Agenda of Ordinary Council Meeting

Ordinary Council Meeting Agenda 12 December 2023

5.2 Decision Report - Adoption of Waste Management and Minimisation Plan 2024-2030 for Consultation

Author: Angie Taylor, Community Services and Solid Waste Officer

Authoriser: David Adamson, GM, Operations, Planning and Regulatory Services

Attachments: 1. Waste Minimisation and Management Plan 2024-30 Draft Statement of Proposal (under separate cover)

2. Mackenzie Waste Management and Minimisation Plan 2024-30 - Draft for consulation (under separate cover)

Purpose of Report

For Council to approve the draft Waste Management and Minimisation Plan 2024-30 for public consultation.

Staff Recommendations

1. That the report be received.

2. That the Council adopt the attached draft Waste Management and Minimisation Plan 2024-30 for public consultation through the Special Consultative Procedure, in accordance with section 83 of the Local Government Act 2002.

3. That the attached draft Waste Management and Minimisation Plan 2024-30 Statement of Proposal be approved for public consultation through the Special Consultative Procedure, in accordance with section 83 of the Local Government Act 2002.

Background

New Zealand’s principal solid waste legislation is the Waste Minimisation Act 2008 (WMA). The stated purpose of this Act is to:

Encourage waste minimisation and a decrease in waste disposal in order to

(a) protect the environment from harm; and

(b) provide environmental, social, economic, and cultural benefits.

To further its aims, the Act requires territorial authorities to promote effective and efficient waste management and minimisation within their district. To achieve this, all Councils are required to adopt a Waste Management and Minimisation Plan (WMMP). The plan considers the recently released New Zealand Waste Strategy, which provides a focus on transitioning to a low-emissions, low waste society based on a circular economy.

A formal review of Councils WMMP is required to be undertaken a minimum of once every six years. The council’s existing WMMP was adopted on 1 July 2018, and is therefore required to be reviewed.

As a prerequisite of this process, Council is required to prepare a Waste Assessment. This Assessment is a technical document that’s key purpose is to provide a clear picture of what happens with waste in the district, identify the key forces which are driving current behaviors and outcomes, and to highlight the key issues and options for addressing those identified issues. The Council has undertaken a Joint Waste Assessment with Timaru and Waimate District Councils.

The WMMP sets out the priorities and strategic framework for managing waste in our district, aiming to protect human health and safeguard the district by ensuring refuse and recycling is managed in a safe, efficient and sustainable manner.

Council staff have reviewed Council’s existing WMMP and determined that a new plan is required. The attached draft WMMP has been prepared because of this review and the findings of the Joint Waste Assessment. In addition, the draft WMMP has been developed in accordance with the requirements of the WMA and with consideration to the New Zealand Waste Strategy.

The timeframes below have been proposed to ensure that Council is able to qualify for the Waste Levy funding from Ministry for the Environment (MFE).

Next Steps - Consultation

Section 44 of the WMA requires Council to seek public feedback on its Plan through the special consultative procedure in accordance with Section 83 of the Local Government Act 2002. As part of this consultation, Council is required to prepare a Statement of Proposal (SOP) which provides the basis for consultation by setting out the issues and the decisions required to be made, in addition to providing guidance as to how a submission can be made. If Council consider that, as a means necessary to enable public engagement, a summary of the information contained in the SOP can be prepared. As the issues contained in the SOP and WMMP are not considered to have a high level of complexity, Council staff do not consider it necessary to prepare a summary in addition to the attached SOP.

Notification of consultation on the draft WMMP will be placed in The Courier newspaper. In addition, the draft WMMP, SOP and submission forms will be available on Council’s website with provision for online submissions to be made. Details of the consultation process, along with reminders ahead of the close of submissions will be provided through Council’s facebook page.

As part of the consultation, each of our three papatipu rūnanga will be contacted and provided the opportunity to meet with Council staff to discuss the proposed plan.

Once submissions close, a hearing will be held if people wish to speak in support of their submission.

The following timetable for the review and consultation process has been developed to ensure Council satisfies the requirements of the Act and remains eligible for its Waste Levy funding.

Adopt draft Waste Management and Minimisation Plan for consultation	12 December 2024
Consultation period	February/March 2024
Hearing of submissions	April 2024
Adopt Waste Management and Minimisation Plan	May/June 2024 (prior to 1 July 2024)

Policy Status

Council has an existing Waste Management and Minimisation Plan which was adopted in 2018, and which will remain effective until the reviewed Plan are adopted.

Significance of Decision

In accordance with Council’s Significance and Engagement Policy, this decision is not considered significant as it seeks the Council agree to undertake consultation on a proposed Policy in accordance with the LGA.

Options

The Council has the following options available:

1. That the Council adopt the attached draft Waste Management and Minimisation Plan and Waste Management and Minimisation Statement of Proposal for public consultation through the Special Consultative Procedure, in accordance with section 83 of the Local Government Act 2002; or

2. That the Council adopt the attached draft Waste Management and Minimisation Plan and Waste Management and Minimisation Statement of Proposal and, in considering the issue in the Waste Management and Minimisation Plan to be complex, instruct staff to prepare a summary of the information contained in the Statement of Proposal, before undertaking public consultation through the Special Consultative Procedure, in accordance with section 83 of the Local Government Act 2002; or

3. That the Council adopt the attached draft Waste Management and Minimisation Plan and/or the Waste Management and Minimisation Statement of Proposal for public consultation, and instruct staff to make changes to the Waste Management and Minimisation Plan and/or the Waste Management and Minimisation Statement of Proposal before undertaking public consultation through the Special Consultative Procedure, in accordance with section 83 of the Local Government Act 2002.

To qualify for the Waste Levy funding from Ministry for the Environment (MFE), the WMMP is required be adopted by 1 July 2024. Any further changes required to be made to the WMMP at this stage may impact on Council’s ability to meet these timeframes and obtain the Waste Levy funding.

In addition, Council staff do not consider that the complexity of the issues contained in the draft WMMP and SOP, warrant the preparation of a summary in addition to the attached SOP.

For these reasons, option 1 is recommended.

Considerations

Legal

A review of Council’s existing WMMP is required by the Waste Management Act 2008. If determined necessary, a revised WMMP is then required to be prepared and adopted within six years of the adoption of the previous WMMP.

Whether a new WMMP is required, or the existing WMMP reconfirmed, Council is required to undertaken public consultation through the Special Consultative Procedure in accordance with section 83 of the Local Government Act 2002.

Financial

As discussed above, it is required that review of the Waste Management and Minimisation Plan be adopted prior to 1 July 2024 to allow the Council to continue receiving waste levy funding.

Other

N/A

Conclusion

The Council is asked to adopt the draft Waste Management and Minimisation Plan and Statement of Proposal, which have been prepared in accordance with the Waste Management and Local Government Acts. In adopting the draft Plan for consultation, Council is ensuring that timeframes relating to the payment of the next Waste Levy funding can be met.

Ordinary Council Meeting Agenda 12 December 2023

5.4 Decision Report - Request for Increased Funding from the Aoraki Foundation

Author: Angela Oosthuizen, Chief Executive

Authoriser: Angela Oosthuizen, Chief Executive

Attachments: 1. Draft MOU from Aoraki Foundation, Community Partner Agreement - Confidential

Purpose of Report

The purpose of this report is to present the new proposed funding agreement for the Aoraki Foundation to Council for approval and to seek approval for funding to the Aoraki Foundation.

Staff Recommendations

1. That the report be received.

2. That Council agrees to approve or not approve the additional funding ($3000 p.a.) for the Aoraki Foundation for the next three years.

Background

The Aoraki Foundation in one of 17 Community Foundation in New Zealand. Their primary focus is to provide a simple and long lasting way for people to help charitable causes in the South Canterbury Community. The smarter giving model of Community Foundations ensures these gifts have the maximum impact now and in the future.

The Aoraki Foundation manages and administers over 15 separate endowment funds including: the South Canterbury Health Endowment Fund, Miller General Impact Fund, Fraser Ross Environmental Fund, Mackenzie Charitable Fund and many more. These provide ongoing funding for community groups and charities to create a better South Canterbury.

Donors can contribute to these funds with one off donations, or a gift in their will. They can also establish their own named funds for gifts of more than $50,000 where they can select the purposes or causes that are closest to their heart.

In addition to managing funds gifted to the Aoraki Foundation for the benefit of the district, the Aoraki Foundation also spearheaded the fundraising campaigns for the Timaru Caroline Bay Aquatic Centre and the Timaru MRI Scanner.

The Aoraki Foundation is guided by a group of voluntary trustees who are passionate about our district and are committed to strengthening our region.

Proposed Memorandum of Understanding

The Aoraki Foundation have proposed a new funding agreement (attached)

Clause 5.1 and 5.2 are of relevance.

5. Expectations

5.1 The Partner expects the Foundation to:

i. Promote, encourage and facilitate philanthropy within the Mackenzie District.

ii. Actively grow endowment funds that will provide sustainable funding for local charities and community organisations.

iii. Provide a safe pair of hands for local charitable funds to be resettled, thereby keeping funds locally instead of going to national offices.

iv. Support (where applicable & practical) significant Council projects as the lead fundraiser.^*

v. Consult with the Partner on community needs and aspirations.

vi. Assist the Partner (if required) with grant making and distributions of funds.^*

vii. Prepare an Emergency Relief fund that can be activated to collect donations in the event of a local emergency/disaster.

5.2 The Foundation expects the Partner to:

i. Promote the Foundation as the philanthropic infrastructure for the community.

ii. Use the Foundation as the preferred fundraiser for significant Council projects.

iii. Consult with the Foundation on community needs and aspirations.

iv. Promote the Aoraki Foundation Emergency Relief fund as the only preferred that can be activated to collect donations in the event of a local emergency/disaster.

* The Foundation may charge an administration or consultation fee for these services

6. Communication and Reporting

6.1 The Foundation and the Partner key contacts will aim to have at least three meetings per year to update each other on recent activity and progress.

6.2 In addition the Foundation will deliver a presentation to the Partner once a year (between August and October) outlining their performance for the financial year

There is also a suitable termination clause (clause 10) in the proposed agreement.

Discussion

This Grant would in in line with our community outcomes and given our new focus on Community

Development where Council is considering how we could support community led projects partnering with an organisation which could assist with fund raising for projects would be synergistic.

In addition, promoting the Aoraki Foundation Emergency Relief fund as a preferred fund that can be activated to collect donations in the event of a local emergency/disaster would be beneficial to the South Canterbury region.

Policy Status

This grant would be a fit within the Council discretionary Grants Fund.

Options

Option 1: Agree to decline the additional funding.

Option 2: Agree to approve the additional funding for a period of three years.

Option 3: Agree to an increased amount of Council’s choice.

Considerations

Legal

There are no legal considerations.

Financial

There is currently a carry forward of $40,000 in the council’s discretionary grants fund which would provide adequate funds to cover this additional funding.

Conclusion

The staff recommendation is that Council recognises the district-wide benefit provided by the Aoraki Foundation and approves the additional funding.

Hearing Minutes 21 November 2023

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Unconfirmed MINUTES

Freedom Camping Bylaw

Hearing of Submissions and Deliberations

21 November 2023

MINUTES OF Mackenzie District Council
Bylaw Hearing
HELD AT THE Tekapo Hall, Tekapo
ON Tuesday, 21 November 2023 AT 10.30am

PRESENT: Mayor Anne Munro, Deputy Mayor Karen Morgan, Cr Murray Cox, Cr Phillipa Guerin, Cr Rit Fisher, Cr Matt Murphy

IN ATTENDANCE: Angela Oosthuizen (Chief Executive), Aaron Hakkaart (Manager Planning), Rachel Willox (Planning officer), Isaac Ryall (IT support), Arlene Goss (Governance Advisor), Caroll Simcox (Tekapo Community Board), and submitters as noted in the minutes below.

1 Opening

The Mayor opened the meeting with a karakia.

2 Apologies

Apologies were received from Cr Aronsen and Cr Bellringer.

3 Declarations Of Interest

Cr Morgan and Cr Cox declared an interest in that they are members of the New Zealand Motor Caravan Association (NZMCA).

4 Freedom Camping Bylaw - Hearing of Submissions

The purpose of this report was to receive and hear submissions to the review of the Mackenzie District Council Freedom Camping Bylaw.

The Mayor gave some background as to why the bylaw was created in 2016, and what the public indicated it wanted included in the bylaw back in 2016. New legislation has since been created with new requirements regarding toilets in self-contained vehicles. A copy of the Mayor’s introduction is available as an attachment to these minutes.

Discussion moved to the late submission received from Opuha Water. Cr Morgan did not agree with the late submission being received, as it was outside the timeframe and this created a disadvantage for other submitters. A vote was taken and the submission was received. Cr Morgan asked for her vote against to be recorded.

Cr Murphy asked if the new Act did not cover a situation where someone walked more than 200m from their vehicle to where they were camping in a tent. Mr Hakkaart said that was correct. Cr Murphy said this distinction was important.

Discussion followed on whether the bylaw should ban camping in a tent within 200m of a vehicle. This meant defining what freedom camping was. The Mayor said it was important to work with a legal advisor during deliberations to ensure a decision was made that was within legislation.

Resolution 2023/150

Moved: Cr Phillipa Guerin

Seconded: Cr Matt Murphy

1. That the report and written submissions be received.

Carried

Resolution 2023/151

Moved: Cr Murray Cox

Seconded: Cr Rit Fisher

2. That the late submission from Opuha Water be received.

Carried

Cr Morgan voted against the motion.

Resolution 2023/152

Moved: Cr Phillipa Guerin

Seconded: Deputy Mayor Karen Morgan

3. That the panel hears from people wishing to speak to their submission.

Carried

5 Submission from M Vermeer

Although Mr Vermeer indicated in his submission that he wished to speak, he was unable to attend and sent his apologies.

6 Submission from Teniesha

Although Teniesha indicated in her submission that she wished to speak, she was unable to attend and sent her apologies.

7 Submission from H Ivey

Ms Ivey attended the hearing on Teams. She said she supported the bylaw generally but was concerned about clause 4.1. This clause said the bylaw only applied to land managed by the council. Other Crown land had policies available online. She asked if the bylaw rules would also apply to Waka Kotahi land, yes, and she would like the council to join other agencies with an interagency alignment that covered all freedom camping land.

Mr Hakkaart said council and Waka Kotahi had agreed that the bylaw would apply to their camping area in the district. LINZ had also provided delegation to council staff to manage freedom camping on their land. Officers were working with the authorities to ensure freedom camping was managed across the district.

The chief executive said in the future the cost of employing compliance staff would fall to the ratepayer and this was a hidden cost of tourism. Up to now this had been funded by central government via the Tourism Infrastructure Fund. This was a substantial ratepayer cost.

Ms Ivey asked if council was paying to remove the contents of the septic tank at The Pines camping area. Yes. The chief executive said it was important to get cost recovery from agencies in situations where council was managing their camping areas.

Cr Cox asked Ms Ivey if she knew of any camping sites that were causing problems. Various sites were discussed with no specific major problems.

Cr Fisher asked about her suggestion of an interagency alignment. She said she was coming from the perspective of a ratepayer, and the costs to the ratepayer. She said it must be difficult for a freedom camping ambassador to only issue tickets in one area and not another. Mr Hakkaart said education would be used in circumstances where a ticket was not issued.

Ms Ivey noted there would be a two-year phase in period for people to get their vehicles certified.

The Mayor thanked Ms Ivey for her submission.

8 Submission from C Graham

Mr Graham did not attend the hearing and did not send an apology.

9 Submission from S Woods

Mr Woods did not attend the hearing and did not send an apology.

The hearing adjourned at 11.07am for morning tea and reconvened at 11.34am.

10 Submission from NZMCA (New Zealand Motor Caravan Association)

James Imlach from the New Zealand Motor Caravan Association (NZMCA) joined the hearing on Teams and was welcomed to the Mayor.

He acknowledged the bylaw was necessary but was opposed to the prohibition on camping within the townships. He did not agree that the legislation allowed the bylaw to prohibit camping to protect the amenity of private properties, only to protect council-owned land.

He also disagreed that banning camping in the townships would help prevent the spread of disease such as Covid19.

He said the prohibition prevented responsible campers from parking in town overnight or when visiting friends and family. He acknowledged that overcrowding in the townships was an issue but suggested only prohibiting freedom camping at the busy times of the year.

He felt there was little risk in allowing self-contained campers to stay overnight in the townships. He supported that the council was not wanting to prohibit freedom camping across the whole district and thanked the council for choosing some nice areas where freedom camping was allowed.

Cr Cox asked whether he thought the council could differentiate between NZMCA members and other freedom campers. He said this would be difficult. The legislation introduced this year did require campers to have fixed toilets, and his understanding was that it was vehicles without toilets causing the issues, rather than non-member vehicles.

Mr Imlach said the association could help the council financially to set up freedom camping areas but he did not think it would be appropriate to limit those areas to members only. Cr Fisher asked if these would be un-serviced sites. Yes, for self-contained vehicles.

Mr Imlach was thanked for attending and he left the meeting.

11 Deliberations

The Mayor noted that two panel members belonged to the NZMCA but said she was happy for them to take part in the discussion because they provided valuable insight. She asked for this to be noted in the minutes.

The panel discussed various issues related to the bylaw and discussion included, but was not limited to, the following matters:

· The council needed an understanding of the maximum capacity of the district.

· Would making a concession to ban township camping only at peak times be reasonable? Peak times changed according to events in the district. The rules needed to be simple to understand.

· Where would the bylaw push the campers to, who were not welcome in the townships?

· Should council establish an area on council land that only self-contained campers can use?

· Need to communicate the positive messages of where people can camp, rather than where they can’t.

· The biggest risk to Council, from the bylaw, was the risk of legal action if the townships were prohibited.

· Town centres were currently restricted and this was a good fallback position.

· The public did not understand the tenting issue. There was a need to communicate that people could still camp in tents in specific areas, and soften the message.

The hearing adjourned for lunch at 12.07pm and reconvened at 12.34pm.

Legal advisor Judith Cheyne from Simpson Grierson joined the meeting on Teams and was welcomed. She was updated on the submission from NZMCA.

She outlined the current situation related to the proposal to ban freedom camping in the townships. She asked for specific issues that people had in each township regarding freedom campers staying overnight. It was not the role of the Act to protect people’s private space. There needed to be a proportional response to any issues.

The Mayor said over lunch there had been discussion regarding Twizel - about leaving Market Place as prohibited, and the town’s greenways prohibited, and only allowing overnight camping for three days in other areas.

She could not say there was a problem with overnight stays in Fairlie. Cr Morgan suggested prohibiting camping in Fairlie in the centre of town, to protect the commercial area as was the case in the other two towns.

Cr Fisher said any problems in Fairlie werevmitigated by the golf club initiative to use their carpark for freedom camping. But Twizel was different.

The bylaw would not stop people using the public toilets to wash their clothes. Cannot stop that. The panel agreed on the following provisions:

· Tekapo – keep the status quo maintaining prohibition across the township.

· Twizel - Market Place keep the status quo and include green space as prohibited areas.

· Rest of Twizel - three days maximum stay per month.

· Fairlie - create a prohibited area on the main road corridor from the cemetery to the bridge at the reserve.

Judith Cheyne said this was a proportionate approach and she felt the NZMCA would feel their submission was listened to.

Cr Guerin asked about the area near the existing campground in Fairlie and near the dog park. This area from Allandale Bridge would be included in the main corridor prohibited area.

The panel was comfortable with its decisions on the townships and moved to the issue of people camping in tents.

Mr Hakkaart said people misunderstood the bylaw. Tenting did not affect the area as significantly.

If a group wanted to come into the area and put tents on council land they could contact council and receive consent to do this, with appropriate hygiene facilities.

The only issues that come up around tenting were at Lake Opuha in the summer period.

Cr Morgan agreed with no tenting except in designated areas with the appropriate facilities.

Seeking permission to camp outside of this process would require permission and this process would be free for people to apply for.

Cr Murphy would like to allow tents as an addition to a self-contained campervan. Judith Cheyne said this could be monitored and included in the bylaw at its next review.

The Mayor said she was inclined to remain silent on tenting and see how it evolves.

Mr Hakkaart said there was some funding available for education around the bylaw, including tenting. This included updating the website and signage.

The panel agreed to keep the bylaw as notified, prohibit tenting, but there was opportunities to seek permission to use council land.

The panel then went through the submission summary table and accepted the suggestions from staff as recorded on that table. Further notes were:

Helen Ivey submission – accept action point that council needs to be seen to be advocating for alignment with other agencies in the district and explore opportunities for cost recovery.

Opuha Water – Let them know that council will take a harder position on late submissions going forward.

Respond to other submitters as required.

There was further discussion on the need to notify the bylaw before it came into effect. This was not a long period. The camping ambassadors would prioritise education over enforcement this summer while the bylaw was new.

Resolution 2023/153

Moved: Cr Matt Murphy

Seconded: Cr Murray Cox

That the panel deliberates and suggests any changes to the draft bylaw.

Carried

Resolution 2023/154

Moved: Deputy Mayor Karen Morgan

Seconded: Cr Murray Cox

That the hearings panel recommends that Council adopts the amended bylaw at its meeting on December 12, 2023.

Carried

The Meeting closed with a karakia at 1.36pm.

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 12 December, 2023.

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CHAIRPERSON

Ordinary Council Meeting Minutes 28 November 2023

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Unconfirmed MINUTES

Ordinary Council Meeting

28 November 2023

MINUTES OF Mackenzie District Council
Ordinary Council Meeting
HELD AT THE Council Chambers, Fairlie
ON Tuesday, 28 November 2023 AT 9.00am

PRESENT: Mayor Anne Munro, Deputy Mayor Karen Morgan, Cr Murray Cox, Cr Kerry Bellringer, Cr Scott Aronsen, Cr Phillipa Guerin, Cr Rit Fisher, Cr Matt Murphy

IN ATTENDANCE: Angela Oosthuizen (Chief Executive), Alexis Kereikeepa (General Manager, People, Customer and Cultural Relationships), David Adamson (General Manager Operational, Planning and Regulatory Services), Murray Dickson (General Manager Strategic, Financial Management and Commercial Services), Chris Clarke (General Manager, Information, Engagement and Community Development), Aaron Hakkaart (Manager Planning), Arlene Goss (Governance Advisor), Craig Motley (Manager Public Facilities, Parks and Places), Ashley McLachlan (Engineering Manager), Tina Donald (Building Services Manager), Joe Rush (Emergency Management Officer), Isaac Ryall (IT support), Sue Wilkins (Communications Advisor)

1 Opening

The Mayor opened the meeting with a karakia and welcomed everyone back to the newly renovated council chambers.

2 Apologies

There were no apologies.

3 Declarations Of Interest

There were no declarations of interest.

4 Bereavements

The Mayor read out the list of bereavements and a moment of silence was observed:

· Franklyn HARWOOD of Fairlie. Died at South Canterbury Hospice on November 10. Dearly Loved brother of Jan and Stefani.

· Leonard SMITH of Burkes Pass. Died at Timaru Hospital on November 6. Dearly loved son of the late Eric and Ivy.

· Betty SMITH, formerly of Fairlie. Dearly loved wife of the late Charles.

· Paula VALENTINE of Twizel. Passed away peacefully in her sleep at home on October 26, aged 69 years. Dearly loved wife of Ross Valentine, and mother of Joanne, Janelle, Andrea, Cindy, Kathryn and Shannon.

· Sarah BISHALL

· Annette SIEGART

5 Mayor's Report

5.1 Mayoral Activities Report

The Mayor said a quarterly hui was held in Tekapo on November 13 and a new chair of Ngai Tahu was elected. Council would be sending a letter to acknowledge him.

She also spoke about the Te Manahuna Aoraki Project Christmas Party at Glentanner, and the good work of this organisation.

Cr Fisher asked about the Long Term Plan process. The Mayor said councils had been overwhelmed by change from central government. Councils would be making assumptions in their Long Term Plan until they received clearer direction. LGNZ would be asked to advocate on behalf of councils.

Cr Aronsen asked about the future for local government process and the chief executive answered his questions.

6 Visitors

Miles O’Connor from Bancorp was invited to attend the meeting at 11am to speak to his report at Item 7.7.

Council’s representative on the Alpine Energy Board, Linda Robertson, would attend at 11.45am to meet the councillors and stay for lunch. This was after the meeting ended.

7 Reports

7.1 Chief Executive Officer's Report for November 2023

The chief executive noted that an audit of council practices against the recent Ombudsman’s Report on open meetings and workshop had been carried out and a workshops policy would be coming to council at a later date.

She then spoke about the challenges of funding capex and opex for the increased tourism, as this had also been discussed at a recent mayoral forum.

She also said there would be an update on the recent fire in Fairlie, and the removal of asbestos from the site. This cost would be borne by Council and recovered from the property owner.

Cr Guerin congratulated the chief executive for an article in the Fairlie Accessible.

Cr Aronsen asked if consultants employed by Council to work on three waters had been let go. Council still had one consultant on call but she was only paid for the work she performed. She was working on some projects not related to three waters.

Resolution 2023/155

Moved: Cr Phillipa Guerin

Seconded: Cr Matt Murphy

1. That the report be received.

Carried

7.2 Council Action List - November 2023

Cr Morgan asked about the meeting to discuss the contaminated land in Twizel was going ahead on the 30^th. The chief executive said it was.

7.3 Decision Report - Council Strategy and Community Outcomes for the Ten Year Plan

The purpose of this report was to present council’s business strategy, environmental scan and community outcomes, which details the strategic and operational context for the next three years. Cr Morgan asked to amend a detail in the strategy that was incorrect, in that council no longer had an information centre in Twizel.

Resolution 2023/156

Moved: Cr Kerry Bellringer

Seconded: Cr Rit Fisher

1. That the report be received.

Carried

Resolution 2023/157

Moved: Cr Kerry Bellringer

Seconded: Deputy Mayor Karen Morgan

2. That Council accept the draft Business Strategy, environmental scan and community outcomes for the Ten Year Plan as a core supporting document.

3. That the CEO incorporate feedback from the Community Boards and Runanga once this is received.

Carried

7.4 Decision Report - Set New Commercial Solid Waste Fees and Charges

This report proposed a new fee for the acceptance of glass from commercial waste operators at the Twizel Resource Recovery Park (RRP).

Solid waste manager Angie Taylor joined the meeting on Teams and said this matter was reasonably straightforward and came from a change to how glass was handled. The Mayor said she trusted that the proposed fee had been appropriately calculated.

Cr Aronsen asked for more detail. The current contractor was unable to accept glass now due to a change in operation, so an alternative arrangement was made through the Redruth plant in Timaru.

Resolution 2023/158

Moved: Cr Phillipa Guerin

Seconded: Cr Matt Murphy

1. That the report be received.

Carried

Resolution 2023/159

Moved: Cr Kerry Bellringer

Seconded: Cr Scott Aronsen

2. That a new commercial glass fee of $68 per tonne including Gst is added to the fees and charges for solid waste.

Carried

7.5 Decision Report - Meeting Schedule for 2024

The purpose of this report was to advise Council of the Schedule of Meetings for the Mackenzie District Council, Council Committees and Community Boards for 2024.

Cr Murphy asked to add workshops every Tuesday.

Cr Guerin asked about the mid-year holiday period on the calendar - does this cause disruption? The governance advisor noted this period was included so she could take leave.

The chief executive said the July holiday period would be needed if there was any slip in the Long Term Plan process. An amendment was made to the resolution before it was carried.

Resolution 2023/160

Moved: Deputy Mayor Karen Morgan

Seconded: Cr Rit Fisher

1. That the report be received.

Carried

Resolution 2023/161

Moved: Mayor Anne Munro

Seconded: Deputy Mayor Karen Morgan

2. That Council adopts the meeting calendar attached to the agenda, showing the meeting dates for 2024, with workshops added every Tuesday, and noting that July may be needed for meetings.

Carried

7.6 Decision Report - Funding Memorial Wall, Fairlie Cemetery, and
Information Report - Community Facilities

This report gave Council an overview of activities within the parks and community facilities area, and asks Council to approve the redirection of a small amount of funding.

Craig Motley joined the meeting and explained that the Fairlie cemetery work was now complete and looked pretty spectacular. He also updated the councillors on other projects, including the start of work on the Twizel Community Centre kitchen.

The Mayor said the memorial wall was a good example of the council allowing a community group to run with a project. The wall group would like the councillors to meet them down at the wall at some point so they can have a quiet opening.

Cr Aronsen asked about the Twizel Youth Centre. The community board has asked for more information before making a decision on the future of this building.

Cr Morgan has spoken to people in Twizel about replicating the memorial wall project and asked Mr Motley if it could happen in Twizel. The Mayor said this was a case of a community group approaching council and also fundraising to meet some of the cost.

Cr Murphy asked about Lake Alexandrina. How are we approaching the overall management plan? Mr Motley said the first step was to approach groups and get to know them. He planned to get the groups together in January.

Councillors discussed the need to manage grants to ensure projects didn’t go over budget and come back to council for more money. And also the need for an accountability statement. Chris Clarke said staff were working on this and it would come to a workshop. The Mayor asked to add this to the action list.

Resolution 2023/162

Moved: Cr Murray Cox

Seconded: Cr Kerry Bellringer

1. That the Community Facilities report be received.

Carried

Resolution 2023/163

Moved: Cr Scott Aronsen

Seconded: Deputy Mayor Karen Morgan

2. That Council approves spending the residual funding of $10,000, originally allocated to the Fairlie Memorial Wall, on seating at the Fairlie Cemetery.

Carried

7.10 Information Report - Civil Defence and Emergency Management Update

Joe Rush joined the table. He spoke about the recent exercise and workshops with the community.

The Mayor attended the regional CDEM meeting yesterday and asked Mr Rush to make her aware of any concerns he had so she could advocate through that committee.

The Mayor asked for an update on the recent situation of a fire in a shop on the main street of Fairlie, and the resulting asbestos contamination. Regulatory manager Tina Donald and General Manager, Information, Engagement and Community Development Chris Clarke joined the table to update the council on this event.

Tina Donald outlined her activity during and after the fire. She had asked for legal advice on the correct approach of Council. When there was an immediate danger, Council could act without permission of the owner, but attempts had been made to contact the owner.

The site was shut down and fenced, and asbestos testing was carried out. This was positive for asbestos. Then the wind picked up, and this increased the risk of the contamination spreading.

Chris Clarke outlined the advice that was sought from asbestos experts and public health. They communicated quickly with neighbouring businesses in person. Then followed health and safety plans and organised the demolition of the building.

Legally council had the ability to recover costs from the owner. The chief executive said the cost of this would be expensive.

Mr Clarke offered asbestos testing to all the businesses and most took advantage of this. The good news was that all the testing done outside the cordon were at levels below what would cause concern.

About 35-40 truckloads of debris was going to a special facility at Redruth. The next step was to find out if the soil needed to be removed. Tests have been done and we are waiting for these to come back. If the soil is contaminated, Council would need to remove it from the site.

The situation needed to be managed quickly and the emergency management team was called in to enable this.

Cr Aronsen asked if the owner of the land could challenge council’s actions in court. No because council has taken legal advice all the way through. The Medical Officer of Health was involved in every decision.

Staff were complimented on their initiative and the speed with which they acted.

The meeting adjourned for morning tea at 10 and reconvened at 10.15

7.8 Information Report - Engineering Manager's Update

The purpose of this report was to update the council on matters relating to engineering activities across the 3 waters services, transportation, and land development.

Engineering manager Ashley McLachlan joined the meeting and updated the councillors on staff matters. Regarding the delay to the Fairlie water treatment plant, this was mainly due to the building consent process.

Regarding the proposal for the Fairlie dump station, staff were working with the community board but this project had been planned for two years with 14 options investigated. Mr McLachlan was concerned about central government funding being pulled due to the delay.

7.12 Information Report - Council Financial Report to 30 September 2023
Murray Dickson and Sandy Hogg joined the meeting. This report was taken as read. Discussion and questions included the following matters: · Building consent level remains low and if it continues will create a permanent deficit. · The cost of cleaning up the asbestos in the building in Fairlie will also create a deficit. · The Forestry Working Group has met and will come back to council with a plan. · The second tranche of funding from the Tourism Infrastructure Fund has arrived. · Council has been borrowing short-term because it was not willing to lock in five year fixed term rates at the top of the market. · Need to be realistic in budgeting for capex in the next LTP. · The timing of money from MBIE was noted. · The Mayor thanked Murray and Sandy for their report.
Resolution 2023/164 Moved: Deputy Mayor Karen Morgan Seconded: Cr Rit Fisher That the financial report be received. Carried
7.2 Decision Report - Future for Local Government
The purpose of this report was to decide how Mackenzie District Council would vote on the proposed resolution at the upcoming Local Government New Zealand (LGNZ) Special General Meeting to endorse “The Future by Local Government – A consensus outcome paper” as LGNZ’s agreed parameters for further engagement and advocacy with central government on local government system reform. The Mayor said this was a late paper because the information was only received on Friday and the next council meeting was the day after the AGM, so it had to be considered urgently. Councillors expressed hesitance about not knowing the policy of the new incoming government. Cr Cox did not think some of the wording in the LGNZ document talked about localism as he saw it. He did not think he was on the same page as the document. The chief executive outlined some of the thinking behind the paper. The Mayor said it was noted in the paper that one size does not fit all. There was concern about the amount of unmandated work coming in from central government. Local government was not sustainable as it was running now. This paper was to find out if there was support from across the country for negotiations. Cr Fisher said it was just a discussion document. It’s not a consensus. He was happy for it to go forward as a discussion document. Cr Morgan agreed but there were some things missing. It did not talk about promoting local government itself and community engagement in the democratic process.

Staff Recommendations

1. That the report be received.

Resolution 2023/165

Moved: Deputy Mayor Karen Morgan

Seconded: Cr Kerry Bellringer

2. That Mackenzie District Council agree to vote in favour of the proposed resolution at the upcoming Local Government special general meeting to endorse The Future by Local Government – A consensus outcome paper as LGNZ’s agreed basis for engagement and advocacy with central government on local government system reform.

Carried

7.9 Information Report - Planning and Compliance Update

Aaron Hakkaart joined the meeting.

Cr Guerin asked about the funding of freedom camping enforcement and infringement notices. Currently it was being funded by MBIE. The previous government had a freedom camping fund and the money came from this, but it would not continue. At the Long Term Plan deliberations there would be discussion around whether council would fund this shortfall.

Cr Murphy asked about ongoing investigations needing legal advice. Mr Hakkaart said council always tried to recover costs.

Are residential building issues across the district. Yes. A check against records was currently underway. This would provide a history of every property and whether it was used for visitor accommodation or not.

7.11 Information Report - Mackenzie Tourism and Destination Marketing Quarterly Update

The Mayor took the report as read. Lydia Stoddart joined the table. She said there was a very pleasing result in visitor spend in the district. The main market was people from Christchurch, and this surged at weekends.

She then continued to highlight the main points of her report.

Comments included the success of sport-related events in the district, such as the Masport Cup. Also how would the district attract high value tourists? Lydia Stoddart said the question was what visitor market stayed in the region longer and spent more. At the moment the north American market that was doing this.

7.7 Information Report - Bancorp Treasury Services Quarterly Portfolio Report

Miles O’Connor from Bancorp joined the meeting on Teams. He updated the councillors on what had happened since the report was written.

Interest rates globally peaked on October 3 and have fallen since then. New Zealand rates have fallen in line with this. He expects interest rates to continue to fall next year.

The Mayor asked about being non-compliant with policy. This was temporary and was to take advantage of lower interest rates. Miles O’Connor said this would work to council’s advantage and would mean council would have a lower interest rate on borrowing, going forward several years.

Mr O’Connor was thanked for his report and wished the best for the Christmas season. He would like to attend the next meeting in person.

Resolution 2023/166

Moved: Cr Scott Aronsen

Seconded: Cr Kerry Bellringer

1. That the report be received.

Carried

8 Confirm Council Minutes

9.1 Minutes of Council Meeting - 31 October 2023

Resolution 2023/167

Moved: Deputy Mayor Karen Morgan

Seconded: Cr Kerry Bellringer

That the Minutes of the Council Meeting held on Tuesday 31 October 2023 be received and confirmed as an accurate record of the meeting, including those matters taken in public excluded.

Carried

Resolution 2023/168

Moved: Mayor Anne Munro

Seconded: Cr Murray Cox

That the minutes from the public excluded council meeting of October 31 be released in public, with any commercially sensitive information redacted.

(See below for these minutes.)

Carried

The Meeting closed at 11.37am.

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 12 December 2023.

...................................................

CHAIRPERSON

11 Public Excluded Minutes of Council, October 31, 2023

11.1 Minutes of Public Excluded Audit and Risk Committee Meeting - 26 September 2023

Resolution 2023/146

Moved: Cr Phillipa Guerin

Seconded: Deputy Mayor Karen Morgan

1. That the Minutes of the Public Excluded Audit and Risk Committee Meeting held on Tuesday 26 September 2023 be received.

Carried

11.2 Decision Report - Public Toilet Cleaning Contract

The purpose of this report was to seek approval to increase the cleaning frequency of the busiest public toilets in the district. Craig Motley joined the table. He said this report had been discussed previously in a workshop.

He believed the suggested increase in cleaning was an appropriate level of service for the district. He asked for questions.

Cr Aronsen asked how long the contract had to run. It finished in June, 2025.

<2 paragraphs redacted due to commercial sensitivity>

Cr Cox said the main issue was how to pay for it ongoing, and who pays for it. The chief executive raised questions about user pays toilets and said this was a discussion to be had. Cr Murphy would like user pay toilets to go out for public consultation.

Cr Murphy questioned the timing of the Fairlie toilet cleanings. Mr Motley said there was some negotiation to do regarding timing.

The Mayor said this cost was solely as a result of tourists coming into the area. “At what point as a council do we say enough is enough.” Cr Guerin suggested going through LGNZ to try and get some funding from central government.

David Adamson said the cost of tourism included parking and other things, as well as toilets.

The chief executive said councillors needed to be aware there would be complaints if the toilets were not clean.

Cr Morgan said central government needed to support small communities to provide the level of service they were marketing to visitors. They needed to step up.

Cr Cox agreed but there was only so much you could do. Tourists go to a town for what’s there and they put up with a lack of infrastructure in small towns.

Cr Murphy said we have to consider the impact on the local ratepayer when they are already paying a contribution towards that service.

David Adamson said reactive maintenance was more expensive than planned maintenance. Responding to complaints was more expensive, especially bringing people from Timaru. He asked for some direction for staff.

Cr Fisher asked if $143,000 is enough to cover the need. He also considered the pride factor. He didn’t want to damage the future reputation of the district. There were counties overseas where local residents had a swipe card for public facilities and didn’t pay for use of public toilets on top of rates. This could be a solution.

Cr Aronsen asked if the off peak season was included in the cleaning schedule. Yes, it was year round. Mr Motley said he received complaints about the state of the toilets every week through winter.

Cr Murphy asked where the money would come from. From cash reserves.

Mr Motley said the $143,000 does not include additional planned toilets that were coming into the district shortly. Does he know what the cost would rise to with the additional toilets at Pukaki? It wouldn’t be a whole lot more as they were only adding two more toilets to the four that were already there.

The councillors requested a report to the next council meeting on the costs of the Pukaki toilets.

Cr Guerin asked if waste facilities would cope with the projected increase in tourism. No. Council had been successful in receiving funding for capital expenditure, but not operational expenditure to maintain tourism facilities.

Cr Guerin asked what would happen if council wrote letters to central government before making a decision. The toilets would be dirty over that time.

Cr Aronsen said we might be able to stretch this out a bit longer while more information is sought.

Cr Morgan said there was only about four weeks to do something before the December rush started. Cr Murphy said November was traditionally busy for tourists. He disagreed that there was time to delay.

The Mayor then called for a vote and the motions passed unanimously with the addition of a resolution that the Mayor write to central government to request funding.

Resolution 2023/147

Moved: Cr Rit Fisher

Seconded: Cr Murray Cox

1. That the public toilet cleaning report be received.

Carried

Resolution 2023/148

Moved: Cr Murray Cox

Seconded: Cr Kerry Bellringer

2. That the Council approve the additional funding of $143,000 per annum for the 2023/2024 financial year to allow for the increased frequency of public toilet cleaning throughout the district, noting that this expenditure is unbudgeted.

3. That council instructs the Mayor to send an urgent letter to central government outlining the concerns of council and requesting funding.

Carried

11.3 Information Report - Property Update

This report updated Council on key property matters for the period 1st August to 30th September 2023.

Murray Dickson and Keri-Ann Andrews joined the table. Cr Morgan thanked staff for this report and was pleased to see it. She said it would help the councillors understand the property portfolio.

Cr Murphy said council was keen to have a full database of property. The chief executive said there were no major surprises coming out of the property review.

Resolution 2023/149

Moved: Deputy Mayor Karen Morgan

Seconded: Cr Scott Aronsen

1. That the report be received.

Carried