Supplementary Reports Agenda of Bay of Islands-Whangaroa Community Board Meeting

Bay of Islands-Whangaroa Community Board Meeting Agenda

3 December 2020

7.6 Volunteer Agreements - Kerikeri Walkway Group and Vision Kerikeri

File Number: A2998575

Author: Nina Gobie, Team Leader - Facilities Operations

Authoriser: Andy Finch, General Manager - Infrastructure and Asset Management

Purpose of the Report

The purpose of this report is to seek endorsement of the volunteer agreements signed by the Kerikeri Walkway and Vision Kerikeri volunteer groups.

Executive Summary

· There are a number of volunteer groups around the District who have and continue to be involved in maintaining, improving and developing Council property especially parks and reserves.

· As per the Health and Safety at Work Act 2015, Council has a duty of care and responsibility when utilising volunteers.

· There have been issues of not knowing who is doing what work, where, including the creation of assets that require ongoing care/maintenance and may, in extreme cases, not be compliant. These by default fall back to Council to be responsible for.

· Council has introduced a programme where known volunteers are taken through a Health and Safety volunteer induction workshop.

· The volunteer group are then required to complete a Volunteer Agreement that outlines roles, responsibilities and a schedule of works that the group will carry out over the following 1 – 2 years.

· To date, Health and Safety training and volunteer agreements have been completed by:

i) Kerikeri Walkway Volunteer Group who maintain the Peacock Gardens walkway, along the Kerikeri River; and

ii) Vision Kerikeri who are creating and maintaining the Wairoa Stream walkway, Kerikeri.

· Use of volunteers is recognised as supporting Council outcomes and has minimal financial implications.

Recommendation

That the Bay of Islands-Whangaroa Community Board endorse the volunteer agreements as signed with the Kerikeri Walkway Volunteer Group and Vision Kerikeri.

1) Background

Kerikeri Walkway Group

The Kerikeri Walkway Group have been undertaking works within the Peacock Gardens along the Kerikeri River for many years without a formal agreement with Council. Much of their work has been weed control, planting and track maintenance. The volunteer agreement (as attached) establishes the relationship and roles & responsibilities going forward and must be reviewed annually.

Vision Kerikeri

Vision Kerikeri have been developing the Wairoa River track in Kerikeri for several years without clear direction or input from council. This has left Council in a vulnerable position as a number of structures / assets have been built without oversight or appropriate approvals and yet by default Council have become responsible and liable for them. This volunteer agreement (as attached), encompasses the need to ensure all Health and Safety and compliance requirements are acknowledged and any structures built are to the required standards (DOC Standards at a minimum) with the ability for Council to approve, control and oversee.

It should be noted that this agreement is driven by risk mitigation rather than any current concerns with the works undertaken.

2) Discussion and Options

Both community groups have been very active within their respective areas for several years without a formal agreement with Council.

As per the Health and Safety at Work Act 2015, Reserves Act 1977, Building Act 2004 and Resource Management Act 1991, Council as the landowner has a responsibility to ensure compliance and mitigate any potential risks.

The volunteer agreement enables community groups to work on Council reserves and parks, be engaged and provide additional services over a specific time period.

Reason for the recommendation

To better manage the work being carried out by volunteers on Council property and to provide opportunities for the betterment and building of strong communities.

3) Financial Implications and Budgetary Provision

Most of the upkeep and maintenance work carried out by the volunteer groups will continue to be undertaken by them in the future.

Some of the larger aspects, as agreed at the time of entering into the agreement will be the responsibility of Council and included in the District Facilities budget.

Attachments

1. Kerikeri Walkway Group Signed Volunteer Agreement - A3012522 ⇩

2. Kerikeri Walkway Group Agreement Schedules - A3012519 ⇩

3. Vision Kerikeri Signed Volunteer Agreement Sept 2020 - A3012520 ⇩

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

c) If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, 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.

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Health and Safety at Work Act 2015 Reserves Act 1977 Building Act 2004 Resource Management Act 1991 FNDC Volunteer Agreements
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Community Board delegated authority
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	Not applicable
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities.	Kerikeri locals and visitors to the facilities as noted
State the financial implications and where budgetary provisions have been made to support this decision.	Minimal financial implications
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report

Time:	10.00 am
Location:	Baysport Pavillion, Harmony Lane, Waipapa