Whangarei District Council Agenda
Transcrição
Whangarei District Council Agenda
Whangarei District Council Notice of Meeting A meeting of the Whangarei District Council will be held in the Council Chamber, Forum North, Whangarei on: Wednesday 27 August 2014 10.00 am Committee Her Worship the Mayor (Chairperson) Cr S J Bell Cr S J Bretherton Cr C B Christie Cr P A Cutforth Cr S J Deeming Cr S M Glen Cr P R Halse Cr C M Hermon Cr G C Innes Cr G M Martin Cr B L McLachlan Cr S L Morgan Cr J D T Williamson OPEN MEETING APOLOGIES CONFLICTS OF INTEREST Members are reminded to indicate any items in which they might have a conflict of interest. INDEX Item No Page No 1. Public Forum .............................................................................................................................1 2. Minutes of the Whangarei District Council Meeting held 24 July 2014 .....................................2 3. Minutes of the Extra ordinary Whangarei District Council Meeting held 17 July 2014 .............6 4. Minutes of the Extra ordinary Whangarei District Council Meeting held 30 July 2014 .............8 5. Police Report ...........................................................................................................................10 6. 2014 Residents Satisfaction Survey .......................................................................................13 7. Elections – Electoral System ..................................................................................................15 8. Elected Member Remuneration, Expenses and Allowances ..................................................17 9. The First Haikou Sister City Mayors Summit ..........................................................................30 10. Saorsa Retirement Village ......................................................................................................34 11. Smoke free 2025 .....................................................................................................................40 12. Notice of Motion ......................................................................................................................46 Local Government Act 2002 Amendment Act 2012 Full consideration has been given to the provisions of the Local Government Act 2002 Amendment Act 2012 in relation to decision making and in particular 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. Consideration has also been given to social, economic and cultural interests and the need to maintain and enhance the quality of the environment in taking a sustainable development approach. Recommendations contained in the Council agenda may not be the final decision of Council Please refer to Council minutes for final resolution 1 1. Public Forum Reporting officer Carolyne Brindle (Senior Meeting Co-ordinator) Meeting Date 18 August 2014 Public Forum Appendix F in Standing Orders allows for a period of up to 15 minutes to be set aside for a public forum at the commencement of each monthly council meeting. The time allowed for each speaker is 5 minutes. Members of the public who wish to participate should send a written application setting out the subject matter and the names of the speakers to the Chief Executive Officer at least 10 working days before the day of the meeting. Speakers The following persons/organisations have indicated their intention to speak at today’s meeting: Time Speaker Subject 10.00 – 10.05am Terry Jones of Ride Cycle Ride cycle is the Social Enterprise Umbrella that is seeking to expand all areas of cycling interest within Whangarei to include a joint venture partnership with North Tec delivering NZQA Bike mechanic courses to those not already in Education, Training or Employment, using bikes recovered via waste minimisation activities from landfill and salvage. We also work with business to set up cycle to work schemes and deliver cycle proficiency training. We have held talks with Whare Bike Whangarei to work in partnership. Whangarei District Council 27 August 2014 2 2. Minutes: Whangarei District Council Thursday, 24 July 2014 Minutes of a meeting of the Whangarei District Council held in the Council Chamber Forum North on Thursday 24 July 2014 at 10.00am Present: Her Worship the Mayor (Chairperson) Crs S J Bell, S J Bretherton, C B Christie, S J Deeming, S M Glen, P R Halse, G C Innes, C M Hermon, G M Martin, B L McLachlan, S L Morgan and J D T Williamson Apology: Cr P A Cutforth Moved: Cr Christie Seconded: Cr Bretherton “That the apology be sustained.” CARRIED Also present: Senior Sargeant Cliff Metcalfe (New Zealand Police) Brian May (Public Forum) Mike Lister (Area Commander) – New Zealand Fire Service In Attendance: Chief Executive (M P Simpson), Group Manager Positive Growth (J Thompson), Group Manager District Living (P Dell), Governance Manager (D Kula), Financial Controller (R Kerr), Community Services Manager (O Thomas), Property Manager (M Hibbert), Maori Relationship Manager (S Tipene), Property Asset Co ordinator (C Varley) and Senior Meeting Co-ordinator (C Brindle) Her Worship the Mayor, acknowledging Maori Language Week, opened the meeting in Maori. Her Worship also acknowledged Council’s ‘Friendly City’ partner Haikou City (Hainan Province) affected by the recent storm event. 1. Public Forum Brian May – To update elected Councillors on my present progress 2. Confirmation of Minutes of a Meeting of the Whangarei District Council held on 25 June 2014 Moved: Cr Glen Seconded: Cr McLachlan “That the minutes of the meeting of the Whangarei District Council Meeting held on Wednesday 25 June 2014, including the confidential section, having been circulated, be taken as read and now confirmed and adopted as a true and correct record of proceedings of that meeting.” CARRIED Whangarei District Council 27 August 2014 3 3. Police Report Senior Sargeant C Metcalfe acknowledged the report and answered questions from Councillors. Moved: Her Worship the Mayor Seconded: Cr Martin “That the information be received.” CARRIED 4. Presentation Mike Lister spoken to the council outlining the services provided and provided an overview of the organisation’s vision for communities. Moved: Cr Halse Seconded: Cr Glen “That the presentation be received.” CARRIED 5. Northland Regional Landfill Limited Partnership Moved: Cr Glen Seconded: Cr Morgan “That Council appoints Councillor S J Deeming and Councillor B L McLachlan to be members of the Advisory Committee to the Northland Regional Landfill Limited Partnership.” CARRIED Cr Martin withdrew from discussions and voting on this item. 6. Appointment of Independent Advisor to Audit and Risk Committee Moved: Cr Morgan Seconded: Cr Deeming “1. That the report be received. 2. That Council acknowledges the appointment of Mr Philip Jones as the independent advisor to the Audit and Risk Committee. 3. That the amended Terms of Reference for the Audit and Risk Committee be adopted.” CARRIED 7. Strategic Relationship Agreement Moved: Her Worship the Mayor Seconded: Cr Innes “That the information be received. CARRIED Whangarei District Council 27 August 2014 4 8. Notice of motion Moved: Cr Bell Seconded: Cr Bretherton “1. That Council invites the public to put forward ideas and/or proposals for consideration for the future use of the former Harbour Board / NRC building at the Town Basin. 2. That council set a time of three months to receive these ideas. 3. That WDC provide the basic information on the building held within the WDC. Including but not limited to its Zoning, Heritage status, Required Seismic strengthening to persons with genuine enquiries. 4. All ideas/proposals for the future use of the former Harbour Board/NRC building to be considered by the 20/20 Inner City Revitalisation Committee and a recommendation of the preferred options put to the November 2014 meeting of the full Council. 5. The CEO appoints a staff member to manage the project under the guidance of the 20/20 Committee.” Amendment Moved: Cr Innes Seconded: Cr Hermon “1. That Council invites the public to put forward proposals for the future use of the former Harbour Board / NRC building at the Town Basin. Note: Proposals to include: Project management and governance structure Project preliminary business case Expectations of Council’s involvement and capital and ongoing costs. 2. That Council set a time of two months to receive these proposals. 3. That WDC provide the basic information on the building held within the WDC. Including but not limited to its Zoning, Heritage status, Required Seismic strengthening to person with genuine enquiries. 4. That all proposals for the future use of the former Harbour Board/NRC building be considered by the 20/20 Inner City Revitalisation Committee and that the proposals received are agendas for Council Workshops. That a recommendation of the preferred options be put to the October 2014 meeting of the full Council 5. That the CEO appoints a staff member to manage the project.” On the amendment being put Cr Martin called for a division: For the amendment: Crs Morgan, Williamson, Bretherton, McLachlan, Hermon, Christie, Innes and Her Worship the Mayor (8) Against the amendment: Crs Bell, Deeming, Martin, Glen and Halse (5) Absent: Cr Cutforth The amendment was CARRIED and subsequently CARRIED as the substantive MOTION Crs Bell, Deeming and Martin requested their votes against the motion be recorded. Whangarei District Council 27 August 2014 5 Exclusion of public Moved: Her Worship the Mayor Seconded: Cr McLachlan “That the public be excluded from the following parts of proceedings of this meeting. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: General subject of each matter to be considered Reason for passing this resolution in relation to each matter Ground(s) under Section 48(1) for passing this resolution C.1 Confidential Minutes Whangarei District Council Meeting 25 June 2014 Section 48(1)(a) C.2 Property Matter Good reason to withhold information exists under Section 7 Local Government Official Information and Meetings Act 1987 This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public, are as follows: Item Grounds Section C.1 For the reasons stated in the minutes C.2 To enable the council to carry on without prejudice or disadvantage negotiations Section 7(2)(i).” CARRIED The meeting closed at 11.51am th Confirmed this 27 day of August 2014 S L Mai (Chairperson) Whangarei District Council 27 August 2014 6 3. Minutes: Extra-ordinary Whangarei District Council Thursday 17 July 2014 Minutes of an Extra-ordinary Whangarei District Council meeting held in the Council Chamber, Forum North on Thursday 17 July 2014 at 1.00pm Present: Her Worship the Mayor S L Mai Crs S J Bretherton, C B Christie, S J Deeming, S M Glen, C M Hermon, P R Halse, G C Innes, G M Martin, B L McLachlan, S L Morgan and J D T Williamson Apologies: Crs S J Bell and P A Cutforth Moved: Cr Glen Seconded: Cr martin “That the apologies be sustained.” CARRIED In Attendance: Group Manager Positive Growth (J Thompson), Group Manager Infrastructure and Services (S Weston), Governance Manager (D Kula), Property Manager (M Hibbert), Resource Consents Manager (A Hartstone) and Senior Meeting Co ordinator (C Brindle) Urgent business Moved: Her Worship the Mayor Seconded: Cr Innes “1. That in accordance with NZSO 3.7.5 council consider Item 1 – Mayoral Relief Fund at this meeting. 2. That the reason this item be considered at this meeting is to enable a mechanism for receiving and distributing funding to be established without further undue delay.” CARRIED 1. Mayoral Relief Fund Subsequent to the agenda item being circulated discussions with the Region Recovery Manager Northland CDEM proposed an alternative mechanism for the management of funds. The intent being that the District Recovery Manager administer and distribute the Fund. Moved: Her Worship the Mayor Seconded: Cr Morgan “1. That Council re-establish a Mayoral Relief Fund as a reserve to assist Whangarei District residents who have suffered hardship as a result of damage caused by the July 2014 storm event and match the Central Government contribution to that fund ($10,000 less tax if any). 2. That the Recover Manager be delegated to administer and distribute the Fund.” CARRIED Whangarei District Council 27 August 2014 7 Resolution to exclude the public Moved: Her Worship the Mayor Seconded: Cr Deeming “That the public be excluded from the whole of the proceedings of this meeting during discussion of this agenda. This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act or Section 6 or Section 7 of the Official Information Act 1982 as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public as follows: General subject of each matter to be considered Reason for passing this resolution in relation to each matter Ground(s) under Section 48(1) for passing this resolution C.1 Good reason to withhold information exists under Section 7 of the Local Government Official Information Act Section 7(2)(i) Property Matter This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public is as follows: Item Grounds C.1 To enable the Council to carry on without prejudice or disadvantage negotiations.” CARRIED The meeting closed at 1.42pm th Confirmed this 27 day of August 2014 S L Mai (Chairperson) Whangarei District Council 27 August 2014 8 4. Minutes: Extra-ordinary Whangarei District Council Wednesday 30 July 2014 Minutes of an Extra-ordinary Whangarei District Council meeting held in the Council Chamber, Forum North on Wednesday 30 July 2014 at 9.00am Present: Her Worship the Mayor S L Mai Crs S J Bell, S J Bretherton, C B Christie, S J Deeming (1.03pm), C M Hermon (9.20am), P R Halse, G C Innes, G M Martin, B L McLachlan (10.02am), S L Morgan and J D T Williamson Apologies: Crs P A Cutforth and S M Glen (absent) Cr S J Deeming (late arrival) Moved: Cr Martin Seconded: Cr Innes “That the apologies be sustained.” CARRIED In Attendance: Chief Executive Officer (M P Simpson), Group Manager District Living (P Dell), Financial Accountant (K Welford), Bylaws Co ordinator (M Henehan), Environmental Northland (Contractor) (K Thompson), and Senior Meeting Co ordinator (C Brindle) 1. Public Places Bylaw 2005 Review including the Revocation of the Roller Skate and Skateboard Control Bylaw 2005. Signs Control Bylaw 2005 Review Moved: Cr Williamson Seconded: Cr Halse “1. That any submissions identified as being received after the close of the submission period be accepted for consideration by Council. 3. That the submissions for the review of the Public Places Bylaw 2005 and the revocation of the Signs Control Bylaw 2005 be received and heard.” CARRIED The submitters who were heard are listed as follows: Clare Bolesworth – Public Places Bylaw Davinia Mannion – Public Places Bylaw Debra Williams – Public Places Bylaw Cheryl Kitchen – Public Places Bylaw Brigette Legendre- Skatescool (Northern Skaters) – Public Places Bylaw Margaret Hicks – Public Places Bylaw Katrina Powell – Public Places Bylaw Robyn Hembry – Friends of Ruakaka Beach- Public Places Bylaw Kaye Jordan – Kamo Community Inc – Signs Control Bylaw and Public Places Bylaw David Lourie – Bream Bay Coastal Care Trust - Public Places Bylaw Linda Clement – One Tree Point Pony Club – Public Places Bylaw Kelly Ann Cosgrave – Public Places Bylaw Tori Murray-Elley – Public Places Bylaw Vikki Subritzky – Public Places Bylaw Karen Houlihan – Whangarei Racing Club – Public Places Bylaw Donna Logan- Public Places Bylaw Whangarei District Council 27 August 2014 9 Viviene Dostine – NZ Horse Network – Public Places Bylaw Chris Orr – Blind Foundation - Signs Control Bylaw and Public Places Bylaw Gordon Pulham – Parahaki Pony club - Public Places Bylaw Amanda Broughton – North Western Riding Association – Public Places Bylaw Shanti Aplin – Public Places Bylaw Gaia Aplin – Public Places Bylaw Anna Gentry Public Places Bylaw Sandra Johnson- Public Places Bylaw. Cr McLachlan joined the meeting at 10.02am during the submission from Margaret Hicks. Cr Deeming joined the meeting at 1.03pm during the submission from Sandra Johnson. The meeting closed at 1.08pm th Confirmed this 27 day of August 2014 S L Mai (Chairperson) Whangarei District Council 27 August 2014 10 5. Police Report Reporting officer C Brindle (Senior Meeting Coordinator) Date of meeting 27 August 2014 Vision, mission and values This item is in accord with Council’s vision, mission and values statement. The attached report has been received from Inspector Justin Rogers Area Commander for Whangarei/Kaipara. Recommendation That the information be received. Attachment Police Report Whangarei District Council 1 27 August 2014 11 Whangarei / Kaipara Area COUNCIL REPORT Submitted 15 August 2014 Investigations On 22 July 2014 Police located some methamphetamine worth more than $100,000 during a search warrant at an address north of Whangärei. The search was carried out early in the morning by the Whangärei Tactical Crime Unit with support from the Armed Offenders Squad at a Hikurangi address. At the address Police located 154 grams of methamphetamine, a methamphetamine laboratory, a .22 calibre pistol, $21,000 cash and some property believed to have been stolen. Two 30-year-old men were arrested and charged with possession of methamphetamine for supply, unlawful possession of a firearm and unlawful possession of ammunition. Police have arrested a 17-year-old male after the discovery of 50 bottles of alcohol in the boot of a stolen car. About 4.40am on Tuesday 15 July 2014 a resident in Simons Street, Kensington woke to hear someone shutting the door of her car. She got up and saw a man driving off with her car. The woman called police and, along with her partner, jumped in another car and followed the stolen car. She lost sight of the car on Mill Road. Police were patrolling the area at the time and put in cordons to stop the stolen car. They eventually came across the car, which had been dumped in McKinnon Crescent. A police dog handler was called in to track the offender who was soon found at an Otangarei address. When police searched the stolen car they found a chilly bin with 50 bottles of Woodstock and two 24-packs of RTDs, a fuel tank and other stolen property. After further inquiries, police found that the alcohol had been stolen from a Kamo address sometime after 4pm on Sunday 13 July 2014. The other items were linked to a burglary at an Islington Street address and a vehicle had been interfered with at another Islington Street address. We exist to prevent crime and road trauma by working together to ensure our communities 'Are Safe' and 'Feel Safe’ 12 A 25-year-old man has been charged with aggravated robbery in relation to the robbery of the New Zealand Postshop in Whangarei on Thursday 24 July 2014. The man entered the shop on Rathbone Street about 5.30pm on Thursday. He allegedly presented a note demanding money and gestured towards his pants and said he had a firearm. The teller handed over some cash and the man ran off. The man allegedly carried out another aggravated robbery of a Subway restaurant in Hamilton. Following inquiries Police carried out a search warrant and located the man at an address in Hamilton. Police attended a burglary incident on Monday 11 August 2014 at an address in Maunu, a vehicle was seen decamping from the property and a licence plate number was recorded. Area enquiries were completed but the vehicle could not be located. Several hours later while attending another unrelated incident the vehicle was located. A search was conducted on the vehicle, stolen property was located and enquiries were made with the driver. Information obtained from the driver lead to four further searches of addresses suspected to have contained stolen property. Admissions were made via interview and two offenders were charged with burglary. Another offender was identified and has yet to be located. Inspector Justin Rogers Area Commander Whangarei / Kaipara We exist to prevent crime and road trauma by working together to ensure our communities 'Are Safe' and 'Feel Safe’ 13 6. 2014 Residents Satisfaction Survey Reporting officer Alan Adcock (Group Manager Support Services) Date of meeting 27 August 2014 Vision, mission and values This item is in accord with Council’s vision, mission and values statement. Background Each year Council surveys a representative sample of residents asking them to rate its service delivery. The results are broken down by ward and demographics to make it easy to see trends across the District, and inform Council’s decision making into the future. The results are used to measure levels of service across Council and are incorporated into key indicators in the Annual Report that will be released later this year. 2014 Residents Satisfaction Survey Versus Research undertake Council’s annual Resident Satisfaction Survey which identifies the perceptions that residents of Whangarei District have on a wide range of measures, including services and facilities provided by Council. The Resident Satisfaction Survey asks residents about: Satisfaction with Council services and facilities including: roading and transport, waste management, libraries, venues, and public toilets Usage of and satisfaction with Council’s recreational facilities Council’s involvement in social and community issues Feeling of safety within the District Satisfaction with Council’s overall performance. A full set of tables by sample demographics is provided in the 2014 Whangarei District Council Residents Satisfaction Survey which has been included as Attachment 2. Comparison between the results for 2012, 2013, and 2014 is also included. A summary of highlights of the report, and areas for improvement, can be found in the 2014 Residents Survey Results Media Release which was sent to media on 4 August 2014 and is included as Attachment 1. Recommendation That the information be received. Attachment 1 2014 Residents Survey Results Media Release (Trim 14/61326) Attachment 2 - Under separate cover (contact Senior Meeting Coordinator) 2014 Whangarei District Council Residents Satisfaction Survey (Trim 14/61724) Whangarei District Council 1 27 August 2014 14 Media release 4 August 2014 Council service performance on track Councils’ annual residents’ survey, carried out by Versus Research shows Council’s performance is on track with overall customer satisfaction with Council services at 94%. Each year Council surveys a representative sample of residents asking them to rate its services. The results are broken down by ward and demographics to make it easy to see trends across the District, and inform Council’s decision making into the future. The results are used to measure levels of service across Council and are incorporated into key indicators in the Annual Report that will be released later this year. Mark Simpson, CEO said the overall service performance has remained steady across the organisation, with some good gains made. “It is great to see improvements in performance around issues relating to the youth sector up from 46% to 62%. A big thank you has to be extended to our Youth Advisory Group and the work they do to help inform Council decisions”. “Gains have also been made around Community Funding (up from 54% to 64%) which is another vital part of Council’s work but one that often goes unrecognised. “We know some of the things people love about out District are our recreational facilities, and satisfaction with these remains high - sports parks (95% satisfaction) and trails and tracks (94%) and beaches and coastal facilities (96%). “We have seen a dip in satisfaction with our kerbside recycling (88%) and rubbish collection (88%), as well as a fairly big drop in litter control (down from 76% to 65%) and will be working closely with our contractors to rectify the issues raised,” he said. “Satisfaction remains high for services like, playgrounds (98%), library (99%), cemeteries (97%) and water services (96%).” “As anticipated improvements such as Porowini Ave, Speddings Road/Kamo bypass and the Lower Hatea River Crossing, as well as NZTA projects on SH1 have seen satisfaction with the management of traffic flow peaks improving from 65% to 69%,” he said. Mayor Sheryl Mai sees the residents’ survey as a valuable way of listening to the community. “It’s great to get their feedback, and to find out where Council is succeeding and where we can sharpen up our act,” Mayor Mai said. “I’m grateful to all those who participated.” “These results, combined with our financial position to be confirmed in our Annual Report in October, show Council is performing well,” Mayor Mai said. About Versus Research Versus Research (Versus) is a Hamilton-based research agency that provides clients with strategic direction through robust, customer driven solutions. At Versus, research is not just about gathering information; it is about providing insight through useful, valid and actionable recommendations for clients to use in their decision making processes. We are a full service research agency with experience from the initial idea, through to design through to presentation. Specific services include: Quantitative services: Computer Assisted Telephone Interviewing (CATI), Online surveys, Polling services and Face-to-Face interviewing. 15 7. Elections - Electoral System Reporting officer Kathryn Candy (Legal Counsel) Date of meeting 27 August 2014 Vision, mission and values This item is in accord with Council’s vision, mission and values statement Elections 2016 – Choice of Electoral System The Local Electoral Act 2001 provides that Council may, not later than 12 September 2014, resolve to change the electoral system to be used for the 2016 local body elections. Currently Council uses first past the post (FPP), the other option for Council is the single transferable vote (STV) system. Council may also decide to hold a poll where electors can decide which electoral system Council is to use. Council must make that decision to hold a poll by 28 February 2015 for the result to take effect for the 2016 election. In addition, 5% of electors can demand a poll on this matter but the demand must be made to the Chief Executive Officer by 28 February 2015 for the poll to be completed in time for the 2016 election. The result of any poll (either Council or elector initiated) will be binding for the next two elections (2016, 2019) and all subsequent elections until either a further resolution of Council or a further poll is held. The Local Electoral Act also requires Council to notify the public, by way of public notice, by 19 September 2014 of the right of electors to demand a poll on the electoral system to be used for the 2016 election. If Council passes a resolution to change the electoral system from FPP to STV the public will be given notice of that resolution and advised that a poll is required to countermand that resolution. A poll on the electoral system was last held in 2002 when 65.27% voted for FPP and 34.73% voted for STV. The outcome was binding for the triennial elections held in 2004 and 2007. FPP: FPP is a simple system where electors cast their vote by ticking in the box next to their preferred candidate. When the votes are counted the candidate with the most votes is elected. This also applies if there is more than one vacancy. For example, if there are vacancies for three councillors you can vote for up to three candidates. When the votes are counted the three candidates with the highest number of votes are elected. More information on FPP can be found at http://www.dia.govt.nz/diawebsite.nsf/wpg_URL/Resourcematerial-STV-Information-More-about-FPP?OpenDocument STV: STV is a more complex system where electors rank candidates (i.e. 1,2,3,4 etc) to show their preferences. The process is the same whether there are one or many vacancies. The District Health Boards use STV for their elections. Each position is allocated a quota which is the number of votes a candidate must reach to be elected. If a candidate reaches that quota they are elected and they keep only that proportion of the votes required to reach the quota. The surplus part of the vote is transferred to the elector’s second preference. If this results in another candidate getting more votes than the quota, a proportion is transferred to the third preference, and so on. If no candidate reaches the quota set, then the candidate with the least votes gets eliminated and all the electors who preferred that candidate will have their votes transferred to their next preference. This process is repeated until enough candidates reach the quota to fill the vacancies. More information on the STV system can be found at www.stv.govt.nz. Whangarei District Council 1 27 August 2014 16 Recommendation 1. That pursuant to section 27 of the Local Electoral Act 2001 Council resolves for the 2016 Whangarei District Council triennial election to either: (a) retain the First Past the Post electoral system; or (b) change to the Single Transferable Voting electoral system; or (c) undertake a poll of electors on the electoral system to be used for the 2016 and 2019 elections. 2. That public notice is given by 19 September 2014 of the decision and of the right of electors to demand a poll on the electoral system to be used. 17 8. Elected Member Remuneration, Expenses and Allowances Reporting officer Dominic Kula (Governance Manager) Date of meeting 27 August 2014 Vision, mission and values This item is in accord with Council’s vision, mission and values statement. Elected Member Remuneration, Expenses and Allowances In 2013 the Remuneration Authority (the Authority) changed the processes for setting Elected Member remuneration, expenses and allowances. Proposed changes were outlined in a paper titled „Local Authority Elected Member Remuneration Setting 2013‟ which was provided to Council at meetings in July and September 2013. Under the Authority‟s new system, a relationship between the size of a council (measured using a “size index”) and mayor, deputy mayor, chairperson, and base councillor salaries is determined every three years in election year. In the intervening years, size indices are recalculated by the Authority and mayor, deputy, chairperson, and base councillor salaries are determined using the same relationships, but with adjustment for general wage growth. The Authority then publishes salaries via a determination in the New Zealand Gazette. Notification of the Local Government Elected Members (2014/15) (Certain Local Authorities) Determination 2014 was received from the Authority on 30 July 2014. Under the determination salaries are adjusted as follows: Office 13/14 Annual salary ($) Mayor 14/15 Annual salary ($) 126,780 130,780 Deputy Mayor 54,500 55,750 Standing Committee Chairperson (3) 54,500 55,750 Councillor 43,600 44,600 The changes came into force 01 July 2014 and salaries have now been backdated to reflect this. The Policy for allowances and reimbursement of expenses to Elected Members (Attachment 1) is subject to a full review of Council in the last year of each term with Council then sending a draft policy to the Authority for approval. In intervening years the Policy must be in accordance with values, limits and conditions set in any determination of the Authority. The Policy therefore provides for staff to make amendments as a result of any determination of the Authority. While there were no changes made to the levels and conditions of allowances under the current determination the allowance amounts are now for a full year rather than being pro-rated as they were in 13/14, given the elections. The Policy has therefore been updated to reflect this. Outside of a determination of the Authority, or a full review of the Policy in the last year of the term, Council may wish to consider changes relating to the process, administration or limits of allowances and expenses. While the Authority has advised that it will consider changes via a recommendation of the Mayor the establishment of the Audit and Risk Committee provides a logical, and transparent, mechanism for providing recommendations to the Authority. As this is outside of the current terms of reference of the Committee it would require a delegation from Council. Whangarei District Council 1 Error! Reference source not found. 18 Recommendation 1. That this information be received. 2. That full review of the Policy for allowances and reimbursement of expenses to Elected Members be undertaken by Council in the last year of each term with the Audit and Risk Committee being delegated to administer the Policy in intervening years. Attachment Policy for allowances and reimbursement of expenses to Elected Members (Trim 13/69138) Private Bag 9023 | 19 Whangarei 0148 | New Zealand T: 09 430 4200 | 0800 WDC INFO | 0800 932 463 | F: 09 438 7632 W: www.wdc.govt.nz | E: [email protected] Whangarei District Council POLICY ON ELECTED MEMBERS ALLOWANCES AND RECOVERY OF EXPENSES Updated August 2014 13/69138 1 Private Bag 9023 | 20 Whangarei 0148 | New Zealand T: 09 430 4200 | 0800 WDC INFO | 0800 932 463 | F: 09 438 7632 W: www.wdc.govt.nz | E: [email protected] 1. INTRODUCTION This policy sets out rules on the claiming of expenses by elected members and the resources that will be available to them during their term of office. Contact person for queries: Email: Phone: 2. Judi Crocombe [email protected] 09 470 3029 TERM AND REVIEW OF POLICY This policy was adopted by Whangarei District Council at its meeting of 25 September 2013. Limits set in the policy and processes for approval are largely as recommended by the Remuneration Authority at the time of drafting. These limits were included in a Determination of the Authority which came into effect at the commencement of the new Council, 12 October 2013, and remain in place for the term of the next Council (i.e. until October 2016). Limits are subject to periodic amendment as a result of any subsequent Determination of the Authority. As Council is required to comply with any Determination of the Authority amendments to the policy resulting from a Determination will not be bought to Council for a decision. To ensure visibility of any changes these amendments will however be captured in the following table. Prepared/reviewed/updated by Date Name Designation Status/Update 02/09/2013 Dominic Kula Governance Manager Draft policy for Group Manager consideration. 12/09/2013 Alan Adcock GM Support Services Policy completed for consideration by Council 25/09/2013 Council Council Adopted Policy 25/10/2013 Dominic Kula Governance Manager Claim forms amended to include a prorated mileage threshold of 3548km as required by the Remuneration Authority declaration 11/11/2013 Dominic Kula Governance Manager Typo in introductory paragraph amended. Communications allowances amended to include a prorated amount as required by the Remuneration Authority declaration. Claim forms updated and renamed to provide clarity. 23/01/2014 Dominic Kula Governance Manager Mobile phone usage and internet/landline allowances amended to reflect Remuneration Authority declaration. 30/07/2014 Dominic Kula Governance Manager Expense forms cost centre codes updated to reflect changes made for the new financial year. 08/08/2014 Dominic Kula Governance Manager Expenses and allowances updated to reflect 2014/15 determination of the Remuneration Authority. Amounts changed from pro-rated to full financial year quantum. As a result of the discussion above this policy has a three year term from October 2013 - October 2016. The policy will be updated by staff to comply with any Determination of the Remuneration Authority during this term with a full review of the policy will be undertaken and reported to Council at the end of this term. 3. DOCUMENTATION OF RELATED POLICIES In addition to this document, the following documents set out the policies, rules and procedures relating to the expenses and allowances payable to elected members, or are relevant supporting documents: Travel Policy (12/29009) Approved April 2012 Fleet Management Policy Manual (10/21359) Approved September 2012 Sensitive Expenditure Policy (13/32037) Approved June 2013 13/69138 2 Private Bag 9023 | 21 Whangarei 0148 | New Zealand T: 09 430 4200 | 0800 WDC INFO | 0800 932 463 | F: 09 438 7632 W: www.wdc.govt.nz | E: [email protected] 4. CONDITIONS FOR EXPENSE REIMBURSEMENTS AND ALLOWANCES From time to time elected members incur expenses on the Council’s behalf which need to be reimbursed. This reimbursement and the use of council supplied resources apply only to elected members personally, and only while they are acting in their official capacity as elected members. Costs for expenses must have a justifiable business purpose, be moderate and conservative having regard to the circumstances, and be appropriate in all respects. Transparency is achieved through the monthly publication on the Council’s website of all expenses for elected members over the past month. The process for reimbursement of claims includes the following principles: being in accordance with Council’s Travel Policy any expenses to be reimbursed must be on an actual and reasonable basis and in line with Council policy expense claims must be provided and full original receipts and GST invoices are required cost reimbursements will be made via the payroll system. In the case of one-off expenditure such as travel to conferences, the process and prior approvals required are detailed in this policy. In the case of vehicle mileage, travel time and communications, all limits set in this document are as recommended by the Remuneration Authority and will be included in a Determination of the Authority. Council has no ability to change these limits. All expenditure that falls under this policy will be approved on the condition that it can be met within relevant budget provisions. 5. DEFINITIONS “Actual” means as evidenced by the original receipt attached to the claim form. “Reasonable” means that it is within the amount specified by this policy or as deemed reasonable by the Mayor/Regional Chairperson and/or Chief Executive. “Council business” includes: formal council, committee meetings, workshops, seminars, statutory hearings, training courses, site visits, meetings with staff, meetings with community groups, meetings with members of the public. It does not include events where the primary focus is on social activity. “Remuneration Authority” is an independent body established by the Remuneration Authority Act 1977, with responsibilities under the Local Government Act 2002 to determine remuneration and expense/allowance rules for local authority members. 6. ALLOWANCES AND EXPENSES BY GROUP OF MEMBERS Position Expense/ Allowance Description/process Approval All elected members Taxis Taxis may be used for Council business, instead of private vehicles or public transport, for safety/security reasons, and when travelling outside Whangarei if a taxi is the most appropriate form of transport. Governance Manager Taxis may not be used if significant travel distances mean that use of a taxi is not the most cost effective option. Rental cars booked by either the PA to His Worship the Mayor (for the Mayor) or Councillor Support (for councillors) should be considered as an option in such circumstances. Taxi charge vouchers should be used for planned travel within New Zealand. Costs paid for directly by the individual for unanticipated travel within in 13/69138 3 Private Bag 9023 | 22 Whangarei 0148 | New Zealand T: 09 430 4200 | 0800 WDC INFO | 0800 932 463 | F: 09 438 7632 W: www.wdc.govt.nz | E: [email protected] Position Expense/ Allowance Description/process Approval New Zealand or for international travel will be reimbursed on presentation of actual receipts. Rental Cars Rental cars may be utilised when attending meetings or conferences in other centres, where this is the most cost-effective travel option. Governance Manager Travel and attendance at conferences/ seminars /training programmes All elected members are entitled to payment of actual and reasonable registration, travel, accommodation, meal and related incidental expenses (including travel insurance) incurred in attendance at these events, held both within New Zealand and overseas, subject to: Council, Mayor, Deputy or CEO depending on position and circumstances (refer below for detail) a) being in accordance with Council’s Travel Policy, and b) related expenditure being accommodated within existing budgets, and c) the appropriate approvals as outlined in this policy and excluding reimbursement for purchases from hotel mini-bars and charges for in-room video or cable movies. All travel and accommodation arrangements for elected members are to be made with the Council’s preferred travel agents, at the most economic cost available (when possible) at the time of booking, unless all travel costs are being met privately or by an outside party. In the case of councillors a request can be made by providing the completed form in Appendix A to Councillor Support. In the case of the Mayor this can be provided to the PA to Her Worship the Mayor. 13/69138 Exceptional circumstances for Council related meetings Councillor Support or the PA to His Worship the Mayor may arrange overnight accommodation in accordance to Council’s Travel Policy when travel or business requirements do not allow for the return on the same day, e.g. if it is unreasonable for an elected member to travel to their home after a late meeting. CEO Domestic air travel All elected members are entitled to utilise domestic air travel for Council related travel, generally where travel by air is the most cost effective travel option. Travel must be in accordance with Council’s Travel Policy using the form attached as Appendix A. CEO International air travel As a general policy all elected member international air travel is by way of economy class, where all or part of the costs of the fares are to be met by Council. Travel must be in accordance with Council’s Travel Policy using the form attached as Appendix A. The approval of the Council is required for exceptions, e.g. where Premium Economy (or any equivalent seating class) is desirable for health or other compelling reasons. Council Air points No airpoints accumulated while on Council business can be utilised for personal use. N/A Private accommodation provided by friends/ relatives Payment of $50 per night when staying in private accommodation, to cover accommodation, breakfast and dinner. It is intended that at least a portion of this allowance is paid to the accommodation provider. Governance Manager 4 Private Bag 9023 | 23 Whangarei 0148 | New Zealand T: 09 430 4200 | 0800 WDC INFO | 0800 932 463 | F: 09 438 7632 W: www.wdc.govt.nz | E: [email protected] Position Expense/ Allowance Description/process Approval Car parking Car parks at Forum North are provided for elected members for use for Council business only N/A Stationery and consumables Councillor Support will supply reasonable amounts of ‘standard’ paper and printer consumables for Council business. N/A Communication equipment* Option of either: Governance Manager Provision of a mobile phone, PC or laptop, iPad or Tablet and printer. Full technical support is provided for Council business, or Where demonstrated that these assets are held by the elected member and that the use of personal assets would better meet their needs, provision of an annual allowance for any or all equipment provided by the elected member, as follows*: $150 for a PC $150 for an iPad or tablet $40 for a printer $60 for a telephone (mobile or handset). The provision of hardware will be co-ordinated by Councillor Support Staff and allowances can be sought by lodging the claim form attached as Appendix B. Mayor Car If sought the Mayor will be provided with a vehicle that will also be available for his/her private use in accordance with any declaration to the Remuneration Authority. A deduction will be made from his/her salary as determined by the Remuneration Authority. The Mayor will then not be able to claim for vehicle mileage. N/A Travel and conferences, courses and seminars The prior approval of the Chief Executive is required for travel within New Zealand for: Council or CEO depending on the circumstances a) Council business b) attendance at conferences/courses/training events/ seminars c) other purposes associated with the position of Mayor. The prior approval of the Council is required for all international travel, where costs or partial costs are paid for by Council funds. Where the Mayor or the Mayor’s authorised representative is accompanied by his/her partner on international travel, the Council will meet the cost of their travel, accommodation and incidental costs. The Council will authorise such expenditure only where the partner’s involvement directly contributes to a clear business purpose. Telephone costs Full payment by the council of: 13/69138 home telephone line rental, and cellphone based rental and all associated call Governance Manager 5 Private Bag 9023 | 24 Whangarei 0148 | New Zealand T: 09 430 4200 | 0800 WDC INFO | 0800 932 463 | F: 09 438 7632 W: www.wdc.govt.nz | E: [email protected] Position Expense/ Allowance Description/process Approval charges. Reimbursement can be sought by lodging the claim form attached as Appendix B. Entertainment and hospitality The Mayor may hold a purchasing card to pay directly for any entertainment or hospitality expenses incurred while carrying out council business. Full receipts and details of the names of parties entertained and reasons for the entertainment are to be provided. CEO All expenditure on this card is approved by the Chief Executive. Particular regard must be given to Council’s Sensitive Expenditure policy so that the risks associated with transactions of this nature are managed effectively. Councillors Conferences, courses, seminars and training The conference, course, seminar or training event must contribute to the councillor’s ability to carry out Council business. Attendance at these events when held in New Zealand must be approved by both the Mayor (or the Deputy Mayor) and the Chief Executive. Council, Mayor, Deputy and/or CEO depending the circumstances Attendance at these events when held overseas must be approved by the Council. Entertainment and hospitality Reimbursement of costs incurred while hosting official visitors to the Council, or while travelling on Council business. These costs can cover a range of items including, but not limited to, tea/coffee, and catering including alcohol with meals. Reimbursement can be sought by lodging the claim form (attached as Appendix B) with relevant documentation. Governance Manager General community related expenses From time to time councillors may have unforseen costs arise for items relating to community events, e.g. payment of koha, or purchasing a wreath for attendance at a commemorative event. Reimbursement of such expenditure should be previously approved by the Chief Executive. The items should be appropriate to the occasion and expenditure should be moderate and conservative. Reimbursement can be sought by lodging the claim form attached as Appendix B. CEO Vehicle mileage Vehicle mileage will be paid for all travel on Council business that exceeds, in any one day, the relevant threshold distance. Governance Manager The threshold distance will be personal to each elected member. It will depend on the distance of a round commuting trip from the elected member’s home to their nearest council office: a) members living more than 15 kilometres away from their nearest office may claim the allowance for round trip distances travelled more than 30 kilometres in any one day b) members living less than 15 kilometres away from their nearest office may claim mileage for round 13/69138 6 Private Bag 9023 | 25 Whangarei 0148 | New Zealand T: 09 430 4200 | 0800 WDC INFO | 0800 932 463 | F: 09 438 7632 W: www.wdc.govt.nz | E: [email protected] Position Expense/ Allowance Description/process Approval trip distances travelled more than their round trip from home to their nearest council office, in any one day. Mileage will be paid up to the maximum rate per kilometre as set out in the current Remuneration Authority Determination. Reimbursement can be sought by lodging a mileage claim on the form attached as Appendix C. Mobile phone expenses* An allowance towards Council generated calls, text and data through mobile phones of up to $400 for councillors. This allowance can be sought by lodging the claim form attached as Appendix B. Governance Manager Internet connection* For an Internet connection (with or without a telephone connection), $250. Reimbursement can be sought by lodging the claim form attached as Appendix B. Governance Manager *Note: the cumulative total amount payable to a member for communications/equipment allowances marked * for the period from 01/07/14 - 30/06/15 must not exceed $1,050. 7. INSURANCE Council’s insurance portfolio includes a Trustees Liability Policy covering elected members for appointments to trusts where such representation is at the request of Council in connection with Council business. The limit of indemnity of this policy is $5,000,000. 8. SOFTWARE AND SUPPORT FOR COMMUNICATIONS EQUIPMENT Relevant communications equipment will be loaded with the following software: 1 Latest suitable Microsoft PC Operating System 2 The version of Microsoft Office currently in use at WDC 3 Software necessary for connection to WDC Network. Any other software required by individual elected members will be installed subject to the following rules: 1 The software must be compatible with software already loaded 2 Installation must be done by WDC IT staff 3 Software to be provided at elected member’s expense. Connection to the WDC Network will not be provided unless an exception is approved by the Chief Executive. At the conclusion of an elected member’s time in office, any laptop, tablet or other computer equipment supplied by Council to that member must be returned to Council. 9. APPROVAL PROCESS Where pre approval is required under section 6 of this policy this must be attended to prior to incurring expenses. Claims for expenses, accompanied by the relevant receipts or GST invoices should be forwarded on the prescribed form (included as Appendix B) to Councillor Support in the case of councillors or the PA to His Worship the Mayor in the case of the Mayor. 13/69138 7 Private Bag 9023 | 26 Whangarei 0148 | New Zealand T: 09 430 4200 | 0800 WDC INFO | 0800 932 463 | F: 09 438 7632 W: www.wdc.govt.nz | E: [email protected] The claim will then be checked for compliance with this policy before being forwarded to either the Mayor, Deputy, Chief Executive or Governance Manager for review and approval as determined by section 6 of this policy. Where a travel booking is required via Council’s preferred supplier the booking request and approval form in Appendix A must be completed and provided to the PA to His Worship the Mayor in the case of the Mayor and Councillor Support in the case of councillors. Mileage claims should be forwarded to Councillor Support on the form included as Appendix C. 10. APPROVAL OF EXCEPTIONS There may be times when expenses may be incurred that do not fall within the scope of this policy. On these occasions, reimbursement may be approved by the Mayor or Deputy Mayor and the Chief Executive Officer jointly. If they feel the reimbursement is particularly sensitive they can elect to pass it to Council for approval. 13/69138 8 Private Bag 9023 | 27 Whangarei 0148 | New Zealand T: 09 430 4200 | 0800 WDC INFO | 0800 932 463 | F: 09 438 7632 W: www.wdc.govt.nz | E: [email protected] Appendix A: booking request and approval form To: Email: Travelsmart [email protected] (Note: all questions must be completed) Elected member name Phone (full Christian and surname) Ext Email address Reason for travel Conference / Training / Technical Meeting / Government Dept meeting (please delete or add details) Approval of Travel (refer to policy for approval details) Cost Code Natural Account Flight Destination Date 2021 – conference 2391 – general business Preferred time of travel Please provide cheaper alternative if available Start time of event (to allow time for travel from airport to venue) Return Flight to Whangarei (or state if different) Please provide cheaper alternative if available Air Points Number (if applicable) Accommodation (nights) Style/location preference Do you require a flexible fare to allow for alterations in your schedule yes no Rental car required (NZ Rentals) yes no or yes no Date Preferred time of travel Shuttle required to / from airport travel If yes yes no yes no Manual Auto Car hire dates required Car type required e.g., Standard car , Mini van (please specify) Do you wish to store your vehicle at Whangarei Airport? Yes No Vehicle Reg No Type Notes and/or special needs or instructions: Please note Alternative airline flights are often available at very low rates, staff should be aware that their service is notoriously unreliable and should you decide to take one of these flights the fares are non refundable or transferrable. Care should be taken given this risk as a lot of extra cost could be incurred. 13/69138 9 Private Bag 9023 | 28 Whangarei 0148 | New Zealand T: 09 430 4200 | 0800 WDC INFO | 0800 932 463 | F: 09 438 7632 W: www.wdc.govt.nz | E: [email protected] Appendix B: Claim form for expenses covered by this policyEmployee No._________ From (print name) Date Purpose of travel, allowance and/or expense at (city) on (dates) Amount (incl GST) Expenses Tax invoices must be provided for a claim to be accepted. An EFTPOS receipt is not a tax invoice – refer to note below Cost Centre Natural account $ c Total $ I certify that the above claim is correct, reasonable and complies with the Policy for Allowances and Reimbursement of Expenses to Elected Members Signed_________________________ Date _____________ (Claimant) _____________________________________________________________________ ___ I certify that this claim appears reasonable and complies with the Policy for Allowances and Reimbursement of Expenses to Elected Members. Please arrange reimbursement. Cost Centres Signed_________________________ Date _____________ Councillors 15001 (Governance Manager (where required)) Mayor 19500 ________________________________________________________________________________________________ I certify that this claim appears reasonable and complies with the Policy for Allowances and Reimbursement of Expenses to Elected Members. Please arrange reimbursement. Cost Centres Signed_________________________ Date _____________ Councillors 15001 (Chief Executive Officer (where required)) Mayor 19500 ________________________________________________________________________________________________ I certify that this claim appears reasonable and complies with the Policy for Allowances and Reimbursement of Expenses to Elected Members. Please arrange reimbursement. Cost Centres Signed_________________________ Date _____________ Councillors 15001 (Mayor or Deputy approval (where required)) Mayor 19500 Note Tax Invoice must have: the words ‘tax invoice’ in a prominent place the name and GST number of the supplier the date the tax invoice was issued a description of the goods and/or services supplied the total amount payable for the supply a statement that GST is included if not stated separately. 13/69138 10 Private Bag 9023 | 29 Whangarei 0148 | New Zealand T: 09 430 4200 | 0800 WDC INFO | 0800 932 463 | F: 09 438 7632 W: www.wdc.govt.nz | E: [email protected] Appendix C: Elected Members Mileage Claim Employee No____________ Name Date Month Event Actual KMs Threshold adjustment Kms Claimed Total Kms Claimed Up to 5000km @ 77cents* Balance of kms over 5000kms @ 37 cents *Note: once the 5000 km threshold for any financial year has been met the rate payable for kms claimed reduces to 37c per km, elected members will be advised when the threshold is met with the amount due being adjusted by staff if necessary. I certify that the above claim is correct Signed_________________________ Date _____________ (Claimant) _____________________________________________________________________ ___ I certify that this claim appears reasonable and complies with the Policy for Allowances and Reimbursement of Expenses to Elected Members (adopted at Council Meeting held 25 September 2013 ) Please arrange reimbursement. Cost Centre 15001 Natural Acct 2042 Signed_________________________ Date _____________ (Governance Manager) ________________________________________________________________________________________________ I approve this claim for expenses. Signed___________________________ Date _____________ (Chief Executive Officer) 13/69138 11 30 9. The First Haikou Sister City Mayors Summit Reporting officer Jude Thompson (Group Manager Positive Growth) Date of meeting 27 August 2014 Vision, mission and values This item is in accord with Council’s vision, mission and values statement. Background On May 28 this year Council resolved that Whangarei District Council enter into a „Friendly City Arrangement‟ with Haikou City in the Hainan Province of the People‟s Republic of China. A delegation from Haikou lead by Deputy Mayor Ren Qing Hua visited Whangarei in June during which the Arrangement (attachment 1) was signed, formalising the friendship and further strengthening a relationship which has been building for 10 years. During the visit, discussions initially focused on international education via NorthTec which has had a bilateral international education relationship with China for many years. As a result a Memorandum of Understanding was signed between the Haikou Economic College and Northtec. A Northtec delegation lead by Chief Executive Officer Paul Binney has since visited Haikou to explore further international education opportunities, convey the strength of the relationship between Council and Northtec and promote Whangarei. Council representatives have maintained ongoing dialogue with Northtec as to how best to support and leverage the current agreement and assist in identifying and confirming further opportunities and agreements. Northtec has advised from their experience that maintaining regular communications including exchanges i.e. visits, has proved the most effective in progressing opportunities. Northtec has indicated its intention to return to Haikou along with Whangarei District Council representation, should Council so approve this and any future visits. They have confirmed they will travel to Haikou in November with Council and also seek Council‟s support to progress another education opportunity. Northtec has reiterated the importance the Chinese place on relationships and visitation by local government officials, in particular Mayors and Deputy Mayors and the significance the Chinese place on endorsements from local government. Council is at the very earliest stages of this more formalised relationship, and is seeking to take the relationship beyond the actual signing of the arrangement. Relationships develop uniquely over time with one of the first stages being to visit each other‟s homes, share information, learn each other‟s customs and seek areas of mutual understanding and opportunity. While tangible benefits of the Northtec relationship are obvious, this stage of the relationship with Council is not about judging material benefits, its about seeing where the relationship can go and the things that can be built together. Haikou Sister City Mayors’ Summit Mayor Sheryl Mai has recently received an invitation from Mr. Ni Qiang, Mayor of Haikou City to further strengthen our relationship by leading a delegation to The First Haikou Sister City Mayors‟ Summit on the 25th to 27th November, 2014 for which they will provide hotel accommodation, all meals and transport while in Haikou. The theme of the Summit is “Consolidating Friendship for Common Growth” and will bring together Mayors and delegates from Haikou‟s nearly 30 international sister and friendly cities to discuss issues for future cooperation in various areas. The Summit participants will also undertake to develop a mechanism wherein a tri-track model of sister/friendly cities, including government to government, people to people and business to business, will be developed and put into practice. Whangarei District Council 1 27 August 2014 31 The Summit coincides with the 2014 United Cities and Local Government (UCLG) World Council and the Fourth General Assembly of Asian Mayors Forum (AMF) also being held Haikou. An opportunity will therefore be provided to meet with Mayors from other sister cities of Haikou, but also prominent participants and leaders from the UCLG and AMF meetings. Additionally workshops will be held with local Haikou entrepreneurs and include cultural experiences. HWM Sheryl Mai has indicated her intention to travel to Haikou in November to represent Whangarei at the Summit, conditional on approval by Council of Mayoral travel and expenses in accordance with the remuneration expenses policy. The Mayor has requested to be accompanied by Council‟s Positive Growth Manager. Travel and Expenses Approval While the Mayor of Haikou City has offered to provide hotel accommodation, all meals and transport while in Haikou, international air travel is not covered. In relation to Mayoral expenses Council‟s Policy for allowances and reimbursement of expenses to Elected Members states that „the prior approval of the Council is required for all international travel, where costs or partial costs are paid for by Council funds‟ (CEO approval is required for international travel by staff under Council‟s Travel Policy). As a general policy all elected member international air travel is by way of economy class, where all or part of the costs of the fares are to be met by Council and travel must be in accordance with Council‟s Travel Policy. The approval of the Council is required for exceptions to this (i.e. where an upgrade in seating class is desirable for health or other compelling reasons). Recommendation 1. That the information be received. 2. That Council approve Mayoral travel and expenses in accordance with Council‟s Policy for allowances and reimbursement of expenses to Elected Members. 3. That staff report back to Council on the outcomes of the Summit and the visit to Haikou. Attachments 1. Whangarei and Haikou Friendly City Arrangement 2. Invitation letter from Mayor of Haikou City 32 33 Mr. Sheryl Mai Mayor of Wangarei City New Zealand July 30th, 2014 Dear Mayor Sheryl Mai, Warm greetings from Haikou! As Mayor of Haikou, I wish to assure you that we highly value our sister city relationship and trust that such a relationship has benefited, and will continue to benefit our two cities. To further strengthen our relationship, I have the pleasure in inviting you to lead a delegation of not more than four (including your spouse if you might, and two other colleagues) to attend “The First Haikou Sister City Mayors’ Summit” to be held in Haikou from 25 to 27 November, 2014. We will provide the hotel accommodation, meals and transport while your delegation is in Haikou. Themed as “Consolidating Friendship for Common Growth”, this summit will gather mayors and delegates from Haikou’s nearly 30 international sister cities and discuss issues for future cooperation in various areas. We will also undertake to work out a mechanism wherein a tri-track model of sister cities, including government to government, people to people and business to business, will be developed and put into practice. I am also pleased to advise that this summit will take place on the occasion of 2014 UCLG (United Cities and Local Government) World Council and the Fourth General Assembly of AMF(Asian Mayors Forum) are to be held in Haikou. Therefore, you will have chances to meet not just mayors from other sister cities of Haikou, but also prestigious participants for the UCLG and AMF meetings. Concurrently included in your schedule are workshops with the local entrepreneurs and cultural experience with Haikou citizens for a special Night of Friendship performance. I strongly encourage you to mark your calendar now and ardently believe that your trip to this summit will be exciting and rewarding. Looking forward to seeing you in Haikou. Sincerely yours, Ni Qiang Mayor of Haikou City Hainan Province, China 34 10. Saorsa Retirement Village Reporting officer Mike Hibbert (Property Manager) Date of meeting 27 August 2014 Vision, mission and values This item is in accord with Council’s vision, mission and values statement as prudent financial management. Purpose To determine whether Council should initiate a statement of proposal to sell the land and or assets commonly known as the Saorsa Retirement Village (see attachment 1) to the Saorsa Retirement Village Trust Board. Background Council owns land at St Marys Road, Waipu currently leased to the Saorsa Retirement Trust Board. The lease commenced in 1991 for a term of 60 years at a $1 per year with a further 15 years right of renewal. At the time of amalgamation land and assets ownership were transferred from the County Council to the District Council including 21 existing units and the community hall. Since the disposal by lease and in accordance to the terms and conditions of the lease, the Trust has further developed the site including the construction of a further 10 units for rental or sale through „Own your own‟ rights of agreement, Village hall upgrade ($500k) and roading, waste and water infrastructure. Maintenance and repair to Councils asset have also been completed to a standard in accordance with its obligations under the lease. In 2009 a statutory supervisor was appointed pursuant to the Retirement Village Act 2003. The original deed of management was superseded by a Deed of Covenant to ensure the rights of occupation especially for those third party „Own your Own‟ residents. History Council‟s records indicate there has been an on going debate between the Saorsa Retirement Village Trust specific to the funding of capital works to Council owned units. In 2006 Council agreed to fund as an experiment, the total upgrade of 6 units at a cost of $330K. Council contributed $138K through a grant and provided an interest free loan of $103K. The remainder was funded by the Trust. Regular loan repayments have been received in accordance to the agreed payment plan with approximately $36,000 left owing. Current Situation Recently Council staff have been contacted regarding funding necessary upgrades to the Council owned structures. The Saorsa Trust has put forward three proposals through the „Annual Plan‟ process, to ensure the village continues to run and be maintained as a valued asset within the Community of Waipu. Option 1: That WDC transfer the ownership of the rental units and hall to the Saorsa Trust Option2: That WDC transfer the ownership of the rental units and hall to the Saorsa Trust and receive in consideration two sections that access the main road in Waipu (see Attachment 2) Option3: WDC transfer to the Saorsa Trust the required funds to refurbish the Council owned asset to a standard that is not detrimental to the appearance of the village and the value of the Saorsa „Own your Own‟ units holders Whangarei District Councill 1 27 August 2014 35 Financial Analysis In June 2014 an asset valuation was completed by Telfer Young. To establish the market value recognised valuation methods where utilised: Income Capitalisation: an expected pre-determined rate of return on investment by the property investor Market Comparison: comparisons of existing sales of improved properties and sale price based on deducted allowances for land value and other land based improvements Depreciated Replacement Cost: based on the cost to replace the building including developer profit and fees minus depreciation Valuation calculations: Depreciation Replacement Land value (Lessors interest) $150,000 Improvements (under lease) $ 55,000 Total $205,000 Income Capitalisation Land value (Full freehold) $ 1,450,000 Improvement (unencumbered lease) $ 1,500,000 Total $2,950,000 Depreciated Replacement Cost approach ($205,000) has been adopted since the income capitalisation and market comparison methods are unrealistic based on the nature of the encumbered conditions of the lease and rental streams. Rental Streams: Current rental stream p.a. ($115/wk 21 units) $ 126,126 (market rent assessed at $170/wk) All rental streams are received by the Trust to cover maintenance and repair in accordance with the Deed of Management specified in the lease agreement with WDC. Rental streams cover the operation cost for the village in a similar way Councils pensioner revenue stream cover our costs. Both follow a similar policy i.e rents are based on a % of superannuation (WDC 22% of superannuation and Saorsa 25% of superannuation). Capital costs are budgeted separately. Capital costs $55k Based on the historical data from the last upgrade in 2006, the cost per units was established at $55K. Estimated capital (15 units @$55K) $ 825,000 In comparison WDC have $394K Capital expenditure only budgeted for the 14/15 financial year to continue the unit upgrade schedule. Adjacent vacant sites fronting Centre Waipu Lot 2 and Lot 3 DP 200311 $ 385,000 Legal The lease is specific in identifying the obligations of the Trust to; “...be responsible for all maintenance and repair obligations to the premise during the term of the lease which shall include where required by the terms of any occupation rights agreement or Deed of Management between (Council and Saorsa) maintaining and repairing any fair wear and tear....”. The Management Deed sits along side the lease but fails to explicitly detail who is to assume responsibility for any capital improvements or capital works which might be required. Due to the extent of the lease and restrictions associated with use and responsibilities, Council has assumed a „social‟ function in providing pensioner housing. Should a potential sale or transfer of asset be considered, 36 Councils Policy on Significance needs to be considered. Pensioner housing is identified as a strategic asset under sections 5 of the LGA. “...in relation to the assets held by local authority, means an asset or group of assets that the local authority needs to retain if the local authority is to maintain the local authority‟s capacity to achieve or promote any outcome that the local authority determines to be important to the current wellbeing of the community........” It could be argued that the long term lease has in effect already disposed of the asset and land, however as the terms and conditions determine what is effectively a „pensioner housing‟ service then a decision to sell may not itself be capable of being made unless the proposal to sell is included in a statement of proposal under section 84 of the LGA. For the purposes of sections 90 and 97 of the LGA which restrict the ability for Council to dispose of a strategic asset or cease a significant activity without special consultation, council will consider strategic assets by group where appropriate. Changes to individual components of a strategic asset group are not considered to change the status of the overall group unless they materially alter the nature of that group. Council will need to determine whether a sale of the Saorsa Village pensioner housing would be a sale of a strategic asset so as to only follow upon a special consultative procedure, or consider whether by group a sale will change the overall status of Councils pensioner housing. Decision making Provisions The Local Government Act 2002 identifies in S.76-82 the provisions that require consideration in any decision making process for the sale of land. An assessment of the threshold criteria and procedures (LTP 2012-2022) have been evaluated in accordance to the decision making process and this specific proposal to sell has been deemed non-significant. Tax implications Potential Income tax implications have been explored specific to the sale of land and or land swap options presented. No tax implications are applicable based on independent advice from „the Tax Team‟, in accordance with Council, Finance Department. Conclusions As both the lease and deed of covenant do not clearly provide direction for responsibility for works that are not of a repair or maintenance nature, the obligation must fall upon Council as the asset owner to fund capital works. Council‟s contribution to funding of previous upgrades (community service loan and grant) has already set a precedent. This presents a significant financial liability for Council to upgrade the current WDC owned pensioner housing stock. No income tax implications have been identified regarding the potential transfer of land and assets. Any sale would be specific in transferring current restrictions already imposed on land use for „retirement village purposes‟. This would maintain confidence in the current use of providing pensioner housing services being maintained in the Waipu community. Council could acquire additional assets through land acquisition for future strategic use, while increasing council‟s asset worth at no cost. Any potential ownership transfer would potentially trigger a special consultative process in accordance with the LGA and Council Strategic asset policy. This could be completed as a separate process or be included in the 2015-2025 LTP process currently underway. Considerations Option 1 would allow for Council to maintain the current pensioner housing service to the Waipu Community without any financial liability specific to capital works. Option 2 would allow for Council to improve the current pensioner housing service to the Waipu Community without any financial liability specific to capital works. The freehold status of land would allow for reinvestment through the Saorsa Trust to complete the necessary upgrades. In addition Councils asset worth would increase through the acquisition of the vacant sections for future strategic use within the Waipu community. 37 Option 3 allows for a reduced service to the community through the deterioration of assets, unless significant funding is provided. This may also prompt legal challenges from „Own your Own‟ residents specific to the devaluation of their interest. On the basis of the information provided Option 2 is recommended, which would see increased services to the community by Saorsa, increased asset value of $180,000 to Council and a land holding as a key location for future community use. Recommendation 1. That the information be received. 2. That Council declare the land at 14-24 St Mary‟s Road , Waipu commonly knows as the Saorsa Retirement Village and legally defined as Part Allotment 21 parish of Waipu and Lot 1 DP 31108 and Lot 5 DP 200311, Certificate of Titles NA51B/1207 and NA133C/338 comprising of 1.2309ha and 1.2232ha, non-strategic. 3. That Council initiate a statement of proposal under Section 84 of the Local Government Act 2002 to consider the sale of the Lessors interest in the Saorsa Retirement Village to the Saorsa Retirement Village Trust Board, subject to the property and assets remaining for „Retirement Village Use.‟ 4. That Council propose to purchase the interests in Lots 2 and 3 DP 200311, comprising of 1688m2 and 2632m2, as an exchange for any approved sale. 5. That the possible sale of the properties be considered through a special consultative process. 6. Should the outcome of the special consultative process be to approve such a sale, the Chief Executive Officer be authorised to finalise all terms and conditions relating to the sale and purchase of these properties as required to complete each transaction. Attachments 1. 2. Saorsa Village Vacant sites for potential Council ownership 38 39 40 11. Smoke free 2025 Reporting officer Owen Thomas (Community Services Manager) Date of meeting 27 August 2014 Vision, mission and values This item is in accord with Council‟s vision, mission and values statement as it supports the provision of vibrant and healthy communities as well as a clean healthy and valued environment; both outcomes sought for our residents in pursuit of our vision, mission and values. Introduction Following a recent presentation to Council on „Smoke free 2025‟, staff were asked to compile a report on what levels of involvement this Council and other councils have in this initiative. In compiling this report, information was collated on 3 levels: 1. 2. 3. Regulatory: Those activities that are enforceable, (eg a bylaw or a secondary element such as the terms and conditions of a lease). Promotion: Those activities that are non-enforceable, (eg. policies or public services to meet local needs). Other: Measures not included above Some regional analysis has been conducted by the Cancer Foundation (a link to this work is included: http://www.cantobacco.org.nz/campaigns/smoke free-councils-outdoor-areas/campaigns/smoke freecouncils), however, staff conducted their own research across various local authorities to ensure the information provided was as up to date as possible. What is WDC doing? Whangarei District Council has a number of policies that relate to smoke free environments. These are listed and summarised below: 1. Smoke free Policy 2010 This internal policy reflects Council‟s duty to ensure a safe environment for all people on its premises. The content of the policy is made known to all staff on induction and to contractors. The policy provides for assisting staff to stop smoking and prohibits smoking in Council workplaces other than in designated staff smoking areas. 2. Council-owned sports parks & playgrounds – Smoke free policy As a policy with an educational focus, Council owned playgrounds, sports fields, and neighbourhood reserves are promoted as smoke free areas through signage and publicity. This policy can be superseded by a management plan approved under the Reserves Act 1977. 3. Council-owned bus shelters and transport hubs – Smoke free policy Another policy with an educational focus, Council owned bus shelters and transport hubs are promoted as smoke free areas through signage and publicity. 4. Smoke free pensioner housing While not a policy per se, Council has been requiring smoke free terms within the lease agreements for new tenants of our pensioner housing. What are other Councils doing? Attachment 1 includes a summarised table of the activities conducted by 16 other NZ Councils. The common trend is a non-punitive approach, with policies having an educational focus rather than emphasising enforceable/regulatory measures. Whangarei District Council 1 27 August 2014 41 Bylaw The conversation on how Councils can give effect to the national „Smoke free 2025‟ vision inevitably raises the question of bylaws. In a recent report, “What role can local authorities play in tobacco „end-game‟ policies in New Zealand?”, Policy Quarterly (Volume 9, Issue 3 – August 2013 p59), academics from Auckland University (Dr K. Palmer, Assoc. Prof. C. Bullen & Dr J. Paynter) considered the use of bylaws, as a smoking cessation tool, to help achieve a smoke free nation by 2025. This comprehensive report explores a range of legislation, including: The Local Government Act 2002 The Health Act 1956 The Building Act 2004 The Smoke free Environments Act 1990 The Bylaws Act 1910 NZ Bill of Rights Act 1990 The report critically examines the use of bylaws and highlights an important point to note: “the question of challenge as to the validity of such bylaws remains an important issue”. The report‟s conclusion is that the implementation of robust bylaws would require retailers to be licensed and that this step will require evidence that restricting supply will discourage people from starting smoking and increase the number of people quitting. In the end, the report suggests that mayors and council members should be invited to make bylaws. Applying the arguments of this approach, if a bylaw was drafted, then it should be done in partnership with Public Health and Smoke free NZ, to ensure any licensing regime provided for is based on sound evidence. The pursuit of a bylaw should also take into account that it is likely to be tested in a court of law. Historically, all significant public health issues are governed by central government through the Ministry of Health and other government departments and through legislation. The Health Act (1956) specifically provides for the licensing and control of registered premises under its regulations (food premises, camping grounds, mortuaries, offensive trades and hairdressers) as activities on these premise, if not properly managed, have the potential to compromise public health. Likewise, the Sale and Supply of Alcohol Act (2012) deals with the issue of harm from alcohol abuse in the community through such provisions as prohibiting liquor consumption in public places and erecting signage warning of any bans. These existing precedents suggest that any response to smoking (and the effects of smoking in public places) as a widely recognised national public health issue, should be by way of national controls though primary and secondary legislation. A further key consideration is that a smoke free bylaw could be determined to be a prohibition, as opposed to a regulation. In NZ, persons are legally permitted to smoke, therefore a blanket prohibition may be argued to be ultra vires and an unjustifiable limit on a person‟s rights and freedoms. However, Council does have authority under s.20 of the Smoke free Environment Act (1990) to pass a bylaw providing people with protection from tobacco smoke. Careful consideration would need to be given for the reasons why Council would wish to make a bylaw, the public places it would cover, and how the matter would be enforced. There are strong arguments to support a bylaw; particularly the evidence of the harm of second hand smoke, and the nuisance caused by smoking litter. Therefore, Council could explore a bylaw that targets key public locations where the protection of the overall wellbeing of the community could be easily argued, for example Cameron Street Mall or Rose Street Bus Terminus. The power of enforcement provided by a bylaw is both its greatest strength and challenge. Enforcement requires considerable resources, but also case law interpreting the Bylaw Act (1911) has found a Council to be unreasonable to have a bylaw if it does not enforce it. A bylaw would also require the implementation of signage at the appropriate public places. The recommendation to formally investigate a bylaw to deal with a “nuisance” (as permitted by the LGA (2002)) must first be resolved by Council. Upon such a recommendation, Council Officers must then undertake a full assessment in accordance with s155 LGA to determine whether a bylaw is the most appropriate way of addressing the problem. This assessment requires an investigation into all of the potential solutions to deal with a nuisance, having due regard to repugnancy, certainty and the reasonableness of such a bylaw. 42 Conclusion The steps Council have made toward Smoke free 2025, although slightly fragmented, are consistent with many other councils across NZ. For this reason, the use of educational policies is considered an appropriate approach to facilitating change. This process means that over-time Council can continue to take steps toward Smoke free 2025 inline with its current direction. These could include but are not limited to: Additional policies increasing the number of outdoor spaces that are smoke free, such as the Library courtyard, Canopy Bridge, Botanica grounds, Walkways, Cemeteries and carparks. Promoting Council events as Smoke free As Smoke free values become more engrained and normalised, the cessation of smoking will be expected and perhaps demanded. This will only add value to the promotional nature of these activities. The bylaw approach has no legal precedence or licensing regime in place to support it and is fraught with difficulty. Therefore, waiting for a national legislative approach is recommended. Recommendation 1. That the information be received Attachments 1. Table of Smoke free activities conducted by 16 other NZ Councils 43 ATTACHMENT 1 Activities of other local authorities that contribute to Smoke free 2025 Ashburton District Council Regulatory Promotion Has an internal smoke free policy: http://www.ashburtondc.govt.nz/ourcouncil/policies-andbylaws/Pages/policies.aspx This is for Council staff and visitors to Council premises. A breach of which by staff may lead to a disciplinary procedure. Has a public smoke free policy: http://www.ashburtondc.govt.nz/our-council/policies-andbylaws/Pages/policies.aspx This is for Sports fields and playgrounds and uses signage to promote smoke free open spaces Buller District Council Smoke free Environments – Council Buildings and Public Spaces Policy. It covers playgrounds, parks etc as well as council owned and controlled buildings. It’s an educational policy and not something that is actively enforced. Christchurch City Council As new tenants move into social housing their contracts will include a clause which prohibits them smoking inside. CCC has a smoke free policy in parks and reserves http://www.ccc.govt.nz/thecouncil/policiesreportsstrategies/pol icies/groups/parksreservesamenities/smoke freepublicplacespolicy.aspx Dunedin City Council The Smoke free Policy has also bought about the inclusion of a clause within all new leases that tenants are not to smoke indoors. Has a Smoke free Policy that is, fundamentally, an educational tool for: Public places, events and workplaces Gisborne District Council Recently notified its Sports Parks Management Plan for consultation with a policy to prohibit smoking at our sports grounds. That policy is still under consultation at present. Hastings District Council Hastings District Council recommend for their own health and safety, all Senior Housing tenants (aged 55 years and older) who smoke, to do so outside their flat rather than inside. This recommendation is included in the tenancy pack supporting information given to tenants. Other Following submissions to this year’s annual plan staff have been asked to look at a smoke free policy for council owned pensioner housing. 44 Kawerau District Council Had a presentation 09/06/14 about Smoke Free Aotearoa 2025 and will be discussing policy implications later this month or early next month. New Plymouth District Council Smoke free parks policy can be found on http://www.newplymouthnz.com/CouncilDocuments/Policies/S moke freeParksPolicy.htm Otago Regional Council Have smoke free bus shelters (enabled the provision of smoke free signs to go in shelters in a joint project with Public Health) but no legal right to enforce it. Palmerston North City Council PNCC adopted a Smoke Free Outdoor Areas Policy in 2013. It’s a “non-enforceable” policy with the emphasis on education and promotion. Porirua City Council Porirua City Council has a smoke free policy in playgrounds and sports-fields. Here’s the link to their website page: http://www.pcc.govt.nz/A-Z-Services/Smoke freePlaygrounds-and-Sports-Fields The policy is educative and not enforced. Selwyn District Council Adopted a Smoke free Public Outdoors Areas policy in December 2011. The policy covers the council owned and/or managed playgrounds and parks including sport grounds. They’ve placed smoke free signs at each of the playgrounds. They’ve run smoke free events over the last couple of years and also encouraged other event organisers to make their events smoke free. The policy is being reviewed this year. Southland District Council Just approved a Smoke Free Open Spaces Policy in their Annual Plan allows for new and renewed leases of Council property to have smoke free conditions on them. Just approved a Smoke free Open Spaces Policy in our Annual Plan – it focuses on promotion through signage and smoke free messages Promotion is through key partnerships, such as the Cancer Society, Sport Southland, schools, Public Health South etc. Their Council considered a submission to their annual plan http://www.newplymouthnz.com/NR/r donlyres/C541ED54-8D0C-4599AB75D41796EB82EF/0/Recommendation Reportscomplete.pdf Decided that a bylaw was largely unenforceable in a large region such as Southland. 45 Waimakariri District Council Wanganui District Council Has a Smoke free Green Spaces Policy http://www.waimakariri.govt.nz/Libraries/Public_Documents/P olicy_Manual_5_June_2014.sflb.ashx. This was followed up with some good community engagement last year and will be reviewed in about 2 years. Have started with their 12 most key playgrounds in the District & needs rolling out further. http://www.wanganui.govt.nz/ourcouncil/publications/bylaws/Documents/ Smoke freeBylaw.pdf In reality is there is no active enforcement of this law. It is seen as educative rather than punitive. Wellington City Council Wellington City Council is progressively implementing smoke free parks, sports-grounds and playgrounds, and housing. Western Bay of Plenty District Council Have had a Smoke Free Public Spaces Policy since 2009. The policy is educational only and is community enforced. Smoke free NZ have been doing a regional survey and had over 400 responses and those results should be available soon. 46 12. Notice of Motion Reporting officer M P Simpson (Chief Executive Officer) Date of meeting 27 August 2014 Vision, mission and values This item is in accord with Council’s vision, mission, and values statement. Notice of Motion Notices of Motion must be in writing signed by the mover, stating the meeting at which it is proposed that the notice of motion be considered, and must be delivered to the Chief Executive at least 5 clear working days before such meeting. Cr McLachlan has given notice in accordance with Standing Order 3.10.1 that he intends to move the following motion: “That the Mayor of Whangarei District Council write to the Prime Minister and the leaders of all parties in Parliament, calling for a ban on the commercial sale of tobacco and cigarettes to take effect on 1 January 2025.” Cr McLachlan has provided a Discussion Paper in support of this action. Attachment: Discussion Paper Whangarei District Council 1 27 August 2014 47 Discussion Paper – a ban on commercial sales of tobacco and cigarettes by 2025 Councillor Brian McLachlan, August 2014 Whangarei District Council has actively supported initiatives to reduce the incidence of smoking in Whangarei over a number of years. Northland is well represented in smoking-related health statistics so it is fitting that a council from the Northland region should take a lead. Whangarei District, as the largest district council in the region, is well placed to take a national leadership role by making the call for commercial sales of tobacco and cigarettes to be banned by 1 January 2025. By opening up the debate, we can get discussion going throughout New Zealand and put our city on the map as a leading voice for a very practical way of improving the health of our people. Research shows the public’s appetite for smoking has reduced sharply in the last 40-50 years, and there is widespread public support for the goal of being largely smoke-free by 2025. 20 years ago the idea of smoke-free bars and workplaces would have been unthinkable. A total ban on sales might sound harsh to us now, but if cigarettes were a new product about to be released onto the market they would never be permitted due to their potential health effects, addictive nature and appeal to young people. Smokers are a steadily shrinking minority – particularly among politicians, teachers, health professionals and opinion formers - and addicted smokers are keen to be supported in their efforts to give up. A huge proportion of smokers regret having started, and over half have tried to quit in the last 12 months. Giving up is easy, but staying smoke-free is hard when cigarettes and tobacco products are readily available. When smokers themselves start to ask for a ban on sales, it’s time to take notice. This call is for a ban on the production, importation and sale of tobacco products. It would not prevent someone growing tobacco for their personal use, nor would it make smoking a criminal offence. Smoking of itself will not be illegal, so overseas tourists who smoke will be free to bring in their own supplies and consume them here, in designated smoking areas. The purpose of the ban is to make sure New Zealand reaches its goal of ‘close to zero’ smoking by 2025, and achieves it faster and more easily. Banning sales is unlikely to drive the market underground and create a criminal tobacco empire. The banning of legal highs has come into force relatively without incident, and New Zealand’s geographical isolation and strong border controls will help. There is low risk of political or public backlash from those who favour minimal intervention, as evidenced by recent increases in tobacco sales taxes and the point of sales display ban which were passed with strong parliamentary support. There is a precedent for a total ban. Bhutan, in southern Asia, has already banned the sales and distribution of tobacco. The incidence of smoking in Bhutan, at 2.8%, is the lowest in Asia and one of the lowest in the world. Other countries will inevitably follow. The ban is entirely reasonable and desirable, and consistent with the clean and green image New Zealand is keen to project.