Nelson City Council

Council has established the following portfolios, each of which is subject to political oversight by an elected Councillor:

• Community Services;
• Infrastructure;
• Governance;
• Policy and Planning; and
• Economic Development

Council business will be covered over a six week rotation, with Council meetings normally in week three and week six.   Matters pertaining to the Community Services and Infrastructure Portfolios will be covered at the week three meetings and those of Governance and Policy and Planning in week six.  Notwithstanding this, if any matters require urgent consideration then they can be brought to any of the Council meetings. Portfolio holders, members of committees and other organisations are outlined in the schedules.

Community Services

 The Community Services  portfolio has oversight of the provision of Council‘s community activities as follows:

• Parks, reserves and open spaces
• Recreation and leisure
• Community facilities
• Culture, heritage and arts
• Community programmes
• Environmental programmes
• Social development
• Community leases
• Policies relating to Community Services issues

Infrastructure

The  Infrastructure  portfolio has  oversight  of the  provision  of Council‘s infrastructure activities and capital projects as follows:

• Roading and transport
• Traffic management
• Subdivisions
• Waste management (transfer station, landfill, recycling)
• Sewerage
• Storm water
• Water supply services
• Heart of Nelson
• Policies relating to Infrastructure issues

Governance

The Governance portfolio has oversight of:

• Subcommittee reporting  including  the  Economic  Development,  Audit  Risk  and Finance and Joint Shareholders Committees
• CCOs/CCTOs  and  the  consideration  of  Statements  of  Intent/Statements of Expectation and director appointments for each entity, routine reporting from the entities (1/2 year report and annual report) and any other special reporting
• The  governance  arrangements  of  all  other  entities  in  which  Council  has  a governance interest
• Matters relating to the administration of statutes or the application of bylaws (except hearings)
• Council owned and leased commercial property including Civic House
• Council‘s regulatory functions
• Policies relating to Governance issues

Policy and Planning

The Policy and Planning portfolio has oversight of:

• Ensuring that an integrated approach to policy development, which contributes towards the long term strategic vision of the Council is taken
• Council‘s statutory responsibilities with regard to strategic planning (e.g. Reserve Management Act 2002, Local Government Act 1991)
• Ensuring appropriate options are considered in determining the future levels of Council services and activities, and that policies are in place to ensure their delivery
• Ensuring appropriate Council responses to new issues as they arise
• Policies relating to Policy and Planning issues

Economic Development

The Economic Development portfolio has oversight of:

• The changing economic conditions in the Nelson Tasman region and identifying how the Council can best utilise opportunities and mitigate threats to the region‘s economic growth
• Considering proposals to increase economic growth of the region
• Working with agencies involved in economic development including the Nelson Tasman Business Trust, the Nelson Regional Economic Development Agency, the Nelson Tasman Chamber of Commerce and appropriate Government agencies

Committees

The Council has established the following Committees:

• Audit, Risk & Finance Committee
• Civil Defence Emergency Management Group
• Economic Development Committee
• Hearings Panel
• NCC/TDC Joint Shareholders Committee
• Nelson Regional Sewerage Business Unit
• Resource Management Act Procedures Committee
• Regional Transport Committee
• Remuneration Review Committee
• Nelson Tasman Regional Pest Management Committee
• Nelson Central Relief Fund Committee

The Hearings Panel has neither a portfolio holder nor a standing chairman. Each meeting of this Panel is treated as a new meeting and a Chairman is appointed from among the pool of Commissioners.

A committee may include other persons outside of Council, but must include at least one elected member.

A sub-committee may comprise elected members or staff or other persons.

A local authority or committee may appoint to any committee or sub-committee, as the case may be, any person who is not a member of the local authority or committee, if, in the opinion of the Council, that person has the skills, attributes or knowledge that will assist the work of the committee or subcommittee. Notwithstanding this, no employee of a local authority acting in the course of their employment may act as a member of any committee unless that committee is a sub-committee.

Policies Regarding How Committees Operate

Co-opting persons onto Council Committees or representation on outside organisations on behalf of the Council (other than CCTOs, CCOs or COs)

Where the Council decides that there is a need to co-opt a person with special expertise to assist the work of a committee or sub-committee, or to represent the Council on an outside organisation, any member of the Council or committee may nominate a person to be appointed.

The member nominating shall provide details to the Council of the special knowledge and expertise the particular person has, which will assist the work of the committee or organisation.

Where a committee is seeking to co-opt a person, the committee shall provide these details in respect of each person nominated and shall make a recommendation to the Council.

1. Matters taken account of:

     a. The experience and particular expertise relevant to the committee which the proposed appointee may have;

     b. The qualifications of any proposed appointee; and

     c. Any references which may be submitted.

2. Appointments will be made by Council resolution which will include:

     a. The term of the appointment;

     b. Any remuneration to be paid.

Appointments to Council Controlled Organisations (Schedule 3 & 4)

From time to time the Council may appoint councillors, officers or others to the boards or management committees of companies and organisations associated with the Council. These appointments will be made in accordance with the Council‘s policy for the appointment of directors and trustees. The current policy provides:

     a. The selection of potential directors;

     b. The process for appointment of directors;

     c. The remuneration of directors;

     d. Reappointment of directors; and

     e. For the appointment of elected members as directors.

The Council may also make appointments to Council Controlled Organisations jointly with the Tasman District Council.

Appointments to other organisations as set out in schedule 5

Appointees to other organisations have a role as follows:

     a. Liaison: to be an interface between the Council and the organisation;

     b. Engagement: to involve people and organisations in the decisions that affect them; and

     c. Representation: to represent Council‘s financial interests in an organisation.

Terms of Reference for Committees

There are a number of policies regarding the way in which committees operate.

     a. Policies set under delegated authority must comply with the applicable legislation and must not conflict with Council policy or provide for expenditure for which the Council has made no allocation.

     b. A committee may appoint a sub-committee. It may further delegate its functions, if specifically authorised by the Council. Any further delegations of an ongoing nature shall be included in this register by amending it.

     c. A committee is to be conscious of the needs and wishes of the community when setting policy, and to that end may consult with interested groups or organisations, but should do so within the context of the consultation processes established by the Council.

     d. A committee is not obliged to exercise its delegations, particularly where there is significant difference of opinion on a matter among the members at a meeting, or where the Council is considered likely to deal with the matter differently. In such cases, the committee is likely to refer the matter to the Council for debate and determination.

     e. Committee Chairs should inform the Mayor of any significant policy or procedural matters arising at committee meetings.

     f. Any proposal for expenditure not allowed for in the Council‘s estimates of expenditure is to be referred to the Council.

     g. A committee may consider new policy proposals not allowed for in the estimates, annual plan or LTCCP, with a view to recommending their adoption by the Council.

     h. A committee or officers having delegated functions may, after the end of any financial year and until such time as the estimates and annual plan for the following financial year have been approved, continue to exercise those delegations at levels of expenditure not greater than those provided for in the estimates for the previous year.

     i. Where a committee has the delegated authority to formulate policy in respect of any matter, whether or not ratification is required by the Council, it shall unless and until a specific authority is delegated to any other committee or officer, be deemed also to have the delegated authority to make decisions on any application made to the Council in accordance with or pursuant to that policy.

Joint Local Authority Committees

The Council may unite with any one or more local authority or other public bodies in appointing a joint standing committee or joint special committee for any purpose in which the local authorities or public bodies are jointly interested. Any committee appointed under this section shall be deemed to be both a committee of the local authority and (subject to the law for the time being applicable to committees of any other participating local authority or public body) a committee of the other local authority or public body.

The Council may from time to time appoint members of these joint committees. The powers to discharge any individual member and appoint another in his or her stead shall be exercisable by the local authority or public body that made the appointment.

Payment for outside meetings

Under the Council‘s remuneration system for elected members, no meeting allowance is payable to Councillors or the Mayor for attending outside meetings.

However where the Council appoints a person from outside the Council to represent its interests on any committee or organisation a meeting fee will be paid.

The present payment is $160 per day (GST exclusive).