Christchurch City Council

Agenda

 

 

Notice of Meeting:

An ordinary meeting of the Christchurch City Council will be held on:

 

Date:                                    Wednesday 25 January 2023

Time:                                   9.30am

Venue:                                 Council Chambers, Civic Offices,
53 Hereford Street, Christchurch

 

 

Membership

Chairperson

Deputy Chairperson

Members

Mayor Phil Mauger

Deputy Mayor Pauline Cotter

Councillor Kelly Barber

Councillor Melanie Coker

Councillor Celeste Donovan

Councillor Tyrone Fields

Councillor James Gough

Councillor Tyla Harrison-Hunt

Councillor Victoria Henstock

Councillor Yani Johanson

Councillor Aaron Keown

Councillor Sam MacDonald

Councillor Jake McLellan

Councillor Andrei Moore

Councillor Mark Peters

Councillor Tim Scandrett

Councillor Sara Templeton

 

 

19 January 2023

 

 

 

Principal Advisor

Dawn Baxendale

Chief Executive

Tel: 941 8999

 

 

Katie Matheis

Committee & Hearings Advisor

941 5643

katie.matheis@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 watch the meeting live, or a recording after the meeting date, go to:
http://councillive.ccc.govt.nz/live-stream
To view copies of Agendas and Minutes, go to:
https://www.ccc.govt.nz/the-council/meetings-agendas-and-minutes/

 


Council

25 January 2023

 

 


Council

25 January 2023

 

TABLE OF CONTENTS

 Karakia Tīmatanga................................................................................................... 4 

1.        Apologies Ngā Whakapāha................................................................................. 4

2.        Declarations of Interest Ngā Whakapuaki Aronga.................................................. 4

3.        Public Participation Te Huinga Tūmatanui............................................................ 4

3.1       Public Forum Te Huinga Whānui.......................................................................................... 4

3.2       Deputations by Appointment Ngā Huinga Whakaritenga...................................................... 4

4.        Presentation of Petitions Ngā Pākikitanga............................................................ 4

Council

5.        Council Minutes - 7 December 2022...................................................................... 5

6.        Council Minutes - 14 December 2022.................................................................. 25

Staff Reports

7.        Policy and Practices 2021/2022-Section 10A Requirement Dog Control Act 1996....... 45

8.        2022-23 Metropolitan Discretionary Response Fund - YSAR Trust........................... 49

9.        Councillor Remuneration................................................................................. 53

10.      Review of the Council's Policy for the Appointments and Remuneration of directors of Council Organisations...................................................................................... 59

11.      Resolution to Exclude the Public........................................................................ 90

Karakia Whakamutunga

 

 


Karakia Tīmatanga

Whakataka Te hau ki Te uru

Whakataka Te hau ki Te tonga

Kia makinakina ki uta

Kia mataratara ki Tai

E hi ake ana te atakura

He tio, he huka, he hau hu

Tihei Mauri Ora

 

1.   Apologies Ngā Whakapāha  

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

2.   Declarations of Interest Ngā Whakapuaki Aronga

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.   Public Participation Te Huinga Tūmatanui

3.1   Public Forum Te Huinga Whānui

A period of up to 30 minutes is available for people to speak for up to five minutes on any issue that is not the subject of a separate hearings process.

3.1.1

Central City Business Association (CCBA)

Annabel Turley will speak on behalf of the Christchurch Central City Business Association (CCBA) regarding safety in the Central City.

 

 

3.2   Deputations by Appointment Ngā Huinga Whakaritenga

Deputations may be heard on a matter or matters covered by a report on this agenda and approved by the Chairperson.

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

 

4.   Presentation of Petitions Ngā Pākikitanga

There were no Presentation of Petitions at the time the agenda was prepared.


Council

25 January 2023

 

 

5.     Council Minutes - 7 December 2022

Reference / Te Tohutoro:

22/1731711

Report of / Te Pou Matua:

Katie Matheis, Committee and Hearings Advisor, Katie.matheis@ccc.govt.nz

General Manager / Pouwhakarae:

Dawn Baxendale, Chief Executive (Dawn.Baxendale@ccc.govt.nz)

 

 

1.   Purpose of Report Te Pūtake Pūrongo

For the Council to confirm the minutes from the Council meeting held 7 December 2022.

2.   Recommendation to Council

That the Council Confirm the Minutes from the Council meeting held 7 December 2022.

 

Attachments Ngā Tāpirihanga

No.

Title

Reference

Page

A

Minutes Council - 7 December 2022

22/1700574

6

 

 

 

Signatories Ngā Kaiwaitohu

Author

Katie Matheis - Committee and Hearings Advisor

 

 


Council

25 January 2023

 





















Council

25 January 2023

 

 

6.     Council Minutes - 14 December 2022

Reference / Te Tohutoro:

22/1778834

Report of / Te Pou Matua:

Samantha Kelly, Team Leader Hearings & Committee Support (Samantha.Kelly@ccc.govt.nz)

General Manager / Pouwhakarae:

Dawn Baxendale, Chief Executive (Dawn.Baxendale@ccc.govt.nz)

 

 

1.   Purpose of Report Te Pūtake Pūrongo

For the Council to confirm the minutes from the Council meeting held 14 December 2022.

2.   Recommendation to Council

That the Council Confirm the Minutes from the Council meeting held 14 December 2022.

 

Attachments Ngā Tāpirihanga

No.

Title

Reference

Page

A

Minutes Council - 14 December 2022

22/1743387

26

 

 

 

Signatories Ngā Kaiwaitohu

Author

Samantha Kelly - Team Leader Hearings & Committee Support

 

 


Council

25 January 2023

 





















Council

25 January 2023

 

 

7.     Policy and Practices 2021/2022-Section 10A Requirement Dog Control Act 1996

Reference / Te Tohutoro:

22/1721181

Report of / Te Pou Matua:

Lionel Bridger, Manager Animal Services, Regulatory Compliance Unit

General Manager / Pouwhakarae:

Jane Davis, General Manager Infrastructure, Planning & Regulatory Services (jane.davis@ccc.govt.nz)

 

 

1.   Nature of Information Update and Report Origin

1.1       This report is required to be submitted by each Territorial Authority to Local Goverment under section 10A of the Dog Control Act 1996.

1.2       Required by legislation.

2.   Officer Recommendations Ngā Tūtohu 

That the Council:

1.         Receive the information in the Policy and Practices 2021/2022-Section 10a Requirement Dog Control Act 1996 Report.

2.         Adopt the 2021/2022 Annual report on the administration of the Council’s dog control policy and practices, as set out in Section 10A of the Dog Control Act 1996.

3.   Brief Summary

Decision Making Authority / Te Mana Whakatau

3.1       Section 10A of the Dog Control Act 1996, requires the Territorial authority to report on dog control policy and practices.

 

 

 

3.2       Regarding the requirement to give public notice, section 5(1) of the Local Government Act 2002 specifies:

 

3.3       The territorial authority must also, within 1 month after adopting the report, send a copy of it to the Secretary for Local Government.

Christchurch City Council’s Policies (Section 10A (1a))

3.4       The Council adopted the “Control of Dogs” Policy (“the policy”) in September 2016. The Policy has provisions relating to the control of dogs in public places, which are enforceable under the Christchurch City Council Dog Control Bylaw 2016.

3.5       The objectives of the policy are to:

·    set the framework for Dog Registration Fees and Classification of Owners.

·    identify mechanisms for promoting responsible dog ownership and interaction with dogs.

·    set the framework for Issuing of Infringement notices and impounding of Dogs.

·    specify the requirement for neutering of dogs classified as dangerous or menacing; (sections 32(1) (c) and 33E (b));

·    provide adequate opportunities to fulfil the exercise and recreational needs of dogs and their owners.

·    set the framework for categories of Dog Control.

·    Notify areas where specific dog control status has been designated for reasons such as public health, safety and hygiene and protection of wildlife, animals and stock.

·    Identify the matters to be covered by bylaws.

 

Christchurch City Council’s Practices (Section 10A (1b))

3.6       To satisfy the requirements of section 10A of the Dog control Act 1996, the following information is provided.

Dog Registration

3.7       The total number of dogs recorded on the Councils dog registration database for the         period was 44,349

Probationary and Disqualified Owners

3.8       The Council recorded 11 Owners as probationary, and 10 owners as disqualified over the period

Dangerous Dog Classifications

3.9       The Council classified 11 dogs as dangerous under section 31 of the Dog Control Act 1996, adjusting the total number of dogs on the dangerous dog register to 52

 

Menacing Dog Classifications

3.10    The Council has two separate menacing dog classifications

·   Section 33A (1) (b) (i) of the Dog control Act 1996, provides for dogs to be classified as menacing (based on the dogs aggressive behaviour). For the period, 47 new dogs were classified as menacing, adjusting the total number of dogs classified in this category, on the Council’s register to 224.

·   Section 33C of the Dog Control Act 1996, provides for dogs to be classified as menacing (based on the dogs breed or breed type). For the period, 2 new dogs were classified as menacing, adjusting the total number of dogs classified in this category, on the Council’s register to 106.

Infringement Notices issued

3.11    The Council issued 1343 infringement notices for breaches against the Dog Control Act 1996.

Dog related complaints

3.12    The Council investigated 694 priority one complaints (dogs attacking persons, stock, poultry, domestic animals and protected wildlife or traffic hazards relating to wandering stock on roads).

3.13    The Council received 5094 complaints relating to dogs barking, wandering, fouling, rushing and unregistered dogs.

3.14    Council received a total of 9,651 complaints relating to Animal Management.

Prosecutions  

3.15    The Council took 1 prosecution which is before the Courts.

Found Dogs

3.16    Council found 2332 dogs wandering 1749 were returned to their owners, 583 were   impounded of these 489 were claimed by their owners from the animal shelter,41 were adopted to new homes, 49 were rehomed to dog rescues, 4 were euthanized, 1 was court ordered euthaniser, 2 were voluntary surrendered for euthaniser after serious attacks.1 found dog could not be safely rehomed and was euthanized.   

Education

3.17    Child education talks were provided to 450 children as part of the 6 Dog Smart talks 7 adult educational talks were provided to 92 adults.    

3.18    This service was impacted by the Covid-19 pandemic.

        Microchipping

3.19    Council continues to offer free microchipping to all dog owners which is available every Wednesday.


 

 

         Statistical Summary

Total number of registered dogs

40,067

Total number of probationary owners

11

Total number of disqualified owners

10

Total number of dogs classified as dangerous (live records only)

52

Total number of dogs classified as menacing (live records only)

               326

Number of infringement notices issued (not waived or cancelled)

1149

Number of dog related complaints -

 

Dog attacks on people, stock, poultry, domestic animals or protected wildlife 

553

Dog rushing, intimidating people or domestic animals. 

530

Dogs barking, roaming or fouling (covers self-generated bylaw, roaming dogs and miscellaneous matters)

4171

Number of prosecutions taken

1

 

Attachments Ngā Tāpirihanga

There are no attachments to this report.

 

In addition to the attached documents, the following background information is available:

Document Name – Location / File Link

Not applicable

 

 

 

 

Confirmation of Statutory Compliance Te Whakatūturutanga ā-Ture

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 Ngā Kaiwaitohu

Author

Lionel Bridger - Manager Animal Services

Approved By

Tracey Weston - Head of Regulatory Compliance

Jane Davis - General Manager Infrastructure, Planning & Regulatory Services

 

 


Council

25 January 2023

 

 

8.     2022-23 Metropolitan Discretionary Response Fund - YSAR Trust

Reference / Te Tohutoro:

22/1628103

Report of / Te Pou Matua:

Lexie Reuben, Team Leader Community Funding (Lexie.Reuben@ccc.govt.nz)

General Manager / Pouwhakarae:

Mary Richardson, General Manager Citizens & Community (Mary.Richardson@ccc.govt.nz)

 

 

1.   Purpose of Report Te Pūtake Pūrongo

1.1       The purpose of this report is for the Council to consider an application for funding from its 2022-23 Discretionary Response Fund from the organisation listed below.

Funding Request Number

Organisation

Project Name

Amount Requested

Amount Recommended

00064942

YSAR Trust

Youth and SAR (Youth Search and Rescue) Development Programme Christchurch

$50,000

$16,369

 

1.2       There is currently a balance of $183,076 remaining in the fund

2.   Officer Recommendations Ngā Tūtohu

That the Council:

1.         Makes a grant of $16,369 from the 2022-23 Metropolitan Discretionary Response Fund to the YSAR Trust towards the costs of purchasing a Portable Repeater for their development programme.

 

3.   Key Points Ngā Take Matua

Strategic Alignment Te Rautaki Tīaroaro

3.1       The recommendation is aligned to the Strategic Framework and in particular the strategic priority of enabling active and connected communities to own their future. It will contribute to three community outcomes, resilient communities, liveable city and healthy environment.  The recommendation is consistent with the Strengthening Communities Together Strategy.

Decision Making Authority Te Mana Whakatau

3.2       Determine the allocation of the Discretionary Response Fund for each community

3.3       Allocations must be consistent with any policies, standards or criteria adopted by the Council

3.4       The Fund does not cover:

·   Legal challenges or Environment Court challenges against the Council, Council Controlled organisations or Community Board decisions

·   Projects or initiatives that change the scope of a Council project or that will lead to ongoing operational costs to the Council (though Community Boards can recommend to the Council that it consider a grant for this purpose).

Assessment of Significance and Engagement Te Aromatawai Whakahirahira

3.5       The decision in this report is of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy.  The level of significance was determined by the fact that the decision expected is the allocation of a community funding scheme using Council-approved criteria.  This is an established level of service in the Long Term Plan.

3.6       Engagement has included discussions with the applicant, and discussions during a staff assessment.  Due to the assessment of low significance, no further community engagement and consultation is required.

3.7       There is no impact on Mana Whenua as the decisions pertains to the allocation of an established community fund as a contribution to the purchase of radio communications equipment.  For the same reasons there are no climate change and accessibility considerations.

Discussion Kōrerorero

3.8       At the time of writing, the balance of the 2022-23 Discretionary Response Fund is as below.

Total Budget 2022-23

Granted To Date

Returns made to the DRF

Available for allocation

Balance If Staff Recommendation adopted

$302,768

$121,692

$2,000

$183,076

$166,707

 

3.9       Based on the current Discretionary Response Fund criteria, the application listed above is eligible for funding.

3.10    The attached Decision Matrix provides detailed information for the application.  This includes organisational details, project details, financial information and a staff assessment.

 

Attachments Ngā Tāpirihanga

No.

Title

Reference

Page

a

Decision Matrix - 00064942 - YSAR Trust

22/1569800

52

 

 

Confirmation of Statutory Compliance Te Whakatūturutanga ā-Ture

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 Ngā Kaiwaitohu

Author

Lexie Reuben - Team Leader Community Funding

Approved By

Gary Watson - Manager Community Partnerships & Planning

Peter Langbein - Finance Business Partner

John Filsell - Head of Community Support and Partnerships

Mary Richardson - General Manager Citizens & Community

 

 


Council

25 January 2023

 



Council

25 January 2023

 

 

9.     Councillor Remuneration

Reference / Te Tohutoro:

22/1772967

Report of / Te Pou Matua:

Helen White, Head of Legal & Democratic Services
(helen.white@ccc.govt.nz)

General Manager / Pouwhakarae:

Lynn McClelland, Assistant Chief Executive Strategic Policy and Performance (lynn.mcclelland@ccc.govt.nz)

 

 

1.   Nature of Decision or Issue and Report Origin

1.1       The council is required to forward to the Remuneration Authority a proposal to allocate the governance remuneration pool.

1.2       This is a legislative requirement.

1.3       The decisions in this report low significance in relation to the Significance and Engagement Policy.  The level of significance was determined by considering the criteria within the Policy.   This is because the council is allocating a governance remuneration pool as determined by the Remuneration Authority.

 

2.   Officer Recommendations Ngā Tūtohu

That the Council:

1.         Receives the report.

2.         Approves the distribution of the governance remuneration pool for submission to the Remuneration Authority as follows:

a.         Deputy Mayor (1.15% of Councillor rate) - $135 294.00

b.         Councillor $117 647.00

3.         Authorises the Head of Legal & Democratic Services to complete the prescribed documentation for the Remuneration Authority.

 

 

3.   Reason for Report Recommendations Ngā Take mō te Whakatau

3.1       The recommendation is based on recognising the position of deputy mayor as having additional responsibilities.  The allocation of 115% of the councillor remuneration has been the allocation over the last three council terms.  Elected members have indicated that they wish to continue with this approach.

3.2       The additional responsibilities of the role of deputy mayor include:

3.2.1   Performing the duties and responsibilities of the Mayor during absence, if he is prevented by illness undertaking duties, or if there is a vacancy in the office of the Mayor.

3.2.2   Deputise for the Mayor when he has competing commitments, including chairing meetings, addressing the media, representing the Mayor or council and other duties.

3.3       The base remuneration for 15 councillors to be set at $117 647. 00 per annum representing an equal share of the balance of the pool.

3.4       Following the council decision, officers will submit this recommendation along with the required supporting documentation to the Remuneration Authority.

3.5       The Remuneration Authority will consider the council’s recommendation and issue a determination in late February/March 2023.   Changes in remuneration will be back dated until either the day after the member took office and/or appointments were made.

3.6       The decision affects all councillors, but not the Mayor or community board members.  The remuneration for the Mayor and community board members is set directly by the Remuneration Authority.  For this financial year, the Mayor’s remuneration is $200 000.00.  The Community boards are remunerated primarily based on population calculations.  The range for the chairperson is $20 305.00 to $52 077.00 (depending on the board) and for members is $10 153.00 to $26 039.00 (depending on the board).  

3.7       For the avoidance of doubt, councillors are not additionally remunerated for their membership on the community boards.

 

4.   Alternative Options Considered Ētahi atu Kōwhiringa

4.1       It is open to the Council to consider that responsibilities, such as chairperson, deputy chairperson, committee memberships or portfolio leads are additional responsibilities deserving of a different level of remuneration.

4.2       Separately it has been suggested that the Council could ask for the remuneration pool to be reduced. There is no legal reason why the council could not ask for this, however, it is the view of officers that the chances of success of a reduction to the size of the pool are minimal.   That is because the setting of the pool is a matter for the Remuneration Authority after taking into account statutory factors.   The Remuneration Authority Act 1977 includes these factors:

4.2.1   The size of the job for governance of the city as a whole

4.2.2   The average time required by members to perform their role (for the council, it is assessed that the role of councillor is a full-time position)

4.2.3   Population

4.2.4   Operational expenditure

4.2.5   Asset base

4.2.6   Socio-economic factors

4.2.7   General comparison with the role of the members of Parliament

4.3       In addition to these factors, the Local Government Act 2002 requires the decisions of the Remuneration Authority to include the following considerations:

4.3.1   Minimising the potential to distort behaviour in relation to positions of responsibility

4.3.2   Achieving and maintaining fair relativity across the country

4.3.3   Fairness to both those being remunerated and the rate payer

4.3.4   Attracting and retaining competent persons as elected representatives

4.4       It is anticipated by the Remuneration Authority in their online guidance that the role of members may change in year.   For example, if there were to be a disaster that increased the scale of the governance of the city, the Remuneration Authority can consider that extraordinary circumstances justify extra responsibilities and a larger remuneration pool.

4.5       There is no express guidance that suggests that the Remuneration Authority could reduce the size of the governance remuneration pool either within the current financial year or for future years.  However, in order for the Remuneration Authority to comply with their own obligations, it would need to be satisfied that the legal tests for the size of the pool are met and that there is a change that needs to be reassessed and determined.   The council would need to forward grounds with reference to the above statutory factors about why the pool should change.   For example, providing evidence that the role of the governance of the city has in some way reduced in size. 

4.6       Officers have considered the above statutory factors and consider that there is no evidence to suggest that the Remuneration Authority could lawfully reduce the size of the governance remuneration pool for this or future years.

5.   Detail Te Whakamahuki

5.1       The Remuneration Authority determines the total governance remuneration pool for the council.  The pool is required to be fully allocated.

5.2       The Remuneration Authority is the independent statutory body to set the remuneration of elected members of local authorities.  The relevant statutes are the Local Government Act 2002 and the Remuneration Authority Act 1977. 

5.3       The Local Government Members 2022/2023 Determination set for Christchurch City Council:

5.3.1   Remuneration for the Mayor and community board members from 1 July 2022 to 30 June 2023.

5.3.2   Remuneration for councillors from 1 July 2022 until the date elected members come into office following the 2022 local government elections.

5.3.3   A governance pool ($1 900 000.00 per annum) to be allocated for remuneration between all councillors, including a minimum councillor remuneration ($100 278.00 per annum).  This pool represents a nearly 3% increase in the size of the pool.

5.4       An updated determination from the Remuneration Authority is expected in late February/March 2023 and will contain the decision that takes into account the recommendations of the council.  It is not automatic that the Remuneration Authority to accept the recommendation of the council.

5.5       Once the decision has been gazetted, any increases to the remuneration of councillors will be backdated to the day after they took office.

6.   Policy Framework Implications Ngā Hīraunga ā- Kaupapa here

Strategic AlignmentTe Rautaki Tīaroaro

6.1       This decision relates to the remuneration of councillors.

Policy Consistency Te Whai Kaupapa here

6.2       The decision is consistent with Council’s Plans and Policies.

Impact on Mana Whenua Ngā Whai Take Mana Whenua

6.3       The decision 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 specifically impact Mana Whenua, their culture and traditions. This decision relates to the remuneration of councillors.

Climate Change Impact Considerations Ngā Whai Whakaaro mā te Āhuarangi

6.4       None.

Accessibility Considerations Ngā Whai Whakaaro mā te Hunga Hauā

6.5       None.

7.   Resource Implications Ngā Hīraunga Rauemi

Capex/Opex Ngā Utu Whakahaere

7.1       The governance remuneration pool is operational expenditure that is required to be spent.

Other He mea anō

7.2       None.

8.   Legal Implications Ngā Hīraunga ā-Ture

Statutory power to undertake proposals in the report Te Manatū Whakahaere Kaupapa

8.1       This report recommends action that is part of a statutory process.

 

Other Legal Implications Ētahi atu Hīraunga-ā-Ture

8.2       The final date for the Remuneration Authority to recommendation is 27 January 2023.

9.   Risk Management Implications Ngā Hīraunga Tūraru

9.1       Not applicable.

 

Attachments Ngā Tāpirihanga

There are no attachments to this report.

 

In addition to the attached documents, the following background information is available:

Document Name – Location / File Link

Not applicable

 

 

 

 

Confirmation of Statutory Compliance Te Whakatūturutanga ā-Ture

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 Ngā Kaiwaitohu

Author

Helen White - Head of Legal & Democratic Services

Approved By

Lynn McClelland - Assistant Chief Executive Strategic Policy and Performance

 

 


Council

25 January 2023

 

 

10.   Review of the Council's Policy for the Appointments and Remuneration of directors of Council Organisations

Reference / Te Tohutoro:

22/1785224

Report of / Te Pou Matua:

Leah Scales, General Manager Resources/Chief Financial Officer (Leah.Scales@ccc.govt.nz)

General Manager / Pouwhakarae:

Leah Scales, General Manager Resources/Chief Financial Officer (Leah.Scales@ccc.govt.nz)

 

 

1.   Purpose of Report Te Pūtake Pūrongo

1.1       The purpose of this report is for the Council to consider proposed amendments to the Council's governance settings in its Policy for the Appointment and Remuneration of Directors of Council Organisations (the Appointments' Policy).

1.2       The Original Officer Report (refer to Attachment A) was considered by the Council at its meeting on 14 December 2022 and was deferred to 25 January 2023 to enable a workshop to take place. 

2.   Considerations – 14 December 2022

2.1       The report was considered by the Council at its meeting on 14 December 2022.

2.2       The Mayor Moved a set of updated recommendations which were Seconded by Councillor Barber (refer 1a and 2-14 in section 4 below).

2.3       Two foreshadowed motions (refer 1b and 1c in section 4 below) were tabled at the meeting. It was noted that should 1a, 1b or 1c not carry, the status quo would remain.

2.4       Foreshadowed Motion 1b was not Moved or Seconded. Councillor MacDonald indicated he would Move Foreshadowed Motion 1c.

2.5       During discussions, Councillor Keown put forward a foreshadowed amendment to 1a, should 1a carry. The amendment was in relation to including a noting provision that individuals may choose to donate their fees.

2.6       The Council agreed with the Procedural Motion to let the item lie on the table and be deferred to the Council meeting on 25 January 2023 to enable a workshop to take place.

3.   Original Officer Recommendations

That the Council:

1.    Approves the following governance changes to be reflected in the Council’s Policy for the Appointment and Remuneration of Directors of Council Organisations to apply to all Council-controlled organisations’ boards:

a.    Prohibit staff appointments to operational Council-controlled organisation boards, but retain the ability to appoint staff to non-trading shelf Council-controlled organisations;

b.    Elaborate on diversity guidance to include gender, ethnicity, Māori whakapapa, LGBTI affinity, age, culture, disability, background and experience;

c.    Require all Chair appointments to be approved by the Council (including where an incumbent director of a board is appointed);

d.    Require all proposed re-appointments of incumbent directors to be approved by the Council;

e.    Reduce the number of terms that directors can serve on a Council-controlled organisation’s board to two terms of three years with a third if the Council considers it is warranted;

f.     Include in core skills and capabilities for Council-controlled organisation board members – sector knowledge, understanding and commitment to the Council’s obligation to Te Tiriti o Waitangi, reliability and dependability;

g.    All proposed appointments and re-appointments to Council-controlled organisation boards to be accompanied by a skills and expertise matrix of the board’s governance requirements and how the proposed mix of directors meet the requirements.

2.    Agrees to the treatment of fees to elected members who are appointed to Council-controlled organisation boards as follows:

EITHER:

a.    Status quo - fees are not received personally by councillor-directors and Christchurch City Holdings Ltd, ChristchurchNZ Holdings Ltd and Transwaste Canterbury continue to make donations to Tahua Taupua Mayor’s Welfare Fund in lieu of councillor-director’s fees;

OR

b.    Councillor-directors of Christchurch City Holdings Ltd only be entitled to receive fees personally as recompense for the workload, liabilities and reputational risk faced as directors;

OR

c.    Councillor-directors of all Council-controlled organisations be entitled to receive fees personally as recompense for their governance work on the boards;

3.    if recommendation 2a. is agreed - EITHER:

i. Council-controlled organisations need not donate amounts equal to the fees and can instead retain the value of the fees within the organisation;

OR

ii. Only commercially profitable Council-controlled organisations donate the value of fees not paid to councillor-directors to the Tahua Taupua Mayor’s Welfare Fund or other recipient the Council may choose;

OR

iii.         All Council-controlled organisations, whether profitable or not make donations in lieu of paying fees to the Tahua Taupua Mayor’s Welfare Fund, and bear the costs of doing so;

OR

iv.         Councillor-directors who receive fees from Council-controlled organisations as a result of board membership determine and declare the recipients of donations in lieu of fees, but cannot retain the value personally;

4.    Consider whether to reduce the number of elected member appointments to the ChristchurchNZ Holdings Ltd board from two to one; and

5.    Notes that in 2022, the value of fees donated in lieu of director’s fees for Councillor-directors was $291,600 and if reduced to profitable Council-controlled organisations only would be $122,000 based on two councillor-directors for Christchurch City Holdings Ltd and one for Transwaste Canterbury Ltd.

4.   Motions left to lie on the table - 14 December 2022 

Recommendation 1a and 2 to 14 Moved by the Mayor and Seconded by Councillor Barber

That the Council:

1.         (a) Agrees that elected members who are appointed to Christchurch City Holdings Limited, Christchurch New Zealand, Ōtautahi Christchurch Housing Trust and Transwaste will be entitled to receive any fees personally as recompense for their governance work on the boards;

2.         Requests that CCHL provide an annual donation of the amount equal to the fees otherwise paid to the two Councillor-directors disestablished at the 7 December Council meeting into the Mayor’s Welfare Charitable Fund;

3.         Notes that there will be two Councillor-directors on each of the boards of Christchurch City Holdings Limited, Christchurch NZ Holdings Ltd and Venues Otautahi.

4.         Approves the following governance changes to be reflected in the Council’s Policy for the Appointment and Remuneration of Directors of Council Organisations to apply to all Council-controlled organisations’ boards:

5.         Prohibit staff appointments to operational Council-controlled organisation boards, but retain the ability to appoint staff to non-trading shelf Council-controlled organisations;

6.         Continue to ensure CCHL elaborate on diversity guidance to include gender, ethnicity, Māori whakapapa, LGBTI affinity, age, culture, disability, background and experience;

7.         Require all Chair appointments to be approved by the Council (including where an incumbent director of a board is appointed);

8.         Require all proposed re-appointments of incumbent directors to be approved by the Council;

9.         Reduce the number of terms that directors can serve on a Council-controlled organisation’s board to two terms of three years with a third if the Council considers it is warranted;

10.       Continue to ensure core skills and capabilities for Council-controlled organisation board members – sector knowledge, understanding and commitment to the Council’s obligation to Te Tiriti o Waitangi, reliability and dependability;

11.       Require all proposed appointments and re-appointments to Council-controlled organisation boards to be accompanied by a skills and expertise matrix of the board’s governance requirements and how the proposed mix of directors meet the requirements.

12.       That CCHL report back as part of their Director fee review this year, the amount of discount applied to the public service element of Directors roles on CCHL and its wholly owned Subsidiaries.  As part of this review that CCHL consider an appropriate donation to recognise this discount to the Mayors welfare fund commencing the year ended  June 2024.

13.       Notes that in 2022, the value of fees donated in lieu of director’s fees for Councillor-directors was $291,600 and if reduced to profitable Council-controlled organisations only would be $122,000 based on two councillor-directors for Christchurch City Holdings Ltd and one for Transwaste Canterbury Ltd.

14.       To allow the ChristchurchNZ board to carry out its own appointments process, instead of Christchurch City Holdings Limited.

Foreshadowed Amendment if Recommendation 1(a) is carried

Secretarial Note: Put forward by Councillor Keown

That the Council:

1.         (a) Agrees that elected members who are appointed to Christchurch City Holdings Limited, Christchurch New Zealand, Ōtautahi Christchurch Housing Trust and Transwaste will be entitled to receive any fees personally as recompense for their governance work on the boards; noting that individuals may choose to donate their fees.

 

Foreshadowed Motion 1(b) if Recommendation 1(a) is not carried

Secretarial Note: Not Moved or Seconded

1.         (b) Agrees that if recommendation 1 is not carried, then any elected members who are appointed to the board of Christchurch City Holdings Limited will be entitled to receive any fees personally as recompense for their governance work on the boards;

 

Foreshadowed Motion 1(c) if Recommendation 1(b) is not carried

Secretarial Note: Indicated to be Moved by Councillor MacDonald

1.         (c) Agrees that elected members who are appointed to Council-controlled organisation boards will be entitled to receive 67% of fees personally as recompense for their governance work on the boards and directs that the remaining 33% will be paid by the respective organisation to the Mayors Welfare Fund.

Secretarial Note: If lost the Status Quo remains.

 

 

 

Attachments Ngā Tāpirihanga

No.

Title

Reference

Page

a

Original Officer Report

22/1785243

63

 

 


Council

25 January 2023

 



























  

 

 


Council

25 January 2023

 

 

11.   Resolution to Exclude the Public

Section 48, Local Government Official Information and Meetings Act 1987.

 

I move that the public be excluded from the following parts of the proceedings of this meeting, namely items listed overleaf.

 

Reason for passing this resolution: good reason to withhold exists under section 7.

Specific grounds under section 48(1) for the passing of this resolution: Section 48(1)(a)

 

Note

 

Section 48(4) of the Local Government Official Information and Meetings Act 1987 provides as follows:

 

“(4)     Every resolution to exclude the public shall be put at a time when the meeting is open to the public, and the text of that resolution (or copies thereof):

 

             (a)       Shall be available to any member of the public who is present; and

             (b)       Shall form part of the minutes of the local authority.”

 

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public are as follows:


Council

25 January 2023

 

 

 

ITEM NO.

GENERAL SUBJECT OF EACH MATTER TO BE CONSIDERED

SECTION

SUBCLAUSE AND REASON UNDER THE ACT

PLAIN ENGLISH REASON

WHEN REPORTS CAN BE RELEASED

12.

Public Excluded Council Minutes - 14 December 2022

 

 

Refer to the previous public excluded reason in the agendas for these meetings.

 

13.

CCO Appointments' Committee

s7(2)(a)

Protection of Privacy of Natural Persons

To protect the reputations of private individuals who are named in this report.

Immediately following the Council's decisions on membership of the Appointments' Committee.

14.

Christchurch City Holdings Ltd - Appointment of director to Enable Services Ltd

s7(2)(a)

Protection of Privacy of Natural Persons

To protect the candidate's reputation in the event the appointment is not approved.

As soon as the candidate has been notified of the Council's decision.

15.

21965752 Park and Street Tree Maintenance Procurement Plan Approval

s7(2)(b)(ii), s7(2)(h), s7(2)(i)

Prejudice Commercial Position, Commercial Activities, Conduct Negotiations

This report details the strategy and approval prior to tender; commercially sensitive information

3 July 2023

On review and approval of the Head of Procurement and Contracts

 


Council

25 January 2023

 

Karakia Whakamutunga

Kia whakairia te tapu

Kia wātea ai te ara

Kia turuki whakataha ai

Kia turuki whakataha ai

Haumi e. Hui e. Tāiki e