NAPIER CITY COUNCIL LOCAL GOVERNANCE STATEMENT - Adopted by Council at its Ordinary Meeting of Wednesday, 26th February 2014
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NAPIER CITY COUNCIL
LOCAL GOVERNANCE STATEMENT
Adopted by Council at its Ordinary Meeting
of Wednesday, 26th February 2014LOCAL GOVERNANCE STATEMENT
CONTENTS
INTRODUCTION ..................................................................................................................................................................... 1
1. Functions, Responsibilities and Activities ...................................................................................................... 1
1.1. Values ............................................................................................................................................ 1
1.2. Roles .............................................................................................................................................. 2
1.3. Principles ....................................................................................................................................... 3
1.4. Citizens' Charter ............................................................................................................................ 4
2. Legislation..................................................................................................................................................... 5
2.1. Acts ............................................................................................................................................... 5
2.2. Local Legislation ............................................................................................................................ 6
2.3. Bylaws ............................................................................................................................................ 6
3. Electoral Systems........................................................................................................................................... 8
4. Representation Arrangements ....................................................................................................................... 9
4.1. Current Situation ............................................................................................................................ 9
4.2. Review Requirements ..................................................................................................................... 9
4.3. Maori Wards and Constituencies .................................................................................................... 9
4.4. The Reorganisation Process ......................................................................................................... 10
5. Members' Roles and Conduct ...................................................................................................................... 10
6. Governance Structures ................................................................................................................................ 12
6.1. Committees.................................................................................................................................. 12
6.2. Meetings ...................................................................................................................................... 12
7. Council Organisations ................................................................................................................................. 12
7.1. Council-Controlled Organisations ................................................................................................. 12
7.2. Council Organisations .................................................................................................................. 13
7.3. Other Organisations in Which Council Has a Significant Interest................................................... 14
8. Meeting Processes ....................................................................................................................................... 14
9. Consultation ................................................................................................................................................ 14
9.1. Consultation Policy....................................................................................................................... 14
9.2. Liaising With Maori ....................................................................................................................... 15
10. Management Structures and Relationships .................................................................................................. 15
11. REMUNERATION AND EMPLOYMENT POLICY ................................................................................................ 15
12. GOOD EMPLOYER AND EQUAL Employment Opportunity ............................................................................. 16
13. Key Approved Planning & Policy Documents ................................................................................................ 16
13.1. Annual Plan/Long Term Plan ........................................................................................................ 16
13.2. District Plan ................................................................................................................................. 16
13.3. Heretaunga Plains Urban Development Strategy (HPUDS) ............................................................. 16
13.4. Triennial Agreement..................................................................................................................... 17
13.5. Other Policy Documents ............................................................................................................... 17
14. Systems for Public Access............................................................................................................................ 17
14.1. Principal Office ............................................................................................................................. 17
14.2. Elected Members .......................................................................................................................... 17
14.3. Complaints................................................................................................................................... 17
15. Requests for Official Information ................................................................................................................. 181
LOCAL GOVERNANCE STATEMENT
INTRODUCTION
Napier City Council's Local Governance Statement is a collection of information about the processes that
Council uses to engage with the city's residents.
It outlines how Council makes decisions and shows how residents can influence those processes. It also
promotes local democracy by providing the public with information on ways they can influence local
democratic processes.
Council's Local Governance Statement is a requirement of Section 40 of the Local Government Act 2002.
Council is obliged to produce a new Local Governance Statement within six months after each triennial
election.
1. FUNCTIONS, RESPONSIBILITIES AND ACTIVITIES
The broad long-term purpose of the Napier City Council as the City's Territorial Government is described
by its Mission Statement.
To provide the Facilities and Services and the Environment, Leadership,
Encouragement and Economic Opportunity to make Napier the best
provincial city in New Zealand in which to live, work, raise a family, and
enjoy a safe and satisfying life.
The Council establishes strategic and operational plans, and sets goals and measures key targets,
consistent with the Mission Statement.
In doing so, the Council is guided by the following values, roles, principles and the Citizens' Charter
which act as guidelines and standards for its decisions and service delivery.
1.1. VALUES
1.1.1. Heritage
The Council recognises its responsibility to protect the inheritance of Napier's unique natural and
built environment.
1.1.2. Respect for the Individual
Every person having dealings with the Council will be given their due respect and consideration.
People will be treated as citizens, customers and individuals.
1.1.3. Cultural Values
The Council will be culturally sensitive, recognising, supporting and respecting the customs and
aspirations of the tangata whenua, taura here and other ethnic groups within the Napier
community.
1.1.4. Innovation
The Council acknowledges that society is in a state of continuing change. The Council will treat
change as an opportunity rather than a threat. Positive innovation, by both staff and elected
members, in meeting citizens' needs will be encouraged.
1.1.5. Excellence
The Council aims at excellence as the standard of service and performance. The Council will
lead by example, setting high standards for itself.2
1.2. ROLES
1.2.1. Statute
As a Territorial Local Authority, the Napier City Council derives its powers, responsibilities, and
discretion from the Central Government, through Statute.
1.2.2. Representation
The role of Elected Representatives is to represent citizens and to consider and decide Council
policy. The role of the Staff is to offer policy advice and to administer and implement the policy
once decided.
1.2.3. Accountability
Elected Representatives oversee and monitor the implementation of the Council's policies and
decisions through the Chief Executive. The Council employs the Chief Executive, who is
accountable to the Council for the performance of the staff.
1.2.4. Range of Services
The Council will provide both Core Essential Services and Discretionary Services. Core Essential
Services will be provided throughout the urban area of Napier. They are defined as those
services that are:
required by Statute to be provided by the Territorial Local Authority, or
are considered essential to maintain the well-being of the community and/or citizens, or
cannot be provided or are not provided by some other private or public agency or business.
Provision of non-core (discretionary) services will depend on proven need and the community’s
ability and willingness to pay.
The types of services include:
management of local infrastructure and services including network infrastructure (eg roads,
sewage disposal, water, stormwater) and community infrastructure and services (eg libraries,
tourism services, community development, parks and recreational facilities)
environmental management
planning for the future needs of the local district
1.2.5. Economic Development
The Council will take a leading role in promoting economic growth and development in Napier
and Hawke's Bay.
1.2.6. Community Development
The Council will support and empower individuals and voluntary and community-based
organisations to meet their own needs through self-help processes. It will ensure the provision
of community services and facilities promoting health, safety, education and well-being. The
Council will not provide or finance significant social welfare or income support as these are the
responsibility of Central Government.
1.2.7. Co-operation
The Council will co-operate with other Government, Local Government, private and community
organisations, to promote Napier’s interests.
1.2.8. Advocacy
The Council will advocate Napier’s interests in external forums.3
1.2.9. Separation of Regulation and Service Delivery
The Council will, as far as practicable, separate its regulatory, service delivery and trading
functions, so as to avoid discriminating in its own favour and to be seen to be operating in a fair
and transparent manner.
1.2.10. Trading Activities
The Council will normally operate commercial businesses only when they are considered to be in
the strategic interest of the City. All non-strategic Council commercial business operations will
function without subsidy from rates and without advantage over the private sector. Business
operations considered non-strategic must produce a return on investment, or be sold.
1.3. PRINCIPLES
1.3.1. Regulations
The Council will set and enforce regulations where it is necessary to achieve the Council’s goals
and policy. Regulation will not be used when education, financial incentives, or market forces
will achieve better results. Regulation will be used to encourage the orderly development of the
City, and will be enforced with fairness and without favour.
1.3.2. Payment for Services
Where services benefit the whole community, those services will be paid from Non Targeted
Rates. Where services benefit individuals or small groups in the community, User Charges or
Targeted Rates will be generally used to pay for those services.
1.3.3. Contracting Out
Council will generally make major purchases of goods and services from suppliers by competitive
tendering.
Goods and services will be contracted out where there is a clear advantage to the Council in
terms of cost, effectiveness or flexibility. The Council will retain in-house resources, necessary in
order to guarantee effectiveness.
1.3.4. Funding of Capital Work
Major capital works will be funded, where possible, from current income, income from
Development or Financial Contributions which mitigate the effects of the development, and from
savings in order to minimise costs to current and future ratepayers. Funding by loan will be
limited to avoid undue impositions on future ratepayers and to prudently manage City finances,
leaving options open for future Councils.
1.3.5. Maintenance and Protection of Assets
The Council will maintain its facilities to sustain their value and amenity, and its infrastructure to
sustain its capacity. When maintenance is impractical or uneconomic, the facilities and
infrastructure will be replaced or renewed, if necessary. The Council will provide for this work in
its Activity Management Plans.
1.3.6. Human Resources
The Council will be a good employer, committed to promoting equal employment opportunities.
It will appoint the person best able to do the job, rewarding them at market rates, whilst
providing training and positive encouragement so they may perform at their best.
1.3.7. Treaty of Waitangi
The Council acknowledges that the place of the Maori is protected through the Treaty of
Waitangi. Maori will be part of Council decision-making and Council will continue to seek Maori
views and recognise Maori expertise, Maori spiritual and cultural values of taura here and the
special role of the Napier tangata whenua.4
1.4. CITIZENS' CHARTER
Every Citizen can expect:
1.4.1. Communication & Consultation
(The Local Government Act 2002 provides for mandatory levels of communication and
consultation as follows)
That Council will communicate and consult with persons who will or may be affected by or have
an interest in any decision or other matter in accordance with the following principles.
The Council will provide reasonable access to relevant information.
The Council will encourage views to be presented to it and will provide information concerning the
purpose of the consultation and scope of the decisions to be taken.
The Council will provide a reasonable opportunity for views to be presented to it and will receive
the views presented to it with an open mind.
The Council will provide persons who present views with the decisions taken and the reasons for
those decisions.
The Council has the discretion to observe these principles in the manner it considers to be
appropriate in any particular instance, and in observing this discretion have regard to
the extent to which views and preferences of persons who will or may be affected or have an
interest in the decision or matter are known
the nature and significance of the matter
the provisions of the Local Government Official Information & Meetings Act
the costs and benefits of any consultation process.
Section 9 outlines further requirements on consultation, particularly in regard to the Special
Consultative Procedure.
1.4.2. Information
That information will be made available on how services are run, what they cost and who is in
charge. Citizens have the right to access any public information produced by Council (in some
cases a fee for this information may be charged).
1.4.3. Transparency
That the Council will ensure that citizens' views about services and their priorities for
improvement are taken into account. As far as possible and in accordance with the legislation,
decisions will be made in meetings “open” to the public and after consulting with those that the
decisions will affect. Opportunities will be provided on a regular basis for members of the public
to meet and discuss their concerns with Councillors. They may do this as an individual or as a
group.
1.4.4. Customer Service
That quality of service will be paramount. All citizens dealing with the Council will receive
prompt, courteous and professional service. Unsatisfactory service will be remedied without
delay (see remedies).
1.4.5. Value for Money
That public services will give value for money within the resources the city can afford.
1.4.6. Remedies
That well publicised and easy to use complaint procedures are in place.5
2. LEGISLATION
2.1. ACTS
In fulfilling its purpose Napier City Council exercises powers and fulfils responsibilities conferred
on it by the following legislation and its associated amendments:
Animals Act 1996 Local Electoral Act 2001
Animal Identification Act 1993 Local Government Act 1974
Animal Welfare Act 1999 Local Government Act 2002
Biosecurity Act 1993 Local Government Official Information & Meetings
Building Act 2004 Act 1987
Burial & Cremation Act 1964 Local Government (Rating) Act 2002
Bylaws Act 1910 Machinery Act 1950
Charities Act 2005 Marine Farming Act 1971
Children, Young Persons and their Families Act 1989 Marine Mammals Protection Act 1978
Civil Defence Emergency Management Act 2002 Maritime Transport Act 1994
Climate Change Response Act 2002 Occupiers' Liability Act 1962
Commissions of Inquiry Act 1908 Official Information Act 1982
Conservation Act 1987 Ombudsmen Act 1975
Conservation Law Reform Act 1990 Parental Leave & Employment Protection Act 1987
Consumer Guarantees Act 1993 Personal Property Securities Act 1999
Crimes Act 1961 Plumbers, Gasfitters, & Drainlayers Act 2006
Disabled Persons Community Welfare Act 1975 Policing Act 2008
Dog Control Act 1996 Privacy Act 1993
Employment Relations Act 2000 Private Investigators and Security Guards Act 1974
Fair Trading Act 1986 Property Law Act 2007
Fencing Act 1978 Prostitution Reform Act 2003
Fencing Of Swimming Pools Act 1987 Protected Disclosures Act 2000
Financial Reporting Act 1993 Public Audit Act 2001
Financial Transactions Reporting Act 1996 Public Bodies Contracts Act 1959
Fire Service Act 1975 Public Bodies Leases Act 1969
Fisheries Act 1996 Public Finance Act 1989
Food Act 1981 Public Works Act 1981
Foreshore & Seabed Act 2004 Rates Rebate Act 1973
Forest and Rural Fires Act 1977 Rating Valuations Act 1998
Gambling Act 2003 Reserves Act 1977
GST Act 1985 Residential Tenancies Act 1986
Harbours Act 1950 Resource Management Act 1991
Hazardous Substances And New Organisms Act 1996 Retirement Villages Act 2003
Health Act 1956 Sale Of Liquor Act 1989
Health & Safety in Employment Act 1992 Secret Commissions Act 1910
Historic Places Act 1993 Securities Act 1978
Holidays Act 2003 Smokefree Environments Act 1990
Human Rights Act 1993 Soil Conservation and Rivers Control Act 1941
Impounding Act 1955 Summary Offences Act 1981
Income Tax Act 2004 Summary Proceedings Act 1957
Industry Training Act 1992 Telecommunications Act 2001
Interpretation Act 1999 Trade in Endangered Species Amendment Act 1991
KiwiSaver Act 2006 Transport Act 1962
Land Act 1948 Transport (Vehicle and Driver Registration and
Land Drainage Act 1908 Licensing) Act 1986
Land Transport Act 1998 Trespass Act 1980
Land Transport Management Act 2003 Unit Titles Act 1972
Litter Act 1979 Wildlife Act 1953
Local Authorities (Members' Interests) Act 1968
Local Authority Reorganisation (Property Transfers)
Act 19906
2.2. LOCAL LEGISLATION
In addition to the legislation that applies to all local authorities, the Napier City Council is also
bound by 3 pieces of local legislation (Acts that apply specifically to it). Those Acts are:
Hawke’s Bay Endowment Land Empowering Act 2002 which enables certain land vested in Napier
City Council to be sold free from endowments, allows Napier City Council unrestricted use of
proceeds from land freeholded on or after 30 March 2002 (including sale of lagoon farm) subject
to use being specified in adopted Annual Plans, but restricts the use of income from land not
freeholded to the maintenance of the Napier Harbour.
Napier Borough Endowments Act 1876 which endows certain land to Napier City Council and
enables Council to develop, lease or use such land for public or recreation purposes, and to sell
land specified in Schedule 3 of the Act as amended in 1999.
Napier City Council (Land) Empowering Act 1989 which provides that certain land vested in the
Council is held for general purposes, and any revenue received from the land or any buildings
on it is credited to Council’s general revenues.
2.3. BYLAWS
In addition to the Local Acts, Napier City Council has issued a number of by-laws.
A bylaw is local legislation that applies to local issues that existing Acts of Parliament or
Regulations do not cover. The main purpose of a bylaw is to: regulate certain activities; protect
the public from nuisance; protect public health and safety; minimise potential for offensive
behaviour; or prescribe licensing fees. Bylaws are really standards for good rule and conduct and
social behaviour that if breached may incur a prosecution and fine.
Generally a bylaw regulates certain activities where council policy is unsuitable, prescribes fees
for certificate, authority, approval, permit, consent or inspection or applies where a mechanism is
needed for imposing penalties for offences not available through current legislation or regulation.
Currently Napier City has 19 bylaws as follows:
Napier City Council Bylaws Adopted Reviewed Next
Review
Liquor Control Bylaw 2004 2013 2023
Enhance safety and the public enjoyment of public places in a
responsible manner, particularly within the central city, by
providing for liquor control in specified public areas to reduce the
incidence of alcohol related offences, particularly those of a
violent and/or destructive nature.
Dog Control Bylaw 2004 2009 2019
Enhances the safety of the public and children by minimizing the
distress, nuisance and intimidation caused by dogs to the
community, avoiding the inherent danger of uncontrolled dogs in
public places and to provide dogs and their owners with the ability
to satisfy their recreational needs, as far as is practicable through
legislative means.
Introductory Bylaw 2008 Due
before
Identifies and clearly interprets the terms and expressions that are May
used throughout Napier City Council bylaws. Outlines the serving of 2015
orders and notices, powers of delegation and entry, suspension and
revocation of licences, removal of works, fees and charges, offences
and penalties for breach of bylaws.
Animal Control Bylaw 2008 Due
before
Controls the keeping of animals, poultry, bees and reptiles on May
private property and trapping activities in public and private places. 2015
Sets minimum necessary requirements on owners for maintaining
the principles of animal welfare and for the protection of residents
and the local community from potential nuisance, excess noise, and
health hazard.7
Napier City Council Bylaws Adopted Reviewed Next
Review
Cemeteries Bylaw 2008 Due
before
Controls activities within Cemeteries to ensure acceptable May
standards of operation, and to ensure that convenience, safety, 2015
visual amenity and civic values are maintained for the wellbeing
of residents, monumentalists, and funeral services.
Fire Control Bylaw 2008 Due
before
Control burning in the open air in the District and prevent smoke May
from fires in the open causing a nuisance. Control and prevent 2015
the spreading of fires in the District.
Food Safety Bylaw 2008 Due
before
Sets requirements so that all premises, where food is prepared for May
sale, employ staff who are adequately trained in food hygiene. 2015
Allows territorial authorities to close premises that are in-sanitary.
Ensures that safe food is available in all food premises throughout
the District.
Parking Control Bylaw 2008 Due
before
Controls parking activities and addresses parking issues which May
may have an adverse effect on other users of public places. 2015
Parks & Reserves Bylaw 2008 Due
before
Controls a diverse range of activities and addresses behaviour in May
public facilities such as parks, reserves and beaches. Addresses 2015
activities within these areas which may have an adverse effect on
other users of these facilities.
Public Places Bylaw 2008 2010 2020
Ensures that acceptable standards of convenience, safety, visual
amenity, and civic values are maintained within the district.
Addresses damage to public places such as roads, grass verges,
garden areas and reserves and activities within public places and
reserves which may have an adverse effect on other users of
these facilities.
Skin Piercing Bylaw 2008 Due
before
Prevents the transference of communicable diseases, and the May
development of wound infections, by skin piercing practices. 2015
Requires that premises at which skin piercing is practised are
registered, and provides constructional and operational standards
to be complied with in accordance with the registration process.
Solid Waste Bylaw 2012 Due
2017
Regulates Waste Management including the collection,
transportation and disposal of waste. Aims to support waste
minimisation and reduction, and assist in the implementation of
the Council’s Solid Waste Management Plan and the New Zealand
Waste Strategy, to ensure effective and efficient waste
management, and to impose performance standards for waste
handling.
Trade Waste Bylaw 2008 Due
before
Protects wastewater infrastructure and regulates disposal and May
treatment of trade waste. Aims to ensure effective and efficient 2015
trade waste management, and to meet requirements of discharge
consents for treated waste to the marine environment by
imposing performance standards and requirements for trade
waste disposal.
Trading In Public Places Bylaw 2008 Due
before
Regulates the conduct of persons selling goods on streets, roads, May
footpaths and other public places, or using vehicles to sell goods 2015
and services to the general public. Prescribes fees where required.8
Napier City Council Bylaws Adopted Reviewed Next
Review
Water Supply Bylaw 2012 Due
2017
Provides protection for Council’s water supplies and infrastructure.
Defines the water supply areas and sets out conditions of supply.
Wastewater Drainage Bylaw 2008 Due
before
Ensures the protection of the general public. Defines drainage May
areas and controls wastewater disposal. Provides protection for 2015
Council's infrastructure, treatment plant and disposal facilities.
Stormwater Bylaw 2012 2017
Prevents the misuse of Council's public stormwater network by:
controlling the discharge of contaminants into the network,
requiring the use of the network for the drainage of stormwater
only, protecting the network from damage or alteration.
Mobile Sign Bylaw 2013 2018
Ensures vehicle and trailer advertising signs are erected,
maintained, positioned and displayed in such a manner that they
do not present a hazard or a danger to public safety. Seeks to
maintain aesthetic standards.
Speed Limits Bylaw 2012 2017
To set speed limits for roads in the urban traffic areas.
Copies of bylaws are available for public inspection at the Napier City Office, Civic Building,
Hastings Street, and on the Napier City Council website www.napier.govt.nz.
By-laws made on or after 1 July 2003 must be reviewed within 5 years after the date on which
they are made. However, once any by-law has been initially reviewed, all subsequent reviews
must be carried out within 10 years after the date of the last review.
3. ELECTORAL SYSTEMS
Napier City Council currently operates its elections under the first past the post electoral system.
This form of voting is used in parliamentary elections to elect Members of Parliament to
constituency seats. Electors vote by indicating their preferred candidate(s), and the candidate(s)
that receives the most votes is declared the winner regardless of the proportion of votes that
candidate(s) obtained.
The other option permitted under the Local Electoral Act 2001 is the single transferable vote
system (STV). This system is used in district health board elections and by some local authorities.
Electors rank candidates in order of preference. The number of votes required for a candidate to
be elected (called the quota) depends on the number of positions to be filled and the number of
valid votes. The necessary number of candidates to fill all vacancies is achieved first by the
counting of first preferences then by a transfer of a proportion of votes received by any
candidate where the number of votes for that candidate is in excess of the quota, and then by
the exclusion of the lowest polling candidates and the transfer of these votes in accordance with
voters’ second preferences.
Under the Local Electoral Act 2001 the Council can resolve to change the electoral system to be
used at the next two elections or conduct a binding poll on the question, or electors can demand
a binding poll. A poll can be initiated by at least 5 per cent of electors signing a petition
demanding that a poll be held. Once changed, an electoral system must be used for at least the
next two triennial general elections, i.e. the electoral system cannot be changed for one election
and then changed back for the next election.
Following a valid demand received by at least 5 per cent of the electors, a poll for the electoral
system to be applied by Napier City Council was held in May 2003. The result of the poll was the
retention of the first past the post system and this system applied for the 2004, 2007, 2010 and
2013 triennial elections.
The Council has made no decision on the electoral system to apply for the 2016 triennial
election. Accordingly the Council could resolve by 12 September 2014 to change the system, or
by 28 February 2015 Council could resolve to conduct a binding poll, or electors could demand a
poll on the electoral system to apply.9
4. REPRESENTATION ARRANGEMENTS
4.1. CURRENT SITUATION
Napier City Council has one Mayor and twelve Councillors. Six of the Councillors are elected 'at
large'. The other six are elected by wards as follows:
Ahuriri Ward 1 Councillor
Onekawa-Tamatea Ward 1 Councillor
Nelson Park Ward 2 Councillors
Taradale Ward 2 Councillors
This representation structure has applied from the 2007 triennial elections.
Napier City Council has no community boards.
4.2. REVIEW REQUIREMENTS
The Local Electoral Act 2001 requires the Council to review its representation arrangements at
least once every six years. This review must include the following:
the number of elected members (within the legal requirement to have a minimum of six and
a maximum of 30 members, including the Mayor)
whether the elected members (other than the Mayor) shall be elected by the entire district, or
whether the district will be divided into wards for electoral purposes, or whether there will be
a mix of ‘at large’ and ‘ward’ representation
if election by wards is preferred, then the boundaries and names of those wards and the
number of members that will represent each ward
whether or not to have separate wards for electors on the Maori roll
whether to have community boards and if so how many, their boundaries and membership
and whether to subdivide a community for electoral purposes.
The Council must follow the procedure set out in the Local Electoral Act 2001 when conducting
this review, and should also follow guidelines published by the Local Government Commission.
The Act gives you the right to make a written submission to the Council, and the right to be
heard if you wish.
Citizens also have the right to appeal any decisions on the above to the Local Government
Commission which will make a binding decision on the appeal. Further details on the matters
that the Council must consider in reviewing its membership and basis of election can be found in
the Local Electoral Act 2001.
Council last undertook a review of its representation arrangements in 2012 and must undertake
its next review by no later than 2018.
4.3. MAORI WARDS AND CONSTITUENCIES
The Local Electoral Act 2001 also gives Council the ability to establish separate wards for Maori
electors. In September 2011 the Council resolved to not establish Maori wards. Council will
consider this again in 2017 prior to the 2019 elections. The Council may resolve to create
separate Maori wards or conduct a poll on the matter, or the community may demand a poll. The
demand for a poll can be initiated by a petition signed by 5 per cent of electors within the
district.10
4.4. THE REORGANISATION PROCESS
The Local Government Act 2002 sets out procedures which must be followed during proposals for:
the union of districts or regions
the abolition of a district or region
the transfer of a statutory obligation from one local authority to another
the assumption by a territorial authority of the powers of a regional council.
A reorganisation application may be made to the Local Government Commission by any person,
body or group. Any application must show demonstrable community support and detail how the
proposal promotes good local government.
Further information on these requirements can be found in the Local Government Act.
5. MEMBERS' ROLES AND CONDUCT
The Mayor and the Councillors of the Napier City Council have the following roles:
setting the policy direction of Council
monitoring the performance of the Council
representing the interests of the district (on election all members must make a declaration
that they will perform their duties faithfully and impartially, and according to their best skill
and judgment in the best interests of the district)
employing the Chief Executive (under the Local Government Act the local authority employs
the Chief Executive, who in turn employs all other staff on its behalf).
The Mayor is elected by the district as a whole and as one of the elected members shares the
same responsibilities as other members of Council. In addition the Mayor has the following
roles:
Presiding member at Council meetings. The Mayor is responsible for ensuring the orderly
conduct of business during meetings (as determined in standing orders).
Advocate on behalf of the community. This role may involve promoting the community and
representing its interests. Such advocacy will be most effective where it is carried out with
the knowledge and support of the Council.
Ceremonial head of Council.
Providing leadership and feedback to other elected members on teamwork and chairing
committees.
The Deputy Mayor is elected by the members of Council at the first meeting of the Council. The
Deputy Mayor exercises the same roles as other elected members. In addition, if the Mayor is
absent or incapacitated, or if the office of Mayor is vacant, then the Deputy Mayor must perform
all of the responsibilities and duties, and may exercise the powers of the Mayor (as summarised
above). The Deputy Mayor may be removed from office by resolution of Council.
The Council may create one or more committees of Council. A committee chairperson is
responsible for presiding over meetings of the committee, ensuring that the committee acts
within the powers delegated by Council, and as set out in the Council’s Delegations Manual. A
committee chairperson may be removed from office by resolution of Council.11
The Chief Executive is appointed by the Council in accordance with section 42 and clauses 33
and 34 of Schedule 7 of the Local Government Act 2002. The Chief Executive implements and
manages the Council's policies and objectives within the budgetary constraints established by the
Council. Under section 42 of the Local Government Act 2002, the responsibilities of the
Chief Executive are:
implementing the decisions of the Council
providing advice to the Council
ensuring that all responsibilities, duties and powers delegated to the Chief Executive or to
any person employed by the Chief Executive, or imposed or conferred by any Act, regulation
or bylaw are properly performed or exercised
managing the activities of the Council effectively and efficiently
maintaining systems to enable effective planning and accurate reporting of the financial and
service performance of the Council
providing leadership for the staff of the Council
employing staff (including negotiation of the terms of employment for the staff).
Elected members have specific obligations as to their conduct in the following legislation:
Schedule 7 of the Local Government Act 2002, which includes obligations to act as a good
employer in respect of the Chief Executive and to abide by the current code of conduct and
standing orders
the Local Authorities (Members’ Interests) Act 1968 which regulates the conduct of elected
members in situations where there is, or could be, a conflict of interest between their duties
as an elected member and their financial interests (either direct or indirect)
the Secret Commissions Act 1910, which prohibits elected members from accepting gifts or
rewards which could be seen to sway them to perform their duties in a particular way
the Crimes Act 1961 regarding the acceptance of gifts for acting in a certain way and the use
of official information for private profit.
All elected members are required to adhere to a code of conduct. Adopting such a code is a
requirement of the Local Government Act 2002. Once adopted such a code may only be
amended by a 75 per cent or more vote of the Council. The code sets out the Council’s
understanding and expectations of how the Mayor and Councillors will relate to one another, to
staff, to the media and to the general public in the course of their duties. It also covers
disclosure of information that is received by or is in the possession of elected members, and
contains details of the sanctions that the Council may impose if an individual breaches the code.
A copy of the full code of conduct is available on the Council website www.napier.govt.nz.12
6. GOVERNANCE STRUCTURES
The Mayor reviews the committee structures after each triennial election.
6.1. COMMITTEES
The minutes of the first meeting of the Council following the 2013 Triennial General Election
include an outline of the Committees that were established, the membership of these
Committees, the role of the Committees and their terms of reference.
Copies of the minutes of this meeting are available on the Napier City Council website
www.napier.govt.nz.
6.2. MEETINGS
Standing Committees – meet 6-weekly
City Development Committee
City Services Committee
Community Development Committee
Finance Committee
Maori Consultative Committee
Regulatory Committee
Special Committees – all Special Committees meet as required.
All Standing Committees and Special Committees report to the Council. The Council meets
6-weekly in the Civic Building Council Chamber, Hastings Street, Napier.
A schedule of meeting dates for the current year is available on the Council website.
7. COUNCIL ORGANISATIONS
7.1. COUNCIL-CONTROLLED ORGANISATIONS
These can be best described as any organisation in which one or more local authorities control
50 per cent or more of the voting rights or have the right to appoint 50 per cent or more of the
directors. These include the following:
A company in which equity securities carrying 50 per cent or more of the voting rights at any
shareholders' meeting are held or controlled (directly or indirectly) by one or more local
authorities, or where one or more local authorities has the right, (directly or indirectly) to
appoint 50 per cent or more of the directors.
An organisation where one or more local authorities have control (either directly or
indirectly) of 50 per cent or more of the votes at any meeting of the members or controlling
body of the organisation, or the right to appoint 50 per cent or more of the directors of the
organisation.
The following Council-Controlled Organisations exist at 1 January 2014:
7.1.1. Hawke's Bay Airport Ltd
This is a company incorporated under the Companies Act and is owned by the Crown, Hastings
District Council and Napier City Council. Napier City Council has a 26% shareholding. The
Company produces separate annual accounts. No payments are made by Napier City Council to
the Company and there is no financial provision included in Council budgets. The Napier City
Council share in the Company is included in its annual financial statements as an investment,
valued using the equity method of accounting.13
7.1.2. Hawke's Bay Museums Trust
The objectives of the Trust are to:
hold and protect the regional collection for the people of Hawke's Bay and to provide storage
and protection for the collection.
advance and promote the Arts in New Zealand and particularly in Hawke's Bay.
promote a sense of history and an awareness of the importance of the nation's heritage in
New Zealand and particularly in Hawke's Bay.
provide an exhibition policy and to oversee the maintenance, risk management and quality
of the regional collection through a contract for services with the Napier City Council.
regulate and approve the disposal of collection items.
administer the bequests held by the Hawke's Bay Museums Trust.
The Trust is a Council Controlled Organisation as three of the five-member board are Council
nominees.
7.1.3. Hawke’s Bay Local Authority Shared Services Limited (HB LASS)
HB LASS Limited is a Limited Liability Company registered under the Companies Act. The
Company is jointly owned by Central Hawke’s Bay District Council, Hastings District Council,
Hawke’s Bay Regional Council, Napier City Council and Wairoa District Council. The Company is a
Council Controlled Organisation as defined in Section 6 of the Local Government Act 2002.
The Company produces separate annual accounts. The Council share of the Company is included
in its annual financial statements through contributions to the cost of projects completed or in
progress.
The principle nature and scope of the activities of HB LASS Ltd is to:
use Joint Procurement to add value to goods and services sourced for its constituent
Councils.
facilitate Shared Services that benefit Councils and their stakeholders through improved
levels of service, reduced costs, improved efficiency, innovation and/or increased value.
pursue best practice in the management of all activities to obtain best value and minimise
risk.
demonstrate fiduciary responsibility by ensuring that its activities are adequately funded
from savings achieved, levies, Council contributions, or Government funding where available.
allow other Councils or organisations to participate in its activities where this will benefit its
constituent councils directly or indirectly.
represent the collective views of its shareholders in matters with which it is associated.
7.2. COUNCIL ORGANISATIONS
These are organisations in which one or more local authorities controls any proportion of the
voting rights or have the right to appoint one or more of the directors, trustees or managers.
The following Council Organisations exist at 1 January 2014:
HB Regional Stadium
Positive Aging Trust
Napier Inner City Marketing
Each of these organisations includes one Trustee nominated by the Napier City Council.14
7.3. OTHER ORGANISATIONS IN WHICH COUNCIL HAS A SIGNIFICANT INTEREST
7.3.1. Omarunui Landfill Operation
The Omarunui Landfill site is the disposal point of refuse from Napier City and Hastings District.
The site is a 180 hectare farm located off Omarunui Road in the Hastings District.
The facility is jointly owned and operated by the two Councils in the ratio
Hastings District Council 63.68%
Napier City Council 36.32%
and is operated as a commercial venture with the charges set at a level to cover all operating and
capital costs and give Council a reasonable return on its investment.
8. MEETING PROCESSES
The legal requirements for Council meetings are set down in the Local Government Act 2002 and
the Local Government Official Information and Meetings Act 1987 (LGOIMA). All meetings are
held in accordance with these.
Ordinary Council Meetings are held at six weekly intervals, with the cycle commencing in
February. The Council operates a system of double debate, whereby reports and
recommendations from all Committees are reconsidered at the Council meeting in order to reach
a final decision. The exception is when an urgent decision is required, in which case a decision
of Council may be made at Committee level, where there is unanimous approval.
Extraordinary meetings of Council are called to deal with specific issues, as and when required.
The meeting requirements are outlined in Council's Standing Orders which, with some minor
modifications, are based on the Model Standing Orders of the Standards Association of New
Zealand. Council's Standing Orders are available on the Council website www.napier.govt.nz.
Copies of agendas for all Council and Committee meetings and the minutes from such meetings
(except for public excluded items) are available on the Council website www.napier.govt.nz.
9. CONSULTATION
9.1. CONSULTATION POLICY
The Local Government Act sets out certain consultation principles and a procedure that local
authorities must follow when making certain decisions. This procedure, the special consultative
procedure, is regarded as a minimum process.
The Council can and does consult outside of the special consultative procedure. When it is
adopting its long-term plan, annual plan or district plan it will hold formal and informal meetings
with community groups and other interested parties. At these meetings the Council will seek views
on the matters the Council considers to be important and identify issues of concern to the
community.
The special consultative procedure consists of the following steps:
STEP ONE: Preparation of a statement of proposal and a summary. The Council must prepare a
description of the proposed decision or course of action. The statement must be available for
distribution throughout the community and must be available for inspection at the Council office
and may be made available elsewhere. It must be included on an agenda for a Council meeting.
The Council also has to prepare a full and fair summary of the proposal which must be
distributed as widely as the Council considers to be reasonably practicable.
STEP TWO: Public notice. The Council must publish a public notice of the proposal and of the
process of the consultation being undertaken.
STEP THREE: Receive submissions. The Council will acknowledge all written submissions and
offer submitters a reasonable opportunity to make an oral submission. The Council may ask for
similar and identical submissions to be heard together. The Council must allow at least one
month (from the date of the notice) for submissions.15
STEP FOUR: Deliberate in public. All meetings where the Council deliberates on the proposal or
hears submissions will be open to the public (unless there is some reason to exclude the public
under the LGOIMA). All submissions must be made available unless there is reason to withhold
them under LGOIMA.
STEP FIVE: Follow up. A copy of the decision pertaining to the submission and a summary of
the reasons must be provided to submitters. There is no prescribed format for such a summary.
By law, the Council must follow the special consultative procedure before it:
adopts a Long Term Plan or Annual Plan
amends a Long Term Plan
adopts, revokes, reviews or amends a bylaw
changes the mode of delivery for a significant activity (for example from the Council to a
Council-controlled organisation or from a Council-controlled organisation to a private sector
organisation) if that is not provided for in a Long Term Plan.
The Council may be required to use the special consultative procedure under other legislation,
and it may use this procedure in other circumstances if it wishes to do so.
Napier City Council’s Policy on Significance, which outlines the approach of the Council to
determining the significance of proposals and decisions, and includes thresholds, criteria and
procedures the Council will use in assessing which issues, proposals, decisions and other
matters are significant, also guides the Council’s decisions concerning the extent and nature of
consultation to be undertaken. A copy of the Policy on Significance is available on the Council
website www.napier.govt.nz.
9.2. LIAISING WITH MAORI
Liaison with the Maori community is undertaken in the first instance through the Maori
Consultative Committee. Committee members may attend Council seminars/workshops as
appropriate.
9.2.1. Council Kaumatua
This position is important to Council as it empowers all relationships between Tangata Whenua
and Council through guidance and assistance to Council’s decision making process. Piri Prentice
was appointed Council Kaumatua at the City Services Committee meeting held on
29 January 2014.
10. MANAGEMENT STRUCTURES AND RELATIONSHIPS
The Local Government Act 2002 requires Council to employ a Chief Executive whose
responsibilities are to employ other staff on behalf of the Council, implement Council decisions
and provide advice to the Council. Under the Local Government Act the Chief Executive is the
only person who may lawfully give instructions to a staff member. Any complaint about
individual staff members should therefore be directed to the Chief Executive, rather than the
Mayor or Councillors.
Details of the services provided are outlined in the Ten Year Plan which is revised at least
triennially. A copy of the current Ten Year Plan, and previous Ten Year Plans, is available on the
Council website www.napier.govt.nz.
11. REMUNERATION AND EMPLOYMENT POLICY
Under the Local Government Act 2002 (Clause 36A, Schedule 7), Council may elect to adopt a
Remuneration and Employment Policy. Napier City Council has not adopted this policy.16
12. GOOD EMPLOYER AND EQUAL EMPLOYMENT OPPORTUNITY
The Napier City Council is committed to the principle of equal opportunity in the recruitment,
employment, training and promotion of its employees. The Napier City Council Equal
Employment Opportunities policy is detailed in the Napier City Council Staff Handbook.
The Napier City Council ensures that equal employment opportunities are promoted and
provided within the organisation by:
Fostering a positive climate in the workplace, which appreciates a diversity of background
and individual contribution, and encourages employees to develop their potential.
Selecting the best person for the job on the basis of the job requirements and the ability of
that person to perform the job.
Ensuring that all Human Resources policies, procedures and activities reflect the
fundamental principles of being a good employer and promote equal employment
opportunities in the recruitment, employment, training and promotion of its employees.
Identifying and providing appropriate training programmes to enable employees to best
meet the requirements of their current jobs and to develop additional skills with a view to
future promotion opportunities.
Promoting employees on the basis of performance (past, present and potential), and the
willingness of the employee to accept greater responsibility.
Maintain a workplace free of discrimination and harassment on the basis of race, colour,
ethnic or national origin, gender, religion, marital status, family responsibilities, sexual
orientation, disability or age.
13. KEY APPROVED PLANNING & POLICY DOCUMENTS
The Council has the following planning and policy documents. These documents are available on
the Council website www.napier.govt.nz:
13.1. ANNUAL PLAN/LONG TERM PLAN
A Long Term Plan (LTP), as required by the Local Government Act 2002, is prepared every three
years. The LTP provides the financial and non financial plans covering a ten year period. The last LTP
(known as the Ten Year Plan TYP) was prepared covering the period 2012/13 to 2021/22. The next
LTP, for the period 2015/16 to 2024/25, will be prepared during 2014/15. The LTP is required to be
audited.
An Annual Plan will be prepared in the intervening years.
Amendments to the LTP may also be prepared in intervening years and these amendments, which
are required to be audited, may be made either separate to or concurrently with an Annual Plan.
13.2. DISTRICT PLAN
This Plan is prepared in accordance with the Resource Management Act 1991 and identifies the
objectives, policies and methods (including rules) for the sustainable management of the
district’s natural and physical resources. The current District Plan has been fully operative since
November 2011.
13.3. HERETAUNGA PLAINS URBAN DEVELOPMENT STRATEGY (HPUDS)
This plan was developed in conjunction with the Hastings District Council and the Hawke's Bay
Regional Council and collectively adopted by resolution in 2010. This document supports a
move to a compact development plan for the future growth on the Heretaunga Plains that
designates where urban development is to go through to 2045. The Regional and District Plans
and the LTPs reflect the HPUDS policy.17
13.4. TRIENNIAL AGREEMENT
Council has entered into a triennial agreement which contains protocols for communication and
co-ordination between all local authorities within the HB region. This agreement is required to be
completed by 1 March following a triennial election.
13.5. OTHER POLICY DOCUMENTS
Council Policies are published to the Napier City Council website, following adoption by Council.
14. SYSTEMS FOR PUBLIC ACCESS
14.1. PRINCIPAL OFFICE
The principal office of Napier City Council is located in Hastings Street, Napier.
Contact details for the office are:
Address: Private Bag 6010, Napier
Telephone Number: (06) 835 7579
Fax Number: (06) 835 7574
Email Address: info@napier.govt.nz
Website Address: www.napier.govt.nz
14.2. ELECTED MEMBERS
The following are the contact details for the elected members:
MAYOR: Bill Dalton Phone: (06) 834 4198 (NCC)
Fax: (06) 834 4147 (NCC)
Mobile: 021 738 262
COUNCILLORS:
Maxine Boag Tony Jeffery JP Roy Sye
(Nelson Park Ward) (At Large) (At Large)
021 024 70484 (mobile) 021 469 786 (mobile) 027 459 0136 (mobile)
maxine.boag@napier.govt.nz tony.jeffery@napier.govt.nz roy.sye@napier.govt.nz
Annette Brosnan Richard McGrath Graeme Taylor
(Onekawa-Tamatea Ward) (At Large) (Taradale)
027 337 9303 (mobile) 021 067 3448 (mobile) 027 289 4940 (mobile)
annette.brosnan@napier.govt.nz richard.mcgrath@napier.govt.nz graeme.taylor@napier.govt.nz
Mark Hamilton Keith Price Faye White
(Nelson Park Ward) (At Large) (At Large)
021 710 468 (mobile) 027 571 5950 (mobile) 021 260 4873 (mobile)
mark.hamilton@napier.govt.nz keith.price@napier.govt.nz faye.white@napier.govt.nz
Mark Herbert Michelle Pyke Kirsten Wise
(Ahuriri Ward) (At Large) (Taradale)
027 443 9992 (mobile) 027 459 0138 (mobile) 021 222 4403 (mobile)
mark.herbert@napier.govt.nz michelle.pyke@napier.govt.nz kirsten.wise@napier.govt.nz
14.3. COMPLAINTS
Council has a policy for dealing with the receipt and processing of complaints. A copy of the
policy is available on the Council website www.napier.govt.nz.18
15. REQUESTS FOR OFFICIAL INFORMATION
Under the Local Government Official Information and Meetings Act 1987 (LGOIMA) any person
may request information from the Council. Any request for information is a request made under
LGOIMA. You do not have to say you are making a request under LGOIMA.
Once a request is made the Council must supply the information unless reason exists for
withholding it. The LGOIMA says that information may be withheld if release of the information
would:
endanger the safety of any person
prejudice maintenance of the law
compromise the privacy of any person
reveal confidential or commercially sensitive information
cause offence to tikanga Maori or would disclose the location of waahi tapu
prejudice public health or safety
compromise legal professional privilege
disadvantage the local authority while carrying out negotiations or commercial activities
allow information to be used for improper gain or advantage.
The Council must answer requests within 20 working days (although there are certain
circumstances where this time-frame may be extended). The Council may charge for official
information under guidelines set down by the Ministry of Justice.
In the first instance you should address requests for official information to:
The Chief Executive
Napier City Council
Private Bag 6010
Napier 4142You can also read
