Agenda of Canterbury Waste Joint Committee

Canterbury Waste Joint Committee

Agenda

Notice of Meeting:

A meeting of the Canterbury Waste Joint Committee will be held on:

Date: Friday 17 February 2023

Time: 1 pm

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

Membership

Members

Councillor Scott Aronsen - Mackenzie District Council

Councillor Kelly Barber - Christchurch City Council

Councillor John Begg - Waimate District Council

Councillor Robbie Brine - Waimakariri District Council

Councillor Joe Davies - Environment Canterbury

Councillor David East - Environment Canterbury

Councillor James Gough - Christchurch City Council

Councillor Kevin Heays - Kaikoura District Council

Councillor David Hislop - Hurunui District Council

Councillor Liz McMillan - Ashburton District Council

Councillor Grant Miller - Selwyn District Council

Councillor Gavin Oliver - Timaru District Council

Councillor Mark Peters - Christchurch City Council

14 February 2023

Principal Advisor

Jane Davis

General Manager Infrastructure, Planning & Regulatory Services

Tel: 941 8884

Andrew Campbell

Committee & Hearings Advisor

941 8340

andrew.campbell@ccc.govt.nz

www.ccc.govt.nz

Canterbury Waste Joint Committee

17 February 2023

3. Appointment of Chairperson and Deputy Chairperson
Reference / Te Tohutoro:	23/184978
Report of / Te Pou Matua:	Andrew Campbell, Committee & Hearings Advisor, Legal & Democratic Services (Andrew.Campbell@ccc.govt.nz)
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 To appoint a Chairperson and Deputy Chairperson to the Canterbury Waste Joint Committee.

1.2 This is a staff-generated report to fulfil the requirements in the Canterbury Waste Joint Committee's Constituting Agreement to appoint a Chairperson and Deputy Chairperson.

2. Officer Recommendations Ngā Tūtohu

That the Canterbury Waste Joint Committee:

1. Appoint [Insert Councillor’s Name] as Chairperson of the Canterbury Waste Joint Committee; and,

2. Appoint [Insert Councillor’s Name] as Deputy Chairperson of the Canterbury Waste Joint Committee.

3. Brief Summary

3.1 Clause 12 of the Constituting Agreement states that the Committee shall appoint a Chairperson, who must be an elected member appointed by the Christchurch City Council, and that the Committee shall appoint a Deputy Chairperson, who must be an elected member appointed by a Council other than the Christchurch City Council.

3.2 If there is only one candidate for the Deputy Chairperson position, then the Committee may resolve to appoint that person as the Deputy Chairperson.

3.3 If there is more than one candidate for the Deputy Chairperson position, then the Committee must then put the matter to a vote, using the voting system the Committee has decided to use.

3.4 The Committee must use one of two voting systems set out in Clause 25, Schedule 7 of the Local Government Act 2002 (Attachment A).

3.5 Under System A, a candidate is successful if he or she receives the votes of the majority of the members of the Committee present and voting.

3.6 If no candidate is successful in the first round of voting, there is a second round (excluding the candidate with the fewest votes in the first round). If no candidate is successful in the second round, there is a third and, if necessary, subsequent round of voting (each time excluding the candidate with the fewest votes in the previous round) until a candidate is successful.

3.7 In any round of voting, if two or more candidates tie for the lowest number of votes the person to be excluded from the next round is resolved by lot.

3.8 System B is first past the post except that a tie for the most votes is resolved by lot.

Attachments Ngā Tāpirihanga

No.	Title	Reference	Page
a ⇩	Clause 25, Schedule 7, Local Government Act 2002	23/184979	7

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

Andrew Campbell - Committee & Hearings Advisor

Approved By

Ross Trotter - Manager Resource Recovery

Jane Davis - General Manager Infrastructure, Planning & Regulatory Services

Canterbury Waste Joint Committee

17 February 2023

4. Canterbury Waste Joint Committee Background Report 2023
Reference / Te Tohutoro:	23/137260
Report of / Te Pou Matua:	Keygan Clutterbuck, Contract & Project Lead, Resource Recovery (Keygan.Clutterbuck@ccc.govt.nz)
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 The purpose of this report is to provide an outline of the history and role of the Committee.

1.2 The origin of this report is staff generated.

2. Officer Recommendations Ngā Tūtohu

That the Canterbury Waste Joint Committee:

1. Receive the information in this Report.

2. Agree staff to update the Canterbury Regional Waste Management Agreement 2000.

3. Brief Summary

3.1 The following Councils are members of the Committee:

3.1.1 Ashburton District Council,

3.1.2 Canterbury Regional Council,

3.1.3 Christchurch City Council,

3.1.4 Hurunui District Council,

3.1.5 Kaikoura District Council,

3.1.6 Mackenzie District Council,

3.1.7 Selwyn District Council,

3.1.8 Timaru District Council,

3.1.9 Waimakariri District Council, and

3.1.10 Waimate District Council.

3.2 The Committee is tasked with advancing and supporting waste minimisation in Canterbury and comprises of 13 elected members, three appointed by Christchurch City Council, two appointed by Canterbury Regional Council, and one each by the other eight member councils. The Chair is always an elected member from Christchurch City Council and the deputy is appointed from one of the other councils.

3.3 The Committee usually meets once a year, in August, to consider staff proposals from all member councils for regional waste minimisation projects and to review projects from the past year. Additional meetings are convened if further project proposals come forward. The Committee considers funding of project proposals, from staff or from external applicants, on a case-by-case basis.

3.4 The annual budget ($192,000) for regional waste minimisation projects is funded proportionally from the nine member councils, as set out in the Constituting Agreement. This is done on a pro-rata by population basis. Funding is made available to waste minimisation projects or initiatives with regional application and can be either Council or externally led, with the eligibility criteria set out on the webpage ‘Waste Minimisation in Canterbury’ https://ccc.govt.nz/environment/sustainability/waste-minimisation-in-canterbury-grant/. This eligibility criteria requires updating to reflect the new Constituting Agreement and the inclusion of Canterbury Regional Council as a member of the Committee.

3.5 In 2021 the Committee formally invited Canterbury Regional Council (CRC) to re-join as a Committee member. Through this arrangement, CRC would make a financial contribution to the Committee’s funds equivalent to twenty five percent of the total, or $48,000 in 2022/23. This contribution brings the annual budget to $192,000, with $80,000 funding a new staff position, the Regional Waste Project Facilitator (RWPF). The RWPF will have a pivotal role in progressing waste minimisation and regional collaboration around waste, with responsibility to coordinate implementation of successful projects.

3.6 The agenda papers and minutes from 2002 onwards are on the Christchurch City Council website https://ccc.govt.nz/the-council/meetings-agendas-and-minutes.

3.7 In 2000 the Committee adopted the Canterbury Regional Waste Management Agreement (Attachment B) which committed Councils to work together regionally on waste management matters. This agreement was signed by the original nine member councils of the Committee and as such needs updating to include the addition of the Canterbury Regional Council.

Attachments Ngā Tāpirihanga

No.	Title	Reference	Page
a ⇩	Canterbury Waste Joint Committee Past Projects	23/201997	12
b ⇩	Canterbury Regional Waste Management Agreement 2000	22/565558	87

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

Keygan Clutterbuck - Contract & Project Lead

Approved By

Ross Trotter - Manager Resource Recovery

Jane Davis - General Manager Infrastructure, Planning & Regulatory Services

Canterbury Waste Joint Committee

17 February 2023

5. Decision Request for Amendments to Constituting Agreement Clauses
Reference / Te Tohutoro:	22/1797749
Report of / Te Pou Matua:	Keygan Clutterbuck, Contract and Project Lead, Resource Recovery (Keygan.Clutterbuck@ccc.govt.nz)
General Manager / Pouwhakarae:	Jane Davis, General Manager Infrastructure, Planning & Regulatory Services (jane.davis@ccc.govt.nz)

1. Nature of Decision or Issue and Report Origin

1.1 The Nature of the Decision is to have the Canterbury Waste Joint Committee (CWJC) decide upon the amendment of Clauses within the Constituring Agreement (CA). The specific Clauses will be listed in the Detail Section.

1.2 The origin of the report is to fufil a new committee member request. It is staff generated.

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

2. Officer Recommendations Ngā Tūtohu

That the Canterbury Waste Joint Committee:

1. Agree to the amendment to the wording in Clause 19a of the CA.

2. Agree to the amendments to be made to Clauses 3b, 5b, and 15 of the CA, by deleting the word “elected” in “elected member”.

3. Alternative Options Considered Ētahi atu Kōwhiringa

3.1 An alternative to deleting “elected” from “elected member” is to add an explanatory note in the CA stating that, for Canterbury Regional Council (ECan), “elected member” will include a member appointed under s8 of the Canterbury Regional Council (Ngāi Tahu Representation) Act 2022.

4. Detail Te Whakamahuki

4.1 As per the minutes from the CWJC meeting on Monday 5 September 2022, clarification was sought regarding Clause 19a of the CA. Staff have provided clarification on the wording of this clause.

4.2 In order to allow ECan equal standing on the CWJC, Clauses 3b, 5b, and 15 require amending. Currently, these Clauses refer to two elected members of Canterbury Regional Council.

4.3 The Canterbury Regional Council (Ngāi Tahu Representation) Act 2022 allows two ECan Councillors to be appointed by Te Rūnanga o Ngāi Tahu, not elected. As currently written, the CWJC constituting agreement wouldn’t allow for ECan to appoint Ngāi Tahu Environment Canterbury Councillors to the Committee. As such ECan will not be able to sign the agreement until the word ‘elected’ is removed from the CA.

4.3.1 Legal advice was sought and the recommendation was that the aforementioned Clauses be amended to remove the word “elected” in order to allow ECan equal standing on the committee.

4.3.2 The current CA can be found at Attachment A.

5. Policy Framework Implications Ngā Hīraunga ā- Kaupapa here

Policy Consistency Te Whai Kaupapa here

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

Impact on Mana Whenua Ngā Whai Take Mana Whenua

5.2 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 not specifically impact Mana Whenua, their culture and traditions.

5.3 The decision involves a matter of interest to Mana Whenua and could impact on our agreed partnership priorities with Ngā Papatipu Rūnanga

5.4 Due to the wording currently written in the CA, Ngā Papatipu Rūnanga appointed members of ECan are unable to sit on the CWJC. If amendments are made, Ngā Papatipu Rūnanga would be able to sit on the CWJC.

6. Resource Implications Ngā Hīraunga Rauemi

Capex/Opex Ngā Utu Whakahaere

6.1 Cost to Implement - Nil

6.2 Maintenance/Ongoing costs - Nil

6.3 Funding Source - Nil

Other He mea anō

6.4 Nil

7. Legal Implications Ngā Hīraunga ā-Ture

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

7.1 Section 7(6) of the Canterbury Regional Council (Ngai Tahu Representation) Act 2022 (NTRA) states that “A reference in any enactment, other than in sections 19D and 19E of the Local Electoral Act 2001, to a member or an elected member of a local authority or a regional council must, in relation to the Council, be read as including a reference to an appointed member.” The CA is not an enactment but the term “elected members” in the CA would be interpreted consistently with the LGA – which is deemed to be amended by section 7(6) NTRA.

7.2 Section 7(7) NTRA says “Without limiting subsection (6), all members of the Council have the same functions, powers, responsibilities, rights, indemnities, and duties irrespective of whether they are elected or appointed.”

Other Legal Implications Ētahi atu Hīraunga-ā-Ture

7.3 There is no legal context, issue or implication relevant to this decision.

8. Risk Management Implications Ngā Hīraunga Tūraru

8.1 There is no risk context, issue or implication relevant to this decision.

Attachments Ngā Tāpirihanga

No.	Title	Reference	Page
a ⇩	Canterbury Waste Joint Committee Constituting Agreement	22/1141322	92

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

Authors

Keygan Clutterbuck - Contract & Project Lead

Emma Perry - Senior Legal Counsel

Approved By

Ross Trotter - Manager Resource Recovery

Lynette Ellis - Head of Transport & Waste Management

Jane Davis - General Manager Infrastructure, Planning & Regulatory Services