AGENDA WAITARA COMMUNITY BOARD. Friday 8 March 2019 at 9am. Waitara Library & Service Centre

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1 Waitara Community Board (8 March 2019) - Agenda 1 AGENDA WAITARA COMMUNITY BOARD Friday 8 March 2019 at 9am Waitara Library & Service Centre Chairperson Mr Andrew Larsen (Chair) Members Mr Joe Rauner (Deputy) Mr Trevor Dodunski Mr Jonathan Marshall Cr Colin Johnston 1

2 Waitara Community Board (8 March 2019) - Agenda 1 Community Boards Role of community boards (s52 Local Government Act 2002) a) represent, and act as an advocate for, the interests of its community; and b) consider and report on matters referred by the council and other matters of interest c) maintain an overview of services provided by the council within the community; and d) prepare an annual submission to the council for expenditure within the community; e) communicate with community organisations and special interest groups within the community; and f) undertake any other responsibilities that are delegated to it by the territorial authority. Addressing the community board Requests for public forum and deputations need to be made at least one day prior to the meeting. The Chairperson has authority to approve or decline public comments and deputations in line with the standing order requirements. Public Forum Public Forums enable members of the public to bring matters to the attention of the committee which are not contained on the meeting agenda. The matters must relate to the meeting s terms of reference. Speakers can speak for up to 5 minutes, with no more than two speakers on behalf of one organisation. Deputations Deputations enable a person, group or organisation to speak to the meeting on matters contained on the agenda. An individual speaker can speak for up to 10 minutes. Where there are multiple speakers for one organisation, a total time limit of 15 minutes, for the entire deputation, applies. Purpose of Local Government The reports contained in this agenda address the requirements of the Local Government Act 2002 in relation to decision making. Unless otherwise stated, the recommended option outlined in each report meets the purpose of local government and: Will help meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses; Would not alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or transfer the ownership or control of a strategic asset to or from the Council. END 2

3 Waitara Community Board (8 March 2019) - Table of Contents 2 HEALTH & SAFETY APOLOGIES CONFLICTS OF INTEREST PUBLIC COMMENT DEPUTATIONS None advised COMMUNITY BOARD MINUTES Recommendation That the minutes of the Waitara Community Board dated 1 February 2019 (ECM ) and the proceedings of the said meetings, as previously circulated, be taken as read and confirmed as a true and correct record. REPORTS ITEMS FOR RECOMMENDATION TO COUNCIL 1 Triennial Elections Order of Candidate Names and General Information 2 Establishment of a Selection Panel to Make Board Appointments Under the New Plymouth District (Waitara Lands) Act 3 Water Safety Plan Implementation Report 2017 / 18 END 3

4 Waitara Community Board (8 March 2019) - Recommendation - Triennial Elections - Order of Candidate Names and General Information 3 TRIENNIAL ELECTIONS ORDER OF CANDIDATE NAMES AND GENERAL INFORMATION MATTER 1. The matter for consideration by the Council is the order of candidate names on voting documents for the 2019 triennial election. RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report the names of candidates for the 2019 triennial election be arranged on the voting documents in alphabetical order of surname. COMPLIANCE Significance This matter is assessed as being of some importance. This report identifies and assesses the following reasonably practicable options for listing candidate names on voting documents: Options 1. Alphabetically by surname 2. Pseudo-randomly Affected persons Recommendation Long-Term Plan / Annual Plan Implications Significant Policy and Plan Inconsistencies 3. Randomly The persons who are affected by or interested in this matter are electors of the New Plymouth District. This report recommends option 1 for addressing the matter. No No EXECUTIVE SUMMARY 3. This report recommends that candidates for the 2019 triennial election be listed in alphabetical order by surname. 4. The Electoral Officer s report on various electoral matters is also attached. 4

5 Waitara Community Board (8 March 2019) - Recommendation - Triennial Elections - Order of Candidate Names and General Information 3 5. The 2019 election is the first time the Council will use the Single Transferable Vote electoral system. Listing candidates in alphabetical order will make it easier for the electors to find and rank their preferred candidate(s). 6. There is no substantive New Zealand evidence to indicate that listing candidates in alphabetical order provides a benefit to those with surnames at the start of the alphabet (or disadvantage to those with surnames at the end of the alphabet). BACKGROUND 7. The Local Electoral Act 2001 (LEA) governs the conduct of Council elections. 8. The 2019 triennial local authority elections will be held on Saturday 12 October 2019 under the Single Transferable Vote electoral system. 9. The Council has the option to determine the order candidate names appear on voting documents. 10. New Plymouth District Council has historically chosen to list candidates in alphabetical order by surname. Other options are: Pseudo-random order (each voting document is identical, but candidates are not listed in alphabetical order); and Random order (each voting document is different). 11. The Council s Electoral Officer is seeking the Council s confirmation of the order candidate names will appear on voting documents. If the Council makes no resolution on the matter, candidate names are listed in alphabetical order. Election outcome not determined by candidate order 12. There are a number of variables in how electors exercise their vote(s). These include the number of candidates, the profile/degree of name recognition and or dual candidacies. There is no definitive New Zealand evidence that candidate order determines candidate success. Electoral Officer s report 13. The Electoral Officer has also provided an update on preliminary matters relating to the election (Appendix 1). 5

6 Waitara Community Board (8 March 2019) - Recommendation - Triennial Elections - Order of Candidate Names and General Information 3 SIGNIFICANCE AND ENGAGEMENT 14. In accordance with the Council's Significance and Engagement Policy, this matter has been assessed as being of some importance because it is an administrative matter with no impact on levels of service or costs to the community and the Council. OPTIONS There are three options available. Candidates may be listed: 1. Alphabetically by surname; 2. Pseudo-randomly; or 3. Randomly. The three options have been assessed together. a) Financial and Resourcing Implications There is little difference between the printing costs of electoral documents in alphabetical order or random order for the 2019 election. b) Promotion or Achievement of Community Outcomes Candidate order on voting document is an administrative matter. There is no impact on the community outcomes. c) Statutory Responsibilities The LEA sets out the principles for the conduct of local elections and polls 1. These include all qualified persons have a reasonable and equal opportunity to cast an informed vote. The Council therefore has a statutory obligation to ensure it makes the voting process as accessible as possible to the electors. The Local Electoral Regulations (2001) set out the Council s options for arranging candidate names on voting documents 2. The Council s Electoral Officer will implement the Council s decision on candidate order and will issue the necessary public notification, as soon as possible after the close of nominations on 16 August. If the Council does not choose an option candidates names are arranged in alphabetical order of surname. 1 s4 LEA (2001) 2 s31 LER (2001) 6

7 Waitara Community Board (8 March 2019) - Recommendation - Triennial Elections - Order of Candidate Names and General Information 3 d) Risk Analysis Ensuring the voting process is as accessible as possible to electors will maximise voter turnout and enable diversity. 3 The voting papers for New Plymouth District Council elections will also contain candidates for the Taranaki Regional Council (New Plymouth and North Taranaki constituencies) and Taranaki District Health Board (at large) elections. The regional council and district health board candidates have historically been listed in alphabetical order. This is expected to be the case for the 2019 election. Having candidates for all elections listed alphabetically will minimise the risk of voter confusion. e) Consistency with Policies and Plans There are no Council policies or plans relating to this matter. f) Participation by Māori Council officers have not consulted with Māori in relation to preferred candidate order. There is no data to suggest that candidate order influences participation by Māori in Council elections. g) Community Views and Preferences New Plymouth District Council has historically chosen to list candidates in alphabetical order by surname. Council officers are unaware of any public interest in changing the order of candidates on voting documents. h) Advantages and Disadvantages Electors will find it easier to find candidates on the voting paper when they are arranged in alphabetical order. APPENDIX Voter turn-off may occur when electors have to search for their preferred candidate(s) from a large list. A random or pseudo-random order is likely to amplify this effect. This is particularly the case for the ranking of candidates, with the change to the Single Transferable Vote electoral system particularly in the City Ward election. In 2013 and 2016 there were 35 and 25 City Ward candidates respectively. Candidates are listed in alphabetical order in the Candidate Profile Booklet. There may be an element of confusion if the profile booklet and the voting document are arranged differently. Appendix 1 Electoral Officer s Report (2019) (ECM ) 3 s3 LEA (2001) 7

8 Waitara Community Board (8 March 2019) - Recommendation - Triennial Elections - Order of Candidate Names and General Information 3 Recommended Option This report recommends option 1 alphabetical order for addressing the matter. Report Details Prepared By: Julie Straka (Governance Lead) Team: Governance Approved By: Liam Hodgetts (Group Manager Strategy) Ward/Community: District Wide Date: 8 February 2019 File Reference: ECM End of Report

9 Waitara Community Board (8 March 2019) - Recommendation - Triennial Elections - Order of Candidate Names and General Information 3.1 Election Services Level 2, 198 Federal Street, Auckland PO Box 5135, Wellesley Street Auckland 1141 Phone: info@electionservices.co.nz Report to the New Plymouth District Council regarding the 2019 Triennial Election From the Electoral Officer 8 February

10 Waitara Community Board (8 March 2019) - Recommendation - Triennial Elections - Order of Candidate Names and General Information 3.1 Table of Contents Outline... 2 Background... 2 Narrative... 2 Recommendation... 6 APPENDIX ONE:... 7 APPENDIX TWO:... 8 APPENDIX THREE: Page 1 10

11 Waitara Community Board (8 March 2019) - Recommendation - Triennial Elections - Order of Candidate Names and General Information 3.1 Outline The 2019 triennial local government elections will occur on Saturday 12 October An update on preliminary matters relating to the election is provided to Council, including consideration of the order of candidate names to appear on the voting documents. Background The 2019 triennial elections for most local authorities are due to occur on Saturday 12 October 2019 and are required to be undertaken according to the Local Electoral Act 2001, the Local Electoral Regulations 2001, the New Zealand Public Health & Disability Act 2000 and, to a limited extent, the Local Government Act Certain pre-election information and tasks are outlined in this report for Council s information and attention. The Local Electoral Regulations 2001 provides for Council to resolve the order of candidate names to appear on the voting documents (alphabetical, pseudo-random or random order). If no decision is made, the order of names defaults to alphabetical. Narrative 2019 Elections Elections will be required for the following positions: Mayor (elected at large ) Councillors (14) New Plymouth City Ward (10) North Ward (2) South-West Ward (2) Community Board Members (16) Clifton Community (4) Waitara Community (4) Inglewood Community (4) Kaitake Community (4) Taranaki Regional Council Members (either 5 members from the New Plymouth Constituency or 2 members from the North Taranaki Constituency) Taranaki District Health Board Members (7 members elected at large ) 2019 Election Timetable With an election date of Saturday 12 October 2019, the following key functions and dates will apply: Nominations open/roll open Friday 19 July 2019 Nominations close/roll closes (noon) Friday 16 August 2019 Page 2 11

12 Waitara Community Board (8 March 2019) - Recommendation - Triennial Elections - Order of Candidate Names and General Information 3.1 Delivery of voting mailers From Friday 20 September 2019 Close of voting Noon Saturday 12 October 2019 A more detailed timetable is attached Appendix Election Fact Sheet A 2019 Election Fact Sheet summarising the key functions of the election (Appendix 2) is also attached. Electoral System Council resolved on 5 September 2017 to adopt the single transferable voting (STV) electoral system for the 2019 and 2022 triennial elections. Compilation of nonresident Ratepayer Roll The compilation of the 2019 non-resident Ratepayer Roll is required to commence in early-mid This will include: an insert detailing the qualifications and procedures for enrolment as a ratepayer elector to be included with a 2019 rates instalment notice (Appendix 3); a national Ratepayer Roll inquiry hotline operating between 15 April and 30 August 2019; a confirmation letter issued to all current ratepayer electors in April 2019; a national advertising campaign on the qualifications and procedures for enrolment as a ratepayer elector during May Council can undertake additional promotion of the ratepayer roll if it wishes - such as contacting (letter/ etc) all current or potential ratepayer electors encouraging their enrolment and participation in the electoral process. Local Government Regulatory Systems Amendment Bill One of the clauses of the Local Government Regulatory Systems Amendment Bill, if enacted, would be that the duty to facilitate and foster representative and substantial elector participation is placed on the chief executive of a local authority. This new requirement would basically necessitate Council to promote the election process and particularly to encourage greater public participation. Order of Candidate Names Regulation 31 of the Local Electoral Regulations 2001 provides the opportunity for Council to choose the order of candidate names appearing on the voting documents from three options alphabetical, pseudo-random (names drawn out of a hat in random with all voting documents printed in this order) or Page 3 12

13 Waitara Community Board (8 March 2019) - Recommendation - Triennial Elections - Order of Candidate Names and General Information 3.1 random order (names randomly drawn by computer with each voting document different). Council may determine which order the names of candidates are to appear on the voting documents, but if no decision is made, the order of names defaults to alphabetical. Council has resolved to adopt the alphabetical order for previous triennial elections. For Council s information, following a recent analysis undertaken by Auckland Council, research showed there was no compelling evidence that candidates being listed first were more likely to be elected. Alphabetical Order Alphabetical order is simply listing candidate surnames alphabetically and is the order traditionally used in local and Parliamentary elections. Comments regarding alphabetical order are: voters are easily able to find names of candidates for whom they wish to vote. Some candidates and voters over the years have argued that alphabetical order may tend to favour candidates with names in the first part of the alphabet, but in practice this is generally not the case most voters tend to look for name recognition, regardless of where in the alphabet the surname lies; the order of candidate names on the voting document matches the order listed in the candidate directory (candidate profile statements). Pseudo-Random Order Pseudo-random order is where candidate surnames are randomly selected, and the same order is used on all voting documents for that position. The names are randomly selected by a method such as drawing names out of a hat. Comments regarding pseudo-random order are: the candidate names appear in mixed order (not alphabetical) on the voting document; possible voter criticism/confusion as specific candidate names are not easily found, particularly where there are many candidates; the order of candidate names on the voting document does not match the order in the candidate directory (candidate profile statements). Random Order Random order is where all candidate surnames are randomly selected and are listed in a different order on every voting document. The names are randomly selected by computer so Page 4 13

14 Waitara Community Board (8 March 2019) - Recommendation - Triennial Elections - Order of Candidate Names and General Information 3.1 that the order is different. Random order enables names to be listed in a completely unique order on each voting document. Comments regarding random order are: the candidate names appear in mixed order (not alphabetical) on the voting document; possible voter criticism/confusion as specific candidate names are not easily found, particularly where there are many candidates; the order of candidate names on the voting document does not match the order listed in the candidate directory (candidate profile statements). There is no longer any price differential in printing costs between the three orders of candidate names. Number of Electors The number of electors for the 2019 triennial elections is expected to be 59,000 (as at 31 January 2019 this was 58,646). This compares to 56,065 electors for the 2016 triennial election or +5.23% growth. Pre-Election Report Section 99A of the Local Government Act 2002 requires each local authority to prepare a pre-election report, whose purpose is to provide information to promote public discussion about the issues facing the local authority. The pre-election report is prepared by the Chief Executive, must contain financial and major project information, and must be completed by 2 August 2019 (two weeks before the close of nominations). Online Voting Trials Following a strong push by a number of local authorities (led by Auckland Council) in 2018 to trial online voting alongside postal voting for the 2019 local elections, the proposed trial was unfortunately halted due to costs. All security and delivery requirements for the online voting provider were met, but the cost involved forced the decision. Work on a collaborative approach with relevant government sectors is continuing so as to deliver online voting for the 2022 local elections. Page 5 14

15 Waitara Community Board (8 March 2019) - Recommendation - Triennial Elections - Order of Candidate Names and General Information 3.1 Recommendation It is recommended that: Council resolves for the 2019 triennial election, to adopt either: (i) the alphabetical order of candidate names; or (ii) the pseudo-random order of candidate names; or (iii) the random order of candidate names as permitted under regulation 31 of the Local Electoral Regulations Author: Dale Ofsoske Electoral Officer // New Plymouth District Council Election Services Page 6 15

16 Waitara Community Board (8 March 2019) - Recommendation - Triennial Elections - Order of Candidate Names and General Information 3.1 APPENDIX 1 Page 7 16

17 Waitara Community Board (8 March 2019) - Recommendation - Triennial Elections - Order of Candidate Names and General Information 3.1 APPENDIX 2 Page 8 17

18 Waitara Community Board (8 March 2019) - Recommendation - Triennial Elections - Order of Candidate Names and General Information 3.1 Page 9 18

19 Waitara Community Board (8 March 2019) - Recommendation - Triennial Elections - Order of Candidate Names and General Information 3.1 APPENDIX 3 Page 10 19

20 Waitara Community Board (8 March 2019) - Recommendation - Establishment of Selection Panel (Waitara Lands) Act 2018 to Make Board Appoi... ESTABLISHMENT OF A SELECTION PANEL TO MAKE BOARD APPOINTMENTS UNDER THE NEW PLYMOUTH DISTRICT (WAITARA LANDS) ACT 4 MATTER 1. The matter for consideration by the Council is to determine a process to appoint members to the Board, established by the New Plymouth District Council (Waitara Lands) Act RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report the Council: a) Establish a permanent Selection Panel to determine appointees to the Board under the New Plymouth District Council (Waitara Lands) Act b) Appoints the Mayor, both North Ward councillors, the Chair of the Waitara Community Board and the Chief Executive as the Selection Panel c) Delegates authority to the Selection Panel to: i) Seek nominations for appointment from the community ii) iii) iv) Invite Te Kōwhatu Tū Moana to nominate up to two representatives as observers on the Selection Panel Determine and appoint the Council s representatives to the Board, including an alternate member(s) Determine and appoint replacement members, including alternate members, where a vacancy occurs, and v) Provide feedback to Te Kōwhatu Tū Moana on their proposed appointees, with feedback to be provided in a manner requested by Te Kōwhatu Tū Moana. This clause includes feedback on replacement appointees following creation of a vacancy. d) Directs the Selection Panel to not appoint current New Plymouth District Council Elected Members (including community board members) or staff to the Board e) Notes that the Board is not a committee of the Council or a council organisation. 20

21 Waitara Community Board (8 March 2019) - Recommendation - Establishment of Selection Panel (Waitara Lands) Act 2018 to Make Board Appoi... 4 COMPLIANCE Significance This matter is assessed as being of some importance This report identifies and assesses the following reasonably practicable options for addressing the matter: Options 1. Adopt the selection panel approach as the method for appointing to the Board 2. Adopt an alternative method of appointment Affected persons Recommendation Long-Term Plan / Annual Plan Implications Significant Policy and Plan Inconsistencies The persons who are affected by or interested in this matter are the new Board, Te Kōwhatu Tū Moana, and the Waitara community. This report recommends option 1 for addressing the matter. No No EXECUTIVE SUMMARY 2. The New Plymouth District Council (Waitara Lands) Act 2018 (the Waitara Lands Act) establishes a Board to distribute funding from the Waitara Perpetual Community Fund. 3. This report recommends the Council establish and appoint members of a permanent selection panel to make Board appointments, following a nomination process. 4. The proposed approach generally follows existing Council processes for similar types of appointments, with some appropriate modifications. BACKGROUND 5. The Waitara Lands Act, among other things, establishes a co-governance Board ( the Board ) that administers the Waitara Perpetual Community Fund. The Board is not a committee of the Council or a council organisation. The Board has responsibilities to: 21

22 Waitara Community Board (8 March 2019) - Recommendation - Establishment of Selection Panel (Waitara Lands) Act 2018 to Make Board Appoi... a) Make recommendations to the Council on: 4 i) The Council s investment policy for the Waitara Perpetual Community Fund. ii) The policy for determining the annual releases from the Waitara Perpetual Community Fund. b) Undertake a three-yearly review of the issues of importance to the Waitara community (focusing on the social, cultural, environmental and economic well-being) to help determine the use of the Annual Release. c) Distribute some or all of the Annual Release from the Waitara Perpetual Community Fund; and d) Determine the name of the Board. Appointing Board Members 6. The Board consists of six members. The Act determines the number of members. The Council appoints three members, and Te Kōwhatu Tū Moana appoint three members. Te Kōwhatu Tū Moana is the incorporated charitable trust board defined in the Act to represent Manukorihi hapū s interests (and Otaraua hapū s interests if they decide to opt-in). 7. The Council and Te Kōwhatu Tū Moana may appoint one or more alternate members. An alternate member may attend meetings in the absence of a member or when a vacancy exists. 8. Before appointing a member, the Council and Te Kōwhatu Tū Moana must: i) Consult each other. ii) Take into account the need for the Board members to collectively possess the skills, knowledge, and experience, and the understanding of the Waitara community, that are relevant to the purpose and functions of the Board. 9. The Act requires the Council to make its initial appointments by 17 June Restrictions on Appointees 10. The Act sets out disqualifying grounds for appointees (such as being an undischarged bankrupt). Where the grounds apply to a current appointee, a vacancy is created. 11. The maximum term of office for each Board member is three years. A Board member can be appointed for a further term(s). 22

23 Waitara Community Board (8 March 2019) - Recommendation - Establishment of Selection Panel (Waitara Lands) Act 2018 to Make Board Appoi... Guidance on Appointment Processes As previously noted, the Board is not a committee of the Council or a council organisation. In proposing a methodology for appointment of Council members to the Board, staff have referred to the following policy and practices. Existing process Appointment and Remuneration of Directors of Council Organisations Policy (P03-006). Actions and Practices A list of potential appointees are created by publicly advertising and/or directly approaching people and/or asking relevant community groups for nominees. A selection panel consisting of the Mayor, Chief Executive and other councillors, staff or outside consultants as required is established. Staff and councillors are not be appointed as directors to avoid conflicts of interest between roles. Appointments to External Bodies (e.g. Taranaki Regional Council Standing Committees) Taranaki Regional Council invite the Council to nominate an appointee. Councillors invited to express interest in being appointed to a committee. The Mayor is delegated authority to determine the Council s nominee(s). Proposed Methodology for Determining Council Appointees to the Board 13. This report recommends that the Council adopt the following process for making its appointments to the Board: i) A Selection Panel be established consisting of the Mayor, both North Ward councillors, the Chair of the Waitara Community Board and the Chief Executive. ii) iii) The Selection Panel invites Te Kōwhatu Tū Moana to nominate up to two representatives as observers on the Selection Panel (meeting the Council s obligations to consult Te Kōwhatu Tū Moana) The Council publicly calls for nominations. 23

24 Waitara Community Board (8 March 2019) - Recommendation - Establishment of Selection Panel (Waitara Lands) Act 2018 to Make Board Appoi... iv) The Selection Panel determine the manner and extent of public advertisement on a case-by-case basis. 4 v) The Selection Panel be delegated authority to consider all nominations and appoint members and alternate members to the Board. 14. This report also recommends that the Selection Panel be delegated authority to make appointments to the Board should a vacancy in the Council s membership on the Board occur. 15. To assist the pre-appointment consultation requirement it is recommended that: i) The Selection Panel be delegated authority to provide feedback on the proposed Te Kōwhatu Tū Moana appointees. ii) Te Kōwhatu Tū Moana determine and advise the Selection Panel how they would like to receive the Council s feedback on proposed Te Kōwhatu Tū Moana appointees. Current elected members and staff ineligible for appointment 16. This report recommends that current Elected Members, including community board members, and staff are ineligible for appointment to the Board. This is to remove potential for conflicts of interest between the Board and the Council. 17. The recommendation to prohibit current elected members and staff from being appointed is based on the following opportunities for a conflict of interest: i) Determination of policies recommended by the Board (refer paragraph 5(a) of this report). ii) iii) Funding applications by the Council or the Waitara Community Board to the Board. Third party applications seeking funding from both the Council (particularly the Community Funding Investment Scheme) and the Board. SIGNIFICANCE AND ENGAGEMENT 18. In accordance with the Council's Significance and Engagement Policy, this matter has been assessed as being of some importance because it does not impact on levels of service, has no financial implications and is consistent with an existing related policy. 24

25 Waitara Community Board (8 March 2019) - Recommendation - Establishment of Selection Panel (Waitara Lands) Act 2018 to Make Board Appoi... OPTIONS 4 Option 1 Adopt the selection panel approach as the method for appointing to the Board a) Financial and Resourcing Implications This approach has minimal resourcing implications. The Waitara Lands Act provides that Board members are remunerated for their time, unless they are an elected member or staff of the Council. Not appointing elected members or staff may increase costs for operating the Board. All costs of the Board, including remuneration and expenses are paid out of the Fund, unless the Council agrees otherwise. b) Risk Analysis This approach has been designed to minimise risk of conflict of interest, and to provide a process for members of the public to be involved. There is risk that an appointee is not suited to being a Board member, however there is a three year term, and the Council may remove any member it has appointed. The preappointment consultation obligations between Te Kōwhatu Tū Moana and the Council should minimise this risk. c) Promotion or Achievement of Community Outcomes Providing for community input promotes Putting People First. The Board s statutory parameters enable it to promote all three community outcomes over time. d) Statutory Responsibilities The Waitara Lands Act sets out the relevant responsibilities. This process has been designed to align with those responsibilities. e) Consistency with Policies and Plans The Council s policy Appointment and Remuneration of Directors of Council Organisations (P03-006) has informed the proposed methodology for appointments to the Board. f) Participation by Māori Council officers have consulted Te Kōwhatu Tū Moana on this process. They have indicated support for the proposed process. The Waitara Lands Act requires the Council to consult Te Kōwhatu Tū Moana before making appointments. The process has been designed to enable this to occur in an effective and efficient partnership process. 25

26 Waitara Community Board (8 March 2019) - Recommendation - Establishment of Selection Panel (Waitara Lands) Act 2018 to Make Board Appoi... g) Community Views and Preferences Community consultation before submitting the then Waitara Lands Bill to Parliament included submissions that the members should be Waitara residents while other submitters suggested members should be leaseholders. The Selection Panel can consider these views when determining appointments. 4 h) Advantages and Disadvantages This option enables a relatively quick approach to appointing Board members. This approach enables appropriate community members to be appointed to the Board, and prevents conflicts of interest occurring between the Council and the Board as it prohibits the appointment of elected members. Option 2 Adopt an alternative method of appointment There are a number of other appointment methods available, including: Directly appointing certain elected members (from both councillors or community board members) to the Board, after consulting Te Kōwhatu Tū Moana Directly appointing known community members to the Board, after consulting Te Kōwhatu Tū Moana Alternative methods must be consistent with the Council s legal obligations. For instance, holding an election for Board members would mean the Council is not fulfilling its legal obligations to consider certain matters and to consult Te Kōwhatu Tū Moana before making appointments. This would place the decision at risk of legal challenge (and may, in turn, raise questions about decisions by the Board). a) Financial and Resourcing Implications There may be some savings in not seeking public expressions of interest. Appointing elected members may result in some cost savings through reduced remuneration. b) Risk Analysis Appointing elected members may result in perceived or actual conflicts of interest for those members between the Board and the Council. There may be some adverse community reaction to not calling for public expressions of interest. c) Promotion or Achievement of Community Outcomes This option does not directly promote or achieve community outcomes. The Board s statutory parameters enable it to promote all three community outcomes over time. d) Statutory Responsibilities The Waitara Lands Act sets out relevant responsibilities. Any alternative process would need to meet these requirements. 26

27 Waitara Community Board (8 March 2019) - Recommendation - Establishment of Selection Panel (Waitara Lands) Act 2018 to Make Board Appoi... e) Consistency with Policies and Plans As the Council s policy Appointment and Remuneration of Directors of Council Organisations (P03-006) does not strictly apply, any alternative process would be consistent with existing policies and plans. 4 f) Participation by Māori Any alternate process must include consulting Te Kōwhatu Tū Moana. g) Community Views and Preferences Community consultation before submitting the then Waitara Lands Bill to Parliament included submissions that the members should be Waitara residents while other submitters suggested members should be leaseholders. h) Advantages and Disadvantages This option may create quicker appointment methodologies. However, in doing so it may exclude some potential appointees who would have the relevant skills and experience to being a Board member. Recommended Option This report recommends option 1 Adopt the selection panel approach as the method for appointing to the Board for addressing the matter. Report Details Prepared By: Greg Stephens (Senior Policy Adviser) Team: Policy Development Approved By: Julie Straka (Governance Lead) Ward/Community: Waitara Date: 8 February 2019 File Reference: ECM End of Report

28 WATER SAFETY PLAN IMPLEMENTATION REPORT 2017 / 18 PURPOSE 5 1. This report summarises compliance and implementation with the approved Water Safety Plans for New Plymouth, Inglewood, Oakura and Okato for the 2017/18 compliance year. RECOMMENDATION That, having considered all matters raised in the report, the report be noted. SIGNIFICANCE AND ENGAGEMENT 2. This report is provided for information purposes only, and has been assessed as being of some importance. DISCUSSION 3. Every Drinking Water Supplier is required, under Section 69Z of the Health Act, to prepare a Water Safety Plan (WSP) for each of its water supplies. The WSP is a document which explains the risks associated with each particular water supply and how these risks are to be managed and to identify mechanisms to reduce and eliminate public health risks arising from the drinking water supply. The WSP is required to include cost estimates and timeline for undertaking improvements identified. Each year the Ministry of Health via its Drinking Water Assessors assess the Council s compliance with and implementation of its Water Safety Plans. Summary 4. All four water supplies operated by NPDC complied with the Drinking Water Standards for 2017/ There were a number of changes and recommendations by Ministry of Health which affect drinking water safety and how compliance is demonstrated. NPDC has planned to address these. 6. Resourcing, particularly with respect to maintenance and record keeping is insufficient, but plans are in place to address this deficiency (these are currently being implemented in the 2018/19 year). 7. There were three events which could have led to non compliance during the 12 month period. The Council s response to these events was considered adequate by the Drinking Water Assessor and audits confirmed compliance was achieved. 28

29 8. Three hundred and two customer service requests relating to water clarity, taste, odour, or flow & pressure were received. 9. NPDC holds twelve resource consents relating to water supply. A number of these require renewal in the next three years and a renewal strategy is being developed Forty capital and operational improvements are identified in the WSP. Thirty were due to be completed by the end of this period. Fifteen are recorded as complete and all outstanding improvements are in progress or are being considered for implementation. Compliance with Drinking Water Standards NZ 11. The Drinking Water Standards New Zealand (Drinking Water Standards) set treatment standards for bacteriological, protozoa, chemical and radiological contaminants. These are the standards against which the Drinking Water Assessor assesses the Council s compliance. Leniencies may be granted by the Drinking Water Assessor for issues which are of a minor nature that they consider do not pose an immediate risk to public health. The Drinking Water Assessor will specify a timeframe for the leniency to be addressed. 12. During 2017/18 all four of the Council s water supplies were audited and assessed as compliant under the requirements of the Drinking Water Standards with three leniencies. 13. Leniencies were granted for a lack of a some sampling instruments at Okato; the number of UV transmittance samples less than the minimum UVT was exceeded on more occasions than permitted at Okato and leniency was granted in relation to distribution zone sampling in Oakura where the maximum interval between samples was exceeded by one day on one occasion. 14. A project is underway to upgrade the Okato WTP which will address all leniencies at Okato. Non Compliance Incidents, Audits, Assessments and Exercises 15. Three potential non-compliance events occurred during the period: In October 2017 water treatment at the New Plymouth Treatment Plant was compromised by a PLC failure. The automated response did not include shutting down the main inlet valve and water continued to flow through the treatment plant but the PLC was unable to control treatment process. The response by staff demonstrated that there was no risk to health as a result of inadequately treated water. In February 2018 ex-cyclone Gita resulted in damage to a critical water main in the New Plymouth Supply, which led to 10,000 customers losing 29

30 water supply for up to 3 days. A precautionary boil water notice was issued; this was lifted after three days of testing. In June 2018 during maintenance at Inglewood WTP water in the reservoirs received a high dose of lime. While the resulting high ph was not an issue in itself the high ph compromised disinfection. It was possible to flush the majority of the inadequately disinfected water from the trunk mains before it reached customers however the flushing caused a discoloured water incident No internal audits were undertaken in 2017/ DWSNZ compliance auditing was completed at the end of each compliance quarter. The quarterly meetings generated actions to be addressed. The following actions were outstanding at 30 June 2018: New Plymouth source water characterisation This is underway, results to be assessed. Chlorine contact time assessment Approved by DWA with comment. Oakura bore security Each bore is now individually registered and separate water age testing started. Oakura bore security Bore head security has been independently reviewed and a draft report received. Bore heads are considered secure however a number of recommendations have been made which require action. Okato leniencies DWA confirmed leniency until June 2019 by formal correspondence. An upgrade project is now underway. 18. No other matters of significance were raised in quarterly compliance reviews during 2017/18 which have not been actioned. 19. No emergency response exercises were undertaken. However it is considered that the responses to actual events in October 2017 and February 2018 were sufficient to make learnings and identify improvements to the Incident Response Plans. Customer Feedback 20. Three hundred and two customer service requests were received. Sixty six related to water clarity, taste or odour. The remaining two hundred and thirty six related to supply continuity or pressure and flow issues. For comparison sixty nine complaints were received in the 2017/18 year relating to water clarity, taste and odour. The number of complaints relating to continuity or pressure and flow were not reported on in the 2016/17 reporting year. 30

31 Changes Affecting the Drinking Water Industry 21. During the 2017/18 year the following changes were made affecting drinking water standards: 5 The Ministry of Health launched a new, web based database Drinking WaterOnline (DWO) for all Drinking Water Standard compliance results and compliance reporting to replace the previously used Water Information New Zealand (WINZ) database. It was necessary to migrate all data from WINZ to another repository to ensure that NPDC meets records retention requirements. This created many challenges in managing data and populating Drinking Water Online which have since been addressed. Chapter 9 of the Guidelines to the Drinking Water Standards referring to cyanobacterial compliance was updated. No changes were required as the Council s Water Safety Plans adequately address this risk. 22. During the summer period testing showed high levels of cyanobacteria in water recycled from the New Plymouth WTP s backwash ponds. This resulted in this recycled water being temporary suspended and a need to draw more water from Lake Mangamahoe. 23. An outcome of the Havelock North enquiry is a requirement that all water safety plans include critical control points. Council staff have reviewed the Water Safety Plans and included critical control points as required, if not already included. 24. Amendments to the Health Act have been proposed which include amendments to remove the specified timeframes for consultation on changes to the DWS. 25. Since Havelock North it is known a review of DWS is being undertaken and that a number of changes are expected. The proposed legislation changes will allow changes to the DWS to be required within a shorter timeframe. Adequacy of Resources 26. The Council retains the operation of the water treatment plants in house. This is currently fully staffed with seven technicians lead by a Coordinator. A competency assessment programme has been developed and assessment standards are currently being written. Technician competency is assessed by the Drinking Water Assessor from time to time. In 2017/18 the Drinking Water Assessor assessed and approved the sampling competency of technicians. 27. A review following the Havelock North Enquiry showed that improvements could be made in how the Council captures and keeps equipment maintenance records, including operation and maintenance manuals and drawings. In 2017/18 a new asset management system was implemented however data was 31

32 migrated from the previous system as is. Many of these maintenance records were incomplete. Since then additional resources have been engaged to undertake an asset discovery project. This aims to complete the asset inventory. Following this, operation and maintenance manuals will be updated The Council uses four main suppliers for chemicals used in the treatment of drinking water. Most of these chemicals are supplied under a joint contract with Ixom Operations Pty Ltd and South Taranaki and Stratford District Councils. This contract expired in 2017 and is being renegotiated. Delays have been caused by the new owners of Ixom including new clauses in the contract. In the meantime chemicals continue to be supplied under roll over provisions of the 2017 contract. 29. Network maintenance services (i.e. maintaining the water pipes in the reticulation) are provided by City Care Ltd. Electrical maintenance services are provided by JLE Ltd. The performance of both contractors has been adequate providing network and electrical maintenance requirements. Resource Consents 30. NPDC currently holds twelve resource consents relating to the water supplies including to take water, to maintain structures in streams and to discharge water resulting from the water treatment processes. The four consents to take water expire during the period These four consents need to be renewed in order for the water supplies to be maintained. A consenting strategy is being developed and NPDC are working with TrustPower in relation to a joint approach to re-consenting the water take from the Waiwhakaiho River for the New Plymouth water supply. 31. The TRC noted screening of the intakes on the NPWTP are inadequate as they do not prevent fish getting into them. Options to upgrade screens to prevent the entrapment of fish are being investigated and are budgeted for in the Long Term Plan. Capital/Operational Improvements 32. There are forty capital and operation improvements recorded in the WSPs. Of these thirty were due to be completed by 30 June Fifteen of these were completed by 30 June 2018 with the remaining fifteen being either underway or investigated further. One has been cancelled and will be removed from future versions of the Water Safety Plans, being the development of a bore for Okato. This was abandoned as a result of water quality issues in the exploratory groundwater bores. Further options for alternative water sources including storage is under consideration for all water supplies through the Water Masterplan. 32

33 FINANCIAL AND RESOURCING IMPLICATIONS 33. Estimated costs for undertaking improvements are included in the Annual Plan and Long Term Plan Resourcing to deliver the WSP improvements has been identified as an issue and is to be further considered. Since the 2017/18 year budget additional resources has been approved. 35. Further outcomes as a result of the Havelock North Inquiry may have further financial and resourcing impacts that are not yet identified. These will be raised through Annual Plan and or LTP processes IMPLICATIONS ASSESSMENT This report confirms that the matter concerned has no particular implications and has been dealt with in accordance with the Local Government Act Specifically: Council staff have delegated authority for any decisions made; Council staff have identified and assessed all reasonably practicable options for addressing the matter and considered the views and preferences of any interested or affected persons (including Māori), in proportion to the significance of the matter; Any decisions made will help meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses; Unless stated above, any decisions made can be addressed through current funding under the Long-Term Plan and Annual Plan; Any decisions made are consistent with the Council's plans and policies; and No decisions have been made that would alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or would transfer the ownership or control of a strategic asset to or from the Council. APPENDICES ECM# WSP Implementation Annual Report 2017/18 Report Details Prepared By: Graeme Pool (Technical Director Operations) Team: 3 Waters Approved By: David Langford (Infrastructure Manager) Ward/Community: District Wide Date: 23 August 2018 File Reference: ECM End of Report

34 5.1 When replying please quote: ECM Date: 31 July 2018 To: Mark Hall, CC: David Langford, Graham Morris, Graeme Pool, Rachelle Quin, Suzanne Vennik, Henry Claasen, Kimberley Hope SUBJECT: New Plymouth District Drinking Water Supply Safety Plan Annual Performance Review Please find attached the New Plymouth District Drinking Water Supply Safety Plan Annual Performance Review for the period. Please don t hesitate to contact me if you have any questions. Kind regards Graeme Pool Record in ECM July 2018 Page 1 of 27 34