Agenda of Ordinary Council Meeting

Ordinary Council Meeting Agenda

30 August 2018

COUNCIL MEMBERS REGISTER OF INTERESTS

Name	Responsibility (i.e. Chairperson etc)	Declaration of Interests	Nature of Potential Interest	Member's Proposed Management Plan
Hon John Carter QSO	Board Member of the Local Government Protection Programme	Board Member of the Local Government Protection Programme
Hon John Carter QSO	Carter Family Trust
Felicity Foy	Director - Northland Planning & Development	I am the director of a planning and development consultancy that is based in the Far North and have two employees.		I will abstain from any debate and voting on proposed plan change items for the Far North District Plan.
				I will declare a conflict of interest with any planning matters that relate to resource consent processing, and the management of the resource consents planning team.
				I will not enter into any contracts with Council for over $25,000 per year. I have previously contracted to Council to process resource consents as consultant planner.
	Flick Trustee Ltd	I am the director of this company that is the company trustee of Flick Family Trust that owns properties on Weber Place and Allen Bell Drive.
	Elbury Holdings Limited	This company is directed by my parents Fiona and Kevin King.	This company owns several dairy and beef farms, and also dwellings on these farms. The Farms and dwellings are located in the Far North at Kaimaumau, Bird Road/Sandhills Rd, Wireless Road/ Puckey Road/Bell Road, the Awanui Straight, Tahuna Road/Allen Bell Drive.
	Foy Farms partnership	Owner and partner in Foy Farms - a farm in three titles on Church Road, Kaingaroa
	Foy Farms Rentals	Owner and rental manager of Foy Farms Rentals for 6 dwellings on Church Road, Kaingaroa
	King Family Trust	This trust owns several titles/properties at Cable Bay, Seaview Rd/State Highway 10 and Ahipara - Panorama Lane.	These trusts own properties in the Far North.
	Previous employment at FNDC 2007-16	I consider the staff members at FNDC to be my friends
Partner Felicity Foy	Employed by Justaplumber Taipa
Partner Felicity Foy	Friends with some FNDC employees
Dave Hookway	Employed as “Health Promotion Advisor – Alcohol and other Drugs” for Northern District health Board.	A professional understanding of issues relating to drugs and alcohol.	Have made personal and professional submissions on Council policies.	Consider policies and proposals as presented in a fair and balanced manner.
Dave Hookway	I own my own property in Waipapa West.	Have 3 dogs and 2 cats (and quite a few chickens).	Love my pets	Consider policies and proposals as presented in a fair and balanced manner.
Colin Kitchen	No form received
Tania McInnes	Director – GBT Ventures Ltd	Company not currently operational		Will notify Council if company becomes operational.
	Member of Northland Conservation Board		Conservation matters not aligned with Council policy.	Will notify Council should a perceived conflict arise.
	Trustee – Northland Youth Education Trust		No perceived conflicts	Will notify Council should a perceived conflict arise.
	Founder – Bay of Islands Women’s Nexus	No perceived conflicts. An informal organisation
	Own a section on Seaview Road, Paihia 0200
	Having worked within the organisation in the early 2000’s, I know a number of staff, none of which I am close with.
Mate Radich	No form received
Ann Court	Waipapa Business Association	Member
	Warren Pattinson Limited	Shareholder	Building company. FNDC is a regulator and enforcer	No FNDC Controls
	Kerikeri Irrigation	Supplies my water		No EM intervention in disputes
	Top Energy	Supplies my power		No other interest greater than the publics
	District Licensing	N/A	N/A	N/A
	Top Energy Consumer Trust	Trustee	crossover in regulatory functions, consenting economic development and contracts such as street lighting.	Declare interest and abstain from voting.
	Ann Court Trust	Private	Private	N/A
	Waipapa Rotary	Honorary member	Potential community funding submitter	Declare interest and abstain from voting.
	Properties on Onekura Road, Waipapa	Owner Shareholder	Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)	Declare interest and abstain from voting.
	Property on Daroux Dr, Waipapa	Financial interest
	Flowers (I get flowers occasionally)	Ratepayer 'Thankyou'	Bias/ Pre-determination?	Declare to Governance
	Coffee and food	Ratepayers sometimes 'shout' food and beverage	Bias or pre-determination	Case by case
	Consider all staff my friends	N/A	Suggestion of not being impartial or pre-determined!	Be professional, due diligence, weigh the evidence. Be thorough, thoughtful, considered impartial and balanced. Be fair.
		My husband is a builder and may do work for Council staff
Warren Pattinson (Husband)	Warren Pattinson Limited	Director	Building Company. FNDC is a regulator	Remain at arm’s length
	Air NZ	Shareholder	None	None
	Warren Pattinson Limited	Builder	FNDC is the consent authority, regulator and enforcer.	Apply arm’s length rules
	Kurbside Rod and Custom Club (unlikely)	President NZ Hot Rod Association	Potential to be linked to a funding applicant and my wife is on the decision making committee.	unlikely to materialise but would absent myself from any process as would Ann.
	Property on Onekura Road, Waipapa	Owner	any proposed FNDC capital work in the vicinity or rural plan change. Maybe a link to policy development.	Would not submit. Rest on a case by case basis.
	Worked with or for Mike Colebrook and Kelvin Goode	Paid employment	N/A	N/A
Sally Macauley	Chairman	Northland District Health Board	Matters pertaining to health issues re Fluoride and freshwater as an example.	Declare a perceived conflict.
	Chairman	Oranga Tamaraki - Ministry of Vulnerable Children- Northland Community Response Forum	Matters pertaining to this ministry	Declare a perceived conflict.
	Judicial Justice of the Peace	Visitations to Ngawha Prison	Matters pertaining to Judicial Issues re Ngawha Prison	Declare a perceived Interest
	The Turner Centre	FNDC Representative	Observer, acknowledging FNDC financial contribution.	Note FNDC partnership
	Trustee	Kaikohe Education Trust	Providing students laptops - possible request for written support to funders	Declare a conflict
	Executive member	Kaikohe Business Association	Matters pertaining to request for written support to funders.
	Chairman	Bay of Islands Arts Festival Trust	Issues pertaining to the application of support funds	Declare a conflict of interests
	Trustee	Bay of Islands Radio Marine	Issues pertaining to the application of support funds	Declare a conflict of interets
	Secretary/Trustee	Kerkeri International Piano Competition	Issues pertaining to the application of support funds	Declare a conflict of interests
	Trustee/Director	Kaikohe Community and Youth Trust	Possible application of support funding	Declare a conflict of interests
	Commercial	Palmer Macauley Offices- Kerikeri and Kaikohe	Infrastructural matters with FNDC	Declare a conflict
	Private property of which there would not be any conflict.
	Paihia, Kerikeri, Kaikohe
Peter Macauley (Husband)	Senior Partner	Palmer Macauley
	Peter Macualey	Barristers and Solicitors- Kerikeri, Kaikohe and Mangonui	Legal matters with FNDC
	Director/Trustee
	St John NZ Priory Chapter	St John Priory Chapter	Legal matters with FNDC	Declare a conflict
	Senior Partner	Peter Macauley- Palmer Macauley Barristers and Solicitors Kaikohe, Kerikeri AND Mangonui	Legal matters with FNDC	Declare a conflict
	St John NZ	Priory Trust Board	Writing of policies and legal matters as an example	Note Interests
	Lions Club of Kaikohe	Director	Legal matters etc	Note Interests
	Kaikohe Rugby Club	Patron	Legal Matters
	Viking Rugby Club, Whangarei	Life Member	Legal Matters
	Private Property
	Kerkeri, Paihia - no contents.
Dave Hookway	Employed as "Health Promotion Advisor-Alcohol and other Drugs" for Northern District Health Board.	A professional understanding of issues relating to drugs and alcohol.	have made personal and professional submissions on council policies	Consider policies and proposals as presented in a fair and balanced manner.
Dave Hookway	I own my own property at 188b Waipapa West Rd, Waipapa.	Have 3 dogs and 2 cats (and quite a few chickens)	Love my pets.	Consider policies and proposals as presented in a fair and balanced manner.
John Vujcich	Board Member	Ngati Hine Health Trust	Matters pertaining to property or decisions that may impact of their health services	Declare interest and abstain
	Board Member	Pioneer Village	Matters relating to funding and assets	Declare interest and abstain
	Director	Waitukupata Forest Ltd	Potential for council activity to directly affect its assets	Declare interest and abstain
	Director	Rural Service Solutions Ltd	Matters where council regulatory function impact of company services	Declare interest and abstain
	Director	Kaikohe (Rau Marama) Community Trust	Potential funder	Declare interest and abstain
	Partner	MJ & EMJ Vujcich	Matters where council regulatory function impacts on partnership owned assets	Declare interest and abstain
	Member	Kaikohe Rotary Club	Potential funder, or impact on Rotary projects	Declare interest and abstain
	Member	New Zealand Institute of Directors	Potential provider of training to Council	Declare a Conflict of Interest
	Member	Institute of IT Professionals	Unlikely, but possible provider of services to Council	Declare a Conflict of Interest
	Member	Kaikohe Business Association	Possible funding provider	Declare a Conflict of Interest
Mike Edmonds	Chair	Kaikohe Mechanical and Historic Trust	Council Funding	Decide at the time
Mike Edmonds	Committee member	Kaikohe Rugby Football and Sports Club	Council Funding	Withdraw and abstain
Adele Gardner	N/A - FNDC Honorarium
	The Far North 20/20 , ICT Trust	Trustee
	Te Ahu Charitable Trust	Trustee
	ST Johns Kaitaia Branch	Trustee/ Committee Member
	I know many FNDC staff members as I was an FNDC staff member from 1994-2008.
Partner of Adele Gardner	N/A as Retired
Terry Greening	Greening Family Trust	Beneficiary		Highly unlikely to interface with FNDC
	Duffus Memorial Trust (Chairman)	Pensioner cottages with council easements over the land	Potential of seeking funds	Step aside from any requests or decisions regarding requests
	Bay of Islands Walking Weekend Trust		Potential of seeking funds	Step aside from any requests or decisions regarding requests
	Russell 2000 Trust (Chairman)			Trust is about to wind up.
	Russell Centennial Trust (ex-officio trustee)	Manages Russell Museum	Seeks funds from council	Step aside from any requests or decisions regarding requests
	Residence at Kaha Place, Russell	Nil	Nil	N/A
Terry Greening (Wife)	Greening Family Trust	Beneficiary	N/A	N/A
Terry Greening (Wife)	Residence at Kaha Place, Russell

Ordinary Council Meeting Agenda

30 August 2018

MINUTES OF THE MEETING OF THE FAR NORTH DISTRICT COUNCIL held in the council CHAMBER, MEMORIAL AVENUE, kaikohe ON 28 June 2018 COMMENCING AT 9.32 aM

PRESENT

Chairperson
His Worship the Mayor John Carter
Councillors
Tania McInnes Deputy Mayor
Ann Court
Felicity Foy
Dave Hookway
Colin Kitchen
Sally Macauley
Mate Radich
Kelly Stratford
John Vujcich
IN ATTENDANCE
Mike Edmonds	Chairperson Kaikohe-Hokianga Community Board (from 9.57am)
Terry Greening	Chairperson Bay of Islands-Whangaroa Community Board
Adele Gardner	Chairperson Te Hiku Community Board
STAFF PRESENT
Samantha Edmonds	Chief Executive Officer (Acting)
Andy Finch	General Manager Infrastructure and Asset Management Group
Kath Ross	General Manager Strategic Planning and Policy Group
Dr Dean Myburgh	General Manager District Services Group
Janice Smith	Chief Financial Officer
George Swanepoel	In-House Counsel
Jaime Dyhrberg	Executive Officer
Roger Ackers	Manager - Strategy Development
Glenn Rainham	Manager - Alliances
Paul Carr	Manager - Infrastructure Project Delivery
Wil Pille	Manager - Transport Operations
Sheryl Gavin	Manager - Corporate Planning and Engagement
Richard Edmondson	Manager - Communications
Jill Coyle	Manger - People and Capability
Caroline Wilson	Manager - District Administration
Angie Thomas	Manager - Financial Planning
Darren Edwards	Manager - Compliance and Resource Consents
Ken Thomas	Team Leader - Animal Management
Leslie Trussler	Policy Advisor
Andy Brown	Senior Asset Manager
Tanya Nowell	Team Leader - Infrastructure Programmes
Jo Boyd	Strategic Planning Support Officer
Maryn Ashby	Meetings Administrator
Melissa Wood	Meetings Administrator
Kim Hammond	Meetings Administrator

1.0 Prayer

His Worship the Mayor commenced the meeting with a prayer.

2.0 DEPUTATIONs

Agenda item 4.0 refers

· Leonie Exel representing BOI Watchdogs

- Presented a petition to His Worship the Mayor

- Koha for the dogs in the pounds

- Folder with the demands of the petition and the Code of Welfare - Temporary Housing of Companion Animals.

· Hilary Sumpter and Mike Simm - Kerikeri Retirement Village

3.0 Apologies AND DECLARATIONS OF INTEREST

Agenda item 2.0 refers

There were no apologies.

Councillor Court declared an interest in agenda item 8.1 - Far North Holdings Limited-Statement of Intent 2018-2021, and agenda item 8.2 - Far North Holdings Limited Equity Investment Decision Amendment.

4.0 MAYORAL ANNOUNCEMENTS

Agenda item 4.0 refers

Various announcements were made by His Worship the Mayor:

· Climate Change

· Letter from Rt Hon Jacinda Ardern - Centenary of Armistice Day

· LGNZ Rural and Provincial - 3 Waters

5.0 STRATEGIC PLANNING AND POLICY GROUP

5.1. Proposed Dog Management Policy and Bylaw 2018 for consultation

Agenda item 9.3, document number A2005799, pages 111 - 265 refers.

Resolved His Worship the Mayor/Radich

That Council adopt the Statement of Proposal - Dog Management Policy and Bylaw 2018 for consultation (Document number A2084226).

Carried

Councillor Hookway requested a vote by division

Ayes Noes

Deputy Mayor McInnes

Foy

Macauley

Hookway

His Worship the Mayor

Stratford

Kitchen

Radich

Court

Vujcich

6.0 confirmation of previous minutes

Agenda item 5.0, document number A1928667, pages 1 - 56 refers.

Resolved Kitchen/Vujcich

That Council

a) confirm the minutes of the Council meeting held 24 May 2018 as a true and a correct record, subject to the following amendment:

Item 2.6a and 2.6b Wastewater Drainage Bylaw was moved by Councillor Foy and not Deputy Mayor McInnes.

b) confirm the minutes of the proposed Dog Control and Easter Trading Bylaw Hearings of the Council held 08 February 2017, 10 February 2017, and 06 March 2017 as a true and correct record, subject to the following amendment:

Minutes of the Proposed Dog Control and Easter Trading Bylaw Hearings of the Far North District Council on Wednesday 08 February 2017 – correction Lane Ayr was
not the Chair of the Bay of Islands-Whangaroa Community Board.

Carried

7.0 Bay of Islands-Whangaroa Community Board

7.1. Lease 195 – 197 Puketona Road, Paihia

Agenda item 7.1, document number A2077032, pages 57 - 60 refers

Resolved Deputy Mayor McInnes/Court

That Council

a) enters into a lease on 195-197 Puketona Road, Paihia being part of Te Ti 10, Blks IV VII Kawakawa SD, with Job Complete Ltd at market rent for an initial term of 1 year and a further right of renewal of 2 years and a further right of renewal for 3 years.

b) The Chief Executive Officer is authorised to negotiate the terms and conditions of the lease.

Carried

8.0 AUDIT, RISK, AND FINANCE COMMITTEE

8.1. Far North Holdings Limited – Statement of Intent 2018-2021

Agenda item 8.1, document number A2080843, pages 61 - 77 refers

Resolved Vujcich/Macauley

That Council

a) confirm the Far North Holdings Statement of Intent 2018-2021

b) workshop with Far North Holdings Ltd their respective roles in economic development, prior to March 2019.

Carried

Councillor Court abstained from voting

Councillor Hookway requested his vote against the motion be recorded

8.2. Far North Holdings Limited Equity Investment Decision Amendment

Agenda item 8.2, document number A2080735, pages 79 - 94 refers

Resolved Vujcich/Macauley

That Council

a) provides equity investment to FNHL of $5 million to enable it to purchase the property to create an industrial park and support the economic development of the District and purchase the Fonterra shares.

b) proceeds with the necessary legal and administrative activities to ensure:

          i) that FNHL amend the SOI for the three year period to 2021, to include a                   dividend payment of 2018/19 $1,097,000, 2019/20 $1,215,000, 2020/21
      $1,340,000, 2021/22 $1,340,000 or 60% of its after-tax profit to the Council,
      whichever amount is higher.

          ii) that FNHL undertake to purchase the farm property and Fonterra     shares
        for the purposes of developing it into an Industrial park, and that FNHL may
        use the property as security for a loan.

          iii) that the SOI reflect the Councils wishes for the property to be developed
        into an Industrial Park and that should the development         potential of the
        site not lead to business and industry locating at the site, having given
        FNHL a minimum of 3 years to do so, that the        company will look to dispose
        of the farm, or to refund to Council, over a 5 year period, the equivalent of
        the additional funds invested.

iv) that the share issue be in the form of non-participating redeemable
preference shares.

          v) that Council and FNHL, in addition to the SOI, form a separate
       agreement outlining the share subscription agreement to include the
       following;

- the shares remain as non-participating redeemable preference shares

- that the redemption of shares is at the option of FNHL, rather than Council

- requirement that the funds are used to purchase the land at Ngawha for
the purposes of development of the industrial park.

c) Council revoke the decision made at the Council meeting held 28 March 2018 (minutes item 8.1 Council 28 March 2018 refers).

Carried

Councillor Court abstained from voting

Councillor Hookway requested his vote against the motion be recorded

9.0 STRATEGIC PLANNING AND POLICY GROUP (continued)

9.1. Engagement on draft Policy Framework for the New District Plan

Agenda item 9.1, document number A2074426, pages 95 - 103 refers

Resolved Court/Vujcich

That Council approves a targeted engagement process during July and August 2018 on the draft policy framework for the new District Plan and requests staff report the outcomes from the targeted engagement to Council.

Carried

Councillor Foy declared conflict of interest and abstained from voting

9.2. District Plan Update

Agenda item 9.2, document number A2070332, pages 105 - 110 refers

Resolved Court/Hookway

That Council note the report entitled “District Plan Update”, dated 29 March 2018.

Carried

Councillor Foy declared conflict of interest and abstained from voting

9.3. Removal of Awanui Reserve as designated freedom camping site

Agenda item 9.4, document number A2079117, pages 267 - 292 refers

Resolved Hookway/Radich

That Council remove Awanui Reserve as a designated freedom camping site from the schedule of the Camping in Public Places Policy 2016

Carried

10.0 CORPORATE SERVICES GROUP

10.1. Remits for consideration at LGNZ AGM 2018

Agenda item 10.1, document number A2086393, pages 293 - 338 refers

Resolved Stratford/Kitchen

That Council

a) endorses remits

- Drug testing in community

- HCV – Rural Roads policy

- Heritage Buildings

- Climate Change – advocate to banks

- Climate Change adaption fund

- Local Alcohol Policies

- Biofuels

- Walking the talk – single use plastics

- A mandatory register of cooling towers

- Copper in brake pads

- Reducing the waste stream

- Tyres stewardship

Carried

Councillor Court declared an interest in the remit - Local Alcohol Policies, and withdrew from the discussion

Resolved Stratford/Vujcich

That Council

c) requests the presiding delegate votes in line with these views at the LGNZ 2018 AGM.

Carried

10.2. Proposed Remit to Local Government New Zealand Annual General Meeting 2018

Agenda item 10.2, document number A2043630, pages 339 - 341 refers

Resolved Deputy Mayor McInnes/Kitchen

That Council note that the draft remit proposal at the 26 April 2018 Council meeting did not proceed and that in lieu of the remit progressing staff will undertake an operational review.

Carried

11.0 CHIEF EXECUTIVE OFFICER

11.1. Chief Executive Officers Report – Period: 1 April – 31 May 2018

Agenda item 11.1, document number A2086019, pages 343 - 375 refers.

Resolved His Worship the Mayor/Radich

That Council

a) notes the Chief Executive Officer’s Report - Period: 1 April – 31 May 2018.

b) request a report be presented to the Infrastructure Network Committee on the Interagency Illegal Rubbish Group.

Carried

Note: Recognised the passing of Louise Clarke and passes on their well wishes to the Chief Executive Officer and family.

The Elected Members passed on their congratulations to Manuwai Wells on her election to the Bay of Islands-Whangaroa Community Board.

The Elected Members thank Kathryn Ross for her work done with the Far North District Council and wish her well in her new role.

The meeting adjourned at 10.50 am and resumed at 11.01 am

12.0 Public EXCLUSION

Agenda item 12.0 refers.

12.1. Resolution to Exclude the Public

Resolved His Worship the Mayor/Hookway

Resolution to exclude the public:

a) That the public be excluded from the meeting pursuant to section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 on the grounds that the public conduct of the proceedings would be likely to result in the disclosure of information for which good reason for withholding exists, while the matters listed below are being dealt with for the reason as set out below;

1.0 Confirmation of Previous Minutes

2.1 ITEM WITHDRAWN at the request of the Chief Executive Officer (Acting)

~~Direct Award to Exeloo Limited – Kaimaumau Toilet Upgrade~~

2.2 Recommendation to award the Water Services Interim Alliance Agreement Contract

3.1 Water remission – Kerikeri Primary School

3.2 Water remission – Opononi Area School

3.3 Road Maintenance and Renewals Contracts FNDC Con 7/18/100 and FNDC Con 7/18/101 for 2018-2022.

4.1 Ngakahu Trust: Easement and Access to Kauri Dam

To carry out, without prejudice or disadvantage, commercial activities.

b) That Adele Gardner - Chairperson Te Hiku Community Board; Mike Edmonds - Chairperson Kaikohe-Hokianga Community Board; and Terry Greening - Chairperson Bay of Islands-Whangaroa Community Board be permitted to remain at this meeting after the public has been excluded, because of their knowledge of local wards. This knowledge, which will be of assistance in relation to the matters to be discussed, is relevant to that matter because they advocate for and represent local community views.

c) That Jeff Devine - Roading Manager, Whangarei District Council, and Jacqui Hori-Hoult - System Manager Northland, New Zealand Transport Authority, be permitted to remain at this meeting after the public has been excluded in order to speak to the PX agenda item 3.3 refers, and respond to any questions that may arise in regard to this matter.

Carried

At the conclusion of the business of the meeting held with the public excluded, the business of Council resumed in open meeting.

13.0 CONFIRMATION of decisions and information in open meeting

Agenda item 12.0 refers.

Resolved His Worship The Mayor/Vujcich

That Council confirms that the following

a) information contained in the part of the meeting held with the public excluded be restated in public meeting:

Item 2.2 – Recommendation to award the Water Services Alliance Agreement Contract. To be released without dollar amounts.

Item 3.3 – Road Maintenance and Renewals Contracts FNDC Con 7/18/100 and FNDC Con 7/18/101 for 2018-22022. To be released without dollar amounts.

b) decisions contained in the part of the meeting held with the public excluded be restated in public meeting:

Item 2.2 – Recommendation to award the Water Services Alliance Agreement Contract. To be released without dollar amounts.

Item 3.3 – Road Maintenance and Renewals Contracts FNDC Con 7/18/100 and FNDC Con 7/18/101 for 2018-22022. To be released without dollar amounts.

Carried

The meeting adjourned at 1:00 pm and resumed at 1:23 pm.

14.0 major item not in the agenda

Resolved His Worship The Mayor/Kitchen

That Council

That the matter of the “Updated financial information for the LTP 2018/28” be considered by Council as a matter of urgent consideration as provided for in Section 46A(7) of the Local Government Official Information and Meetings Act 1987.

i) The reason the report is not on the agenda is, since the agenda for the 28 June 2018 Council meeting was distributed, a number of changes have been made to the LTP as a result of errors brought to our attention.

ii) The reason it cannot be delayed is that the amendments to the LTP are required to complete audit activities and comply with the Independent Auditors Report.

Carried

15.0 Long term plan adoption

15.1. Adoption of the Hupara Rd Seal Extension Capital Funding Plan 2018

Agenda item 6.1, document number A2068109, supplementary agenda pages 1 - 6 refers.

Resolved His Worship The Mayor/Radich

That Council adopt the Hupara Road Sealing Capital Funding Plan.

Carried

15.2. Adoption of the Revenue and Financing Policy

Agenda item 6.2, document number A2093812, supplementary agenda pages 7 - 22 refers.

Resolved His Worship The Mayor/Court

That Council adopt the Revenue and Financing Policy pursuant to the Local Government Act 2002 Sections 102(2) and 103 for inclusion in the Long Term Plan 2018-28.

Carried

Councillor Hookway requested a vote by division

Ayes Noes

McInnes Stratford

Foy Hookway

Macauley

Court

His Worship the Mayor

Radich

Vujcich

Kitchen

Carried

15.3. Rating Relief Policies – Revocation and Clarification

Agenda item 6.5, document number A2095859, supplementary agenda pages 37 - 90 refers.

Resolved His Worship The Mayor/Maculey

That Council:

a) rescind the following decision made at its meeting on 24 May 2018:

2.3a) That Council approves an amendment to the Community, Sports and Not-for-Profit Organisations provision, replacing the term “owned or used by” with “owned or used by, and for the purposes of”.

2.3d) That Council approves an amendment to the Landlocked Land provision, condition 5, to state that if the land ceases to be landlocked during a postponement, postponed rates will not become repayable as long as the owner keeps current and future rates up to date.

2.3e) That Council approves an amendment to the Land Subject to Protection for Outstanding Natural Landscape, Cultural, Historic or Ecological Purposes, condition 5, to state that the remission or postponement will only apply to the protected portion of the rating unit.

2.3f) That Council approves an amendment to the Māori Freehold Land Not Used provisions to remove the term “unoccupied” and replacing with “not used”.

2.3g) That Council approves an amendment to the Papakainga on Māori
Freehold Land provisions, condition 5, to now read “Council reserves the right to cancel the remission on the portion of a rating unit upon which rates remain unpaid for a period of more than one month after the due date”.

2.3h) That Council approves an amendment to the Water Charges on Government Funded Subsidy Schemes provisions to clarify that the remission does not terminate upon change of ownership.

2.3i) That Council adopt the Rating Policies as amended.

2.3j) That Council delegate the CEO authority to make any final minor edits to the policies prior to publication

b) adopt the Rating Relief Policies with the following changes:

i) Amendment of the Community, Sports and Not-for-Profit Organisations
provision to:

1. Replace the term “owned or used by” with “owned or used by, and for the
purposes of”.

2. Remove condition 3 to eliminate the provision to remit service charges.

ii) Removal of the Extreme Financial Hardship Policy.

iii) Amendment of condition 5 of the Landlocked Land Policy to state that if the land ceases to be landlocked during a postponement, postponed rates will not become repayable as long as the owner keeps current and future rates up to date.

iv) Amendment of condition 5 of the Land Subject to Protection for Outstanding Natural Landscape, Cultural, Historic or Ecological Purposes Policy to state that the remission or postponement will only apply to the protected portion of the rating unit.

v) Amendment of the Māori Freehold Land policies to replace the term “unoccupied” with “not used”.

vi) Amendment of condition 5 of the Papakainga on Māori Freehold Land Policy to now read “Council reserves the right to cancel the remission on the portion of a rating unit upon which rates remain unpaid for a period of more than one month after the due date”.

vii) Amendment of the Wastewater Charges on Government Funded Subsidy Schemes Policy to clarify that the remission does not terminate upon change of ownership.

c) Adopt the following policies without change:

- Common-use properties – to adopt without change

- Excess water charges – to adopt without change

- Incentivising Maori Economic Development – to adopt without change

- New Users of Maori Freehold Land – to adopt without change

- Penalties – to adopt without change

- Properties Spanning Multiple Districts – to adopt without change

- Residential Rates for Senior Citizens – to adopt without change

- School Sewerage Charges – to adopt without change

- Treaty Settlement Lands – to adopt without change

- Unusable Land – to adopt without change

d) Revoke the following current policies:

- Policy for Remission of Additional Penalties

- Policy for Remission of Postponed Rates

- Policy for Remission of Rates on Land that has made Lump sum Contributions

- Transitional policy for the Postponement of Rates on Farmland

e) Delegate the CEO authority to make any final minor edits to the policies prior to publication

Councillor Hookway requested his vote against the motion be recorded.

15.4. Major Item not on the Agenda

Resolved His Worship The Mayor/Radich

ii) The reason it cannot be delayed is that the amendments to the LTP are required to complete audit activities and comply with the Independent Auditors Report.

Carried

15.5. Updated financial information for the LTP 2018/28

Resolved His Worship the Mayor/Deputy Mayor McInnes

That Council:

a) approve the following amendments for inclusion in the final 2018-2028 Long Term Plan:

• Correction to the opening debt balance for the Kerikeri Wastewater project.

• Reclassification of fees and charges income to revenue from rates

• Correction of Environmental Management Funding Impact Statement to include two missing figures.

Carried

Councillor Hookway requested a vote by division

Ayes Noes

Macauley Hookway

Court

His Worship the Mayor

Radich

Vujcich

McInnes

Foy

Stratford

Kitchen

15.6. Adoption of the 2018 - 2028 Long Term Plan

Agenda item 6.3, document number A2092700, supplementary agenda pages 23 - 26 refers.

Resolved His Worship the Mayor/Court

That Council:

a) In accordance with the requirements of sections 101A and 101B of the Local Government Act 2002, adopts the Financial Strategy and Infrastructure Strategy as contained in the final 2018–2028 Long Term Plan.

b) Adopts the 2018–2028 Long Term Plan as amended in accordance with the decisions made at the Deliberations meeting held on 24 May 2018 and the final changes notified by Audit New Zealand.

c) Authorises the Chief Executive Officer to approve any minor accuracy, grammatical or formatting amendments prior to the Long Term Plan 2018 – 2028 being published or uploaded onto the Far North District Council website.

d) requests staff to report back to council with a scope and timeframes to complete a study on the options for wastewater disposal, including for Taipa Wastewater Treatment plant

e) requests staff to consider as part of the development of the District Transport Strategy roading capacity and levels of congestion in the District’s town centres

Carried

15.7. Setting Rates for 2018-2019

Agenda item 6.4, document number A2095859, supplementary agenda pages 27 - 36 refers.

Resolved His Worship The Mayor/Court

That Council:

a) pursuant to Section 23 of the Local Government (Rating) Act 2002 (the Act), Council sets the rates as described below for the year commencing 1st July 2018 and concluding 30th June 2019;

GENERAL RATE

General Rate

Differentiated on the basis of land use set on all rateable land

Differential	Basis	Rate
General Differential	Per $ of Land Value	$0.0052569
Commercial Differential	Per $ of Land Value	$0.0144565

Uniform Annual General Charge (UAGC):

A UAGC of $450.00 per Separately Used or Inhabited Part (SUIP) of a rateable Rating Unit

TARGETED RATES

Ward Services Rate

Differentiated on the basis of location set on all rateable land in the identified wards

Differential	Basis	Rate
BOI - Whangaroa Ward	Per SUIP	$365.60
Te Hiku Ward	Per SUIP	$308.80
Kaikohe - Hokianga Ward	Per SUIP	$378.00

ROADING RATES

Uniform Roading Rate

A Uniform Targeted Rate of $100 per Separately Used or Inhabited Part (SUIP) of a rateable Rating Unit

Differential Roading Rate

Differentiated on the basis of land use set on all rateable land

Differential	Basis	Rate
Residential	Per $ of Land Value	$0.0001430
Lifestyle	Per $ of Land Value	$0.0001436
Farming General	Per $ of Land Value	$0.0001426
Horticulture	Per $ of Land Value	$0.0001346
Dairy	Per $ of Land Value	$0.0002167
Forestry	Per $ of Land Value	$0.0020196
Commercial	Per $ of Land Value	$0.0003585
Industrial	Per $ of Land Value	$0.0004596
Mining/Quarry	Per $ of Land Value	$0.0109514
Other	Per $ of Land Value	$0.0002439

STORMWATER RATE

Differentiated on the basis of land use set on all rateable land identified in the rating area maps for the urban communities;

Ahipara	Haruru Falls	Kaikohe	Kawakawa
Awanui	Hihi	Kaimaumau	Karikari
East Coast	Houhora/Pukenui	Kaitaia	Kerikeri/Waipapa
Kohukohu	Okaihau	Paihia/Te Haumi	Taupo Bay
Moerewa	Opononi/Omapere	Rawene	Tauranga Bay
Ngawha	Opua/Okiato	Russell	Whangaroa/Kaeo

Differential	Basis	Rate
General Differential	Per Rating Unit	$35.78
Commercial Differential	Per Rating Unit	$71.56

DEVELOPMENT RATES

Paihia CBD Development Rate

Differentiated on the basis of land use set on all rateable land identified in the rating area maps

Differential	Basis	Rate
General Differential	Per SUIP	$18.00
Commercial Differential	Per SUIP	$56.00

Kaitaia BID Rate

Commercial rating units defined in the rating area map	Basis	Rate
Commercial rating units defined in the rating area map	Per $ of Land Value	$0.0015264

BOI RECREATION CENTRE RATE

Rating Units defined in the rating area map	Basis	Rate
Rating Units defined in the rating area map	Per SUIP	$5.00

SEWERAGE RATES

Separate sewerage rates are set for each sewerage scheme differentiated on the basis the supply or availability of supply to each scheme.

The additional pan rate is set on the basis of the third and subsequent water closet or urinal within the rating unit. A rating unit used primarily as a residence for a single household will be treated as having a single pan.

Ahipara Sewerage Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$284.95
Available	Per Rating Unit	$284.95
Additional Pan Rate	Per additional pan	$170.97

East Coast Sewerage Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$241.84
Available	Per Rating Unit	$241.84
Additional Pan Rate	Per additional pan	$145.10

Hihi Sewerage Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$599.89
Available	Per Rating Unit	$599.89
Additional Pan Rate	Per additional pan	$359.93

Kaeo Sewerage Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$701.23
Available	Per Rating Unit	$701.23
Additional Pan Rate	Per additional pan	$420.74

Kaikohe Sewerage Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$192.87
Available	Per Rating Unit	$192.87
Additional Pan Rate	Per additional pan	$115.72

Kaitaia and Awanui Sewerage Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$255.66
Available	Per Rating Unit	$255.66
Additional Pan Rate	Per additional pan	$153.40

Kawakawa Sewerage Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$520.10
Available	Per Rating Unit	$520.10
Additional Pan Rate	Per additional pan	$312.06

Kerikeri Sewerage Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$443.46
Available	Per Rating Unit	$443.46
Additional Pan Rate	Per additional pan	$266.08

Kohukohu Sewerage Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$693.04
Available	Per Rating Unit	$693.04
Additional Pan Rate	Per additional pan	$415.82

Opononi Sewerage Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$305.32
Available	Per Rating Unit	$305.32
Additional Pan Rate	Per additional pan	$183.19

Paihia Sewerage Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$362.06
Available	Per Rating Unit	$362.06
Additional Pan Rate	Per additional pan	$217.24

Rangiputa Sewerage Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$344.82
Available	Per Rating Unit	$344.82
Additional Pan Rate	Per additional pan	$206.89

Rawene Sewerage Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$358.11
Available	Per Rating Unit	$358.11
Additional Pan Rate	Per additional pan	$214.87

Russell Sewerage Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$496.39
Available	Per Rating Unit	$496.39
Additional Pan Rate	Per additional pan	$297.83

Whangaroa Sewerage Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$695.02
Available	Per Rating Unit	$695.02
Additional Pan Rate	Per additional pan	$417.01

Whatuwhiwhi Sewerage Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$351.15
Available	Per Rating Unit	$351.15
Additional Pan Rate	Per additional pan	$210.69

District Wide Sewerage Operating Rate

Operating Rate	Basis	Rate
Connected (All schemes)	Per SUIP	$542.22
Additional Pan Rate	Per additional pan	$325.33

WATER RATES

Separate water rates are set for each water supply scheme differentiated on the basis the supply or availability of supply to each scheme.

Kaikohe Water Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$280.53
Available	Per Rating Unit	$280.53

Kaitaia Water Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$268.01
Available	Per Rating Unit	$268.01

Kawakawa Water Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$325.41
Available	Per Rating Unit	$325.41

Kerikeri Water Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$160.43
Available	Per Rating Unit	$160.43

Okaihau Water Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$356.80
Available	Per Rating Unit	$356.80

Omapere/Opononi Water Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$667.81
Available	Per Rating Unit	$667.81

Paihia Water Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$219.71
Available	Per Rating Unit	$219.71

Rawene Water Capital Rate

Differential	Basis	Rate
Connected	Per SUIP	$375.42
60% Non-Potable	Per SUIP	$225.25
Available	Per Rating Unit	$375.42

District Wide Water Operating Rate

The District wide operating rate is assessed on the basis of the quantity of water supplied as recorded by meter

Metered Supply rate (all schemes)

Operating Rate	Basis	Rate
Potable Water	Per M3 Supplied	$2.80
Non-potable Water	Per M3 Supplied	$1.82

Non Metered Water Supply Rate (Includes 250 M³Supply)

Operating Rate	Basis	Rate
Potable Water	Per SUIP	$960.66
Non-potable Water	Per SUIP	$715.66

DRAINAGE RATES

Kaitaia Drainage Area	Basis	Rate
Area of land within the defined rating area	Per hectare	$8.67

Kaikino Drainage Area (as defined in the FIS)
Differential	Basis	Rate
Differential A	Per hectare	$11.72
Differential B	Per hectare	$5.86
Differential C	Per hectare	$1.96

Motutangi Drainage Area (as defined in the FIS)
Differential	Basis	Rate
Differential A	Per hectare	$58.13
Differential B	Per hectare	$29.07
Differential C	Per hectare	$9.71

Waiharara Drainage Area (as defined in the FIS)
Differential	Basis	Rate
Differential A	Per hectare	$18.54
Differential B	Per hectare	$9.27
Differential C	Per hectare	$3.10

b) pursuant to Section 24 of the Act and with the exception of the targeted rates set for the supply of water pursuant to Section 19 of the Act, Council charges the rates for the 2018-2019 rating year by way of four equal instalments. Each instalment to be paid on or before the due dates set out overleaf;

Rate Instalment	Due Date	Penalty Date
First Instalment	20 August 2018	27 August 2018
Second Instalment	20 November 2018	27 November 2018
Third Instalment	20 February 2019	27 February 2019
Fourth Instalment	20 May 2019	27 May 2019

c) pursuant to Sections 57 and 58 of the Act and with the exception of the targeted rates set for the supply of water pursuant to Section 19 of the Act, Council imposes the following penalties:

A ten percent (10%) penalty on any portion of any instalment of rates assessed in the 2018-2019 financial year that is not paid on or by the due date for payment as detailed above. This penalty will be added on the penalty dates detailed above;

d) the water meters be read and invoiced on a six-month cycle, or more often if required, and the subsequent invoices become due for payment set out below.

e) pursuant to Sections 57 and 58 of the Act, Council imposes the following penalties in respect of targeted rates set for the supply of water pursuant to Section 19 of the Act:

A ten percent (10%) penalty on any portion of the rate for the supply of water charged pursuant to Section 19 of the Act, as separately invoiced, that is not paid on or by the due date for payment as set out below;

Scheme	1^st Invoice	Due Date	Penalty Date	2^nd Invoice	Due Date	Penalty Date
Kaikohe	Nov 2018	20/12/2018	03/01/2019	May 2019	20/06/2019	27/06/2019
Kaitaia	Aug 2018	20/09/2018	27/09/2018	Feb 2019	20/03/2019	27/03/2019
Kawakawa	July 2018	20/08/2018	27/08/2018	Jan 2019	20/02/2019	27/02/2019
Kerikeri	Sep 2018	23/10/2018	30/10/2018	Mar 2019	22/04/2019	29/04/2019
Okaihau	July 2018	20/08/2018	27/08/2018	Jan 2019	20/02/2019	27/02/2019
Omapere/ Opononi	July 2018	20/08/2018	27/08/2018	Jan 2019	20/02/2019	27/02/2019
Paihia	Oct 2018	20/11/2018	27/11/2018	Apr 2019	20/05/2019	27/05/2019
Rawene	July 2018	20/08/2018	27/08/2018	Jan 2019	20/02/2019	27/02/2019

f) pursuant to Section 88 of the Act, Council set Postponement Fees as provided for in the relevant Rates Postponement Policies;

Fees In Respect Of Postponed Rates

Pursuant to Section 88 of the Local Government (Rating) Act 2002, Council will charge a postponement fee on all rates that are postponed under any of its postponement policies.

The Postponement fees are as follows:

• Application Fee: $50

• Administration Fee: $50 pa

• Financing Fee on all Postponements: Currently set at 4.75% pa but may vary to match Council’s average cost of funds. At Council’s discretion all these fees may be added to the total postponement balance.

Carried

Councillor Hookway requested his vote against the motion be recorded.

12.0 Close of meETING

The meeting closed at 1.38 pm

Chairperson

____/____/____

Ordinary Council Meeting Agenda

30 August 2018

7 Bay of Islands-Whangaroa Community Board

7.1 Lease of part Kororipo-Kerikeri Basin Recreation Reserve - The Pear Tree Restaurant

File Number: A2153316

Author: Alice Astell, Property Legalisation Officer

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

Purpose of the Report

To seek approval for a new lease of part of Kororipo-Kerikeri Basin recreation reserve

comprising approximately 2054m2 of the land contained in CFR NA836/15, to the existing

tenant Pear Tree Kerikeri Limited.

Executive Summary

Bay of Islands-Whangaroa Community Board has been given delegated authority to

consider all submissions and objections received in response to the public notification of

a proposal for a new lease of part of Kororipo-Kerikeri Basin recreation reserve to Pear

Tree Kerikeri Limited, and to make a recommendation to Council on whether the proposed lease

should be granted. The land involved is shown outlined in green on the attached ‘Aerial Plan

of Pear Tree Lease Area’ at attachment 1.

The Bay of Islands-Whangaroa Community Board at its meeting held on 2 July 2018 considered the submissions received and made the following recommendation to Council:

Recommendation

a) That the Far North District Council, pursuant to its powers under sections 53(1)(h) and 54(1)(d) of the Reserves Act 1977, grants a new lease of part of the Kororipo-Kerikeri Basin recreation reserve comprising approximately 2054m2 of the land contained in CFR NA836/15, to the existing tenant Pear Tree Kerikeri Limited and that the terms of the lease shall be:

Term: 5 years

Rent: Commercial rate to be determined by valuation

Area: To be approximately 2054m2 of the land contained in CFR NA836/15 as shown on the attached aerial plan (A2157837)

Right of Renewal: no right of renewal

b) Subject to all concept plans being approved by Kororipo Stone Store Basin Management Group.

1) Background

Pear Tree Kerikeri Limited is the current lessee of the recreation reserve upon which the restaurant is located. The existing lease expires on 30 April 2022 and is for an area of 9073m². Last year the lessee applied for a new lease for a total of 15 years, comprising an initial term of 5 years followed by two rights of renewal of 5 years each. The lessee also asked that the area of the lease be reduced to the land immediately surrounding the restaurant, which is approximately 2054m² instead of the current area of 9073m².

The Council at its 14 September 2017 meeting resolved as follows:

THAT the Far North District Council recommends that the public consultation process is commenced, for a new lease of approximately 2054m2 of the land contained in CFR NA836/15 being the restaurant building and the immediate surrounding land. The proposed lease is to the existing tenant, Pear Tree Kerikeri Limited, and the terms proposed are;

Term: 5 years

Rent: Commercial rate to be determined by valuation

Right of Renewal: Two further terms of 5 years if no alternative need identified

AND THAT the Bay of Islands-Whangaroa Community Board is appointed to hear any submissions and or objections received in response to the public process, and then to make a recommendation to Council in respect of the proposal.

The Reserves Act 1977 (RA) requires Council to consult with and have regard to the views of the public before undertaking certain actions in respect of reserves, such as when considering granting leases. The recreation reserve is vested in Council but does not have a management plan.

Public consultation on the proposed new lease ran from 30 October – 4 December 2017. Of the 8 submissions received, 4 were in favour of the proposed lease and 4 were opposed. Te Runanga o Ngati Rehia were one of the four submitters initially opposed to the proposed lease, however subsequently withdrew their objection following a series of discussions with key FNHL/Council staff and confirmed their full support for the lease as publicly notified.

On 2 July 2018 the Board, as the Council’s delegate, considered all the submissions and objections, and made a recommendation to Council. A summary of those submissions and objections and a provisional statement as to the extent to which they have been allowed or disallowed is attached at attachment 2. The statement as to the extent to which the submissions and objections were allowed or disallowed by the Community Board is subject to change in accordance with the final decision of the Council.

The staff recommendation to grant a new lease on the terms as publicly notified was not adopted by the Board. Instead, the Board resolved to make a different recommendation which still involves granting a new lease but for a term of 5 years only and subject to concept plans being approved by Kororipo Stone Store Basin Management Group. All other essential terms remain as originally proposed and consulted upon.

Far North Holdings Limited (FNHL) has an interest in the management of the lease and the relationship with the lessee by virtue of a current Memorandum of Understanding (MOU) between Council and FNHL. This MOU provides that FNHL may enter into negotiations with the lessee on rent, lease terms, lease renewal and any other matter relevant to the lease with a view to make recommendations to, and seek approval from Council.

The Minister of Conservation has delegated to Council the power to grant leases of vested reserves for the purposes specified in section 54 of the RA. A decision on the submissions must be made by the Council as the administering body of the reserve. This decision also requires consent from the Minister of Conservation, however the Minister has delegated her role to the Council.

2) Discussion and Options

Relevant Legislation – the Reserves Act 1977 and the Local Government Act 2002

The RA provides a statutory framework for the management and preservation of areas of public land for the benefit of the public.

The decision-making requirements of section 76 of the Local Government Act (LGA) overlay decision-making requirements under other Acts such as the RA and cover the need to take into account community views. This is being achieved by compliance with the RA’s public consultation requirements as well as iwi consultation.

The Council is required to take into account the above legislation, including the functions and purpose of recreation reserves, when deciding on a recommendation.

Further, section 83 of the LGA covers the special consultative procedure. Subsection (3) states:

“This section does not prevent a local authority from requesting or considering, before making a decision, comment or advice from an officer of the local authority or any other person in respect of the proposal or any views on the proposal, or both.”

Council policy

Council’s Reserves Policy generally favours the preservation of reserves. In this case the Community Board has made a recommendation which would involve the continuity of an existing facility located on the reserve. Pear Tree Kerikeri Limited as the existing tenant is seeking to significantly reduce (not increase) the area of reserve land currently leased and, in accordance with the general purpose of the RA, seeks to continue providing a facility which enables the public to obtain the benefit and enjoyment of the reserve and provide for the convenience of persons using the reserve.

Iwi consultation

Section 4 of the Conservation Act 1987 requires that various Acts including the RA are to be administered so as to give effect to the principles of the Treaty of Waitangi. This requires decision-makers to seek comments from tangata whenua on proposals such as this proposed lease. The Council (and in this case the Board as the Council’s delegate) is required to have consulted with and considered the views of tangata whenua or to have been able to make an informed decision in some other way.

This obligation has been met via the public consultation process with Te Runanga o Ngati Rehia as the recognised Tangata Whenua, Ahi-Kā and Kaitiaki of this area.

The role of Council

The full Council is required to consider the Board’s recommendation and make the final decision regarding the proposal. This will involve two decisions: one from the standpoint of the Council as the Administering Body (AB) for the reserve, and the other from the standpoint of the Council as the Minister of Conservation’s delegate.

Option 1

Council could accept the Board’s recommendation and resolve as follows:

That the Far North District Council:

a) in its role as administering body of the Kororipo-Kerikeri Basin recreation reserve and in its role as the delegate of the Minister of Conservation, subject to the provisions of the Reserves Act 1977, grants and consents to a new lease of part of the Kororipo-Kerikeri Basin recreation reserve comprising approximately 2054m2 of the land contained in CFR NA836/15, to the existing tenant Pear Tree Kerikeri Limited and that the terms of the lease shall be:

Term: 5 years

Rent: Commercial rate to be determined by valuation

Area: To be approximately 2054m2 of the land contained in CFR NA836/15 as shown on the attached aerial plan.

Right of Renewal: no right of renewal

b) Subject to all concept plans being approved by Kororipo Stone Store Basin Management Group.

Option 2

As provided for by s83(3) of the LGA (and stated above), Parliament decided that it was competent for a local authority to be able, following a special consultative procedure and before making a decision, to seek comment or advice from staff or any other person in respect of the proposal or any views on the proposal, or both.

As noted earlier, FNHL has an interest in the management of all aspects of the lease pursuant to an MOU between FNHL and Council. Therefore Council may, if it wishes, take into consideration the below information and comments provided by the Chief Executive of FNHL, Andy Nock, which were not available to the Board at the time of their deliberations in respect of the lease proposal:

“[Our] recommendation is that if Council are not prepared to grant the lease extension and right of renewal, as proposed, then the matter is re-directed back to the Community Board for their re-consideration…

The decision the Community Board made was not based on the facts.

The Pear Tree will not give back to FNDC the land required for the wider basin development being proposed by Ngati Rehia, that would allow them to make a comprehensive application to the PGF [Provincial Growth Fund]..

A one year extension offers no tangible benefit to the Pear Tree, so everybody loses.

If the Pear Tree are not granted an extension and right of renewal, the land required for creating walkway connections to the Pa sites, developing a pear tree nursery using seed from the original pear tree, matching the old wooden fence that runs alongside the stone store, creating seating areas etc will all be lost. The Pear Tree will not relinquish the area required to carry out this work, by variation to the existing lease, unless the extension and right of renewal are granted.

This is about the wider opportunity for the development of the basin.

The Pear Tree, Ngati Rehia and the wider community will miss out on the opportunity that exists if the recommendation is not approved by Council, either with or without the support of the Community Board.”

Should Council so decide, it may terminate the existing lease and enter into a new lease with the current tenant for a total of 15 years (assuming all rights to renew are exercised), and grant a new lease on the terms originally proposed and publicly notified. The Council may choose to include that part of the Board’s recommendation to make the new lease subject to all concept plans being approved by Kororipo Stone Store Basin Management Group. The final recommendation would appear as set down in Option 1 except for the Right of Renewal which would instead state ‘Two further terms of 5 years if no alternative need identified’.

Option 3 Continue under the existing lease arrangement

Council may choose to continue under the current lease arrangement which expires on 30 April 2022. At that point, a new lease made in accordance with the RA would be required. The advantage of continuing with the current lease is that the carpark associated with The Pear Tree restaurant will continue to be maintained by the lessee at no cost to Council.

Option 4

Council may choose to defer making a decision in respect of this matter until the next Council meeting scheduled to take place on 25 October 2018.

The role of Council as Minister’s Delegate

The majority of the content of this report involves the Council in its role as AB of the reserve but the Council also has a role as the Minister of Conservation’s delegate. The decision making function whereby the merits of a proposal are considered is the responsibility of the AB. The Minister is not the decision maker but has instead a supervisory role which has been delegated to Council. In ensuring the decision is arrived at in compliance with the requirements of the RA, staff can confirm that the status of the land involved has been correctly identified; the particular classification and purposes of the reserve have been taken into account; the necessary statutory processes have been followed; public submissions on the proposal have been considered, and the AB has the power and authority to make the decision.

Reason for the recommendation

The original (commercial) Auckland District Law Society Lease was entered into in 1990 when the land was still in private ownership. A variation to the lease occurred in 2008 and the land was then jointly acquired by Council and DOC and was vested in Council as recreation reserve. A new lease prepared in accordance with the RA would enable the lease to accurately reflect this change in land status. The existing lease also prevents access to the Kororipo Pa from being developed and the remainder of the reserve being opened up to the public.

As referred to above, the staff recommendation to grant a new lease on the terms as publicly notified was not adopted by the Board. Instead, the Board resolved to make the recommendation at Option 1. The Board’s recommendation still involves the granting of a new lease which can reflect the requirements of the RA and allows for future development of this significant site by the Kororipo Stone Store Basin Management Group (comprised of representatives from the Council, DOC, Heritage New Zealand Pouhere Taonga to tangata whenua). However, this recommendation does not provide the lessee with the security of tenure it sought to enable them to invest in the business and plan long-term and on the information provided by FNHL the lessee “will not relinquish the area required to carry out this work, by variation to the existing lease, unless the extension and right of renewal are granted” as per Option 2.

The Board followed due process in making the recommendation it made based on the information available to the Board at that time. However, as the information and comments from FNHL were not available to the Board at the time of their deliberations, Option 2 is included in this report as an alternative option, as Council may also wish to take this new information into consideration when making its decision.

The final decision on the submissions must be made by the Council as the AB of the reserve.

3) Financial Implications and Budgetary Provision

Option 1

Council would continue to receive a commercial rental with future rent review dates to be negotiated, however the repair and maintenance of the gravel carpark would become the responsibility of the Council at an estimated cost of $2,600.00 plus GST per annum. It is proposed that this relatively small amount be met from the existing reserves maintenance budget. The new lease would expire in 2023.

Option 2

Again, Council would continue to receive a commercial rental with future rent review dates to be negotiated and the repair and maintenance costs of the gravel carpark would revert to Council at an estimated cost of $2,600.00 plus GST per annum. It is proposed that this relatively small amount be met from the existing reserves maintenance budget. The new lease would expire in 2033.

Option 3

Council currently receives a commercial rental with the next rent review due in 2020. The advantage of continuing with the current lease is that the carpark associated with The Pear Tree restaurant will continue to be maintained by the lessee at no cost to Council.

Attachments

1. Pear Tree Lease Aerial Plan - Document number - A2157837 ⇩

2. Pear Tree Lease copy of Submissions - A2157836 ⇩

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	This has a high level of significance due to the heritage of the reserve and the public interest in the location and activities undertaken in the area
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Reserves Act 1977 Council’s Reserves Policy
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.	The Bay of Islands-Whangaroa Community Board were given delegated authority to consider all submissions received regarding the proposal, hold hearings (if required) and make a recommendation to Council
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.	Extensive consultation has been undertaken with Te Runanga o Ngati Rehia as the recognised Tangata Whenua, Ahi-Kā and Kaitiaki of this area. Ngatia Rehia withdrew their initial objection submitted during the consultation process and support the original proposed lease (Option 2 in this report).
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.	The statutory public consultation process under the RA has been undertaken. All submissions received were considered and formed part of the deliberations prior to a recommendation being made. As FNHL have an interest in this matter under the MOU, their comments have been included in this report for Council’s information and consideration.
State the financial implications and where budgetary provisions have been made to support this decision.	Carpark maintenance approx. $2,600.00 plus GST per annum reverts to Council. It is proposed that this relatively small amount be met from the existing reserves maintenance budget.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report

8.2 Opononi Bowling Club - Lease Proposal

File Number: A2157415

Author: Kaye Lethbridge, Property Legalisation Officer

Authoriser: Samantha Edmonds, General Manager - Corporate Services

Purpose of the Report

This report asks Council to endorse the Kaikohe-Hokianga Community Board’s recommendation that it terminate the existing lease between Far North District Council and the Opononi Bowling Club for all of the land contained in CFR NA115D/597 being 3.4729 hectares more or less; and that once the current lease is terminated Council enters into two (2) new leases i.e. a new lease to the Opononi Bowling Club for the land containing the clubhouse and bowling greens only, and a lease to the Hokianga Coastguard for the area of land, containing the Coastguard building, currently subleased from the bowling club. This land is not subject to the Reserves Act 1977.

The Axemen’s Association holds an annual community event on the leased land. If the Council consents to the termination of the current lease to the Opononi Bowling Club, the Axemen’s Association will need to apply each year to Council for a “Permit to use Council Reserve or other Public Place”.

All the clubs involved have agreed to the Opononi Bowling Club proposal.

Executive Summary

· The Opononi Bowling Club entered into a long term lease in 1989 for all of the fee simple land at 123 State Highway 12, Opononi.

· The bowling club would like to terminate their current lease and enter into a new lease for a smaller area covering the clubrooms and bowling green/s only. The Opononi Bowling Club has made this request so as to reduce their financial obligations with respect to the amount paid in land rates and lessen the current maintenance obligations.

· It is proposed that the term of the new lease to the bowling club would be for 10 years with a renewal term of a further 10 years. The annual rental to be $100 plus GST.

· The bowling club currently subleases a portion of the leased land to the Coastguard for the rescue boat storage shed.

· Under this new proposal, the Coastguard would enter into a new lease proposal directly with Council. The lease to the Coastguard could also be for 10 years with a 10 year renewal term and an annual rental of $100.00 plus GST.

· As a consequence of these new lease proposals the Council would become the ratepayer and the whole of the rating unit would need to be reviewed. Leases can only be registered on titles if they are for 10 years or more and relate to the whole of the title. Once reviewed, Council will be able to on-charge the rates for the used portions to each relevant group by invoice rather than by a rates notice. Additionally, Council would be responsible for maintaining the land that is no longer leased.

· There is a concrete block toilet facility in the area where the axemen hold their annual event. The Community Board would need to consider whether the current practice continues of only having these toilets open during the period of the axemen’s annual event.

· The Kaikohe-Hokianga Community Board considered this report at their meeting on 6 June 2018 and made the following recommendation to Council

Recommendation

The Kaikohe-Hokianga Community Board recommends that Council

a) Pursuant to its powers under section 12(2) of the Local Government Act 2002, consents to;

i) the termination of the 1989 lease between the Council and the Opononi Bowling Club;

ii) a lease, of a portion of the land described as Lot 1 DP52947 and marked “A” on the plan attached, to the Opononi Bowling Club for clubrooms and for the purpose of playing bowls; and

iii) a lease, of a portion of the land described as Lot 1 DP52947 and marked “B” on the plan attached, to the Hokianga Coastguard for a shed to be used to store the Coastguard rescue boat.

b) and that the terms of the lease to the Opononi Bowling Club and the lease to the Hokianga Coastguard shall be;

Term 10 years

Renewal term 10 years

Annual rental $100.00 plus GST for each lease

Rent review On renewal

c) and that in making this decision the Council notes that it has taken into account the requirements of section 138 of the Local Government Act 2002 (regarding restrictions on disposal of parks), and section 82 of the Local Government Act 2002 (regarding principles of consultation), and has concluded that no consultation is necessary beyond that which was involved in seeking a recommendation from the Kaikohe-Hokianga Community Board which itself represents and has knowledge of local community views.

d) and that necessary action is taken in reviewing the revised rating requirements for the land.

1) Background

In 1989 the Opononi Bowling Club entered into a 99 year lease. The lease is for 3.7306 hectares of Council owned fee simple land situated at 123 State Highway 12 and legally described as Lot 1 DP 52974 CFR NA115D/597. The lease and a Mortgage of the Lease to the ASB Bank Limited are registered interests on the title.

The current lease requires that the land should be put to use for sporting purposes and, in particular, for the purposes of a bowling club, an axemen’s club and also to permit the land to be used only for such purposes as specified in the Opononi Sports Ground Management Plan “as approved”. Council’s lease file contains drawings of a draft concept plan for the sports ground but there is nothing in the file to confirm that it was adopted by Council.

The registered lease states; the bowling club must pay all rates, taxes and assessments, all charges for gas and electricity used, maintain and repair all drains and fences on the land and the $1.00 annual rental is to be paid as and when demanded by Council. The bowling club pays annual rates of $3,674.53.

There is a sublease agreement dated 7 December 1998, between the Opononi Bowling Club and the Hokianga Volunteer Coastguard, for the land containing the Coastguard’s boatshed which stores the rescue boat. This sublease requires the Coastguard to pay a portion of the property rates until the complex management committee is elected and functioning. The bowling club has remained in control of the leased area because the Hokianga/Opononi Sports Ground management committee was never officially established.

2) Discussion and Options

The Opononi Bowling Club committee has asked that Council considers entering into a new lease with the club for a much smaller area of land than that currently leased. The current lease is for all the land contained in CFR NA115D/597 being 3.4729 hectares. The club would like to lease only the land that contains their clubrooms and bowling greens, substantially reducing their rates burden. The approximate area of the new lease would be 7500 square metres.

The Hokianga Coastguard currently subleases from the bowling club the land containing their building footprint and they have agreed to the bowling club’s separate lease proposal. The Coastguard would be separately invoiced for their land rates. The approximate area of the new lease would be 850 square metres.

If the registered lease is removed from the title Council then becomes the ratepayer and the whole of the rating unit would need to be reviewed.

The Axemen’s Association holds its annual New Year’s Day community carnival on land leased by the bowling club. The bowling club would like to see this event continued in the same area but do not want to be the lease holder. The Axemen’s Association would be required to make an application to Council to hold the carnival. Council does not charge for community events on Council land/reserves.

There is a basic concrete toilet block on site and each year Council supports the Axemen’s Association by providing toilet paper and rubbish bins for the carnival day. District Facilities staff are yet to assess the condition of these toilets.

This proposal by the Opononi Bowling Club would reduce the annual rates received by Council and Council would be responsible for maintaining the land no longer leased to the bowling club at an estimated cost of approximately $2,700 per annum.

Legal considerations

The land is fee simple owned by Council, it is not a reserve under the Reserves Act 1977 and is not subject to Reserves Act requirements such as those involving public notification.

The statutory authority enabling the Council to lease this land is section 12(2) of the Local Government Act 2002 (LGA02). Section 138 LGA02 states that a local authority proposing to sell or otherwise dispose of a park or part of a park must consult on the proposal before disposing of the park.

“Park” is defined as including land used principally for community, recreation, environmental, cultural, or spiritual purposes (other than reserves under the Reserves Act).

“Dispose of” in relation to a park is defined as including the granting of a lease for more than six (6) months that has the effect of substantially interfering with the public’s access to the park.

Section 82 LGA02 (principles of consultation) states that the local authority has a discretion as to how it observes the principles of consultation, i.e. having regard to matters including the extent to which the current views and preferences of persons who will or may be affected by the proposed decision are known to the local authority; the nature and significance of the decision; and the costs and benefits of any consultation process or procedure.

The land has already been “disposed of” to the Opononi Bowling Club in accordance with the 1989 lease. The proposed new leases would each be for a 10 year term with a renewal term of another 10 years. This proposal is in accordance with Council’s current reserve leasing practice and it falls outside of s218 Resource Management Act 1999 (RMA) requirements which states that if there is a lease for a part of an allotment which, including renewals, is or could be for a term of more than 35 years, then a subdivision is required.

Under Council’s Significance and Engagement Policy the land involved in the lease proposals are not considered “strategic assets” and the proposed decision to grant the leases is not considered to be “significant” consequently the policy’s compulsory consultation requirements are not triggered.

The Kaikohe-Hokianga Community Board was provided the following options to consider:

Option 1

This option takes into account the fact that the current lease to the Opononi Bowling Club does not expire for another 69 years (2087). It is understood there is support for the ongoing use of the land for the playing of bowls and for the storage of the Coastguard’s rescue boat. This option envisages that the Community Board is likely to agree that its knowledge of the current community views and preferences is sufficient to preclude the need for further consultation, and that the costs of any further consultation would outweigh the benefits. On that basis the Board could recommend that the Council grants a new lease to the Opononi Bowling Club and a lease to the Hokianga Coastguard, and that the Council exercises its discretion to determine that no community consultation is needed beyond that which was involved in seeking a recommendation from the Community Board on this matter.

Option 2

In the event that the Community Board considers that a formal community consultation process of some sort should occur, the Board could recommend that the Council undertake a consultation process seeking community views in respect of the use of the land. A decision on the Club’s application would then need to be deferred pending the outcome of the consultation process. Given that the existing lease is for another 69 years the clubs involved could continue using the land until the results of community consultation have been assessed.

The Community Board chose option 1.

Reason for the recommendation

To seek Council endorsement of the Community Board’s recommendation regarding lease arangements with the Opononi Bowling Club and the Hokianga Coastguard.

3) Financial Implications and Budgetary Provision

The land rates currently received by Council would be reduced and Council would be responsible for the maintenance of all of the land no longer leased and possibly the maintenance of the toilet block.

Attachments

1. Opononi Bowling Club request and title - Document Number - A2157315 ⇩

2. Opononi area of proposed leases - Document Number - A2157318 ⇩

3. Opononi Consents Axmen and Coastguard - Document Number - A2157320 ⇩

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	The proposed leases are considered to be of low significance.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The proposed leases are in accordance with LGA02, RMA91 and Council’s current leasing practice
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.	This proposal is not of District-wide relevance. This report seeks a recommendation from the Community Board.
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.	No specific issues have been identified
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.	The lease to the Opononi Bowling Club expires in 2087. The Community Board are deemed to have knowledge of the community views and preferences
State the financial implications and where budgetary provisions have been made to support this decision.	There would be less rates revenue collected and Council would incur the maintenance costs for the unleased land of approximately $2,700 per annum.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

30 August 2018

11.2 Proposed Alcohol Control Bylaw 2018 for Consultation

File Number: A2149132

Author: Emma Pilkington, Senior Policy Advisor

Authoriser: Sheryl Gavin, General Manager - Strategic Planning and Policy (Acting)

Purpose of the Report

To recommend that Council adopt the Statement of Proposal – Alcohol Control Bylaw 2018 for consultation (Attachment 1).

Executive Summary

· Council’s Public Places Liquor Control Bylaw 2003 (Attachment 2) was made under Section 147 of the Local Government Act 2002 (LGA), prior to the 2012 LGA amendments. This bylaw will expire on 18 December 2018 unless a new bylaw is made under the new section 147.

· Before making a new bylaw, section 155 of the LGA requires the Council to determine whether a bylaw is the most appropriate way of addressing the perceived problem. This analysis is set out in Attachment 1.

· The proposed bylaw rolls over the existing bylaw, to retain Council’s ability to restrict alcohol consumption in public places and assist in reducing alcohol-related harm. The bylaw has been refreshed to reflect legislative changes, liquor bans are now referred to as alcohol control areas, which are enforced by NZ Police.

· The LGA amendments have also broadened the definition of ‘public place’ for alcohol control bylaws that can include places like supermarket carparks and Department of Conservation Reserves.

· The Local Government (Alcohol Reform) Amendment Act 2012 introduced new criteria for making or continuing alcohol control bylaws.

· The making of new control areas or substantial amendments to existing control areas relies heavily on NZ Police data, which will not be available for the 2018 review. High level comments have been provided by NZ Police in support of retaining the existing alcohol control areas (Attachment 3).

· Therefore staff recommend Option 1, that Council:

o adopt the Statement of Proposal – Alcohol Control Bylaw 2018 for consultation, and

o work with NZ Police and stakeholders affected by the broader public place definition through targeted consultation and information gathering that will form an ongoing work programme from 2019.

· After the decision to adopt the bylaw in December, alcohol control areas can be amended by Council resolution with targeted community consultation.

· If Council does not decide to make a new bylaw in December, there will be no alcohol control areas in place over the 2018/2019 summer.

· The sale and supply of alcohol is not in scope of this bylaw because it is addressed under the Sale and Supply of Alcohol Act 2012.

Recommendation

That Council:

a) Determines that in accordance with section 155(1) of the Local Government Act 2002, a bylaw is the most appropriate way of addressing the perceived problems.

b) Adopts the Statement of Proposal – Alcohol Control Bylaw 2018 for consultation (Attachment 1).

1) Background

Section 147 of the LGA provides councils with the power to make bylaws for alcohol control purposes. In 2012 this section of the LGA was amended and introduced a new criteria for making or continuing these bylaws.

Council’s Public Places Liquor Control Bylaw 2003 (Attachment 2) was made under Section 147 of the LGA prior to the 2012 amendments. This bylaw will expire on 18 December 2018 unless a new bylaw is made under the new section 147. If Council decides not to make a new bylaw, there will be no alcohol control areas in place over the 2018/2019 summer. Council must consult the community using the Special Consultative Procedure to make a new bylaw.

Any new bylaw must be made in light of these changes to the LGA, which tightened how Councils review and make alcohol controls. This criteria is outlined below.

Continuing existing alcohol control areas

For a bylaw that will replace an expiring bylaw, section 147A(2) of the LGA requires Council to be satisfied that:

· a high level of crime or disorder (relating to alcohol consumption) is likely to arise again if the bylaw is not made

· the bylaw can be justified as a reasonable limitation on people’s rights and freedoms

· the bylaw is appropriate and proportionate in the light of that likely crime or disorder.

Making new alcohol control areas

To make new alcohol control areas, section 147A(1) of the LGA requires Council to be satisfied that:

· there is evidence that the area to which the control applies has experienced a high level of crime or disorder that can be shown to have been caused or made worse by alcohol consumption in the area; and

· the bylaw can be justified as a reasonable limitation on people’s rights and freedoms

· the bylaw is appropriate and proportionate in the light of the evidence.

The amendments also include a change to the definition of ‘public place’. The definition has been broadened to include a place that is ‘open to the public’, not just under the control of Council, such as a supermarket carpark and a Department of Conservation Reserve.

The sale and supply of alcohol is not in scope of this bylaw because it is addressed under the Sale and Supply of Alcohol Act 2012. Alcohol control areas are about reducing alcohol-related harm in public places by restricting the consumption of alcohol in those public spaces.

2) Discussion and Options

The LGA differentiates two kinds of processes for continuing an existing alcohol control bylaw versus making new alcohol control areas:

Continuing existing controls requires an assessment of probability that a high level of crime or disorder (relating to alcohol consumption) is likely to arise again if the control is not made. Making new alcohol control areas requires NZ Police to undertake an assessment of whether a high level of crime or disorder can be shown to have been caused or made worse by alcohol consumption in the area. NZ Police are yet to provide data to support this assessment for any new controls.Section 151(2) of the LGA provides that a bylaw may leave any matter or thing to be regulated, controlled or prohibited by Council resolution. This allows Council to make the new alcohol control bylaw to replace the expiring bylaw, and to make new controls by resolution when necessary with the appropriate information and evidence as required by legislation.

This process has been a collaborative process between Far North, Whangarei and Kaipara District councils to assist in a consistent approach to alcohol control bylaws in Northland. Options for consideration

The following options have been provided for Council’s consideration.

Option	Advantages	Disadvantages
Option 1 (Staff recommendation) Consult on making a new bylaw Consult on continuing the existing controls Delay making new controls by Council resolution until 2019 (or when NZ Police evidence-based direction is available)	· Replaces the existing bylaw with a new bylaw before it expires on 18 December 2018. · Allows time to collect anecdotal evidence through the 2018 submissions process and Police to investigate any new controls from 2019.	· Further targeted consultation would be required with communities in 2019 to update existing controls and make any new controls.
Option 2 Consult on making a new bylaw Consult on existing controls Expedite the process to make new controls where appropriate with evidence-based support from NZ Police at the same time as adopting the new bylaw in 2018	· Replaces the existing bylaw with a new bylaw before it expires on 18 December 2018. · If new controls were made where appropriate, it could help reduce alcohol-related harm in those areas sooner than under Option 1, but Council may be doing this without sufficient NZ Police evidence-based support.	· Council would not have Police evidence to assess new control areas. Without this information, Council would not comply with the decision-making requirements of section 147A(1) of the LGA.
Option 3 Do not consult on making a new bylaw and allow the existing bylaw to expire	· This option has no advantages.	· Alcohol consumption would not be prohibited in any public place in the Far North District. · Police do not support this option because alcohol controls are a recognised tool for helping to reduce alcohol-related harm.

Reason for the recommendation

Staff recommend Option 1 because it will:

· replace the existing bylaw with a new bylaw before it expires on 18 December 2018 so that alcohol control areas are retained for the 2018/2019 summer.

· allow NZ Police time to provide evidentiary support to update existing controls and to investigate the making of any new controls from 2019.

3) Financial Implications and Budgetary Provision

Consultation for the review of this bylaw has been budgeted for. New signage as part of implementing a new bylaw has not been budgeted for.

Attachments

1. Statement of Proposal - Alcohol Control Bylaw 2018 - Document number - A2157829 ⇩

2. Current Public Places Liquor Control Bylaw 2003 - Document number - A2157832 ⇩

3. NZ Police Feedback - Document number - A2157834 ⇩

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

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	The recommendation of this report is of low significance because there would be very minor change to existing alcohol controls in specific communities of the district. However the issue is of high significance because there may be a high level of community interest.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Local Government Act 2002 - Provides the functions, duties, powers and penalties to make and enforce this Bylaw. Local Government (Alcohol Ban Breaches) Regulations 2013 - Determine the infringement fee for breaching an alcohol ban. Sale and Supply of Alcohol Act 2012 - Associated legislation. Community Outcomes - Communities that are healthy, safe, connected and sustainable.
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.	This proposal has a District wide relevance. Community Board chairs were provided the opportunity to have input at an Elected Member workshop. Community Board views will be sought in particular for the ongoing work programme of alcohol control areas.
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.	The recommendation of this report would be positive for Māori interested in reducing alcohol-related harm. Māori wardens and Māori health providers were invited to health stakeholders meetings on this process in collaboration with Whangarei and Kaipara District councils. Māori will also have the opportunity to contribute to this process through the community consultation.
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.	Police have been consulted. Far North residents will be consulted through the Special Consultative Procedure.
State the financial implications and where budgetary provisions have been made to support this decision.	Consultation for the review of this bylaw has been budgeted for. New signage as part of implementing a new bylaw has not been budgeted for.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report

INTRODUCTION

This policy is an amalgamation of the following policies:

· Community Grant Fund – Local (# 3209)

· Community Facility Partnerships (# 3210)

· Community Assistance Framework (# 3213)

· Community Grant Fund – District (# 3214)

BACKGROUND

Council supports the community to develop and provide their own facilities and services through the awarding of grants. Council also creates partnerships with community organisations to enhance the availability of and access to community facilities and services in the District (including Sport Northland, Creative Northland, museums, pools, and theatres).

As part of Council’s Annual Plan and Long Term Plan processes, the Council will determine the level of contestable funding for the following financial year, to be made available for the awarding of grants to one-off projects under the conditions of this policy.

The three grant types available are the Local Grant Fund, Infrastructure Grant Fund, and Community Facility Partnership Grant Fund.

Local Grants are for projects that have a Ward or community focus. The Infrastructure Grant Fund is provided to contribute to capital infrastructure projects. Community Facility Partnerships are for major projects identified as part of Council’s Annual or Long Term Planning processes.

As part of the Long Term Plan (LTP) 2018-28, Council allocated additional funding to Community Boards for Place-Making projects and additionally allocated funding for the Infrastructure Grant Fund for funding community infrastructure projects (years 1 to 3 of the LTP) and has allocated the decision making to Combined Community Boards.

OBJECTIVES

The objective of this Policy is to align allocation of grant funding to the Far North District Council’s Community Outcomes as outlined in each Long Term Plan.

SECTION 1 – LOCAL GRANT FUND

Policies

1. The Ward’s Community Board will allocate the Local Grant Fund and/or the Place-making Fund in a manner consistent with the objectives of this policy, the Community Outcomes as stated in the Long Term Plan, and the conditions listed on the application form.

2. Community Boards can determine whether an application should be funded by the ~~the~~ Local Grant Fund and/or the Place-making Fund

3. Applications are required for either the Local Grant Fund and/or the Place-making Fund and are to be made on the official Local Grant Application Form and be accompanied by all information requested on the application form.

4. Incomplete, late, or non-complying applications will not be processed.

5. Priority will be given to community organisations and social enterprises.

6. Applications for projects/events that occur annually may request funding for:

· the current year only; or

· the remaining years of the triennium.

7. Applicants must demonstrate that they are able to deliver to the level as agreed and are willing to collaborate or partner where appropriate.

8. Applicants wishing to undertake projects on Council-owned/administered properties must comply with Council’s ~~Procurement~~ Policies.

9. Grant funding from any Council source shall not exceed 50% of the total project costs, which may include a calculation based on volunteer time.

10. Applications in excess of $3,000 will require the applicant to attend the Community Board meeting in which the application is heard to provide information to the Board.

11. Priority will be given to proposals which:

· are consistent with or contribute to Council’s Community Outcomes;

· provide infrastructure or contribute significantly to placemaking;

· fulfil demonstrated community needs or provide services not already; available;

· have a high degree of local participation and engagement;

· benefit a significant sector of the community;

· are likely to succeed;

· are family-friendly;

· have applied for funding from sources outside of Council

12. The following are not eligible for funding:

· conference attendance;

· political organisations;

· retroactive funding;

· wages or salary;

· activities deemed objectionable or that promote unhealthy behaviours;

· commercial activities, unless of direct benefit to the community;

· projects outside of the local area, unless of direct benefit to the local community;

· projects on private property, unless of direct benefit to the community;

· organisations who receive the bulk of their funding from central government (excluding the Community Organisation Grant Scheme);

· applicants who have failed to successfully submit a Project Report for a project funded within the last five years.

13. The Community Board may, by resolution, allocate funding (including the Place-making Fund) directly to key projects identified in their strategic plans or to annual community events in their Ward. Should this create new assets with on-going operational costs, the grant approval is subject to either the Council budget holder or the Board itself agreeing to fund these on-going costs. The maximum amount funded from the Local Community Grant Fund in any financial year shall not exceed $20,000. Additionally, the Community Board may allocate Place-making Funds up to the full allocation in any financial year.

14. All recipients of funding are required to enter into an agreement with Council or the Community Board that outlines the terms and conditions of the approved grant or contract for service. Funds will not be provided until both parties have signed the agreement.

15. At the completion of a project that received community funding, recipients are required to complete a Project Report. These reports must be received no later than two months after the completion of the project, or, if the activity is ongoing, within two months of the funding being spent. Recipients who do not complete this form are ineligible for Council funding for a period of five years.

16. The project report must identify:

a. The organisation to which funding was granted;

b. Description of the activity, including highlights and numbers participating, with any photographs attached;

c. Council funding received, with receipts or explanatory notes attached;

d. The applicant’s contribution to the activity;

e. Overall outcomes and main benefits of the activity.

17. Activities that occur over the period of more than one year must submit a progress report every six months to update Council or the Board on the use of the funds and current status of the project.

18. All successful applications may be subject to an audit. This audit may include finance, level of service, service quality, and inclusiveness of service.

19. Any issue that could jeopardise the completion of the project or the reporting must be reported to Council staff as soon as possible.

20. Council staff will prepare an annual report for the Community Board to review the funding programme.

SECTION 2 – INFRASTRUCTURE GRANT FUND

Policies

1. The Council through the combined Community Boards will allocate the Infrastructure Grant Fund in a manner consistent with the objectives of this policy, the Community Outcomes as stated in the Long Term Plan, and the conditions listed on the application form.

2. The Infrastructure Grant Fund is for one-off projects. One or more projects may be successful each year.

3. Applications are required to be made on the official Infrastructure Grant Application Form and be accompanied by all information requested on the application form.

4. Applications are to be called for in as soon as practicable after 1 September each year.

5. Incomplete, late, or non-complying applications will not be processed.

6. Priority will be given to social and community enterprises that contribute to community wellbeing.

7. Applicants must demonstrate that they are able to deliver to the level as agreed and are willing to collaborate or partner where appropriate.

8. Applicants wishing to undertake projects on Council-owned properties must comply with Council’s Policies including Health and Safety Policies and any other requirements as specified in the agreement.

9. Grant funding from any Council source shall not exceed 50% of the total project costs, which may include a calculation based on volunteer time.

10. Successful projects will:

· provide new infrastructure;

· provide the most direct benefit to the widest part of the identified community

· provide open access to the identified community

· fulfil demonstrated community needs or provide services not already available;

· have a high degree of local participation and engagement;

· have applied for funding from sources outside of Council

· be consistent with or contribute to Council’s Community Outcomes;

· be likely to be economically sustainable in the long term; and

· be family-friendly and, where possible, accessible to the mobility impaired.

11. The following are not eligible for funding:

· repair or replacement of existing infrastructure

· operational expenditure

· retroactive projects

· wages or salary

· commercial activities, unless of direct benefit to the community;

· projects/infrastructure outside of the district

· applicants who have failed to successfully submit a Project Report for a project funded within the last five years.

12. All recipients of funding are required to enter into an agreement with Council that outlines the terms and conditions of the approved grant or contract for service. Funds will not be provided until both parties have signed the agreement.

13. At the completion of a project that has received funding, recipients are required to complete a Project Report. These reports must be received no later than two months after the completion of the project, or, if the activity is ongoing, within two months of the funding being spent. Recipients who do not complete this form are ineligible for Council funding for a period of five years.

14. The project report must identify:

· The organisation to which funding was granted;

· Description of the project, with photographs attached;

· Council funding received, with receipts or explanatory notes attached;

· The applicant’s contribution to the project; and

· Overall outcomes and main benefits of the project.

15. Projects that occur over the period of more than one year must submit a progress report every six months to update Council on the use of the funds and current status of the project.

16. All successful applications may be subject to an audit. This audit may include finance, level of service, service quality, and inclusiveness of service.

17. Council staff will prepare ~~an annual report~~a project report ~~for the Council~~to Community Boards ~~to review the funding programme~~ for completed projects.

18. Projects that have been funded by the Infrastructure Grant Fund in the past, while not prohibited from applying to the fund again, will automatically rate lower than projects that are new to the fund. Projects funded in the previous funding year will not be eligible.

19. Any issue that could jeopardise the completion of the project or the reporting must be reported to Council staff as soon as possible.

SECTION 3 – COMMUNITY FACILITY PARTNERSHIPS

Policies

1. As part of Council’s Annual Plan/Long Term Plan process, Council will determine the level of the Community Facility and Services Funds for each financial year.

2. Applicants seeking funding are to be referred to the General Manager Corporate Services or Strategic Planning and Policy by 31 October each year for potential inclusion in Council’s Long Term Plan/Annual Plan.

3. Applications for funding may be for capital works, operational expenditure, or a combination of both.

4. The applicant must:

· provide a detailed business plan demonstrating ongoing viability

· provide budgets and/or annual accounts

· demonstrate that they have the appropriate capability to deliver to the level as agreed

· demonstrate that they are willing to consider collaboration and partnering where appropriate.

5. Council staff will review applications for completeness and compliance with the objectives of this policy. Incomplete, late, or non-complying applications will not be considered as part of Council’s planning process. The following are ineligible for funding:

· Conference attendance;

· Retroactive funding;

· Activities deemed objectionable or that promote unhealthy behaviours;

· Projects outside of the Far North District;

· Political organisations;

· Commercial applications, unless of direct benefit to the community;

· Projects on private property, unless of direct benefit to the community;

· Projects/services normally provided by an agency/organisation outside of Council;

· Applicants that have failed to successfully submit a Project Report within the last five years.

6. Council will be a partner rather than a primary funder. Funding will be limited to a 50% contribution towards the total costs stated of the project, which may include voluntary labour and/or funding received from other sources. Funding recipients will be encouraged to pursue alternative funding options to achieve the best result for the activity.

7. Applicants will be advised of the outcome of the process in June, after the final plan has been adopted. All payments will take effect from the financial year commencing in the July following submission of the application. The timing of payment of funds will be negotiated by Council and the recipient on a project-by-project basis.

8. At Council's discretion, funding awarded may be for a one off amount, or may cover multiple years.

9. GST is only paid to those organisations that are GST registered.

10. All funding recipients may be subject to an audit. The audit may include finance, level of service, service quality, and inclusiveness of service.

11. Ongoing projects may require interim progress reports on a basis to be agreed in advance with the applicant.

12. At the completion of a project that received community funding, recipients are required to complete a Project Report. These reports are required to be received no later than two months after the completion of the project, or, if the activity is ongoing, within two months of the funding being spent. Recipients who do not complete this form are ineligible for Council funding for a period of five years.

13. The project report must identify:

· The organisation to which funding was granted;

· Description of the activity, including highlights and numbers participating, with any photographs attached;

· Council funding received, with receipts or explanatory notes attached;

· The applicant’s contribution to the activity;

· Overall outcomes and main benefits of the activity.

Introduction

The Far North District Council events funding contributes to:

• the achievement of our Vision - “He Whenua Rangatira – A District of sustainable prosperity and well-being”.

· Council’s Mission - Creating great places, supporting our people

· the community outcomes adopted as part of the Long Term Plan 2018-28

Council has provided funding for events from 1 July 2018. The process focuses on the role of Council in events and in particular its role as an investor. Conferences are excluded from this Strategy.

Purpose

The events funding enables:

1. events that strongly support Far North District marketing, economic development and tourism campaigns and maximises the positive profile of the Far North for residents and domestic and international visitor markets.

2. A planned programme of events that allows residents, businesses, the wider community and visitors to participate and benefit throughout the year.

3. Events that are resourced wholly or in part resources by the Far North District Council to be fairly and objectively assessed and monitored using transparent funding criteria and using a triple bottom line approach.

Vision for Events

Far North District holds outstanding events and festivals. Our events are fun. They connect, contribute to and celebrate our communities, create pride and showcase our district.

Principles

• Events and festivals help us celebrate our culture and the place in which we live in.

• Events contribute to building stronger communities.

• Events showcase the best a community has to offer in terms of sports, arts, culture, natural environment and facilities.

• Events enhance the quality of facilities, promote the district and deliver economic benefit.

• Event timing is important for the local economy.

• Events play a role in attracting creative and talented people and businesses.

Events can be categorised in different ways - e.g. national, regional, district, local, community and corporate.

• Local and community events are primarily for the local community and event ownership and creative direction belongs with that local community. Council, through Community Boards, works with communities to empower them and support action on local aspirations and needs.

• Council investment in events is based on open and transparent evaluation and decision-making processes and accountability for decisions made.

• Council aims to work collaboratively and in partnership with Maori, the events sector and the community when implementing this strategy.

Sustainable events implement environmentally responsible practices, minimise negative impacts on neighbourhoods and natural areas, optimise use of resources and are financially sustainable.

Objectives

• To ensure a diverse, accessible and balanced portfolio of events across the district.

• To increase the well-being, both individually and collectively, of the Far North’s communities.

• To make it easier to run events in the district.

• To use existing infrastructure effectively and efficiently.

• To achieve value for money from our investment in events.

Decision-making

The initial assessment of the applications will be made by Strategic Planning and Policy staff.

The assessments will then be referred to a meeting of the Chairs of the 3 Community Boards (who may designate other Community Board members to be part of the decision-making) for the final funding decision.

All successful applicants must acknowledge the support of the Far North District Council on any correspondence, advertising or other publicity material and co-brand events.

Council as funder

Events are evaluated on their individual merits and how they combine with other events to contribute to Council’s objective of a balanced event portfolio. It is anticipated that potential District events will come from a number of external sources, e.g. public, private, community sectors etc. Therefore, Council will take a transparent investment approach to events that meet the goals of the strategy.

Investment may be either through financial or non-financial means or a mixture of both. Council will base its investment decision on the business case, outcomes and KPI presented by the event organiser(s).

As ratepayer money for investment is limited and is unlikely to increase significantly in the future, Council will invest in events that in its opinion, from the evidence presented, will give the best Return on District Investment (as opposed to spreading its limited funding over a large number of events, which would mean a lot of events get a relatively minor amount of Council investment).

Return on District Investment (RODI)

RODI will be the evaluation tool that Council uses to determine initial investment and continuing investment in District events. This is in alignment with good event investment practice.

The RODI is an economic tool to enable Council to ascertain indicative economic value to the Council investment received. For example for every $ invested in Y event, X $ of economic benefit was received.

Council will look at ways of incorporating social, cultural and environmental value metrics into the RODI to enhance the utility of the RODI for District events

Applications

· Council will call for applications once in each financial year.

· Applications must be made using the application form for Events Investment.

· Applications for up to three years of funding may be considered.

· In order to be transparent, Council will call for business cases to support applications. These business cases will be considered as part of the entire application.

· Applicants will be assessed against the criteria below, and weightings will be applied.

· Guidance for the completing the application form is available on the Events Investment Funding website.

General Criteria

Economic benefits, including:

· The anticipated Return on District Investment

· The number of visitors likely to attend from outside the district

· The number of visitors likely to overnight in the district

· The future potential of the event

· The capabilities of the organiser

Cultural benefits, including:

· An event that showcases the Far North District

· The uniqueness of the event to the Far North

· Whether the event highlights a particular cultural group (ethnic or special interest) positively and enhances and educates the wider community

Social benefits, including:

· An event outside of the main peak visitor season

· An event that enhances or complements existing events

· An event that involves a significant part of the Far North community as participants, volunteers or supporters

Environmental effects, including:

· Waste minimisation

· Recycling

· Zero waste and composting

For the 2019 calendar year, consideration will also be taken of how an event may be part of Te Au Mārie – 1769 Sestercentennial Celebrations, which will be assessed on the categories of:

· Moana

· Whenua

· Tāngata

· Our Stories

Event Identity - The festival or event celebrates the Far North in an exciting and vibrant way. Consideration will be given to its uniqueness to the Far North.

Event Variety - The festival or event will add variety to the annual events calendar.

Event Timing - The festival or event will assist with attaining a suitable spread of events activity throughout the year.

Cultural and Social Well-being - The festival or event assists in developing a culturally rich, connected district, enhancing sense of community.

Support - The festival or event will be able to demonstrate a high level of community, co-funder, partnership support and involvement.

Event Quality - The festival or event provides a professional, modern and relevant programme, which meets the standards of current-day audiences and participants.

For an existing event, Council will consider how effectively the event has been run in the past:

· delivering a quality experience to the participants, volunteers and funders

· meeting its stated objectives

· compliance with consents, permits and licenses

· financial performance.

For a new event, how well planned the event is relative to the scale and risks associated with the event.

Event Growth - the festival or event has shown growth and/or has clear potential for growth, with a strategic vision/plan for how to manage growth.

Economic Benefit - the festival or event will attract visitors and generate increased visitor nights and direct expenditure resulting in positive economic benefit for the district.

Media Coverage - the festival or event will generate positive external media exposure that promotes and enhances the Far North ‘brand’.

Environmental Sustainability - the festival or event has a plan for achieving waste minimisation and the use of recycling.

Appendix 1 – Contribution of Council in Events

Council currently contributes to events in the District in a number of ways.

• Events calendar - http://www.fndc.govt.nz/communication/events-calendar

• Advice and support to event organisers on Council landowner and regulatory requirements, potential funding sources, and potential partners.

Provider of Events Facilities and Services

• Provider of a range of community centres, halls, parks, reserves and playgrounds that are available for public use.

• Provider of litter services, signage, shade tents and other equipment.

• Traffic Management Plans for events using public roads.

• Landowner consents for use of council land.

Events Promotion

• Social and traditional media, Mayoral columns, press releases, panui and newsletters, at district service centres, i-sites and libraries.

Investor / Funder

• Direct investment in events

• Community grant funding for events

• Rural travel

• Creative Communities

• Indirect funding e.g. thought Council funding of Volunteering Northland

Regulatory

• Building consents

• Resource consents

• Liquor licensing

• Mobile Shop licence

• Hawker licence

• Food permit

• Road closure

• Permit to use Council Reserve or other Public Place

Appendix 2 – Principles Measured By

1. Economic contribution of district events and festivals to the Far North is optimised.

• Visitor expenditure

• Value of media coverage

• Far North marketing campaigns

• Number of participants/audience

2. Diverse, fun and exciting local events and festivals appeal to residents, connect people and places, and create pride and celebrate a culturally rich district.

• Number and range of events

• Resident satisfaction

• Participant/attendees satisfaction

3. Events and festivals that are of high quality are supported in a fair and transparent manner by the Council and encouraged to grow.

• Resident satisfaction

• Event organiser satisfaction

• Events funding measure

4. Number of land based events that occur outside the Bay of Islands increases.

• Number and range of events

5. Events and festivals achieve environmental sustainability.

• Completed waste minimisation plans

Appendix 3 – Definitions

• An event is defined as a celebration, activity, exhibition, or staged performance that is open to the general public for a limited time. An event may be free, or have an entry fee. An event may be run on a commercial basis. Participants/attendees/audience refers to all people taking part in an event, whether in active or passive roles.

• A festival is defined as a collection of events that celebrate a single or general theme and are promoted as one within this theme, and occur within a defined timeframe.

• Community events - are local events which focus on fun, community pride and connection (people and places) - and may be invested in by Community Boards. Often the positive social outcomes will outweigh the economic benefit to the community.

• District events - are emerging, anchor/cornerstone or one off events of sufficient size and scale to be of district significance - and may be invested in from the district wide, Council events budget.

· Events and festivals are divided into five categories:

o Anchor or Cornerstone Events - An event or festival that attracts a substantial audience and participation and contributes to the positive district, regional and sometimes national profile of the district. An Anchor event or festival will attract an audience and/or participation of at least 500 people including a reasonable number of visitors, mostly from Whangarei and Auckland. Anchor events mostly occur on an annual or biennial basis and are classified as district events.

o Festivals - A festival that is staged for both local and visitors as a celebration or for an occasion or for some reason that is significant to the wider community. Audience participation will vary and admission will usually be free, although where a festival is also a fund raiser, this may not be so. These festivals generate civic pride, add to the district’s vibrancy, make residents feel included and make visitors inclined to stay longer in a culturally rich atmosphere. They are generally classified community events.

o Sporting - An event that promotes fitness and wellness has some degree of competition and encourages local participation as well as bringing entrants and supporters from outside the district.

o Arts - An event that promotes artistic endeavour. Artistic events can be quite diverse and include such things music, theatre, dance and concerts.

o Cultural/Heritage - An event that celebrates or marks New Zealand’s cultural and heritage past and brings it to life for current and future generations.

Please note that the term ‘event’ is often employed in a general sense to include both festivals and individual events.

Ordinary Council Meeting Agenda

30 August 2018

MEETING: COUNCIL - August 2018

Name of item: REPORT TO COUNCIL –ROAD CONTROLLING AUTHORITIES FORUM

Author: Councillor Ann Court

Date of report: 10 August 2018

· Document number:

Event

Councillor Ann Court and Road Safety and Capital Works Engineer Tim Elliott attended the 27^th July meeting of the Road Controlling Authorities Forum held at the James Cook Hotel in Wellington as part of our function as a Road Controlling Authority.

___________________________________________________________________

Purpose

The Road Controlling Authorities Forum (RCA) is held three times a year in Wellington. It provides a knowledge community for all owners of road assets within New Zealand to support the development of nationally consistent best practice, standards and guidelines for road investment and management through research, education and the exchange of information for the benefit of all road owners and road users.

We are also representative on the Special Interest Group Low Volume Roads (SIGLVR) which is a subset of the Road Controlling Authorities (RCA) Forum Representation on this interest group is from RCA’s throughout New Zealand who have a special interest in low volume roads with the aim to complete research in conjunction with the industry to develop a set of guidelines for the management of low volume roads.

Additionally we are represented on the Dust Working Party.

Hon. Phil Twyford: Minister of Transport

The Minister spoke to the new GPS highlighting:

· We are deliberately elevating safety and access as the two key drivers for investment in the land transport system. It is quite a policy challenge in getting things right – none of this is easy.

· Changing patterns of urban settlement requires less investment in roads and higher investment in public transport.

· Spending all of the funding on four laning and Auckland improvements is too expensive and leaves nothing for everything else. Auckland’s motorways are great to drive on in the middle of the night but at all others times look a very expensive car park.

· Having said that the Whangarei/Warkworth project is currently being reworked as it has the strongest business case of all of the SHW projects and it has been historically under-invested.

· We need to address the widening infrastructure deficit in rural New Zealand. We have significantly increased funding for local roads, they have been under funded for too long and we need to redress the imbalance.

· Auckland will continue to be funded but we need to be very clear that whilst Auckland consumes the band width in the national conversation, Auckland will get only their fair share and no more – they will not consume resources at a cost to the regions.

· Transport planning needs to integrate to land use.

· We are currently reviewing the role rail and coastal shipping plays in the New Zealand freight task and will embed changes in GPS 2.

· We have a study underway to look at the role the upper North Island plays in the supply chain. We are looking to empower Marsden Point to compete more effectively.

· We are doing a lot of thinking around our drivers licensing systems and the future of our vehicle fleet.

· We have a review underway to look total mobility.

· We need to get smarter about pricing in the externalities rather than simple savings in journey time.

Peter Mersei: Chief Executive for the Ministry of Transport

· Total investment $4.8b. The GPS provides direction on how those funds will be invested.

· Environment Section now explicitly includes dust.

· Public Transport Section now explicitly covers areas outside of major urban centres.

· Footpath maintenance now included.

· New activity classes to support rail and rapid transit.

· Decrease in funding for state highway improvements.

· Increases to all other activity classes.

· Safety and Access are elevated and are now the key strategic priorities.

· Three key themes are:

o Incorporating technology and innovation into the design and delivery of the land transport investment.

o A mode neutral approach to transport planning and investment decisions.

o Integrating land use and transport planning and delivery.

Fergus Gammie: Chief Executive New Zealand Transport Agency

· Envision a lot of change in the GPS over coming years to embed the changes and redress the imbalance.

· You need to think about how to align your Regional Land Transport Plan (RLTP) to be consistent with the GPS.

· Money for State Highway Improvements is substantially less.

· Northland: Our focus is safety and access not moving people PDQ that may mean design solution are not four laning but a combination of other design solutions such as barriers, passing lanes, intersection improvements and speed management.

· Our job is not to litigate the rights or wrongs of the GPS but to enable it to happen. This is reflected in our investment framework.

· We are setting up a priority programme that will attract a higher FAR (Enhanced Funding Assistance) this is being overseen by a Local Government working groups. Local road safety projects are an example of this focus as this will incentivise you to bring forward projects. Focus is on high risk areas and the FAR rate will be somewhere between your normal FAR and 100%. We want these projects to come through quickly and are looking to have them established by mid-September. Conditions apply.

o You must continue to spend your budget allocation on roading

o This is not a tool to address funding challenges

o Applies to 2018-21 only

· Ministry of Transport (MOT) is looking at speed – what decisions need to be made at a national level? Is your base 100kmph unless you argue otherwise or is it 50kmph unless you argue otherwise?

· Have your heard about the National Speed Register? NZTA is currently developing a National Speed Limit Register which will provide a modern, GIS enabled, central source of all fixed speed limits for roads in New Zealand. The register will make it easier for TCA’s to update and share speed limit data and will enable the data to be accessed by the public and third party vendors. The Transport Agency will be engaging with RCA’s throughout the development of the register and will provide support and training on how to migrate data and use the register. www.nzta.govt.nz/national-speed-limited-register

· The issue of gravel roads needs more scrutiny. What are the types of solutions we can apply in different situations? There are regional variations!

· Who is going to be leading the charge in technology change? We need a national approach (Future Technology Road Map). We need to avoid reactive investment which may lead to sunk or lost costs.

· Piloting GPS technology: We currently have technology that identifies where every bus and taxi is in Auckland in real time and how many people are in any bus at any given time.

· Capacity in the sector is challenging and an emerging challenge is resourcing project delivery. We are willing to provide capacity to assist local government. We are thinking about how NZTA can resource up to help LG deliver.

· NZTA have spoken with LGNZ about procurement and service delivery. How can we think differently so we don’t have ten people doing the same thing in ten different parts of the country? Can we find areas to address procurement and service delivery in the construction sector as we transition to a market of more smaller projects rather than the historic large construction projects?

· Skill capacity is challenging

· Roading material supply is starting to become challenging.

Andrew McKillop: Road Efficiency Group (REG)

· We are working to improve public confidence and demonstrate greater value for money from Transport Investment by developing best practice leading into the next RLTP round.

· REG captures best practice and shares it within the industry to drive business excellence across the transport sector. The REG objectives are:

o Connecting people to build capability, enable innovation and develop customer focused systems.

o Helping the sector to understand the performance of their part in the wider transport system – including performance measurement and turning good data into evidence.

o Making it easier to work together through systems standardisation and collaboration.

o Helping the sector to understand the importance of its role in planning and delivering community outcomes.

· We are helping Road Controlling Authorities (RCA’s) to build an Asset Management Plan (AMP) that tells a story based on systems and evidence. Communicating those messages to assist in good decision making and outcomes.

· AMP’s need to be fit for purpose ‘Facts do not cease to exist because they are ignored’. Data is not the story – data helps to tell the story.

· There is no better disinfectant than sunlight.

· Whether we like it or not we are dealing with an aging task force. Capacity in the sector is real. We need to consider graduates and internes.

· REG is not the delivery agent but an enabler.

Note: The REG scorecard on RCA’s AMP’s was circulated via email following the discussion at the INC Committee Meeting July 31^st.

Dennis Mander: National Roading Advisor for the Department of Conservation

· 87 million hectares of public conservation land (30% of New Zealand). 1800km of roading.

· DOC roads are currently deteriorating our AMP is not ambitious we are currently aiming to simply hold the line. Currently we have no formal standards, no clear view on performance, inconsistent approaches to road maintenance and new investment is hard to justify unless the asset has failed.

· We are engaging with RCA’s to see if they have an appetite to undertake DOC roading maintenance in a collaboration partnership. There are good parallels with the One Network Road Classification (ONRC) the standards are mature and supported by an inspection regime.

· Seeking a relationship to allow the parties involved to arrive at an outcome that is mutually beneficial without any preconceived models.

Other presenters not covered in this report:

· Miguel Menezes: Whangaparoa Road: Dynamic Lane Control Trial

· Stacy Goldworth: Hot Cut Back Bitumen Risks

· Fergus Tate: Implementing Code of Practice Temporary Traffic Management (CoPTTM) in contracts. Assess your risk correctly. Make sure you are not paying for a traffic management system you don’t need. Don’t get overcharged and don’t accept poor performance due to cost constraints.

· Robyn Findlay: Wynyard Quarter Bus Infrastructure (Young Engineers Presentation)

Next Forum 16 November 2018

All presentations are available to view on the RCA website: http://rcaforum.org.nz/