Local Governance StatementTauākī Kāwanatanga ā-rohe

The boundaries of a region are generally based on river catchments, while district and city council territories are based on population and communities of interest.

The Regional Council has historically, and through legislative direction, concentrated more on the ‘natural environment’ - water, air, land, the coast - with a long-term view to make sure these are used sustainably, and are just as available and just as good (if not better) in the future as they are today. The Resource Management Act 1991 is one of the principal Acts behind the work of regional councils and many of our activities are aimed primarily at benefiting the environment. We also have responsibility for functions that are more appropriately carried out on a regional basis such as economic development, land transport planning, river control and land drainage and plant and animal pest control.

City and district councils concentrate more on the built environment and deliver services to their local communities, including drinking water, sewage and rubbish disposal, roading, swimming pools, libraries and parks, and deal with subdivisions.

Responsibilities

Responsibilities of Hawke’s Bay Regional Council include:

• Formulating the region’s strategic direction in consultation with the community to produce the Long Term Plan (LTP)
• Determining the services and activities to be undertaken
• Managing principal tasks
• Administering various regulations and upholding the law
• Monitoring the delivery of the planned outputs included in the Long Term Plan and Annual Plan
• Ensuring the integrity of the management control system
• Safeguarding the public interest
• Ensuring effective succession of elected members
• Reporting to ratepayers

The Council is subject to a wide range of different pieces of legislation (Acts) that other corporate bodies and individuals are subject to, i.e. Income Tax Act, Employment Relations Act, Health and Safety at Work Act, the Fair Trading Act. However, being a creature of statute and specifically the Local Government Act 2002 there are many other Acts particularly relevant to the Regional Council and its functions and roles. These include:

4.1       National Acts

• Biosecurity Act 1993 incorporating all amendment Acts up to and including Biosecurity Amendment Act (no 2) 2015
• Building Act 2004
• Civil Defence Emergency Management Act 2002 (CDEMA) incorporating all amendment Acts up to and including CDEMA Amendment Act 2016
• Land Drainage Act 1908
• Land Transport Management Act 2003, incorporating Land Transport Amendment Act 2016
• Local Electoral Act 2001 incorporating all amendment Acts up to and including Local Electoral Amendment Act 2013
• Local Government Act 2002 (LGA) incorporating all amendment Acts up to and including LGA 2002 Amendment Act 2015
• Local Government Official Information Meetings Act 1987 (LGOIMA) incorporating LGOIMA Amendment Act 2013
• Local Government (Rating) Act 2002 (LGRA) incorporating LGRA Amendment Act 2006
• Maritime Transport Act 1994 (MTA) incorporating MTA Amendment Act 2013
• Resource Management Act 1991 (RMA) incorporating all amendment Acts up to and including RMA Amendment Act 2013
• Soil Conservation and Rivers Control Act 1941 (SCRCA) incorporating SCRCA Amendment Act 1988
• Hawke’s Bay Regional Council (Surplus Funds Distribution) Empowering Act 1999 incorporating amendments required resulting from the Income Tax Act 2007 & Local Government (Rating) Act 2002
• Hawke’s Bay Endowment Land Empowering Act 2002
• Hawke’s Bay Regional Planning Committee Act 2015
• Hawke’s Bay Navigation Safety By-Law 2018

4.2       Local Acts

• Hawke’s Bay Regional Council (Surplus Funds Distribution) Empowering Act 1999 incorporating amendments required resulting from the Income Tax Act 2007 & Local Government (Rating) Act 2002
• Hawke’s Bay Endowment Land Empowering Act 2002
• Hawke’s Bay Regional Planning Committee Act 2015

4.3       By-Laws

• Hawke’s Bay Navigation Safety By-Law 2018

Copies are available at the Council’s Napier office.

Electoral System Adopted

Hawke’s Bay Regional Council currently operates its elections under the ‘First Past the Post’ (FPP) electoral system. This form of voting is used in parliamentary elections to elect Members of Parliament to constituency seats. Electors vote by indicating their preferred candidate(s), and the candidate(s) that receive the most votes is declared elected regardless of the proportion of votes that candidate(s) obtained.

The other option permitted under the Local Electoral Act 2001 is the ‘Single Transferable Vote’ system (STV). This system is currently used in District Health Board elections and some local authority elections. Electors rank candidates in order of preference. The number of votes required for a candidate to be elected (called the quota) depends on the number of positions to be filled and the number of valid votes.

The number of candidates required to fill all vacancies is achieved:

• first by the counting of electors’ first preferences
• then by a transfer of a proportion of votes received by any candidate where the number of votes for that candidate is in excess of the quota then by the exclusion of the lowest polling candidates and the transfer of these votes in accordance with voters’ second preferences.

Process to Change the Electoral System

Under the Local Electoral Act 2001 the Council can resolve to change the electoral system; or conduct a binding poll on the question; or electors can demand a binding poll. A poll can be initiated by at least 5 % of electors signing a petition demanding that a poll be held. Once changed, an electoral system must be used for at least the next two triennial general elections, i.e. we cannot change our electoral system for one election and then change back for the next election.

Hawke’s Bay Regional Council reviewed its electoral system in September 2017 and decided to retain the status quo and continue with the First Past the Post electoral system for the 2019 election.

Māori Constituencies

The Local Electoral Act 2001 gives Council the ability to establish separate constituencies for Māori electors. The Council may resolve to create a separate Māori constituency or conduct a poll on the matter, or the community may demand a poll. The demand for a poll can be initiated by a petition signed by 5% of the electors within the region.

At an Extraordinary meeting on 15 November 2017, Hawke’s Bay Regional Council resolved to not establish Māori constituencies in the Hawke’s Bay region for the 2019 and 2022 elections, and publicly notified the electors’ rights to demand a poll on this issue. This issue can next be re-examined through Council’s representation review, either as required in 2023 or earlier if it so chooses.

Review of Representation

The Local Electoral Act 2001 requires the Council to determine its representation arrangements at least once in every period of six years after the first determination. Following the procedures set out in the Local Electoral Act 2001 and guidelines published by the Local Government Commission, the Council was required to conduct a Review of Representation during 2018, for the 2019 and 2022 elections. 

Re-organisation Processes for Local Authorities

The Local Government Act 2002 Amendment Act 2012 sets out procedures which must be followed during proposals to:

• Make changes to the boundaries of cities, districts, within the region;
• Create one or more territorial local authorities within the region;
• Create a unitary authority, i.e. the transfer of functions of Hawke’s Bay Regional Council to a City or District Council;
• Transfer a particular function or functions to another Council.

Proposals for a boundary alteration or transfer of functions from one local authority to another will be considered either by a joint committee of the affected local authorities or an appointed local authority, or by the Local Government Commission (if the local authorities refer the proposal to the Commission or if the local authorities cannot agree on which of them should deal with the matter or appoint a joint committee within 60 days of receiving the proposal).

Proposals for the establishment of a new district or the creation of a unitary authority will be dealt with by the Local Government Commission.

Further information on these requirements can be found in the Local Government Act 2002 Amendment Act 2012. The Local Government Commission also provides guidelines on procedures for Local Government reorganisation.

Constituencies

In accordance with the Local Government Commission’s December 2018 Determination, the Hawke’s Bay region is divided into five constituencies. The following table shows the number of representatives and the approximate population of each constituency.

Constituency Population Statistics

* The populations used are the estimated resident population as at 30 June 2017 provided by Statistics NZ.

The % difference column shows the calculation applied when determining whether an area complies with the +/-10% rule in section 19V(2) of the LEA.  Where this difference falls outside the +/-10% range it is shown in bold.

This link will take you to the region’s constituencies map, showing the boundaries of each.

Good governance requires clarity of roles and respect between those charged with responsibility for the leadership of the council and those responsible for advice and the implementation of council decisions.  The key roles are:

Members’ Roles

The role of the governing body includes:

• representing the interests of the people of the region (on election all members must make a declaration that they will perform their duties faithfully and impartially, and according to their best skill and judgement in the best interests of the region)
• setting the strategic direction of Council and formulating its policy
• developing and adopting plans, policies and budgets
• monitoring the performance of the council against stated goals and objectives set out in its long term plan
• providing prudent stewardship of the council’s resources
• employing and monitoring the performance of the chief executive and
• ensuring the council fulfils its responsibilities to be a ‘good employer’ and meets the requirements of the Health and Safety at Work Act 2015.
• The Chairperson is elected by the members of the Council at the first meeting. In addition to the role as a member, the Chairperson is:
  • Presiding member at Council meetings, and responsible for ensuring the orderly and effective conduct of business during meetings (as determined by standing orders).
  • Advocate on behalf of the community - promoting the community and representing its interests.
  • Ceremonial Head of Council.
  • Provider of leadership and feedback to other elected members on teamwork and Chairmanship of committees.

The Deputy Chairperson is elected by the Members of the Council at the first meeting of the Council, and exercises the same roles as other elected Members. In addition, if the Chairperson is absent or incapacitated, or if the office of Chairperson is vacant, then the Deputy Chairperson must perform all the responsibilities and duties, and may exercise the powers of the Chairperson (as summarised above).

The Council may create one or more Committees of Council. A Committee Chairman is responsible for presiding over meetings of the Committee, ensuring that the Committee acts within the powers delegated by Council.

Code of Conduct

Elected members have specific obligations governing their conduct, set out in the following legislation.

• Schedule 7 of the Local Government Act 2002, which includes obligations to act as a good employer in respect of the Chief Executive and to abide by the current code of conduct and standing orders
• The Local Authorities (Members’ Interests) Act 1968 which regulates the conduct of elected members in situations where there is, or could be, a conflict of interest between their duties as an elected member and their financial interests (either direct or indirect)
• The Secret Commissions Act 1910, which prohibits elected members from accepting gifts or rewards which would be seen to sway them to perform their duties in a particular way
• The Crimes Act 1961 regarding the acceptance of gifts for acting in a certain way and the use of official information for private profit
• Under Schedule 7 Part 15 of the Local Government Act 2002 Council is required to adopt a Code of Conduct for members of the Council, which Hawke’s Bay Regional Council did by resolution at its meeting held on 30 November 2016. A copy can be provided by request to the Principal Advisor Governance (ph 833 8017) or viewed on HBRC’s website.

Regional Council and Committee meetings are open to the public, except where items of business specifically exclude the public. Meeting dates and times are published in Hawke’s Bay Today and on Council’s website here. Following the elections in October 2016, the Council reviewed its committee structure and established the following committees.

Permanent Committees

• Environment and Services Committee
• Corporate and Strategic Committee
• Finance, Audit and Risk Sub-committee
• Regional Planning Committee
• Hearings Committee
• Tenders Committee
• Māori Committee
• Regional Transport Committee (required by statute)
• Hawke’s Bay Civil Defence Emergency Management Group Joint Committee (required by statute)
• Clifton to Tangoio Coastal Hazard Strategy Joint Committee
• Hawke’s Bay Drinking Water Governance Joint Committee

Joint Committees

• Hawke’s Bay Civil Defence Emergency Management Group Joint Committee (required by statute)
• Clifton to Tangoio Coastal Hazard Strategy Joint Committee
• Hawke’s Bay Drinking Water Governance Joint Committee

 Find out more about Council Committees here. 

The legal requirements for Council meetings are set down in the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987 (LGOIMA).

All Council and committee meetings must be open to the public unless there is reason to consider some items ‘in committee’. The LGOIMA contains a list of the circumstances where Councils may consider items with the public excluded. These circumstances generally relate to protection of personal privacy, professionally privileged or commercially sensitive information, and the maintenance of public health, safety and order. The Council agenda is a public document, although parts may be withheld if the above circumstances apply.

Although meetings are open to the public, members of the public do not have speaking rights unless prior arrangements are made with Council.

Agendas are available from reception two days before each meeting or on the Council website. The Council also hosts public meetings on occasions, at venues throughout the region, to discuss planning issues, work programmes or other concerns that require public input.

The Chairperson is responsible for maintaining order at meetings and may, at his or her discretion, order the removal of any member of the public for disorderly conduct, or remove any member of Council who does not comply with standing orders.

Minutes of meetings must be kept as evidence of the proceedings of the meeting and are made publicly available, subject to the provisions of the LGOIMA.

For an ordinary meeting of Council, at least 14 days notice of the time and place of the meeting must be given. Extraordinary meetings can be called by the Chairperson or Chief Executive provided notice of that Extraordinary meeting is given to each member of the council, by whatever means reasonable in the circumstances, at least 24 hours before the time appointed for the meeting.

During meetings the Chairperson and Councillors must follow Standing Orders (a set of procedures for conducting meetings). The Council may suspend Standing Orders by a vote of 75% of the members present.

Long Term Plan Significance and Engagement Policy

Special Consultative Procedure

In some cases, and as we are required under the Act, HBRC will use the special consultative procedure to issue a proposal.  When that happens, the proposal will be open to the community to provide their views for at least a month. The process we will follow is to:

• Prepare and adopt a statement of proposal, and in some cases a summary of the statement of proposal which is:
• a fair representation of the statement of proposal
• in a form determined by HBRC, i.e. published online, in the newspaper and/ or in HBRC’s regional newsletter, so long as it is distributed as widely as reasonably practical
• indicates where it is available
  • states how long it is open for public submission
• Make publicly available (at Council offices, through interest group distribution lists, at Public Libraries, on HBRC’s website):
• the statement of proposal
• a description of how people can present their views
  • a statement of the period the proposal is open for comments
• Make the summary of proposal widely available
• Allow people to present their views to HBRC ensuring that they have a reasonable opportunity to do so and know how and when this opportunity will be available to them
• Allow people to present their views by audio link or audio-visual link, or as agreed.

HBRC may also request advice or comment from a Council officer or any other person.

Where HBRC is required to use the special consultative procedure as part of making or amending bylaws, the statement of proposal must include:

• A draft of the proposed bylaw, or the proposed amendment of the bylaw
• The reasons for the proposal
• A report on any determinations made under the Act on whether a bylaw is appropriate.

Where HBRC is required to or chooses to use the special consultative procedure, the statement of proposal is a draft of any plan, policy or similar document or in any other case a detailed statement of the proposal which must include:

• The reasons for the proposal
• An analysis of options
• Any other relevant information.

Statement on the Development of Māori Capacity to Contribute to Decision Making Processes

Under the Local Government Act 2002, a local authority must establish and maintain processes to provide opportunities for Māori and foster Māori capacity to contribute to the decision-making processes of the local authority.

This statement sets out the avenues to develop Māori capacity to contribute to Council’s decision-making processes.

Regional Planning Committee

Treaty Settlements with Hawke’s Bay claimant groups are significant for HBRC where they relate to natural resource management and cultural redress.

HBRC and the Treaty claimant groups worked collectively to establish the Regional Planning Committee. This was formally adopted by the Council in September 2011 and the first Regional Planning Committee meeting was held in April 2012.

The Hawke’s Bay Regional Planning Committee Act came into effect in August 2015. This Act formalises the statutory existence of the Committee. The purpose of this Act is to improve tāngata whenua involvement in the development and review of documents prepared in accordance with the Resource Management Act 1991 for the Hawke’s Bay region. The RPC comprises equal numbers of elected members and Treaty settlement claimant representatives. All committee members have full speaking and voting rights.

When the committee has prepared a plan or policy statement or a change to either of these, it recommends the document to HBRC for formal adoption and public notification. HBRC cannot then make amendments before notification but must refer the document back to the committee for its further consideration should it not agree with the Committee’s recommendation.

Māori Committee

HBRC has had a representative group of Ngati Kahungunu tāngata whenua as its Māori committee since 1991, one of the first councils in New Zealand to do so.

The committee consists of 12 Māori members, three from each of the four Taiwhenua within HBRC boundaries plus three councillors.

The committee meets every third month and considers relevant issues and provides the Council with recommendations, taking into account tāngata whenua views, expectations and aspirations.

The Charter

In 1994 a charter was developed which set out the way in which the Māori committee and HBRC would engage. The Charter was last reviewed in October 2017 and includes HBRC’s responsiveness to its statutory obligations including policies aligning to the Te Tiriti O Waitangi, resource consents consultation, and communication and engagement. Consultation policies will be developed as part of the Māori Committee’s 2018/19 work programme specifically defining how it will be involved in decision-making processes.

Giving effect to co-governance

In summary, capacity building processes for tāngata whenua include:

• Nine treaty settlement claimant group members sit alongside nine elected members on the Regional Planning Committee 
• The Chair of the Māori Committee sits in HBRC meetings as a non-voting participating member
• A tāngata whenua member from each of the RPC and Māori committees sits on the following Council committees:

Regional Transport Committtee
Corporate and Strategic Committee|
Environment and Services Committee
Hearings Committee

Giving effect to co-management

HBRC is committed to building the cultural competency of all its staff to ensure effective co-management of the region’s natural resources. HBRC is developing a cultural competency framework to enable staff to understand te reo (Māori language), tikanga (protocols) and te taiao (environment through a Māori lens).

This will provide staff with the knowledge and tools for engaging appropriately with tāngata whenua.

HBRC recognises Mātauranga Māori and Kaitiakitanga are emerging fields of Council business therefore formal engagement of this capability is sought when needed. A new position of Tumuaki will strengthen our knowledge of Mātauranga Māori and enhance relationships with tāngata whenua of our region.

HBRC recognises that treaty settlements are accelerating change, and as such provide Council with both challenges and opportunities. HBRC will work to incorporate legislative requirements of post-Treaty settlement arrangements and tāngata whenua engagement into our day-to-day business processes, aiming for Māori partnerships to become business as usual.

Strengthening relationships

A fundamental partnership exists between HBRC and the Treaty Settlement Groups. While this is tangibly demonstrated through the Regional Planning Committee, HBRC is committed to meeting with the Post settlement governance entities on a regular basis to discuss matters of concern beyond the remit of the Regional Planning Committee. HBRC has continued to forge strong relationships with individual marae communities and hapu groups as well as with the Treaty claimant groups, both inside and outside of the Regional Planning Committee.

HBRC staff and councillors attend hui throughout the region involving particular marae communities to listen to particular issues that those communities have, and to assess where Council can best help. Some of those strong relationships have seen Council and marae work in tandem on issues affecting that particular community. These relationships have been particularly positive in assisting marae communities to enhance waterways and develop initiatives that affect broader marae communities

Council is supported by a professional corporate organisation, led by the Chief Executive. Officers provide Council with policy advice and are responsible for implementing Council’s policies to achieve the results Council wants.

Introduction

In February 2012 Hawke’s Bay Regional Council (HBRC) established a Council Controlled Trading Organisation called the Hawke’s Bay Regional Investment Company Limited (HBRIC Ltd). HBRC has a 100% shareholding in HBRIC Ltd which has a 100% shareholding in the subsidiary company, the Port of Napier Limited (PONL).

To facilitate a reduced Council holding in Napier Port, it is likely that a newly incorporated subsidiary of HBRIC would become the holding company of PONL. Post the formation of any HoldCo, all shares in PONL wouldl be transferred to HoldCo pursuant to a sale and purchase arrangement between HoldCo and HBRIC Ltd. HoldCo would then issue a yet to be determined quantum of new shares on the New Zealand Stock Exchange (NZX), diluting HBRIC Ltd’s holding in HoldCo to a minimum of 51%. In return, HBRIC Ltd will receive a portion of IPO proceeds. The dilution may occur in multiple phases over time, never falling below 51% without a special consultative process.

A strategic asset is defined in the Local Government Act 2002 as “an asset or group of assets that the local authority needs to retain to maintain its capacity to achieve or promote any outcome that it determines to be important to the current or future well-being of the community”. Council’s strategic assets are listed in its Significance and Engagement Policy. HoldCo would also become a strategic asset once it owned shares in PONL.

For the purposes of this LTP, the CCO is named HoldCo but it is likely that, upon its formation, an alternative name would be given to the entity.

Hawke’s Bay Regional Investment Company Limited

Policy and Objectives in Relation to Ownership and Control

HBRC will retain majority ownership of HoldCo/PONL through its wholly owned investment company. HBRIC Ltd and PONL are both strategic assets of HBRC and will therefore require a special consultative process if there was to be any dilution of the shareholding below 51%,

HBRC’s objectives in setting up HBRIC Ltd are to:

• Enhance HBRC’s capability to actively manage transferred strategic assets.
• Improve net financial and economic returns from these assets.
• Provide flexibility of operation not otherwise available directly to HBRC which would increase returns to HBRC from its ongoing financial management.

Nature and Scope of the Activities

The nature and scope of HBRIC Ltd’s activities are to:

• Own and manage the investment assets and liabilities transferred to it by HBRC.
• Encourage and facilitate subsidiary and associated companies to increase shareholder value and regional prosperity through growth, investment and dividend payments.
• Ensure that best practice governance procedures are applied to the key regional infrastructure and financial investments that are under HBRIC Ltd’s ownership.
• Monitor the performance of each subsidiary and associated company against their stated economic, environmental and social performance objectives and against relevant benchmarks, ensure that they have proper governance procedures in place, and promote sustainable business practices.
• Advise HBRC on strategic issues relating to its investments including, but not limited to, ownership structures, capital structures and rates of return.
• Perform financial, custodial and other functions required by HBRC which may include:

- Grouping together HBRC’s ownership of its subsidiary companies.
- Separation of the subsidiary companies from the ordinary operations of HBRC.
- Smoothing the cash flows to HBRC from its subsidiary companies.
- Enabling diversification of the Region’s income streams for the benefit of ratepayers.
- Enhancing HBRC’s capability to manage an active investment policy.

• Comply with the LGA provisions requiring a special consultative process, and with HBRC policies, in regard to any disposal or part-disposal of shares in any Strategic Asset, for example by way of part sales of shares in Napier Port. 
• Advise HBRC of any material capital expenditure projects by HBRIC Ltd or via its subsidiaries

Key Performance Targets

HBRIC Ltd is to actively manage its allocated investment portfolio and any new investment it makes to ensure:

• Growth in long term shareholder value
• Increased financial and strategic returns
• Investments are secure and sustainable over the long term
• Investments will assist achievement of HBRC’s regional strategic development objectives.

HoldCo

Once HoldCo is established it will become a strategic asset of HBRC.

Policy and Objectives in Relation to Ownership and Control

HBRC’s and HBRIC’s objectives in setting up HoldCo are to:

• Create a NZX listed entity which is the sole entity to offer new shares to the public.
• Create a corporate and governance structure accountable to all shareholders. The constitution of HoldCo will require the board of HoldCo to mirror the board of PONL. Nature and Scope of the Activities

Nature and Scope of the Activities

The nature and scope of HoldCo’s activities are to:

• Own and oversee the successful operation of PONL
• Meet NZX regulatory requirements and be the listed entity which is subject to the NZX lisiting rules and other financial markets legislation.
• Ensure that best practice governance procedures are applied to Holdco and PONL

Key Performance Targets
The key performance targets of HoldCo are:

• Encourage and oversea growth in long term shareholder value
• Encourage and oversea increased financial and strategic returns
• Ensure investments in PONL are secure and sustainable over the long term
• Ensure socially responsible operation of PONL
• Support ongoing growth of the regional economy

Introduction

Hawke’s Bay Regional Council has had a strong commitment to an Equal Employment Opportunity Policy and Programme since 1990.  The philosophy and reasoning for adopting an EEO Policy have become an integral part of the operations of Council. All new staff are issued with a pamphlet outlining the Council’s commitment to EEO.

Council Policy

Hawke’s Bay Regional Council is committed to a policy of equal employment opportunities for all employees and potential employees.  The Council regards the elimination of any discrimination and the provision of equal opportunities, as essential principles in the management of staff resources.

The Council affirms this commitment through a policy of positive action by adopting constructive policies and practices for equal opportunities in all aspects of employment, including: recruitment, selection and appointment, education, training and development, career planning and promotions. Personnel policies shall apply equally to all staff employed by Council. The Council actively endorses the policy of giving preference to the person best suited to the position - this is known as the merit principle. However, no employee or potential employee, shall gain any advantage or suffer any disadvantage for reasons such as: race, colour, disability, nationality or ethnic origin, gender, age, marital status, personal sexual preference, religious or political beliefs.

Equal Employment Opportunity Goals

The programme goals are:

• To provide equal employment opportunities for any person applying for a position with the Council
• To establish a workplace that is free from harassment and discrimination
• For all staff to have an understanding of, and commitment to, Equal Employment Opportunity policies and practices
• The achievement of equitable training and personal development for all staff employed by the Council.

A full copy of the Council’s EEO policy is available from the Human Resources Manager.

The following have been identified as key Council planning and policy documents. A number of these documents are currently under review. To view or to find out more about these plans, reports, policies and strategies see Council’s website: www.hbrc.govt.nz.

The Council has prepared a number of plans and strategies under various pieces of legislation, including the Local Government Act 2002, Resource Management Act 1991, Biosecurity Act 1993 and the Land Transport Management Act 2003.

Biosecurity Act

Resource Management Act

Land Transport Management Act 2003

Local Government Act

Council Policies

Complaints

All complaints are presently dealt with through the Chief Executive’s office. Complaints are received and acknowledged by the Chief Executive’s Executive Assistant, then recorded onto an action list stating the action required, person responsible and timeframe for action (10 days from the date of letter). The complaint is then sent through to the appropriate Group Manager to action and respond. Copies of any resultant correspondence to the complainant and records of any action taken are provided to the Chief Executive for information.

Requests for Official Information

Under the Local Government Official Information and Meetings Act 1987 (LGOIMA) any person may request information from the Council. Any request for information is a request made under LGOIMA. You do not have to say you are making a request under LGOIMA.

Once a request is made the Council must supply the information unless reason exists for withholding it. The LGOIMA says that information may be withheld if release of the information would:

• Endanger the safety of any person
• Prejudice maintenance of the law
• Compromise the privacy of any person
• Reveal confidential or commercially sensitive information
• Cause offence to tikanga Māori or would disclose the location of waahi tapu
• Prejudice public health or safety
• Compromise legal professional privilege
• Disadvantage the local authority while carrying out negotiations or commercial activities
• Allow information to be used for improper gain or advantage.

The Council must respond to requests within 20 working days (although there are certain circumstances where this timeframe may be extended) and is allowed to charge for official information under guidelines set down by the Ministry of Justice.