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Ahuriri Community Board Meeting
will be held on:
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Date: |
Monday, 10 November 2025 |
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Time: |
2pm |
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Location: |
Otematata Community Centre |
Agenda
Ahuriri Community Board Meeting
10 November 2025
Alex Parmley
Chief Executive
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Ahuriri Community Board Meeting Agenda |
10 November 2025 |


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Meeting Agenda |
10 November 2025 |
Agenda Items
4.1 Declarations by Ahuriri Community Board Members 2025-2028 Triennium
4.2 Election of Ahuriri Community Board Chairperson 2025-2028 Triennium
4.3 Adoption of Code of Conduct
4.4 Adoption of Standing Orders
4.5 Reserve Classification and Gifting of Kurow School Building (Former)
5.1 Correspondence - Community Board Grant Application from South Star School Charitable Trust
5.2 Explanation of Legislation by the Chief Executive.
6 Confirmation of Previous Meeting Minutes
6.1 Public minutes of the Ahuriri Community Board Meeting held on 8 September 2025
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Meeting Agenda |
10 November 2025 |
4 Decision Reports
4.1 Declarations by Ahuriri Community Board Members 2025-2028 Triennium
Author: Allyson Woock, Governance Services Officer
Authoriser: Arlene Goss, Governance Lead
Attachments: 1. Declarations
⇩
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That the incoming Ahuriri Community Board member-elect Alan Pont and the Ahuriri Ward Councillor Brent Cowles make their declarations to the Mayor of Waitaki, Melanie Tavendale and are witnessed by the Chief Executive, pursuant to Schedule 7, Part 1, clause 14 of the Local Government Act 2002. |
Purpose
The purpose of this report is to formally record the declarations sworn by the elected members of the Ahuriri Community Board for the 2025-2028 triennium.
Background
On Thursday 16 October 2025, the final result of the 2025 Triennial Elections was declared by the electoral officer. A copy of this is attached to the Election Report in this agenda.
A public inauguration ceremony was held at the Ōamaru Opera House auditorium at 5:30pm on Wednesday 22 October 2025.
Declarations by the following members of the Ahuriri Community Board were taken at the inauguration ceremony:
Steve Dalley
Mike King
Calum Reid
Karen Turner
An apology for the inauguration ceremony was received from Ahuriri Community Board member-elect Alan Pont, who arranged to swear his declaration at the first meeting of the Ahuriri Community Board on Monday 10 November 2025.
Ahuriri Ward Councillor Brent Cowles made his Council declaration at the inauguration ceremony but not his Ahuriri Community Board declaration.
Under the Local Government Act 2002, Councillors appointed to community boards must be make the community board declaration as well as their declaration as a councillor.
Ahuriri Community Board member-elect and Ahuriri Ward Councillor Brent Cowles will make and sign their declarations in the first part of this Inaugural Meeting of the Board (copy of declarations attached).
They will read out their declaration to the Mayor of Waitaki Melanie Tavendale, and each declaration will then be signed by the respective member and then by the Chief Executive as witness, pursuant to the Provisions of the Local Government Act 2002, Schedule 7, Part 1, clause 14.
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Meeting Agenda |
10 November 2025 |
4.2 Election of Ahuriri Community Board Chairperson 2025-2028 Triennium
Author: Allyson Woock, Governance Services Officer
Authoriser: Arlene Goss, Governance Services Lead
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That, pursuant to Part 2 of Schedule 7 of the Local Government Act 2002, the Ahuriri Community Board: 1. Firstly, decides to use either election System A or System B as specified in the Act under reference to elect the Chairperson of the Ahuriri Community Board for the 2025 – 2028 triennium and confirms that decision as point 1 in the meeting resolution relating to this agenda item; and 2. Secondly, uses the System adopted in (1) to formally elect the Chairperson of the Ahuriri Community Board for the 2025 – 2028 Triennium and confirms the name of the person elected as Chairperson as point 2 in the meeting resolution relating to this agenda item; and 3. Thirdly, decides whether it wishes to appoint a Deputy Chairperson for the 2025 – 2028 triennium and confirms that decision as point 3 in the meeting resolution relating to this agenda item; and 4. Fourthly, if a decision is taken under (3) to appoint a Deputy Chairperson, then to formally elect the Deputy Chairperson using the agreed election System in (1) above and confirms that decision as point 4 in the meeting resolution for this agenda item, if such an appointment is made. |
Decision Objective
The purpose of this report is to provide information on the legislative process to be followed, and to facilitate that process at this inaugural meeting, for the election of the Chairperson of the Ahuriri Community Board for the 2025 – 2028 Triennium in accordance with Part 2 of Schedule 7 of the Local Government Act 2002. It also provides similar information relating to the potential election of a Deputy Chairperson if the Board decides to make such an appointment at this meeting.
Summary
Under Schedule 7 of the Local Government Act 2002 (“the Act”), a Community Board must have a Chairperson. The legislation is very specific in the process of electing a Chairperson and requires the use of either one of two systems set out in the Act. While the legislation requires a Community Board to have a Chairperson, it is silent on whether a Community Board should have a Deputy Chairperson. The decision to elect a Deputy is the choice of the Community Board.
decision-making expectations
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Governance Decision-Making: |
To appoint a Chairperson of the Ahuriri Community Board for the 2025 – 2028 triennium, and to decide whether to appoint a Deputy Chairperson or not. |
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Operational Decision-Making: |
To implement the decision of the Ahuriri Community Board in relation to the appointment of Chairperson and Deputy Chairperson (if appropriate) in accordance with statutory requirements. |
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Communications |
Media Releases – contributed to by officers and Elected Members Media/public enquiries regarding governance decision-making topics above can be addressed by governance Media/public enquiries regarding operational decision-making topics above can be addressed by officers |
Summary of Decision-Making Criteria
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No/Moderate/Key |
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No/Moderate/Key |
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Policy/Plan |
No |
Environmental Considerations |
No |
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Legal |
Key |
Cultural Considerations |
No |
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Significance |
No |
Social Considerations |
No |
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Financial Criteria |
Moderate |
Economic Considerations |
No |
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Community Views |
No |
Community Board Views |
Key |
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Consultation |
No |
Publicity and Communication |
Moderate |
The recommendations in this report are within the scope of the purpose and amendments to the Local Government Act 2002 to enable democratic local decision-making and action by, and on behalf of, communities; and to meet 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.
Background
Part 2 of Schedule 7 of the Local Government Act states that a Community Board must have a Chairperson and that Clause 25 applies to the election of Chairpersons of Community Boards.
Summary of Options Considered
The appointment of Chairperson by the incoming Ahuriri Community Board is a legislative requirement under the Local Government Act 2002. The only options available to the community board are whether it wishes to use System A or System B in electing a Chairperson/Deputy Chair, and whether it wishes to appoint a Deputy Chair.
LEGAL PROCESS FOR THE ELECTION OF CHAIRPERSONS FOR COMMUNITY BOARDS
Part 2 of Schedule 7 of the Local Government Act states that a Community Board must have a chairperson and that Clause 25 applies to the election of Chairpersons of Community Boards. Clause 25, Schedule 7 of the Local Government Act 2002 outlines the process to be followed:
“…a local authority must determine by resolution that a person be elected by using one of the following systems of voting:
System A
(a) Requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and
(b) Has the following characteristics:
i. There is a first round of voting for all candidates; and
ii. If no candidate is successful in that round, there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and
iii. If no candidate is successful in the second round, there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and
iv. In any round of voting, if two or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.
System B
(a) Requires that a person is elected or appointed if he or she receives more votes than any other candidate; and
(b) Has the following characteristics:
i. There is only one round of voting; and
ii. If two or more candidates tie for the most votes, the tie is resolved by lot.”
Prior to electing a Chair, the Community Board must resolve which system to use.
Under System A, a majority will always prevail unless the final two candidates receive equal votes.
Under System B, a minority candidate can theoretically be elected.
As the Act calls for an election, there will still be a vote even if only one candidate were to be nominated.
APPOINTMENT OF A DEPUTY CHAIRPERSON
The Ahuriri Community Board can also appoint a Deputy Chairperson at this meeting if it so wishes. The Board may wish to consider the workload of the Chairperson for the next three years in considering whether there is a need for more formal support in the form of having an appointed Deputy Chair to stand in for them at specific times.
Additional Decision-Making Considerations
Outcomes
We keep our district affordable
We enable opportunities for new and existing business
We provide and enable services and facilities, so people want to stay and move here
We understand the diverse needs of our community
Waitaki’s distinctive environment is valued and protected
We maintain the safest community we can
Legal Considerations
Appointment of a Chairperson for a Community Board is a statutory requirement, under Part 2 of Schedule 7 of the Local Government Act 2002. The appointment of a Deputy Chairperson is not statutory, but the Community Board has the option of choosing to appoint one.
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Meeting Agenda |
10 November 2025 |
4.3 Adoption of Code of Conduct
Author: Arlene Goss, Governance Services Lead
Authoriser: Paul Hope, Director Support Services
Attachments: 1. Draft
Code of Conduct ⇩ ![]()
2. Draft
Policy for Investigating and Ruling on Breaches of the Code of Conduct ⇩
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That the Ahuriri Community Board: 1. Adopts the Draft Code of Conduct for Elected Members 2025-2028 Triennium as attached, in accordance with Schedule 7 Clause 15 of the Local Government Act 2002, until the government provides a standardised document as a replacement. 2. Adopts the Draft Policy for Investigating and Ruling on Alleged Breaches of the Elected Member Code of Conduct 2025-2028 Triennium, as attached, until the government provides a standardised document as a replacement. 3. Agrees to continue with the current arrangements of a two-step investigation process, and the investigator’s decision being binding, for as long as the code is in place. Note: The adoption of the Code of Conduct requires a supporting vote of not less than 75% of the members present. |
PURPOSE
The purpose of this report is to ensure that the Ahuriri Community Board has a Code of Conduct in place to enhance:
· The effectiveness of the Ahuriri Community Board for the good local governance of the Ahuriri Ward; and
· The credibility and accountability of the Ahuriri Community Board within its community; and
· Mutual trust, respect, and tolerance between the elected members as a group and between the elected members and management.
Summary
The recommendations of this report relate to statutory requirements. Schedule 7 Clause 15(1) of the Local Government Act 2002 states that a local authority must adopt a code of conduct for members of the local authority. Clause 15(4) states that a member of the local authority must comply with the code of conduct of that local authority.
Background
All elected members are required to adhere to a Code of Conduct. Once adopted, such a code may only be amended by a 75% or more vote of the Ahuriri Community Board. The code sets out the board's agreed standards of behaviour in the following circumstances:
· relationships with other elected members
· relationships with staff
· relationships with the community
· contact with the media
· confidential information
· conflicts of interest
· standing orders
· ethics
· disqualification of members from office or if an elected member is or has become an undischarged bankrupt
Upcoming Changes to Legislation
The Local Government (System Improvements) Amendment Bill is currently before the Governance and Administration Select Committee.
As part of a package of local government reform, the Bill will make a range of changes to local governance frameworks including providing standardised Standing Orders and Codes of Conduct for use by all councils.
You can read the Bill online: Local Government (System Improvements) Amendment Bill 180-1 (2025), Government Bill – New Zealand Legislation.
This means that if the attached documents are adopted, they will only remain in place until the standardised document is supplied to councils by the government. This is expected to happen in 2026.
Option 1 – Not adopt a code of conduct.
If the board chooses this option, the existing code of conduct will remain in effect until the government issues a standardised document.
Option 2 – Vote that the matter “lie on the table” and request a workshop to refine the documents. If the board chooses this option a workshop will be arranged and the updated code will come back to a future board meeting with the changes requested at the workshop.
Option 3 – Adopt the code and policy with any changes requested at this meeting. This is the recommended option.
Conclusion
It is recommended that the Ahuriri Community Board adopts the attached Code of Conduct and Policy to cover the period between the 2025 election and the issuing of standardised documents by central government.
Additional considerations
Legal Considerations
Appendix 2: Schedule 7, Clause 15 Local Government Act 2002 (LGA02)
The LGA02 requires all local authorities to adopt a Code of Conduct for members as follows:
(1) A local authority must adopt a code of conduct for members of the local authority as soon as practicable after the commencement of this Act.
(2) The code of conduct must set out:
a. Understandings and expectations adopted by the local authority about the manner in which members may conduct themselves while acting in their capacity as members including:
i. Behavior toward one another, staff, and the public; and
a. Is received by, or in the possession of, an elected member in his/her capacity as an elected member; and
b. Relates to the ability of the local authority to give effect to any provision of this Act; and
b. A general explanation of:
i. The Local Government Official Information and Meetings Act 1987; and
ii. Any other enactment or rule of law applicable to members.
(3) A local authority may amend or replace its code of conduct, but may not revoke it without replacement.
(4) A member of a local authority must comply with the code of conduct of that local authority.
(5) A local authority must, when adopting a code of conduct, consider whether it must require a member or newly elected member to declare whether or not the member or newly elected member is an undischarged bankrupt.
(6) After the adoption of the code of conduct, an amendment of the code of conduct or the adoption of a new code of conduct requires, in every case, a vote in support of the amendment of not less than 75% of the members present.
(7) To avoid doubt, a breach of the code of conduct does not constitute an offence under this Act.
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Meeting Agenda |
10 November 2025 |
4.4 Adoption of Standing Orders
Author: Arlene Goss, Governance Services Lead
Authoriser: Paul Hope, Director Support Services
Attachments: 1. Draft
Waitaki District Council Standing Orders 2025 (under separate cover)
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That the Ahuriri Community Board: 1. Adopts the Standing Orders for Council and Community Boards, as attached, until the government provides a standardised document to all councils. 2. Agrees to provide a casting vote to the community board chairperson in the event of equal votes (see item 19.3 in the attachment). 3. Agrees to continue with Option C as the default option for speaking to and moving motions (see item 22.2 in the attachment). 4. Notes that the Local Government Act 2002 (Clause 16 of Schedule 7) requires members to comply with the Standing Orders. Note: The adoption of Standing Orders requires a supporting vote of not less than 75% of the members present. |
PURPOSE
The purpose of this report is to ensure that the Ahuriri Community Board has appropriate and relevant guidance and rules for the conduct of meetings. This supports good governance practice and meets the requirements of Schedule 7 27(1) Local Government Act 2002.
Summary
The recommendations in this report relate to statutory requirements. Schedule 7 27(1) of the Local Government Act 2002 states that a local authority must adopt a set of Standing Orders for the conduct of its meetings and those of its committees. Once adopted, Standing Orders may be amended at any time, but only with a 75% voting majority. Legislation requires all elected members to follow the Standing Orders.
Upcoming Changes to Legislation
The Local Government (System Improvements) Amendment Bill is currently before the Governance and Administration Select Committee.
As part of a package of local government reform, the Bill will make a range of changes to local governance frameworks including providing standardised Standing Orders and Codes of Conduct for use by all councils.
You can read the Bill online: Local Government (System Improvements) Amendment Bill 180-1 (2025), Government Bill – New Zealand Legislation.
This means that if the attached Standing Orders are adopted, they will only remain in place until the standardised document is supplied by the government. This is expected to happen in 2026.
Options
Option 1 – Not adopt the Standing Orders.
If the board chooses this option, the existing standing orders will remain in effect until the government issues a standardised document.
Option 2 – Vote that the matter “lie on the table” and request a workshop to refine the documents. If the board chooses this option a workshop will be arranged and the updated code will come back to a future board meeting with the changes requested at the workshop.
Option 3 – Adopt the Standing Orders with any changes requested at this meeting. This is the recommended option.
Conclusion
It is recommended that the Ahuriri Community Board adopts the attached Standing Orders to cover the period between the 2025 election and the issuing of standardised documents by central government.
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Meeting Agenda |
10 November 2025 |
4.5 Reserve Classification and Gifting of Kurow School Building (Former)
Author: Suzanne Clark, Property Officer
Authoriser: Joanne O'Neill, Director Strategy, Performance, and Design
Attachments: 1. Kurow
School (Former): Heritage NZ Category 2 Listing (register no. 4891) ⇩ ![]()
2. Reserve
Classification Assessment ⇩ ![]()
3. Kurow
School (Former) Conservation Plan ⇩ ![]()
4. Charity
Register - South Star School Charitable Trust ⇩
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That the Ahuriri Community Board recommends: That Council: 1. Resolves, pursuant to Section 24(1)(b) of the Reserves Act 1977, to reclassify Part Lot 2 Deposited Plan 7534 and Lot 1 Deposited Plan 8706 from ‘Recreation Reserve’ to ‘Historic Reserve’ subject to the completion of all statutory processes. 2. Authorises officers to publicly notify the reclassification in accordance with statutory requirements. 3. Resolves to transfer ownership of the former Kurow School building and storage shed to the South Star School Trust by way of gift and grant a peppercorn ground lease subject to public notification in accordance with statutory requirements. That the Ahuriri Community Board: 1. Resolves to fund all required statutory notification and gazettal, estimated to cost up to $800 plus GST. |
Decision Objective
To seek a recommendation to Council to publicly notify the proposed reclassification of Part Lot 2 DP 7534 and Lot 1 DP 8706, located at 10 Ranfurly Street, Kurow, to an historic reserve under the Reserves Act 1977, to gift the Kurow School Building (former) to the South Star School Trust, and to notify the intention to grant a lease on the Reserve.
Summary
A proposal from a community member was received to establish a Trust to oversee the restoration of the former Kurow School building at 10 Ranfurly Street, Kurow. The vision is to locate Waitaki Art School within part of the building as well as make space available for community use.
At the Community Board of the 8 September 2025 an information report was presented outlining the options for consideration.

The school building holds significant heritage value. It is located on the original Education Department site, is listed as a Category B heritage item in the Waitaki District Plan and is registered as a Category 2 historic place by Heritage New Zealand (Register No. 4891), refer Attachment 1.
The land is currently classified as a Recreation Reserve and vested in Waitaki District Council under the Act. Commercial activity is listed as a discretionary activity in the Reserves Management Plan. Although a charitable Trust will oversee the operation and management of the building, officers have assessed that the activity is commercial as income for individuals will be generated. Under Section 54(1)(d) of the Reserves Act 1977 (the Act), commercial activity may be permitted on a recreation reserve only where it is necessary to enable public benefit and enjoyment of the reserve, or for the convenience of users.
The proposed activity is ancillary to but not complementary with the primary recreational purpose of the reserve. This has prompted a review of whether the current reserve classification is appropriate and aligns with the direction given by the Community Board and recorded in resolution ACB2025/026 “to come back to the board on reclassifying the reserve as historic and gifting the building to a Trust with a building footprint 33-year ground lease at agreed rent with all outgoings payable granted subject to community approval and Council consents”.
The Act provides for various classifications based on the primary purpose of the land, including Recreation, Historic, Scenic, Nature, Scientific, Local Purpose, and Government Purpose.
This report recommends reclassifying the land to a Historic Reserve to better reflect its heritage significance and support the proposed future use.
Council approval is also sought to transfer ownership of the school building and outside shed to the South Star School Trust and to publicly notify the intention to grant a ground lease to the Trust.
decision-making expectations
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Governance Decision-Making: |
Approve proposal to reclassify Kurow Recreation Reserve to Historic Reserve and to transfer by way of gift to South Star School Trust, the Kurow School Building (former) located at 10 Ranfurly Street, Kurow. |
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Operational Decision-Making: |
Delegate the Chief Executive to implement Council’s resolution including completion of all statutory processes under the Reserves Act and the transfer of the building to the Trust. A ground lease will be negotiated with the Trust. |
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Communications |
Media Releases – contributed to by officers and Elected Members. Media/public enquiries regarding governance decision-making topics above can be addressed by governance. Media/public enquiries regarding operational decision-making topics above can be addressed by officers. |
Summary of Decision-Making Criteria
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No/Moderate/Key |
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No/Moderate/Key |
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Policy/Plan |
Moderate |
Environmental Considerations |
No |
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Legal |
Moderate |
Cultural Considerations |
Moderate |
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Significance |
No |
Social Considerations |
No |
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Financial Criteria |
No |
Economic Considerations |
No |
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Community Views |
Key |
Community Board Views |
Key |
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Consultation |
No |
Publicity and Communication |
Moderate |
Background
Land and building status
The land located at 10 Ranfurly Street, Kurow is currently classified as Recreation Reserve under the Act and is managed by Waitaki District Council as a neighbourhood reserve, in accordance with the adopted Reserves Management Plan (see Image A).
The reserve is undeveloped with no built recreation infrastructure and consists of wide-open mowed grass areas with several specimen trees. The Kurow Bowling Club owns the neighbouring parcel of land. Nearby Kurow Railway Reserve has been developed to provide the community with recreation opportunities e.g. playground, bike tracks, basketball hoop, skateboard ramps, and a large continuous walking area. The community also has access to many other recreational opportunities within the local area.
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Image A
Summary of Options Considered
The site contains the former Kurow School building which is not listed on Council’s asset register. However, advice from the Department of Conservation indicates that ownership likely transferred to the former Waitaki County Council when the land was vested in 1984.
Historically, the former Kurow School building has been used by the Kurow Scouts, and it is currently utilised by the Kurow Museum for storage. There is no active lease in place.
The building and the land both hold heritage value. The building and Part Lot 2 DP 7534 is registered as a Category 2 historic place by Heritage NZ (register no. 4891) and the building has a Category B listing in the Waitaki District Plan.
Opened in 1882, the school was the first in Upper Waitaki. Its design reflects 19th-century school architecture and is a rare surviving example of a wooden school building from that era. The original site spanned 4 acres, allowing students to graze their horses during the school day. The building’s exterior remains largely unchanged, though both the interior and exterior require extensive restoration.
The shed is not original and doesn’t form part of the Heritage NZ listing.
Reclassification - Reserves Act Process
Under Section 24 of the Reserves Act 1977, Council may, by resolution and following public notification, reclassify reserve land to better reflect its current and intended use. The Act and the Department of Conservation’s (DOC) Guide for Reserve Administering Bodies outline the statutory process for this. Recreation Aotearoa’s Parks Category Framework was also used to assist with the assessment.
The reserve’s present and future values have been assessed as primarily cultural and heritage (see Attachment 2).
It is recommended that the reserve be reclassified as a Historic Reserve to acknowledge the site’s educational and cultural heritage.
The reserve parcel described below is proposed to be reclassified Historic Reserve
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Reserve Location |
10 Ranfurly Street, Kurow |
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Legal Description |
Part Lot 2 DP 7534, Lot 1 DP 8706 |
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Area |
.7059 ha |
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Current Classification |
Recreation Reserve |
Reason for reclassification: The land’s primary purpose is to preserve the historic Kurow School building, located on its original Education Department site. Reclassifying it as a Historic Reserve better reflects its heritage value and supports the future intended use.
The Reserves Management Plan will be updated during the review scheduled to start in 2026.
Proposed future use of land and buildings
The South Star School Trust has signalled their interest in restoring the former school building. Once restored, the building would serve as a gallery showcasing local artists and a school offering classes in visual arts, dance, music, drama, and crafts. The Waitaki Art School, which currently operates across multiple locations in Kurow, would be consolidated into this historic site, supporting its operation and enhancing its role within the community.
The South Star School Trust has prepared a Conservation Plan to restore the building (refer Attachment 3). The restoration is estimated to cost approximately $450,000, with funding expected to come from a combination of community grants, donations, and contributions from local artists. Volunteer tradespeople and labour will also support the restoration effort.
This proposed use of the building aligns well with the Historic Reserve classification and the underlying Heritage NZ and Waitaki District Plan heritage listings.
Under this scenario, the land will still be available to the community to use for passive recreation or community events. It is anticipated that Council would continue to maintain the grassed area at the same level of service as currently provided.
Gifting of building and transferring of Council ownership
Under Section 12 of the Local Government Act 2002 (LGA02), Council is authorised to dispose of the building, provided it complies with the requirements of Section 14 of the LGA02.
An option for council is to gift the buildings to the Trust in their current condition, with the Trust assuming full responsibility for restoration, maintenance, and ongoing operational costs. The storage shed could be demolished for materials if there was no use for it. A lease would be granted, and officers recommend that rent be set at a nominal rate, with provisions for future rent reviews.
A transfer of ownership to the Trust would significantly improve its ability to secure external funding; refer to Attachment 4 for the Trust’s charities registration.
Appointment of a board or voluntary organisation to control and manage the reserve
The Ahuriri Community Board requested information on the process for appointing a non-Council organisation to control and manage a reserve.
Under Section 30 of the Act, Council may relinquish its vesting in a reserve, returning the ownership to the Crown and allowing the Department of Conservation to appoint a board to manage the land. Before agreeing to such an arrangement, the Department of Conservation typically expects a clear rationale for the change, evidence of community and iwi support, proposed board membership details, a commitment to prepare a management plan, an understanding of legal obligations, agreement to audit requirements, and clarity around the board’s term, structure, and chairperson appointment.
Alternatively, under Section 29 of the Act, Council may formally appoint a voluntary organisation to control and manage a reserve. This process requires a formal gazettal and compliance by the voluntary organisation with statutory obligations, including financial reporting and management planning.
In practice, it is more common for voluntary or not for profit organisations to manage reserves through a Memorandum of Understanding (MOU) with the local council rather than through formal appointment under the Act. MOUs are non-legally binding agreements that outline roles, responsibilities, and shared goals. They offer flexibility, are easier to establish, and can be tailored to suit local needs.
An example of an MOU approach is the Puketapu Community Trust, which has an MOU with Council for the maintenance of the Puketapu Recreation Reserve. The Trust is responsible for maintenance activities and works in alignment with an agreed vision for the reserve’s restoration.
Summary of options considered
Option 1 (preferred option):
1. Reclassify Part Lot 2 Deposited Plan 7534 and Lot 1 Deposited Plan 8706 from ‘Recreation Reserve to ‘Historic Reserve’ under the Reserves Act 1977 subject to completion of all statutory processes; and
2. Transfer ownership of the former Kurow School building and storage shed to the South Star School Trust by way of gift and grant a peppercorn ground lease subject to public notification in accordance with statutory requirements.
This option recognises the historical significance of both the building and the land and will ensure preservation of both the building and the site. Transferring ownership of the historic, but currently rundown building, to the South Star School Trust—alongside a peppercorn ground lease—would enable the Trust to undertake restoration and utilise the space.
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Advantages |
Disadvantages |
Risks |
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· Provides formal recognition of the site’s heritage value under the Reserves Act. · Enables the Trust to pursue external funding opportunities, as ownership strengthens eligibility for grants. · Transfers financial responsibility for restoration and ongoing maintenance away from Council. · Supported by the South Star School Trust and aligns with community desires. · Enhances local arts and culture, will attracting visitors and support economic development. · Recognition of a heritage building and land under the Act as well as provides a good legal fit for the future art school. · Ground lease conditions can include clauses for improvements to revert to Council if the Trust is dissolved. · A building in use is the best form of protection against vandalism/arson and loss of heritage value. |
· Reclassification from Historic Reserve to another purpose is difficult to reverse and will limit future alternative uses of the land. · Should the Trust dissolve, Council will be expected to fund the operation of a community facility. |
· The Trust may be unable to raise sufficient capital for restoration or ongoing operations, leading to project failure. · Lack of long-term viability or governance capacity within the Trust could result in underuse or deterioration of the building. |
Option 2: Transfer ownership of the former Kurow School building and storage shed to the South Star School Trust by way of gift, subject to the building’s removal from the reserve site.
This option seeks to reduce Council’s long-term financial responsibility by removing the building from the land, while still enabling its preservation by the Trust. The reserve land would be retained for recreational purposes, and the building could be relocated to a more prominent location within the community.
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Advantages |
Disadvantages |
Risks |
|
· Permanently removes the building from Council’s responsibility, reducing future financial obligations for ratepayers. · No formal statutory process is required for land reclassification, allowing the transfer to proceed once the Trust is formed. · Frees up reserve land for recreational use, consistent with its current classification. · Relocation to a main street or high-visibility location could see the restored building well frequented by visitors. |
· Not supported by the Trust, which prefers to retain the building on its original site. · A suitable relocation site would need to be identified and secured. · The Trust would incur additional costs and face regulatory requirements related to relocation, consenting and securing suitable land. |
· The Trust may not be willing or able to proceed with relocation and restoration, as this option does not align with its vision. · Additional regulatory oversight and costs could delay or jeopardize the project. · If relocation proves unfeasible, the building may remain unused or deteriorate further, undermining heritage preservation goals. |
Option 3: Status Quo
Under this option, no action is taken. The reserve remains classified as a Recreation Reserve, and the former Kurow School building remains in Council ownership on site, with no formal restoration or transfer arrangements in place.
|
Advantages |
Disadvantages |
Risks |
|
· No immediate administrative or legal processes are required. |
· The heritage building continues to deteriorate due to lack of restoration or active use. · Increased risk of vandalism and associated cleanup costs. · Opportunity to support a community-led initiative and preserve a significant heritage asset is lost. |
· Reputational risk to Council for not supporting a heritage and community project. · Potential future costs to ratepayers if Council is later required to restore or demolish the building due to deterioration. · Missed opportunity to activate the site for cultural and educational use. |
Assessment of Preferred Option
Option 1 is the preferred option. This involves reclassifying the reserve as a Historic Reserve and transferring ownership of the former Kurow School building and storage shed to the South Star School Trust by way of gift and grant a peppercorn ground lease subject to public notification in accordance with statutory requirements.
This approach is considered the most effective as it delivers positive outcomes for the Trust, Council, and the wider community. It supports heritage preservation, encourages creative and educational activity, and reduces long-term financial responsibility for Council.
Conclusion
Council officers recommend proceeding with reclassifying Part Lot 2 DP 7534 and Lot 1 DP 8706 from Recreation Reserve to Historic Reserve, and to transfer ownership of the former Kurow School building and storage shed at 10 Ranfurly Street, Kurow to the South Star School Trust.
This approach appropriately recognises the site's significant heritage value as the location of Upper Waitaki's first school, enables the Trust to secure external funding for the restoration project, and supports the development of a consolidated Waitaki Art School that will enhance cultural and educational opportunities in Kurow. By transferring the buildings to community ownership while retaining the land in Council's control through a peppercorn ground lease, this option balances heritage preservation with fiscal responsibility, ensures the building's activation rather than continued deterioration, and aligns with both community aspirations and the statutory framework of the Reserves Act 1977.
The proposal represents a prudent investment in Kurow's cultural infrastructure that will benefit current and future generations while relieving ratepayers of ongoing maintenance obligations.
Council approval is sought to proceed with the reclassification, and transfer of the building to the South Star School Trust and public notification of the proposed ground lease.
Additional Decision-Making Considerations
Waitaki District Council Strategic Framework
Outcomes
Community Outcomes
Prosperous District
· Attractive to new opportunities
· Supporting local businesses
· Fostering a diverse and resilient economy
Strong Communities
· Enabling safe, healthy communities
· Connected, inclusive communities
· Promoting a greater voice for Waitaki
· Celebrating our community identity
Quality Services
· Robust core infrastructure and services
· Community facilities and services we are proud of
Valued Environment
· Protecting our diverse landscapes and water bodies
· Meeting environmental and climate change challenges
Policy and Plan Considerations
The preferred option aligns with the objectives of Council’s Culture and Heritage Strategy, which supports the preservation, restoration, and activation of heritage assets for community benefit.
Community Views
Written support for the building restoration and establishment of the Waitaki Art School has been received from Heritage New Zealand and the Waitaki Valley Community Society.
Two submissions were received through the Long-Term Plan 2025–2034 process relating to the reserve:
· Submission #322 (Waitaki Valley Community Society Inc) requested that Council undertake maintenance on the former school building. The Society are in full support of the Trust’s proposal.
· Submission #325 proposed that the reserve be developed into an off-leash dog area. Council officers responded that the Kurow Rail Reserve has already been designated for this purpose.
An article published in the Otago Daily Times on 16 October 2025 suggests there is strong community support for the proposal.
In accordance with the Act, a one-month public notification period is required for both the proposed reclassification and the intention to grant a lease.
Any objections received during this period will be considered by Council or a Council Hearings Committee.
Financial Considerations
There has been no recent Council expenditure on the building. As the building is not listed on Council’s asset register, its disposal will not result in an accounting loss or have any direct cash impact on Council’s financial position.
Costs will be incurred to complete the reclassification and gifting process, specifically the public notifications and gazettals. There is currently no Council budget allocated for this purpose. The estimated cost is $500–$800, which would cover advertisements in the Kurow Bugle, Council’s Waitaki Weekly page, and the final Gazette notice. A recommendation has been made for the Community Board to cover this cost.
Legal Considerations
The preferred option complies with the Reserves Act 1977 in relation to both reserve reclassification and lease arrangements. It also satisfies Council’s legal obligations for asset disposal under Sections 12 and 14 of the Local Government Act 2002.
Once the reserve is reclassified as ‘historic’, section 24(5) of the Reserves Act requires that a report from Heritage New Zealand be prepared before any future reclassification can occur. A historic classification will be difficult to reverse, and future development of the land will be limited to activities that support and align with its historic status.
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Meeting Agenda |
10 November 2025 |
5 Memorandum Reports
5.1 Correspondence - Community Board Grant Application from South Star School Charitable Trust
Author: Allyson Woock, Governance Services Officer
Attachments: 1. Community
Board Grant Application Form - South Star School Charitable Trust ⇩ ![]()
2. Grant
Application Attachment - Former Kurow School Restoration Budget ⇩ ![]()
3. Grant
Application Attachment - Aim of Project ⇩ ![]()
4. Grant
Application Attachment - Waitaki Valley Community Society Incorporated
Financial Statements (for the year ended 31 March 2024) ⇩
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That the Ahuriri Community Board formally receives the attached items of correspondence and considers any actions in response. |
Purpose
The purpose of this report is to present correspondence surrounding a community board grant application from South Star School Charitable Trust in relation to the former Kurow School project.
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Meeting Agenda |
10 November 2025 |
5.2 Explanation of Legislation by the Chief Executive
Author: Arlene Goss, Governance Services Lead
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That the Ahuriri Community Board receives and notes the information. |
Purpose
The purpose of this report is to provide a summary of the key legislation that is of importance to elected members, as required under the Local Government Act 2002.
SUMMARY
To report on legislation as set out in Section 48 and Clause 21(5)(c) of Schedule 7 of the Local Government Act 2002.
background
The Local Government Act 2002 (“the Act”) requires that, at the first meeting of the Ahuriri Community Board following the triennial general election, a general explanation must be given of the Local Government Official Information and Meetings Act 1987 (LGOIMA 1987) and appropriate provisions of:
(a) The Local Authorities (Members’ Interests) Act 1968;
(b) Sections 99, 105 and 105A of the Crimes Act 1961;
(c) The Secret Commissions Act 1910; and
(d) The Financial Markets Conduct Act 2013.
An explanation of the Health and Safety at Work Act 2015 and the Public Records Act 2005 as it applies to Council and elected members has also been provided.
LOCAL GOVERNMENT ACT 2002 (LGA)
The LGA spells out local government’s purpose, its general powers, specific bylaw making powers and the principles and processes that councils must abide by when making decisions.
The purpose of local government is defined in section 10 of the LGA as:
a. to enable democratic local decision-making and action by, and on behalf of, communities; and
b. to promote the social, economic, environmental, and cultural wellbeing of communities in the present and for the future.[1]
The role of a local authority is to:
a. give effect, in relation to its district or region, to the purpose of local government; and
b. perform the duties, and exercise the rights, conferred on it by or under this Act and any other enactment.
The LGA is based on the principle of general competence that enables a local authority to do whatever is necessary to fulfil its role and achieve its purpose. Within this framework, there is a considerable degree of flexibility in deciding what activities are undertaken and how they are carried out.
As elected members, you are responsible for making key policy decisions that guide the community board’s activities and provide the direction for the district’s future.
In performing its role, a community board must act in accordance with the key principles set out in Section 14 of the LGA (refer Appendix 1).
If any of these principles, or any aspects of wellbeing referred to in section 10 are in conflict in any particular case, then the community board should resolve the conflict in accordance with the first key principle – by conducting its business in an open, transparent, and democratically accountable manner.
Personal Liability of Elected Members
Section 43 of the LGA provides an indemnity (by the Council) for elected members in relation to:
a. civil liability (both for costs and damages) if the member is acting in good faith and in pursuance of the responsibilities or powers of the community board;
b. costs arising from any successfully defended criminal action relating to acts or omissions in his or her capacity as an elected member.
The LGA provides for a theoretical personal exposure for elected members in certain circumstances. The loss must arise out of one of the following situations:
a. the Council unlawfully spends money;
b. the Council unlawfully sells or disposes of an asset;
c. the Council unlawfully incurs a liability; or
d. the Council intentionally or negligently fails to enforce the collection of money it is lawfully entitled to receive.
The loss is recoverable as a debt due to the Crown and must be paid back to the Council from each elected member jointly and severally.
However, as a member of the Council, you have a defence if you can prove that the act or failure which led to the loss occurred:
a. without your knowledge; or
b. with your knowledge but against your protest made at or before the time when the loss occurred; or
c. contrary to the manner in which you voted on the issue at a meeting of the Council; or
d. in circumstances where you acted in good faith and relied on information, or professional or expert advice given by a Council officer or professional advisor on matters which you reasonably believed were within that person's competency.
LOCAL GOVERNMENT OFFICIAL IINFORMATION AND MEETINGS ACT 1987 (LGOIMA)
(a) General Principle
The stated purpose of this Act is to make official information held by local authorities more freely available, to provide for access to that information, to provide for admission to meetings of local authorities and to protect official information held by local authorities consistent with the public interest and preservation of personal privacy.
The Act is very broad. It does not define the word “information”. It sees official information as any item of information held by a local authority. So official information is not limited to documents like letters, reports, memoranda, or files, but includes also sound tapes, video tapes, computer tapes and discs, maps, films, photographs and plans.
The heart of the Act is contained in the “principle of availability” set out in Section 5 of the Act:
“The question whether any official information is to be made available, where that question arises under this Act, shall be determined, except where this Act otherwise expressly requires, in accordance with the purposes of this Act and the principle that the information shall be made available unless there is good reason for withholding it.”
Therefore, the fundamental principle of the Act is that information must be made available unless there is “good reason” under the Act to withhold it.
(b) Requests
Anyone can make a request for official information.
If the information sought is not held by the Council, or a Council officer believes the request to be more closely connected with another organisation, then the officer must, within 10 working days transfer the request.
Where the Council holds the information, a decision on whether to release the information must be made within 20 working days of receipt of a request. Charges may be made for supplying information.
Where the information sought is large or consultations are necessary for a proper response, then the Chief Executive or an authorised officer may extend the time limit for a “reasonable period”. The requester must be told of the period of extension, the reasons for the extension, and the fact that the extension can be referred to the Ombudsman.
Every request must be dealt with on its merits and a decision whether to refuse or not is made on the circumstances of each case.
Generally, where the information is released, then it must be released in the manner requested.
(c) Refusals
In considering a refusal of a request for official information, the Act fixes the responsibility on the Chief Executive, or an officer authorised by him/her. While the statutory responsibility is placed on the Chief Executive, that officer is not prevented from consulting the Council or any other person in relation to a decision to refuse.
The Act sets out approximately 25 ‘good reasons’ why official information can be refused. If the grounds for refusal do not fall within one of these “good reasons”, the information must be released.
‘Good reasons’ include:
(i) Protecting the privacy of natural persons;
(ii) Maintaining the effective conduct of public affairs through free and frank expressions of opinions by or between elected members and officers;
(iii) Enabling a local authority to carry out, without prejudice or disadvantage, commercial activities;
(iv) Enabling a local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations); and
(v) To maintain legal professional privilege.
All of the reasons outlined above are subject to a “public interest” test; that is, even if the information sought falls within one of the refusal categories, it must be released where the withholding of the information is outweighed by other considerations rendering it desirable in the public interest that the information be released.
The Act also contains a number of administrative grounds as to why a request can be refused. These include the fact that:
(i) The information is or will soon be publicly available;
(ii) The information requested cannot be made available without substantial collation and research.
If a request is refused, the Council must give the requester:
(i) The reason for its refusal;
(ii) The grounds in support of that refusal; and
1. (iii) Advice as to the right to apply to the Ombudsman to seek a review of the refusal.
(d) Ombudsman’s Investigation
Under the Act, the Ombudsman can investigate any refusal by the Council to provide information and can investigate the charges made by the Council.
If the matter cannot be resolved during the investigation, the Ombudsman may make a recommendation to the Council. The Council is under a public duty to observe that recommendation unless, within 21 working days of receiving the recommendation, it resolves not to accept it.
A decision not to accept an Ombudsman’s recommendation must be notified to the applicant and the Ombudsman and published in the New Zealand Gazette together with the Council’s reasons for its decision. The applicant may apply to the High Court for a review of the Council’s decision. Whatever the result of the High Court hearing, the applicant’s legal costs must be paid by the Council unless the Court is satisfied the application was not reasonably or properly brought.
(e) Other Rights of Access
The Act also gives every person a right of access to any document, including manuals which the Council holds containing policies, rules, or guidelines by which decisions or recommendations are made. There are limited rights of refusal available to the Council.
Section 22 of the Act provides that where the Council makes a decision or recommendation in respect of any person in that person’s personal capacity, that person has the right on request to have, within a reasonable time, a written statement from the Council of:
(i) The findings on material issues of fact;
(ii) A reference to the information on which the findings were based; and
(iii) The reasons for the decision or recommendation.
(f) Access to Meetings
The Act provides that the public and media have a right of access to all meetings of the Council, committees, sub-committees (with power to act) and Community Boards unless the meeting resolves to exclude the public. Copies of meeting agendas must be available for the public and the media.
The grounds for excluding the public and the media from a meeting can only be those provided in the Act and essentially are the same grounds as for withholding official information. A motion to exclude must state the subject matter of the ‘non-public’ matter and the specific reason provided in the Act.
Even where a meeting has resolved to exclude the public, a person can request a copy of the minutes of the meeting and that request must be treated in the same way as a request for official information and is subject to review by an Ombudsman.
(g) Order Papers (also known as Agenda Papers)
Order Papers for meetings must be publicly available at least two working days before the meeting. Generally, supplementary reports cannot be dealt with unless agreed to by the meeting and unless the Chairperson explains why the report was not in the Order Paper and why the subject cannot wait until the next meeting.
(h) Order at Meetings
Section 50 of the Act provides that the chairperson of a meeting may require a member of the public to leave the meeting if the Chairperson believes on reasonable grounds that person’s behaviour is “likely to prejudice or continue to prejudice” the orderly conduct of the meeting.
The Chairperson may call on a Police Constable or Council officer to remove a person from the meeting.
(i) Qualified Privilege
Sections 52 and 53 of the Act provide that written or oral statements on any matter before a meeting of the Council, Committee or Community Board is privileged unless the statement is proved to be motivated by ill-will. This type of privilege is known as qualified privilege.
Qualified privilege is a protection afforded by the law on certain occasions to a person acting in good faith and without any improper motive who makes a defamatory statement about another person.
It is established law that meetings of local authorities are privileged occasions. This would now include Community Boards. The reason given by the Courts is that those who represent local government electors should be able to speak freely on any matter they believe affects the interests of their residents.
The situation regarding statements made outside a formal meeting is not so clear. Certainly, the statutory protection of sections 52 and 53 would not necessarily extend outside a meeting.
What is required for qualified privilege to apply is a positive belief in the truth of what is said, and that there is no suggestion of personal spite or ill-will by the maker.
Local Authorities (Members’ Interests) Act 1968 (LAMIA)
This Act contains provisions relating to contracts between elected members and the Council and provisions relating to elected members voting on matters where they have a pecuniary interest.
(a) Contracts
The Act provides that no person can be an elected member if the total of all contract payments made or to be made by the Council in which that person is ‘concerned or interested’ exceeds $25,000 in any financial year[2]. Contracts include sub-contracts.
There are provisions regarding contracts between the Council and a company in which an elected member or spouse has an interest. Generally, a person will be concerned or interested in a contract where that person or spouse holds 10% or more of the issued capital of the company or a controlling company, or the member or spouse is a shareholder and is either a managing director or general manager.
Certain exclusions are provided for, such as where the member and spouse are living apart, or the member did not know and had no reasonable opportunity of knowing the spouse was a shareholder and managing director or general manager.
The limit of $25,000 may be extended by the Office of the Auditor General in special cases. Such approval can be given retrospectively.
Provision is made for contracts entered into by the Council before an election and for continuing contracts.
If a person breaches the $25,000 limit, that person is disqualified from holding office and an extraordinary vacancy arises. The disqualification remains until the next triennial election. Where a disqualified person acts as a member, an offence is committed with a maximum fine of $200.
(b) Pecuniary Interest
The Act provides that no elected member shall vote on or take part in the discussion of any matter in which that person has, directly or indirectly, any “pecuniary interest” other than an interest in common with the public.
The prohibition applies where the member’s spouse has a pecuniary interest and where the member or spouse holds 10% or more of the shares in a company or a controlling company which has a pecuniary interest, or either person is a shareholder and is managing director or general manager of the company.
Members who are prohibited under the Act from voting on or discussing a matter are under a duty to declare to the meeting their pecuniary interest and their abstention from discussion or voting must be recorded in the minutes.
The prohibition against discussing or voting on a matter does not apply in certain situations, such as:
(i) Members’ remuneration where the maximum rate has already been fixed;
(ii) Election or appointment of any member to a Council, or community board, office notwithstanding that remuneration is payable; and
(iii) The preparation, approval, or review of a district scheme or district plan, unless the matter relates to any variation or change or departure from a district scheme or district plan or to the conditional use of land.
The Audit Office has the power to declare that the prohibition shall not apply in respect of any particular matter if the Office is satisfied the prohibition would impede the business of the Council or that it is in the interest of the electors that the prohibition not apply.
Any member who contravenes the prohibition commits an offence liable to a fine of $100. Upon conviction, the member vacates office, and an extraordinary vacancy is created.
CRIMES ACT 1961: SECTIONS 99, 105 AND 105A
(a) Section 99
Section 99 defines, for the purposes of the Crimes Act 1961, an “official” as any member or employee of any local authority. Member here would include a Community Board member.
(b) Section 105
Section 105 provides that it is an offence punishable by seven years imprisonment for an “official” to corruptly accept or obtain, or to attempt to obtain, any bribe in respect of anything done or omitted to be done by the official in an official capacity.
A person making or attempting to make the bribe is liable to three years’ imprisonment.
(c) Section 105A
Section 105A provides that every official is liable to seven years imprisonment who corruptly uses any information acquired in an official capacity, to obtain, directly or indirectly, an advantage or a pecuniary gain for the official or any other person.
Secret Commissions Act 1910
This Act puts in legislation the principle that a person holding a position of trust, such as elected members, should not make a profit through their office.
The Act provides that elected members and officers are ‘agents’ of the Council and that every agent commits an offence who corruptly accepts or obtains or solicits, for themself or any other person, any gift or other consideration as an inducement or reward for doing or not doing any act in relation to the Council’s affairs, or for having shown favour or disfavour to any person in relation to the Council’s affairs.
Any agent who diverts, obstructs, or interferes with the proper course of the Council’s business, or fails to use due diligence in the prosecution of such business with intent to obtain for themself or any other person any gift or other consideration shall be deemed to have corruptly solicited a consideration.
While ‘gift’ is not defined, ‘consideration’ is. It includes discounts, commissions, rebates, bonuses, deductions, percentages, employment, and money (including loans).
Generally, trade practices or customary gifts do not constitute a defence to a charge under the Act.
Section 5 of the Act provides that the agent, who makes a contract on behalf of Council, must disclose to the Council any pecuniary interest in the contract. This provision is similar to that contained in the Local Authorities (Members’ Interests) Act 1968.
Also, it is an offence to advise the Council with intent to induce it to enter into a contract with a third person and receive any gift or consideration from the third person, without disclosing to the Council the fact of payment.
Upon conviction for any offence under the Act, an agent is liable to a maximum fine of $2,000 or two years imprisonment and would vacate their office.
Financial Markets Conduct Act 2013 (FMCA)
Waitaki District Council does not currently offer any financial products to the public. If Council was, in the future, to decide to venture into the area of retail fund-raising, it would have to comply with the requirements of the Financial Markets Conduct Act 2013.
The main purpose of the Financial Markets Conduct Act 2013 is to promote the confident and informed participation of businesses, investors, and consumers in the financial markets; and to promote and facilitate the development of fair, efficient, and transparent financial markets. The Act also provides for timely, accurate, and understandable information to assist in making decisions about financial products and the provision of financial services; and to ensure that appropriate governance and monitoring arrangements apply to financial products and services.
The Act essentially places elected members in the same position as company directors whenever the Council offers financial products (such as an issue of debt or equity securities). Elected members may be personally liable if documents that are registered under the Act, such as a product disclosure statement, contain false or misleading statements. Members may also be liable if the requirements of the Act are not met in relation to offers of financial products.
Health and Safety at Work Act 2015 (hswa)
On 4 April 2016, the Health and Safety at Work Act 2015 (HSWA) came into force. The HSWA provides a significant change to New Zealand’s current health and safety legislation and is a response to the scrutiny placed on New Zealand’s health and safety practices following the Pike River tragedy.
The Act allocates duties to those people who are in the best position to control risks to health and safety as appropriate to their role in the workplace, and for the person conducting a business or undertaking (PCBU) (i.e. the Council) to ensure, as far as is reasonably practicable, the safety of workers and others who may be impacted by the work the business undertakes.
One of the significant changes is the introduction of “Officers”, who is any person occupying a position in relation to the business or undertaking, that allows the person to exercise significant influence over the management of the business or undertaking.
For the purposes of the HSWA, elected Council members (which include the Mayor and Councillors but excludes Community Board members) and the Chief Executive are by default identified as “Officers”.
Officers have obligations of due diligence, which are:
(a) to acquire, and keep up-to-date, knowledge of work health and safety matters; and
(b) to gain an understanding of the nature of the operations of the business or undertaking of the PCBU, and generally of the hazards and risks associated with those operations; and
(c) to ensure that the PCBU has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking; and
(d) to ensure that the PCBU has appropriate processes for receiving and considering information regarding incidents, hazards, and risks and for responding in a timely way to that information; and
(e) to ensure that the PCBU has, and implements, processes for complying with any duty or obligation of the PCBU under this Act; and
(f) to verify the provision and use of the resources and processes referred to in paragraphs (c) to (e).
The duties of the Officers and of the PCBU are independent of each other. This means that, if a PCBU has failed to meet its duty but the Officers exercised due diligence, then they may not be personally liable for the health and safety failings.
Public Records Act 2005 (pra)
The Public Records Act’s purpose is to provide a framework to keep central and local government organisations accountable by ensuring records are full and accurate, well maintained, and accessible. The Public Records Act 2005 provides for the continuity of the National Archives and the role of the Chief Archivist. The Act enables accountability by ensuring that full and accurate records of the affairs of local government are created and maintained. It also provides a framework within which local authorities create and maintain their records and has a role in enhancing public confidence in the integrity of local authority records.
The definition of a record includes information, whether in its original form or otherwise, and is not limited to just written information. The definition also includes (but is not limited to) a signature, a seal, text, images, sound, speech, or data in any medium and recorded or stored by any electronic device or process.
In the conduct of their affairs, elected members may receive information directly, for example from constituents. Members will need to consider whether that information meets the definition of a local authority record and if so will need to ensure it is included in the Council’s records.
Appendix 1: LGA Part 2, section 14: Principles relating to local authorities
(1) In performing its role, a local authority must act in accordance with the following principles:
(a) a local authority should—
(i) conduct its business in an open, transparent, and democratically
accountable manner; and
(ii) give effect to its identified priorities and desired outcomes in an
efficient and effective manner:
(b) a local authority should make itself aware of, and should have regard to,
the views of all of its communities; and
(c) when making a decision, a local authority should take account of—
(i) the diversity of the community, and the community’s interests,
within its district or region; and
(ii) the interests of future as well as current communities; and
(iii) the likely impact of any decision on each aspect of well-being
referred to in section 10:
(d) a local authority should provide opportunities for Māori to contribute to
its decision-making processes:
(e) a local authority should actively seek to collaborate and co-operate with other local authorities and bodies to improve the effectiveness and efficiency with which it achieves its identified priorities and desired outcomes; and
(f) a local authority should undertake any commercial transactions in accordance with sound business practices; and
(fa) a local authority should periodically—
(i) assess the expected returns to the authority from investing in, or undertaking, a commercial activity; and
(ii) satisfy itself that the expected returns are likely to outweigh the risks inherent in the investment or activity; and
(g) a local authority should ensure prudent stewardship and the efficient and effective use of its resources in the interests of its district or region, including by planning effectively for the future management of its assets; and
(h) in taking a sustainable development approach, a local authority should take into account—
(i) the social, economic, and cultural well-being of people and communities; and
(ii) the need to maintain and enhance the quality of the environment; and
(iii) the reasonably foreseeable needs of future generations.
(2) If any of these principles, or any aspects of well-being referred to in section 10, are in conflict in any particular case, the local authority should resolve the conflict in accordance with the principle in subsection (1)(a)(i).
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Meeting Agenda |
10 November 2025 |
5.3 Election Report
Author: Carole Hansen, Deputy Electoral Officer
Authoriser: Alex Parmley, Chief Executive
Attachments: 1. Public
Notice of Final Election Result 2025 ⇩
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That the Ahuriri Community Board receives and notes the information. |
Purpose
The purpose of the report is to provide Council with the results of the 2025 local authority elections conducted in the Waitaki District.
Summary
This report includes information about voting documents and results of the 2025 triennial elections which were conducted in accordance with the Local Electoral 2001 and associated regulations.
Waitaki District Council
At the close of nominations on 01 August 2025, there were three uncontested issues for the Waitaki District Council being the Ahuriri Ward, Corriedale Ward, and Ahuriri Community Board.
The following people were elected unopposed:
Ahuriri Ward
Brent Cowles
Corriedale Ward
John McCone
Sven Thelning
As the number of nominations received for the Ahuriri Community Board did not exceed the number of vacancies, the following people were elected unopposed:
Ahuriri Community Board
Calum Reid
Mike King
Alan Pont
Karen Turner
Final Election Results
The final results of the election were received and published on Council’s website on Thursday 16 October 2025. The successful candidates elected are:
Mayor
Melanie Tavendale
Oamaru Ward
Rebecca Ryan
Courtney Linwood
Jeremy Holding
Jim Hopkins
Dan Lewis
Mata’aga Hana Melania Fanene-Taiti
Corriedale Ward
John McCone
Sven Thelning
Waihemo Ward
Frans Schlack
Waihemo Community Board
Tanya Bell
Heather McGregor
Paul Roy
Clifford Day
Kerry Stevens
Oamaru Licensing Trust
Council undertook the election on behalf of the Oamaru Licensing Trust. The successful candidates are:
Denise McMillan
Ali Brosnan
Peter Bond
John Bringans
John Clements
Voting Documents
Ordinary Voting Documents
The number of voting papers issued to residential and ratepayer electors and the valid returns for each ward (excluding special votes returned) were as follows:
|
Issue |
Voting Papers Issued |
Returns |
% Return |
|
Ahuriri |
1,231 |
540 |
43.87% |
|
Corriedale |
3,022 |
1,612 |
53.34% |
|
Oamaru |
10,320 |
5,411 |
52.43% |
|
Waihemo |
1,790 |
882 |
49.27% |
|
Total |
16,363 |
8,595 |
52.26% |
The percentage of returns in this election was 52.26% compared with 49.29% in 2022.
General
Election Team
The election team consisted of Electoral Officer Anthony Morton, Electionz.com and Deputy Electoral Officers Carole Hansen and David Blair. A team of Electoral Officials also assisted with special voting leading up to election day and collecting orange voting bins from around the district on election day.
Processing of Voting Documents
All voting documents were processed by Electionz.com in Christchurch.
The orange voting bins that we had situated across the district were emptied every 3 days by couriers and the voting papers then delivered to Electionz.com in Christchurch for counting. Voting papers collected from the orange bins and hand-delivered votes to the Council office on Friday 10 October 2025 were couriered to Electionz.com at 2.00pm that same day. Any remaining voting papers hand-delivered to the Council office up until 12.00pm Saturday 11 October 2025 were couriered to Electionz.com at 1.30pm on 11 October 2025.
Orange Bins
Orange Voting bins were used this election and were situated in nine places around the district for the ease of last-minute voting for the community. These bins were very successful as they were situated in supermarkets, rural towns, library and council headquarters. Also, given the number of votes collected from these bins, this option appears to have had a positive impact on our voting percentage.
The communications activities undertaken during this election were more extensive than we have carried out in previous elections. Communications via social media and the council website kept people engaged and the reminder messaging was consistent. Big shout out to Media and Communications Specialist John Palenthorpe, and the wider Strategic Communications and Engagement team for their efforts.
Results
Progress results based on 85% of the voting documents were released on Saturday 11 October 2025.
Preliminary results were received on Sunday 12 October 2025.
The official results were received at 8.51pm on Thursday 16 October 2025 and were publicly advertised via Council’s website that evening 16 October 2025.
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Meeting Agenda |
10 November 2025 |
6 Confirmation of Previous Meeting Minutes
6.1 Public minutes of the Ahuriri Community Board Meeting held on 8 September 2025
Author: Allyson Woock, Governance Services Officer
Attachments: 1. Public minutes of the Ahuriri Community Board Meeting held on 8 September 2025
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That the Ahuriri Community Board confirms the Public minutes of the Ahuriri Community Board Meeting held on 8 September 2025, as circulated, as a true and correct record of that meeting.
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Meeting UNCONFIRMED Minutes |
8 September 2025 |
DRAFT UNCONFIRMED MINUTES
OF THE Ahuriri Community Board Meeting
HELD IN THE Kurow Community Centre, 31
Gordon Street, Kurow
ON Monday, 8 September 2025 AT 2:00 pm
PRESENT: Member Calum Reid (Chair), Member Steve Dalley, Member Mike King, Member Alan Pont, Cr Brent Cowles
IN ATTENDANCE: Mayor Gary Kircher
Paul Hope (Support Services Director)
Allyson Woock (Governance Services Officer)
In Attendance for Specific Agenda Items:
Nicole Schofield, Public Forum, Agenda Item 6.1
Claire Foster (Commercial & Property Lead), Agenda Item 6.1
Paul Hayes (Assets Planning Manager), Agenda Item 6.2
Gary Woock (Assets Planning Officer), Agenda Item 6.2
meeting open
The Chair declared the meeting open at 2:00pm and welcomed everyone present.
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Resolved ACB 2025/022 Moved: Mr Mike King Seconded: Mr Alan Pont That the apology received from member Karen Turner (for absence) be accepted. Carried |
There were no declarations of interest.
Speaker Nicole Schofield
Nicole Schofield from the Hakataramea Valley presented her project to restore the former Kurow School and establish it as a not-for-profit art school.
Ms Schofield tabled a one-page summary outlining the project’s progress and support sought from the Ahuriri Community Board. This document is available as an attachment to these minutes upon request.
Ms Schofield advised that a trust was being established to receive the former Kurow School building.
When asked whether the trust would operate independently or under the Waitaki Valley Community Society Incorporated (WVCSI), Ms Schofield explained that during the first year of the project, she would work with WVCSI on a subcommittee for the project. This arrangement would provide support for managing funds under the relevant legislation.
Ms Schofield has been working with Heritage New Zealand and Council’s Heritage Advisor to develop a conservation plan. She confirmed there was no intended change in the original use of the building as a school.
4 Confirmation of Previous Meeting Minutes
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4.1 Public minutes of the Ahuriri Community Board Meeting held on 1 July 2025 |
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Resolved ACB 2025/023 Moved: Mr Alan Pont Seconded: Mr Mike King That the Ahuriri Community Board confirms the Public minutes of the Ahuriri Community Board Meeting held on 1 July 2025, as circulated, as a true and correct record of that meeting. Carried |
5 Decision Reports
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5.1 Ahuriri Minor Improvements Budget Priorities |
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The report sought the board’s agreement on priority projects for completion from the 2025/26 minor improvements budget. Chair Calum Reid updated members on projects currently underway across the ward. Projects considered for funding from the minor improvements budget included: · Funding towards Waitaki Valley Community Society Incorporated’s project proposal to install a sheltered seating area on the site of the overgrown ex-public toilet area in Kurow. · A refresh of the Ahuriri Ward township Christmas decorations which had seen wear and tear. However, it was suggested that there might be depreciation funds available for this purpose. Members agreed to meet within the next fortnight to set priorities and report back to officers. It was noted that an updated community plan would assist with prioritising expenditure decisions. |
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Resolved ACB 2025/024 Moved: Mr Steve Dalley Seconded: Mr Alan Pont That the Ahuriri Community Board: 1. Approves three priority projects to progress from the Ahuriri minor recreation improvement budget. Carried |
6 Memorandum Reports
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6.1 Former Kurow School Building |
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The report provided the board with information and options for restoration of the former Kurow School building. Commercial & Property Lead Claire Foster spoke to the report and answered questions asked by members. It was asked whether classifying the land as a historic reserve would enable a peppercorn lease instead of a commercial lease. Ms Foster clarified that while it wouldn't be a commercial lease, any commercial activity would need to be acknowledged in the lease terms. She noted various rental arrangements could be considered. Given the substantial funding required for restoration, Council would likely consider a peppercorn rent arrangement with a 33-year lease term to provide the trust with better opportunities to secure funding. Chair Calum Reid noted that relocating the building could allow the land to be sold to a commercial entity, reducing the burden on ratepayers. Ms Foster advised that the land is included in Council's current strategic land review. Disposal would remove Council's maintenance responsibilities but might not generate substantial revenue. Ms Schofield asked about the possibility of the land being transferred to the trust in addition to the building. Ms Foster responded that this would require investigation and discussion with the Department of Conservation. |
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Resolved ACB 2025/025 Moved: Mr Mike King Seconded: Mr Steve Dalley That the Ahuriri Community Board receives and notes the information. Carried |
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Resolved ACB 2025/026 Moved: Mr Steve Dalley Seconded: Mr Alan Pont That the Ahuriri Community Board: 1. Supports the proposal to restore the former Kurow School building with the aim of establishing an art school within part of the building; 2. Requests a report to come back to the board on reclassifying the reserve as historic and gifting the building to a Trust with a building footprint 33-year ground lease at agreed rent with all outgoings payable granted subject to community approval and Council consents; and 3. Prefers a peppercorn rent. Carried |
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6.2 Waitaki Valley School Level Crossing and Footpath Connections from Whalan Lodge |
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The report addressed the board’s request for information on pedestrian safety improvements around the Waitaki Valley School. Assets Planning Manager Paul Hayes and Assets Planning Officer Gary Woock spoke to the report and answered questions asked by members. It was noted that funding for any option chosen would likely need to come from the Kurow amenity rate as no other budget was available. Chair Calum Reid asked whether using a local contractor could reduce the cost of any minor safety improvements undertaken. It was acknowledged this could lower establishment fees but that Council's procurement process must be followed and improvements must comply with the design plan. Mr Reid and member Alan Pont identified the priority aspects of the work as being the relocation of the crossing point and extension of the sight rail from Manse Road around the corner to Robinson Street. The board agreed that there were some minor low-cost improvements that could be made to address these priorities. |
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Resolved ACB 2025/027 Moved: Mr Alan Pont Seconded: Mr Steve Dalley 1. That the Ahuriri Community Board receives and notes the information. 2. That the Ahuriri Community Board approves $20k from the Kurow amenity fund for minor safety improvements relating to the road crossings, extended sight rails, and entrance way crossings, with the final approach to be confirmed by an onsite visit between the Kurow-based board members and officers. 3. That a report comes back to the board with costings on the complete footpath project. Carried |
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6.3 Correspondence |
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The report presented board correspondence on Waitaki District Council’s 2025-34 Long Term Plan, the Kurow Island jet boat ramp, the car park resealing at the Omarama Hall, and community board delegations. Chair Calum Reid advised that the correspondence relating to the Kurow Jet Boat Ramp was in response to issues caused by two new bridges being installed. Mr Reid has been in discussions with Gary Hawkins about the ongoing maintenance of the ramp and how this will be paid for. One of the suggestions is a QR code system which would allow payments to be made to a bank account for the island. Member Mike King advised that MCM Contracting Ltd would commence work on the Omarama Hall carpark after mid-September. This work will address disability access into the hall. |
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Resolved ACB 2025/028 Moved: Member Mike King Seconded: Member Alan Pont That the Ahuriri Community Board formally receives the attached items of correspondence and considers officer comments (where available) and any actions in response. Carried |
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6.4 Council Information Report |
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The report provided links to agenda papers and related attachments from recent Council Meetings and events for the information of Community Board members and their ward communities. Mayor Kircher advised that Council are expecting a response in late September regarding whether the Department of Internal Affairs has accepted Council’s Water Services Delivery Plan. Chair Calum Reid commended Council’s gifting of land to the Waitaki Valley Health Trust. |
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Resolved ACB 2025/029 Moved: Member Alan Pont Seconded: Member Steve Dalley That the Ahuriri Community Board receives and notes the information. Carried |
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6.5 Building Consents issued in the Ahuriri Ward during June and July 2025 |
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The report provided the Ahuriri Community Board with a list of building consents issued in the Ahuriri Ward during June and July 2025. |
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Resolved ACB 2025/030 Moved: Mr Mike King Seconded: Mr Alan Pont That the Ahuriri Community Board receives and notes the information. Carried |
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Financial Report to Ahuriri Community Board (September 2025) |
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The report updated the Ahuriri Community Board on financial matters and activities within the Ahuriri ward. |
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Resolved ACB 2025/031 Moved: Mr Steve Dalley Seconded: Mr Alan Pont That the Ahuriri Community Board receives and notes the information. Carried |
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6.7 Community Board Members' and Ward Councillor's Report |
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The report shared updates from the Ahuriri Community Board Members and the Ahuriri Ward Councillor for the information of communities in the Ahuriri Ward. Member Alan Pont reported on the Bright Fern Energy presentation he attended on 30 July 2025, where he asked about community funding opportunities. He suggested that the company could contribute to the community through initiatives such as installing solar panels on local schools and halls. Bright Fern Energy representatives advised that community funding requests would be assessed on a case-by-case basis. Mr Pont also reported that at the Meridian Energy meeting he attended on 18 August 2025, volunteers poured approximately six metres of concrete at the beginning of the Kurow wetlands track and installed a handrail to make it more accessible. |
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Resolved ACB 2025/032 Moved: Mr Mike King Seconded: Mr Alan Pont That the Ahuriri Community Board receives and notes the information. Carried |
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6.8 Election Update |
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The report provided an update on pre- and post-election matters. Chair Calum Reid acknowledged Mayor Kircher’s retirement. Mr Reid recalled working alongside Mayor Kircher for approximately nine years while on the Ahuriri Community Board. During this time, Mr Reid has found Mayor Kircher to be very engaging and open to having discussions, and he acknowledged the amount of time and effort that Mayor Kircher has put into the Ahuriri Ward. On behalf of the Ahuriri Community Board, Mr Reid thanked Mayor Kircher and wished him all the best for the future. Mayor Kircher thanked Mr Reid for his kind words and expressed his appreciation for the working relationships he has had with the current Ahuriri Community Board members. He acknowledged the strength of the current board and commended the members’ focus on achieving things for the communities of the Ahuriri Ward. He thanked the members and wished them all the best with their work going forward. It was noted that member Alan Pont would be unable to make it to the Inauguration Ceremony in Oamaru on the evening of Wednesday 22 October 2025 and would need to be sworn in at the first Ahuriri Community Board Meeting of the 2025-2028 triennium which will be held on Monday 10 November 2025. |
7 Meeting Close
The Chair declared the meeting closed at 3:47pm.
[1] The Local Government (System Improvements) Amendment Bill is expected to be passed by the end of this year. It changes the purpose of Local Government to:
(a) to enable democratic local decision-making and action by, and on behalf of, communities; and
(b) to meet 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; and
(c) to support local economic growth and development by fulfilling the purpose set out in paragraph (b).
[2] A bill suggesting that this limit be raised to $100,000 is currently before a select committee.