19 March 2021
Media: Local Democracy Reporter
Topic: Elected member workshops
Enquiry
As per the attached [see HERE] Justin Adams has shared his LGOIMA request and his complaint to the Ombudsman about Rotorua Lakes Council's response.
I have some comments below from Justin as well.
I'd like to provide the council an opportunity for right of reply to Justin's comments and the Ombudsman complaint (attached).
I also have some questions:
- Does the council have any plans to release further information (other than the titles of the workshops/forums) on the contents of past workshops/forums? For example, presentations, information provided to councillors (excluding that which is commercially sensitive, personal/private information or to be withheld for some other reason under the LGOIMA)?
- How is a workshop or forum, where elected members and staff meet, different from a meeting?
- Why are the workshops/forums confidential?
Adams said workshops and forums should be open to the public and go into public-excluded sessions when and where appropriate.
"A workshop is a meeting, it's in the definition. To say [a forum or workshop] is not a meeting when the dictionary uses 'meeting' in the definition is nuts."
"My interest got piqued because workshops are referenced a lot [at the council] when making decisions.
"The public don't get to see that so we don't have a possible way to know what they're talking about."
"It's not a vindictive thing, I genuinely want to understand. How can you expect the public to understand decision-making if you're hiding information?"
He said, in his opinion, the council's decision to enter into a contract with the Trility consortium was an example of this, as the council made a "contrary decision to public opinion".
"Claiming a title is the content is crazy. 'Prostitution information session' - that could be anything. That's not content."
He said he understood there were some things that needed to be confidential under the law but workshops and forums were a meeting.
"So they should be following the LGOIMA.
"I don't have any issue with elected members or with council staff, but the way in which they conduct a lot of these functions, it appears they're operating on a 'less information for the public is better'. The bare minimum is an understatement. That's not an organisation aiming for high standards."
He did not accept the council's response stating the basis for the public-exclusion of workshops or forums was its governance statement.
"You can't pick and choose when you're going to apply the law. I can't declare I'm not going to pay my taxes."
Response
From Corporate Planning and Governance Manager Oonagh Hopkins:
Council is obliged to operate within the law and legislation that applies to local government, and is very aware of its obligations under LGOIMA. We acknowledge people's right to complain/object to the Ombudsman if they consider there has been a breach.
Information discussed during workshops/forums forms the basis for information subsequently reported and presented at formal committee and full council meetings which are open to the public and where matters can be debated and discussed ahead of decisions being made. Reports and proposals that go before the formal committees and full council represent all the work and reasoning that has gone into the development of proposed/reviewed strategies, policies, bylaws and plans, including what came out of any informal workshops/forums that may have been held. This information is also made available as part of community engagement and consultation to enable informed feedback from the public.
Workshops/forums are informal meetings that cannot be used to make decisions but are a way to support informed decision-making.
They are used to provide briefings for elected members and/or discuss matters to ensure elected members are informed, understand and have the opportunity to provide input and direction into policies, plans, strategies and proposals, before they are presented to them at formal committee and full council meetings for decisions.
Formal committee and full council meetings are where decisions are made and matters are reported. These are open to the public (and livestreamed) and elected members are able to discuss, ask questions about and debate matters ahead of decisions being made.
Re why workshops are confidential:
They provide an opportunity for free and open discussion, exploring of options and alternatives, sharing of information and ensuring understanding of matters before they are presented in a public meeting, and sharing of information that may be confidential but is relevant for elected members to understand an issue, aid direction-setting and/or assist later decision-making.
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Media: Rotorua Daily Post
Topic: Subdivisions
Enquiry
*NOTE - This enquiry is a follow up to two earlier requests regarding subdivision data:
- I want to confirm that for the 17 month time period, you've provided every major subdivision that's been through the process in that time (I want to ensure I'm not potentially missing any subdivisions that went through each stage within that time frame and would have effectively 'fallen off' the table after the titles issued stage)
- I also just got off the phone with the developer doing Ian St who said they were granted consent a couple weeks ago, can I just confirm that with you and check whether any of those other sites at stage two have been granted consent?
I have some comments regarding the trouble developers have building subdivisions in Rotorua that I am putting to you to respond to if you wish:
The subdivision situation is "frustrating" and developers are struggling to get past the council's red tape.
"It's not just hard for developers trying to get these subdivisions over the line, there are buyers who have put their lives on hold and are not able to build."
The situation was "really sad" as Rotorua faced a "critical situation" with its low housing stock.
"Developers need to have time on their side. When it takes two years to get consent, like it did for Ashworth Villas, developers lose confidence. We don't know what the market's going to do in that time so it becomes too risky for developers.
"We are losing potential developers because they look to Rotorua as an option then see that we have no land and they find out how long it takes with the council and they just walk away."
Speaking about Ashworth Villas: "What it boils down to is a lack of council infrastructure and forward planning. There are deficiencies in the council network and that's a big reason why we're seeing hold-ups at several chunks of land around town.
"It is disappointing. Stormwater has been cited by a lot of developers [as being an obstacle] so if that was fixed, I think we would see more progress.
"The problem is that isn't a quick fix and it's not a cheap fix."
In addition to your response to the above comments, are you able to also provide an update about the district plan change for Pukehangi and how that will help subdivisions in that area to be fast-tracked, I'm aware there was a meeting today with land owners about it.
"It is hard to make developments stack up" in Rotorua.
Response
The following was confirmed for the reporter:
All subdivisions were included in the information provided.
A variation to the existing land use consent [for Ian St subdivision] (that is, the consent that was issued to the previous developers) was granted two weeks ago.
Re infrastructure (from Infrastructure Group Manager Stavros Michael):
Investment in infrastructure throughout the district, which includes increasing capacity to meet growing demand and enable housing development, is ongoing and there is further investment proposed as part of the 2021-31 Long-term Plan which is currently under development.
During the past year alone we have upgraded stormwater systems, including increasing capacity, in Vaughan Road - where development is planned - stormwater on Clayton Road, and new drinking water capacity for eastern suburbs, and we have started stormwater improvements on central (King Street). We currently have major roading investment underway, which will also enable and support housing development, with more to come.
And our wastewater network is progressing capacity and treatment quality for growth.
The stormwater upgrade currently underway in King Street (see HERE on Council's website) will service the area where the Ashworth development is sited so will support/enable that development.
Planning and detailed design work for stormwater upgrades in the Western and Eastern suburbs is also well underway. Our stormwater master plan anticipates some $80m of improvements to help future growth. In 2020 the Government granted Council $20m for infrastructure improvements to support residential growth. This included $5m for local road upgrades.
The stormwater upgrades will include new pipes, increasing the network's capacity and the installation of catchment detention systems to help retain stormwater during significant rain events to protect existing properties.
It is important to note that developers are also required to identify and address the effects of their development proposals on the existing community through on site mitigation works. There is always an issue of equity about who carries the costs of infrastructure upgrades to enable land development.
Re consenting (from Operations Group Manager Jocelyn Mikaere):
"Rotorua Lakes Council is committed to supporting housing developments to address the district's current chronic housing shortage.
We have to balance our desire to get more housing quickly with legislative requirements and our District Plan, by which we are bound, and we accept that can be frustrating for developers who just want to be able to get on with it.
These requirements relate to Council's responsibility for the protection of our environment and the effects of developments - both on those living in existing surrounding neighbourhoods and those who will become residents in new subdivisions. Requirements around on-site stormwater, for instance, are about mitigating possible risks such as flooding and developers are required by law to identify and mitigate the effects of their proposals and safeguard existing ratepayers.
Our consenting team work extremely hard to ensure as smooth and speedy a process as possible, and endeavour to work closely with developers and their representatives to minimise any delays and ensure we are getting all the information we need to process consent applications efficiently. We are open to feedback on our performance and continually work to improve our processes to support the development aspirations for Rotorua."
Re update on District Plan change for Pukehangi: reporter was provided with an embargoed copy of a news release scheduled to be released the following day. [See HERE on Council's website]