Notice is hereby given that an ordinary meeting of the Gore District Council will be held in the Council Chambers, 29 Civic Avenue, Gore, on Tuesday 23 September 2014, at 7.30pm

Speed dating with the Youth Councillors will be held from 6pm (James Cumming Wing)

A private briefing for elected members will commence at 7pm.

Stephen Parry

Chief Executive

17 September 2014

Agenda 1. Apologies 2. Declaration of Councillor conflict of interests 3. Confirmation of minutes and reports

Confirmation of the minutes of the ordinary meeting of the Gore District Council, held on Tuesday 12 August 2014.

Pages 1-12

Confirmation of the report of the Community Services Committee meeting held on Tuesday 2 September 2014.

Pages 13-17

Confirmation of the report of the Operations Committee meeting held on Tuesday 2 September 2014.

Pages 18-21

Confirmation of the report of the Regulatory and Planning Committee meeting held on Tuesday 2 September 2014.

Pages 22-27

Confirmation of the report of the Finance and Policy Committee meeting held on Tuesday 2 September 2014.

Pages 28-29

4. Urgent late business – as tabled at the meeting, pursuant to section 46 (a)(7) of the Official Information and Meetings Act 1987.

5. Presentation by Youth Councillor

Page 30 6. Presentation about Southland Museum Redevelopment

Page 31 7. Wastenet Waste Advisory Group Meeting Minutes

Pages 32-38 8. Local Government Act 2002 Amendment Act 2014 - Overview

Pages 39-45 9. Mataura Community Board Report

Pages 46-50 10. Gore and Districts Health Incorporated - Constitutional Review

Pages 51-75 11. Southland Shared Services Forum - Development of Regional Strategy

Pages 76-81

12. Request to lease land adjoining Gore Multisports Complex for a Proposed Parents Hub Pages 82-86

13. Southland Shared Services Forum

Pages 87-93 14. Reports from Councillors

Pages 94-103 15. Approved urgent late items 16. Business to be considered pursuant to the Local Government Official Information and

Meetings Act 1987:

(i) Confirmation of Minutes

Confirmation of the minutes of the ordinary meeting of the Gore District Council, held in committee, on Tuesday 12 August 2014.

(ii) Other Business

Unconfirmed minutes of the Southland Shared Services Forum, held in committee on 2014.

Request to transfer land

Mataura Valley Milk – water supply

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MINUTES OF AN ORDINARY MEETING OF THE GORE DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBERS, 29 CIVIC AVENUE, GORE ON TUESDAY 12 AUGUST 2014 AT 7.30pm. PRESENT His Worship the Mayor (Mr Tracy Hicks, JP), Crs Bolger, Beale,

Davis, Dixon, Gover, D Grant, P Grant, Highsted, Page and Sharp.

IN ATTENDANCE The Chief Executive (Mr Stephen Parry), General Manager

District Assets (Mr Paul Withers), Chief Financial Officer (Mr Luke Blackbeard), Parks and Recreation Manager (Mr Ian Soper), Roading Manager (Mr Murray Hasler), HR/Administration Manager (Susan Jones), Communications Coordinator (Sonia Gerken) and 11 members of the public in the gallery.

APOLOGY Cr Byars apologised for absence.

His Worship called for any conflicts of interest. Cr P Grant declared an interest in clause 3 - proposed parents hub due to his daughter-in-law being involved with the Gore Toy Library. His Worship advised today marked the 100th anniversary of when the first group of 18 young male volunteers left Gore to fight in World War 1. 1. CONFIRMATION OF MINUTES

RESOLVED on the motion of Cr Highsted, seconded by Cr Beale, THAT the minutes of the extraordinary meeting of the Gore District Council, held on Tuesday 17 June 2014, as presented, be confirmed and signed by the Mayor as a true and complete record. RESOLVED on the motion of Cr Page, seconded by Cr Gover, THAT the minutes of the ordinary meeting of the Gore District Council, held on Tuesday 24 June 2014, as presented, be confirmed and signed by the Mayor as a true and complete record.

2. PRESENTATION BY YOUTH COUNCILLOR Gore District Youth Councillors Luke Howden and Alex McWhirter were in

attendance and provided an update on forthcoming activities being undertaken by the Youth Council.

The Youth Councillors departed the meeting at 7.43pm

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3. REQUEST TO LEASE LAND ADJOINING GORE MULTISPORTS COMPLEX FOR A PROPOSED PARENTS HUB (SC081)

Cr Grant declared an interest in this item and withdrew from the table.

A report had been received from the Parks and Recreation Manager following a request from three local groups, Gore Toy Library, Gore Parents Centre and Gore Playcentre seeking to combine and consolidate their respective activities onto one site with one set of outgoings. The proposed location was on Council land located at 41 Charlton Road, adjoining the Gore multisports complex. A copy of the letter received from the three organisations and a map showing possible car parking options had been circulated.

In response to Cr Gover, the Manager said the proposed location shown on the map

was an indicative site. Cr Beale advised he had had a visit from a Thames Street resident who had relocated

when the multi-sports complex was constructed and who was now concerned that Thames Street would be opened up and have more traffic.

The Manager advised the Thames Street section had not been formed as a cul-de-sac. It indicated to him that it would be a continuation of what had been grazed paddocks and was now in Council ownership. It was fair to say that it may be opened up as roadway in the future. The use that was proposed did not fit from a zoning perspective so there would be a consultation process to be followed. Any concerned residents at that time would be consulted and have opportunity to have input into the process.

The Manager advised in response to His Worship that access to the site would be from the Thames Street end. Cr Highsted preferred to have a more exact position for the hub. In response to Cr D Grant, the Manager said the end of Wayland Street suggested by the three groups adjacent to the sports complex was held as recreation reserve whereas the area proposed and shown on the map was held in fee simple which was easier to progress. Cr Davis was very supportive of the proposal, but not the location. By allowing the centre to be located on the Charlton Road land, it prevented any opportunity for the Council to develop the area. Cr Sharp said when the Council purchased the land was for an access road from Charlton Road to the multi-sports complex. The proposal needed to be sited in a better position.

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RESOLVED on the motion of Cr D Grant, seconded by Cr Sharp, THAT the Council approve in principle the general project location subject to further information, AND THAT it instruct staff to progress discussions with Gore Toy Library, Gore Parents Centre and Gore Playcentre to the stage of reporting back to the Council with a specific proposal of project requirement.

2014/94 The Parks and Recreation Manager departed the meeting at 7:54pm 4. REPORT FROM MIGRANT SERVICES COORDINATOR

A report from the Migrant Services Coordinator covering activities undertaken in April and May had been circulated.

RESOLVED on the motion of Cr Gover, seconded by Cr P Grant, THAT the report be

received. 2014/95

5. SOUTHLAND SHARED SERVICES FORUM

A copy of the unconfirmed minutes of the meeting of the Southland Shared Services Forum held on 9 June had been circulated.

Cr Highsted noted the Chairman’s remuneration had doubled in four years. Was

there a reason for that?

His Worship said the workload had doubled and there was quite a lot more involved now than had been initially envisaged.

RESOLVED on the motion of Cr D Grant, seconded by Cr Dixon, THAT the unconfirmed minutes of the Southland Shared Services Forum meeting held on 9 June 2014, be received.

2014/96 6. SCHEDULE OF BUILDING CONSENTS

A schedule of building consents issued for June 2014 together with a comparison for the previous two years had been circulated.

RESOLVED on the motion of Cr Highsted, seconded by Cr Page, THAT the

information be received. 2014/97

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7. FUNDING OF FREE SWIMMING LESSONS FOR PRIMARY SCHOOL CHILDREN (SC0222)

A memo had been received from the Parks and Recreation Manager advising that the second year of the free swimming lesson programme for primary school children had been completed. In association with the Mataura Licensing Trust, a total of 1,120 children had been through year two of a three year programme. A new application needed to be made for the 2014/15 financial year through the Trusts Community Foundation. Cr Dixon asked if funding for the swimming lessons came from the Mataura Licensing Trust. His Worship said it came from the gaming profits generated at Trust establishments and the funding came through the Trusts Community Foundation. Cr Dixon felt the Trust was not actually contributing itself. His Worship said applications for gaming funding had to go through the Trusts Community Foundation. RESOLVED on the motion of Cr P Grant, seconded by Cr Gover, THAT the Gore District Council resolve to apply to the Trusts Community Foundation for the purpose of seeking financial assistance in the sum of $30,000 as the third instalment of the three year programme to enable free swimming tuition to be offered to primary school students in the Gore District.

2014/98 8. DISTRICT PLAN CHANGES (SC0466-SC0480)

A memo had been received from the Planning Consultant advising that the period for lodging appeals to the various plan changes that had been processed recently by the Council had expired. No appeals had been lodged. The Council was now required under the Resource Management Act to adopt the plan changes and provide public notice advising of the date when they became fully operative. RESOLVED on the motion of Cr Highsted, seconded by Cr Davis, THAT the Council adopt the following plan changes under clause 17 of the First Schedule of the Resource Management Act 1991:

Plan Change 4 Significant Trees Plan Change 5B Mixed Use Zone Plan Change 6 Heritage Structures Plan Change 7 Gore Townscape Zone Plan Change 8 Areas Susceptible to Inundation Plan Change 9 Geotechnical Investigations Plan Change 10 Subdivision

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Plan Change 11A Residential Zones - Height Plan Change 11B Residential Zones - Unserviced Sites Plan Change 11C Residential B Zone Plan Change 12A Rural Zone - Site Coverage Plan Change 12B Rural Zone - Residential Density Plan Change 13 Industrial Zone - Height Plan Change 14 Signs Plan Change 15 Yards Plan Change 16A Transport Section Deletions Plan Change 16B Reference to NZS 4404 Plan Change 17 Utilities - Electricity Transmission Plan Change 18A Hazardous Substances Table Plan Change 18B Definitions

AND THAT by way of public notice to be given on 21 August 2013, the plan changes be deemed operative on 27 August 2014.

2014/99 9. NEW COUNCIL DIGITAL NEWSLETTER (SC1008)

A memo had been received from the Communications Coordinator advising that a

new digital newsletter called ChinWag would be introduced to replace the noticeboard and Hokonui Herald. The cost would be $18,040 per year with the first edition due on 22 August. It would appear every second month in a digital format, be complemented by a four-page colour hard copy edition with a 1,000 copy print run and BE available from distribution stands located at nine locations in Gore and Mataura.

RESOLVED on the motion of Cr Davis, seconded by Cr D Grant, THAT the

information be received. 2014/100

10. MATAURA COMMUNITY BOARD REPORT

A copy of the report of the Mataura Community Board meeting held on 7 July had been circulated.

RESOLVED on the motion of Cr Dixon, seconded by Cr Gover, THAT the report of the meeting held on 7 July 2014 be received, AND THAT the recommendations contained within the report be ratified.

2014/101

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11. SUBMISSION ON THE DRAFT GOVERNMENT POLICY STATEMENT ON LAND TRANSPORT 2015/16-2024/25 (SC0756)

A memo had been received from the Roading Manager together with a copy of the submission (listed on pages 57-59) in the agenda that had been sent to the Government on its policy statement on land transport 2015. The Manager advised an anomaly had been discovered in the Government’s policy statement about bridge funding.

RESOLVED on the motion of Cr P Grant, seconded by Cr Davis, THAT the submission

dated 26 July 2014 be received, AND THAT the Council ratify the submission made.

2015/102

12. RURAL HALLS AND DOMAINS GRANT ALLOCATION

A copy of the minutes of the Rural Halls and Domains Sub-Committee meeting held on 28 July 2014 had been circulated.

RESOLVED on the motion of Cr Sharp, seconded by Cr Dixon, THAT the minutes of the meeting held on 28 July 2014 be received.

2014/103 13. SCHEDULE OF LANDUSE CONSENTS ISSUED

A schedule of landuse consents issued to 31 July had been circulated. RESOLVED on the motion of Cr Davis, seconded by Cr Beale, THAT the information be received.

2014/104 14. ALCOHOL LICENSING FEES (SC0428)

A memo had been received from the Chief Executive following consideration in November last year by the Regulatory and Planning Committee on new alcohol licensing fees that would be introduced as a result of the passing into law of the Sale and Supply of Alcohol Act 2012. A copy of the report that had been presented to the Committee and the recommendation that was subsequently endorsed by the full Council had been circulated. His Worship the Mayor had received a letter from the Mataura Licensing Trust expressing concern at the increase in fees being imposed by the Council. The new fee regime was risk based in the interests of a fee being aligned to reflect a high risk for alcohol related harm and the cost of monitoring compliance with licensed conditions. Any departure from the fees set would need to be effected via a specific bylaw.

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In response to Cr Davis, the Chief Executive advised some of the fees charged were remitted to Wellington and the rest was retained. He was keen to review the cost structure of collecting the fees. Cr Highsted noted the Mataura Licensing Trust was looking for a quick response to alleviate its concerns. The Trust also needed to be reminded that the creation of a District Licensing Authority and the fees had not been caused by the Council.

RESOLVED on the motion of Cr Highsted, seconded by Cr Page, THAT the letter from the Mataura Licensing Trust be received,

AND THAT the Council refer its concerns to the Regulatory and Planning Committee for further analysis.

2014/105 15. COUNCIL POLICY ON ELECTIONEERING SIGNS (SC0110/SC0949)

A memo had been received from the Chief Executive advising that the Council’s current policy on electioneering signs provided for the payment of $20 on the lodgment of any application for a permit to erect an electioneering sign. The current policy was unclear as to whether the fee was per sign or per application.

Cr Beale disagreed with political parties not having to pay a fee when other groups such as Gold Guitars and the Hokonui Fashion Awards had to pay. All applications required processing, regardless of who the applicants were.

The Chief Executive confirmed non-profit organisations paid $5 per week for signs placed on the Council provided frames at the entrance to Gore. Organisations that made a profit were charged $10 per week.

Cr D Grant moved THAT the fee for charging for electoral signs remain at $20 but there be no limit on the number of signs erected. The motion was seconded by Cr Gover.

Cr Bolger moved as an amendment THAT the fee be $20 per sign. The amendment was seconded by Cr Davis.

The amendment was put and it was carried.

The amendment then became the motion, was put and it was carried.

2014/106

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16. GORE DISTRICT COUNCIL RESIDENT SATISFACTION SURVEY (SC0204)

A memo had been received from the Chief Executive together with a copy of the 2014 resident satisfaction survey. The results indicated a familiar trend in terms of the activities of the Council that scored highest with resident satisfaction and the priorities that the public wished with Council to concentrate on. In that regard roading, water and footpaths had again been nominated as the top three issues.

His Worship was concerned that fewer residents had landlines and unless people

opted to complete the survey online, those who did not have a landline were not contacted. He said the Council would need to consider how to make contact with those people in the future. RESOLVED on the motion of Cr Davis, seconded by Cr Page, THAT the resident satisfaction survey for 2014 be received.

2014/107

17 COMBINED GORE DISTRICT COUNCIL/ST JAMES THEATRE TRUST WORKING PARTY – FINAL REPORT (SC0332)

A memo had been received from the Chief Executive advising that a working party

had been established by the Council last year comprising three representatives each from the Gore District Council and the St James Theatre Trust. The working party had been established to investigate the future of an interest free loan of $250,000 advanced to the Trust for its fly tower redevelopment project in 2008. A copy of the final report of the working party which addressed the approved terms of reference had been circulated.

A copy of the financial position of the Trust as at 2 June 2014 was tabled at the

meeting.

The working party had recommended that In recognition of the annual value to the community that the Trust’s activities provided, that the Council write off the sum of $15,000 per annum from the interest free loan for a maximum period of ten years. The working party also recommended that provided the Trust continued to offer a comprehensive range of movies and live performances during the 10 year period, the Council (in recognition of on-going community benefit and that dialogue with the Trust on repayment ability never took place) forgive $4.00 of debt for every $1.00 of debt payments made by the Trust towards the outstanding loan balance.

Cr Bolger said the St James Theatre Trust had opportunity to repay the remaining $100,000 of the loan at a 4:1 ratio if it was in a position to do so. It recognised the generosity of the ratepayers and if the Trust was in a position at some future date to return some of the funding, the option was there to do that.

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Cr Gover said the Trust simply did not have the finances to repay the loan, especially given it had not asked for it in the first place. The theatre also was an important part of the community and if it folded, then it’s ownership reverted to the Council. His Worship saw the theatre as an important facility in the community. The question was how best to recognise the value of it. He had taken a lot of learning with how the loan was delivered to the Trust and felt the Council had erred in terms of consultation in not giving a direct answer to what was asked for but instead imposed a commitment. He acknowledged the effort that had gone in to get an acceptable solution for both sides. He had a concern that a liability of a loan resting with the St James Theatre Trust may impede it with requirements for future development and maintenance. Cr D Grant said he was the Council representative on the Trust. The theatre was a huge asset to the community with one paid employee and a lot of volunteer input. He suggested the write off should be $25,000 per annum so that the loan would be repaid within 10 years. There was a $75,000 grant available from the Community Trust of Southland that could be uplifted to upgrade the front of house and then the small theatre. Cr D Grant moved THAT the report from the Gore District Council/St James Theatre Trust Working Party be received, AND THAT in recognition of the annual value to the community that the Trust’s activities provide, the Council write off the sum of $25,000 per annum from the interest free loan so that the loan would be cleared in ten years. The motion was seconded by Cr Davis. Cr Davis said the Council had never contributed a cent to the running of the theatre. It was operated almost entirely by volunteers. The Council happily granted $17,000 to rural halls, nearly $80,000 to the Gore A&P Association and $53,000 to Venture Southland. The Council needed to make a contribution to the theatre and increase the annual write-off amount. Cr Beale said the first priority of Councillors was to serve the ratepayers not other organisations. He said there was a degree of division in the community. The Council needed to have some credibility as did the Trust by making some contribution itself to repay a part of the loan. Cr Dixon said whether the Trust had asked for a loan or a grant, it was given a loan. The Trust knew what it was getting and he agreed there had to be something paid back. It was not just the $250,000, it was the interest on top of that amount which probably added another $60,000. The theatre was a business. He could not vote in favour of wiping the entire loan.

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Cr Sharp said the building could easily face earthquake strengthening and questioned how would that be paid for. He suggested paying $15,000 for ten years and then review the balance after that time. However, Cr D Grant’s suggestion was sweeter than his. Cr Highsted recalled the debate when the Council considered the request for a grant. He had a young family and said the theatre was a great place they could go. It was part of arts and heritage in the district and the Council invested a lot of money in that. He had one question and that was the absence of the Gore Musical Theatre financial statements, however, he did not want proceedings to be held up pending receipt of those. But for completeness, the Council should have them. Cr Bolger said the money advanced was an interest free loan. He did not believe the Trust had been disadvantaged by having an interest free loan. In fact it had probably saved around $80,000 interest it did not have to pay. He asked those who were speaking against the recommendation why they had waited so long to speak about their opposition. The recommendation did not disadvantage the Council or the Trust. It gave both parties direction for the next ten years. He asked where the money came from. The Trust was a fantastic organisation. The money had been advanced by the Council from the ratepayers. There was no disadvantage in reviewing the loan after ten years. His Worship acknowledged the points raised by Cr Bolger and the ratepayers deserved a return on investment, but how was that measured. He believed measuring it from a purely financial perspective came up short. The motion was put and it was carried.

2014/108

His Worship thanked Crs Bolger and Gover for the work they had put into the Working Party. He said it was not the result they had been working towards, but the Council had recognised the value the facility provided to the community and would continue to do so for many years to come.

18. APPEAL AGAINST MENACING DOG CLASSIFICATION (SC0393)

A memo had been received from the Chief Executive following recent publicity of an attack by a dog on a person that occurred on 27 July at the address of 32 Railway Esplanade, Gore. Following the consideration of written statements by witnesses and the victim, together with a report from the Council’s dog control contractor, the Chief Executive made the decision to classify the dog as “menacing” under the Dog Control Act 1996. A copy of a letter of complaint submitted by the mother of the victim that asked for a review of the decision to classify the dog as menacing had been circulated with the agenda. A copy of a letter from the owner of the dog objecting to the menacing classification had also been circulated. Given the objection and complaint received,

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the Council would need to appoint a hearing panel to consider the issue in accordance with section 33(B) of the Dog Control Act 1996. Cr Davis moved THAT a sub-committee comprised of Cr Highsted as Chair, Cr P Grant and Cr Gover be formed, pursuant to section 33 (B) of the Dog Control Act 1996, to consider objections received to the proposed menacing classification of a Neapolitan Mastiff cross dog domiciled at 32 Railway Esplanade, Gore, as menacing, AND THAT the sub-committee be given the delegated authority to make a determination on the objections, in accordance with section 33(B) of the Dog Control Act 1996. The motion was seconded by Cr Page.

Cr Sharp asked if the sub-committee had the power to put the dog down.

The Chief Executive advised it did not.

Cr Sharp said one of his staff had told him the dog had attacked four times.

The Chief Executive said the dog was not known to the Council.

Cr Sharp said it was going to get worse one day and it would be embarrassing for the Council.

His Worship asked what he wanted to be done.

Cr Sharp said put the dog down.

His Worship said the Council did not have the power to do so and he knew that.

Cr Gover suggested if the dog had attacked in the past then that needed to be reported to the Council.

The motion was put and it was carried.

2014/109 19. REPORT FROM COUNCILLORS

Reports from Crs Beale, P Grant, Gover, Davis, Byars, His Worship the Mayor, Page and D Grant had been circulated. Cr Beale asked the Council to note an amendment to his report and said he had been unable to attend the AGM of the Gallery on 3 August due to illness.

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RESOLVED on the motion of Cr Gover, seconded by Cr Davis, THAT the reports be received.

2014/110

The meeting concluded at 9pm.

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Report of the ordinary meeting of the Community Services Committee held in the Council Chambers, 29 Civic Avenue, Gore on Tuesday 2 September 2014, at 4.00pm.

Present His Worship the Mayor (Tracy Hicks, JP), Cr P Grant (Chairperson), Crs Beale, Bolger, Byars (from 4.22pm), Davis, Dixon, Gover, Highsted, Page and Sharp.

In Attendance The General Manager District Assets (Mr Paul Withers),

General Manager Community and Strategy (Mr Aaron Fox), Roading Manager (Mr Murray Hasler), 3 Waters Asset Manager (Mrs Sarah Crooks), Chief Financial Officer (Mr Luke Blackbeard), Building Control Manager (Mr Russell Paterson), Senior Regulatory Officer (Mrs Frances Shepherd), Senior Planner (Mr Howard Alchin), Communications Coordinator (Sonia Gerken), Arts and Heritage Curator (Mr Jim Geddes), Library Manager (Ms Lorraine Weston-Webb), Corporate Support Officers (Mrs Kylie Weir and Mrs Tracey Millan).

Apologies The Chief Executive and Cr D Grant apologised for absence. _________________________________________________________________________ Cr P Grant asked for any conflicts of interest. None were received.

1. UPDATE FROM VENTURE SOUTHLAND Two reports had been received from Venture Southland. The Chief Executive of

Venture Southland Mr Paul Casson was in attendance and provided an update on recent activities undertaken.

RECOMMENDED on the motion of Cr Highsted, seconded by Cr Dixon, THAT the reports be received.

2. REPORT FROM YOUTH DEVELOPMENT COORDINATOR

The Committee perused the report from the Youth Development Officer.

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Cr Gover added the Youth Council was looking to try and have another speed dating event with Councillors before the Council meeting on 23 September. It was decided to have it at 6.00pm. Cr Gover also advised that the Youth Awards would be held on 6 December. The Youth Council had put a proposal together to host the awards at the St James Theatre rather than the Town and Country Club. RECOMMENDED on the motion of Cr Gover, seconded by Cr Davis, THAT the report be received.

3. REPORT OF THE DISTRICT ARTS AND HERITAGE CURATOR

The Committee perused the report from the Arts and Heritage Curator. The Curator informed the Council that the Gallery had a better than expected winter with activities and numbers. He added this appeared to be repeating itself annually with winter becoming one of the busier periods for cultural activity. Cr Sharp reported that he had been shown though Clematis Cottage by David Luoni and he was impressed at what a good job had been carried out. RECOMMENDED on the motion of Cr Beale, seconded by Cr Bolger, THAT the report be received.

Cr Byars now attended the meeting.

4. REPORT OF THE PARKS AND RECREATION MANAGER The Committee perused the report from the Parks and Recreation Manager. Cr P Grant reported a positive outcome following the person responsible for wilful damage being caught on CCTV. Cr Davis commented on how some of the new equipment had been sourced at the Southern Field Days and that it was good to see the Council supporting local businesses. Cr Beale asked if the Council still sold off the plants as they got rotated between each season from the flower beds as a fundraiser. The General Manager District Assets advised he was not sure if this still happened.

RECOMMENDED on the motion of Cr Dixon, seconded by Cr Bolger, THAT the

report be received.

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5. GORE AQUATIC CENTRE MAINTENANCE SHUTDOWN (SCO208)

A memo had been received from the Parks and Recreation Manager updating the Committee following the first maintenance shutdown at the Gore Aquatic Centre. In response to Cr Davis, the General Manager District Assets believed a detailed record had been kept during the shutdown. It included any good practices and processes and what solutions may be for any future shutdowns. The Chief Financial Officer informed Cr Sharp that the budget had always been set for $320,000 in the Annual Plan for the shutdown and it had never been budgeted at $60,000.

RECOMMENDED on the motion of Cr Davis, seconded by Cr Page, THAT the information be received.

6. REPORT OF THE LIBRARIES MANAGER

The Committee perused the report from the Library Manager. Cr Bolger said it was pleasing to read the Chief Executive had made himself available to meet people in a public environment with a visit to Pukerau School.

RECOMMENDED on the motion of Cr Gover, seconded by Cr Highsted, THAT the report be received.

7. REPORT OF THE AQUATIC SERVICES MANAGER

The Committee perused the report from the Aquatics Services Manager. The General Manager District Assets noted the Event Centre had been busy with a number of functions since June and it was good to see the complex functioning again after the shutdown.

RECOMMENDED on the motion of Cr Bolger, seconded by Cr Sharp, THAT the report be received.

8. REPORT OF THE GORE VISITOR INFORMATION CENTRE MANAGER

The Committee perused the report from the Information Centre Manager. Cr Highsted stated that it was interesting to see the number of phone enquiries changing and how customers were using different ways to connect with the change in communication options.

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RECOMMENDED on the motion of Cr Sharp, seconded by Cr Davis, THAT the report be received.

The Building Control Manager and Senior Regulatory Officer attended the meeting at 4.34pm.

9. REPORT OF THE COMMUNICATIONS COORDINATOR/BRAND MANAGER

The Committee perused the report from the Communications Coordinator. In response to Cr Davis, the Coordinator advised the number of people who had so far signed up to ChinWag was 1,500. In response to Cr Beale the Targa rally was stopping in Gore for an hour in October after completing stages in Knapdale and Waikaka. The rally participants would be at the Gore A and P Showgrounds for lunch between 12.30-1.30pm.

His Worship the Mayor added it was quite a big event and would bring some focus to Gore and some influential people as part of the organisation. His Worship said he was interested to see the statistics around Facebook and the connection it had with members of the public and the potential it had to get the message out.

RECOMMENDED on the motion of Cr Beale, seconded by Cr Dixon, THAT the report

be received. 10. ATTENDANCE BY COUNCILLOR AT 2015 TAMWORTH COUNTRY MUSIC FESTIVAL

(SCO294)

A memo had been received from His Worship suggesting it would be appropriate for a Councillor to attend the 2015 Tamworth country music festival. His Worship said it was an opportunity to expose a Councillor to the Tamworth festival, how it operated and its connection to the Gore District Council. It would provide an understanding and assistance to modify what Tamworth did and apply it in Gore - not just to the Gold Guitars - but other events. He believed there needed to be a connection with the business people and sell them the benefits that would come from events being held locally. Cr Davis believed a visit would be beneficial as quite often it was seen as a remote event that had an impact on Gore when it come to the Gold Guitars however, there was not a lot else that happened apart from school exchanges and speech competitions that were held every year. It would be a good way to encourage businesses to get involved in events and see the benefit for themselves.

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RECOMMENDED on the motion of Cr Davis, seconded by Cr Bolger, THAT the Council authorise the attendance of Cr D Grant at the 2015 Tamworth country music festival, from 20 to 25 January 2015.

The meeting concluded at 4.39pm.

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1 Ops\Mins\09/14

Report of the ordinary meeting of the Operations Committee held in the Council Chambers, 29 Civic Avenue, Gore on Tuesday 2 September 2014, at 5.21pm.

Present His Worship the Mayor (Tracy Hicks, JP), Cr Davis (Chairperson), Crs Beale, Byars, Bolger, Dixon, Gover, P Grant, Highsted, Page and Sharp.

In Attendance The General Manager District Assets (Mr Paul Withers),

Roading Manager (Mr Murray Hasler), 3 Waters Asset Manager (Mrs Sarah Crooks), Chief Financial Officer (Mr Luke Blackbeard), Communications Coordinator (Sonia Gerken), Senior Planner (Mr Howard Alchin) and Corporate Support Officers (Mrs Tracey Millan and Mrs Kylie Weir).

Apologies The Chief Executive and Cr D Grant apologised for absence. ___________________________________________________________________________ Cr Davis asked for any conflicts of interest. None were received. 1. ASSET MANAGEMENT REVIEW OF GORE AND MATAURA STOPBANKS (SC0913)

A memo had been received from the General Manager District Assets together with reports provided by Environment Southland, giving an update on the status of the stopbanks.

Cr Davis said it was heartening to read in the report that the stopbanks in the District were in reasonably good condition.

The General Manager said Environment Southland had a significant responsibility around stopbanks and flood control and were keen to understand the level of flood protection the community felt it required while it completed its 30 year asset strategy plans. Whilst the plans were not required to be finalised until 2018, the next three years provided an opportunity to consult with the community and the methodologies and costs to achieve that. The first item it wanted to consider was the smoothing of the floodway from Gore to Mataura, so flood water could move

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through it quicker and make the floodbanks more effective. Further work would need to be carried out over time to keep the flood risk at an acceptable level.

Cr Bolger said he thought the predictions from the Intergovernmental Panel on Climate Change (IPCC) contained in the report around climate change were wrong. He would support the enhancement and maintenance of stopbanks as it had been proven that higher stopbanks prevented flooding.

Cr Sharp said there was scientific proof around the climate change predictions.

Cr Davis said that was a subject for outside the current meeting.

Cr Sharp said it was a serious issue and not something the Council should turn its back on.

Cr Bolger said a maintenance plan for the floodbanks was required and should be budgeted for in the Long Term Plan.

His Worship said the issue could be debated for a long time. The challenge now was how to handle the information received. The Council needed to take the issue seriously and work constructively with Environment Southland to come up with a plan that could span a couple of generations. The Council could not walk away and say it was too hard as flooding could wreak havoc on the community.

In response to Cr Highsted, the General Manager said he considered a joint option with Environment Southland was the best way forward.

RECOMMENDED on the motion of Cr Highsted, seconded by Cr P Grant, THAT the report be received,

THAT the Council establish a joint working party with Environment Southland to identify realistic options for mitigating flood risks to Gore and Mataura townships, identified by the September 2011 report of NIWA,

AND THAT the Council representatives on the working party comprise Cr Beale, Cr Bolger and Cr Sharp and the General Manager District Assets.

2. GORE TRANSFER STATION ACCIDENT MITIGATION WORK (SC0699)

A memo had been received from the General Manager District Assets together with a copy of an ergonomic report of a recent review of both facilities in the District. The General Manager said the risk at the Gore transfer station was what a person could potentially land on if they fell into the pit. The risk needed to be mitigated. An ergonomic review had been completed and a rail was proposed to be installed in front of the tipping edge and a wheel stop put in place two metres from the edge. A similar set up had been successfully installed at the Winton transfer station. A gate for tipping trucks would be available.

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In response to Cr Dixon, the General Manager advised costs were not yet available, however, would be funded from the operational budget as it was a health and safety issue. In response to Cr Highsted, the General Manager advised staff at the transfer station were now Bond contract employees. RECOMMENDED on the motion of Cr Byars, seconded by Cr Sharp, THAT the information be received.

3. REPORT OF 3 WATERS ASSET MANAGER – JULY-AUGUST

The Committee perused the report from the 3 Waters Asset Manager.

In response to Cr Dixon asking who would pay for the realignment of a new water main that had been completed for a new dairy underpass at North Chatton, the Manager said several realignments had been done and were charged to the Otama water scheme, who then on charged to the property owner.

In response to Cr Dixon, the General Manager said the Ajax pump station was a multi-year project and design work would continue in years to come.

In response to Cr Beale asking how many cast iron pipes were in the system, the 3 Waters Manager said a review of the renewal programme was currently being carried out by senior staff. There were several cast iron pipes in the network. The lifespan of a cast iron pipe was 80-100 years.

In response to Cr Sharp advising that he had not yet received a report on the Racecourse Road drainage issue offered by the Chief Executive, Cr Davis said a note would be made for the Chief Executive to contact Cr Sharp about the issue.

RECOMMENDED on the motion of Cr Grant, seconded by Cr Dixon, THAT the report be received.

4. REPORT FROM ROADING MANAGER – MAY-AUGUST

The Committee perused the report from the Roading Manager.

The Manager said although the weather had been persistently wet, there had been no major problems, although it had caused the grading of gravel roads to only last a couple of weeks so staff were in catch up mode. The wet weather had also caused slight imperfections on sealed roads to turn into potholes. They were being repaired at present.

He advised Fulton Hogan had been experiencing staffing problems with the paving marking contract that had initially been going to be a long term contract. It had been mutually agreed not to extend the contract. He was in discussions with

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Downer about undertaking the pavement markings for the next couple of years as it was the only company in the province with appropriately skilled staff.

In response to Cr Davis asking where that left the Council’s contract with Fulton Hogan, the Manager said it paid in stages and reduced payment for reduced services, so had not paid for anything it had not received.

RECOMMENDED on the motion of Cr Sharp, seconded by Cr Page, THAT the report be received.

5. WATER MAIN REPLACEMENT – ALBANY STREET, GORE (SC0650)

A memo had been received from the 3 Waters Asset Manager regarding the scheduled works to replace water mains in Albany Street and Devon Street.

The Manager said it had been exciting to get work underway on the Albany Street project.

RECOMMENDED on the motion of Cr Grant, seconded by Cr Highsted, THAT the report be received.

The meeting closed at 5.56pm.

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1 RegPlg\Mins\09/14

Report of the ordinary meeting of the Regulatory and Planning Committee held in the Council Chambers, 29 Civic Avenue, Gore on Tuesday 2 September 2014, at 4.40pm.

Present His Worship the Mayor (Tracy Hicks, JP), Cr Highsted (Chairperson), Crs Beale, Bolger, Byars, Davis, Dixon, Gover, P Grant, Page and Sharp.

In Attendance The General Manager District Assets (Mr Paul Withers),

Roading Manager (Mr Murray Hasler), 3 Waters Asset Manager (Mrs Sarah Crooks), Chief Financial Officer (Mr Luke Blackbeard), Building Control Manager (Mr Russell Paterson), Communications Coordinator (Sonia Gerken), Senior Planner (Mr Howard Alchin), Senior Regulatory Officer (Mrs Frances Shepherd), Corporate Support Officers (Mrs Tracey Millan and Mrs Kylie Weir).

Apologies The Chief Executive and Cr D Grant apologised for absence. ___________________________________________________________________________ 1. SCHEDULE OF BUILDING CONSENTS ISSUED

A memo had been received from the Chief Executive along with a schedule of building consents issued for July 2014, together with comparisons of the previous two years. In response to Cr Dixon saying it was time the Council looked at squashing the policy around subsidising the construction of underpasses on rural farming properties, Cr Bolger said funding came from rural rates. Farming was the main business in the District. The Roading Manager said the New Zealand Transport Authority (NZTA) partially funded the construction of underpasses through its minor safety improvements budget. Rural and urban motorists as well as farmers were advantaged in terms of convenience and safety. An underpass allowed for the transporting of four wheeler bikes and other farm vehicles. It had been nationally recognised that they were worth investing in.

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In response to Cr Bolger, the Manager said areas with a higher traffic volume attracted a higher percentage subsidy. Farmers in the Gore District usually received a subsidy of between 5%-20% from NZTA and the Council subsidised 25% of that amount. In response to Cr Sharp, the Manager said $100,000 was the average cost for the construction of an underpass, however, prices varied. Cr Sharp said he agreed with Cr Dixon. Cr Highsted suggested the Council could ask for a report be received from Council staff. . Cr Davis said a report had been provided some months ago. She did not see the point of regurgitating the issue. Cr Byars said road safety was the most important thing. More farms were being converted to dairy so more underpasses would be built. The Manager added underpasses were also constructed on sheep farms. RECOMMENDED on the motion of Cr Davis, seconded by Cr Gover, THAT the information be received.

2. ANIMAL CONTROL ACTIVITIES REPORT FOR JUNE AND JULY 2014

The Committee perused the June and July report from the Animal Control contractor.

In response to Cr Dixon, Cr Davis said the nearest desexing facility was in Invercargill. Investigation into providing a facility in Gore had been carried out previously, however, numbers were not high enough and there was not a vet willing to come to Gore to provide the service. Impounded dogs were usually desexed before being released.

In response to Cr Beale querying why there had been six dogs impounded during July and no infringement notices issued, the Senior Regulatory Officer said fees were charged on the second and third impoundment.

RECOMMENDED on the motion of Cr P Grant, seconded by Cr Beale, THAT the reports be received.

3. PROCESSING OF REQUESTS TO REMOVE STREET TREES (SC0381) A memo had been received from the Parks and Recreation Manager regarding two requests received by the Council for trees to be removed from land for which it was responsible. A copy of the District Tree Policy 2005 had also been circulated.

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Cr Davis said she now thought the second request, to remove trees on the corner of Hyde and River Streets was straightforward and a panel was not necessary. The Council could make a decision about the trees. She said more information was required about the trees in the Main Street such as the condition of the trees, whether they could be uprooted and replanted and what replacement options would be available. The Council could then decide how to proceed. Cr Bolger said the issue of the trees in the Main Street could become controversial and a panel could be required in the future. A report was required from the Parks and Recreation Manager in the first instance. He agreed that the Hyde Street trees were a straight forward issue that Council staff could deal with. The General Manager District Assets said when the Hyde Street issue was raised he had visited people most affected by the trees and they had raised more safety concerns. The road was probably the busiest in the District. He and the Roading Manager had arranged for a safety and investment report to be completed about the intersection and had since received a draft report that identified the trees were definitely a safety issue. More treatment would probably be considered in time. Cr Beale said he observed the corner in question on a daily basis and it was a matter of when, not if, a serious incident occurred. A lot of people frequented the dance hall on Hyde Street each day and often did a U turn in their vehicles. It was like playing Russian roulette. The three trees needed to be removed. In response to Cr Highsted, the General Manager said the issue had been that the trees were on reserve land which meant there was a process around removing them that staff had to follow. It was up to the Council to decide whether to follow that process or alternatively to take a more expedient approach. Cr Davis quoted text from the Tree Policy that allowed for the removal of trees if safety was an issue. Cr Dixon said he could not understand why a common sense approach had not been used already and the trees removed. In response to Cr Davis, the Roading Manager said the sooner the trees were removed the better. Cr Davis recommended THAT based on road safety issues, the three trees on the Hyde Street reserve be removed as soon as practicable. The recommendation was seconded by Cr Sharp.

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Cr Bolger said he also wanted the trees removed, however, he did not want to see the Council get itself in trouble for removing them. He would like to be satisfied first that it would not be a contravention of the Council’s District Tree Policy. The General Manager said road safety was paramount. The trees had always been a good shelter belt against southerly winds for sports players and spectators on the field. Some balance in consideration was needed. Cr Beale said the majority of spectators stood on the Oldham Street side of the park. Cr Davis said common sense was required. If the policy said no, it was wrong and should be revisited. She was happy with the recommendation. Cr Bolger moved an amendment THAT subject to staff being satisfied to the status of the trees, based on road safety issues the three trees on the Hyde Street reserve be removed as soon as practicable. The amendment was seconded by Cr P Grant. His Worship reminded the meeting that all committee recommendations went to the full Council for ratification. There was a timespan to alert the Council to any possible contraventions before that. The amendment was put and it was lost. The recommendation was put and it was carried. RECOMMENDED on the motion of Cr Davis, seconded by Cr Gover, THAT the Council request further reports from Council staff be provided about the trees in Main Street, the condition of the trees, whether they can be removed and replanted and what could replace them. -

4. PUBLICISING OFFENDING DOG OWNERS (SC0393)

A memo had been received from the Chief Executive following a request from Councillors for a report on the privacy issues associated with the publication of names and addresses of the dog owners. In response to Cr Highsted, Cr Sharp said there were 20 wandering dogs recorded in July. The theory about let sleeping dogs lie was not working. RECOMMENDED on the motion of Cr P Grant, seconded by Cr Dixon, THAT the report be received.

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5. ALCOHOL LICENSING FEES (SC0951)

A memo had been received from the Chief Executive together with a comparison of fees between the Sale of Liquor Act 1989 and default fees under the Sale and Supply of Alcohol Act 2012. Cr Highsted said there was a significant amount of work involved in the signing off of default fees charged. The Senior Regulatory Officer advised most sports clubs were rated as low risk. The RSA and Town and Country Club were rated medium and high for their on and off licences. The MLT had a mixture of high and medium risk ratings. Some would have been very high with the failed Controlled Purchase Operations (CPO’s) in the last couple of years, however there was a clean slate from 18 December 2013. The risk rating was based on what a licence allowed an establishment to open. The MLT’s 24 hour licence had been put back to 4am in line with the default hours in the new Act. In response to Cr Beale asking what the reasoning was behind a clean slate, the Officer said it was decided to be fair to everyone when the new Act came into force. His Worship said the premise around the decision was that it was a new piece of legislation that would be a fresh start for everyone. In response to Cr Highsted asking what effect the changes had made to the Council’s workload, the Officer said in the licensing area, it had more than doubled her own work. His Worship said it was important to have some consistency across the province. There was a bit of a mixed bag. He did not agree with the approach the Southland District Council was taking in putting ratepayer subsidisation into alcohol licensing. He was interested in what Invercargill City Council was doing in terms of developing its LAP. In response to His Worship asking where the process was at, the Officer said another meeting would be held the following week to hear a submitter that had been omitted from the original hearings. A review would be held after 12 months. The Officer said the adoption of an LAP would not change the administration processes. RECOMMENDED on the motion of his Worship, seconded by Cr Page, THAT the report be received, THAT the Council opt to continue with the default fees for alcohol licenses as set out in the Sale and Supply of Liquor (Fees) Regulations 2013,

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THAT the Council note that unless the track record of a licensee dictates otherwise current licensees will be offered a risk rating one step lower than what would normally be assigned, as a measure to soften the impact of the new fee regime for licensees, AND THAT following the adoption of the LAP, the Council review the process.

The meeting closed at 5.20pm.

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1 FinRep\9.14

Report of the ordinary meeting of the Finance and Policy Committee held in the Council Chambers, 29 Civic Avenue, Gore on Tuesday 2 September 2014, at 5.56pm.

Present His Worship the Mayor (Tracy Hicks, JP), Cr Bolger (Chairperson), Crs Beale, Byars, Davis, Dixon, Gover, P Grant, Highsted, Page and Sharp.

In Attendance The General Manager District Assets (Mr Paul Withers),

Roading Manager (Mr Murray Hasler), 3 Waters Asset Manager (Mrs Sarah Crooks), Chief Financial Officer (Mr Luke Blackbeard), Communications Coordinator (Sonia Gerken), Senior Planner (Mr Howard Alchin), Corporate Support Officers (Mrs Kylie Weir and Mrs Tracey Millan).

Apologies The Chief Executive and Cr D Grant apologised for absence.

1. GORE A&P JOINT MANAGEMENT COMMITTEE (ANNUAL ACCOUNTS) (SC0322)

A memo had been received from the Parks and Recreation Manager together with a copy of the annual report of the Joint Management Committee for the year ending 30 June 2014. Cr Davis referred the Councillors to the balance sheet and informed them that it had a bit of reserve there and that it is ear marked for some maintenance around the rings to cover some concreting and driveways that needed to be done. In response to Cr P Grant, the Chief Financial Officer stated that the grant received from the Council was adjusted by CPI each year. .

RECOMMENDED on the motion of Cr Davis, seconded by Cr Sharp, THAT the information be received.

2. CORRECTION TO COMMITTEE STRUCTURE AND DELEGATION REGISTER (SC0112)

A memo had been received from the Chief Financial Officer regarding the omission of the Parks and Recreation Manager as an authorised bank signatory and amending the Committee Structure and Delegation Register as a result.

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RECOMMENDED on the motion of Cr Sharp, seconded by Cr P Grant, THAT the Parks and Recreation Manager be added to the Committee Structure and Delegation Register as an authorised bank signatory.

3. GORE AQUATIC CENTRE - FUNDING OF FREE SWIMMING LESSONS FOR PRIMARY

SCHOOL CHILDREN (SC0222)

A memo had been received from the Parks and Recreation Manager updating the Council following the first two years delivery of free swimming lessons to primary aged school children in the Gore District. Cr Davis stated that the Mataura Licensing Trust initially offered $30,000 per year and expected that the Council would fund $20,000. It was now costing the Council three times that, which was a burden to ratepayers. It was a great programme and fantastic for the district which she fully supported, however there needed to be discussions around funding. Cr Dixon stated that at the end of the day what price did the Council put on a child learning to swim and potentially saving a life or the life of another. He believed that the Gore District was the envy of other Councils for having two swimming pools.

The Chief Financial Officer stated the $62,000 was the total cost of the programme and it had been funded by $30,000 from the Mataura Licensing Trust and $20,000 from the Council. The extra $12,000 was essentially being covered by the Council for now. In response to Cr Byars, Cr Bolger advised all the schools in the district had the opportunity to take up the offer and some schools outside the district had had the opportunity to participate. The Chief Financial Officer could not confirm which schools had taken up the offer but it was available to them all.

RECOMMENDED on the motion of Cr P Grant, seconded by Cr Page, THAT the information be received,

THAT the Council approve in principle an extension of three years to the free swimming lesson programme providing that the current funding partnership with the Mataura Licensing Trust continues,

AND THAT the Council instruct staff to enter into dialogue with the Mataura Licensing Trust to seek its approval to extend the free swimming lesson programme to primary aged schoolchildren for a further period of three years, with a further report to the Council for ratification.

The meeting concluded at 6.06pm.

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COUNCIL MEETING AGENDA TUESDAY 23 SEPTEMBER 2014 5. PRESENTATION FROM YOUTH COUNCILLOR

Youth Councillor Alec McWhirter will be in attendance to give a presentation to the Council about his attendance at the recent Festival of the Future workshop held in Auckland.

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6. PRESENTATION ABOUT SOUTHLAND MUSEUM REDEVELOPMENT Mr Paul Horner, Building Assets and Museum Manager with the Invercargill City

Council will be in attendance to provide a presentation on the Southland museum redevelopment.

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7. WASTENET WASTE ADVISORY GROUP MEETING MINUTES (Memo from General Manager District Assets –12.08.14) A copy of the draft minutes from WasteNet Waste Advisory Group meeting held on 19 June is attached, for the Council’s information. RECOMMENDATION THAT the minutes of the meeting held on 19 June be received

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MINUTES OF THE WASTE ADVISORY GROUP HELD IN THE COUNCIL CHAMBER, INVERCARGILL CITY COUNCIL, 101 ESK STREET, ON THURSDAY 19 JUNE 2014

AT 9.30AM PRESENT: Cr N Davis Cr I Pottinger Cr N Paterson Cr L Thomas IN ATTENDANCE: Mr P Withers

Mr I Evans Mr M Loan Ms D Peterson

Miss N Philpott (Committee Secretary) 1. APOLOGIES Cr Bolger Cr Dobson Mr I Marshall Moved Cr Paterson, seconded Cr Pottinger and RESOLVED that the apologies

be accepted. 2. PUBLIC FORUM

Representatives of the Ministry for the Environment (MfE) are in attendance to provide an update on solid waste matters. Ms Natasha Lewis spoke on the following topics: Review Waste disposal Levy They have collected $120 million dollars since it was introduced five years ago. Half of that has gone out to City and District Council’s the other half has gone out to projects in the Waste Minimisation Fund. This review is a statutory review for the Minister for the Environment and is due to wrap up in the next few weeks. The key finding from this review is that at present the levy is applying to about 30% of waste we dispose to land in New Zealand and that is a result of the way in which the definition was set up. The definition refers to facilities that receive household waste, and therefore there are a significant number of facilities that don’t receive household waste and are therefore not subject to the levy. From a policy perspective the levy was not setup just to levy households it was intended to levy waste so that was a key issue out of that review that we will be looking to tackle over the coming years.

Product Stewardship

At the moment they are in the middle of public consultation to get public feedback on the priorities MfE have chosen and potential product stewardship, it is about setting up mechanisms to require shared responsibility of management of products. The four which they have chosen are tyres, agricultural chemicals and farm plastics, electronic waste, and refrigerant gases. Submissions close for this on the 02 July 2014.

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Funding The Waste Minimisation Fund is a government fund open to everyone. The challenge with the funding is that the projects need to be able to demonstrate wider benefits beyond the District or the City eg can be replicated. That is what that funding is there for and is intended to achieve, and to promote Waste Minimisation. MfE encourages the Southland region to put in applications. Cr Davis invited members ask any questions they had. Cr Thomas asked if MfE reports the successful ideas from this initiative out to the regions so that they can look at picking those ideas up also. Ms Lewis advised that they do put information on their website but it is best to talk with them on a case by case basis if there is one of interest as people can get quite sensitive sometimes about sharing particular information, but when it is Council involved it is easier to get the information out. Cr Pottinger asked if they had considered glass for product stewardship. Ms Lewis said that the government wants the MfE to focus on hazardous waste at the present time, this may change after the submission process but at this stage they are focusing on hazardous waste. Cr Davis asked what the MfE had in mind for electronic waste. Ms Lewis advised that electronic waste is a stream that they are currently working on. It had quite a lot of focus over the last year with the “TV take back” programme that ran around the Country. It was useful in understanding the immaturity of the sector and recycling it in a way that meets international requirements. It is an area the government has invested a significant sum of money into over the last few years. This project showed that the public want to recycle their TV but they aren’t willing to pay more than $5 to do that at the end of the TV’s life. They have a project which is just kicking off that has the industry involved and engaged in coming up with some solutions of how the scheme could operate effectively.

3.0 PREVIOUS MINUTES

Moved Cr Davis, seconded Cr Thomas and RESOLVED that the minutes of the meeting of 6 March 2014 be accepted with the following correction:

Page 2, Section 3 Quarterly Action Report, paragraph 10 – Regulatory Hazardous waste collection the cost should be $4,900 not $4,000.

3.1 Matters Arising Ms Peterson tabled a report titled ‘Agrichemicals and Hazardous Waste’. Ms Peterson spoke to this report. The committee discussed whether Environment Southland supported the Agrecovery programme in their recently adopted Annual Plan. Cr Davis asked that this matter be followed up on and report back to the next committee meeting.

4.0 QUATERLY ACTION REPORT

Ms Peterson spoke to this report, noting that this report document the significant actions undertaken during the February to April quarter. The two key projects that have been worked were the Business Case on how to reduce contamination levels in our yellow recycling bins and; working with WasteMINZ Behaviour Change Sector Group on their National Food Waste project.

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Moved Cr Thomas, seconded Cr Pottinger and RESOLVED that the Waste Advisory Group receives the Quarterly Action Report.

5.0 QUARTERLY FINANCIAL REPORT Cr Davis asked about the conclusion, it reads that the net financials result for

the ten month period is above budget and whether this amount includes credits of $224,000 which are intended for transferred to reserves or to be paid to the WasteNet Councils. Mr Loan said that this $224,000 is made up of $196,000 which is to go into reserves as agreed in a previous meeting and the remainder is to be returned to the WasteNet Councils. Cr Davis said the conclusion doesn’t read very clearly and asked for this to be clearer (the financial report) for the next meeting.

Cr Pottinger asked how long the emission trading scheme deal with AB Lime is

set for. Mr Evans responded that this is fixed for three-years. Mr Withers commented that this allows for a smoother step change that may occur should we renegotiate in three years time.

Cr Pottinger commented that AB Lime and consequently WasteNet did not

agree with how the emission trading scheme is calculated for the Southland Regional Landfill. Cr Davis commented that it would be timely to have an update on this matter directly from AB Lime at the next meeting.

Moved Cr Pottinger, seconded Cr Thomas and RESOLVED that the Waste

Advisory Group receives the Quarterly Financial Report. 6.0 BARRIERS TO RECYCLING AT HOME

Cr Davis invited members to discuss this report. Cr Thomas raised the issue that this may be a false analysis as there are 32,000 premises we collect from and only 310 people completed the survey so the data in his eyes cannot be accurate. Cr Davis asked how people were invited to participate. Ms Peterson responded that a media release was issued, the WasteNet Councils promote the survey within their own networks (website, social media) and WasteNet offered an internal challenge to the Council agencies. Ms Peterson agreed with Cr Thomas’s comment that on page 27, third paragraph the report notes that this research is not robust in terms of a statistically detailed poll, but it does give a high level picture for going forward into the future. To get a more robust survey it would have to be done by a market research company. The reason that this survey was done was the cost involved was only staff time and the online survey was done completely in house through a programme that the Invercargill City Council had access too at the time. Cr Pottinger comment that this is a good start, although the numbers may waiver, it still shows a human behavioural pattern and some of the issues with recycling. Cr Davis commented that while the validity of the survey was in question, it still shows what the issues are, and that there are misperceptions about recycling. Taking into account the minimal cost to collect this data, its been done well and in the boarder sense it is relevant.

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Cr Thomas commented that the biggest tool is the website and highlighted the web statistics reported on in the early Quarterly Report. Cr Thomas said this was a good tool for getting the message across to the public about contamination and gave a good indication of where we are going for the future.

Cr Pottinger suggested putting an ad in the newspaper (bottom ½ of page) about the contamination problems we are facing highlight the problems to shock people to get the message through citing the example of drunk driving advertising.

Moved Cr Davis, seconded Cr Patterson and RESOLVED that the Waste

Advisory Group received this report – Barriers to Recycling at Home. 7.0 RESULTS OF SUMMER BIN INSPECTIONS Ms Peterson spoke to this report, in particular noting the key findings. The

research came down to three key questions: how participants use the service; did contamination notices change behaviour; and how long did that behaviour change last. To quickly summarise the answers: - One-third of participants need further assistance on how to use the

service. - Contamination notices did change behaviour and we noticed a big

improvement in behaviour when bins were not emptied and it was up to the house holder to empty that content from the wheelie bin. While there was a few people that continued to abuse the system after that we found that after the fourth time we remove the service all together.

- The only question that we weren’t able to answer is how long did that behaviour change last for, Ms Peterson felt it is about three to four months but further research is needed to prove this assumption.

Cr Thomas asked if the orange tagged bin is still collected. Ms Peterson said

yes an orange tag is a presentation issue, green is just a friendly reminder not to bag your materials, or not to put in a meat tray but everything else is ok and red is the bad one which means it is too contaminated to be uplifted.

Cr Davis questioned whether the Litter Act could be used to enforce correct

behaviour, fining people for contamination. Cr Thomas said it would have to be a bylaw and it would be very hard to enforce it. Staff would need to be warranted but then there is the predicament of getting to the person who created the issue. It is a very difficult bylaw to enforce.

Ms Peterson that research indicated Councils with similar kerbside recycling

services implement a three-strike rule, whereby on the third strike the bin is physically removed from the property and to get the bin back the customer needed to pay $50 and also gets a talking to from Council Officer on how to use the service correctly. Other Councils have higher fees for returning the bins or a combination of paying $100 to get your bin back straight away or a three month stand down. Cr Thomas asked if this was done through the Police, Ms Peterson said any prosecutions would need to be done under a legal bylaw.

Cr Davis asked for further research to be undertaken on whether the Litter Act

can be used and for the matter to be added to the next Agenda.

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Moved Cr Thomas, seconded Cr Pottinger and RESOLVED that the report be

received by the Waste Advisory Group. 8.0 NATIONAL FOOD WASTE PREVENTION Ms Peterson spoke to this report, noting that link to a WasteNet Action Plan

project for developing a food and garden waste education programme and also following up on the research and management of organic waste.

Cr Davis asked if the Group were going to apply for funding, and did we have

any idea what the proposal will be, and how they are actually going to try and change behaviour. Ms Peterson replied that at this stage the Group was unsure what the application would be and is waiting on the research results however they were anticipating applying to the Waste Minimisation Levy in 2015.

Cr Davis asked Ms Peterson to keep the group informed on how things

progressed. Moved Cr Thomas, seconded Cr Patterson and RESOLVED that the report be

received by the Waste Advisory Group. 9.0 SUBMISSION ON PRIORITY WASTE STREAMS FOR PRODUCT

STEWARDSHIP INTERVENTION Ms Peterson spoke to this report. She commented that the Government is

seeking consultation of Product Waste Streams. The WasteMINZ TA (Territorial Authority) Forum have prepared a draft submission that Councils can use as a template for their individual submissions and this is appended to the agenda on page 115. It is stamped with draft because at the moment the group has put it round all the Councils for comment and further additions but essentially it is a good basis for us to be able to make a decision and be able to support the TA Forum submission and also add further comment in. Potentially around the farm life issues that we have and glass packaging.

Cr Davis asked how many TA have input into this. Ms Peterson advised there

were 9 Councils that drafted the submission but it has gone to all TA’s for feedback.

Cr Pottinger asked if the contamination of glass (comingling) which Ian Beker

had mentioned at a previous meeting is still a problem. Ms Peterson advised it is no longer an issue.

There was group discussion on the cost of freighting glass to Auckland for recycling, and it was suggested that this be put in the submission. Cr Davis said that the group will put our own submission in on the issue of glass, farm plastics and packaging.

Moved Cr Pottinger, seconded Cr Davis and RESOLVED that the Waste

Advisory Group support a WasteMINZ TA Forum submission to the Governments consultation process on priority waste streams.

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10. Public Excluded Session Moved, Paul Withers seconded Cr Pottinger and RESOLVED that the public

be excluded from the following parts of the proceedings of this meeting; namely

(a) Minutes of Public Excluded Session 6 March 2014 (b) Draft WasteNet Action Plan 2014/2015 (c) Landfill Contract Rate Renewal (d) Business Case: Cost Effective Strategy for Reducing Contamination in

Yellow Recycling Bins

(e) Service Delivery

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)(d) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under Section 48(1) for the passing of this resolution

(a) Minutes of Public

Excluded Session 6 March 2014

Enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities

Section 7 (2)(h)

(b) Draft WasteNet

Action Plan 2014/2015

Enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities

Section 7 (2)(h)

(c) Contract 279 –

Regional Waste Disposal Service

Enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities

Section 7 (2)(h)

(d) Business Case: How

to reduce contamination in yellow recycling bins

Enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities

Section 7 (2)(h)

(e) Service Delivery Enable any local authority

holding the information to carry out, without prejudice or disadvantage, commercial activities

Section 7 (2)(h)

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8. LOCAL GOVERNMENT ACT 2002 AMENDMENT ACT 2014 - OVERVIEW

(Memo from Chief Executive – 04.09.14)

The Local Government Act 2002 Amendment Act 2014 became law on 8 August 2014. The Amendments to the principal statute form a further segment of the Government’s “Better Local Government” programme. A number of the changes have emanated from recommendations made by the Efficiency Task Force and the Infrastructure Task Force which were set up by the previous Minister of Local Government. This report provides an overview of the key changes that the Council will need to be aware of, particularly as it is now in the early phases of developing the next iteration of the Long Term Plan. Consultation and decision making In line with the recommendations made by the Efficiency Taskforce, consultation requirements under the Act have been streamlined. The requirement to utilise the special consultative procedure for a number of processes has been removed. These processes include the establishment of a Council controlled organisation, amendment of a significant and engagement policy, review of a development contributions policy, review of rates remission and postponement policies and prescribing fees in a bylaw. These processes and others will now be conducted in accordance with consultation principles contained in the Act. However the difference may not be all that great as under these principles the Council will still be obligated to make publically available a statement of the proposal and options that have been analysed to give submitters a reasonable opportunity to present their views to the Council. One of the more welcome aspects of the new law has been the simplification of the decision making process. This is an area where a number of Councils have come to grief in a judicial review process due to the very exacting requirements of the former legislation. The Act has now been amended so that Councils are now simply required to assess options in terms of the advantages and disadvantages. This is a far more pragmatic approach and I believe more appropriately aligns with conventional practice in local government decision making. Significance and engagement policy The more fluid requirements in respect of consultation have been accompanied by a stronger expectation by the Government that the community will be consulted about how a Council intends defining significance and when it can be expected to engage with the community. At present the Council has a Significance Policy which has served the organisation well since it was put in place in its first Long Term Plan.

39

A significance and engagement policy is required to be adopted by the Council prior to 1 December 2014. The purpose of the policy is to enable a local authority and the community to identify the degree of significance attached to particular issues, proposals, assets, decisions and activities together with the provision of clarity about how and when communities can expect to be engaged in decisions about different issues, assets or other matters. At the time of writing a workshop had been scheduled with the Council to establish likely parameters and settings that could form the basis of a draft policy in respective community engagement. It is assumed that the significance component of this new policy will be drawn largely from what has been in existence now for the best part of ten years. A further complicating factor in meeting this legislative obligation is that the Council is required to undertake consultation on any draft policy unless it considers on reasonable grounds that it has sufficient information about Community interests and preferences to enable to purpose of the policy to be achieved. Long Term Plan

The Government has realised that the preparation of a voluminous document as required for a Long Term Plan, as a basis for consultation with the community is far from user friendly. Accordingly the need to provide a summary of the Long Term Plan has been replaced with a consultation document. This document must be a fair representation of the matters that are proposed for inclusion in the Long Term Plan and presented in a way that explains the overall objectives of the proposals and how rates, debt, and levels of service might be affected. Notwithstanding this noble intention of simplicity, the new Act is rather descriptive in its requirements for the new consultation document. I have enclosed the new sections 93/93C of the Amendment Act to illustrate this point. The array of information traditionally required in a Long Term Plan, will still be a part of the Council’s normal workload. However this information will reside most likely on the Council’s website and be available to those parties and persons who may wish to access the considerable detail compiled. Annual Plan The Amendment Act limits consultation on the Annual Plan to material differences between a draft Annual Plan and the Long Term Plan. This new feature was designed to prevent debates that occurred in the Long Term Plan consultation process being relitigated through an Annual Plan consultative process. Infrastructure Strategy A new requirement is for an infrastructure strategy in the long term plan that has a horizon of at least 30 years. The strategy must include 3 waters, flood protection and footpaths/roads. The strategy must identify projected costs over the first 10 years and in five year increments thereafter.

40

Review of Delivery of Services A local authority must review the cost effectiveness of current arrangements for meeting the needs of the community in respect of good-quality infrastructure, local public services and the performance of regulatory functions. The need for review is triggered by a significant change in service levels, within two years of expiry of a contract or at a Council’s discretion, but no later than six years after the last review. The first review is due to be completed by 8 August 2017. This is likely to be a significant body of work. Council Meetings An interesting feature of the Amendment Act is the relaxation of rules around physical attendance at Council meetings. Elected members can now participate in Council and Committee meetings via audio or visual link. This benefit is however qualified by the requirement that the quorum for any meeting must be made up of members who are physically present in the meeting room. Changes to Development Contributions The Amendment Act places limits on the purpose for which development contributions can be sought. The generic purpose of, “Public Amenities’ has been replaced with community halls, play equipment on neighbouring reserves and public toilets, which will result in a narrower range of assets being able to be financed via developmental contributions. As the Council does not collect development contributions and has a policy of utilising financial contributions under the Resource Management Act, this change will have no impact on our finance and revenue. Summary In recent years the Government has sought to streamline and simplify Local Government law, but in the main has tended to introduce greater complexity and onerous levels of compliance. Unfortunately, this latest legislative amendment appears to perpetuate this trend. RECOMMENDATION THAT the report be received.

41

Part 1 s 29 Local Government Act 2002 Amendment

Act 2014 2014 No 55

.the reasons for the proposal; and "(c) are^rettm any relevant determinations by the local au­

thority undeP^eetion 155."

29 Sections 89 and 90 repealed Repeal sections 89 and 90.

30 Section 93 amended (Long-term plan) (1) In section 93(6)(e), delete and". (2) Repeal section 93(6)(f).

31 New sections 93A to 93G inserted After section 93, insert:

"93A Use of special consultative procedure in relation to long-term plan

"(1) Where the special consultative procedure is used in relation to the adoption or amendment of a long-term plan under sec­tion 93— "(a) for the purpose of section 83(l)(a), instead of a state­

ment of proposal and a summary of the information con­tained in the statement of proposal, a consultation docu­ment must be prepared and adopted in accordance with sections 93B to 93G; and

"(b) section 83 applies as if references to "the statement of proposal" or "the proposal" or a "summary" were ref­erences to the consultation document.

"(2) To avoid doubt, a draft long-term plan must not be used as an alternative to the consultation document.

"93B Purpose of consultation document for long-term plan The purpose of the consultation document is to provide an ef­fective basis for public participation in local authority deci­sion-making processes relating to the content of a long-term plan by— "(a) providing a fair representation of the matters that are

proposed for inclusion in the long-term plan, and pre­senting these in a way that—

36

42

2014 No 55 Local Government Act 2002 Amendment

Act 2014 Part 1 s 31

"(i) explains the overall objectives of the proposals, and how rates, debt, and levels of service might be affected; and

"(ii) can be readily understood by interested or af­fected people; and

"(b) identifying and explaining to the people of the district or region, significant and other important issues and choices facing the local authority and district or region, and the consequences of those choices; and

"(c) informing discussions between the local authority and its communities about the matters in paragraphs (a) and (b).

"93C Content of consultation document for adoption of long-term plan

"(1) The content of the consultation document for the adoption of a long-term plan must be such as the local authority considers on reasonable grounds will achieve the purpose set out in section 93B.

"(2) Without limiting subsection (1), the consultation document must describe— "(a) each issue that the local authority determines should be

included having had regard to— "(i) the significance and engagement policy adopted

under section 76AA; and "(ii) the importance of other matters to the district and

its communities; and "(b) for each issue identified under paragraph (a),—

"(i) the principal options for addressing the issue and the implications (including financial impli­cations) of each of those options; and

"(ii) the local authority's proposal, if any, for address­ing the issue; and

"(hi) the likely consequences of proceeding with the proposal on the local authority's rates, debt, and levels of service; and

"(c) other matters of public interest relating to— "(i) the proposed content of the local authority's fi­

nancial strategy (under section 101 A) including,

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43

Part 1 s 31 Local Government Act 2002 Amendment

Act 2014 2014 No 55

without limitation, the quantified limits on rates, rates increases, and borrowing in that strategy; and

"(ii) the proposed content of the local authority's in­frastructure strategy (under section 10IB); and

"(d) any significant changes that are proposed to the way the local authority funds its operating and capital expend­iture requirements, including changes to the rating sys­tem described in clause 15(3) and (4) of Schedule 10; and

"(e) using graphs or charts, the direction and scale of changes to the local authority's rates and debt levels that will result from the proposed content of the long-term plan; and

"(f) using graphs or charts where practicable, the direction and nature of changes to the local authority's levels of service associated with the proposed content of the long-term plan; and

"(g) the impact of proposals on the rates assessed on differ­ent categories of rateable land with a range of property values, by the provision of examples as provided for in clause 15(5) of Schedule 10.

"(3) The consultation document— "(a) must be presented in as concise and simple a manner as

is consistent with section 93 B and this section; and "(b) without limiting paragraph (a), must not contain, or

have attached to it,— "(i) a draft of the long-term plan, as proposed to be

adopted; or "(ii) a full draft of any policy; or "(iii) a full draft of the local authority's financial strat­

egy or infrastructure strategy; or "(iv) any detailed information, whether described in

Part 1 of Schedule 10 or otherwise, that is not necessary or desirable for the purposes of sub­sections (1) and (2); and

"(c) must state where members of the public may obtain information adopted by the local authority under sec­tion 93G, which may include, for example, providing

38

44

2014 No 55 Local Government Act 2002 Amendment

Act 2014 Part 1 s 31

links or references to the relevant documents on an Internet site maintained by or on behalf of the local authority; and

"(d) may be given the title of the local authority's choice, provided that the title or subtitle make reference to this being a consultation document for the proposed long-term plan for the relevant years.

"(4) The consultation document must contain a report from the Auditor-General on— "(a) whether the consultation document gives effect to the

purpose set out in section 93B; and "(b) the quality of the information and assumptions under­

lying the information provided in the consultation docu­ment.

"(5) The report under subsection (4) must not comment on the mer­its of any policy content of the consultation document.

"93D Content of consultation document for amendment of < long-term plan "(Tf The content of the consultation document for the amendment

xrf a long-term plan must be such as the local authority consid-ersbqn reasonable grounds will achieve the purpose set out in sectiohs93B.

"(2) Without nhqting subsection (1), the consultation document for an amendmenkto the long-term plan must include— "(a) a description of the proposed amendment: "(b) the reasons foKtiie proposed amendment: "(c) the implications'^including financial implications) of

the proposed amendhient: "(d) any alternatives to the proposed amendment that the

local authority may wish toNhscuss with its communi­ties. X.

"(3) The consultation document— "(a) may have attached to it a copy of the pqposed amend­

ment to the long-term plan, if the local autmnty consid­ers that the full copy of that proposed amendhaent will assist people to understand the amendment; but X.

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45

9. MATAURA COMMUNITY BOARD REPORT (Memo from Administration Manager – 04.09.14)

A copy of the report of the ordinary meeting of the Mataura Community Board held on 12 August 2014, is attached.

RECOMMENDATION THAT the report of the meeting held on 12 August be received, AND THAT the recommendations contained within the report be ratified.

46

REPORT OF A MEETING OF THE MATAURA COMMUNITY BOARD, HELD IN THE MATAURA COMMUNITY CENTRE, MCQUEEN AVENUE, MATAURA, ON MONDAY 18 AUGUST 2014, AT 5.30PM.

PRESENT A Taylor (Chairman), L Sinclair, C Duffy, B Cunningham,

G Colvin and Cr Dixon. IN ATTENDANCE Roading Manager (Mr Murray Hasler),

HR/Administration Manager (Susan Jones), Corporate Support Officer (Mrs Kylie Weir).

APOLOGY His Worship the Mayor (Mr Tracy Hicks JP). _____________________________________________________________________ 1. CONFIRMATION OF REPORT

RECOMMENDED on the motion of B Cunningham, seconded by C Duffy THAT the report of the ordinary meeting of the Mataura Community Board, held on Monday 7 July 2014 as circulated, be accepted and signed by the Chairman as a true and complete record. Clause 2 - Development of Glendhu Road Recreational Reserve (former hockey turf site) - page one, final sentence. The Board noted that the lights had not yet been removed from the turf, but would be once consent had been received.

2. SPEED REPORT FROM NZTA – MATAURA (SCO798)

A memo had been received from the Roading Manager along with a letter from Mr Peter Robinson, Senior Network Manager for NZTA containing information about a speed assessment that had been undertaken in the vicinity of the community gardens in December 2013. The Roading Manager addressed the Board on the findings contained within the letter and how it aligned with the concerns of the members of public around the speed of the traffic by the community gardens and the risk it imposes. The Manager stated it was clear that NZTA was not looking at further speed restrictions. Proposed signage could be similar to the hinged stock signs that fold up when they were not in use. The Manager said that he was happy to assist with different options. In response to B Cunningham concerned at the time it had taken for NZTA to get the report out, the Manager believed NZTA would work rapidly to gain a solution.

In response to A Taylor, the Manager expected the signs would be erected approximately 100 metres from the gardens.

RECOMMENDED on the motion of L Sinclair, seconded by B Cunningham, THAT the information be received,

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AND THAT the suggestion from NZTA to install signage when the community garden is operating on a Saturday be implemented.

3. QUEEN’S PARK SIGNAGE (SCO383)

The Board was informed that two new updated signs for Queen’s Park had been produced and would be installed within the next week or two. B Cunningham thought the Board was waiting to see what the signs were going to be before they were produced. The Administration Manager advised a review of a previous meeting indicated the Board was happy for the signs to be produced and this was also the recollection held by the Parks and Recreation Manager. The Manager added the signs had Queens Park, symbols for toilets, no dogs and no smoking along with the new Council logo. A Taylor said the Board thought it would get some input and to see the designs before the signs were produced. The Manager stated with the new branding the signs would be standard throughout the district. They would look smart and be a consistent design.

C Duffy was disappointed with the breakdown of communication between the Parks and Recreation Manager and the Board.

RECOMMENDED on the motion of C Duffy, seconded by L Sinclair, THAT the information be received.

4. FORMER PICTURE THEATRE BUILDING (SCO229)

The Chairman provided a verbal update on the former picture theatre building on the corner of Main and Carlyle Streets. A Taylor informed the Board that the archaeological authority which had been granted and came into effect on 14 August. The iron was to have been removed this past week weather permitting and this will happen when builders were available. The contractors were waiting to start with the removal of the roof and demolition of the building. The funding application was proceeding.

5. RAILWAY CROSSINGS – BRIDGE AND MAIN STREET INTERSECTION (SC0778/802)

The Board had raised concerns about stationary trains in the railway yard that caused the Bridge Street alarms to operate for a prolonged period of time. That caused concern about the risk some vehicles and pedestrians that crossed the railway line while the alarms were still sounding.

Cr Dixon attended the meeting from 5.45pm

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The Roading Manager had been in discussions with KiwiRail and determined that the Board needed to provide KiwiRail with accurate details of when the traffic hold ups were occurring. It wanted to know if it was every train during the day or just at a particular time. KiwiRail needed the public or Board members to provide the data so it could find a solution to the problem.

G Colvin stated that there was no specific time and it had been going on for years. The issue needed to be better managed before a serious incident occurred. Some train drivers did wave traffic through or turned off the alarm when they could.

In response to G Colvin, the Manager was not sure if KiwiRail had sent out a generic message to its drivers around this issue. The Manager added he did not believe that KiwiRail was trying to deny there was an problem, however it needed more information from the public and the Council to see if there were any emerging patterns. It would try to find a solution to what was a health and safety issue. A Taylor stated KiwiRail had recognised it internally with a recent article in the Southland Times noting the intersection as a hazardous spot. He believed there were two major concerns - pedestrians and traffic crossing while the lights were going - and the backup of traffic on the state highway.

The Manager stated members of public who witnessed traffic jams needed to report the date and time. Members of the public or board members need to lodge a CSR at either the service centre, to roading staff or the Council office to allow for information to be collated and passed onto KiwiRail.

The Manager advised it was something that had been taken up with the authorities however, unfortunately there had not been a lot of reported crashes even though there were a lot of near misses. People also needed to report near misses to form evidence to NZTA and Kiwirail to make the changes required at the intersection. Cr Dixon thought it may come to a head once the freezing works demolition was finished and a new car park area developed which would result in increased traffic flow.

The Manager informed the Board that NZTA had previously considered warning signs stating “left turning cars give way to right” and these could be looked at again. In response to C Duffy, the Manager advised that even if there was a stop sign, people coming from the south would not know there was a sign there due to the angle it was placed at. There would still be some confusion.

49

G Colvin suggested that drivers were distracted due to looking at traffic signs at a higher level and perhaps placing a give way sign at a lower level would grab their attention and help minimise some of the confusion. The Manager said there were plenty of options the Board could look at and constructing islands in the middle of the road that would slow traffic down and give pedestrians somewhere to stand when they were trying to cross the road could be a possible solution.

4. DATE OF NEXT MEETING - Monday 29 September at 5.30pm. The meeting concluded at 6.05pm

50

10. GORE AND DISTRICTS HEALTH INCORPORATED - CONSTITUTIONAL REVIEW

(Memo from Chief Executive – 08.09.14)

The Council has received a formal approach from the Chairman of Gore and Districts Health Incorporated to undertake a review of its constitution. Please find enclosed a copy of the letter received from Gore and Districts Health Incorporated together with a copy of the current constitution.

It is understood from Board members of Gore and Districts Health Incorporated that the current constitution which revolves around Board members being predominantly elected as opposed to appointed, has not delivered decisive governance that the original authors of the constitution were desirous of securing.

Clause 35 of the existing constitution provides for alterations to be approved via a resolution passed by a 75% majority of those Board members present at a general meeting. Before any such resolution is put, obviously there needs to be a review to ascertain where improvements to the constitution can be made.

However as alluded to in the attached letter, the first step in this process is to identify other options that exist for community based health services, which involve operating a hospital. I would envisage that these options would identify strengths and weaknesses and make comparisons with the structure that operates in the Gore District. Communities such as Oamaru, Balclutha and Alexandra spring to mind as being worthy of analysis in respect of how their health facilities are governed.

This first phase of the review would be more in the realm of political and managerial analysis to identify at a broad level the most effective and efficient means of which to structure the governance of Gore and Districts Health Incorporated. Once agreement in principle has been reached on possible amendments to the existing structure, then I would suggest legal input be engaged to ensure that the constitution is fit for purpose, meets current needs and gives effect to any changes identified in the political/managerial review.

Given that Gore and Districts Health Incorporated has invited the Council to commission a review, the following questions now need to be considered:

a) Is the Council prepared to fund the proposed review? b) Does the Council wish to commission an external review or utilise what

expertise and resources it has available to complete the political and managerial investigation itself?

If an external review is preferred I would suggest that Terms of Reference be prepared to enable the project to be suitably focused.

51

RECOMMENDATION

THAT the Council indicate its preparedness to accept the invitation from Gore and Districts Health Incorporated to undertake a review of its constitution and indicate whether this review should be undertaken via an external source and if so approve funding for the engagement of a suitably qualified consultant.

52

SCANNED |

TBHAUORA OMARUA WAI

12 August 2014

Stephen Parry CEO Gore District Council P O Box 8 GORE 9740

Dear Stephen

RE: GORE & DISTRICTS HEALTH INCORPORATED (GDHI)

The GDHI constitution, last reviewed in 2004, has become an issue and questions have been raised as to whether the existing structure of GDHI is still the best option.

Currently, GDHI is the sole shareholder of Gore Health Ltd and has both elected and local community representatives on its Board. Through the GDHI board our community has ownership of the Gore Hospital building and land and this is leased back to Gore Health Ltd.

At a meeting of GDHI held on Thursday 7 August 2014 His Worship The Mayor Tracy Hicks offered the services of the Gore District Council to carry out a review of the structure of GDHI and a scoping exercise on possible options for GDHI. The following resolution was passed:

"RESOLVED on the motion of Neil Harvey and seconded by Lewis Marshall THAT the Gore District Council be approached to commission a scoping exercise for possible structure options for GDHI and then report back on this to the GDHI Board within a three month period".

As a charitable organisation we would be very grateful if the Council were able to assist with this. I have attached a copy of the current GDHI constitution for your reference.

If you have any queries or require further information please do not hesitate to contact me on 027 433 0406.

Yours sincerely

>ETER GRANT Chairman GDHI

Gore Hospital 9 Birch Lane PO Box 274 Gore 9740 Phone 03-209 3030 Fax 03-208 0194

53

. ie>^

IN THE MATTER of the In^,_ 1908 and its amendments "

AND

IN THE MATTER of GORE & DISTRICTS HEALTH INCORPORATED -Alterations to Rules

I PETER GRAHAME SNOW of Lake Hayes Retired Medical Practitioner declare:

1. THAT I am the Chairperson for the GORE & DISTRICTS HEALTH INCORPORATED

2, THAT at a Special General Meeting of the executives of the Club held on the 12th

day of November 2001 motions were passed by unanimous vote of the board members then present that the existing Rules of the GORE & DISTRICTS HEALTH INCORPORATED be revoked and replaced as set out in the document marked "A" hereunto annexed

2. THAT such alterations were made in accordance with the Rules of the Club

AND I MAKE this solemn declaration conscientiously believing the same to be true and by

54

GORE & DISTRICTS HEALTH INCORPORATED

These are the alterations j^ykyegyretyp in the annexed Declaration of PETER GRAHAME SNOW of T^miMedical^Fa^titioner made before me this day of

2004

A Solicitor of tlx Court of New Zealand

The previous Rules are revoked and replaced with the attached Rules

WE hereby certify that the foregoing amendments were made to the Rules of the GORE & DISTRICTS HEALTH INCORPORATED at a Special Meeting on the 12* day of November 2001 „ _

. Chairperson ... Board Member ... Board Member

55

" A "

DATED 12th day of November 2001

CONSTITUTION OF AN INCORPORATED SOCIETY DULY INCORPORATED UNDER THE INCORPORATED SOCIETIES ACT 1908

CONSTITUTION OF GORE & DISTRICTS HEALTH INCORPORATED

12th November 2001

This is the doe GRAHAME SNOW of Day of

A Solicitor of the I

marked "A" referred to in the annexed Declaration of PETER Hi ayes Retired Medical Practitioner declared at Gore this 2-Ij

2004

ealand

Smith Wood & Woods Solicitors

P O Box 18, DX YB 92510 Gore

Telephone (03) 208 9184 Fax (03) 208 9369

NO. OF SOCIETY ASSISTANT REGISTRAR OF INCORPORATED SOCIETIES

56

t-

*

THE INCORPORATED SOCIETIES ACT 1908

CONSTITUTION OF RULES

- O P ­

CODE & DISTRICTS HEALTH INCORPORATED

1 NAME The name of the Society shall be GORE & DISTRICTS HEALTH INCORPORATED

1.1. The Operating Area The Operating Area referred to in this Constitution shall be: the area covered by the Gore District Council, the West Otago and Clinton Wards of the Clutha District Council and the Waikaia, Te Tipua and Toes Toes Wards of the Southland District Council.

1.2. Number of Board Members The number of Board Members shall be no more than fifteen (15) and no less than eight (8), Board members shall comprise of SIX) elected members from the operating area, and appointees representing the Gore District Council (1) Iwi (1), Local General Practitioner (1) and Local Health Professionals (2). If in the view of the Board, specific needs are unmet, the Board shall have the power to co-opt.

1.3. The Mayor of the Gore District Council The Mayor of the Gore District Council (GDC) of the day shall be deemed an ex officio member of the Board, invited to attend the meeting from time to time on specific request from the Board by special motion. When the Gore District Council representative and Mayor of the GDC both attend any meeting, the Mayor shall not be entitled to vote. In the absence of the GDC representative and on receipt of a proxy nominating the Mayor, to the secretary of the board, the Mayor may vote on behalf of the GDC.

1.4. The Secretary The board shall appoint the Secretary from time to time

1.5. The Accountant The board shall appoint the Accountant from time to time.

1.6 The Legal Representation The Legal representation shall be appointed by the board from time to time.

2

57

1.7 The Auditor The Auditor shall be confirmed yearly at the AGM.

2 SPECIAL PROVISIONS 2.1 In the event of any questions as to the construction or application of any of

these Rules the Board Members are hereby empowered to decide the same. 2.2 No Board Member, member or group of members shall make any public

press statement purporting to be made by or on behalf of the Society or any section thereof, except with the prior approval of the Board.

3 OFFICE 3.1 The registered office of the Society shall Gore Hospital, 9 Birch Lane,

Gore.

4 OBJECTS 4.1 The primary objects of the Society shall be limited to those classified as

charitable within New Zealand, and in particular to relieve sickness and ill health principally among the residents of the Operating Area as hereinafter defined through: 4.1.1 Promoting, protecting and conserving the public health and

providing health services in accord with Public Health Strategy and be consistent with other relevant legislation such as the Primary Health Care Strategy.

4.1.2 Providing for the effective co-ordination of the planning, provision, and evaluation of health services between the public, private and voluntary sectors through consultation and regular reporting;

4.1.3 Establishing and maintaining an appropriate balance in the provision and use of resources for health protection, health promotion, health education and treatment services;

4.1.4 The administration of a hospital, and health centre, treatment for the sick and infirm and the provision of optimal community health care in all its forms for the residents of the Operating Area;

4.1.5 The promotion of activities which are directed towards the provision of paid employment for the sick and the infirm residents of the Operating Area or towards the relief from need amongst the residents of the Operating Area, the acquisition and holding of shares and other interests in companies whose activities are so directed.

4.1.6 The provision of advice and assistance with regard to the establishment and operation of enterprises whose activities are directed towards the aims referred to in paragraphs 4.1.1 to 4.1.5

4.1.7 The promotion and implementation of services of community benefit of a charitable nature within the operating area,

PROVIDED THAT: 4.1.8 The income and property of the Society shall be applied solely to the

promotion of the Society's charitable objects. 4.1.9 No member of the Society or any person associated with a member

shall participate in or materially influence any decision made by the Society, with respect to the payment to or on behalf of that member

3

58

or an associated person of any income, benefit or advantage whatsoever.

4.1.10 Any such income shall be reasonable and relative to that which would have been paid in an arms' length transaction (being the open market value) and will be determined with respect to any conflicts that may arise.

4.1.11 The provisions and effects of this Clause shall not be removed from this document and shall be included and implied in any document replacing this document.

SUBJECT to these provisions the Society shall be entitled:

4.1.12 To pay reasonable and proper remuneration to any Board Member or a member of the Society for services actually rendered to the Society.

4.1.13 To pay interest at a rate not exceeding the commercial rate on money lent to the Society by any Board Member or member of the Society.

4.1.14 To pay rent not exceeding the open market rent for premises let to the Society by any Board Member or member of the Society.

4.1.15 To purchase assets from, or sell assets to, any Board Member or member of the Society providing such purchase or sale is at market value.

5 SECONDARY POWERS 5.1 In furtherance of these objects, the Society shall have the following

secondary powers: 5.1.1 To raise money by donations, loans, or other lawfttl means upon

such terms as the Society considers appropriate for the furtherance of these objects

5.1.2 To engage in any business or transaction capable of being conducted so as directly or indirectly benefit the Society and for that purpose to take or otherwise acquire and hold and dispose of shares in any company or Society having objects similar to those of the Society.

5.1.3 The promotion of knowledge of and interest in the objects of the Society by means of meetings, demonstrations and models, lectures, publications, educational courses and all other forms of instructions and publicity.

5.1.4 To maintain communication and co-operation with persons or corporate bodies in New Zealand (including membership of other bodies corporate) for the purposes of promoting directly or indirectly the objects of the Society including formal liaisons with Otago University Schools of Medicine and Pharmacy, for the provision of educational experience to undergraduates, and furthering the rural experience of students.

5.1.5 To purchase, erect, build take on lease or otherwise obtain the use or occupation of and to manage, extend, improve, develop, alter,

4

59

maintain, and repair, sell, let, lease, donate or other wise dispose of real and personal property of every description.

5.1.6 To accept the custody, control and management of any real or personal property which may be purchased, bequeathed donated or lent to the Society for the benefit of the Society

5.1.7 To accept and carry out any trust attached to gifts or bequests to or for the benefit of the Society

5.1.8 To invest all or any of the monies held by the Society which are not required for the immediate operations of the Society in such securities and upon such terms as the Board shall think fit and as are not contrary to the objects of the Society

5.1.9 To borrow or raise monies 5.1.10 To employ staff to assist in the work of the Society at such wages

and on such terms as may be deemed expedient and to obtain and pay for professional and other advice and services.

5.1.11 To institute, initiate, or take and to defend, compromise, or abandon legal proceedings involving the property or affairs of the Society.

5.1.12 To enter into any arrangement with any government or authorities supreme municipal local or otherwise that may seem conducive to the Society's objects or any of them and to obtain from any such government or authority any rights, privileges and concessions which the Society may think it desirable to obtain and to cany out exercise and comply with any such arrangements, rights, privileges and concessions.

5.1.13 To acquire, hire, operate and maintain any means of transportation whether of persons or of goods or both that the Society may deem necessary or desirable for the carrying out of the objects of the Society or any of them, and to make such charges for the use thereof as the Society shall deem reasonable.

5.1.14 To do all or any of the above things as principals, agents, contractors, trustees or otherwise and by or through agents, trustees or otherwise and either alone or in conjunction with others.

5.1.15 To do all such other acts and things as are incidental to or which will further or be conducive to the attainment of the foregoing objects or any of them.

5.1.16 To lend money to any person, body or Society whether incorporated or not on such terms as the Society may think fit and to guarantee the performance of contracts by any such persons but only in furtherance of the objects of the Society.

5.1.17 To pay all or any of the expenses incurred in and in connection with the incorporation and establishment of this Society.

5.1.18 To apply the assets and income of the Society howsoever derived towards all or any of the aforesaid objects and purposes of the Society as the Board may in its absolute discretion think fit.

6. MEMBERSHIP 6.1 All residents of the Operating Area, if able to vote in the local body elections,

and:

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a) Exercise their right to vote in the incorporated Society's election, or b) Attend a general meeting of the incorporated Society, or c) Are approved by the board as members pursuant to Clause 8 of the

Constitution.

shall be deemed to be members of the Society.

6.2 In addition persons or body coiporates interested in the objects of the Society may apply for membership pursuant to Clause 8 of the Constitution.

6.3 The signatories to these Rules shall be the first members. 6.4 Subject to Clause 6.1 membership shall not be transferable and shall cease on

retirement, expulsion, death or dissolution. 6.5 In the event that no election is required in any of the election areas the residents

of that particular area shall be deemed to be members until the time of such later election or until they give notice that they do not wish to be a member.

7 QUALIFICATIONS FOR MEMBERSHIP 7.1 Subject to Clauses 7.2, 7.3 and 8.1, membership shall be open to any person

7.1.1 Who is a resident of the area as defined in Clause 1 (called the "Operating Area")

7.1.2 Whose place of employment or place of business is within the Operating Area.

7.1.3 Who is nominated by an association or other body, incorporated or unincorporated, operating within the Operating Area or 7.1.4 Who (although not fulfilling any of the qualifications under' paragraphs (a), (b) and (c) of this article) is nominated by two members.

7.2 Any employee of the Society may become a member. 7.3 Subject to the rights of the residents in the Operating Area the Board shall be

entitled at its discretion to refuse to admit any other person to membership notwithstanding that person fulfils one or more of the qualifications under Clause 7.1.

8 APPLICATION FOR MEMBERSHIP 8.1 Subject to the rights of the residents in the Operating Area any other person who

wishes to become a member shall lodge with the Society a written application for membership (in such form as the Board requires), signed by that person and (where nomination is required under Clause 7) signed by the appropriate persons, or (as the case may be) the officials of the corporate body, nominating that person for membership.

8.2 Where an applicant: 8.2.1 Claims to fulfil one or more of the qualifications under paragraphs

7,1.1 and 7.1.2 of Clause 7 or 8.2.2 Claims that the persons nominating the Applicant fulfils the qualification

under paragraph 7.1.3 of that Clause and that the applicant has been validly nominated by those persons.

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The applicant shall lodge with the Society such supporting evidence as the Board requires.

8.3 Each application for membership shall be considered by the Board at the first meeting of the Board Members which is held after receipt by the Society of the written application (and, if appropriate, supporting evidence) required under Clauses 8.1 and 8.2.

8.4 If the Board resolves at any meeting to refuse admission of an applicant to membership, it shall notify the applicant in writing accordingly within a period of seven days after the meeting.

8.5 If the Board resolves at any meeting to admit an applicant to membership, the Board shall notify the applicant in writing accordingly within a period of seven days after the meeting.

9 REGISTER OF MEMBERS 9.1 Apart from the residents of the Operating Area in addition to the particulars

required by the Act (if any) there shall be entered in the register of members against the name of each member: 9.1.1 Particulars of the qualification(s) under Clause 7 which (on the

basis of the evidence last supplied by that person to the Society) the member fulfils. In the case of a member who does not (on the basis of such evidence) fulfil any of such qualifications a statement to that effect.

9.1.2 The Board may at any time by notice in writing request any member to lodge with the Society such evidence as the Board may reasonably require with a view to establishing whether or not that person fulfils any of the qualifications under Clause 7; if a member fails to comply with any such notice that person shall be deemed not to fulfil any of such qualifications.

10 WITHDRAWAL AND EXPULSION FROM MEMBERSHIP 10.1 Persons who shift from the operating area shall cease to be members.

11 GENERAL MEETINGS 11.1 The Society shall in each calendar year hold a general meeting as its Annual

General Meeting in addition to any other meetings in that year, and shall specify the meeting as such in notices calling it; not more than 15 months shall elapse between the date of one Annual General Meeting and that of the next:

11.2 The Society will hold subsequent AGM's in each calendar year. 11.3 The Annual General Meeting shall be held at such time and place as the Board

Members nominate. 11.4 All general meetings other than Annual General Meetings shall be called

Extraordinary General Meetings, The quorum shall be FIVE board members. 11.5 The Board Members may, whenever they think fit, convene an Extraordinary

General Meeting. If at any time there are not within New Zealand sufficient

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board members capable of acting to form a quorum, any board member or any TEN members of the Society may convene an extraordinary general meeting in the same manner as nearly as possible as that in which meetings may be convened by the board members.

12 NOTICE OF GENERAL MEETINGS 12.1 A meeting called for the passing of a special resolution shall be called by 21

days notice to deemed members published in general newspapers circulating in the Operating Area. The first publication to be 21 days prior to the meeting and the second publication to be seven days prior to the meeting

12.2 A meeting of the Society other than a meeting for the passing of special resolution shall be called by 14 days notice in writing at the least. The notice shall be exclusive of the day on which it is served or deemed to be served and of the day for which it is given, and shall specify the place, the day, and the hour of the meeting and, in case of special business, the general nature of that business, and shall be given in manner hereinafter mentioned or in such other manner, if any, as may be prescribed by the Society in General Meeting, to such persons as are, under the Clauses of the Society, entitled to receive such notices from the Society: 12.2.1 Provided that a meeting of the Society shall, not withstanding that it is

called by shorter notice than that specified in this Clause, be deemed to have been duly called if it is agreed that

12.2.2 In the case of a meeting called as the Annual General Meeting, by all the members entitled to attend and vote thereat; and

12.2.3 In the case of any other meeting, by a majority in number of the members having a right to attend and vote at the meeting, being a majority together representing not less than 95 per cent of the total voting rights at that meeting of all the members

12.3 The accidental omission to give notice of a meeting to, or the non-receipt of notice of a meeting by, any person entitled to receive notice shall not invalidate the proceedings at that meeting. Unless the provisions of 12.1 have not been met by way of advertisement.

13 PROCEEDINGS AT GENERAL MEETINGS 13.1 All business shall be deemed special that is transacted at an Extraordinary

General Meeting and also all that is transacted at an Annual General Meeting, with the exception of the consideration of the accounts, balance sheets, and the reports of the Board and auditors, the election of Board Members in the place of those retiring, and the appointment of, and the fixing of the remuneration of the auditors

13.2 No business shall be transacted at any General Meeting unless a quorum of members is present at the time when the meeting proceeds to business, save as herein otherwise provided, TEN members present in person shall be a quorum.

13.3 If within half an hour from the time appointed for the meeting a quorum is not present, the meeting, if convened upon the requisition of members, shall be dissolved; in any other case it shall stand adjourned to the same day in the next

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week at the same time and place, or to such other day and at such other time and place as the Board of Members may determine And advertise

13.4 At its first meeting in each year, the Board must elect 1 of its members to be the Chairperson, and one of its' members to be the Vice Chairperson, The Chairperson, of the Board shall preside as Chairperson at every General Meeting of the Society, or if there is no such Chairperson, of if he or she is not present within 15 minutes after the time appointed for the holding of the meeting or is unwilling to act the Vice-Chairperson shall be Chairperson of the meeting.

13.5 If at any meeting neither Chairperson nor Vice Chairperson is present within 15 minutes after the time appointed for holding the meeting, the members present shall choose one of their number to be Chairperson of the meeting.

13.6 The Chairperson may, with the consent of any meeting at which a quorum is present (and shall if so directed by the meeting), adjourn the meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. When a meeting is adjourned for 30 days or more, notice of the adjourned meeting shall be given as in the case of an original meeting. Save as aforesaid it shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned meeting. 13.6.1 At any General Meeting a resolution put to the vote of the meeting

shall be decided on a show of hands unless a poll is (before or on the declaration of the result of the show of hands) demanded -13.6.1.1 By the Chairperson; or 13.6.1.2 By at least three members present in person or by

proxy; or 13.6.1.3 By any member or members present in person or by

proxy and representing not less than one-tenth of the total voting rights of all the members having the right to vote at the meeting.

13.6.1.4 By paper vote or secret ballot. 13.6.2 Unless a poll is so demanded a declaration by the Chaiiperson that a

resolution has on a show of hands been carried or carried unanimously, or by a particular majority, or lost and an entry to that effect in the book containing the minutes of proceedings of the Society shall be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against the resolution.

13.6.3 The demand for a poll may be withdrawn. 13.7 Except as provided in Clause 13.6, if a poll is duly demanded it shall be taken in

such manner as the Chaiiperson directs, and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded.

13.8 In the case of an equality of votes, whether on a show of hands or on a poll, the Chairperson of the meeting at which the show of hands takes place or at which the poll is demanded shall be entitled to a second or casting vote.

13.9 Subject to the provisions of the Act (if any), a resolution in writing signed by all the members for the time being entitled to receive notice of and to attend and vote at General Meetings (or being corporations by their duly authorised

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representatives) shall be as valid and effective as if the same had been passed at a General Meeting of the Society duly convened and held; it may consist of several documents in the same form signed by one or more members.

14 VOTES OF MEMBERS 14.1 Every member shall have one vote. Each vote must be given personally

except that Incorporated bodies may vote by proxy. 14.2 No member shall be entitled to vote at any General Meeting unless all

money presently payable by him, her or it to the Society has been paid. 14.3 On a poll votes must be given personally except that Corporations may vote

by proxy. 14.4 The instrument appointing a proxy by a Corporation shall be in writing either

under seal or under the hand of an officer or attorney duly authorised. A proxy need not be a member of the Society.

14.5 The instrument appointing a proxy and the power of attorney or other authority, if any, under which it is signed or a notarially certified copy of that power or authority shall be deposited at the registered office of the Society or at such other place within New Zealand as is specified for that purpose in the notice convening the meeting, not less than 48 hours before the time for holding the meeting or adjourned meeting at which the person named in the instrument proposes to vote, or, in the case of a poll, not less than 24 hours before the time appointed for the taking of the poll, and in default the instrument of proxy shall not be treated as valid,

14.6 An instrument appointing a proxy shall be in the following form or a form as near thereto as circumstances admit

. 'cr-Limited I/We, , of , being a member/members of the above named Society, hereby appoint , of , or failing him or her, , of , , as my/our proxy to vote for me/us on my/our behalf at the [Annual or Extraordinary, as the ease may be] General Meeting of the Society to be held on the day af 20 , and at any adjournment thereof Signed this day of 20

14.7 Where it is desired to afford members an opportunity of voting for or against a resolution the instrument appointing a proxy shall be in the following form

or a form as near thereto as circumstances admit: Limited I/We, , of , being a member/members of the above named Society, hereby appoint of , , or failing him or her, , of, , as my/our proxy to vote for me/us on my/our behalf at the [Annual or Extraordinary, as the case may be] General Meeting of the Society to be held on the day of 20 , and at any adjournment thereof Sifted this day of 20

This form is to be used in favour of/against the resolution. Unless otherwise instructed, the proxy will vote as he thinks fit. Strike out whichever is not desired.

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14.8

14.9

14.10

15 INCORPORATED BODIES ACTING BY REPRESENTATIVES AT MEETINGS 15.1 Any Incorporated body which is a member of the Society may by resolution

of its Board Members or other governing body authorise such person as it thinks fit to act as its representative at any meeting of the Society, and the person so authorised shall be entitled to exercise the same powers on behalf of the Incorporated Body which he or she represents as that Incorporated body could exercise if it were an individual member of the Society.

16 BOARD MEMBERS 16.1 Unless otherwise determined by ordinary resolution, the minimum number

of Board Members shall be set as set out in Clause 1. 16.2 Subject to Clause 18(2) a Board Member may be paid reasonable and proper

remuneration for services actually rendered to the Society. The Board Members may be paid all travelling, hotel and other expenses properly incurred by them in attending and returning from meetings of the Board Members or any Committee of the Board Members or General Meetings of the Society or in connection with the business of the Society.

17 BORROWING POWERS 17.1 The Board may exercise all the powers of the Society to borrow money, and

to mortgage or charge its undertaking and property, or any part thereof, and to issue debentures, debenture stock, and other securities, whether outright or as security for any debt, liability, or obligation of the Society or of any third party.

18 POWERS AND DUTIES OF BOARD MEMBERS 18.1 The business of the Society shall be managed by the Board, who may pay all

expenses incurred in promoting and registering the Society, and may

The instrument appointing a proxy shall be deemed to confer authority to demand or join in demanding a poll. A vote given in accordance with the terms of an instrument of proxy shall be valid notwithstanding the revocation of the proxy or of the authority under which the proxy was executed, if no intimation in writing of such revocation as aforesaid has been received by the Society at the registered office before the commencement of the meeting or adjourned meeting at which the proxy is used. No objection may be raised as to the validity of any vote except at the meeting at which the vote objected to is tendered, and every vote not disallowed at the meeting shall be valid; any such objection shall be referred to the Chairperson of the meeting whose decision shall be final and conclusive.

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exercise all such powers of the Society as are not, by the Act or by this Constitution, are required to be exercised by the Society in General Meeting, subject nevertheless to the provisions of the Act of this Constitution and to such regulations, being not inconsistent with the aforesaid provisions, as may be prescribed by the Society in General Meeting; but no regulation made by the Society in General Meeting shall invalidate any prior act of the Board which would have been valid if that regulation had not been made.

18,2 In the carrying on of any business under these presents and in the exercise of any power authorising the remuneration of Board Members or members, no benefit or advantage, whether or not convertible into money or any income of any kind shall be afforded to, or received, gained, achieved or derived by any of the persons specified in paragraphs (a) to(d) of the second proviso of Section 61(27) of the Income Tax Act 1976, or any enactment in amendment thereof or in substitution thereof, where the person is able by virtue of that capacity as such person specified therein, in any way (whether directly or indirectly) to determine, or to materially influence in any way the determination of, the nature or the amount of that benefit or advantage or that income or the circumstances in which it is or is to be so received, gained, achieved, afforded, or derived, except as specifically exempted by that section.

- 18.3 The Board may from time to time and at any time by power of attorney appoint any company, firm, or person or body of persons, whether nominated directly or indirectly by Board, to be the attorney or attorneys of the Society for such purposes and with such powers, authorities, and discretion's (not exceeding those vested in or exercisable by the Board under this Constitution) and for such period and subject to such conditions as they may think fit, and any such powers of attorney may contain such provisions for the protection and convenience of persons dealing with any such attorney as the Board may think fit and may also authorise any such attorney to delegate all or any of the powers, authorities, and discretions vested in him or her.

18,4 All cheques, promissory notes, drafts, bills of exchange, and other negotiable instruments, and all receipts for money paid to the Society, shall be signed, drawn, accepted, endorsed, or otherwise executed, as the case may be, in such manner as the Board from time to time by resolution determine.

19 MINUTES 19.1 The Board shall cause Minutes to be made in books provided for the

purpose: 19.2 Of all appointments of Officers made by the Board 19.3 Of the names of the Board Members present at each meeting of the

Board and of any Sub-Committee of the Board 19.4 Of all resolutions and proceedings at all meetings of the Society, and

of the Board Members, and of the members shall be minuted 19.5 At any time a board member may request their name to be minuted

on any particular issue by requesting the secretary to do so.

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20 DISQUALIFICATION OF BOARD MEMBERS 20.1 The office of Board Member shall be vacated if the Board Member:

20.1.1 Without the consent of the Society in General Meeting holds any other office of profit under the Society (it is recorded that under Section 61(27) of the Income Tax Act 1976 a member may receive remuneration from a charity but it can be no more than would be normally paid for services rendered and the member can have no part in determining the amount of the payment); or

20.1.2 Becomes bankrupt or makes any arrangement or composition with her or her creditors generally; or

20.1.3 Has been convicted of any crime involving dishonesty as defined in Section 2(1) of the Crimes Act 1961; or

20.1.4 Becomes mentally disordered, or becomes a protected person under the Protection of Personal and Property Rights Act 1988; or

20.1.5 Resigns his or her office by notice in writing to the Society; or 20.1.6 Is directly or indirectly interested in any contract with the Society

and fails to declare the nature of his interest; or 20.1.7 Has for more than six (6) months been absent without permission of

the Board Members from meetings of Board Members; or 20.1.8 Dies.

20.2 A Board Member shall not vote in respect of any contract in which he or she is interested or any matter arising thereout, and if he or she does so vote his or her vote shall not be counted.

21 ELECTION AND APPOINTMENT OF BOARD MEMBERS 21.1 Four (4) Board Members shall be elected by the electors of the Gore District

Council, and one (1) Board Member shall be elected from each of the Clutha and Southland District Council areas.

21.2 Every such elector shall have one (1) vote only. 21.3 Subject to the provisions of this Constitution every such election shall be

held in the same manner, with all necessary modifications as the elections of members of the territorial authority of the constituent district, and all the provisions of the Local Elections and Polls Act 1976, and of all other Acts affecting the mode of election of members of that territorial authority (including any penal provisions and provisions relating to disputed elections), shall apply to the election, so far as they are applicable and consistent with this Constitution.

21.4 In the application of the Local Elections and Polls Act 1976 to any election under this Constitution, every reference in Part I and Section 111 of that Act to the territorial authority of the Constituent District

21.5 The Returning Officer of the Gore District Council shall be the Returning Officer for the purposes of election of Board Members of the Constituent District under this Constitution.

22 ELECTION OF BOARD MEMBERS FROM COMBINED DISTRICTS 22.1 Except as provided by this Constitution the Board members shall be elected

by the electors of each of the territorial authorities whose districts are

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included wholly or partly in the combined district, being electors who are resident in the Operating Area,

22.2 Eveiy elector shall have one (1) vote only, notwithstanding that he may be an elector of more than one of the territorial authorities of that district.

23 ALTERATION OF REPRESENTATION 23.1 The creation, abolition, merger, union, division, or other alteration of any

Constituent District within an Operation Area shall not in itself affect the then existing membership of the Board.

24 COST OF ELECTIONS 24.1 The cost of every election of Board Members of the Constituent District or

combined district (excluding the expenses incurred by or on behalf of candidates) shall be borne and paid by the Society.

25 APPOINTMENT OF BOARD MEMBERS IN DEFAULT OF ELECTION 25.1 If on the day appointed for election of representatives on the Board no

persons are duly elected, or the number of persons elected is less than the required number the Board may appoint as many qualified persons to be the Board Members as are required, and the persons so appointed shall hold office in all respects as if they had been duly elected in conformity with this Constitution.

26 APPOINTED MEMBERS 26.1 Six (6) Board Members shall be appointed on the following basis:

26.1.1 One (1) Board Member appointed by a resolution of the Gore District Council.

26.1.2 Three (3) Board Members from the operating area appointed by the Service Providers at least one of the appointees to be a local registered Medical Practitioner, and two other health professionals from the operating area

26.1.3 One Board Member appointed to represent local Iwi 26.1.4 Every person appointed in accordance with that Clause shall hold

office until the expiration of the term of office of the elected members, and may from time to time be reappointed

27 ELECTION, RETIREMENT AND ROTATION OF SPECIAL BOARD MEMBERS 27.1 In addition to their powers of appointment under Clause 27, the Board

Members may at any time appoint any non-member to be a Board member (Special Board Member) provided he or she is willing to act, either to fill a vacancy or as an additional Board Member.

27.2 At the conclusion of each Annual General Meeting (including the first) all special board members shall vacate office.

27.3 Immediately following each annual general meeting the board members may reappoint any person who as a special board member vacated off ice

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under the preceding article at the conclusion of the Annual general meeting; the board members may alternatively appoint someone in his or her place or resolve not to fill the vacancy

28 PROCEEDINGS OF BOARD 28.1 The Board may meet together for the dispatch of business, adjourn, and

otherwise regulate their meetings, as they think fit. Questions arising at any meeting shall be decided by a majority of votes. In the case of an equality of votes the Chairperson shall have a second or casting vote. A Board member may, and the Secretary on the requisition of a Board Member shall, at any time summon a meeting of the Board. It shall not be necessary to give notice of a meeting of Board to any Board Member for the time being absent from New Zealand.

28.2 A Board Member must forthwith after becoming aware of the fact that he or she is interested in a transaction with the Society, disclose to the Board the nature, extent and monetary value of that interest. The interested Board Member should not vote.

28.3 The quorum necessary for the transaction of the business of the Board is fixed by the Society and is FIVE,

28.4 The continuing Board Members may act notwithstanding any vacancy in their body, but, if and so long as their number is reduced below the number fixed by or pursuant to the Clauses of the Board as the necessary quorum of Board Members, the continuing Board Members or Board Member may act for the purpose of increasing the number of Board Members to that number, or of summoning a General Meeting of the Society, but for no other purpose.

28.5 If the elected Chairman is not present within 5 minutes for a meeting, then the Vice-chairman shall be the Chairman for that meeting, or failing that, a board member, elected at that meeting shall chair the meeting

28.6 The Board Members may delegate any of their powers to Sub-Committees consisting of such member or members of their body as they think fit; any Sub-Committee so formed shall in the exercise of the powers so delegated conform to any regulations that may be imposed on it by the Board. Upon formation the delegated powers of that subcommittee shall be determined at that time

28.7 A Sub-Committee of the Board may elect a Chairman of its meetings; if no such Chairperson is elected, or if at any meeting the Chairperson is not present within 5 minutes after the time appointed for holding the meeting, the members present may choose one of their number to be Chairperson of the meeting.

28.8 A Sub-Committee may meet and adjourn as it thinks proper. Questions arising at any meeting shall be determined by a majority of votes of the members present, and in the case of an equality of votes the Chairperson shall have a second or casting vote.

28.9 All acts done by any meeting of the Board or of a Sub-Committee of the Board, or by any person acting as a Board Member, shall notwithstanding that it is afterwards discovered that there was some defect in the appointment of any such Board Member or person acting as aforesaid, or that they or any of them were disqualified, be as valid as if every such person had been duly

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appointed and was qualified to be a Board Member or Sub-Committee Member,

28.10 A resolution in writing, signed by all the Board Members for the time being entitled to receive notice of a meeting of the Society, shall be as valid and effectual as if it had been passed at a meeting of the Society duly convened and held. Any such resolution may consist of several documents in like form each signed by one or more Board Members.

28.11 The board may elect temporary board members to fill any vacancy pending the appointment of a board member or board members pursuant to

Clause 25 of the Constitution. 28.12 The board shall have the power in the event of the death, retirement or

disqualification of an elected board member to appoint for the balance of the current electoral term the highest polling unsuccessful candidate from the area represented by the deceased, retired or disqualified member with the proviso that if there is no unsuccessful candidate the board may make an appointment as per Clause 28.11.

29 DELEGATION TO GENERAL COMMITTEES 29.1 For the purposes of these articles, "General Committee" means a Committee

appointed by the Board Members whose Constitution complied with Clause 28.6

29.2 The Board Members may, subject to Clauses 29.5, 29.6 and 29,7 delegate to any General Committee all such powers as the Board Members may think fit; any such delegation shall be made collaterally with, and not to the exclusion of, the Board Members' powers and may be revoked or altered.

29.3 The members of a General Committee shall include at least one Board Member and a majority of the other members of the Committee shall be members of the Society; the remaining members of the Committee need not be members of the Society.

29.4 The Board Member included among the members of a General Committee (or, if more than one Board Member appointed to such office at a meeting of the Board) shall hold office as convener of the Committee.

29.5 Each General Committee shall regulate its proceedings in accordance with the directions issued by the Board Members of the trust and shall give effect to any instruction or decision on matters of principle issued or made by the Board Members of the Society.

29.6 Unless otherwise determined by ordinary/special resolution, the following matters shall be excluded from delegation to any General Committee 29.6.1 Any introduction of a new policy or any change in policy which

could have a significant impact on the Society or which would fall within the responsibility of another Committee or conflict with the declared policy of another Committee

29.6.2 Any matter involving expenditure not in accordance with the financial regulations of the Society

29.6.3 Any capital building project 29.6.4 The appointment of dismissal of any employee of the Society.

29.7 All contracts with third parties in connection with the discharge of the

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functions of a General Committee shall be entered into by the convener of the Committee or, in his or her absence, by some other Board Member of the Society; no member of a General Committee (other than a Board Member) shall contract, or hold himself or herself out as contracting, on behalf of the Society.

29.8 All acts done by a General Committee 29.9 A resolution in writing signed by all the members of a General Committee

shall be as valid and effectual as if it had been passed at a meeting of the Committee duly convened and held; it may consist of several documents in the same form each signed by one or more members of the Committee.

30 SECRETARY AND TREASURER 30.1 The Secretary and Treasurer shall be appointed by the Board for such term,

at such remuneration, and upon such conditions as they may think fit; and any Secretary and Treasurer so appointed may be removed by them.

31 THE SEAL 31.1 The Board shall provide for the safe custody of the Seal, which shall only be

used by the authority of the Board or of a Sub-Committee of the Board authorised by the Board in that behalf, and every instrument to which the Seal is affixed shall be signed by a Board Member and shall be countersigned by a second Board Member or by some other person appointed by the Board for the purpose.

32 ACCOUNTS I 32.1 The Board shall cause proper accounting records to be kept. j 32.2 The accounting records shall be kept at the registered office of the Society or

at suchother place or places as the board thinks fit, and shall always be open ; to the inspection of any Board Member. !

32.3 The Board shall from time to time determine whether and to what extent and at what times and places and under what conditions or regulations the j accounts and books of the Society or any of them shall be open to the j inspection of members not being Board Members, and no member (not being i

a Board Member) shall have any right of inspecting any account or book or i

paper of the Society except as conferred by statute or authorised by the ; Board or by the Society in General Meeting. j

32.4 The Board shall receive before the Society in General Meeting the financial j

reports of Gore and Districts Health Incorporated and other reports, ; 32.5 A copy of every Annual Report (including every document required by law

to be annexed thereto) which is to be laid before the Society in General Meeting, together with a copy of the Auditor's Report, shall not less than 14 : days before the date of the meeting be sent to all persons entitled to receive notices of General Meetings of the Society.

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33 AUDIT 33.1 Auditors may be appointed by the Society at the AGM and their duties

regulated by the Board

34 NOTICES 34.1 A notice may be given by the Society to any Board member or employee

representative either personally or by sending it by post to that person or to that person's last known address, or by telegram, telex, cable or facsimile. Where a notice is sent by post, service of the notice shall be deemed to be effected by properly addressing, prepaying, and posting a letter containing the notice, and to have been effected in the case of a notice of a meeting on the day after the date of its posting, and in any other case at the time at which the letter would be delivered in the ordinary course of post, A notice served by telegram, telex, cable or facsimile shall be deemed to have been served at the expiration of 24 hours from the completion of transmission thereof.

34.2 If a member has no registered address within New Zealand and has not supplied to the Society an address within New Zealand for the giving of notices to him or her, a notice addressed to him or her and advertised in a newspaper circulating in the neighbourhood of the registered office of the Society shall be deemed to be duly given to him or her at noon on the day on which the advertisement appears.

34.3 Notice of every General Meeting shall be given in any manner herein before authorised to: 34.3.1 Every member except those members who (having no registered

address within New Zealand) have not supplied to the Society an address within New Zealand for the giving of notices to them;

34.3.2 Every person being a legal personal representative or an assignee in bankruptcy of a member where the member but for his or her death or bankruptcy would be entitled to receive notice of the meeting; and

34.3.3 The Auditor for the time being of the Society (should there be one). 34.4 No other person shall be entitled to receive notices of General Meetings.

35 ALTERATION OF CONSTITUTION 35.1 This Constitution may be altered, added to, rescinded or otherwise amended

by a resolution passed by a 75% majority of those Board Members present at a General Meeting.

35.2 Every such notice shall set forth the purport of the proposed alteration, addition, rescission or other amendment.

35.3 Duplicate copies of every such alteration, addition, rescission or amendment shall forthwith be delivered to the Registrar in accordance with the requirements of the Act.

35.4 No amendment, addition or alteration shall be made which alters the exclusively charitable nature of the Society.

36 MEMBERS MAY RESOLVE TO PUT SOCIETY INTO LIQUIDATION 36.1 The Society may be put into liquidation if the Society, at a General Meeting

18

73

of its members, passes a resolution appointing a Liquidator and the resolution is confirmed at a subsequent General Meeting called together for that purpose and held not earlier than 30 days after the date on which the resolution to be confirmed was passed.

37 DISPOSITION OF SURPLUS ASSETS 37.1 In the event of the Society being wound up the surplus assets after payment

of the Society's liabilities and the expenses of the winding up shall be given on such terms as the members decide to such one or more charitable bodies which include amongst their main objects similar objects to this Society with preference to those societies which would benefit the inhabitants of The Operating Area as per Clause 1.1 and in default thereof by the High Court of New Zealand.

38 INDEMNITY 38.1 Subj ect to the provisions of the Act, but without prejudice to any indemnity

to which a Board Member may otherwise be entitled, every Board member or other Officer or Auditor of the company shall be indemnified out of the assets of the Society against any loss or liability which he or she may incur in carrying out his or her duties.

39 REGULATIONS 39.1 The Society may from time to time by resolution in General Meeting make,

amend or rescind regulations not inconsistent with these Rules governing j procedure at its meetings and publication (if any) of reports thereof and of the business of the Society. j

40 INTERPRETATION 40.1 In this Constitution where a different intention appears:

"Act" means the Incorporated Societies Act 1908.

"Deemed Member" means a member of the Society who is by virtue of being a resident in the Operating Area deemed to be a member of the Society.

"Society" means the Society incorporated under these Rules.

"Chairperson", "Secretary", "Treasurer", and "Board Members" mean respectively the Chairperson, Secretary, Treasurer and Board Members of the Society.

"Meeting" means a meeting of the Society.

"Member" means a member of the Society and includes a firm, a partnership, a

19

74

Society, an association, a club and a corporation whether registered or not, as well as an individual.

"Service Provider" means any person who provides health and disability goods and services at or through any hospital or health centre owned or administered by the Society on a full time or part time basis, whether an employee of another person or as an independent contractor.

DATED 12th day of November 2001

20

75

11. SOUTHLAND SHARED SERVICES FORUM: DEVELOPMENT OF REGIONAL STRATEGY

(Memo from Chief Executive – 09.09.14)

Last year the Southland Shared Services Forum commissioned a report from McGredy Winder and Co to examine opportunities for further shared services amongst the Southland Councils. The report was commissioned as a result of the Shared Services Forum having been in existence for over ten years and the common belief that a fresh set of eyes on potential services that could be delivered in some form of shared capacity, would be beneficial.

The report was completed earlier this year and I now enclose a copy for the perusal

of Councillors. The report provides a commentary on each service and analyses potential for collaboration along with estimating the level of resourcing required. The report will be used as a guide by the Shared Services Forum to prioritise future services which may be able to be delivered jointly. That stated, a recurring theme and underlying problem of the shared services is being able to set aside a sufficient amount of time before meaningful investigation and analysis to be undertaken. High workloads with existing staff make this difficult.

One of the more surprising aspects in the report was a recommendation for a Regional Strategy to be developed. The author of the report gleaned this deficiency from interviews held with participating Councils. Commentary on this finding can be found on page 24 of the report.

Since the production of the report the Southland Shared Services Forum has spent

some time contemplating how it may act upon the recommendation of developing a strategy for Southland. This has culminated in a request for proposal being developed by the Chief Executives Group. This request for proposal (copy attached) is aimed at engaging a suitable person to work with a select group of influential and progressive thinkers in the region to develop a strategy for Southland.

This request for proposal and the concept of embarking on a strategy for Southland was recently endorsed at a Southland Mayoral Forum. The next step in this process therefore is to obtain the Council’s approval in principle to the concept of participating in a Southland strategy and endorsing the request for proposal.

Final costings for the project will not be able to be ascertained until formal proposals are received. Therefore approval in principle is all that is required at this juncture. Final approval will be sought once indicative costs are known and the names of people who will participate in this steering group have been identified and confirmed.

RECOMMENDATION

THAT the report from McGredy Winder and Co on Shared Services opportunities for Southland Local Authorities be received,

76

AND THAT the Council endorse the request for proposal for preparing a Southland Strategy.

77

Preparing a Southland Strategy

Request for Proposal

Request

The Southland Mayoral Forum and Business leaders have agreed to work together to develop a high level Regional Development Strategy. The strategy is to be a succinct and high level document that sets out a strategic direction for the region, building on its natural advantages and opportunities, and addressing the issues facing the region. It needs to recognise that economic development needs to positively impact our quality of life and the environment and leverage these features for economic advantage. The Strategy will need to provide a platform for joint work and collaboration between the local authorities in the region and also with Southland’s industries, businesses and institutions. It is envisaged that the preferred consultant will work with a steering/working group in developing the strategy. It is also envisaged that an assessment of the regional assets will be done with central government assistance, and that the strategy will align with any central government initiatives and policy in those areas. Please provide a brief (up to 5 A4 pages at maximum) proposal for the following scope of work. Include as a minimum:

the proposed methodology

the proposed schedule

proposed fee basis (i.e. lump sum or time and disbursements (please include charge rates and disbursement mark ups and an estimate of indicative overall fee if selecting a time and disbursements basis).

It is intended the terms of engagement would be ACENZ/IPENZ Short Forum Agreement for Consultant Engagement.

Background A background report was prepared, from which this proposal has been developed. Information in that report indicated: “a static or declining rural population, or small communities that were struggling, of greater emerging differences between rich

and poor, of long-term demographic and economic challenges, of issues with job, tertiary education and career opportunities for young people, of uncertainty over the future of the Tiwai point aluminium smelter, of the slowdown in dairy intensification and the significant remaining opportunities, of the challenges of water quality and the conflict between maintaining appropriate environmental standards and realizing economic development opportunities, and of the potential for utilizing the lignite deposits and a urea plant. Most of the issues that were raised were concerns over the future of the region. The single thing that was missing was an answer to the simple question – well so what is the plan to deal with these problems?...

Given the significance of the challenges and opportunities that Southland continues to face it is suggested that it would benefit

greatly from a strong regional development strategy that provides the platform for joint work and collaboration between the local authorities of Southalnd, but also with Southland’s major businesses and institutions. At the core of a regional

78

development strategy Southland needs to address and resolve key environmental management issues associated with water quality and more intensive farming, as well as how to build resilience in the face of the uncertain future of the smelter.”

It is vital that Environment Southland’s work on water takes place within the broader context of the development of Southland. To have meaning, a regional development strategy will need to reflect the views and expectations of a wide range of stakeholders. IT will require the active engagement of a far wider group of stakeholders than just the Southland councils. The emerging best practice approach to this work is to utilize a collaborative decision-making process, supported by robust analytical work and research. The output of the project will be a regional strategy. It is termed a “strategy” to distinguish it from the plans that are produced by local government agencies. It should be termed a “regional development strategy” rather than an “economic development strategy”. The reason for this recommendation is to ensure that the plan is sufficiently broad to be inclusive. For some an apparent focus on economy is narrow and provocative. An additional reason for using the term “strategy” is that this strategy will be the guiding document for the various plans that are subsequently developed by local government and other agencies. It will not have an operational/delivery aspect to it except in as much as it recommends delivery approaches. Our proposals:

That the plan is termed the “Southland Regional Development Strategy”

The project is termed the “Southland Regional Development Strategy Project Regional Profiling An early aspect of the strategy process would be the assembly of relevant information on the current position of Southland on economic, environmental, social and cultural criteria. Once assembled this would be presented to the Steering Committee and then incorporated into the strategy document as it emerges. It is proposed:

that the local government and sectorial groups in Southland are approached to provide relevant contextual information

that external organisations such as NZIER and other groups which hold regional data are approached to assess what they have available

that MBIE is approached to assess the viability of their doing a profile on the region in parallel with the development of the strategy

Steering Group It is proposed that the project will be led by a Steering Group. The Steering Group should be a group of participants selected and appointed by the Mayoral Forum. The members should not be, nor should they see themselves as there to “represent” a particular sectorial interest. However, they would bring knowledge, experience and insight from their involvement in various sectors and projects. Their commitment is to a common good. That the Steering Group operates as a governance group not an operational group and therefore would be expected to meet 4-6 times during the progress of the project.

79

Steering Group Process The meeting format for the Steering Group is envisaged roughly as follows:

Meeting 1: Set-up and direction o meet and greet o confirm terms of reference o consider the status of the project vis a vis local government and other agencies o consider protocols for public release and engagement with the project, including key

messages o overview and approve meeting plan and work schedule o consider and create a draft vision and outcome statement to guide the rest of the project o consider and agree the key focus areas for the strategy

Meeting 2: Situation and context o consider situation and context information o derive vision, goal and strategy statements setting direction

Meeting 3: Key focus areas o Confirm vision, goals and strategy statements from previous meeting o describe and confirm the direction and content of key focus areas o consider operational delivery approach vis a vis other agencies

Meeting 4: First draft o consider a first draft of the strategy document o identify issues and matters that require further attention and refinement

Meeting 5: Final draft o consider the final draft and approve o consider and decide upon delivery roles and arrangements with other agencies – especially

local and central government o decide on presentation to the Mayoral Forum o consider and confirm release arrangements,

Scope Outline the approach you would adopt to the task of defining the following:

a vision statement which reflects what the region aspires to achieve;

a description of the national and international context within which the region is currently operating;

a description of the essential characteristics of the region;

an assessment of what, under “business as usual” conditions and other scenarios, the region might look like in the future (a “foresight” approach)

an assessment of the strengths and weaknesses (degree of resilience and capacity for growth) of the regional economy and the issues and challenges it faces.

what are the learnings from the past successes using business and or industry examples.

80

an assessment of the assets/opportunities (regional profile) available in the region and the degree of match between these opportunities and the likely future national and international context within which the region will be operating;

the definition of a desired future state – i.e. what success for Southland in future will look like;

an assessment of the options, approaches and methods available to the region to achieve the desired future state, including the costs, accountabilities and institutional arrangements for achieving necessary change.

the identification of five to six themes with realistic priority actions and the definition of the targets that will contribute to their achievement;

the record of all of the above in an agreed strategy document;

the review process and monitoring.

The deliverable is the finalized Strategy document.

The Southland Mayoral Forum will select the preferred consultant at its own discretion and reserves the right

to not select any consultant.

Please submit your proposal (in email format) by ………. to:

Rob Phillips

Chief Executive

Environment Southland

rob.phillips@es.govt.nz

03 211 5115 or 027 211 2260

If you have any queries regarding this request for proposal, please contact me.

Rob Phillips

Chief Executive

81

12. REQUEST TO LEASE LAND ADJOINING GORE MULTISPORTS COMPLEX FOR A PROPOSED PARENTS HUB

(Memo from General Manager District Assets – 15.09.14)

Background This is an update on the request from three local groups, Gore Toy Library, Gore Parents Centre and Gore Play Centre, to form a parents hub with a purpose built facility at the Gore multisports complex.

At its August meeting the Council approved in principle the general project location subject to further information. Staff were instructed to progress discussions with the groups and report back to the Council with a proposal of specific project requirements.

Considerations

The Council staff reviewed the act regarding recreation reserve and the proposed parents hub. Given the nature of the hub’s activities and the associated playground the staff determined that the placement on recreation reserve fell within the requirements. A map showing the approximate location is attached.

The hub representatives have provided a proposed floor plan and a series of

proposed building and a proposed playground layout. It is intended that a detailed site plan will be tabled at the Council meeting.

If the Council approve of the location in principle the parents hub group intend to submit a resource consent application.

Summary Council staff have determined that the proposed Wayland Street site meets the criteria for using the recreation reserve. The proposed parents hub would be an ideal fit with the Council’s facilities at the Gore multisport complex.

RECOMMENDATION

THAT the information be received,

AND THAT the Council approve in principle the location of the proposed parents hub at Wayland Street east.

82

GORE DISTRICT COUNCIL

PO Box 8, GorePh (03) 209 0330

goredc.govt.nzinfo@goredc.govt.nz

All care has been taken in creating this information but Gore District Council accepts no responsibility for its accuracy or content.

Date: 12/09/2014

Ref:

Drawn: SHEWLETT

PARENTS HUB AT WAYLAND STREET

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©2013 ADMORE DESIGNS LIMITED. The Copyright of these plans remains with the creator, AdMore Designs Limited. No part of this publication may be reproduced in any form or by any means without the prior written permission of the copyright owner.

PROPOSED KIDS HUB -TOY LIBRARY/PARENTS CENTRE/ PLAY CENTREJob Number: 1405 Date: AUG 2014 SCHEME A

85

NORTH

©2013 ADMORE DESIGNS LIMITED. The Copyright of these plans remains with the creator, AdMore Designs Limited. No part of this publication may be reproduced in any form or by any means without the prior written permission of the copyright owner.

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86

13. SOUTHLAND SHARED SERVICES FORUM (Memo from Chief Executive – 15.09.14)

Attached are the draft minutes of the most recent meeting of the Southland Shared Services Forum held on 5 September 2014.

RECOMMENDATION

THAT the unconfirmed minutes of the Southland Shared Services Forum meeting held on 5 September 2014, be received.

87

(C:\Users\Tmillan\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\B0Z1ZO7Y\Minutes - 2014 September 5.Docx)

Notes of the Shared Services Forum Meeting held in the Council Chamber, Environment Southland cnr North Road & Price Street, Invercargill, on Friday, 5 September 2014, at 10.35 am _____________________________________

Present: Mr J J Grant (Chair) Cr M G Miller (Environment Southland) Mayor J T Hicks (Gore District Council) Cr C Bolger (Gore District Council) Mayor G Tong (Southland District Council) Cr G Y Sycamore (Invercargill City Council) Cr N Boniface (Invercargill City Council) Mayor B Cadogan (Clutha District Council) Also Present: Mr M Skerrett (Te Ao Marama Inc) Mr P Casson Venture Southland In Attendance: Mr G A Alsweiler Director of Corporate Services Mr B Halligan Acting Chief Executive - SDC Mr R King Chief Executive – ICC Dr A Fox for Chief Executive GDC Ms E Ryley Secretarial Support - ES

1. Welcome Mr Grant welcomed members to the meeting, and particularly welcomed Paul Casson from Venture Southland.

2. Apologies Resolved:

Moved Mayor Hicks, seconded Cr Miller, that apologies for absence be recorded on behalf of Chairman A M Timms and Cr E R Currie – Environment Southland; Mr R Phillips – Chief Executive, Environment Southland; Mr S Hill – Chief Executive, Clutha District Council; and Mr S Parry – Chief Executive, Gore District Council.

Carried

S S F

88

Shared Services Forum – 5 September 2014

(C:\Users\Tmillan\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\B0Z1ZO7Y\Minutes - 2014 September 5.Docx)

3. Notification of Extraordinary or Urgent Business

There were no items added to the agenda.

4. Public Forum, Petitions and Deputations There were no public forums, petitions or deputations presented.

5. Confirmation of Minutes of Last Meeting The minutes of the meeting of 9 June 2014 had been pre-circulated with the agenda. Mr Grant noted that the items on the Action Sheet had been completed, or would be discussed via the agenda today. Resolved:

Moved Mayor Hicks, seconded Mayor Tong, that the minutes of the Shared Services Forum meeting, held on 9 June 2014 be confirmed as a true and correct record.

Carried

6. Chairman’s Report The Chairman did not present a report.

7. Financial Report The financial report for the period ended 30 June 2014 had been circulated with the agenda. Resolved:

Moved Mayor Hicks, seconded Mayor Tong, that the financial report for the period ended 30 June 2014 be received as information.

Carried

8. Our Way Southland Project Included in the agenda papers was a report from Mr Alsweiler about the Our Way Southland (OWS) Project and a Final Report on the review of OWS from Nick Taylor of Taylor Baines & Associates. The report provided three options for the future of this project: change or no change; regional strategic framework; and organisation change.

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Shared Services Forum – 5 September 2014

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Mr Alsweiler explained that OWS had achieved some good outcomes and he referred to the first sentence under the conclusions and recommendations within the Taylor Baines report that “OWS clearly provides an important service to the region…” He felt it was important not to end OWS until the Regional Strategy was in place and everyone was aware of how that would operate and impact on the project, and the support that may be required for that work. Mr Grant advised that in discussions regarding funding reduction by both SDC and ICC, the CE’s Shared Services Subcommittee had discussed the Taylor Baines report and agreed that as part of the Regional Strategy, aspects of the OWS work would be addressed. In particular he referred to the Annual Survey work that was undertaken. Cr Miller was concerned that the project was disappearing and noted it was one of the first Shared Services projects undertaken successfully. She felt there should be continuity with the Parenting, Leadership and Youth projects, and that if there was no driver of those programmes the gains that had been made would decrease, and lead to duplication of effort, or no effort at all. She also noted that the survey work uncovered important issues and this had been a conduit that could have commenced the Strategy for Southland. She asked what the future direction would be. Mr Grant advised that the same level of input could not be achieved when there was a reduction in funding. Discussion had been held by the CE’s Subcommittee and Mayoral Forum about continuing the project through Venture Southland and that would be further considered via the Regional Strategy. He felt however there would be a gap between the processes. Mayor Hicks expressed sadness that there would be a gap at this point however he felt if the work in this project was picked up by the Regional Strategy he would be comfortable with that. The question to consider was, what that would look like. Mr Grant suggested the Shared Services Forum recommend this as a priority to ensure it was part of the Regional Strategy. Mayor Hicks agreed with that view. Dr Fox felt this was in effect the demise of OWS as it required someone dedicated to carry out high standard research work. He cautioned the Forum against deferring this work. If the group felt that was merit in the work, then it needed to be continued and resourced. Dr Fox advised that the community engagement networks and linkages that had been developed would be useful but if left for another six months would not be there. There was some urgency to this matter. Mayor Tong reported on a recent meeting with the Police and District Health Board and he advised that some parts of this would fit into their portfolios, e.g. safe places for a caring society and well educated school communities. They were considering employment of a full-time person for this work. Mr Casson agreed that linkages with Central Government agencies were important. Cr Sycamore explained that the ICC was the first to withdraw funding from OWS and would also be the first to support the Regional Strategy. The reason the ICC withdrew funding was because it felt there was too much duplication and that the work could be better carried out

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by other means. He felt there would be support for the project if it was part of the Regional Strategy. As a result of the discussions it was agreed that parts of OWS should be integrated into the Regional Strategy work, and that this matter should be referred back to the CE’s Subcommittee for that group to report back further on how this matter should be progressed, based on the discussions today. Mayor Cadogan congratulated Southland on its courage to analyse its communities in a unique way.

9. IT Shared Services Mr Grant referred to the Project update which was included on the agenda today. He noted that it had been agreed that work stream three – the disaster recovery work, would be progressed as a priority. There was no discussion arising out of this item.

10. Regional Strategy Mr Grant noted that the review of Shared Services, undertaken by Peter Winder, had resulted in the recommended development of a Regional Strategy for the region. Whilst that work-stream had been developed, the group had identified that other organisations were already considering similar work streams. As a result of discussions held to date progress had been made as follows:

recommendation to the Mayoral Forum, and support from same received, to undertaken a Regional Development Strategy.

formation of a Governance Group of 10-15 members with an independent chair, to oversee the work to be carried out, as agreed by the Mayoral Forum and the Shared Services Forum.

RFP developed to seek an independent consultant.

a Steering Group that will sit beneath the Governance Group to provide support and information to the Governance Group, so that ultimately four or five priorities will be identified within the Strategy.

Mr Casson of Venture Southland and representatives from the Chamber of Commerce will participate.

Governance Group will meet five times over five months with its recommendations to be presented to the Mayoral Forum and Shared Services Forum.

Work developed from that (and hopefully securing Government funding through MBIE) to drive the Strategy and work programmes including that of Shared Services going forward.

CE’s Shared Services Forum agreed in principle to consider resourcing future work of Shared Services at a higher level via a dedicated resource rather than leaving individual staff members and individual councils to drive the process.

Cr Sycamore suggested the timing of the Regional Strategy was appropriate as there was growing awareness on behalf of the Government of the need for regional development.

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New Zealand was facing the problem of being too Auckland centric. He talked about a similar situation being carried out in England. Cr Miller thanked Mr Grant for the good report. She asked if the councils’ partners had been involved in all these discussions, e.g. Iwi. Mr Grant advised that at this stage the proposal was in terms of a Governance Group that Ngai Tahu and youth would be involve, and that so far it appeared the gender balance and age was reflective of the future rather than the past. Mr Grant advised it was important to find the right person to chair the Governance Group and he asked members to inform him if they knew of anyone appropriate for the role. It would be preferable if it was someone outside of the Council system to ensure that the project did not become council-centric, although there were to be two council members represented on the group. Cr Bolger referred to Dr Fox’s earlier note of caution about not delaying the process for some months. Mr Grant advised this would not wait for months but would be reported back to the next Chief Executives Subcommittee meeting for further progression. Mr Casson advised that at the end of June the Economic Development Association of New Zealand held five workshops around the country. He had presented a proposal that Southland needed to be part of the Regional Development Strategy. The driving force was to give the incoming Government a briefing paper on regional development. That document was near completion and he advised he could provide a copy of it to the group next week. It would define what regional development was, who would be involved, how it would work etc. Mr Grant advised that generally at this time there would have been discussion about the next 12 months of Shared Services Forum. He suggested, and it was agreed, that this should be delayed until the Regional Strategy was completed.

11 Extraordinary and Urgent Business There was no extraordinary or urgent business considered by the meeting.

12 Public Excluded Business Resolved:

Moved Mayor Hicks, seconded Cr Miller, that the public be excluded from the following part of the proceedings of this meeting. The general subject of the matter to be considered while the public is excluded, the reason for passing this resolution in relation to the matter, and the specific grounds under Section 48(1) of the Local Government

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Official Information and Meetings Act 1987 for the Passing of the resolution are as follows:

General Subject Matter

Reason for Passing the Resolution

Grounds Under S. 48(1)

12.1 – Confirmation of Minutes – Public Excluded Section – 9 June 2014

To prevent the disclosure or use of information for improper gain or advantage.

S.7(2)(j)

It is further moved that staff present (Graham Alsweiler, Bruce Halligan, Richard King, Aaron Fox, Paul Casson and Liz Ryley) be permitted to remain at this meeting after the public has been excluded.

Carried

Resumed in Open Meeting

13 Date of Next Meeting The date of the next meeting was confirmed as Friday, 8 December 2014, at the Southland District Council, commencing at 10.30 am.

Closure There being no further business, the meeting closed at 11.05 am.

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14. REPORTS FROM COUNCILLORS

Reports from His Worship the Mayor and Crs Byars, Beale, Page, D Grant, Davis, P Grant and Gover are attached.

RECOMMENDATION THAT the reports be received.

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Councillor Report Template

Tracy Hicks Period Under review Aug/Sept 2014

Meetings attend over the period:

CNT strategic planning workshop

Chair meet the candidates evening

Venture Southland

Various Trials meetings

Alliance South

Rural health alliance team

A+P joint committee

Hokonui tertiary high school

Student engagement service

Parents centre - Family friendly awards

Chairs meeting

Various meetings with residents

Venture Southland

Hokonui rununga

Invest south AGM

Various CToS meetings

Councillors tour of district facilities

Mayoral forum

Mataura community board

Motorhome assn. re motorhome friendly status

GDC workshops re LTP

Rural Health alliance forum

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Tracy Hicks Cont'd

Sland shared services

Gore Main School - world literacy day

RNZN - resident naval officer

Opening of REAP house Gore

Hospice shop promotion

Rural Health alliance

MLT

Te RoopuTaiao hui

Alliance South.

Gore A+P agm

Community Groups/Key stakeholders contacted

Key issues discussed

Initiatives to be pursued in next quarter

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Councillor Report Template

Cr Diane Byars Period Under review 12 August - 23 August 2014

Meetings attend over the period:

Citizens Advice Bureau AGM - 27 August 2014

GDC Workshop - 28 August 2014

GDC Tour- 29 August 2014

Mataura Community Board Workshop -1 September 2014

GDC Committee Meetings and Workshop - 2 September 2014

Otama Water Scheme Meeting - 3 September 2014

Local Alcohol Policy Hearing - 8 September 2014

LTP Workshop - 9 September 2014

Citizens Advice Bureau Meeting -16 September 2014

Youth Council Speed Dating event and GDC Meeting - 23 September 2014

Community Groups/Key stakeholders contacted

Key issues discussed

Initiatives to be pursued in next quarter

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Councillor Report Template

Cr Ralph Beale Period Under review 12 August -16 September

Meetings attend over the period:

Aug 12 Full Council

25 Aug LGNZ 3 Waters mtg Invercargill

28 Aug Special GDC mtg

1 Sept Mataura C/Board mtg

2 Sept GDC Committee mtg

9 Sept GDC LTP Workshop

11 Sept Croydon Aviation Heritage Trust

16 Sept Hokonui Moonshine Trust

Community Groups/Key stakeholders contacted

Key issues discussed

Initiatives to be pursued in next quarter

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Councillor Report Template

Cr Graham Page Period Under review 21 July - 2 September

Meetings attend over the period:

12th August GDC Council

28th August & 31st July Gore Hospital Board meetings

28th. GDC Special meeting

29th. GDC Tour

1st Sept Mataura Community Board

2nd. GDC Committees

Community Groups/Key stakeholders contacted

Key issues discussed

Initiatives to be pursued in next quarter

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Councillor Report Template

Cr Doug Grant Period Under review 13th August - 23 Sept

Meetings attend over the period:

Business Continuity Planning W/S 13 Aug

Hokonui Tertiary Meeting 22 Aug

OPUS W/S 28 Aug

Council Tour of Assets 29 Aug

LTP Reading & 3 Waters W/S 04 Sept

LAP Meeting Ingill 08 Sept

LTP Planning W/S 09 Sept

Community Groups/Key stakeholders contacted:

Trying to get a meeting organised with

Gore Tennis Club re; Combined Courts at Preston St

Key issues discussed

Initiatives to be pursued in next quarter

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Councillor Report Template

Cr Davis Period Under review August

Meetings attend over the period:

Chairs meeting. Young Ambassador debrief. Brand meeting. Council planning meeting. Hokonui Aquatics, meeting with Council. A & P Association. All

day Otago Southland Regional Land Transport meeting. Chairs meeting. Opus Workshop. All day Council Tour.

Community Groups/Key stakeholders contacted

Hokonui Aquatics, discussion with Council.

Key issues discussed

Initiatives to be pursued in next quarter

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Councillor Report Template

Cr Peter Grant Period Under review 12 August -12 September

Meetings attend over the period:

Chairs

MV Milk WS

Dog Classification

South Gore WS

LTP WS

LAP

LTP WS 9/9/14

Community Groups/Key stakeholders contacted

Key issues discussed

Initiatives to be pursued in next quarter

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Councillor Report Template

Cr Anne Cover Period Under review 13 Aug - 23 Sept 2014

Meetings attend over the period:

13 August Southland Warm Homes Trust

20 August Sister Cities Meeting

28 August Counselling Centre Executive

29 August Council Tour

1 September Youth Awards Meeting

1 September Dog Hearing

1 September Youth Council

2 September Council Committees

2 September Workshop - South Gore Industrial Area

4 September Workshop - Service Level Reviews for Reading and Three Waters

8 September Pioneer Women's Trust AGM

9 September Workshop - Policies

10 September Psychoactive Substances Hearing at Invercargill

19 September Gore Welfare League AGM

22 September Youth Council

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EXCLUSION OF THE PUBLIC His Worship to move that the public be excluded from the following parts of the proceedings of this meeting, namely the items as listed below. The general subject of each matter to be considered while the public is excluded, the reason for passing the resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987, for the passing of this resolution are as follows: General Subject Matter Confirmation of Minutes Confirmation of the minutes of the ordinary meeting of the Gore District Council, held in committee, on Tuesday 12 August 2014. Other Business Mataura Valley Milk – water supply Wastenet Waste Advisory Group minutes of meeting held in committee on 19 June 2014. Request to transfer land in Mataura Southland Shared Services Forum, minutes of meeting held in committee on 5 September 2014.

Reason for passing this resolution in relation to each matter Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) Protect the privacy of natural persons, including that of deceased natural persons. Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Grounds under Section 48(1) for the passing of this resolution 7 (2) (i) 7 (2) (a) 7 (2)(i)

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