Agenda of Hearings Panel - Wednesday, 29 November 2023

5. Summary of Submissions Draft Equity and Inclusion Policy
Reference / Te Tohutoro:	23/1787175
Report of / Te Pou Matua:	Claire Appleby-Phillips, Manager Community Planning & Projects Abraham Larsen, Community Development Advisor Ellen Cavanagh, Senior Policy Analyst
Senior Manager / Pouwhakarae:	John Filsell, Head of Community Support and Partnerships (John.Filsell@ccc.govt.nz)

1. Purpose of the Report Te Pūtake Pūrongo

1.1 This report summarises the submissions received during consultation on the draft Equity and Inclusion Policy (Policy). The report is intended to support the Hearings Panel in its deliberations on those submissions.

1.2 The Hearings Panel’s role is to consider all submissions and to make recommendations to the Council on the final form of the Policy.

1.3 The decisions in this report are of low significance in relation to the Council’s Significance and Engagement Policy. The level of significance was determined on the basis that the purpose is to report back on submissions received as part of public consultation that has already occurred.

2. Proposed Officer Recommendations Ngā Tūtohu

That the Hearing Panel

1. Receives the information within this report, including attachments, and considers the written and oral submissions made as part of the public consultation process.

2. Recommends that the Council:

a. Revokes the following polices:

i. Ageing Together Policy 2007

ii. Children’s Policy 1998

iii. Community Van Policy 1990

iv. Early Childhood Education Policy 1998

v. Equity and Access for People with Disabilities Policy 2001

vi. Social Wellbeing Policy 2000

vii. Winning Women Charter Policy 1995

viii. Youth Policy 1998.

b. Adopts the Equity and Inclusion Policy 2023 in its final form as set out in Attachment A, subject to any changes recommended by the Hearing Panel following deliberations.

c. Approves that staff are otherwise authorised to correct any typographical errors and to make minor changes to the Policy.

3. Background Te Horopaki

3.1 On 6 September 2023 the Council considered and approved the draft Equity and Inclusion Policy for consultation [CNCL/2023/00108].

3.2 The Council has several community-facing policies that have been overdue for review for some time. Many are now outdated or obsolete and do not accurately speak to the Council’s role in the partnering with communities. The policies are:

3.2.1 Ageing Together Policy 2007

3.2.2 Children’s Policy 1998

3.2.3 Community Van Policy 1990

3.2.4 Early Childhood Education Policy 1998

3.2.5 Equity and Access for People with Disabilities Policy 2001

3.2.6 Social Wellbeing Policy 2000

3.2.7 Winning Women Charter Policy 1995

3.2.8 Youth Policy 1998

3.3 These policies were initially identified for review as part of a 2018 review of the Council’s external policy register.

3.4 A subsequent review of the external policy register recommended these policies be considered in the review of the Strengthening Communities Strategy 2007.

3.5 The Strengthening Communities Strategy 2007 was reviewed and replaced with the Strengthening Communities Together Strategy 2022. The implementation plan for the 2022 Strategy identified that the youth, children, older persons, disability and other community-facing policies would be reviewed and replaced with a single policy document.

3.6 Staff have reviewed the eight existing community-facing policies to determine potential next steps for them.

3.7 Three of the policies have been identified as being obsolete and suitable for revocation:

3.7.1 Community Van Policy 1990

3.7.2 Early Childhood Education Policy 1998

3.7.3 Winning Women Charter Policy 1995.

3.8 The other five polices have been identified for amalgamation into one new policy, the draft Equity and Inclusion Policy:

3.8.1 Ageing Together Policy 2007

3.8.2 Children’s Policy 1998

3.8.3 Equity and Access for People with Disabilities Policy 2001

3.8.4 Social Wellbeing Policy 2000

3.8.5 Youth Policy 1998

4. Draft Equity and Inclusion Policy

4.1 The five above-named policies broadly cover: removing barriers to accessing places, spaces, information, and participation; ensuring our services meet the needs of the community; and reiterating the value the Council places on the contribution of different groups in the community.

4.2 Staff have considered the intent behind the above-mentioned policies and prepared the draft Equity and Inclusion Policy as a high-level policy framework that facilitates an equity, access and inclusion lens being put across Council decision-making. A policy framework is a high-level statement of intent and is intended to influence how and what Council activities are delivered, as well as influence other policy and strategy documents.

4.3 The new Policy, the draft Equity and Inclusion Policy, recognises the Council’s responsibility to ensure that decision-making reflects our commitment to foster equity and inclusion for all our residents. The draft Policy describes the Council’s approach to enabling people from all communities and areas of the city to have equitable access to our services.

4.4 The draft Policy retains the principles and intent of the old policies but better reflects the Council’s role in community wellbeing in line with Strengthening Communities Together Strategy. It does not reflect a new policy direction for the Council.

4.5 The draft Policy is also aligned with the Council’s Strategic Framework, specifically the priority to ‘be an inclusive and equitable city which puts people at the centre of developing our city and district, prioritising wellbeing, accessibility and connection’.

5. Overview of Amalgamated Policies

Ageing Together Policy 2007

5.1 The Ageing Together Policy outlines the Council’s commitment to meeting the needs of older people in Christchurch. It reiterates the value the Council places on having opportunities for older people to participate and contribute to their communities. The Ageing Together Policy also recognises that some people are more vulnerable and frailer as they age and may need additional support.

5.2 The Ageing Together Policy has three goals relating to access to information, access to places and services, and opportunities for participation.

5.3 It superseded the Older Persons Policy 1998 which was reviewed to reflect the Council’s contribution to the Government’s New Zealand Positive Ageing Strategy 2001. This strategy has now been replaced by the Better Later Life – He Oranga Kaumātua 2019 to 2034 Strategy.

5.4 The policy principles are broadly covered by the Strengthening Communities Together Strategy, particularly around recognition and value of older people and enabling participation and access to places and spaces.

Children’s Policy 1998

5.5 The Children’s Policy reflects the Council’s commitment to ensuring that its policies, planning and programmes impact positively upon the welfare and well-being of children and their whānau. It includes a table which categorises Council roles in achieving various outcomes for children. The policy also reflects the value the Council places on including children in the decision-making process.

5.6 The principles of this policy are broadly covered by the Strengthening Communities Together Strategy, particularly around supporting opportunities for children to influence decision-making, and enhancing the aspirations of young people.

Equity and Access for People with Disabilities Policy 2001

5.7 The Equity and Access for People with Disabilities Policy sets out the Council’s commitment to removing barriers to participation for people with disabilities and their whānau. It is a lengthy policy, with nine broad goal areas and 76 specific provisions for Council activities/services under these goals.

5.8 The policy principles are broadly covered by Strengthening Communities Together Strategy, particularly around enhancing the capacity and aspirations of the disability community.

5.9 The Equity and Access for People with Disabilities Policy contains a lot of detail on ensuring the built environment does not create barriers for people with disabilities. Staff have undertaken clause-by-clause review of the policy, which is discussed further in sections 9.18-9.20 of this report.

Social Wellbeing Policy 2000

5.10 This is a policy framework that sets out the high-level social outcomes for the community that the Council is committed to enhancing. These outcomes cover participation and community engagement, fair distribution of resources, reducing barriers to access, honouring Te Tiriti o Waitangi and positive economic outcomes.

5.11 The outcomes and priorities set out in the Social Wellbeing Policy are covered by the Strengthening Communities Together Strategy and the Council’s Strategic Framework.

Youth Policy 1998

5.12 This is a one-line policy, which states the Council’s commitment to developing, supporting and promoting initiatives that positively contribute to the safety and wellbeing of young people, their whānau and communities.

5.13 The principles of the Youth Policy are broadly covered by the Strengthening Communities Together Strategy, particularly around enhancing the capacity and aspirations of youth.

6. Policies Recommended for Revocation

Community Van Policy 1990

6.1 The Community Van Policy states the Council will make a van available for community groups to hire. The Council no longer has a community van available for hire, meaning this policy is no longer practised. This policy is now 33 years old and has not been reviewed since it was adopted in 1990.

Early Childhood Education Policy 1998

6.2 The Early Childhood Education Policy outlines the Council’s commitment to promoting equitable access for all children and their whānau to quality early childhood education in Christchurch. The policy is now 25 years old, has not been reviewed since it was first adopted, and dates from a time when the Council was actively involved in early childhood education.

Winning Women Charter Policy 1995

6.3 The Winning Women Charter Policy adopts the Hillary Commission’s Winning Women Charter. The charter aimed to improve women’s participation in sport, fitness and leisure, and recognise their contribution in building healthy communities.

6.4 Staff understand this policy was once tied to an external funding source that is no longer available. The Hillary Commission became SPARC in 2002 and is now known as Sport New Zealand. This policy has not been reviewed since it was adopted in 1995.

6.5 The Physical Recreation and Sport Strategy 2002 includes the vision statement of moving together to provide a city where people participate and enjoy and have the opportunity to perform and excel in physical recreation and sport.

6.6 Staff suggest the Hearings Panel recommend the Council resolve to revoke these three policies when it considers the final Equity and Inclusion Policy.

7. Community Views and Preferences Ngā mariu ā-Hāpori

Public Consultation Te Tukanga Kōrerorero

7.1 As part of early engagement, staff discussed the drafting of an Equity and Inclusion Policy with the Digital Equity Advisory Group and the Disability Advisory Group.

7.2 Public consultation started on Thursday 14 September 2023 and ran until Friday 3 October 2023. An email was sent to 388 stakeholders, including 32 residents’ associations, 19 rūnanga organisations, and 266 non-profit organisations. Community Boards and interest groups were provided with a poster, an information sheet and a news item to share online. The consultation was posted on Facebook pages for the Council, the Christchurch Indian Group, and the Disabled Persons Assembly Christchurch and Districts, inviting submissions on the Council’s Let’s talk webpage.

7.3 Consultation documents and posters were delivered to all Christchurch libraries and service centres on 18 September 2023. Printed submission forms were available on request at local service centres.

7.4 During consultation Council staff visited local community sessions with Age Concern, Disabled Peoples Assembly, Accessibility Advisory Group, Qtopia, and Mana Tipua - Mana Ora.

8. Summary of Submissions Ngā Tāpaetanga

8.1 A total of 50 submissions were received on the draft Policy.

8.2 Submitters were made up of:

8.2.1 Three Community Boards (Waipuna Halswell-Hornby-Riccarton; Waimāero Fendalton-Waimairi-Harewood; Waihoro Spreydon-Cashmere-Heathcote).

8.2.2 Five organisations (Te Mana Ora, Spokes Canterbury, CCS Disability Action, Christchurch Methodist Mission and Mana Wāhine Kōrero).

8.2.3 42 individuals.

8.3 Most submitters (34 or 68%) agreed that the Draft Equity and Inclusion Policy is important, five (10%) disagreed, four (8%) said it is somewhat important, and seven (14%) selected ‘other’ as their response.

8.4 The parts of the Draft Equity and Inclusion Policy that submitters wanted to comment on are shown in figure 1.

Figure 1 Topics that submitters wanted to comment on.

8.5 The spread of submissions by Community Board areas is shown in Figure 2. Eight submissions (16%) were received from the Waihoro Spreydon-Cashmere-Heathcote area, three (6%) from Te Pātaka o Rākaihautū Banks Peninsula, seven (14%) from Waitai Coastal-Burwood-Linwood, nine (18%) from Waipapa–Papanui-Innes-Central, nine (18%) from Waimāero Fendalton-Waimairi-Harewood, and two (4%) from Waipuna Halswell-Hornby-Riccarton. Twelve submissions (24%) were received from outside of Christchurch.

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Figure 2 Submissions by Community Board area

9. Staff Have Drafted Changes to the Policy to Reflect Feedback Received

9.1 Submitters were generally supportive of the Policy, although many submitters suggested various drafting changes, most of which were minor in nature.

9.2 Staff have carefully considered each submission and made proposed drafting changes where appropriate. In proposing these changes staff considered the nature of the change, whether it is aligned with the principles and intent of the rest of the Policy, and whether it is aligned with existing Council policies and strategies – in particular the Strengthening Communities Together Strategy and abovenamed community-facing policies.

9.3 The proposed changes to the Policy are summarised below and attached to this report for the Hearings Panel’s consideration.

9.3.1 Attachment A shows the draft Policy with proposed changes tracked.

9.3.2 Attachment B is a clean version of the draft Policy incorporating the proposed changes contained in Attachment A.

9.3.3 Attachment C collates the staff response to each submission and identifies where changes have been made as a result of the feedback.

Definitions

9.4 Five submitters suggested changes to the definitions of equity, inclusion, and accessibility. Staff propose the following amendments be made to reflect their feedback:

9.4.1 The definition of equity be amended to be clearer and more succinct.

9.4.2 The list of social groups be amended to ensure it is consistent across the document.

9.4.3 The definition of inclusion be amended to reference those with hidden disabilities and disadvantaged groups.

9.4.4 The accessibility definition be amended to include access to participation and to reflect the change made to the equity definition.

9.5 Eighteen submissions were received asking that the draft Policy be amended to include medical status or medical choice in the list of social groups. Submitters expressed concern about those entering Council facilities being required to show their My Vaccine Pass between December 2021 and April 2022. Staff do not recommend changes to the Policy. The Council’s COVID-19 risk assessment was published on the website in January 2022 and outlines the risk/benefit assessment undertaken by the Council at the time.

9.6 Fourteen submissions were received asking the draft Policy to be amended to change the reference from ‘gender’ to ‘sex’. Staff do not recommend this change be made to the Policy. The list of social groups is consistent with existing Council policies and strategies. The term gender is consistent with existing Council policy.

9.7 The Social Wellbeing Policy includes the following principle:

“All people, no matter age, race, gender, social and economic position or abilities, have opportunities to contribute to society and develop their potential”.

9.8 The current drafting is also consistent with the language used in the Strengthening Communities Together Strategy:

“We want to understand and work alongside the community to ensure these services and support systems are accessible and appropriate irrespective of income, age, gender, ability, ethnicity, religion or location”.

Purpose

9.9 Three submitters suggested changes to the purpose section. Waihoro Spreydon-Cashmere-Heathcote Community Board suggested clarifying that the Policy includes Council grant funding. Staff intended for the purpose statement’s reference to investment include grant funding and propose amending the Policy to reflect this.

9.10 One submitter asked that references to equity and inclusion also include access. Staff suggest making this amendment to ensure consistency across the document and reflect the principles of the existing policies.

Policy scope

9.11 Two submitters commented on a need for clarity about the Policy being a statement of intent to guide decision decision-making. One of these submitters noted that an equity lens would not always be possible and that trade-offs will sometimes be required. Staff have proposed a drafting change to clarify the use of the Policy.

Policy statement

9.12 One submitter suggested including an explanation of structural exclusion. A definition of exclusion has been proposed which aligns with the existing definition in the Strengthening Communities Together Strategy.

Principles

9.13 Four submitters suggested draft changes to the seven pillars of inclusion. Staff have proposed changes reflecting these suggestions where possible.

Policy detail

9.14 Six submitters suggested changes to the policy detail, which have been incorporated in the proposed changes.

9.14.1 Two submitters suggested strengthened wording around providing a safe and inclusive space for people to participate in decision-making.

9.14.2 One submitter reiterated the importance of the Council providing information in a variety of formats. Staff consider this is an important component of the Equity and Access for People with Disabilities and Ageing Together Policies and propose strengthened provision for this in the policy detail.

9.14.3 Staff propose a drafting change to better reflect existing principles in the Strengthening Communities Together Strategy and Social Wellbeing Policy relating to supporting and advocating for all communities. This reflects feedback from two submitters.

9.14.4 Staff also propose clarifying the use of an equity, access, and inclusion lens in response to feedback from a submitter.

Implementation and monitoring

9.15 Several submitters, including Te Mana Ora and Waimāero Fendalton-Waimairi-Harewood Community Board, raised the question of how the Policy would be implemented and monitored. A proposed implementation section has been added to the draft Policy. Staff consider the most appropriate avenue to monitor the Policy’s implementation, progress and impact is as part of the Strengthening Communities Together programme of work.

Revoking old policies

9.16 Some submitters expressed concern that the draft Policy lacks the detail of some existing policies. Submitters are also concerned about losing the specificity that comes with having policies for different groups.

9.17 Staff consider the existing policies have not been well implemented, used, or reviewed regularly. While the policies addressed various social groups, they broadly covered similar principles. The Strengthening Communities Together Strategy also reflects the principles of these policies. The draft Policy acknowledges that people identify with multiple communities, and that the needs and aspirations of our diverse communities should weave through everything the Council does.

9.18 Two submitters noted the detail contained in the Equity and Access for People with Disabilities Policy. A clause-by-clause review of the Equity and Access policy found that most policy provisions are covered by other Council documents (such as the Infrastructure Design Standards, Strengthening Communities Together Strategy, Intersection & Pedestrian Crossing Design for People with Disabilities Policy 2016 and other external and internal policies) and/or legislation such as the Building Act 2004.

9.19 There are several clauses in the Equity and Access for People with Disabilities Policy that are not explicitly recorded in another Council document. These primarily relate to access to information and fall mainly under the Communication Access section of that policy:

· Ensure staff are aware of the need to provide information in various ways to meet different needs.

· Ensure information is available in alternative formats that are easier for the wider disability community to access, for example of audio tape, website, teletext, Braille, message services, large print, simple language and diagrams, radio, and email.

· Provide information about events and services in a variety of media (for example, publicise telephone and fax numbers, provide print information and radio notices).

· Provide sufficient notice of events to ensure there is time to arrange transport or other requirements.

· Publicise information about Council events and services through disability networks.

· Provide targeted information for people with disabilities, their families and whānau and service providers for no additional charge.

· Ensure all Council facilities have clear signs which include internationally recognised symbols and indicators.

· Develop appropriate consultation and advisory guidelines for Council Units.

· Provide services which meet the specific needs of people with visual and hearing impairments and physical disabilities.

· Encourage the portrayal of persons with disabilities by the media in a positive way, particularly the Council’s own publications and publicity material.

· Initiate and support information campaigns concerning persons with disabilities and disability policies, conveying the message that people with disabilities are citizens with the same rights and obligations as others, thus justifying measures to remove all obstacles to full participation.

9.20 The draft Policy addresses the underlying principles of some of these provisions, particularly around providing services that meet the specific needs of people with disabilities and providing information in various ways to meet different needs. However, staff recommend that the more specific provisions be included in a guideline or procedure document, which can be readily updated as best practice evolves. Staff note this work could be picked up as part of developing the disability action plan.

10. Details Te Whakamahuki

Decision Making Authority Te Mana Whakatau

10.1 The decision-making authority to approve a policy sits with the Council and has not been delegated to a Hearings Panel or Committee of Council.

10.2 The role of the Hearings Panel is to consider and hear submissions, deliberate on those matters raised and make recommendations to the Council on the final form of the Policy.

Legal Implications Ngā Hīraunga ā-Ture

10.3 Submissions made on the proposals should be received by the Hearings Panel with an open mind and should be given due consideration.

10.4 When deliberating on submissions, the Hearings Panel should keep in mind the Council’s powers to make a policy, and the scope of the consultation materials. Significant changes from the original proposals may require further consultation.

Risks Ngā Tūraru

10.5 With any process there is always a risk that members of the public or organisations may not agree with the proposals finally adopted by the Council and file judicial review proceedings. This risk can be managed by careful compliance with the provisions in the Local Government Act 2002, and the common law.

Next Steps Ngā Mahinga ā-muri

10.6 The Hearings Panel will consider the matters raised in submissions, deliberate on those matters, seek any further advice from staff, and make recommendations to the Council on the final form of the Equity and Inclusion Policy.

Attachments Ngā Tāpirihanga

No.	Title	Reference	Page
a ⇩	Draft Equity and Inclusion Policy (with track changes)	23/1874880	78
b ⇩	Draft Equity and Inclusion Policy (clean copy)	23/1874647	83
c ⇩	Staff response to submitter comments	23/1874575	88

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

Claire Appleby-Phillips - Manager Community Planning & Projects

Abraham Larsen - Community Development Advisor

Ellen Cavanagh - Senior Policy Analyst

Irene MacArthur - Engagement Advisor

Approved By

Elizabeth Neazor - Manager Legal Service Delivery, Commercial & Property

John Filsell - Head of Community Support and Partnerships

4. Volume of Submissions - Draft Equity and Inclusion Policy
Reference / Te Tohutoro:	23/1836884
Report of / Te Pou Matua:	Cathy Harlow, Democratic Services Advisor (cathy.harlow@ccc.govt.nz)
Senior Manager / Pouwhakarae:	Lynn McClelland, Assistant Chief Executive Strategic Policy and Performance (lynn.mcclelland@ccc.govt.nz)