audit and risk committee agenda - 11-08-20€¦ · mayor’s task force for jobs community recovery...

A G E N D A

COUNCIL MEETING

Wednesday, 12 August 2020, 9.00AM

Council Chamber Hauraki House William Street PAEROA

Mayor

D A Adams Councillors Cr P G Anderson Cr R D T Broad Cr P D Buckthought Cr C A Daley Cr R G E Garrett Cr B J Gentil Cr R Harris Cr S Howell Cr P A Milner Cr D Smeaton Cr A M Spicer Cr J R Tilsley Cr R L Wilkinson Executive Leadership L D Cavers D Peddie A de Laborde P Thom S Fabish Public Distribution Paeroa Office/Library Plains Area Office Waihi Area Office/Library Chief Executive L D Cavers

Hauraki District Council, P O Box 17, William Street Paeroa, New Zealand P: 07 862 8609 or 0800 734 834 (within the District) E: [email protected] www.hauraki-dc.govt.nz

Membership

Ngà Karakia Timatanga (opening) (1) Kia tau te rangimarie Kia whakapapa pounamu te moana Hei huarahi ma tatou i te rangi nei Aroha atu, aroha mai Tatou i a tatou katoa Hui e! Taiki e! (2) Whakataka te hau ki te uru, Whakataka te hau ki te tonga. Kia mākinakina ki uta, Kia mātaratara ki tai. E hī ake ana te atākura he tio, he huka, he hauhunga. Haumi e! Hui e! Tāiki e! Karakia Whakamutunga (closing) Kia whakai-ria te tapu Kia wātea ai te ara Kia turuki whakataha ai Haumi e. Hui e. Tāiki e!

May peace be widespread May the sea be like greenstone A pathway for us all this day Let us show respect for each other For one another Bind us all together!

Get ready for the westerly and be prepared for the southerly. It will be icy cold inland, and icy cold on the shore. May the dawn rise red-tipped on ice, on snow, on frost. Join! Gather! Intertwine! Restrictions are moved aside So the pathways is clear To return to everyday activities Join Gather Intertwine!

1 Council Agenda – 12-08-20 Doc Ref: 2808895

COUNCIL AGENDA Wednesday, 12 August 2020 – 9.00am Council Chambers, Hauraki House, William Street, Paeroa Presentations 9.45am: Hauraki Citizens Advice Bureau - Trust Chair, Rae Waterhouse Subject: Update of Activities 10.00am: Creative Waikato Trust – Development Officer Paul Bradley and CEO, Dr. Jeremy Mayall Subject: Phase 2 / Year 2 of Waikato Arts Navigator Order of Business Pages

1. Karakia timatanga (opening of meeting) – Cr Wilkinson

2. Apologies

3. Declarations of Late Items

4. Declarations of Interests

5. Confirmation: Council Minutes – (29-07-20) (2792677)

6. Paeroa Netball Inc. Lease 2020 (2808233)

5

14

7. 3-Waters Review - MOU with Crown (2807317) 22Appendix A Three-Waters-Reform-Programme (2807311) 30Appendix B 3 Waters Stimulus Funding Agreement 04 August 2020 (2807309) 31Appendix C Simpson Grierson Advice to SOLGM on MOU - signed 310720 (2807308)

50

Appendix D Notional Funding Allocations (2807307) 56Appendix E 3 Waters Stimulus Delivery Plan 04 August 2020 (2807305) 58Appendix F Grant Funding Guidance 4 August 2020 (2807248)

62

8. New lease Waikino Domain (2808405) 72

9. Community Initiatives Report - July 2020 (2807740) 80Appendix A - CHT 12 month Accountability Report 01-07-19 - 30-07-20 (2795552)

89

Appendix B - CHT Strategic Plan 2020 to 2023 (2795547) 101Appendix C - Creative Waikato Report - Waikato Arts Navigator Stage 2 (2807153)

110

Appendix D - Life Education Trust (2795062) 131Appendix E - CYAA Nomination Forms 2020 (2807164) 146Appendix F - Creative Communities Scheme 2020-21 Round 1 Application Form (2795065)

154

10. Community Recreation Report - July 2020 (2808407) 163Appendix A - HDC Sport Waikato Coordinators Report - 01 Apr - Jun 30 2020

174

11. Community Facilities Report - July 2020 (2808404)

12. Karakia whakamutunga

181

1 Council Minutes 29-07-20 Doc ref: 2792677

HAURAKI DISTRICT COUNCIL MEETING

MINUTES OF A MEETING OF THE HAURAKI DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON WEDNESDAY, 29 JULY 2020 COMMENCING AT 9.00 AM

Karakia timatanga

Cr Buckthought opened the meeting with a karakia. APOLOGIES There were no apologies. LATE ITEMS There were no late items. DECLARATIONS OF INTERESTS There was no declarations. CONFIRMATION: COUNCIL MINUTES – (15-07-20) (2787997) RESOLVED THAT the minutes of the meeting of the Hauraki District Council held on Wednesday 15 July 2020 are received and confirmed as a true and correct record. C20/311 Broad/Anderson CARRIED Matters Arising from the Minutes There were no matters raised. The Mayor invited the Ward Chairs to provide updates on key matters of note in their respective Wards. MAYOR’S TASK FORCE FOR JOBS COMMUNITY RECOVERY PROGRAMME (2790243) The Economic Development Officer presented a report that sought a decision from Council on whether to be involved in the Mayor’s Taskforce for Jobs Community Recovery Programme and to seek feedback on the proposed programme of work.

PRESENT D A Adams (His Worship the Mayor), Cr P A Milner (Deputy Mayor), Cr P G Anderson, Cr R D T Broad, Cr P D Buckthought, Cr C A Daley, Cr R G E Garrett, Cr B J Gentil, Cr R Harris, Cr S Howell, Cr D Smeaton,Cr A M Spicer, Cr J R Tilsley and Cr R L Wilkinson

IN ATTENDANCE Messrs L D Cavers (Chief Executive), A de Laborde (Group Manager -

Engineering Services), D Peddie (Group Manager - Corporate Services), P Thom (Group Manager - Planning & Environmental Services), S B Fabish (Group Manager - Community Services), D Varcoe (Community Services Manager), D Lees (Property Manager), L de Haast (Transportation Manager), E J Wentzel (Water Services Manager), S de Laborde (Manager, Planning and Infrastructure Systems), Ms N Murphy (Strategic Planner), Ms M Matich (Team Leader, Regulatory Services), Ms R Jenks (Economic Development Officer) and Ms C Black (Council Secretary)

Council Agenda - 12-08-20


RESOLVED THAT the report be received. C20/312 Tilsley/Harris CARRIED RESOLVED THAT Council support the development of a proposal for the Mayor’s Taskforce for Jobs Community Recovery Programme, and THAT if the proposal is approved, Council roll out the proposed programme. C20/313 Harris/Broad CARRIED ELECTORAL SYSTEM AND REPRESENTATION ARRANGEMENTS REVIEW - 2020 (2790765) The Group Manager – Community Services and Development presented a report that sought a decision from Council on what electoral system is used and whether to introduce Māori wards for the Hauraki District Council for the 2022 and 2025 elections. RESOLVED THAT the report be received. C20/314 Adams/Daley CARRIED The Local Electoral Act 2001 provides for local authorities in 2020/21 to consider for the 2022 elections (i) the electoral system to be used, (ii) whether Māori wards should be introduced and, for some (iii) to undertake a representation arrangements review - a review is mandatory every six years, with the next representation review not due until 2024. The review of the electoral system must be completed by 12 September 2020. RESOLVED THAT pursuant to section 27 of the Local Electoral Act 2001, Council resolves for the 2022 Hauraki District Council triennial elections to retain the First Past the Post electoral system (FPP).

C20/315 Buckthought/Garrett CARRIED RESOLVED THAT pursuant to section 19ZA of the Local Electoral Act 2001, Council resolves not to introduce Māori wards for the Hauraki District Council for the 2022 and 2025 elections, and THAT if Māori wards are to be introduced, pursuant to clause 1, Schedule 1A of the Local Electoral Act 2001, Council undertakes a representation arrangements review with an initial proposal required no earlier than 1 March 2021 and no later than 31 August 2021, and THAT Council considers these decisions to be insignificant under its Significance and Engagement Policy 2017, and THAT Council engage and/or inform the district residents as appropriate with the decisions made. C20/316 Harris/Broad CARRIED



APPOINTMENT TO WAIHOU-PIAKO FLOOD PROTECTION ADVISORY SUBCOMMITTEE (2790294) APPENDIX A - INVITATION TO WAIHOU PIAKO FLOOD PROTECTION ADVISORY SUBCOMMITTEE (2788126) APPENDIX B - TERMS OF REFERENCE - FLOOD PROTECTION ADVISORY SUBCOMMITTEES (2788152) APPENDIX C - CODE OF CONDUCT FOR EXTERNAL MEMBERS 2018 (2788153) The Group Manager – Community Services and Development presented a report that advised of the invitation received from the Chair of the River and Catchment Committee requesting Council to appoint an elected member to the Waihou-Piako Flood Protection Advisory Subcommittee. RESOLVED THAT the report be received. C20/317 Adams/Spicer CARRIED RESOLVED THAT Council appoints Councillor Phillip Buckthought (and Councillor Rodney Garrett as alternative) to be the Hauraki District Council representative to the Waihou-Piako Flood Protection Advisory Subcommittee. C20/318 Milner/Adams CARRIED ANNUAL DEPT. OF INTERNAL AFFAIRS REPORT 01 JULY 2019 - 30 JUNE 2020 (2789910) The Regulatory Services Team Leader presented a report that provided Council with the annual report that territorial authorities must provide annually to the Department of Internal affairs on their Dog Control Policy and Practices for 2019-2020. The report incorporated statistics for the year 01 July 2019 to 30 June 2020. RESOLVED THAT the report be received. C20/319 Milner/Broad CARRIED RESOLVED THAT pursuant to section 10A of the Dog Control Act 1996, the Hauraki District Council report on Dog Control Policy and Practices for 2019/2020 be adopted and forwarded to the Department of Internal Affairs. C20/320 Spicer/Anderson CARRIED The meeting adjourned at 10.05am. The meeting reconvened at 10.21am CEO MONTHLY REPORT FOR JULY 2020 (2790220) The Chief Executive provided his monthly report covering the month of July 2020. The report updated on recent staffing activity within the organisation, sought feedback from the Councillors on the remits that are to be considered at the LGNZ AGM on 21 August 2020 and outlined the proposed rule change to the LGNZ Constitution that will be submitted to the upcoming LGNZ AGM.



RESOLVED THAT the report be received. C20/321 Tilsley/Daley CARRIED PLANNING AND ENVIRONMENTAL SERVICES REPORT - JUNE 2020 (2789748) The Group Manager – Planning and Environmental Services presented the planning and regulatory report covering June 2020. RESOLVED THAT the report be received. C20/322 Milner/Wilkinson CARRIED WHAREKAWA COAST 2120 PROJECT BUDGET UPDATE (2790237) The Strategic Planner presented a report that provided Council with further detail on the budget for the Wharekawa Coast 2120 project and outlined the potential for overspend. RESOLVED THAT the report be received. C20/323 Adams/Howell CARRIED In November 2018, Council approved a total budget of $290,000 for the community plan project, to be spent over three years (2018/19-2020/21). Refer Council resolution C18/586. Council then approved a further $30,000, for the community plan project, for the 2020/21 year, as part of the Annual Plan process, bringing the total budget to $320,000. As the 2019/20 financial year has now ended, staff reported that spending on the Wharekawa Coast 2120 project was $5,000 under budget ($165,000). The remaining amount will be formally requested to be carried forward to 2020/21 as part of a combined organisational wide report expected in August 2020. TRANSPORT REPORT - JUNE 2020 AND APPENDIX A (2790200) APPENDIX B – WAITAWHETA BRIDGE CONTROLS OPTIONS STUDY (2790203) – (included separately) The Transport Manager presented the transport monthly activity report covering the month of June 2020. RESOLVED THAT the report be received. C20/324 Adams/Tilsley CARRIED The meeting adjourned at 12.10pm The meeting reconvened at 11.45am WASTE MANAGEMENT ACTIVITY REPORT - JUNE 2020 (2790898) The Infrastructure Systems and Planning Manager presented the waste management monthly activity report covering the month of June 2020.



RESOLVED THAT the report be received. C20/325 Smeaton/Gentil CARRIED DISTRICT DRAINAGE ACTIVITY REPORT - JUNE 2020 (2790909) The Infrastructure Systems and Planning Manager presented the District Drainage monthly activity report covering the month of June 2020. RESOLVED THAT the report be received. C20/326 Buckthought/Garrett CARRIED PRESENTATION: OCEANAGOLD WAIHI LIMITED - UPDATE ON MINING ACTIVITY – WAIHI (Mine company presentation (#2793266), (Boffa Miskell presentation #2793258) Mr Bernie O’Leary – OceanaGold General Manager and representatives from Boffa Miskell attended to present an update to Council on the Quattro and Martha mining projects. WATER SERVICES REPORT TO COUNCIL JULY 2020 (COVERING JUNE) (2790719) The Water Services Manager presented the water services monthly activity report covering the month of June 2020. RESOLVED THAT the report be received. C20/327 Harris/Smeaton CARRIED Extension of Meeting beyond Six Hours RESOLVED THAT Pursuant to S.O. 4.2, the meeting continue beyond six hours. C20/328 Harris/Milner CARRIED



Matters to be taken with the Public Excluded RESOLVED THAT the matters to be taken with the public from the following parts of the proceedings of this meeting. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

C20/329 Tilsley/Anderson CARRIED

Item No. General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) Under Section 48(1) for the Passing of this Resolution

1

Future of Tetley’s Quarry

Section 7(2)(i) Prejudice to Commercial Position/Negotiations To enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations.

Section 48(1)(a) That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist.



RESOLVED THAT the public be re-admitted to the meeting and that the business in committee discussed be confirmed. C20/333 Adams/Anderson CARRIED NEW LEASES BORDERING TETLEY’S QUARRY, MARAMARUA (2790539) APPENDIX A - TETLEY'S QUARRY OPTIONS - MAP (2766469) The Community Services Manager presented a report seeking approval of lease agreements and a license to occupy for the use of Council land bordering Tetley’s Quarry, Steen Road, Waitakaruru. The matter of which was deferred at the Council meeting of 15 July. RESOLVED THAT the report be received. C20/334 Broad/Daley CARRIED Council administers land on Steen Road in Waitakaruru. This land consists of the Council Quarry, a forestry block and surrounding grazing land. The area of the grazing land is 13.4 hectares and is currently leased to Heaven Farms Limited. The lease on the land is now due. Another party, Waitakaruru Honey Ltd, has approached Council to lease some land adjacent to their property located next to the Quarry and to have a license to occupy the forestry block in the Quarry on Steen Road. This party is also interested in leasing other land owned by Council. Staff provided a number of options that were included in the report and proposed a recommendation that is favourable to all involved with an increased financial benefit to Council. RESOLVED THAT Council approve the Deed of Leases as per Option 3:

• Heaven Farms Limited lease of 11ha (shown as Area A) from the Hauraki District Council at Tetley’s Quarry for a period of 2 years with a renewal option of another two years, at an annual lease payment of $5,660.

• Waitakaruru Honey lease of 2.4ha (shown as Area B) from the Hauraki District Council

for the at Tetley’s Quarry for a period of 2 years with a renewal option of another two years, at an annual lease payment of $5,500.

• Waitakaruru Honey have a license to occupy the forestry area at the Tetley’s Quarry

for a period of two years with a renewal option of another two years, at an annual fee payment of $3,000.

THAT the leases be subject to the conditions set out in the report. C20/335 Broad/Smeaton CARRIED

Council Agenda - 12-08-20 Page 12


EASEMENT AND GOBLES FORESTRY (2791469) APPENDIX A - GOBLES FOREST PLAN (2790061) APPENDIX B - HARVESTING ESTIMATE AREA B AND C (2790822) The Community Services Manager presented a report from the Property Manager that outlined a request from Patricia and Martyn Lee of 329 Goble Road, Paeroa to grant a right of way easement over part section 6 Block Ohinemuri SD, owned by Council to enable access for harvesting the Gobles Road forestry. RESOLVED THAT the report be received. C20/336 Broad/Daley CARRIED The right of way currently formed has been in use for a number of years. This is the only area for access to the Lee’s property due to the steep gradient of the land from the road, shown on attached plan. The Lee’s would meet all costs, and the works carried out under Section 48 of the Public Works Act 1981, shown on the attached plan. RESOLVED THAT Council grant a right of way easement to Patricia and Martyn Lee over part section 6 Block Ohinemuri SD, owned by Council to provide the Lee’s access to their property to be taken under Section 28 of the Public Works Act 1981, and THAT Council legalise a right of way easement from Patricia and Martyn Lee; this will provide future access for Council to Gobles Road Forest to be taken under Section 28 of the Public Works Act 1981, and THAT Council engage P. F. Olsen to undertake the management of Gobles forest harvesting and log sales when the market value (pruned log) is around $186 per tonne to maximise the financial return to Council. C20/337 Broad/Smeaton CARRIED

Karakia whakamutunga

Cr Buckthought closed the meeting with a Karakia at 3.50pm.

CONFIRMED D A Adams Mayor 12 August 2020


Whaarangi 1 | 8 M 2808233

FOR DECISION MŌ TE WHAKATAUNGA

TO Mayor and Councillors

AUTHOR Steve Fabish Group Manager- Community Services and Development

FILE REFERENCE Document: 2808233

PORTFOLIO HOLDER/S Councillor Rino Wilkinson Community Recreation Portfolio

MEETING DATE 12 August 2020

SUBJECT Paeroa Netball Association Lease

SUMMARY | TE WHAKARĀPOPOTANGA

Paeroa Netball Association has held a lease of the area in the Paeroa Domain including the netball courts and netball club building area. Duration of lease is 20 years less 1 day. (1 July 1998- 30 June 2018) If the Lessee has paid duly and punctually the rent hereby reserved and well and faithfully observed and performed the covenants, conditions and provisions on its part then the Lessee shall have the option of obtaining a new lease of the said land for a further term of twenty years less one day and containing the same covenants and provisions (including this present provision) Since 2018 Council elected members and staff have actively tried to engage with Paeroa Netball Association and Thames Valley Netball Association to seek an agreed way forward on developing a new lease to better meet the needs of Paeroa netball and the wider community. The last formal joint meeting held was on the 3 March 2020, with the following being the summary of the agreed actions, 1. It was agreed to operate under the existing lease conditions for the remainder of 2020 2. It was agreed to move forward together in a collaborative way for the future benefit of

the ratepayers and netball 3. Paeroa Netball/TV Netball will undertake a constitutional review 4. Council have offered staff assistance with ideas for Paeroa Netball/ TV Netball

constitutional review 5. Paeroa Netball/TV Netball will come back to Council with suggestions on what key points

should be in the new lease agreement meeting the principals of shared use/ public access

6. Council have offered staff assistance with lease agreement idea sessions Paeroa Netball/TV Netball may have

No further action has occurred since this meeting, even though numerous verbal and written reminders to the Paeroa Netball Association have been given.



Paeroa community netball has suffered due to the lack of access to the courts resulting in various teams now having to practice at the Paeroa Hall and play outside of Paeroa. There is considerable community pressure on Council to resolve this issue. Council have sought legal advice on the matter and is suggesting that a formal letter be sent to Paeroa Netball Association, outlining Council’s concern and forward direction.

RECOMMENDATION | TE WHAIKUPU

THAT the report be received. THAT Council approves that the formal letter, outlined in the report, be sent to Paeroa Netball Association outlining Council concerns regarding the lack of progress on a new lease and public access to the netball facilities, and THAT the Council considers these decisions to be insignificant under its Significance and Engagement Policy 2017, and THAT Council informs the community and Paeroa Netball Association of its decision.

1 PURPOSE | TE ARONGA To seek Council’s approval for a formal letter to be sent to Paeroa Netball Association outlining Council concerns regarding the lack of progress on a new lease and public access to the netball facilities.

2 BACKGROUND | TE KŌRERO Ā MUA

Paeroa Netball Association has held a lease of the area in the Paeroa Domain including the netball courts and netball club building area. A summary of the property’s lease is outlined below: Current ownership and tenure

Land is owned by Hauraki District Council. Building ownership is that of Paeroa Netball Association and Thames Valley Netball Association.

Current use Activities associated with Netball

Lessee Paeroa Netball Association

Duration of lease 20 years less 1 day. (1 July 1998- 30 June 2018)

Limitations / conditions / requirements on the lease of the property

In no case shall the Council be called upon by the Lessee to pay or do anything for or in or towards the fencing or contribute to the fencing of any of the land hereby leased from any adjoin land for the time being vested in or held by the Council but this proviso shall not inure to the benefit of any lessee of the said adjoining land.



The Lessee shall not assign or sublet or part with the possession of the said land or any part thereof without the consent in writing of the Council. The land and buildings shall not be put to any use that is not in keeping with or ancillary to recreational netball. If the Lessee have paid duly and punctually the rent hereby reserved and well and faithfully observed and performed the covenants, conditions and provisions on its part then the Lessee shall have the option of obtaining a new lease of the said land for a further term of twenty years less one day and containing the same covenants and provisions (including this present provision) Should the Lessee not exercise its option to renew the lease hereby created, all improvements effected by the Lessee on the said land may be taken over by the Council at a valuation to be agreed upon between the parties.

Lease fees and charges and outgoings payable

Yearly rental of $20 including GST, subject to review after 10 years.Pay all separate uniform annual rate charges and assessments including sewerage and refuse charges, and water if not charged as a metered supply

Roles and responsibilities The Lessee shall be entitled to effect improvements to the said land for the purpose of providing netball courts and such administration and pavilion buildings and amenities as are in the opinion of the Lessee required PROVIDED HOWEVER that no such improvements shall be carried out by the Lessee without the written consent of the Council. The Lessee shall and will keep in good order and repair, all buildings and fences and every other description of improvements which now are or which hereafter during the said term may be made on the land, except depreciation from fair wear and tear, weather or causes without neglect of the Lessee and damage by fire, earthquake tempest or inevitable accident. The Lessee will insure the premises. The Lessee shall keep the Lessor indemnified against all claims, losses and expenses arising out of any act or matter involving the use of the said land and premises. The Lessor shall reserve the right to enter upon the area to make inspections as considered necessary.



FIGURE 1: PAEROA DOMAIN – NETBALL BUILDING AREA A

FIGURE 2: PAEROA DOMAIN – NETBALL AREA B



The community have expressed their strong desire to have the courts available for use outside the times that Paeroa Netball Association are conducting their activities. This will align with Council’s strategic direction for the Paeroa Domain and HDC Sport and Active recreation Plan:

− There needs to be a focus on optimisation of use, refurbishment or rationalisation of facilities.

− There is potential to better develop existing facilities to maximise the community

benefit of the spaces for the Hauraki District community with sports working together to maximise outcomes.

− Encourage co‐use of existing assets and / or amalgamation of clubs when warranted

Since 2018 Council elected members and staff have actively tried to engage with Paeroa Netball Association and Thames Valley Netball Association to seek an agreed way forward on developing a new lease to better meet the needs of Paeroa netball and the wider community. Members of the public have raised the issue of access to the Paeroa Netball courts informally with councillors over recent years and then more formally when a meeting was held with the Mayor and Paeroa Ward councillors with concerned members of the wider Netball community on 15 May 2018. Paeroa Netball Centre executive were invited to this meeting but chose not to attend. A further meeting was held with the Mayor and Paeroa Ward Chair on 28 May 2018 to discuss the concerns raised with a view to finding a way forward that was amenable to all parties. This was not able to be achieved. Meetings that they did attend generally resulted in jointly agreed actions but no further advancement. The last formal joint meeting held was on the 3 March 2020 with the following being the summary of the agreed actions, 1. It was agreed to operate under the existing lease conditions for the remainder of 2020 2. It was agreed to move forward together in a collaborative way for the future benefit of

the ratepayers and netball 3. Paeroa Netball/TV Netball will undertake a constitutional review 4. Council have offered staff assistance with ideas for Paeroa Netball/ TV Netball

constitutional review 5. Paeroa Netball/TV Netball will come back to Council with suggestions on what key points

should be in the new lease agreement meeting the principals of shared use/ public access

6. Council have offered staff assistance with lease agreement idea sessions Paeroa Netball/ TV Netball may have

No further action has occurred since this meeting, even though numerous verbal and written reminders to the Paeroa Netball Association have been given.



Council operational cost contribution to Paeroa Netball since 2016 Council have contributed additional services to Paeroa Netball, on demand, to ensure the sport of netball is maintained in Paeroa. These are outlined in the table below.

Date What for $AmountApril 2017 Seal cracks in asphalt $2,065.00April 2017 Waterblast court surface $1,795.00April 2018 Waterblast court surface $1,740.00April 2019 Waterblast court surface $5,400.00Sept 2019 Repairs to fence $5,635.00May 2020 Waterblast court surface $1,445.00June 2020 Waterblast court surface $1,445.006 x per year since 2016 Rubbish removal on request (estimate only) $1,200.006 x per year since 2016 Mowing on request (estimate only) $1,200.00

TOTAL $21,925.00 In addition to operational support, Council also made a contribution of $30,000 in 2013, towards the new outdoor court lights and project managed the purchase and installation.

3 THE ISSUES | NGĀ TAKE

Paeroa community netball has suffered due to the lack of access to the courts resulting in various teams now having to practice at the Paeroa Hall and play outside of Paeroa.

There is considerable community pressure on Council to resolve this issue.

Council have sought legal advice on the matter and is suggesting that the following letter be sent to Paeroa Netball Association, outlining Council’s concern and forward direction.

Paeroa Netball Association

Paeroa Domain

King Street

Paeroa 3600

Attention: President

Paeroa Domain - Paeroa Netball Association Inc



1. We note that we have not had a response from Paeroa Netball to our email of 3 March 2020 which summarised the outcomes of the meeting on that date with Council.

2. At that meeting it was agreed that:

(a) Council and Paeroa Netball will continue to operate under the terms of the original lease until the end of 2020;

(b) Council and Paeroa Netball will move forward together in a collaborative way for the future benefit of ratepayers and the development of netball and netball players within the community;

(c) Paeroa Netball will undertake a constitutional review, with Council offering staff assistance;

(d) Council and Paeroa Netball will enter into a new lease which meets the principles of shared use of the premises and public access. Paeroa Netball was to come back to the Council with suggestions on the key terms to be recorded in that lease.

3. Paeroa Netball have not replied to Council communications, or arranged for joint planning meetings, since the meeting of 3 March 2020.

4. Council’s agreement to allow Paeroa Netball to continue operating under the terms of the original lease for the remainder of 2020 was on the basis that Paeroa Netball would cooperate with and reach agreement with the Council on the terms of a new lease.

5. As Paeroa Netball has remained in occupation of the premises beyond the expiry date of the lease without being renewed, the lease has reverted to a periodic tenancy terminable under Section 210 of the Property Law Act 2007. Council considers that Paeroa Netball’s right to renew the original lease has expired.

6. Council remains willing to work together with Paeroa Netball to have a new lease put in place for the betterment of Paeroa Netball within the community. As agreed on 3 March 2020, this new lease will need to allow for the principles of shared use of the premises and public access to the premises.

7. Please advise by 11 September 2020 as to a date that Council staff can meet with Paeroa Netball to advance the new lease discussions and to determine whether assistance is required with Paeroa Netball’s constitutional review.

8. Until this matter is resolved:

(a) Council will be offering no further financial or physical support to the club or the premises outside of Council’s obligations under the periodic tenancy or otherwise at law.



(b) Council requires Paeroa Netball to cease using the premises for the purposes other than recreational netball use.

(c) Council intends to raise its concerns with Netball New Zealand with regards to the restriction of netball players within the community.

(d) Council is considering its legal options with respect to Paeroa Netball’s current occupation of the premises.

We look forward to your response by 11 September 2020.

4 ENGAGING WITH OUR COMMUNITIES | KIA UIA TE HAPORI WHĀNUI

Staff consider that the Council does have enough of an understanding of community views and preferences on this matter. The level of engagement considered appropriate for this matter, at this point in time, is to inform (i.e. one-way communication disseminating information) the community and Paeroa Netball Association of its decision.

5 Approval Prepared by Steve Fabish

Group Manager- Community Services and Development

Approved by Langley Cavers Chief Executive



FOR DECISION MŌ TE WHAKATAUNGA


AUTHOR Adrian de Laborde Group Manager Engineering Services

FILE REFERENCE Document: 2807302 Appendix A: Three Waters Reform Programme M2807311 Appendix B: 3 Waters Stimulus Funding Agreement M2807309

Appendix C: Simpson Grierson Advice SOLGM on MOU M2807308 Appendix D: Notional Funding Allocations M2807307 Appendix E: Eater Stimulus Delivery Plan M2807305 Appendix F: Grant Funding Guidance M2807248

PORTFOLIO HOLDER/S Councillor Ross Harris 3 Waters portfolio

MEETING DATE 12 August 2020

SUBJECT Department of Internal Affairs 3-Waters Review

Memorandum of Understanding


This report provides an update on the Governments reform programme for 3 Waters and seeks

approval for the Council to enter into a Memorandum of Understanding with the Crown.

The decision is not considered to be a significant decision.




THAT the report be received. THAT the Council agrees to enter into a Memorandum of Understanding with the Crown, thus agreeing to participate in the initial stage of a central/local government three waters service delivery reform programme THAT the Council authorise the Chief Executive to enter into the Funding Agreement, to accept a grant from the Crown to spend on operating and/or capital expenditure relating to three waters infrastructure and service delivery THAT the Council considers these decisions to be insignificant under its Significance and

Engagement Policy 2017. THAT the Council informs the community that the Memorandum of Understanding has been

entered into.

1 PURPOSE | TE ARONGA This report provides an update to the Council on the Government’s progress on the reform of

3-Waters. It seeks the approval of the Council to enter into a Memorandum of Understanding

with the Department of Internal Affairs (DIA) thus enabling the Council to actively engage with

the reform process. This will also release a grant to HDC for this financial year.

2 BACKGROUND | TE KŌRERO Ā MUA

Over the past three years, central and local government have been considering solutions to

challenges facing delivery of three waters services to communities. This has seen the development of new legislation and the creation of Taumata Arowai, the new

Water Services Regulator, to oversee and enforce a new drinking water regulatory framework,

with an additional oversight role for wastewater and stormwater networks. While addressing the regulatory issues, both central and local government acknowledge that

there are broader challenges facing local government water services and infrastructure, and

the communities that fund and rely on these services. There has been underinvestment in three waters infrastructure in parts of the country and

persistent affordability issues; along with the need for additional investment to meet

improvements in freshwater outcomes, increase resilience to climate change and natural

hazards, and enhance community wellbeing. In July 2020, the Government announced a funding package of $761 million to provide

immediate post-COVID-19 stimulus to local authorities to maintain and improve three waters

(drinking water, wastewater, stormwater) infrastructure, and to support reform of local

government water services delivery arrangements. Of this $761M, approximately $130M has

already been allocated leaving the balance for distribution across Local Government NZ

(LGNZ).



The Government has indicated that its starting intention is public multi-regional models for

water service delivery to realise the benefits of scale for communities and reflect neighbouring

catchments and communities of interest. There is a preference that entities will be in shared

ownership of local authorities but there would also appear to be a desire by the Government to

get the waters assets and associated debt off Council’s balance sheets which may see the

ownership transfers to Crown Entities. Design of the proposed new arrangements will be

informed by discussion with the local government sector. There is a shared understanding that a partnership approach between Central and Local

Government will best support the wider community interests, and ensure that any transition

to new service delivery arrangements is well managed and as smooth as possible. This has led

to the formation of a joint Three Waters Steering Committee to provide oversight and guidance

on three waters services delivery and infrastructure reform.

3 THE ISSUES | NGĀ TAKE The Government has provided funding to LGNZ to undertake capital or operating works not in

the current annual plan. This funding is only available to those Councils who sign the

Memorandum of Understanding (Appendix A) with the Department of Internal Affairs (DIA).

3.1 Reform process and indicative timetable

The Government has set ambitious 3 year timeframe for the reform of the 3-waters. This is

broken into 3 Tranches. See Appendix A for a breakdown of the process and tranches. Tranche 1 effectively began on 1 July 2020. This tranche is intended to be a collaborative

phase whereby TLA’s and other stakeholders work with the DIA to consider a multi-regional

model for the delivery of water services across New Zealand. To encourage engagement the $761M stimulus package in the form of grants has been made

available. In order to secure this grant funding TLA’s are required to enter into a Memorandum

of Understanding (Appendix B) with the Crown (DIA). Failure to enter into the MOU removes a

Council from Tranche 1 – both the consultation / collaboration and funding. The Crown has sought a legal opinion as to whether this would trigger the Significance and

Engagement threshold and the opinion is that it would not (Appendix C)

3.2 Funding Allocation

HDC has been allocated a direct amount of $1.53M (Appendix D – Notional Funding

Allocations). There is a Regional Allocation of $33.30M. The allocation of this is to be

undertaken collaboratively across the Region (by say the Mayoral Forum) and regional projects

should be considered. The remaining balance will then be paid out to each Council in

accordance with the ratios of the TA allocation – HDC would get approximately 4.6% of the

balance of the Regional Allocation of $33.3M. The Regional Allocation is an opportunity for each region to undertake works that have a

regional benefit and not just Council specific. There are a number of projects that could be

undertaken in this category that staff are preparing for consideration.



If no agreement is reached then each Council gets the equivalent of their original allocation ie

HDC would receive an additional $1.53M bringing the total allocation HDC could potentially

receive to $3.06M.

3.3 Funding Stimulus Process

Aside from the MOU, each Council is required to prepare a 3-Waters Stimulus Grant Delivery

Plan (Appendix E) to the Crown Infrastructure Partners Ltd (CIP) for consideration and review.

Once this is accepted the funding will be released in accordance with the MOU. Staff are

preparing possible projects for consideration. The projects need to have started by 31 March 2021 and must be completed by 31 March

2022. They are to be either operating or capital works currently not included in the 2020/21

Annual Plan. We are preparing a schedule of projects for the Council’s consideration. This has

to be submitted to the CIP by 30 September 2020. The CIP will have completed their review by

the 30 November 2020. Appendix F provides an overview of the entire funding stimulus process.

4 ENGAGING WITH OUR COMMUNITIES | KIA UIA TE HAPORI WHĀNUI

Staff consider that the Council does have enough of an understanding of community views

and preferences on this matter. The level of engagement considered appropriate for this

matter, at this point in time, is to inform (i.e. one-way communication disseminating

information).

5 OUR OPTIONS | NGĀ KŌWHIRINGA A MĀTOU

Staff have identified the following options for the Council to consider: Not sign the Memorandum of Understanding Sign the Memorandum of Understanding These options and their advantages and disadvantages are outlined below.

5.1 OPTION 1: Not sign the MOU

ABOUT THIS OPTION The Council could choose to mot sign the MOU and not engage with the process.

ADVANTAGES None

DISADVANTAGES 1. Loss of potential funding to $3.06M 2. Not able to engage with the DIA and

LGNZ in determining the future

structure of the 3-Waters Delivery

FINANCIAL COSTS



Whole of life costs Nil

Budget source N/A Changes to budgets There will be no change to budgets Impact on the Council’s debt The impact on the Council’s debt is uncertain at this stage

as some of the works are currently not on the LTP but are

proposed for the new LTP Potential impact on rates The impact on rates will be determined by the depreciation

of the works undertaken.

5.2 OPTION 2: Sign the MOU

ABOUT THIS OPTION The Council signs the MOU and then proactively engages with reform process. We also

secure funding for capital or operational works

ADVANTAGES 1. Able to actively engage with the reform

process 2. Secure up to $3.06M in grants

DISADVANTAGES 1. None

FINANCIAL COSTS

Whole of life costs Depreciation of capital works. Impacts unknown as works

currently not finalised Budget source N/A Changes to budgets In order to accommodate these costs there will not need to

be changes to budgets. Impact on the Council’s debt The impact on the Council’s debt is to reduce potential debt Potential impact on rates The impact on rates will be determined by the depreciation

of the works undertaken. If planned operating works are

brought forward this will potentially reduce rates for the

2021-22 financial year. This is likely to be minimal.

6 PREFERRED OPTION| TE KŌWHIRINGA MATUA

Staff recommend proceeding with option 2 – Sign the MOU.

6.1 LINKAGES

STRATEGIC

DIRECTION The preferred option IS consistent

with the Council’s strategic

direction, including community

outcomes.

LONG TERM PLAN /

ANNUAL PLAN

ALIGNMENT

The preferred option IS consistent

with the long term plan and/or

annual plan programmes and

budgets.



POLICIES, BYLAWS

AND PLANS

ALIGNMENT

The preferred option IS consistent

with the Council’s other

strategies, policies, bylaws and

plans.

SIGNIFICANCE

ASSESSMENT The decision IS NOT considered

significant under the Council’s

Significance and Engagement Policy

2017.

IMPLICATIONS FOR

MĀORI The decision DOES NOT involve a

significant decision in relation to

land or a body of water.

6.2 ASSESSING THE RISKS

Staff have identified the following risks associated with the recommended option.

Description of risk Level of risk How we could soften the risk Risk

remaining

Delivery of programme

Moderate Increase resourcing of Project

Management team

Low

Contractor Availability High Progress works urgently to

ensure contractors can

programme works

Moderate

7 NEXT STEPS | TE ARA KI MUA

Timeframe Action Comments

28 August 2020 Sign and submit the MOU

15 September

2020

Report to Council for proposed

works This will identify and seek

approval for the proposed to be

included in the 3-Waters Stimulus

Grant Delivery Plan

31 September

2020

Submit 3-Waters Stimulus Grant

Delivery Plan

October 2020 Start procurement etc processes

8 Approval

Prepared by Adrian de Laborde Group Manager Engineering Services

Approved by Langley Cavers Chief Executive



APPENDICES A - F


Estimated cost for upgrading networked drinking water treatment plants to meet drinking water standards, with an additional annual operating cost of $11-$21 million.

A more recent analysis highlights the extent of the reinvestment challenge and the “renewals gap”.

Over the past three years central and local government have been considering solutions to challenges facing the regulation and delivery of three waters services. This has seen the development of new legislation and the creation of Taumata Arowai, the new water services regulator.

Both central and local government acknowledge that there are broader challenges facing the delivery of water services and infrastructure, and the communities that fund and rely on these services. There has been regulatory failure, underinvestment in three waters infrastructure in parts of the country, and persistent a�ordability challenges.

Iwi/Māori also have a significant interest in te mana o te wai. Both central and local government acknowledge the importance of rights and interests under the Treaty of Waitangi and the role of the Treaty partners in progressing these issues.

Additional investment is required to increase public confidence in the safety of drinking water, and to improve environmental outcomes. The reform of three waters services will also support increased sustainability and resilience of communities to natural hazards and climate change.

��

Government funding

Jobs protected or created

GDP increase

(direct)

(direct, indirect, induced)

(direct)

(direct, indirect, induced)

1. BACKGROUND 3. OBJECTIVES 4. KEY FEATURES

6. PROPOSED PROCESS 7. FUNDING AND IMPACT

2. CHALLENGES

Significantly improving safety and quality of drinking water services, and the environmental performance of wastewater and stormwater systems.

Ensuring all New Zealanders have equitable access to a�ordable three waters services.

Improving resource coordination and unlocking strategic opportunities to consider national infrastructure needs at a larger scale.

Increasing resilience of three waters service provision to both short- and long-term risks and events, particularly climate change and natural hazards.

Design features of the proposed reform programme should examine, as a minimum:

First tranche funding provided as a grant to Councils who opt-in to participate in the reform process.

Allocation is based on a simple formula applied on a nationally consistent basis.

Future additional funding will be subject to Government decision-making and reliant on progress against the reform objectives.

• Stimulate investment, to assist economic recovery through job creation, and maintain investment in water infrastructure renewals and maintenance.

• Reform current water service delivery into larger scale providers, to realise significant economic, public health, environmental, and other benefits over the medium- to long-term.

• Three phases of reform with three tranches of investment proposed (as set out above). The first phase of the programme includes a Memorandum of Understanding between central and local government to progress the reform in partnership. Reform will be guided by a joint Steering Committee at key stages.

• Non-binding MOU between each Council and Government.

• Does not commit Councils to reforming water services or transferring assets.

• Enables Councils to access funding for three waters through an associated Funding Agreement and Delivery Plan.

Quantifying the precise infrastructure gap remains challenging. The O�ice of the Auditor General (OAG) has raised concerns about relevant and reliable information about assets remaining a challenge.

THE EXISTING INFRASTRUCTURE DEFICIT

UNGRADED ASSETS

While unquantified in New Zealand due to limited asset quality data, experience from places like Scotland that have undertaken significant water services reforms indicates the bulk of asset replacement value (potentially up to 80%) and the accumulated infrastructure deficit likely lies in renewal of pipes rather than treatment plants.

Forecast average renewals as proportion of forecast average depreciation for:

Across our water networks

RENEWAL GAPS

FURTHER RESEARCH COMMISSIONED BY DIA FOUND:

An opt-in reform and funding programme to:

Progressed in phases:

Memorandum of understanding:

ALLOCATION OF FUNDING

INDICATIVE ALLOCATION SUBJECT TO CONFIRMATION

45%Potable &wastewater

52%Stormwater categorised as upgraded

82%Water supply

67%Wastewater

52%Stormwater

$309-$574 million

Estimated cost for upgrading wastewater treatment systems that discharge to coastal and freshwater bodies to meet national minimum discharge standards, with an annualised operating cost of $126-$193 million.

$3-$4 billion

Water service delivery entities that are: – of significant scale (most likely

multi-regional) to enable benefits from aggregation to be achieved over the medium- to long-term;

– asset-owning entities with balance sheet separation, to support improved access to capital, alternative funding instruments and improved balance sheet strength; and

– structured as statutory entities with appropriate and relevant commercial disciplines and competency-based boards.

Delivery of drinking water and wastewater services as a priority, with the ability to extend to stormwater service provision only where e�ective and e�icient to do so.

Publicly owned entities, with a preference for collective council ownership.

Mechanisms for enabling iwi/Maori and communities to provide input in relation to the new entities.

D

C

BAA C Moving three waters services to a financially sustainable footing, and addressing the a�ordability and capability challenges faced by small suppliers and councils.

Improving transparency and accountability in cost and delivery of three waters services, including the ability to benchmark performance of service providers.

E

FD

B

Indicative funding

allocation by Council type

50%37%

13%

LEGENDMetropolitan Councils (50%)Provincial Councils (37%)Rural Councils (13%)

$761 million

2,288 jobs

7,230 jobs

$236 million

$800 million

A proposal to transform the delivery of three waters services

5. INDICATIVE REFORM PATHWAY

YEAR 1: 1 JUL 2020 – 30 JUN 2021

TRANCHE 1 TRANCHE 2 TRANCHE 3

YEAR 2: 1 JUL 2021 – 30 JUN 2022 YEAR 3: 1 JUL 2022 – 30 JUN 2023

Council agreement to MOU triggers tranche #1 of stimulus release

Engage with iwi/Māori to

establish interests in reform

programme

Councils work with stakeholders and iwi to consider multi-region groupings

Councils opt-in to multi-regional groupings and undertake pre-establishment planning. Triggers possible further stimulus.

SECT

OR

Release tranche #1 of stimulus

Guidance to the sector on entity design considerations

Legislation introduced

General elections

GO

VER

NM

ENT

Local elections

Legislation passes

General elections

New entities commence operation

Confirm features and commence dra�ing legislation

#1

Release tranche #2 of stimulus*

* Subject to Government decision-making

#2

Release tranche #3 of stimulus*

#3

#1

Related to formation of new entities. Triggers possible further stimulus.

Partner with sector through joint Steering Committee

Council Agenda - 12-08-20 Page 30Appendix A

FUNDING AGREEMENT

BETWEEN

DEPARTMENT OF INTERNAL AFFAIRS

AND

[NAME OF RECIPIENT]

FOR

THREE WATERS SERVICES REFORMS


Appendix B

AGREEMENT The parties (identified below in Part 1) agree to be bound by the terms and conditions of this Agreement, as set out below in Part 1 (Key Details), Part 2 (General Terms), Part 3 (Definitions and Construction) and the Schedule (Payment Request). PART 1: KEY DETAILS

1 Parties The Sovereign in right of New Zealand, acting by and through the Chief Executive of the Department of Internal Affairs (DIA)

[NAME OF RECIPIENT] (Recipient)

2 Background The New Zealand Government is undertaking a reform programme for “Three Waters” (drinking water, wastewater and stormwater) service delivery for communities (Three Waters Reform Programme). In conjunction with the Three Waters Reform Programme, the New Zealand Government is investing in water service delivery. The investment’s objectives are to:

1. improve the safety and quality of drinking water services, and the environmental performance of drinking water and wastewater systems, by maintaining, increasing or accelerating investment in core water infrastructure renewals and maintenance; and

2. support New Zealand’s economic recovery from the COVID-19 pandemic through job creation, by enabling investment to continue at a time when council revenues are uncertain and they face immediate cashflow challenges.

The New Zealand Government has mandated DIA to manage the provision of Government funding to local authorities to support investment in water infrastructure that supports its public health and environmental management objectives. Provision of such funding supports the objectives of the reform programme, by creating positive momentum toward reform of delivery arrangements for drinking water and wastewater services and infrastructure (with stormwater as a secondary priority).

The New Zealand Government has also mandated Crown Infrastructure Partners Limited (CIP) to assist in managing such funding by undertaking a monitoring role.

The Recipient is a territorial authority with statutory responsibility for delivering Three Waters services within its own district or city. The Recipient will work collaboratively with the New Zealand Government in connection with the Three Waters Reform Programme.

DIA has agreed to contribute funding to the Recipient on the terms and conditions of this Agreement (Agreement).

Key details of this Agreement are set out in this Part 1. The full terms and conditions are set out in Part 2. Defined terms and rules of interpretation are set out in Part 3.

3 Conditions Precedent

No Funding is payable under this Agreement until DIA has confirmed to the Recipient in writing that it has received, and found, in its sole discretion, to be satisfactory to it in form and substance, the following documents and evidence:

1. This Agreement, duly executed by the Recipient by 30 September 2020.

2. The Memorandum of Understanding, duly executed by the Recipient by 31 August 2020.


3. The final Delivery Plan prepared by the Recipient, in a form approved by DIA and duly executed by the Recipient by 31 October 2020.

A draft of the Delivery Plan must be submitted by no later than 30 September 2020 to [email protected] (copied to the Monitor) for review and comment by DIA (and/or the Monitor as its nominee).

Once DIA (or the Monitor) responds to the draft Delivery Plan, the Recipient must promptly engage with DIA (or the Monitor), seek to resolve such comments, and submit a final Delivery Plan for DIA’s approval.

The Recipient is responsible for the content of the Delivery Plan and approval by DIA for the purposes of this Agreement shall not impose any obligations on DIA in respect of the Delivery Plan other than as expressly set out in this Agreement.

These conditions precedent must either be satisfied (in the opinion of DIA) or waived by DIA (at its sole discretion) by 31 October 2020, unless a later date is agreed otherwise in writing with DIA. In the event that they are not satisfied or waived within that time, DIA may notify the Recipient that this Agreement has not come into effect and is null and void.

4 Expenditure Programme(s)

The Recipient may only use the Funding to complete the expenditure programme(s) described in the Delivery Plan (each an Expenditure Programme).

5 Expenditure Programme Milestones and Completion Dates

The Recipient is to complete the Expenditure Programme Milestones set out in the Delivery Plan to the satisfaction of DIA by the Completion Dates dates set out therein.

6 End Date The End Date is 31 March 2022, or such later date determined by DIA in its discretion.

7 Funding The total Funding available under this Agreement is up to NZ$[INSERT HERE] plus GST (if any). This is the Total Maximum Amount Payable.

The first instalment of Funding under this Agreement is subject to satisfaction of the Conditions Precedent set out in Item 3 above and receipt of a duly completed Payment Request in accordance with clause 1 of Part 2.

The balance of the Funding under this Agreement will be paid in instalments as specified in the Delivery Plan, subject to satisfaction of the conditions set out below and the other terms and conditions of this Agreement.

Each instalment of Funding under this Agreement, following payment of the first instalment, is subject to:

(a) Receipt of a duly completed Payment Request in accordance with clause 1 of Part 2.

(b) The Expenditure Programme(s) having commenced no later than 31 March 2021.

(c) DIA receiving and being satisfied with the quarterly reports specified in the Key Details, together with the other information required in this Agreement.

(d) No Termination Event, or event entitling DIA to suspend funding under this Agreement, subsisting.

(e) Any further conditions relating to that instalment of Funding as specified in the Delivery Plan.

The first Payment Request may be submitted upon the Commencement Date


mailto:[email protected]

occurring. Each subsequent Payment Request may only be submitted at the same time as submission of a quarterly report in accordance with item 8 (Reporting) of the Key Details, and no more than one such Payment Request may be submitted in any Quarter, except (in each case) to the extent agreed by DIA in its sole discretion.

8 Reporting The Recipient will provide DIA (copied to the Monitor) with quarterly reports by the 10th Business Day following the end of each Quarter, with effect from the Commencement Date. Each quarterly report must include the information set out below, in the standard reporting form specified by DIA.

The Recipient will also provide DIA (copied to the Monitor) with a final report by the 10th Business Day following the date on which the Expenditure Programme(s) are completed. The final report must include the information set out below, in the standard reporting form specified by DIA.

Each report is to be in form and substance satisfactory to DIA in its sole discretion.

Each quarterly report must include the following information:

(a) Description and analysis of actual progress of the Expenditure Programme(s) against planned progress for the relevant Quarter;

(b) A summary of expenditure, actual against budgeted (including underspend and cash float), for the relevant Quarter;

(c) Plans for the next Quarter;

(d) Forecast cashflows and forecast of the costs to complete the Expenditure Programme(s);

(e) Any major risks arising or expected to arise with the Expenditure Programme(s), costs or performance of this Agreement, together with actual or proposed mitigations for those risks (including, where the actual Expenditure Programme(s) costs are forecast to exceed budgeted costs, how the shortfall is to be funded);

(f) A summary of the number of jobs created, actual against expected, through people employed in the Expenditure Programme(s);

(g) Any specific reporting requirements set out in the Delivery Plan; and

(h) Any other information that is notified by DIA in writing to the Recipient.

The final report must include the following information:

(a) Description and analysis of completion of the Expenditure Programme(s) against the original programme;

(b) A summary of expenditure, actual against budgeted (including underspend), for the full Expenditure Programme(s);

(c) Detail of the Recipient’s proposed next steps;

(d) An update on media, marketing and communication activities for the Expenditure Programme(s);

(e) A summary of the number of jobs created, actual against expected, through people employed in the Expenditure Programme(s);

(f) Any specific reporting requirements set out in the Delivery Plan; and

(g) Any other information that is notified by DIA in writing to the Recipient.

9 Special Terms [None] / [Special terms to be added]


10 Recipient’s Bank Account

[xx-xxxx-xxxxxxxx-xxx]

11 Representative DIA’s Representative:

Name: Allan Prangnell

Email: [email protected]

Recipient’s Representative:

Name: [name]

Email: [email]

12 Address for Notices To DIA:

Three Waters Reform Level 7, 45 Pipitea Street Wellington 6011

Attention: Allan Prangnell

Email: [email protected], with a copy to [email protected]

To the Monitor:

Attention: Anthony Wilson

Email: [email protected]

To the Recipient:

[address]

Attention: [name]

Email: [email]

SIGNATURES SIGNED by the SOVEREIGN IN RIGHT OF NEW ZEALAND acting by and through the Chief Executive of the Department of Internal Affairs or his or her authorised delegate:

_____________________________

Name:

Position:

Date:

SIGNED for and on behalf of [RECIPIENT NAME] by the person(s) named below, being a person(s) duly authorised to enter into obligations on behalf of the Recipient:

_____________________________

Name:

Position:

Date:

_____________________________

Name:

Position:

Date:

END OF PART 1






PART 2: GENERAL TERMS

1 FUNDING

1.1 DIA must pay the Funding (up to the "Total Maximum Amount Payable" specified in the Key Details) to the Recipient, subject to the terms of this Agreement. Unless stated otherwise in this Agreement, the Recipient may only claim the Funding to the extent necessary to cover Eligible Costs that have been or will be incurred by the Recipient, and the Recipient must use the Funding solely on Eligible Costs.

1.2 The Recipient must submit a Payment Request to [email protected] and copying in DIA's Representative and the Monitor on completion of one or more Expenditure Programme Milestones specified in the Delivery Plan. Such Payment Request must be submitted at the time specified in, and otherwise in accordance with, item 7 (Funding) in the Key Details.

1.3 Each Payment Request is to be signed by the Chief Executive and an authorised signatory of the Recipient and must be in the form set out in the Schedule and include the confirmations set out therein, and must include:

(a) the amount of Funding requested, which must not exceed the aggregate maximum Funding instalment amounts set out in the Delivery Plan for the Expenditure Programme Milestone(s) to which that Payment Request relates; and

(b) contain any other information required by DIA.

1.4 Once DIA has reviewed the Payment Request and the information enclosed with it, it will request the Recipient to provide (and the Recipient will provide) a valid GST invoice complying with the Goods and Services Tax Act 1985.

1.5 DIA is not required to pay any Funding in respect of a Payment Request:

(a) if any Expenditure Programme Milestone(s) have not been completed by the relevant "Completion Date" specified in the Delivery Plan;

(b) if any reports specified in the Key Details have not been provided or are not in form and substance satisfactory to DIA in its sole discretion;

(c) if the Conditions specified in Item 7 of the Key Details relating to that instalment have not been satisfied;

(d) if payment will result in the Funding exceeding the "Total Maximum Amount Payable" specified in the Key Details;

(e) if this Agreement has expired or been terminated; and/or

(f) while the Recipient is in breach of this Agreement.

For the avoidance of doubt, DIA’s obligation to make Funding available under this Agreement is strictly subject to clause 6.2.

1.6 Subject to the terms of this Agreement, DIA must pay each valid Payment Request by the 20th day of the month after the month the GST invoice referred to in clause 1.4 is dated, and if such day is not a Business Day, on the next Business Day. DIA will pay the Funding to the Bank Account of the Recipient specified in Item 10 of the Key Details.



1.7 The Funding made available under this Agreement comprises grant funding and does not comprise an equity investment or loan. It is only repayable in the specific circumstances set out in this Agreement.

1.8 DIA may, at its discretion, notify the Recipient in writing that it wishes to enter into a GST Offset Agreement in connection with the payment of GST on any Funding. The Recipient must, where applicable, take all such steps as are reasonably required to achieve that GST offset in accordance with the Goods and Services Tax Act 1985.

2 RECIPIENT’S RESPONSIBILITIES

Standards and compliance with laws

2.1 The Recipient must comply with all applicable laws, regulations, rules and professional codes of conduct or practice.

Expenditure Programme(s) and Contractors

2.2 The Recipient must not, without DIA’s prior written consent, make any Material Variation to the Expenditure Programme(s) (including its description and scope) as set out in the Delivery Plan.

2.3 The Recipient must ensure that the Expenditure Programme(s) are carried out:

(a) promptly with due diligence, care and skill, and in a manner that meets or exceeds Best Industry Practice;

(b) by appropriately trained, qualified, experienced and supervised persons; and

(c) in accordance with any directions of DIA, notified by DIA in writing from time to time.

2.4 The Recipient must use reasonable endeavours to ensure that the Expenditure Programme Milestones are completed by the relevant “Completion Date” specified in the Delivery Plan.

2.5 The Recipient is responsible for the acts and omissions of any contractors and subcontractors.

2.6 The Recipient must ensure (and will procure that the head contractor when engaging with any other contractor ensures) that all agreements it enters into with any contractors or any other party in connection with the Expenditure Programme(s) are on an “arm’s length” basis, provide value-for-money and do not give rise to any Conflict of Interest. The Recipient must provide DIA with reasonable evidence of compliance with this clause 2.6 in response to any request by DIA from time to time.

Information Undertakings

2.7 The Recipient must provide DIA with the reports specified in the Key Details, in accordance with the timeframes and reporting requirements set out in the Key Details.

2.8 The Recipient must provide DIA with any other information about the Expenditure Programme(s) requested by DIA within the timeframe set out in the request.

2.9 The Recipient must promptly notify DIA if:


(a) the Recipient (or any of its personnel or contractors) becomes aware of, or subject to, a Conflict of Interest; or

(b) the Recipient becomes aware of any matter that could reasonably be expected to have an adverse effect on an Expenditure Programme and any related programme, or result in a Termination Event or a breach of any term of this Agreement by the Recipient,

and if requested by DIA must promptly provide DIA with its plan to mitigate and manage such Conflict of Interest or such matter.

2.10 The Recipient must not at any time do anything that could reasonably be expected to have an adverse effect on the reputation, good standing or goodwill of DIA or the New Zealand Government. The Recipient must keep DIA informed of any matter known to the Recipient which could reasonably be expected to have such an effect.

2.11 The parties acknowledge and agree that CIP (or any other Monitor) may, to the extent directed by DIA, undertake a reviewing and monitoring role under this Agreement, including by:

(a) reviewing and confirming satisfaction with the Delivery Plan and with the reports specified in the Key Details;

(b) seeking, reviewing and confirming satisfaction with further information from the Recipient; and

(c) making recommendations to DIA and the New Zealand Government in respect of the Funding and the Agreement.

The Recipient agrees that all its communications and correspondence under this Agreement may be made with DIA or, to the extent directed by DIA, the Monitor.

Funding, records and auditors

2.12 The Recipient must receive and manage all Funding in accordance with good financial management and accounting practices and to a high standard that demonstrates appropriate use of public funds.

2.13 The Recipient must keep full and accurate records (including accounting records) of the Expenditure Programme(s) and retain them for at least 7 years after the last payment of Funding under this Agreement. The Recipient must permit DIA (or any auditor nominated by DIA) to inspect all records relating to the Expenditure Programme(s) and must allow DIA and/or the auditor access to the Recipient's premises, systems and personnel for the purposes of this inspection. DIA shall bear any third party costs arising from such inspection, unless the inspection reveals a breach of this Agreement, in which case the Recipient shall bear such costs.

Reform

2.14 The Recipient agrees to work constructively together with DIA and the New Zealand Government to support the objectives of the Three Waters Reform Programme pursuant to the Memorandum of Understanding. The parties acknowledge that the undertaking set out in this clause 2.14 is intended to be non-binding.


3 INTELLECTUAL PROPERTY

3.1 DIA acknowledges that the Recipient and its licensors own all pre-existing intellectual property which they contribute to the Expenditure Programme(s), and all new intellectual property which they create in the course of the Expenditure Programme(s).

3.2 The Recipient grants an irrevocable, perpetual, royalty-free, sub-licensable licence to DIA and the Monitor to use all reports, documents, information and other materials created or provided by the Recipient to DIA or the Monitor under or in connection with the Expenditure Programme(s) and this Agreement.

3.3 The Recipient warrants that it has obtained (or will obtain, prior to creation of each relevant work) all rights and permissions necessary to enable the grant and exercise of the licence in clause 3.2 without infringing the intellectual property rights of any third party.

4 TERM AND TERMINATION

4.1 This Agreement will be effective on and from the Commencement Date, which will be the latest to occur of:

(a) the date this Agreement has been signed by both parties; and

(b) the date on which DIA has provided written notice to the Recipient that the Conditions Precedent specified in the Key Details have either been satisfied (in the opinion of DIA) or waived by DIA (at its sole discretion).

4.2 This Agreement will remain in force until the End Date, unless terminated in accordance with this Agreement.

4.3 DIA can terminate this Agreement with immediate effect, by giving notice to the Recipient, at any time:

(a) while DIA reasonably considers that the Recipient has become or is likely to become insolvent;

(b) while the Recipient is subject to the appointment of a liquidator, receiver, manager or similar person in respect of any of its assets or a Crown Manager or Commission is appointed in respect of the Recipient under Part 10 of the Local Government Act 2002;

(c) if the Expenditure Programme(s) have not commenced by 31 March 2021; or

(d) while any one or more of the follow events or circumstances remains unremedied:

(i) the Recipient is materially in breach of any obligation, or a condition or warranty, under this Agreement;

(ii) the Recipient has provided DIA with information in connection with or under this Agreement that (whether intentionally or not) is materially incorrect or misleading, and/or omits material information;

(iii) DIA reasonably considers that this Agreement or an Expenditure Programme has caused, or may cause, DIA and/or the New Zealand Government to breach any legal obligations (including its international trade obligations);

(iv) the Recipient abandons an Expenditure Programme;


(v) the Recipient is involved in any intentional or reckless conduct which, in the opinion of DIA, has damaged or could damage the reputation, good standing or goodwill of DIA or the New Zealand Goverment, or is involved in any material misrepresentation or any fraud;

(vi) the Recipient (or any of its personnel or contractors) is subject to a Conflict of Interest which cannot be managed to DIA's satisfaction; or

(vii) any change in law, regulations or other circumstances materially affects DIA's ability to perform its obligations under this Agreement.

4.4 However, where DIA considers that a Termination Event set out in clause 4.3(d) can be remedied, DIA must give notice to the Recipient requesting a remedy, and must not exercise its right of termination unless the relevant event remains unremedied for at least 14 days (or any longer period agreed with the Recipient) after that notice has been provided by DIA.

4.5 On expiry or termination of this Agreement, where the aggregate of (a) the total Funding paid under this Agreement and (b) any other money received or allocated by the Recipient, in each case to carry out an Expenditure Programme, exceeds the amount required to perform the Expenditure Programme, the Recipient must upon request refund to DIA the excess amount.

4.6 At any time DIA may recover the amount of any Funding that has been spent or used other than in accordance with this Agreement, or not applied to Eligible Costs by the End Date, together with interest on all such amounts calculated at 10% per annum from the date of the misspending to the date the money is repaid.

4.7 Clauses 1.5, 2.1, 2.12, 2.13, 3, 4, 5, 6, 7, 8, 9, 10 and 11 survive expiry or termination of this Agreement, along with any other parts of this Agreement necessary to give effect to those provisions. Expiry or termination of this Agreement does not affect any accrued rights, including any rights in respect of a breach of this Agreement or Termination Event that occurred before expiry or termination.

5 WARRANTIES AND UNDERTAKINGS

5.1 The Recipient warrants that, in the course of its activities in connection with the Expenditure Programme(s), it will not infringe any intellectual property or other rights of any contractor or any other third party.

5.2 The Recipient warrants that, as at the date of this Agreement:

(a) It has full power and authority to enter into and perform its obligations under this Agreement which, when executed, will constitute binding obligations on it in accordance with this Agreement's terms, and it has complied with the Local Government Act 2002 in entering into this Agreement;

(b) the Recipient is solvent and is not subject to the appointment of a liquidator, receiver, manager or similar person in respect of any of its assets or to the appointment of a Crown Manager or Commission under Part 10 of the Local Government Act 2002;

(c) all information and representations disclosed or made to DIA by the Recipient in connection with this Agreement are true and correct, do not omit any material matter, and are not likely to mislead or deceive DIA as to any material matter;


(d) it has disclosed to DIA all matters known to the Recipient (relating to the Expenditure Programme(s), the Recipient or its personnel) that could reasonably be expected to have an adverse effect on the reputation, good standing or goodwill of DIA or the New Zealand Government; and

(e) it is not aware of any material information that has not been disclosed to DIA which may, if disclosed, materially adversely affect the decision of DIA whether to provide the Funding.

5.3 The Recipient warrants that:

(a) the Funding has been or will be applied solely to Eligible Costs; and

(b) the Expenditure Programme(s) will take into account the parties’ shared intention to:

(i) support economic recovery through job creation; and

(ii) maintain, increase and/or accelerate investment in core water infrastructure renewals and maintenance,

and such warranty will be deemed to be repeated continuously so long as this Agreement remains in effect by reference to the facts and circumstances then existing.

5.4 DIA warrants that, as at the date of this Agreement, it has full power and authority to enter into and perform its obligations under this Agreement which, when executed, will constitute binding obligations on it in accordance with this Agreement's terms.

5.5 The Recipient acknowledges that DIA has entered into this Agreement in reliance on these warranties and undertakings.

5.6 The Recipient acknowledges and agrees that DIA has made no warranty or representation that any funding or financial support is or will be available to the Recipient in respect of the Expenditure Programme(s), other than the Funding.

6 LIABILITY

6.1 The maximum liability of DIA under or in connection with this Agreement, whether arising in contract, tort (including negligence) or otherwise, is limited to the total amount of Funding paid or payable under this Agreement.

6.2 The Recipient undertakes to pay any and all cost overruns of the Expenditure Programme(s) and any funding shortfall, and DIA and the New Zealand Government have no obligations or responsibility whatsoever in respect of such cost overruns and funding shortfall and accept no financial risk in the Expenditure Programme(s).

6.3 DIA is not liable for any claim under or in connection with this Agreement or the Expenditure Programme(s), whether arising in contract, tort (including negligence) or otherwise, where such claim is or relates to any loss of profit, loss of revenue, loss of use, loss of reputation, loss of goodwill, loss of opportunity (in each case whether direct, indirect or consequential) or any other indirect, consequential or incidental loss or damages of any kind whatsoever.


7 CONFIDENTIALITY

7.1 Subject to clause 7.2 and 7.3, each party must keep the other party’s Confidential Information in confidence, and must use or disclose that Confidential Information only to the extent necessary to perform its obligations, and/or take the intended benefit of its rights, under this Agreement. However, this will not prohibit:

(a) either party from using or disclosing any information with the written prior consent of the other party;

(b) use or disclosure of information that has become generally known to the public other than through a breach of this Agreement;

(c) either party from disclosing information to its personnel, contractors or advisors with a need to know, so long as the relevant personnel, contractors and advisors use the information solely to enable that party to perform its obligations and/or take the intended benefit of its rights under this Agreement, and so long as they are informed of the confidential nature of the information and, in the case of the Recipient, the Recipient receives an acknowledgement from its personnel, contractors or advisors that they acknowledge, and must comply with, the confidentiality obligations in this Agreement as if they were party to it;

(d) disclosure required by any law, or any compulsory order or requirement issued pursuant to any law; or

(e) DIA from using or disclosing to any party any documents, reports or information received in relation to this Agreement, provided that prior to any such disclosure DIA removes all information that is commercially sensitive to the Recipient from the relevant work.

7.2 The Recipient acknowledges and agrees that nothing in this Agreement restricts DIA’s ability to:

(a) discuss, and provide all information in respect of, any matters concerning the Recipient, the Expenditure Programme(s) or this Agreement with any Minister of the Crown, the Monitor, any other government agency or any of their respective advisors;

(b) meet its obligations under any constitutional or parliamentary convention (or other obligation at law) of or in relation to the New Zealand Parliament, the New Zealand House of Representatives or any of its Committees, any Minister of the Crown, or the New Zealand Auditor-General, including any obligations under the Cabinet Manual including the "no surprises" principle; and

(c) publicise and report on the awarding of the Funding, including the Recipient's and any of its contractor's names, the amount and duration of the Funding and a brief description of the Expenditure Programme(s), on websites; in media releases; general announcements and annual reports.

7.3 The Recipient acknowledges that:

(a) the contents of this Agreement (including the Delivery Plan); and

(b) information provided to DIA and the Monitor (including the reports specified in the Key Details),


may be official information in terms of the Official Information Act 1982 and, in line with the purpose and principles of the Official Information Act 1982, this Agreement and such information may be released to the public unless there is good reason under the Official Information Act 1982 to withhold it.

7.4 DIA acknowledges that the Recipient is subject to the Local Government Official Information and Meetings Act 1987 and that its confidentiality obligations under this clause 7 are subject to its compliance with that Act.

8 MEDIA AND COMMUNICATIONS

8.1 Before making any media statements or press releases (including social media posts) regarding this Agreement and/or DIA’s involvement with the Expenditure Programme(s), the Recipient will consult with DIA, and will obtain DIA’s prior approval to any such statements or releases.

8.2 The Recipient will refer any enquiries from the media or any other person about the terms or performance of this Agreement to DIA’s Representative.

8.3 The Recipient will acknowledge the New Zealand Government as a source of funding in all publications (including any digital presence) and publicity regarding the Expenditure Programme(s) in accordance with funding acknowledgement guidelines agreed with DIA. The Recipient must obtain DIA’s approval of the form and wording of the acknowledgement prior to including the acknowledgement in the publication or publicity (as the case may be).

8.4 The Recipient does not have the right to enter into any commitment, contract or agreement on behalf of DIA or any associated body, or to make any public statement or comment on behalf of DIA or the New Zealand Government.

8.5 All correspondence with DIA under this clause 8 must be directed to DIA’s Representative and copied to [email protected] and the Monitor.

9 DISPUTES

9.1 In the event of any dispute, controversy or claim arising out of or in connection with this Agreement, or in relation to any question regarding its existence, breach, termination or invalidity (in each case, a Dispute), either party may give written notice to the other specifying the nature of the Dispute and requesting discussions under this clause 9 (Dispute Notice). As soon as reasonably practicable following receipt of a Dispute Notice, the parties must meet (in person, or by audio or video conference) and endeavour to resolve the Dispute by discussion, negotiation and agreement.

9.2 If the matter cannot be amicably settled within 20 Business Days after the date of the Dispute Notice then, at the request in writing of either party, the matter in respect of which the Dispute has arisen must be submitted, together with a report describing the nature of such matter, to the Representatives (or, if no such Representatives have been appointed, the respective Chief Executives of the parties) (together the Dispute Representatives).

9.3 Within 20 Business Days after the receipt of a request under clause 9.2, one individual (who does not act in his or her professional capacity as legal counsel for either party) selected by each of the Dispute Representatives, must make a presentation of no longer than 30 minutes to each of the Dispute Representatives (which may be by telephone or remotely), who will then attempt in good faith to reach a common decision within a half-day. The decision of the Dispute Representatives is binding on the parties.



9.4 In the case of a Dispute, if the Dispute Representatives have not met within 20 Business Days of receiving a request in accordance with clause 9.2, or if they fail to reach a common decision within the stated time period, either party may by notice in writing to the other party refer the Dispute to be referred to mediation before a single mediator appointed by the parties. Each party will bear its own costs of mediation and the costs of the mediator will be divided evenly between the parties.

9.5 If the parties are unable to agree on the appointment of a mediator within 5 Business Days of the notice requiring the Dispute to be referred to mediation, a mediator may be appointed at the request of any party by the Arbitrators’ and Mediators’ Institute of New Zealand Inc.

9.6 If the Dispute is not resolved within 20 Business Days of referral to mediation, the parties may commence court proceedings without further participation in any mediation.

9.7 Nothing in this clause 9 will prevent either party from seeking urgent interim relief from a court (or other tribunal) of competent jurisdiction.

10 REPRESENTATIVES

10.1 All matters or enquiries regarding this Agreement must be directed to each party's Representative (set out in the Key Details).

10.2 Each party may from time to time change the person designated as its Representative on 10 Business Days' written notice to the other Party. Any such change will also take effect as a change of the relevant Representative for the purposes of the Memorandum of Understanding.

11 GENERAL

11.1 Each notice or other communication given under this Agreement (each a notice) must be in writing and delivered personally or sent by post or email to the address of the relevant party set out in the Key Details or to any other address from time to time designated for that purpose by at least 10 Business Days’ prior written notice to the other party. A notice under this Agreement is deemed to be received if:

(a) Delivery: delivered personally, when delivered;

(b) Post: posted, 5 Business Days after posting or, in the case of international post, 7 Business Days after posting; and

(c) Email: sent by email:

(i) If sent between the hours of 9am and 5pm (local time) on a Business Day, at the time of transmission; or

(ii) If subclause (i) does not apply, at 9am (local time) on the Business Day most immediately after the time of sending,

provided that an email is not deemed received unless (if receipt is disputed) the party giving notice produces a printed copy of the email which evidences that the email was sent to the email address of the party given notice.

11.2 The Recipient agrees to execute and deliver any documents and to do all things as may be required by DIA to obtain the full benefit of this Agreement according to its true intent.


11.3 No legal partnership, employer-employee, principal-agent or joint venture relationship is created or evidenced by this Agreement.

11.4 This Agreement constitutes the sole and entire understanding with respect to the subject matter hereof and supersedes all prior discussions, representations and understandings, written or oral.

11.5 No amendment to this Agreement will be effective unless agreed in writing and signed by both parties.

11.6 The Recipient may not assign or transfer any of its contractual rights or obligations under this Agreement, except with DIA's prior written approval.

11.7 DIA may assign or transfer any of its contractual rights or obligations under this Agreement without the Recipient's prior approval. DIA may at any time disclose to a proposed assignee or transferee any information which relates to, or was provided in connection with, the Recipient, the Expenditure Programme(s) or this Agreement.

11.8 No failure, delay or indulgence by any party in exercising any power or right conferred on that party by this Agreement shall operate as a waiver. A single exercise of any of those powers or rights does not preclude further exercises of those powers or rights or the exercise of any other powers or rights.

11.9 The exercise by a party of any express right set out in this Agreement is without prejudice to any other rights, powers or remedies available to a party in contract, at law or in equity, including any rights, powers or remedies which would be available if the express rights were not set out in this Agreement.

11.10 This Agreement is not intended to confer any benefit on or create any obligation enforceable at the suit of any person not a party to this Agreement.

11.11 Any provision of this Agreement that is invalid or unenforceable will be deemed deleted, and will not affect the other provisions of this Agreement, all of which remain in force to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.

11.12 This Agreement is to be governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

11.13 This Agreement may be executed in any number of counterparts (including duly electronically signed, scanned and emailed copies). So long as each party has received a counterpart signed by each of the other parties, the counterparts together shall constitute a binding and enforceable agreement. This Agreement is intended to constitute a binding and enforceable agreement in accordance with its terms.

END OF PART 2


PART 3: DEFINITIONS AND CONSTRUCTION

Defined terms In this Agreement, unless the context requires otherwise, terms defined in the Agreement have the meaning set out therein and:

Authorisation means:

(a) any consent, authorisation, registration, filing, lodgement, agreement, notarisation, certificate, permission, licence, approval, authority or exemption from, by or with a governmental agency or required by any law (including any consent under the Resource Management Act 1991); or

(b) in relation to anything which will be fully or partly prohibited or restricted by law if a governmental agency intervenes or acts in any way within a specified period after lodgement, filing, registration or notification, the expiry of that period without intervention or action.

Best Industry Practice means that degree of skill, care and foresight and operating practice that would reasonably and ordinarily be expected of a skilled and competent supplier of services engaged in the same type of undertaking as that of the Recipient or any contractors (as applicable) under the same or similar circumstances as those contemplated by this Agreement.

Business Day means any day other than a Saturday, Sunday or public holiday within the meaning of section 44 of the Holidays Act 2003.

Commencement Date has the meaning given in clause 4.1 of Part 2.

Completion Date is the date that the relevant Expenditure Programme Milestone is to be completed by the Recipient, described in the Delivery Plan, and includes any amendment to the date which may be agreed in writing (including by email but only when DIA’s Representative expressly confirms in writing

that they have received approval of the change from the correct DIA delegation holder) between the parties from time to time.

Conditions means the conditions to the payment of a Funding instalment as specified in Item 7 of the Key Details.

Confidential Information of a party (Owner), means any information in the possession or control of another party (Holder) that:

(a) was originally acquired by the Holder in connection with this Agreement through disclosures made by or at the request of the Owner; and/or

(b) was originally acquired by the Holder in connection with this Agreement through any access to, or viewing, inspection or evaluation of, the premises, facilities, documents, systems or other assets owned or controlled by the Owner; and/or

(c) is derived from information of a kind described in paragraph (a) or (b) above;

but excludes any information which the Holder can show:

(d) was lawfully acquired by the Holder, entirely independently of its activities in connection with this Agreement, and is free of any other obligation of confidence owed to the Owner; and/or

(e) has been independently developed by the Holder without reference to the Owner’s Confidential Information, and without breaching any other obligation of confidence owed to the Owner.

Notwithstanding the foregoing, the terms of this Agreement (excluding the Delivery Plan) are not Confidential Information.

Conflict of Interest means any matter, circumstance, interest or activity of the Recipient, its personnel or contractors, or any other person with whom the Recipient has a relationship that:


(a) conflicts with:

(i) the obligations of the Recipient (or its personnel or contractors) to DIA under this Agreement; or

(ii) the interests of the Recipient in relation to this Agreement and/or the procuring of the Expenditure Programme(s); or

(b) otherwise impairs or might appear to impair the ability of the Recipient (or any of its personnel or contractors) to diligently and independently carry out the Expenditure Programme(s) in accordance with this Agreement.

Delivery Plan means the delivery plan setting out the scope of the Expenditure Programme(s) to which Funding is to be applied, based on the template provided by and in the form approved by DIA and executed by DIA and the Recipient.

Eligible Costs means the actual costs that have been or will be reasonably incurred by the Recipient on or after the Commencement Date and no later than the End Date to deliver an Expenditure Programme in accordance with the Delivery Plan.

Expenditure Programme Milestone means, in respect of an Expenditure Programme, a milestone for that Expenditure Programme, as set out in the Delivery Plan.

Funding means the funding or any part of the funding (as the context requires) payable by DIA to the Recipient in accordance with the terms of this Agreement, as described in the Key Details.

GST Offset Agreement means a deed of assignment between DIA as Assignor and the Recipient as Assignee providing for the offset of the amount of GST in accordance with the Goods and Services Tax Act 1985.

Key Details means Part 1 of this Agreement.

Memorandum of Understanding means the memorandum of understanding relating to Three Waters Services Reform between DIA

and the Recipient, in the form provided by DIA.

Material Variation means, in respect of an Expenditure Programme, any variation which on its own or together with any other variation or variations results in, or is likely to result in the budgeted expenditure (taking into account all variations) being exceeded or an Expenditure Programme being materially delayed, or any variation that materially amends the scope, specifications or function of an Expenditure Programme.

Monitor means CIP, or any other entity appointed by DIA in its sole discretion to assist in managing the Funding by undertaking a monitoring role.

Payment Request means a request submitted to DIA by the Recipient seeking payment of Funding substantially in the form set out in the Schedule to this Agreement.

Quarter means a financial quarter, being a three monthly period ending on 30 June, 30 September, 31 December or 31 March.

Termination Event means any one or more of the events or circumstances set out in clause 4.3.

Construction In the construction of this Agreement, unless the context requires otherwise:

Currency: a reference to any monetary amount is to New Zealand currency;

Defined Terms: words or phrases appearing in this Agreement with capitalised initial letters are defined terms and have the meanings given to them in this Agreement;

Documents: a reference to any document, including this Agreement, includes a reference to that document as amended or replaced from time to time;

Inclusions: a reference to “includes” is a reference to “includes without limitation”, and “include”, “included” and “including” have corresponding meanings;


Joint and Several Liability: any provision of this Agreement to be performed or observed by two or more persons binds those persons jointly and severally;

Parties: a reference to a party to this Agreement or any other document includes that party's personal representatives/successors and permitted assigns;

Person: a reference to a person includes a corporation sole and also a body of persons, whether corporate or unincorporate;

Precedence : if there is any conflict between the different parts of this Agreement, then unless specifically stated otherwise, the Key Details will prevail over Part 2, and Part 2 will prevail over the Delivery Plan;

Precedence with Memorandum of Understanding: if there is any conflict

between this Agreement and the Memorandum of Understanding, then unless specifically stated otherwise, this Agreement will prevail;

Related Terms: where a word or expression is defined in this Agreement, other parts of speech and grammatical forms of that word or expression have corresponding meanings;

Statutes and Regulations: a reference to an enactment or any regulations is a reference to that enactment or those regulations as amended, or to any enactment or regulations substituted for that enactment or those regulations;

Writing: a reference to “written” or “in writing” includes email and any commonly used electronic document format such as .DOC or .PDF.

END OF PART 3


SCHEDULE: PAYMENT REQUEST

To: DEPARTMENT OF INTERNAL AFFAIRS Dated: [•]

PAYMENT REQUEST

1. We refer to the Funding Agreement dated [•] 2020 between [•] as recipient (Recipient) and the Department of Internal Affairs (DIA) (the Agreement). Terms defined in the Agreement have the same meaning in this Payment Request.

2. This is a Payment Request for the purpose of clauses 1.2 and 1.3 of the Agreement.

3. Each of the Expenditure Programme Milestones that have been completed are:

[insert description of each of Expenditure Programme Milestones completed, including the date of completion]

4. The amount of Funding requested is $[•] plus GST if any.

5. The Funding requested in this Payment Request has been or will be required to meet the Eligible Costs.

6. We enclose with this Payment Request:

(a) a breakdown / total transaction listing of total Eligible Costs that have been or will be incurred to deliver the completed Expenditure Programme Milestone(s);

(b) the conditions to the applicable Expenditure Programme Milestone(s) as set out in the Funding Agreement and the Delivery Plan;

(c) a quarterly report; and *Note: (c) is not applicable for the first Payment Request, or where DIA has agreed under item 7 of the Key Terms that a Payment Request does not need to be provided alongside a quarterly report

(d) any other reasonable information or evidence requested by DIA or the Monitor in relation to Eligible Costs that have been incurred or will be incurred.

7. We confirm that:

(a) no Termination Event is subsisting; and

(b) each of the warranties set out in the Agreement are correct as at the date of this Payment Request.

By and on behalf of the Recipient by

NAME OF RECIPIENT

_______________________ Chief Executive

_______________________ Authorised Officer


Barristers & Solicitors

1

Our advice

Prepared for SOLGM

Prepared by Jonathan Salter and Lizzy Wiessing

Date 31 July 2020

PRIVILEGED AND CONFIDENTIAL

Three waters services reform MOU - no explicit triggers for consultation before territorial authorities sign

Background 1. You have asked us to prepare advice to be circulated to territorial authorities with the draft memorandum of understanding for three water services reform (MOU).

2. Our advice proceeds on the presumption that councils will enter into

the MOU after their annual plan for 2020/21 has been adopted.

Question 3. Do territorial authorities need to consult their community before entering into the MOU?

Answer 4. Generally, no. There are no explicit triggers for consultation before entering into the MOU. The decision to enter into it is of course subject to the general requirements relating to decision-making in Part 6 of the Local Government Act 2002 (LGA 02). If councils consider they do not have a reasonable understanding of community views in relation to the commitments arising from the MOU then they could choose to consult their communities about the decision. We expect this will be the exception not the norm.

5. Certain choices made subsequently as to what projects to advance or steps to take might trigger consultation requirements at that time.


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Our reasons

Page

Summary The obligations assumed on upon entry into the MOU do not trigger any explicit requirements to consult in the LGA 02.

The decision is subject to the general requirements relating to decision-making in Part 6 of the LGA 02, meaning local authorities may choose to consult.

Subsequent decisions relating to either the reform or projects/funding aspects may trigger consultation requirements at that time.

2

3

3-4

The obligations assumed upon entry into the MOU have no explicit consultation triggers

6. The key commitment in the MOU is to working constructively together to support the objectives of the the three waters service delivery reform programme (page 3). The MOU contains objectives that will underpin the reform programme and inform the development of reform options/proposals and core reform design features (pages 3 and 4). We refer to this as the reform commitment.

7. It is fundamental to the reform commitment that there is

acknowledgement by both parties to the MOU that there are challenges facing the delivery of water services and infrastructure and the communities that fund and rely on those services, that are in need of solutions. These challenges are set out in summary form in the Background section. This section also makes it clear that the reform process and stimulus funding proposed by government is designed to support economic recovery post COVID-19 and address persistent systemic issues facing the three waters sector through a combination of:

Stimulation investment, to assist economic recovery through job

creation and maintain investment in water infrastructure renewals and maintenance; and

Reforming current water service delivery, into larger scale providers, to realise significant economic, public health, environmental, and other benefits over the medium to long term.

8. The Background refers to a shared understanding that a partnership

approach will best support the wider community and ensure that the transition to any eventual new arrangements is well managed and as smooth as possible. This partnership approach is set out more fully in the section “Principles for Working Together” as a relationship based on mutual trust and respect, openness, non-adversarial dealings and constructive problem-solving, co-operation and information sharing. As principles to underpin dealings between local authorities and the Crown, these are uncontroversial.


Appendix C

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9. The reform objectives which “inform the development of reform options/proposals” are similarly self-evident with the possible exception of the objective of:

“Improving the co-ordination of resources, planning, and unlocking strategic opportunities to consider New Zealand’s infrastructure and environmental needs at a larger scale.”

10. This is offset to some extent by the objective of “undertaking the reform in a manner that enables local government to further enhance the way in which it can deliver on its broader “wellbeing mandates” as set out in the Local Government Act 2002.”

11. The parties to the MOU agree to consider minimum design features which include water service delivery entities of significant scale (most likely multi-regional) to enable benefits from aggregation to be achieved over the medium to long-term, structured as statutory entities.

12. Funding from central government to councils is available in three

tranches. Tranche one funding will be provided following entry into the MOU and agreement to an associated funding agreement and delivery plan. The delivery plan will need to show that the funding is to be applied to opex or capex that supports economic recovery through job creation and maintains, increases or accelerates investment in core water infrastructure renewals and maintenance (page 5). The funding cannot be applied to projects already in a council’s annual plan. We refer to this as the projects commitment.

13. The MOU is effective from the date of signing until 30 June 2021, unless terminated earlier or extended.

14. Neither the reform commitment nor projects commitments bind

councils to specific three waters projects. Rather, councils are committing to participate in a reform process looking at changes to three waters delivery and identify possible projects that are eligible for funding. The obligations are exploratory/investigative in nature.

15. The MOU cannot, and does not, supplant the planning, accountability

and associated consultation obligations of local authorities in the LGA 02. These continue to apply when there is a relevant trigger.

16. Decisions on three waters projects are the likely outcome of the reform process and funding provided, after participation in the process, after entry into the MOU. The consultation can be undertaken at that time.

The decision to enter the MOU is subject to the Part 6 LGA 02 decision-making obligations –

17. Whether or not to enter into the MOU will be at councils’ discretion. As a decision, the decision will be subject to the general decision-making obligations in Part 6 of the LGA 02.

18. The Part 6 LGA 02 obligations include the section 78 obligation to consider the views and preferences of interested and affected


4

33823107_2.docx

these do not strongly indicate that consultation is required

persons when making this decision, and determine whether consultation is needed or appropriate in order to identify those views and preferences.

19. This determination as to extent of compliance with section 78 will be a judgement for each council to make under section 79, and will depend in part on the particular council’s significance and engagement policy (SEP), and its 2020/21 annual plan and current LTP.

20. The availability of Crown funding for core water infrastructure (at an amount disclosed before the MOU is entered into) is a unique opportunity to relieve local funding pressures that councils might reasonably expect their communities to support. The associated commitment to cooperate in a consideration of structural water reform is a subject on which councils may have limited understanding of community views. However, the exploratory/investigative nature of the reform commitment and the express provision in the MOU that it does not give rise to legally enforceable obligations, suggest the ready application of section 79(2) as a justification for not undertaking specific community engagement at this time.

21. Councils should check out of an abundance of caution that their SEP

does not indicate a need to consult before entering the MOU. We expect it to be very unlikely that many policies will indicate consultation is required, including because of the nature of the obligations assumed upon entry into the MOU and that the decision is not irrevocable. Also potentially relevant is that the timeframes imposed by central government do not permit sufficient time to consult.

22. If councils enter into the MOU, they may want to consult subsequently

on whether to continue their support of reform. LTP consultation in 2021 would be the obvious opportunity, and would provide timely information about whether to participate in tranche two.

Consultation triggers for decisions on three waters reform (post entry into the MOU)

23. Some specific LGA 02 consultation triggers that may be relevant to decisions on three waters reform (after participation in the reform process in the MOU) are:

23.1 Section 56 – councils must consult before becoming a

shareholder in a council controlled organisation (CCO). If the reformed service delivery approach leads to councils being shareholders in new multi-regional providers (which seem likely to be CCOs), then section 56 may be triggered.

23.2 Section 97(1)(b) – if the reformed delivery approach amounts

to a “decision to transfer the ownership or control of a strategic asset to or from the local authority”, then it would be necessary to amend the council’s LTP to explicitly provide for this decision, which requires consultation under section 93E. Water network assets are almost always listed as a strategic asset in SEPs.


5

33823107_2.docx

23.3 Section 137(3)(a) – councils must consult before entering into a “joint arrangement”, which is an arrangement between a council and another party “for the purpose of providing water services or any aspect of a water service”. This trigger may be remote, particularly if central government in providing funding is not also seeking to provide any aspect of a water service.1

Consultation triggers for decisions on three waters projects (post entry into the MOU)

24. One specific consultation trigger that needs to be considered is section 97(1)(a) of the LGA 02. If the projects being funded would significantly alter levels of service for three waters activities, then it would be necessary to amend the council’s LTP to explicitly provide for this decision, which requires consultation under section 93E.

25. It will depend on particular councils’ LTPs, but this trigger can likely be avoided by councils selecting appropriate projects. (This was generally achieved by councils as they responded to the impacts of COVID-19 during the annual plan process for 2020/21).

26. Leaving aside section 97(1)(a), section 78 will still be relevant. It

should be reasonably safe for councils to not consult to address section 78 where projects are brought forward from future work programmes and the combined effect of these projects is not a significant or material variation from the 2020/21 annual plan or LTP.

27. As to whether the combined effect of projects brought forward is a

significant or material variation from the 2020/21 annual plan or LTP will depend on the degree to which the projects are already provided for in the annual plan or LTP and what, if any, financial impact there may be on the particular council. If projects are already provided for in the infrastructure strategy (in the LTP) and they can be entirely funded from central government (meaning no negative financial impact on the council), it seems very unlikely that there will be a significant or material variation from the annual plan or LTP of any consequence to the community. On this basis, consultation is unlikely to be indicated.

28. Strictly, the provision of central government funding could create a

material change to revenue commitments (even if it is downward rather than upward) that reflect in a change to financial statements included in an annual plan, that, given the degree of change, could be expected to be consulted on before being adopted. Councils encountered similar issues in preparing their annual plans to respond to COVID-19 where different funding sources (for example borrowing or reserve funds) have had to be employed from what was anticipated. These decisions tended to be made without further consultation if the council assessed that it did not affect levels of service with reference to section 97 or was within the scope of rate change consulted on. In the current circumstances, we consider that the fact that the change is not detrimental lessens the risk of not consulting and (having occurred after the annual plan has been

1 Section 17A requires periodic reviews of service delivery, but this section in itself does not contain a trigger for consultation.


6

33823107_2.docx

adopted) makes it something that is duly reported on in the annual report and treated as an operating surplus.

29. We note that councils are not absolutely bound by their plans or

policies (under sections 96 and 80), but this does not remove the need to assess whether consultation is appropriate when departing from them. Consistency with plans and policies is often a criterion for significance in SEPs. Where consultation does not occur, relevant statutory compliance will likely include disclosure in the annual report, and perhaps resolving in accordance with section 80 (where the departure from the annual plan is significant).

Please call or email to discuss any aspect of this advice

Jonathan Salter Partner +64 4 924 3419 +64 21 480 955 [email protected]

Lizzy Wiessing Senior Associate +64 4 924 3414 +64 21 918 309 [email protected]


Notional Funding Allocations

Page 1 of 2


Appendix D

Notional Funding Allocations

Page 2 of 2


COMMERCIAL IN-CONFIDENCE Page 1 of 4

THREE WATERS STIMULUS GRANT DELIVERY PLAN

Instructions for completion: A single Delivery Plan is to be completed for the full Expenditure

Programme. Territorial Authorities may elect to provide appendices providing further detail of

specific elements of the proposed expenditure programme.

The draft Delivery Plan must be submitted by the Territorial Authority as soon as possible and in any

event by no later than 30 September 2020 to [email protected], with a copy to

[email protected]. The Delivery Plan will be assessed by the Department of

Internal Affairs and Crown Infrastructure Partners Limited, who may elect to provide feedback and

require further detail, additions or alterations. A revised version of the Delivery Plan, incorporating

all agreed changes, must be submitted for approval thereafter, with the final Delivery Plan to be in an

approved form by 31 October 2020.

Where the Department of Internal Affairs requires additional reporting or other assurance based on

a specific Delivery Plan, this will be included in section 17 below following the Department of Internal

Affairs/Crown Infrastructure Partners Limited review. Section 17 will form part of the Delivery Plan.

All figures in this Delivery Plan should be GST exclusive.

Capitalised terms in this Delivery Plan have the meaning given to them in the Funding Agreement,

where applicable.

Territorial Authority information

1. Programme

Title:

2. Territorial

Authority:

3. Total Maximum Amount Payable (NZ$M):

4. Organisation Lead Contact:

Name:

Position:

Email:

Expenditure Programme overview

5. Please provide a brief description of the expenditure programme to be undertaken:

$


Appendix E




6. Location/address of the programme: (if this is a series of investments, please identify each location

where relevant)

7. What is the total estimated cost of the

programme (NZ$M)?

8. If the total estimated cost exceeds the Total Maximum Amount Payable, please specify the

funding source(s) and amount(s):

Funding Source Amount (NZ$M)

$

$

Total $

9. Please provide a high-level breakdown of the expenditure programme including a cost schedule

identifying estimated costs for each major component:

10. What is the expected number of people employed, and net jobs created through the expenditure

programme? How has this been estimated?

Expenditure Programme commencement

11. Please describe the initial activity to be undertaken on expenditure programme commencement:

Expenditure Programme completion

12. Please outline below the high-level plan that will ensure the expenditure programme is

completed by 31 March 2022 (these should largely mirror the milestones below):

Expenditure Programme funding status

13. Please indicate below the expenditure programme funding status:

Included in LTP Y/N Amounts NZ$ Year

Included in Annual Plan 2020/21 Y/N Amounts NZ$ N/A

Not funded in any plan Y/N Amounts NZ$ Year

Was funded but COVID-19 deferred Y/N Amounts NZ$ Year

Is any Territorial Authority co-funding being contributed?

Y/N Amounts NZ$ Year

$



14. Please set out the key milestones of the expenditure programme to be undertaken, and for each

milestone the planned completion date and budget:1

Expenditure

Programme

Milestone (including

a description of how

the milestone is

identified)

Completion

Date

Maximum

Funding

instalment

amount (NZ$)2

Budgeted costs

to complete the

expenditure

programme

(NZ$)

[DIA USE

ONLY]

Funding

Conditions

1. Commencement Date

occurring under the

Funding Agreement

31 October 2020

(or such date

agreed

otherwise in

writing with DIA

under the

Funding

Agreement)

NZ$[INSERT

HERE] [Note:

this is to be 50%

of the Total

Maximum

Amount

Payable]

Nil

2. [Commencement of

expenditure

programme]

[date] [To be no

later than 31

March 2021]

NZ$[INSERT

HERE]

NZ$[INSERT

HERE]

3. [milestone] [date] NZ$[INSERT

HERE]

NZ$[INSERT

HERE]


HERE]

NZ$[INSERT

HERE]


HERE]

NZ$[INSERT

HERE]


HERE]

NZ$[INSERT

HERE]

7. [Completion of

expenditure

programme]

[date] [To be no

later than 31

March 2022]

NZ$[INSERT

HERE])3

NZ$[INSERT

HERE]

TOTAL [Must be less or

equal to Total

Maximum

Amount

Payable]

[Must be equal

to the total

estimated cost

of the

expenditure

programme]

1 All figures should be GST exclusive.

2 You may choose to determine each maximum Funding instalment amount for a milestone on the basis of seeking funds either for application towards costs incurred for that milestone, or for application towards costs to be incurred for the following milestone.

3 The final Payment Request needs to be submitted with the quarterly report for the period ending 31 December 2021.



15. Briefly outline the final expected outcomes/objectives of the expenditure programme:

16. Briefly outline an assessment of how the expenditure programme supports the reform

objectives set out in the Memorandum of Understanding relating to Three Waters Services Reform

between you and the Sovereign in Right of New Zealand acting by and through the Minister of Local

Government:

DIA USE ONLY

17. Additional requirements in respect of the Funding Agreement (such as specific reporting

requirements):

The parties acknowledge and agree that this is the agreed Delivery Plan.

SIGNATURES SIGNED by the SOVEREIGN IN RIGHT OF NEW ZEALAND acting by and through the Chief Executive of the Department of Internal Affairs or his or her authorised delegate:

_____________________________

Name:

Position:

Date:

SIGNED for and on behalf of

_____________________________

by the person(s) named below, being a person(s) duly authorised to enter into obligations on behalf of that territorial authority:

_____________________________

Name:

Position:

Date:

_____________________________

Name:

Position:

Date:


Three Waters Reform Programme

Guide to stimulus funding for local authorities

Council Agenda - 12-08-20 Page 62Appendix F

2Three Waters Reform Programme: Guide to stimulus funding for local authorities

About this guide

This is a guide only. It sets out the information needed for council officers and elected members to engage with the Funding Agreement and Delivery Plan template, and should be read alongside these documents and the Memorandum of Understanding. These are available on the Three Waters Reform webpage at: https://www.dia.govt.nz/Three-Waters-Reform-Programme

Detailed process guidance on submitting a completed Funding Agreement and Delivery Plan will be released shortly.

Key Dates:

• 31 August 2020 – Memorandum of Understanding signed and submitted to: [email protected]

• 30 September 2020

Funding Agreement signed and submitted to DIA: [email protected]

Delivery Plan compiled and submitted to DIA and CIP: [email protected] [email protected]


https://www.dia.govt.nz/Three-Waters-Reform-Programme






Reform objectives

Moving the supply of three waters services to a more financially sustainable footing, and addressing the affordability and capability challenges faced across the sector and particularly by some small suppliers and councils.

Significantly improving safety and quality of drinking water services, and the environmental performance of wastewater and stormwater systems.

Ensuring all New Zealanders have equitable access to affordable three waters services.

Increasing the resilience of three waters service provision to both short and long term risks and events, particularly climate change and natural hazards.

Improving the coordination of resources and unlocking strategic opportunities to consider New Zealand’s infrastructure needs at a larger scale.

Improving transparency about, and accountabilityfor, the delivery and costs of three waters services, including the ability to benchmark the performance of service suppliers.

Undertaking the reform in a manner that enables local government to further enhance the way in which it can deliver on its broader “wellbeing mandates” as set out in the Local Government Act 2002.

The following reform objectives have been agreed by Cabinet.



The Funding Agreement is a pro-forma agreement that sets out the purpose of the funding, requirements and conditions that local authorities will need to meet to access the funding.

Local authorities will choose the expenditure programme they wish to apply funding to, via the Delivery Plan.

The Funding Agreement includes detail on the following:

● Funding objectives.

● Overview of what the funding stimulus may be spent on.

● Conditions attached to the funding.

● Reporting and other requirements.

).

The Delivery Plan will be prepared by local authorities and submitted to DIA and CIP for review. Application of funds will need to be consistent with Delivery Plans.

The Delivery Plan will need to cover the following elements:

● A summary of the work to be undertaken.

● Confirmation of costs (excl GST).

● Proposed milestones and associated disbursement profile.

● Location of the physical works.

● Estimate of the number of people employed in works.

● Reporting milestones.

● An assessment of how it supports the reform objectives set out in the MoU.

MoU Funding Agreement Delivery Plan

The MoU is a non-binding agreement between the Crown and local authorities, which provides the basis for collaboratively working together to progress the broader reform process.

Under the MoU, councils agree to:

● Participate in a process to agree the principles, structures, process and timetable that support the reform programme.

● Working cooperatively together to promote a relationship based upon mutual trust, respect and openness.

● Sharing of information.

● The funding arrangements.

Stimulus funding released following signing of MoU and Funding Agreement, and Delivery Plan approval

Memorandum of Understanding, Funding Agreement and Delivery Plan



Key principles for funding stimulus

The investment package is designed to:● Support investment across the economy, helping to stimulate economic activity and jobs in all regions of

New Zealand.

● Support the objectives of the three waters services reform by encouraging as many councils as possible to participate in the reform programme.

The key principles that relate to the provision and application of the funding stimulus are provided below.

Release of allocations:● Following the confirmation of allocations, an initial disbursement of 50% of the total funding allocated to each

local authority will be released upon signing the MoU and Funding Agreement, and approval of the Delivery Plan (refer page 9).

● The remainder will be disbursed on a quarterly basis, subject to appropriate progress being made against the approved Delivery Plan.

Monitoring and reporting:● The Funding Agreement and Delivery Plan will outline the reporting requirements for local authorities. Reporting

is quarterly and a template will be provided.

● CIP will monitor local authorities’ progress against the Delivery Plan to provide assurance that Crown funding is being spent as intended and that projects are progressing within a reasonable timeframe.

Funding shortfalls:● Funding allocations will not be ‘topped up’ to meet any shortfalls experienced by councils.



What funding can be applied to:Funding stimulus may be applied to operating or capital expenditure on three waters service delivery, consistent with the requirements below:

* What does maintain mean?

Maintain refers to previously planned investment that may have otherwise been deferred as a result of COVID-19. It is seeking to allow investment in water related infrastructure at pre-COVID levels and cover investment, maintenance, renewals and other threewaters spend deferred due to COVID-19.

The intention is that funding supports economic stimulus, and therefore is additional to planned investment. As a general rule, activities funded in annual plans are not eligible. However, some expenditure that is included within already approved annual plans may be eligible for funding. For example, where a project was included in the annual plan on the basis of receiving shovel readyfunding, but has not done so.

Application of funding

Local authorities have flexibility to apply stimulus funding as they deem appropriate, provided it is consistent with the reform objectives and Funding Agreement and confirmed via the Delivery Plan.

Additional considerations of funding stimulus:● Priority is drinking water and wastewater investment, followed by stormwater.

● Expenditure will need to commence before 31 March 2021, and must be completed before 31 March 2022.

● Councils will retain flexibility in terms of how they will apply the expenditure if it meets the high-level parameters.

Support the reform objectives (refer page 2)

Support stimulus objectives

● Supporting economic recovery through job creation.

● Maintaining*, increasing and/or accelerating investment in core water infrastructure delivery, renewals and maintenance.

AND

Some examples of investment that would qualify are provided on page 7.



Application Meets reform objectives

Meets stimulus objective

Expenditure is not funded in the Annual

Plan*

Allowable expenditure?

Delivery of a new drinking water treatment plant (deferred or brought forward) ✔ ✔ ✔ ✔

Upgrades of wastewater reticulation network (deferred or brought forward) ✔ ✔ ✔ ✔

Undertake maintenance work for a wastewater treatment plant that was deferred due to COVID-19

✔ ✔ ✔ ✔

Training and development programme for staff ✔ ~ ✔ ✔

Resource Mātauranga Māori ✔ ~ ✔ ✔

Fund non-council owned water assets ✔ ✔ ✔ ✔

Development of centres of excellence ✔ ~ ✔ ✔

Community tanks for water storage ✔ ✔ ✔ ✔

Asset condition assessments ✔ ✔ ✔ ✔

Examples based on discussions at roadshow workshops

Some examples of what funding may be applied to is provided in the table below.Recent workshops have raised questions around the ability to apply stimulus funding to various forms of expenditure. The table below provides an indication of the applicability of these, noting this is by no means an exhaustive list.

* The intention is that funding supports economic stimulus, and therefore is additional to planned investment. As a general rule, activities funded in annual plans are not eligible. However, some expenditure that is included within already approved annual plans may be eligible for funding. For example, where a project was included in the annual plan on the basis of receiving shovel ready funding, but has not done so.



General approach to determining notional funding allocations

Notional funding allocations - Methodology

A notional funding allocation framework has been developed, which is based on a nationally consistent formula, subject to a few exceptions*.

The population in the relevant council area, as a proxy for the number of water connections serviced by a local authority. (75% weighting)

The land area covered by a local authority, excluding national parks, as a proxy for the higher costs per connection of providing water services in areas with low population density. (25% weighting)

Structure of funding allocation

A direct allocation to each local authority, comprising 50% of that local authority’s notional allocation

A regional allocation, comprising the sum of the remaining 50% of the notional allocations for each local authority in the relevant region

Regional allocationThe purpose of the regional allocation is to encourage collaboration in identifying regional investment priorities, and to establish collective participation in the reform programme.Each region must agree on the regional allocation by 30 September 2020 (refer page 9). The allocation will not be available where less than two-thirds of local authorities in the region sign the MoU, or if an agreement cannot be reached. The Minister of Local Government may make exceptions.

50%

37%

13%

Metropolitan Councils

Provincial Councils

Rural Councils

Indicative funding

allocation between councils*

*Assuming a direct application to councils

* The following exceptions were made to the allocation framework:

• $30 million has been set aside for non-council rural drinking water suppliers to help address the challenges these suppliers are facing in delivering safe drinking water to consumers.

• $50 million for the Hawke’s Bay region was announced by the Prime Minister and the Minister of Local Government. This supplements the formula-based allocation with a top-up in recognition of the leadership and progress that region has demonstrated in exploring reform of three waters arrangements.

• Exploring alternative solutions to progressing water services delivery reform in the Auckland region.



Notional funding allocations

Region Territorial Authority

Notional allocations

Total ($m)

TA allocation ($m)

Regional allocation ($m)

Northland

Far North District Council 5.90

14.13 28.26Whangarei District Council 5.89

Kaipara District Council 2.35

Waikato

Thames-Coromandel District Council 2.40

33.30 66.61

Hauraki District Council 1.53

Waikato District Council 5.67

Matamata-Piako District Council 2.47

Hamilton City Council 8.73

Waipā District Council 3.41

Ōtorohanga District Council 1.25

South Waikato District Council 1.94

Waitomo District Council 1.75

Taupō District Council 4.16

Bay of Plenty

Western Bay of Plenty Council 3.46

21.12 42.23

Tauranga City Council 7.46

Rotorua District Council 4.71

Whakatāne District Council 3.49

Kawerau District Council 0.39

Ōpōtiki District Council 1.60

Gisborne Gisborne District Council 5.52 5.52 11.04

Hawke’s Bay

Wairoa District Council 11.04

50.00Hastings District Council 15.36

Napier City Council 12.51

Central Hawke’s Bay District Council 11.09

Taranaki

New Plymouth district 5.05

8.95 17.89Stratford district 1.19

South Taranaki district 2.70

Manawatū-Whanganui

Ruapehu district 2.80

20.27 40.54

Whanganui district 3.16

Rangitikei district 2.41

Manawatu district 2.54

Palmerston North city 4.67

Tararua district 2.51

Horowhenua district 2.17

Region Territorial Authority

Notional allocations

Total ($m)

TA allocation ($m)

Regional allocation ($m)

Wellington

Kapiti Coast district 3.13

29.90 (including Greater

Wellington Regional Council)

59.80

Porirua city 3.09

Upper Hutt city 2.55

Lower Hutt city 5.70

Wellington city 10.89

Masterton district 2.20

Carterton district 0.92

South Wairarapa district 1.42

Tasman-Nelson-Marlborough

Tasman district 4.89

14.01 28.02Nelson city 2.86

Marlborough district 6.26

West Coast

Buller district 2.27

7.62 15.25Grey district 1.92

Westland district 3.43

Canterbury

Kaikoura district 0.94

50.00 100.00

Hurunui district 3.75

Waimakariri district 4.01

Christchurch city 20.26

Selwyn district 5.33

Ashburton district 3.99

Timaru district 3.43

Mackenzie district 2.56

Waimate district 1.68

Waitaki district 3.73

Chatham Islands territory 0.32

Otago

Central Otago district 4.73

20.60 41.20Queenstown-Lakes district 4.74

Dunedin city 7.92

Clutha district 3.20

Southland

Southland district 7.03

11.15 22.31Gore district 1.10

Invercargill city 3.02



30 Oct Final date for

CIP review

CIP review Delivery Plans• CIP will review Delivery Plans, as they

are submitted, to ensure they align with the stimulus and fundingrequirements by 30 October 2020.

• CIP will notify the Secretary for Local Government that the Delivery Plan is consistent with the Funding Agreement.

• Initial funding released to local authorities as soon as practicably possible once Delivery Plans are approved by DIA.

Delivery Plan drafting and negotiation of regional funding allocation• Each regional group will be required to agree

the funding allocation between the local authorities within the region.

• A joint letter from the Mayors of participating local authorities to the Minister of Local Government and the steering committee should be used to communicate an agreement.

• Local authorities will need to incorporate the regional funding allocations into the Funding Agreement and Delivery Plan to be submitted to [email protected] [email protected] by 30 September 2020.

Process

Month Jul2020

Aug2020

Sep2020

Oct2020

Nov2020

Mar2021

Mar2022

The indicative process for the stimulus funding is presented below. Detailed process guidance will be provided prior to 31 August 2020.

Local authorities negotiate regional funding allocationProcess

31 Aug MoU’s signed

Milestones November Stimulus released

Local authorities commence expenditure on three waters projects

Late JulySector

roadshows

30 Sep Submit signed

Funding Agreement & Delivery Plan

31 Mar 2021Expenditure Programme commences

CIP review and advice to local government

Commence expenditure• Local authorities commence

expenditure on three waters projects, in accordance with the Funding Agreement and Delivery Plan (before 31 March 2021).

• Local authorities will need to report to CIP on a quarterly basis. The requirements are set out in the Funding Agreement and Delivery Plan.

• Local authorities must have completed expenditure programmes by 31 March 2022. The final payment request needs to be submitted with the quarterly report for the period ending 31 December 2021.

Quarterly reporting to CIP

31 Mar 2022Expenditure Programme concludes




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FOR DECISION

MŌ TE WHAKATAUNGA


AUTHOR Community Services Manager

FILE REFERENCE Document: 2795182

PORTFOLIO HOLDER Councillor Broad (Property)

Councillor Wilkinson (Recreation)

MEETING DATE Wednesday, 12 August 2020

SUBJECT: New lease – Waitekauri Road, Waikino


Council administers land on Waitekauri Road, Waikino. This land consists of recreational area, riparian and vegetative planting.

The area of the grazing land is 3.1 hectares and was historically leased to M & H Bougen, the lease on the land is now expired.

Council has called for tenders for grazing the parcel of land commonly known as the Waikino Domain. At the close of the tender on 31 July 2020, we have received four tenders from Te Minga Trust, Caprine Castle Ltd, Macedonian Properties and Melanie Pugh.

The tenders ranged between $950 and $2,400 exclusive of GST, per annum for the two year term from 17 August 2020 with a right of renewal for another 2 years.

The Waikino community met earlier to discuss amalgamation of their three committees and at that meeting it clearly showed a desire for a grass harvesting tenant so that the reserve could be maximized as a recreation area.

The decision is not considered a significant decision.


THAT the report be received, and

THAT Council approve a Deed of Lease for Caprine Castle Ltd, for

lease of 3.1ha from the Hauraki District Council at Waitekauri Road, Waikino, for a period of 2 years with a renewal option of another two years, at an annual lease payment of $2,300, and

THAT the lease be subject to the conditions set out in the report.


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1 PURPOSE | TE ARONGA The purpose of this report is to obtain Council approval for a lease agreement for the use of Council land at Waitekauri Road, Waikino. The recommended decision does not involve a new activity, service, programme, project, expenditure or other deliverable

2 BACKGROUND | TE KŌRERO Ā MUA The area of the land is 3.1 hectares and is currently not leased. The lease on the land has expired.

Existing lease details:

Address / site name Waikino Domain, Waitekauri Road, Waikino

Size of the property 3.1ha

Land ownership Hauraki District Council

Current use Grazing

Condition Land only

Seismic rating N/A

Leases Current lease expired with a lease value of $575 incl GST per annum

District Plan Zoning Recreation Reserve

Additional limitations Grazing dairy stock is a permitted activity under the farming definition.

Consents

N/A


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A summary of the proposed property lease is outlined below:

Current ownership and tenure

Land is owned by Hauraki District Council.

Current use The land was grazed by H & M Bougen

Proposed lessees Caprine Castle Ltd

Proposed use Cut and carry operation, harvesting grass and transporting to goat farm in Waikino.

Duration of lease Two years plus a further renewal for two years.

Limitations / conditions / requirements on the lease of the property

Lease fees and charges and outgoings payable

Caprine Castle Limited lease at an annual lease payment of $2,300 + GST, plus $150 document set up fee All outings levied against the property.

Roles and responsibilities The lessee will, pay all local authority and Waikato Regional Council rates. use the property for cut and carry grass harvesting purposes

The area currently offered for lease could diminish during this lease and Council will adjust or review the lease accordingly when the land is resumed.

The landlord will not provide services to the site –power, phone, sewer etc. The landlord will provide a calendar of events to be held on the reserve once they are communicated by the Waikino Domain Committee. The Lessee will farm and occupy the land exclusively for the use and benefit of the Lessee and shall not sublet or otherwise part with the possession of the whole or any part of the land for the whole or any part of the said term. The Lessee will follow best practice farming principles. If applicable, the Lessee will keep in good order repair and condition all buildings and chattels fences electric fences gates bridges erections culverts drains water systems internal races and vehicle accesses and every other description of improvements which now are or which hereafter during the said term may be made on the land and will use adequate lubricating oils and greases on all moving parts of machinery fixed or installed upon the land and will renew all such parts of the said improvements which shall become worn out decayed or unserviceable and in the said order repair and condition will at the end or sooner determination of the said term deliver up the same together with the land to the Lessor There will be no keeping of pigs on the land.


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The Lessee will during the whole of the term ensure that all drains and culverts and watercourses are kept open and reasonably clear and unobstructed and unpolluted and will at all times during the said term comply with the provisions of the Water and Soil Conservation Act 1967. Lessee will keep any native bush and any shrubbery and any timber shelter ornamental or other trees in good order and condition and will not without the prior written consent of the Lessor cut down damage or destroy or permit to be cut down damaged or destroyed all or any of the said bush shrubbery or trees at any time growing or standing on the land and will use all proper and reasonable means to preserve the same and will not without the like consent remove or permit to be removed from the land any timber fencing posts or firewood.

The Lessee shall not remove any soil or stone from the land nor shall the Lessee deliver or deposit to the land any soil or stone unless it is suitable for the maintenance of the land, entrances and tracks.

The Lessee indemnifies the Lessor from any liability that may arise from any action or actions of the Lessee during or after the term of agreement

The Lessor may at all times during the said term enter upon the land by the Lessor's officers or agents or servants or other persons authorised by the Lessor to view the state and condition thereof.


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Property Summary

Below is an aerial photo of the property showing the highlighted boundaries of the two areas for lease. Key attributes and limitations are outlined below.

OUR OPTIONS | NGĀ KŌWHIRINGA A MĀTOU

Strategic Alignment

An assessment of the potential lease of the property against Council’s strategies, plans, goals and

objectives has been undertaken. The lease to occupy the land will be consistent with Council’s strategic

direction.

Issues

Nil

Options

Staff have identified the following options for the Council to consider:

Four tenders were received, any and every tender not necessarily accepted.

Te Minga Trust $2,400 per annum Graze beef and horses, harvest twice a year Caprine Castle Ltd $2,300 per annum Cut and carry operation, grass harvesting Macedonian Properties $700 per annum Dairy and beef grazing and grass harvest Melanie Pugh $950 per annum Horse and Cattle Grazing and hay harvesting


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Options considered:

1. Lease entire area to Caprine Castle Ltd 2. Lease entire area to highest tender

These options and their advantages and disadvantages are outlined below.

Option 1: Lease area for cut and carry operation (grass harvesting)

ABOUT THIS OPTION

This option is not the highest tender but aligns with the community’s wishes and has

minimal impact on the land.

ADVANTAGES

Retain land ownership and Domain Committee receive a secure income

Agriculture is a permitted activity.

For the Lessee

Full control over the management of the grass harvest operation without borrowing to purchase land.

Ability to improve profitability of business and grow wealth.

Well thought through management of pasture health.

Water and rates bill and all other operational expenses to be for lease holder account.

DISADVANTAGES

Risk of environmental impact if the land is not responsibly used.

FINANCIAL COSTS

$2,300 excl GST per year for the 3.1 hectare piece land

Whole of life costs Capital costs: Nil Ongoing annual operating: Local authority rates carried by lessee

Budget source Waikino Domain income account will see a positive nett effect.

Changes to budgets In order to accommodate these costs there will not need to be changes to budgets.

Impact on the Council’s debt There is no impact on the Council’s debt

Potential impact on rates There will be no impact on rates.


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OPTION 2: Lease entire area to highest tender

ABOUT THIS OPTION

This is only $100 per annum more revenue and goes against the wishes of the community.

ADVANTAGES

Retain land ownership and Domain Committee receive a secure income.

Agriculture is a permitted activity.

For the Lessee

Full control without borrowing to purchase land.

Ability to improve profitability of business and grow wealth.

Higher income to Domain Committee. Water and rates bill and all other operational expenses to be for lease holder account.

DISADVANTAGES

Risk of environmental impact if the land is not responsibly used.

Cost to repair fences.

Grazing does not align with the needs of the community.

FINANCIAL COSTS

$2,400 excl GST per year for the 3.1 hectare piece land Whole of life costs Capital costs: Fencing

Ongoing annual operating: Local authority rates carried by lessee.

Budget source Waikino Domain Committee’s income account will see a positive net effect.

Changes to budgets In order to accommodate these costs there will need to be changes to budgets.

Impact on the Council’s debt There is no impact on the Council’s debt

Potential impact on rates There will be no impact on rates.

Assessing the Risks

The following risks and mitigation measures have been identified by staff for consideration by Council

in making a decision on the lease of the property:

Risk 1: Financial - The lessee will pay all local authority rates and service charges. There is a risk that

the payments may fall behind or be defaulted.

Mitigation: Property Officer to ensure regular invoicing and follow up on outstanding debt with a notice

to remedy.

Risk 2: Reputation – Council being seen to not support community led activities, sport clubs or

initiatives.

Mitigation: Grant lease with appropriate conditions.


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Risk 3: Land - At the expiry of this lease, unless otherwise agreed, the lessee shall reinstate the land

in a clean and tidy condition.

Mitigation: Annually do an inspection of land to ensure the building is safe and in a good condition,

and the land is maintained in a husbandry manner.

4 SIGNIFICANCE AND ENGAGEMENT ASSESSMENT

This decision does not trigger the Significance and Engagement Policy Assessment Tool and therefore

is not considered significant under the Significance and Engagement Policy 2014. No engagement is necessary for this decision as it is not a new service but extending what is currently

being provided.

5 BUDGET IMPLICATIONS

Key budget impacts are identified and assessed below.

Impacts on maintenance and capital costs over the duration of the lease

No capital outlay required. Maintenance of the grounds will be the responsibility of the lessees. Income of $2,300 per annum plus GST, plus all rates and outings on the property will be credited to the Waikino Domain Committee account.

There are no budget implications to Hauraki District Council as a result of this decision. 6 PREFERRED OPTION| TE KŌWHIRINGA MATUA

Option 1: Lease area for cut and carry operation (grass harvesting) Appendix A.

Council should make its decision on which option to choose based on that option being the most cost

effective, and good quality option for the Hauraki District (s10 of the Local Government Act 2002).

The property and recreation portfolio holder and staff recommend that Council approve a Deed of Lease for Caprine Castle Ltd, for

THAT the lease be subject to the conditions set out in the report.

Approval

Prepared by David Varcoe Community Services Manager

Approved by

Steve Fabish Group Manager - Community Services and Development



FOR INFORMATION NGĀ MŌHIOTANGA


AUTHOR Katie Mclaren / John McIver Community Engagement Officer/Community Engagement Manager

FILE REFERENCE Document: 2663720 Appendix A: 2795552 - CHT Accountability report Appendix B: 2795547 - CHT Strategic Plan 2020-2023 Appendix C: 2807153 - CW Report Appendix D: 2795062 - Life Education Trust Appendix E: 2807164 - CYAA Nomination forms Appendix F: 2795065 - CCS Application Form

PORTFOLIO HOLDER Councillor Tilsley – Community Initiatives portfolio

MEETING DATE Wednesday 12 August 2020

SUBJECT Community Initiatives Monthly Report - August 2020

SUMMARY | TE WHAKARĀPOPOTANGA The Community Initiatives Team will present an update of activities carried out during the

previous month to Council. The activities include management of various funding budgets, social

initiatives and information on other initiatives.

RECOMMENDATION | TE WHAIKUPU THAT the report be received.



1 PURPOSE | TE ARONGA The Community Services and Development Group is responsible for the delivery of Council’s

Community Initiatives activities. A report on these activities will be presented to Council on a

monthly basis. Any requests for financial assistance from community groups are also presented

in this report.

2 GRANTS AND DONATIONS | NGA TAKOHA Each Ward has budget set aside for Community Assistance Funding. This fund is for the

discretionary allocation of grants or donations towards activities, individuals, or groups as

determined by the respective ward members. The Ward Chair has the delegated authority to approve grants towards hall hire costs, and, along

with one other ward member can approve grants up to $300 from this fund. Full Council with

recommendation from the appropriate ward decides requests for financial assistance above

$300. Grants listed with an asterisks (**) are funds that have not yet been paid. These are either

currently being processed, waiting on supporting documentation or have received grant

confirmation from Council but have not yet been claimed. Newly approved or granted funds are listed after the corresponding fund’s table in bold. 6320: Plains Ward Community Assistance Funding

The following table identifies grants that are already committed from this fund for the 2020/21

term:

Organisation | Activity Amount Granted

Community organisations | water rates (estimate) $2,014.44

Thames Valley Turf Trust | 20yr replacement of turf $8,224.27

Patetonga Hall | operational costs $534.04

Kaihere Hall | operational costs $480.64

Kerepehi Hall | operational costs $1,281.70

Mangatarata Hall | operational costs $587.45

Waitakaruru Hall | operational costs $1,388.51

Kopuarahi Hall | operational costs $640.85

Turua Hall | operational costs $854.47

Hauraki Plains College | prize giving Community Service Award $234.00

HPL Co-op Parish | community garden (rate relief - estimate) $635.85

Love Hauraki – Social Media Campaign $50.00

TOTAL COMMITTED $16,926.22

UNALLOCATED $12,136.95

Table 1: Plains Ward CAF Commitments 2020-21



New Grant: The Plains Ward agreed to grant $50 from the Plains Ward Community Assistance Fund to Love Hauraki for a social media campaign. 6310: Paeroa Ward Community Assistance Funding The following table identifies grants that are already committed from this fund for the 2020/21

term:

Organisation Amount Granted

Paeroa Society of Arts | operational costs $2,137.00

Paeroa Historical Society | operational costs $6,500.00

Skate & Leisure Centre | property maintenance $12,150.00

Plunket Society | rate relief $500.00

Paeroa College | prize giving Community Service Award $234.00

Love Hauraki – Social Media Campaign $50.00



Table 2: Paeroa Ward CAF commitments 2020-21

New Grant: The Paeroa Ward agreed to grant $50 from the Paeroa Ward Community Assistance Fund to Love Hauraki for a social media campaign. 6330: Waihi Ward Community Assistance Funding The following table identifies grants that are already committed from this fund for the 2020/21

term:

Organisation | Activity Amount Granted

Order of St. John | rate relief $939.65

Waihi Art Centre & Museum | property maintenance $15,396.30

Waihi Art Centre & Museum | operations contribution $13,729.94

Waihi Plunket | property maintenance $10,364.99

Whiritoa Emergency Management Centre | property maintenance $10,815.76

Bank Street Reserve | overheads $1,497.63

Waihi College | prize giving Community Service Award $234.00

Love Hauraki – Social media campaign $50.00

Waihi Community Patrol - Car upkeep $1,000.00





Table 3: Waihi Ward CAF commitments 2020-21

New Grants:

The Waihi Ward agreed to grant $50 from the Waihi Ward Community Assistance Fund to Love Hauraki for a social media campaign. The Waihi Ward recommended and Council agreed to grant $1,000 from the Waihi Ward Community Assistance Fund to Waihi Community Patrol for car upkeep costs. 6300.424: District General Funding Council also has a District discretionary fund that is available for general or more significant

activities or projects that provide a benefit to more than one ward. The following table identifies grants that are already committed from this fund for the 2020/21

term:


LTP2018-28: The Treasury/Coromandel Heritage Trust| Year 3 of 3 $10,000.00

C18/47: Kaiaua BC Subsidy Y3 (0 of 10) | $20,000 p.a. $0.00

LTP2018-28: Paeroa Historical Maritime Park project | $200,000 $0.00


UNALLOCATED ($22,580.72)

Table 4: District General Fund 2020-21

Report: The Treasury [Appendix A, Appendix B] Attached for your information is a copy of the Coromandel Heritage Trust / The Treasury annual

funding accountability report along with a copy of their Strategic Plan 2020-2023. 6350: Significant Natural Areas and Heritage Features Incentives Funding (SNA & HFI) The SNA & HFI Fund is a contestable fund that is administered by Council. The purpose of this

fund is to encourage and assist landowners with SNAs and/or Heritage Features to actively

maintain and/or enhance their SNA or heritage feature. Funding can be applied for at any time

and an application form is available from the Planning and Environmental Services team. In the 2020/21 term the following grants have been made from the SNA&HFI Fund:


TOTAL ALLOCATED $ 0.00


Table 5: SNA&HFI Fund grants 2019-20



19550: Community Recreational Facilities Development Funds (CRFDF) Each Ward and the District have community recreational facilities development funds

accumulated from development contributions that are available for investment in public capital

items i.e. physical assets such netball courts, domain lighting etc. 9558: Plains Community Recreational Facilities Development Fund (CRFDF) In the 2020/21 term the following grants have been made from the Plains CRFDF:



BALANCE $139,793.31

Table 6: Plains CRFDF grants 2019-20

9559: Paeroa Community Recreational Facilities Development Fund (CRFDF) In the 2020/21 term the following commitments have been made from the Paeroa CRFDF:



BALANCE $136,582.56

Table 7: Paeroa CRFDF grants 2019-20

9560: Waihi Community Recreational Facilities Development Fund (CRFDF) In the 2020/21 term the following commitments have been made from the Waihi CRFDF:



BALANCE $523,361.37

Table 8: Waihi CRFDF grants 2019-20

9557: District Community Recreational Facilities Development Fund (CRFDF) The District CRFDF has a deficit of -$11,862.57 from the 2019/20 term and it is carried forward

to the 2020/21 term. A review of this account is currently being carried out by our finance team. In the 2020/21 term the following commitments have been made from the District CFRDF:





BALANCE ($11,862.57)

Table 9: District CRFDF grants 2019-20

9561: District Community Projects Assistance Fund (CPAF) Council has an investment fund of which a percentage of the interest is set aside for grants to

community projects of a more significant nature. In the 2020/21 term the following commitments have been made from the District CPAF:



BALANCE $51,757.17

Table 10: District CPAF grants 2019-20

6200: District Social Strategy Fund [SSF] A percentage of the interest allocated from the investment fund is set aside for initiatives that

address issues identified in the Social Strategy action plan. In the 2020/21 term the following commitments have been made from the District SSF:


C18/219: Age Concern Thames | YR3 of 3 $5,000.00

C18/266: Creative Waikato Trust | YR3 of 3 $2,000.00

CSDC18/61: Hauraki Citizens Advice Bureau | YR3 of 3 $10,000.00

C20/215: Eastern Waikato Drought Relief Fund | farming community

support $10,000.00

TOTAL COMMITMENTS $27,000.00


Table 11: District SSF commitments 2020-21

Presentation: Hauraki Citizens Advice Bureau

The Hauraki Citizens Advice Bureau (CAB) are required to report to Council about their activities

every six months. The last report was received and included in the 11 March 2020 agenda and

the latest Chairman and Treasurer Reports will be presented to their AGM on the 20th of August.

The Chair for the Trust Rae Waterhouse - will present an update on the activities of Hauraki CAB

at this meeting and answer any queries.



Report: Creative Waikato Trust – Waikato Arts Navigator (Appendix C)

Creative Development Officer Paul Bradley and CEO Dr. Jeremy Mayall will be in attendance to

present on Phase 2/Year 2 of the Waikato Arts Navigator project for which Council has given an

annual grant. This project has included detailed research and consultation that will bring together

a broad collection of all arts with identified strengths in our district.

The purpose of Stage 2, was to gain agreement on recommendations for areas of focus and

development. As Covid-19 has caused lots of disruption and uncertainty, they have refocused

this stage, specifically to look at how the arts can provide some solutions and creative thinking to the specific challenges facing each district.

Requests for Financial Assistance Council has received no requests for financial assistance.

3 SOCIAL INITIATIVES | WHAIWHAKAARO PAAPORI The Social Strategy Working Party met on Tuesday the 4th of August via zoom to discuss the

progress to date of items highlighted in the Social Strategy Action Plan.

Agenda items included an update on:

The Elephant in the Paddock campaign; Better Futures Hauraki; Update on Community Growth/SS amalgamation; Community Group Education – volunteers training/grants and training; Grants and funding – page on the website; Keep Waihi/Paeroa/Plains Beautiful – Champions update, KNZB awards and benefits of

these community groups to our communities/ potential for funding annually; Senior Connect funding; Shielded website for domestic abuse – has been added to the HDC website. Screenshot

below (computer screen icon):



Life Education Trust

The Life Education Trust are required to report to Council about their activities every six months.

Attached for your information (Appendix D) is their Chairman’s Report as presented to their AGM

in June this year as well as a copy of their AGM minutes and financial report.

Members of the committee will present to Council in regards to the attached at a future date;

yet to be determined.

4 OTHER INITIATIVES | EERAA ATU WHAIWHAKAARO

Sister Cities Nothing to Report. Citizenship Ceremony As of the 31st of July 2020, eight individuals within the Hauraki District have become new citizens

- 3 from Ngatea, 4 from Waihi and 1 from Whiritoa. The decision from the Department of Internal Affairs as to when Citizenship ceremonies will

resume will be based around when New Zealand’s biggest Council (Auckland) are able to resume

with ceremonies – which at this stage isn’t looking possible until October. Citizen & Young Achiever Awards Planning for the Citizen & Young Achiever Awards is well underway, with nomination forms

(Appendix E) sent to the colleges and known community groups, as well as communications

going out over the next month calling for nominations. Said nomination forms are also now

available to the public via the HDC website and HDC service centres/libraries. Nominations close

on Wednesday the 9th of September, after which an assessment panel will meet to decide on

award recipients. The awards evening will be held on Wednesday the 11th of November at the Ngatea War Memorial

Hall, with an MC for the evening yet to be determined; suggestions for said MC are welcome.

Industry Training Awards

Nothing to report. Creative New Zealand [CNZ CCS] Round 1 of the 2020/21 Creative New Zealand Creative Communities Scheme opened on Monday the 3rd of August. Applications will be received until Wednesday 9th September, for projects taking place between 1 October 2020 – 30 September 2021. Application forms (Appendix F) are available from the HDC website and all service centres/libraries. Communications to showcase previous recipient projects will be going out over the next couple of weeks, which will promote the Scheme as well as encourage community groups to apply.



Approval

Prepared by Katie McLaren Community Engagement Officer

John McIver Community Engagement Manager

Approved by Steve Fabish Group Manager – Community Services and Development


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ANNUAL FUNDING ACCOUNTABILITY REPORT

OFFICE USE ONLY:

Date received Date acknowledged

Annual funding amount $ Committee

Organisation name

The Coromandel Heritage Trust

Reporting period (e.g. July 2018 to June 2019)

1 July 2019 to 30 June 2020

Progress against milestones (refer Letter of Agreement for details)

Event/activity Status (e.g. on track, delayed, completed) and description

Organisations, events and

activities promoted by

Hauraki District Council

are supported by The

Coromandel Heritage

Trust

Delayed (or at least, not “on track”). See full narrative below for explanation

Events:

Lecture delivered by Thames-Coromandel/Hauraki historian, Dave Wilton at Paeroa Library, November 2019.

Subject: Early arrival of Pakeha on HMB Endeavour, captained by Lieutenant James Cook. Well attended – approx.50


Appendix A

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Publicity:

Hauraki Herald article (front page) on Digitising - July 2020

The Valley Profile – approached editor Teresa Ramsey regarding articles and advertising. She offered us all the back

issues since the newspaper began. They are now safely stored in our Archive.

Collaboration:

The Coromandel Heritage Trustee managing the cataloguing project has sought advice from staff/volunteer members

of Te Aroha Museum, with a view to a workshop for our volunteers being led by Past Perfect skilled Te Aroha Museum

people.

Networking with regional

and national related

organisations.

Capitalise on increasing

trends and use of social

media.

Under way but not yet on track. Reconnection with Te Papa Tongarewa has been made. Leading industry advice

has been sought from Te Papa regarding (a) equipment required for digitisation; and (b) we are in communication

with Te Papa National Business specialists to ensure we define and contract our paid HR needs wisely.

See Note 3 in narrative. In July 2020 The Treasury has contracted Antipodean Creative Marketing and

Communications specialist for 8hrs/wk for the period 24 August to 24 December. She will work alongside the

Marketing & Comms subcommittee to lift The Treasury’s profile within the Districts, and her role will cover print,

Facebook, e-newsletter, radio and will work with the manager of our website. We have also contracted a writer to

research and write one or two articles/month for print, which will also feed into Facebook, website and our e-

newsletters.

Additions to the

Collection: the number of

donations to Collection

from Hauraki Region

increases steadily

Delayed. We are unable to define the number of collection donations received specifically from the Hauraki District

over this financial year, in the absence of the Manager. This is a situation which will be remedied, both from the

perspective of being able to provide meaningful data to HDC and also more consciously reaching actively into the

District. However there have been 103 additions to the collection overall, very similar to the previous financial year.

See Note 4 in narrative.


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Increased paying

customers: more

researchers using facilities

or requesting research

Delayed. The Treasury’s past manager of two years was charged with many roles, including marketing and

communications, which, as person experienced in archiving, reasonably, sat outside her skillset. In order to increase

our paying customers, a whole series of actions will be required including making The Treasury known through active

publicity. This is now being addressed. However, in the meantime here are some overall results for this current past

year.

Researchers in-house (member & non-member)17/18 = 27018/19 = 304 +12.5%19/20 = 209External research requests paid17/18 = 1618/19 = 42 +162.5%19/20 = data not availableExhibition/Events17/18 = 8318/19 = 134 +65%19/20 = data not availableSee Note 3 in narrative

Digitisation of Collection:

collections from Hauraki

Region are catalogued

and digitised for easy

online access

Delayed.

We are unable to define the number of Hauraki collections digitised specifically. This information has sat with the

Manager and we did not obtain this detail from her before her redundancy.

However, in June 2020 The Treasury contracted specialist digitiser for 12wk period June, July, August 2020. See Note

2 in narrative – 1,073 additional images digitised to date. Previous year – 100.

Activity meeting with

HDC Community

Engagement Officer

Delayed.

This outcome sits most uncomfortably with us, elected trustees now into our eleventh month. It does not reflect our

desire to work alongside HDC to maximise the benefits of the many ratepayer’s dollars invested in The Treasury.

Rather it reflects a board which has been scrambling to get on top of The Treasury’s many demands on the

volunteered time of a very small group of people. Our intention is to work towards developing a highly functioning


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District asset.

Progress against performance targets (refer s4.0 Letter of Agreement for details)

Measures Targets Actuals

Financial sustainability: percentage of annual budget from

non-Council sources increases each year

See Note 1 – narrative

+10% on 2018/19 + 881%

Financial management: balanced budget No defined measures Achieved

Reporting visitor numbers, trends and satisfaction surveys:

visitor numbers increase per annum

No defined measures Visitor number/researcher numbers

have remained similar to last year, but

reduced by 28% on the benchmark year.

No user satisfaction survey has been

undertaken

Progress against latest performance review recommendations (if applicable)

Review recommendation Status (e.g. on track, delayed, completed) and description

The Trustees are unaware of any performance review

recommendations from HDC. Please advise if otherwise.


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Budgeted and actual income

Provide details for the full most recent financial year (unconfirmed figures 1 July 2019 to 30 June 2020)

Income source Budgeted amount ($) Actual amount ($)

Hauraki District Council $40,000 $40,417

TCDC $50,000 $50,000

Other grants and donations $1,145 See Note 6 - $18,379

Earned income (including interest) $18,181 $18,151

Total income $119,326 $126,947

Budgeted and actual operational expenditure

Provide details for the latest period only

Expenditure item Budgeted amount ($) Actual amount ($)

Wages/salary $72,219 $72,219

Rent or lease $350 $350

Other operational costs $24,905 See Note 7 - $28,354

Event-related costs

Miscellaneous

Total expenditure $97,474 $100,923


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Capital expenditure (on assets)

Provide details of any significant capital expenditure over the past year and how this was funded

Capital items Amount ($) Funding source/s

3 x new Laptops, 1 x refurbished server, 4 x refurbished

desktops, 1 x updated hard drive

$7,000 Trust Waikato ($2K) and Pub Charity

($5K)

Please note: Where The Treasury Board has been unable to provide specific data in the tables above, this information was not obtained from the Manager prior to her redundancy.

The Coromandel Heritage TrustNarrative supporting report to Hauraki District Council

Background.................................................................................................Pg 7-9

Increased contributions from non-Council external funders......................Pg 9

Digitisation of collection..............................................................................Pg 9

Increased paying customers........................................................................Pg 10

Additions to the collection..........................................................................Pg 10

Conclusion...................................................................................................Pg 11


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Background:

The Coromandel Heritage Trustees would first like to acknowledge Hauraki District Council for the $60K which has been allocated to support operating costsfor The Treasury over three years. We recognise both the size of this funding grant and the Council’s obvious interest in the wellbeing of The Treasury.

This narrative report covers the 12month period from 1 July 2019 to 30 June 2020. However figures quoted are all to 31 March 2020. The present Board ofTrustees was elected at The Treasury’s AGM on 25 August 2019, with only one of the previous nine Trustees standing for re-election, this person – DaveWilton – being successfully re-elected by the membership. The balance of the previous Board members chose not to stand for re-election.

The 11 months of this current Board’s term to date has been challenging. September and October 2019 demanded due diligence to examine all areas ofThe Treasury’s function to obtain a clear picture of its financial position, to ascertain what needed to be addressed and in what order. Time was dedicatedto analysing concerning trends in the previous 30 months in the areas of income (both from core business and non-Council funders), declining core businesswork/tasks output and declining membership and volunteer numbers. Please see table below showing a summary of five years 2016 to 2020 inclusive.

Financial Year Expenses Income Surplus/Deficit Grants Book Sales Carnegie Membership Insurance Power Wages31/3/2016 $29,534 $37,939 $8,403 Sur $11,680 $9,643 $4,557 $6,169 $9,604 $4,004 -31/3/2017 $26,052 $39,307 $13,255 Sur $6,000 $9,536 $6,527 $6398 $9,719 $4,540 -31/3/2018 $36,175 $36,813 $638 Def $3,000 $12,979 $3,517 $5,471 $10,498 $4,711 -31/3/2019 $25,256 $22,062 $3,194 Def $1,816 $4,275 $4,815 $3,881 $4,883 $2,868 $59,836To 31/3/20 $28,532 $36,541 $8,009 Sur $13,145 $7,218 $4,616 $5,064 $4,788 $3,606 $73,291

Down 4% Down 3% Up 11% Down 25% Up .3% Down 18% Positive Positive

1/4/20 to 30/6/20 – definitive figures not available for these three months, however a (second) $7,000 grant was received from Trust Waikato during this period.

Dates significant to this data:

Previous Board in place sometime early 2017

The Treasury Manager commenced April or May 2018

The Treasury Administration assistant commenced early 2019

Our immediate priority was to secure funding for general operating costs and begin an urgent and essential upgrade of IT equipment. Within five weeks of

election, on 27 September 2019 an application was lodged with Trust Waikato which resulted in a grant of $7,000 in mid-December 2019. Further

applications to Trust Waikato and Pub Charity in 2020 have been successful. With the assistance of these two funders, we have purchased three new


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laptops, four refurbished desktops and a server. The upgrade project will be ongoing as much of our equipment is rundown and purchases will be made as

funds become available.

We are currently awaiting the outcomes of a COGS application and an application to Lottery Community for $120K, both for operating costs. An applicationsubmitted to NZ Community Trust in January was side-lined by COVID-19 and we will reapply in September 2020.

During the early months as a newly elected Board, we became clear on the agreed objectives for The Coromandel Heritage Trust in the HDC FundingAgreement and cognisant of how much work was required to begin on the journey of meeting the two Councils’ KPIs.

In November 2019 a series of strategic planning sessions was undertaken by the Board and the Manager to refine, reorder and add actions and budget linesto the previous Board’s strategic plan adopted just before our election. Referencing Te Papa’s strategic plan as a model of best practice, The Treasury 2020-2023 Strategic Plan was adopted in March 2020, and five key areas of focus were identified as requiring Board led subcommittees: Marketing andCommunications, Funding Development, Volunteers, Membership, and Publications. Each subcommittee is responsible for developing and implementing aplan of recovery and reports monthly to the Board. A copy of our strategic plan is attached to this report for your information.

A sixth subcommittee was formed in February 2020 to monitor performance and develop KPIs for The Treasury’s full time Manager. During March 2020 theManager’s role was re-focussed to project-manage two key projects identified by the Board in alignment with the Councils’ KPIs: cataloguing of the Archiveand digitisation of the collections in the Archive. On 29 June 2020 the Manager chose to take voluntary redundancy due to restructure.

The Trust’s Board is in the process of clearly defining The Treasury’s paid HR needs and establishing the very best and most effective way of utilising the twoCouncils’ grants through to June 2021. Whilst we have some clear ideas on what paid roles we believe we need filled in order to take The Treasury forward,we are consulting Te Papa Tongarewa National Business specialists to ensure we are on the right track. In the meantime, our existing part timeadministration assistant has agreed to increase her hours of work, members of the Board have stepped in to further actively support, and volunteers arelargely managing the day to day operations. By mid-October 2020 we will know the outcome of the Lottery Community application, which is for paid HR forthe financial year 1 April 2021 to 31 March 2022. At that point we will be in a better position to appoint a longer fixed term manager and archivist, and amarketer. In the meantime we are closely monitoring the current holding position, to see whether or not this is sustainable through to the end of 2020. Ifit is not, we will contract a short-term manager/archivist.

Our volunteer workforce numbers at The Treasury continues to be an issue, with approximately 50% lost over the last 3 years. The impact of COVID-19 onour unpaid workforce, many of whom are 70 years plus, has further impacted on numbers. The Volunteers subcommittee has recently completed ananonymous survey of volunteers past and present to obtain a clear picture of volunteer workplace satisfaction at The Treasury and are presently collatingthe findings. The subcommittee is also taking guidance from Community Waikato, who confirm that not-for-profit organisations across the country are


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experiencing similar difficulties with volunteer numbers drop off due to COVID-19. A direct result of the reduced volunteer workforce and COVID-19 is thatdoors to The Treasury are open for three days/week rather than four.

KPI - Increased contributions from non-Council external funders:

(Note 1) Upon election, our Board took instant action to make contact with and apply to public funders for grants. At the time of writing this report, sixapplications have been written, three of which were successful bringing in $19,000, one will be resubmitted due to COVID-19, the fifth we will know theoutcome of at the end of July and the sixth – the major application to Lottery Community for $120K for operating costs (including paid HR roles) – we willknow the outcome of by early October. The role of application writing sits with the Funding Development subcommittee, who will continue to developrelationships with existing funders, expand the breadth of potential funders and write quality applications. Working closely with the Marketing andCommunications subcommittee, a sponsorship, donor and bequest plan will be implemented over 2020/2021.

The Treasury, in its current form, is not yet a standalone “sustainable operating model”, and, without Council funding, this will only be possible with verysignificant public funding from, particularly, Lottery Community.

KPI - Digitisation of collection:

(Note 2) In August 2019 at the time of the AGM the previous Board of Trustees had just signed off on an IT upgrade totalling around $55,000, including aplan to purchase digitisation equipment. Realising (a) the urgency with which we needed to begin the process of digitising The Treasury’s collections, and(b) knowing the highly competitive nature of contestable public funding, our Board made the decision in March 2020 to contract a specialist for a block of12 weeks to photograph selected items deemed important from the Archive to at least get digitisation underway. Again COVID-19 intervened, but on 9June Jaysell Gopal (Antipodean Creative) commenced her contract, one which is again funded by the two Councils’ grants. Good progress is being made butunfortunately is slowed because of limited volunteer hours available to support the project. Our objective at the close of this contract is to have as manyhistorically important photographs in the Archive as possible digitised and accessible to all researchers anywhere in the world.

The decision is not yet made whether to continue to contract blocks of specialist digitisation time throughout the year as we are able to allocate funds intothe future, or to raise funds to buy digitisation equipment ourselves for a contracted Archivist and interested volunteers to undertake this work. There aremerits and disadvantages in both options.


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KPI - Increased paying customers:

Overall income from paying customers is similar to the previous 12 months – an average of around 1.4 paying researchers per day. Our treasurer hasestablished a tighter reporting system in this calendar year and anecdotally we registered an increase in paying researchers/clients accessing The Treasury’scollections during the lockdown levels relating to COVID-19.

(Note 3) At its April 2020 Board meeting, our Board agreed to contract Jaysell Gopal (Antipodean Creative) to prepare a marketing and communicationsplan for The Treasury, and, considering the specific skills required and the importance of raising The Treasury’s profile, we have recently agreed to contractJaysell for eight hours/week from 24 August to 24 December 2020 to begin the implementation of the plan for us. She will be supported in this work by allBoard members and those volunteers who have the necessary skills. Again, this contract will be funded by the two Council grants.

Preparatory work to gather important information has been done by the Marketing and Communications subcommittee. With carefully allocated budgets,it is our aim to remove The Treasury from the realms of “best kept secret” to where it belongs - “pride of The Coromandel and Hauraki communities”.

KPI – (a) Additions to the collection; (b) Additions number will be items fully processed and available for researchers from donations on Past Perfectprogramme; and (c) Items added to the website database

(a) Additions to the collection from donations: 103 additions have been made to the collection, very similar to the previous financial year, and a 28% reduction on the 2017/18 financial year benchmark of 145.

(b) Additions to collections are fully processed and available for researchers on Past Perfect programme: (Note 4): We have discovered that no current volunteers are experienced in Past Perfect entry, and no progress had been made in entries for two years, until our current project commenced two months ago. All 997 entries have been made by this current team of three dedicated volunteers doing a combined 46hrs/wk. We are seeking more volunteers and are planning an upskilling workshop. The Trustee responsible for this project has sought advice from staff/volunteer members of Te Aroha Museum.

(c) Additions – items added to website database: (Note 5) As indicated in the table, our sole previous volunteer overseeing these entries resigned herrole 18months ago and has not yet been replaced, hence the reduction of annual output to 13,400 from 35,000 and 38,000 in previous two years.

(Note 6): Actual income from other grants and donations ($18,379) made up as follows:

Trust Waikato - $7K (plus a second $7K received after the close of The Treasury’s financial year – 31 March 2020)Donation - $5,234Te Papa Helping Hands - $1,145


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Pub Charity - $5K

(Note 7): Increased overall “other operating costs” relate largely to following increased figures on previous financial year:

Computer & printer expenses increased by $1,477Electricity $738Fire Protection $635Photocopying $494A & G Price Project $1,109Software $520

$4,973

Summary: At the time of writing this report (27 July), The Treasury Board is carefully watching and weighing up the next steps in the appointment of paid HR which will best benefit The Treasury. Our intention is not to leap into an instant replacement of a manager, but rather devote time and space to becoming really clear on the functions that are essential to The Treasury, and the outcome of the Lottery Community application. This necessarily means a drain on our hands-on Trustees as we together support the functions of The Treasury, but ultimately, we hope, will result in a very well thought through paid HR plan which will lift this amazing district asset to the position to which it was originally intended.

Checklist

Organisations in receipt of $10,000 or more annual funding must also submit the following:

Reviewed financial statements Note: We are very close to being able to supply the confirmed 1/4/19 to 31/3/20 accounts and will forward these to

HDC as soon as they are available. They will be accompanied by the Chair’s report for the AGM set for 2pm, Sunday 30 August 2020 at The

Treasury

Chair’s Report to the Annual General Meeting See above

Declaration

We the undersigned declare the following:


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We have acknowledged the receipt of Hauraki District Council funding in our organisation’s accounts or a note in our organisation’s Annual Report

If requested by Hauraki District Council, we will provide any files or records that relate to the expenditure of this funding for inspection

We acknowledge that if this funding has been misappropriated and no appropriate remedial action taken then Hauraki District Council may

recover the funding and may deem our organisation to be ineligible for further funding

The details we have given in all sections of this report are true and correct to the best of our knowledge, and reasonable evidence has been

provided to support our accountability report.

First name Last name

Beth Mackay

Postal address City/town

422 Sandes Street Thames

Daytime phone number Email address

021 633 472 [email protected]

Position (e.g. Chair, Director)

Chair

Signature Date

27 July 2020

Please submit your completed accountability form by email, post or in person to:

Attn: Community Engagement Manager

[email protected]

Hauraki District Council, PO Box 17, Paeroa 3640

1 William Street, Paeroa 3600
