Strategic Capability Committee

Agenda

 

 

Notice of Meeting:

An ordinary meeting of the Strategic Capability Committee will be held on:

 

Date:                                     Wednesday 24 October 2018

Time:                                    9.45am

Venue:                                 Committee Room 1, Level 2, Civic Offices,
53 Hereford Street, Christchurch

 

 

Membership

Chairperson

Deputy Chairperson

Members

Mayor Lianne Dalziel

Deputy Mayor Andrew Turner

Councillor Vicki Buck

Councillor Phil Clearwater

Councillor Pauline Cotter

Councillor David East

Councillor Raf Manji

 

 

18 October 2018

 

 

 

Principal Advisor

Brendan Anstiss

General Manager Strategy & Transformation

Tel: 941 8472

 

Christopher Turner-Bullock

Committee Advisor

941 8233

Christopher.Turner@ccc.govt.nz

www.ccc.govt.nz

Note:  The reports contained within this agenda are for consideration and should not be construed as Council policy unless and until adopted.  If you require further information relating to any reports, please contact the person named on the report.
To view copies of Agendas and Minutes, visit:
https://www.ccc.govt.nz/the-council/meetings-agendas-and-minutes/

 


Strategic Capability Committee

24 October 2018

 


Strategic Capability Committee - Terms of Reference

 

 

Chair

Mayor Dalziel

Membership

Deputy Mayor Turner (Deputy Chair)

The Chairpersons of the following committees:

·         Finance and Performance Committee

·         Innovation and Sustainable Development Committee

·         Social and Community Development Committee

·         Infrastructure, Transport and Environment Committee

·         Regulatory Performance Committee

 

Independent Member to be appointed by the Council

 

Quorum

Half of the members if the number of members (including vacancies) is even, or a majority of members if the number of members (including vacancies) is odd.

Meeting Cycle

Monthly.

Reports To

Council

 

 

Responsibilities

The focus of the Strategic Capability Committee is to ensure alignment across Council committees, the organisation and Crown partners

 

The Strategic Capability Committee is responsible for:

·         Advising and supporting the Mayor to lead the development of the Long Term Plan and Annual Plan, including setting the overall parameters, strategic direction and priorities, and the development of a consultation document.

·         Leading and overseeing the Council’s strategic relationship with the Crown.

·         Leading and overseeing specific strategic projects of shared interest and interface with the Crown, including the Cost Share Agreement and matters under the Greater Christchurch Regeneration Act.

·         Matters relating to the performance of the Chief Executive, including appointment and succession planning as may be necessary from time to time. 

·         Organisational capability, workforce planning and development

·         Council remuneration and employment policy.

 

 

 

 

 

 


Strategic Capability Committee

24 October 2018

 

Part A        Matters Requiring a Council Decision

Part B         Reports for Information

Part C         Decisions Under Delegation

 

 

TABLE OF CONTENTS

 

C       1.       Apologies.......................................................................................................................... 5

B       2.       Declarations of Interest................................................................................................... 5

C       3.       Confirmation of Previous Minutes................................................................................. 5

B       4.       Deputations by Appointment........................................................................................ 5

B       5.       Presentation of Petitions................................................................................................ 5

Staff Reports

C       6.       Miscellaneous Delegation Issues.................................................................................... 9   

 

 


Strategic Capability Committee

24 October 2018

 

 

1.   Apologies

At the close of the agenda no apologies had been received.

2.   Declarations of Interest

Members are reminded of the need to be vigilant and to stand aside from decision making when a conflict arises between their role as an elected representative and any private or other external interest they might have.

3.   Confirmation of Previous Minutes

That the minutes of the Strategic Capability Committee meeting held on Monday, 3 September 2018  be confirmed (refer page 6).

4.   Deputations by Appointment

There were no deputations by appointment at the time the agenda was prepared. 

5.   Presentation of Petitions

There were no petitions received at the time the agenda was prepared.  


Strategic Capability Committee

24 October 2018

 

 

 

Strategic Capability Committee

Open Minutes

 

 

Date:                                     Monday 3 September 2018 & Thursday 6 September 2018

Time:                                    8.35am

Venue:                                 Mayors Lounge, Civic Offices,
53 Hereford Street, Christchurch

 

 

Present

Chairperson

Deputy Chairperson

Members

Mayor Lianne Dalziel

Deputy Mayor Andrew Turner

Councillor Vicki Buck

Councillor Phil Clearwater

Councillor Pauline Cotter

Councillor East

Councillor Raf Manji

 

 

3 September 2018

 

 

 

Principal Advisor

Brendan Anstiss

General Manager Strategy & Transformation

Tel: 941 8472

 

Christopher Turner-Bullock

Committee Advisor

941 8233

Christopher.Turner@ccc.govt.nz

www.ccc.govt.nz

To view copies of Agendas and Minutes, visit:
www.ccc.govt.nz/Council/meetingminutes/agendas/index

 


Part A        Matters Requiring a Council Decision

Part B         Reports for Information

Part C         Decisions Under Delegation

 

 

 

The agenda was dealt with in the following order.

1.   Apologies

Part C

Committee Resolved SCCM/2018/00024

That the apology for absence from Councillor East and lateness from Councillor Manji be accepted.

Mayor/Deputy Mayor                                                                                                                                               Carried

 

2.   Declarations of Interest

Part B

There were no declarations of interest recorded.

3.   Confirmation of Previous Minutes

Part C

Committee Resolved SCCM/2018/00025

That the minutes of the Strategic Capability Committee meeting held on Wednesday, 22 August 2018 be confirmed.

Deputy Mayor/Councillor Cotter                                                                                                                          Carried

 

4.   Deputations by Appointment

Part B

There were no deputations by appointment.

5.   Presentation of Petitions

Part B

There was no presentation of petitions.


 

 

Councillor Manji joined the meeting at 8.40am. 

6     Resolution to Exclude the Public

 

Committee Resolved SCCM/2018/00026

Part C

That Lena Austin of Cavell Leitch remain after the public have been excluded in order to record the minutes of the meeting.

That at 8.40am the resolution to exclude the public set out on pages 9 to 10 of the agenda be adopted.

Mayor/Deputy Mayor                                                                                                                                                 Carried

 

   

The meeting adjourned at 9.52am during Public Excluded and reconvened at 2.04pm on 6 September 2018. The Public were readmitted to the meeting at 2.58pm at which time the meeting concluded.

 

CONFIRMED THIS 26TH DAY OF SEPTEMBER 2018

 

Mayor Lianne Dalziel

Chairperson

   


Strategic Capability Committee

24 October 2018

 

 

6.        Miscellaneous Delegation Issues

Reference:

18/936253

Presenter(s):

Vivienne Wilson, Associate General Counsel

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is for the Strategic Capability Committee to recommend to Council that it makes some changes to delegations relating to Heritage Conservation covenants, and some minor delegation changes relating to trees and housing delegations.

Origin of Report

1.2       This report is being provided to fulfil Council resolution CNCL/2018/00054 which requested staff to report on whether a delegation for conservation covenants can sit with the Social, Community Development and Housing Committee.

1.3       Additionally, staff are seeking some minor delegation changes relating to trees and housing delegations.

2.   Significance

2.1       The decision in this report is of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy.

 

3.   Staff Recommendations 

That the Strategic Capability Committee recommend that the Council:

1.         Relying on clause 32 of Schedule 7 of the Local Government Act 2002 and for the purposes of the efficiency and effectiveness in the conduct of the Council’s business, and relying on any other applicable statutory authority,

a.         Delegate to the persons and the Social, Community Development and Housing Committee as set out in Attachment A (as so highlighted) the responsibilities, duties and powers as shown; and

b.         Amend the delegations as set out in Attachment A (as so shown). 

 

4.   Key Points

4.1       This report supports the Council's Long Term Plan (2018 - 2028):

4.1.1      Activity: Governance & Decision Making

·     Level of Service: 4.1.22.0 Provide services that ensure all Council and Community Board decisions are held with full statutory compliance - 100% compliance

4.2       The following feasible options have been considered:

·     Option 1 – Amend the delegations (preferred option)

·     Option 2 – Do not amend the delegations

4.3       Option Summary - Advantages and Disadvantages (Preferred Option)

4.3.1   The advantages of this option include:

·   Staff and the Social, Community Development and Housing Committee have the necessary delegations in place to act on any matter before the Council (except for those matters specifically reserved to the Council). 

·   The delegations register remains current and fit for purpose.

4.3.2   The disadvantages of this option include:

·     There are no identified disadvantages with this option.

 

5.   Context/Background

5.1       The Council has identified some changes that could be made to the Council’s delegations to the Social, Community Development and Housing Committee relating to Heritage Conservation covenants.

5.2       Staff have identified some minor changes to delegations around trees and housing delegations.

5.3       The Local Government Act 2002 (LGA) emphasises that delegations are made for the purposes of efficiency and effectiveness of the organisation.  The Council’s Delegations Policy states that the Council supports the principle of delegating decision-making to the lowest competent level. 

Delegation relating to consents required under the terms of a Heritage Conservation Covenant

5.4       From time to time, the terms of heritage conservation covenants will require Council consent.

5.5       The terms of heritage conservation covenants require Council consent in very limited circumstances.

5.6       The Council has not made any delegations of the power to grant consent under conservation covenants, and therefore any decision to grant consent must be decided by the Council by resolution. However, for the purposes of efficiency and effectiveness, it would be desirable to delegate to the Social, Community Development and Housing Committee the power to decide whether to grant consent required under the terms of a heritage conservation covenant.

5.7       In addition, it would also be desirable for there to be delegation in place to the Committee where there is a request to remove a redundant conservation covenant if the subject heritage building has been removed as a result of the earthquakes. For example, heritage buildings may have been demolished by order of CERA but the covenant was left on the title. This presents a problem for the owner of the vacant section. In this circumstance the covenant needs to be removed.

5.8       Therefore, for the purposes of efficiency and effectiveness, it would also be desirable for the Committee to hold the delegation to authorise the removal of a conservation covenant where there is vacant section.


 

Delegation relating to trees

5.9       There is a staff delegation to the General Manager Citizens and Community and the Head of Parks as follows:

In consultation with any other units affected, to authorise the following work on any tree from any reserve, park, open space or road corridor: planting and maintenance; removal of structurally unsound and unhealthy trees, trees causing damage to infrastructure or other safety concerns where there is no viable alternative other than to remove the tree. The relevant Community Board is to be informed of any removals that have been carried out under this delegation.

 

This delegation may be sub-delegated.

 

5.10    In all other instances Community Boards have the delegated authority to make decisions in relation to trees. 

5.11    The operational responsibility for trees in the road reserve now sits with the Transport Unit, and for the purposes of efficiency and effectiveness it would be desirable for the Head of Transport to also be able to exercise this delegation. 

5.12    There has been a further issue with this delegation when it is applied to vehicle crossings where a tree needs to be removed for a consented vehicle crossing.  For efficiency and effectiveness, it would be desirable to confirm that staff are able to authorise the removal of a tree to enable the construction of a previously consented vehicle crossing.  These requests primarily arise in new subdivision areas and are generally street trees less than 6m in height.

5.13    An additional clause can also be inserted in the staff delegation that reiterates any tree removals must comply with the District Plan and the Resource Management Act 1991. 

Housing delegations tidy-up

5.14    The current delegations to the Chief Executive provides her with

Authority to generally exercise the powers of the Council contained in the Residential Tenancies Act 1996 in relation to any property not contained in the Council’s social housing portfolio; and to sign all required documentation.

5.15    Given that the social housing portfolio has been transferred to the Ōtautahi Community Housing Trust, there is no longer any requirement for this delegation to refer to the “any property not contained in the Council’s social housing portfolio”. These words should be deleted.

5.16    There is also a delegation to the General Manager City Services as follows:

To adjust City Housing rentals annually in accordance with movement in the Capital Goods Price Index (CGPI) - Residential Buildings Index, with the Council being advised prior to the rental adjustment taking effect, and with any proposal to adjust rentals in excess of this mechanism to be reported to the Council for approval.

5.17    Again, with the transfer of the social housing portfolio has been transferred to the Ōtautahi Community Housing Trust, there is no longer any requirement for this delegation, and it should be removed from the register. 


 

6.   Option 1 – Amend the delegations (preferred)

Option Description

6.1       Make the delegations to the Social, Community Development and Housing Committee, and staff as outlined in this report and shown in Attachment A.

Significance

6.2       The level of significance of this option is low consistent with section 2 of this report.

Impact on Mana Whenua

6.3       This option does not involve a significant decision in relation to ancestral land or a body of water or other elements of intrinsic value, therefore this decision does not specifically impact Ngāi Tahu, their culture and traditions.

Community Views and Preferences

6.4       The community views are not specifically affected by this option because it relates to internal Council processes. 

Alignment with Council Plans and Policies

6.5       This option is consistent with Council’s Plans and Policies.

Financial Implications

6.6       Cost of Implementation – there is minimal staff costs to implement this change in delegations.

Legal Implications

6.7       There is a legal context, issue or implication relevant to this decision.

6.8       This report has been prepared by the Legal Services Unit.

6.9       Clause 32(1) of Schedule 7 of the LGA provides a general power of delegation as follows:

Unless expressly provided otherwise in this Act, or in any other Act, for the purposes of efficiency and effectiveness in the conduct of a local authority's business, a local authority may delegate to a committee or other subordinate decision-making body, community board, or member or officer of the local authority any of its responsibilities, duties, or powers except— 

(a)          the power to make a rate; or

(b            the power to make a bylaw; or

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

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

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

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

(g)          [Repealed]

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

6.10    The proposed changes (including new delegations) do not infringe the restrictions in the LGA. 


 

Risks and Mitigations  

6.11    There are no identified risks caused by this option. 

Implementation

6.12    Implementation timeframe - the amended delegations will be recorded in the Council’s Delegations Register by the Legal Services Unit as soon as possible.  The amended delegations will be exercised as and when required.

Option Summary - Advantages and Disadvantages

6.13    The advantages of this option include:

·   Staff and the Social, Community Development and Housing Committee have the necessary delegations in place to act on any matter before the Council (except for those matters specifically reserved to the Council). 

·   The delegations register remains current and fit for purpose.

6.14    The disadvantages of this option include:

·   There are no identified disadvantages. 

7.   Option 2 – Do not amend the delegations

Option Description

7.1       Do not amend the delegations as outlined in this report.

Significance

7.2       The level of significance of this option is low   consistent with section 2 of this report.

Impact on Mana Whenua

7.3       This option does not involve a significant decision in relation to ancestral land or a body of water or other elements of intrinsic value, therefore this decision does not specifically impact Ngāi Tahu, their culture and traditions.

Community Views and Preferences

7.4       The community views are not specifically affected by this option because it relates to internal Council processes. 

Alignment with Council Plans and Policies

7.5       This option is consistent with Council’s Plans and Policies.

Financial Implications

7.6       Cost of Implementation - there are no implementation costs with this option

7.7       Maintenance / Ongoing Costs – as above.

7.8       Funding source – as above.

Legal Implications

7.9       There are no legal risks with this option.

Risks and Mitigations  

7.10    There are no risks with this option.

Implementation

7.11    Implementation dependencies - none.

7.12    Implementation timeframe – as above.

Option Summary - Advantages and Disadvantages

7.13    The advantages of this option include:

·   There are no identified advantages of this option.

7.14    The disadvantages of this option include:

·   The Council’s delegation register does not remain fit of purpose. 

 

 

Attachments

No.

Title

Page

a

Marked up changes to Delegations

15

 

 

Confirmation of Statutory Compliance

Compliance with Statutory Decision-making Requirements (ss 76 - 81 Local Government Act 2002).

(a) This report contains:

(i)  sufficient information about all reasonably practicable options identified and assessed in terms of their advantages and disadvantages; and

(ii) adequate consideration of the views and preferences of affected and interested persons bearing in mind any proposed or previous community engagement.

(b) The information reflects the level of significance of the matters covered by the report, as determined in accordance with the Council's significance and engagement policy.

 

Signatories

Author

Vivienne Wilson - Associate General Counsel

Approved By

Aaron Haymes - Team Leader Partnership Approvals

Andrew Rutledge - Head of Parks

Richard Osborne - Head of Transport

Carolyn Ingles - Head of Urban Regeneration, Design and Heritage

Mary Richardson - General Manager Citizen and Community

David Adamson - General Manager City Services

Bruce Rendall - Head of Facilities, Property & Planning

Anne Columbus - General Manager Corporate Services

  


Strategic Capability Committee

24 October 2018

 

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