Significance & Engagement Policy

1.0 Purpose of Policy

The purpose of this policy is to set out the Council's approach to determining the significance of matters on which it makes decisions, and to broadly guide the engagement approach and decision making to be undertaken, proportionate to the significance of the issue.

2.0 Determining the Degree of Significance

Significance is a continuum ranging from very low degrees of significance (not important) to very high degrees of significance (very important or critical).

Where a decision has a high degree of significance, it will be ‘significant'. The level of significance of a decision, including whether or not it is significant, will influence the approach the Council undertakes in engaging with the community and obtaining community views.

Certain types of decisions will be deemed to be significant. For all other decisions, the Council will determine significance based on a number of criteria. These deemed decisions and criteria are described in the following sections.

(A) Deemed significant decisions A decision will be deemed significant if it exceeds either of the following thresholds:

• It incurs operational expenditure exceeding 5.0% of the Council’s consolidated annual operating budget for that year.

• Incurs new capital expenditure on any one proposal in the first three years of the

Council’s plan, exceeding 10% of Council’s consolidated annual capital budget for that year. In addition, the following types of decisions will be deemed to be significant if they are not already explicitly provided for in the Council's long term plan and have been specifically consulted on as part of the long term plan consultation document:

• Any decision to transfer ownership or control, or dispose of, or abandon, a strategic asset;

• A decision to significantly alter the intended service level for any significant activity.

(B) Criteria for other decisions In determining the level of significance for any other issue, proposal, decision or other matter under this policy, Council will be guided by the following criteria:

• The number of people affected;

• The extent of the consequence;

• The financial implications for the Council’s overall resources; • The level of public interest;

• Reversibility, how easily a decision can be undone; and

• The consistency of the matter with existing Council policy, plans and documents.

Each of these criteria will be assessed to form a general understanding of the degree of significance and importance of the decision. A single criterion in isolation is not necessarily determinative of significance.

LEVEL OF SIGNIFICANCE

Not of Significance Moderate Significance High Degree of Significance

3.0 Linking Decision Making and Engagement

The degree of significance of the decision will guide the Council as to the approach it takes in making the decision and obtaining views of interested and affected parties in respect to the decision.

Proposals which are assessed at the higher end of the continuum of significance will require a more in-depth decision making process e.g. more in-depth analysis and if necessary a greater level of engagement and opportunity for the community to put forward their views.

The type of engagement undertaken will be proportionate to the significance of the matter and will be tailored to the number of affected residents. The spectrum ranges from at one end providing information and at the other full participation. The judgement as to what approach will be taken will be made on a case by case basis by the Council.

The Council will use the special consultative procedure, or consult in accordance with, or using a process or a manner that gives effect to, the requirements of section 82 of the Local Government Act 2002, when it is required to do so by legislation. These circumstances are listed in Appendix C.

In all other cases, the Council will have regard to the level of participation spectrum below to determine its engagement approach and will:

• Recognise that different levels of participation are appropriate for different issues and different members of the community;

• Consider which level(s) of participation to use, on a case-by-case basis;

• Make it clear which levels of participation will be used and why;

• Seek the appropriate degree of community input; and

• Use the level of 'inform' as a minimum standard in all our consultations.

LEVEL OF PARTICIPATION

Inform Consult Participate

Increasing involvement by affected and interested parties in and impact on decision-making. See Appendix (A) for a broad list of the types of engagement methods, and the likely circumstances in which they will be used. See Appendix B for a list of recent engagement examples. From time to time, Council may decide that it is not appropriate to carry out any form of engagement. For instance, a decision may have a low level of significance, or the Council may already be sufficiently informed about the views and preferences of interested and affected parties. Also, it may be inappropriate to undertake engagement where, in the opinion of the Council, failure to make a decision urgently would result in unreasonable or significant damage to property, or risk to people’s health and safety, or the loss of a substantial opportunity to achieve the Council’s Community Outcomes identified in the Long Term Plan.

4.0 Process for Significant Decisions

For significant matters (which do not require the use of the Special Consultative Procedure under legislation) the Council will broadly undertake the following steps:

• Obtain where practical preliminary community views prior to formulating a proposal for formal feedback;

• Undertake targeted engagement where directly affected parties are identified;

• Put in appropriate processes to hear community views; and

• Inform the affected community of the decision.

5.0 Engagement with Māori

For significant matters relevant to Māori, Council will actively consider early engagement with Māori in the development of appropriate plans and policies. For matters that are not significant, Council will maintain decision-making processes to provide opportunities for Māori to contribute.

Significant decisions in relation to land or a body of water must take into account the relationship of Māori and their culture and traditions with their ancestral land, water, sites, waahi tapu, valued flora and fauna, and other taonga.

6.0 Procedures to Ensure Compliance

All reports by officers to Council seeking a decision will include a statement addressing the issue of significance. If the proposal is considered to be significant:

1) The report is to include a statement about how the relevant sections of the Local Government Act 2002 and the Significance and Engagement policy will be observed.

2) The proposal will generally be subject to peer review, in a manner determined by the Council.

For decisions that are to be made under delegated authority, and for which there is no officer report to Council, the person acting under delegated authority will consider the significance of the matter, but will not necessarily document that consideration.

Note: decisions made under delegated authority are not significant by their very nature.

7.0 Guiding Principles for Consultation

The principles of consultation set out in section 82(1) of the Local Government Act 2002 will guide Council's approach when undertaking consultation. When determining what a particular consultation process will involve, Council will have regard to the matters set out in section 82 (4), including the nature and significance of the matter. Guidance on obligations and timing to respond to public correspondence is addressed in the Local Government Official Information and Meetings Act 1987 (LGOIMA or OIA), which sets a maximum of 20 working days.

8.0 Significance in Respect to Infrastructure Strategy

Council will have regard to the following matters in assessing the significance of an issue for inclusion in its Infrastructure Strategy: • The degree of cost involved in addressing the issue; • The degree of impact on levels of service; • The degree of risk; and • The degree of impact on meeting strategic priorities.

Note: Significance will generally be assessed at the district wide level, rather than addressing issues which may be significant for a small part of the district.

9.0 Strategic Assets

The Hastings District Council owns a number of assets and assets managed ‘as a whole’ that it considers to be strategic. However, not all trading decisions made regarding these assets are regarded as significant nor do they affect the assets’ strategic nature. The following assets (asset groups) are considered strategic:

• Infrastructural assets relating to roads, water, stormwater, and wastewater;

• The network of parks, sports parks, sports centres and other recreational facilities;

• The district’s aquatic facilities, including Splash Planet;

• Solid waste facilities, including transfer stations and the Omarunui Landfill;

• Housing for the elderly;

• Hastings District Libraries;

• Cemeteries and Crematorium;

• Hawke’s Bay Opera House and precinct (Toitoi); and

• Share Holding of Hawke’s Bay Airport.

Each of the above asset groups will be strategic assets only where a decision affects the whole of the asset group, not just some of the assets within the asset group.

Note: Some individual decisions within asset groups may however be significant after having regard to other criteria in this policy.

Appendix A

What it involves

Types of issues, proposals, decisions, or matters that we might use this for Inform

One-way communication To provide public with balanced, objective information to assist in the understanding of problems, alternatives, opportunities and/or solutions.

• Annual Report • Project Updates

Tools Council might use • Public Notices • Annual Report • Educational material • My Hastings publication • Website

When the community can expect to be involved Council will generally advise the community when a decision is made. Consult Participate

Two-way communication To obtain public feedback on analysis, alternatives and/or decisions. A participatory process To involve the community in various aspects of decision making, including the development of alternatives and identifying preferred solutions. Involvement could range from working together, to sharing resources, through to placing decisions in public hands.

• Annual Plan • Long Term Plan • Bylaws • Policy Amendments • Reserve Management Plans • Community Plans • Key Strategies • Major Projects

• Special Consultative Procedure • Submissions (My Voice My Choice) • Feedback forms • Surveys • Other research • Focus Groups • Citizens Panel • Council Voicebox • Public seminars and workshops • Working Parties • Collaborative Design Processes • Joint Committees • Trusts • Referendum • Transfer of Powers • Discussion and Negotiation

Council will advise the community when a draft decision is made and generally provides the community with a minimum of (4) weeks to participate and respond, unless there is good reason to have a shorter period. Council will generally provide the community with a greater lead-in time to allow time for them to be involved in the process, scope issues, collect information and consider options.

Note: The table above represents examples of the types of engagement tools the Council may apply depending on the level of community participation sought. This list is not definitive and not intended as a mandatory requirement for Council to implement.

Appendix B – Recent Engagement Examples

• Annual Report Summary • Project Updates via My Hastings Consult

• 2020 Class 4 Gambling Venue Policy • 2019/20 Annual Plan • 2020 Speed Bylaw

Appendix C – Legislative Circumstances Requiring Adherence to (Section 82) Principles of Consultation

Local Government Act 2002

Section 17

Section 56

Section 95

Section 102

Section 106

Sections 108 – 110

Sections 150, 156, 160 Matter

Transfer of Responsibilities Establishment of a Council Controlled Organisation Preparation and Adoption of an Annual Plan Adopting and Amending Funding and Financial Policies Adopting and Reviewing a Development Contributions Policy Adopting and Reviewing Rates Remission and Postponement Policies Bylaws (Setting Fees, Making/Amending/Revoking Bylaws and Bylaw Review Processes) Participate

• Various Community Plans • Various Reserve Management Plans • Fluoride Referendum • Te Ara Kahikatea Road (Enquiry by design Process)