Nelson City Council

Audit, Risk and Finance Committee

Functions

1. To assist the elected representatives in discharging their responsibilities by ensuring compliance procedures are in place for all statutory requirements relating to the operation of the Council, in particular, with regard to reporting safety, service quality and regulations, financial reporting and risk management
2. To ensure an adequate structure of internal controls is in place to safeguard council assets and to minimise risks for staff, management and councillors
3. To  ensure  appropriate procedures are  being  complied with in relation to the financial and statutory requirements for the Council and to review the Council‘s financial statements

Rules regarding meetings

1. External auditors will have the right to attend meetings and request additional meetings
2. The minutes of the meetings will be distributed to the Council and to the external auditors
3. A quorum shall consist of two members. The committee may include one non elected member appointed by the Council

Specific delegations

1. The Committee may discuss any matters within its functions with staff members and external auditors.  The external auditors and staff shall have the ability to approach the Committee directly with matters of concern
2. Power to participate in agreeing with the scope of the external audit, in order to ensure it addresses any areas of concern
3. Power to  review the  external  audit, and  the  report thereon in  particular the treatment of any proposed audit adjustments
4. Power to review the Council‘s draft financial statements  prior to their approval by the Council
5. Power to be involved in the tender process when the provision of audit services is up for renewal
6. Power to review significant transactions or estimates which are not part of the council‘s routine business and those of a subjective nature which may have a material impact on the Council‘s results and to make recommendations to the full Council
7. Power to review all financial reports proposed to be made public, prior to their release
8. Power to evaluate the Council‘s exposure to fraud with a view to minimising this risk
9. Power  to  direct  and  review  the  internal  systems and  controls for  monitoring compliance with regulatory or legal requirements
10. Power to review proposed changes in accounting policies or presentation and to make recommendations to the Council
11. Power to review an    appropriate    scheme    of    delegation    including authorisation/signatory limits and makes recommendations to the Council
12. Power to audit all major capital expenditure decisions above $750,000 for accuracy of  both  figures and  assumptions prior to  their submission to  the  Council  for approval
13. Power to direct a review of all capital expenditure decisions over $750,000, within 12  months of  completion of  the project to  ensure the  costs and  benefits as predicted were accurate and that the project was properly managed
14. Power to write off outstanding accounts receivable or remit fees and charges of amounts over $2500

Civil Defence Emergency Management Group

(Civil Defence Emergency Management Act 2002)

Functions

1.    The functions of a  Civil Defence Emergency Management Group, and of  each member, are to—

       a. in relation to relevant hazards and risks:

          i.identify, assess, and manage those hazards and risks

          ii.consult and communicate about risks

          iii.identify and implement cost-effective risk reduction

       b. take all steps necessary on an ongoing basis to maintain and provide, or to arrange the provision of, or to otherwise make available suitably trained and competent personnel, including volunteers, and an appropriate organisational structure for those personnel, for effective civil defence emergency management in its area

       c. take all steps necessary on an ongoing basis to maintain and provide, or to arrange the provision of, or otherwise to make available material, services, information, and any other resources for effective civil defence emergency management in its area

       d. respond to and manage the adverse effects of emergencies in its area e. carry out recovery activities

       f. when requested, assist other Groups in the implementation of civil defence emergency management in their areas (having regard to the competing civil defence emergency management demands within the Group's own area and any other requests for assistance from other Groups)

       g. within its area, promote and raise public awareness of, and compliance with, this Act and legislative provisions relevant to the purpose of this Act

       h. monitor and report on compliance within its area with this Act and legislative provisions relevant to the purpose of this Act

       i. develop,  approve,  implement,  and  monitor  a  civil  defence  emergency management group plan and regularly review the plan

       j. participate  in  the  development  of  the  national  civil  defence  emergency management strategy and the national civil defence emergency management plan

       k. promote civil defence emergency management in its area that is consistent with the purpose of this Act

2.    The Civil Defence Emergency Management Group also has any other functions that are conferred or imposed by or under this Act or any other enactment.

Specific delegations

1.    The Civil Defence Emergency Management Group has all the powers that are reasonably necessary or expedient to enable it to perform its functions, including the power to delegate any of its functions to members, the Group Controller, or other persons.

2.    Without limiting the generality of section 1. above, the Group may:

       a. recruit and train volunteers for civil defence emergency management tasks:

       b. conduct civil defence emergency management training exercises, practices, and rehearsals:

       c. issue and control the use of signs, badges, insignia, and identification passes authorised under this Act, regulations made under this Act, or any civil defence emergency management plan:

       d. provide, maintain, control, and operate warning systems:

       e. provide communications, equipment, accommodation, and facilities for the exercise of its functions and powers during an emergency:

       f. exercise any other powers that are necessary to give effect to any civil defence emergency management plan.

Economic Development Committee

Functions

1. The Committee is responsible for the consideration of large scale events like RWC 2011 and is to provide recommendations to Council - Governance as to whether or not to consider the opportunity further.
2. The Committee will report to Council - Governance.

Specific Delegations

1. Consider  requests  for  funding  over  $50,000  recommended  by  the  Events Management Committee for the Events Strategy Funding.

2. Provide leadership, support and advice in relation to the creation of business legacy through RWC 2011 and that this be achieved through:

    a. monitoring and reviewing tourism outcomes

    b. receiving  verbal  updates  at  each  meeting  of  the  Committee  from  the Economic Development Agency and Nelson Tasman Tourism regarding progress on RWC 2011 business opportunities

    c. facilitating Council business community interactions to help maximise RWC 2011 legacy opportunities

    d.     provision of Councillor ambassadors and hosts.

3. Considers Council‘s role in economic development  and in doing so the Committee prepares a draft Statement of Expectation for the Nelson Regional Economic Development Agency for Council consideration.

4. Considers Council‘s role in economic development in preparation for the Long Term Plan.

Membership

1.     All Councillors are members of this Committee.

2.     The Committee will meet every six weeks until the end of RWC 2011 and will be called when necessary after that time.

Hearings Panel

Functions

1.     To conduct hearings and/or determine under delegated authority applications for consent and all other matters required to be heard and determined by way of hearing under the Resource Management Act 1991

2.     To  conduct  hearings  and/or  determine  under  delegated  authority  applications relating to the Sale of Liquor Act 1989, the Dog Control Act 1996, the Fencing of Swimming Pools Act 1987, and other legislation as determined by the Council.

Membership

1.     All Councillors are appointed as Hearing Commissioners for matters relating to the Sale of Liquor Act 1989, the Dog Control Act 1996, the Fencing of Swimming Pools Act 1987, and other matters not covered by the Resource Management Act 1991.

2.     The Executive Manager Regulatory may appoint one or more Commissioners, and appoint a Chairman, to constitute the Hearings Panel in relation to any particular application.

3.     Councillors  appointed  as  Hearings  Commissioners  for  any  hearing  under  the Resource Management Act 1991 shall be drawn from those who have successfully completed a ―Making  Good Decisions‖ or other appropriate Resource Management Act Course.

4.     For matters under the Sale of Liquor Act 1989, Commissioners will convene as the District Licensing Agency (DLA) and the Secretary of the DLA will appoint members to a hearing.

5.     Commissioners appointed as Chair of any panel shall be drawn from those who have successfully completed the Chairs course of the ―Making Good Decisions‖ or other appropriate training course.

6.     The  Executive  Manager  Regulatory  may  appoint  one  or  more  Independent Commissioners to either assist the Hearings Panel or to hear and determine any particular application.

Specific delegations

1.     Power to hear and determine contested resource consent applications, and sale of liquor applications, and all procedural matters.

2.     Power  to  hear  and  determine  uncontested  resource  consent  applications,  or applications for reduction of esplanade reserve or proposals for reserves, not consented to by the Executive Manager Regulatory, Manager Resource Consents or Team Leader Resource Consents.

3.     Power to hear and determine all objections to decisions on fees and extensions of time, and changes of conditions.

4.     Power to hear and determine all publicly notified applications for Certificate of Compliance or Existing Use Certificates or cancellations of consents.

5.     Power to review the conditions of a resource consent and the power to hear and determine the same. (Section 128 RMA)

6.     Power to refuse subdivision consent. (section 106 RMA)

7.     Power to appoint a panel to hear and determine with any other consent authority any application requiring a joint hearing.

8.     Power to hear and recommend appropriate actions from hearings of designations and heritage orders.

9.     Power  to  hear,  consider  and  attempt  to  resolve  contested  road  stopping procedures.

10.   Power to hear and determine all matters arising from the administration of the Building Act 1991, and the Building Act 2004.

11.   All the powers, duties, and discretions of Council as a District Licensing Agency under the Sale of Liquor Act 1989, including the hearing and determination of all matters to which there is a right of objection to the Liquor Licensing Agency.

12.   The power to delegate to the Secretary of the District Licensing Agency (Executive Manager Regulatory acting for the District Licensing Agency), or any subcommittee, such of those powers, duties, and discretions as relate to any matter that is the subject of any application under the Sale of Liquor Act, 1989, to which no objection has been received.

13.   Power to consider and determine applications for exemptions from the Fencing of Swimming Pools Act, 1987.

14.   Power to hear and determine objections to the classification of dogs, and all other procedural matters for which a right of objection and hearing is provided for under the Dog Control Act, 1996; and to recommend changes to the Council‘s Dog Control Policy and Dog Control Bylaw.

15.   Power to name all features within the city requiring naming including roads, streets, service  lanes,  plazas,  parking  areas,  parks,  reserves,  gardens  and  all  public facilities or infrastructure.

16.   Power to provide advice to applicants on appropriate names for private roads, rights of way or other legal forms of private access to property.

Joint Shareholders Committee (with Tasman District Council)

Functions

To negotiate and develop recommendations to the two Councils in respect of all statutory requirements and funding proposals pertaining to the jointly owned Council Controlled Organisations and joint ventures other than Emergency Management.

Specific Delegation

1.     Power to review and negotiate amendments to the Statements of Corporate Intent and Business Plans relating to the jointly owned Council Controlled Organisations, and to recommend the adoption by the Council of such documents.

2.     Power to add to or remove names from any list of potential directors/trustees for Council Controlled Organisations.

3.     Power to recommend persons for appointment to the position of Director/ Trustee of jointly owned Council Controlled Organisations.

4.     Power to represent the Council in all matters relating to shareholder interest in the jointly owned Council Controlled Organisations and joint ventures within policy set by the Council.

5.     Power to discuss any other matters that relate to the Joint shareholdings.

6.     Authority to discuss and make recommendations to the Council on any matter that relates to the Council‘s Joint Shareholding.

7.     Power to represent each Council in all matters relating to shareholder interest in the jointly owned Council Controlled Organisations and Joint ventures.

Procedure

1.     No matter shall be referred from the Committee to the two Councils unless the vote at the Committee is carried by no less than 2 members from each Council.

2.     Any matter referred from the Committee, if not adopted as recommended by the Committee, shall be referred back to the Committee for further consideration.

3.     Any matter referred from the Committee, which is adopted by the Council shall carry the rider that it shall be subject to adoption by the Tasman District Council and if not also adopted by that Council, shall be referred back to the Committee.

4.     Standing Orders to be applied at each meeting shall be Model Standing Orders NZS 9202:2003.

5.     The Chairperson shall alternate on a per meeting basis between both Councils and the Chairperson shall not have a casting vote.

Nelson Regional Sewerage Business Unit

Functions

To manage the treatment facilities comprising the Bells Island treatment plant and supporting network, efficiently and in accordance with resource consent conditions to meet the needs of its customers, and to plan for the future needs of the community in a cost efficient and environmentally sustainable manner.

Delegations

Power to represent the Nelson City Council on all matters of management, administration and operation of the Business Unit.

Resource Management Act Procedures Committee

Functions

1.     To deal with administrative and procedural matters related to appeals to the Nelson Resource Management Plan (NRMP) and regional plans and policy statements and any changes thereto

2.     The Committee is to report all matters that it considers may have policy or wider implication for the Council or Nelson community, to the Council.

3.     To determine the strategy or extent of any changes or variations to decisions which Council has made on the NRMP, regional plans or policy statements, to be followed in any arbitration, mediation, or appeal before the Environment Court.

4.     To deal with administrative and procedural matters related to matters of national significance and matters arising from resource consents and plan changes to be determined by a Board of Inquiry or direct referral to the Environment Court including decisions to lodge appeals on resource consents.

Delegations

1.     In consultation with Council‘s legal advisers, power to enter into negotiations about and agreeing to, costs, consent orders, withdrawals and modifications during the course of any reference (and associated appeals on the NRMP, Regional Plan, or policy statements) before the Environment Court.  The Committee is to report all outcomes to the Council.

2.     Power to authorise staff to negotiate, mediate or arbitrate consent orders where appropriate and consistent with the above.

3.     Authority to waive requirements as to time limits, service, documentation and related administrative and procedural matters.

4.     Power to lodge appeals on resource consents in other jurisdictions where the Council was a submitter.

5.     Power to lodge appeals on  the  decisions of  a  requiring authority or  heritage protection authority.

6.     Power to lodge appeals at the High Court on points of law arising from a decision of a Board of Inquiry or Environment Court in consultation with the solicitors acting for the Council. All decisions are to be reported to the Council.

Regional Transport Committee

Functions

This Committee is required by the Land Transport Management Act 2003 to prepare the Regional Land Transport Strategy and Regional Land Transport Programme for Nelson for subsequent approval by the Council.

Delegations

1.    To develop a Regional Land Transport Strategy (RLTS)

2.    To develop a Regional Land Transport Programme (RLTP).

3.    To undertake any variations or changes to the RLTS or RLTP.

4.    To develop any Regional fuel tax scheme authorised by the legislation.

Remuneration Review Committee

Functions

1.     To undertake the annual performance review of the Chief Executive.

2.     The outcome of the review and any change to remuneration shall be confirmed by the Council.

Delegation

Power to undertake an annual review of the Chief Executive‘s performance over the previous financial year, and to determine the remuneration for the Chief Executive for the following year.

Nelson Tasman Regional Pest Management Committee

Functions

To prepare, consult on, determine submissions, and implement, with the Tasman District Council, a joint Regional Pest Management Strategy, and Annual Operational Plan.

Delegations

Power to represent the Nelson City Council at any discussions or consultations, to hear and determine submissions and make recommendations to Council on all policy matters relating to the functions of the Committee.

Nelson Central Relief Fund Committee

Functions

To administer the Nelson Central Relief Fund, being a fund established to relieve poverty and provide assistance to persons in need of short-term financial help.

Note: The Fifeshire Foundation is the entity which distributes by way of grants to those in need. The Foundation is required to provide details to the Council of the grants made.

Delegations

1.     The authority to consider and approve any grants to be made to the Fifeshire Foundation from the income of the Central Relief Fund.

2.     The authority to consider and approve any grant from the capital of the Central Relief Fund where exceptional circumstances warranting payment from the capital of the Fund exist.

Committees of the New Zealand Local Government Association (LGNZ)

Local Government NZ Regional Affairs Committee

Functions

The Committee‘s basic role and purpose is to represent politically, the combined interests of regional authorities.

It‘s aims and objectives include:

1.     To provide a central point of contact on matters of political and general policy concern to regional authorities.

2.     To advocate on behalf of and promote the activities and concerns of regional authorities.

3.     To co-ordinate and monitor matters appropriate and of importance to the activities of regional authorities.

4.     To research, evaluate and recommend policy positions on matters affecting regional authorities.

5.     To develop a pro-active co-ordination and networking function to interface with other sectors and agencies.

6.     To develop and promote an effective national communications strategy for regional authorities.

7.     The  Regional  Affairs  Committee is  a  committee of  the  NZ  Local  Government Association (LGNZ) with responsibilities to:

a.     Provide input to the National Council or Management Committee on those issues of significance to the regional level of local government

b.     Interface     with     political     and     sector     group     leaders     whose activities/actions/decisions are likely to affect the regional level of local government

c.     Act collectively on behalf of the regional level of local government where there is a majority agreement on a specific issue

d.     Identify policy issues on which it wishes to establish a position, define the concerns and set a brief

e.     Decide on options and recommendations submitted by either individual chairs, regional authorities, the Regional CEO‘s Group or working parties

f.     Undertake peer  group  reviews  including  on  the  performance of  regional authorities collectively (e.g. mandatory collection of resource rentals/coastal charges)

g.     Provide a forum for social interaction between regional authority chairs and

h.     Recommend  Regional  Affairs  Committee  annual  budgets  and  monitor expenditures.

Local Government NZ Zone 5 Committee

Functions

1.     To make appointments to the National Council of LGNZ

2.     To provide information and advice on issues and concerns affecting members to the National Council and the Chief Executive, and receive and disseminate information to their members

3.     To assist the National Council and the Chief Executive in dealing with national issues and in otherwise furthering the objects of the Association.

4.     Approve the Emergency Response Co-ordinator position using a local council to effect the contractual arrangements

5.     Provide specific Co-ordinating and Advisery Committee functions as they relate to the 4 R‘s as set out in the approved Emergency Management Arrangements for Nelson-Tasman  Emergency  Management  Plan  and  undertaken  by  the  Nelson Tasman Civil Defence and Emergency Management Group