AGENDA

 

 

Ordinary Council Meeting

 

Thursday, 25 October 2018

 

Time:

10:00 am

Location:

Council Chamber

Memorial Avenue

Kaikohe

 

 

Membership:

Mayor John Carter - Chairperson

Cr Tania McInnes

Cr Ann Court

Cr Felicity Foy

Cr Dave Hookway

Cr Colin (Toss) Kitchen

Cr Sally Macauley

Cr Mate Radich

Cr John Vujcich

Cr Kelly Stratford

 

 


Ordinary Council Meeting Agenda

25 October 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

 

 

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

 

 

 

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.

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.

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

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

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

Residence at Kaha Place, Russell

 

 

 

Cr Kelly Stratford

Office manager at Kinghans.

 

 

 

Denture assistant at Kawakawa denture Services
self-employed as book keeper Kelly@ksbookkeeoing.net

None

None

 

KS Bookkeeping and Administration

Business owner, bookkeeping and development of environment management plans for clients.

None perceived

I’d step aside from decisions that arise, that may have conflicts.

Kinghans Accounting

Office Administration

None perceived

I’d step aside from decisions that arise, that may have conflicts.

Waikare Marae Trustees

Trustee

May be perceived conflicts

Case by case basis

Kawakawa Business & Community Association

Committee member/newsletter editor and printer

None perceived

If there was a perceived conflict, I will step aside from decision making

Bay of Islands College

Parent elected trustee

None perceived

If there was a perceived conflict, I will step aside from decision making

Karetu School

Bay Cosmos Soccer

Parent elected trustee. Committee member and coach

None perceived

If there was a perceived conflict, I will step aside from decision making

Property in Waikare and Moerewa

 

 

If there was a perceived conflict, I will step aside from decision making

Coffee and food

Ratepayers sometimes 'shout' food and beverage

Bias or pre-determination

Case by case

Kelly Stratford (Husband)

Puketona Junction Café

39 Gillies Café

Barista & Chef

Barista

N/A

N/A

Property in Moerewa

 

N/A

N/A

 

 

 


Ordinary Council Meeting Agenda

25 October 2018

 

Far North District Council

Ordinary Council Meeting

will be held in the Council Chamber, Memorial Avenue, Kaikohe on:

Thursday 25 October 2018 at 10:00 am

Order Of Business

1          Prayer. 13

2          Apologies and Declarations of Interest 13

3          Deputation. 13

4          Confirmation of Previous Minutes. 14

4.1            Confirmation of Previous Minutes. 14

5          Bay of Islands-Whangaroa Community Board. 27

5.1            Lease of Part Kororipo-Kerikeri Basin Recreation Reserve - The Pear Tree Restaurant 27

6          District Services Group. 48

6.1            Museum @ Te Ahu Collection Management Policy. 48

7          Strategic Planning and Policy Group. 59

7.1            District Plan Update. 59

7.2            Adoption of the Lindvart Park Reserve Management Plan. 64

7.3            Commissioner Recommendations on Submissions to Private Plan Change 22 - Inlet Estate Limited. 91

7.4            Mana Whakahono-ā-rohe/Iwi Participation Arrangements with Hapū or Hapū collective  129

7.5            District Transport Strategy. 135

8          Corporate Services Group. 159

8.1            Tauranga Bay Holiday Park Reserve Lease. 159

8.2            Revised Procurement Policy. 188

8.3            Council Calendar of Meetings 2019. 217

8.4            Appointment of Community Board Chairs to Council Committees. 223

8.5            Adoption of the Annual Report for the year ended 30 June 2018. 227

9          Chief Executive Officer. 229

9.1            Chief Executive Officer's Report - August September 2018. 229

10      Public Excluded  ………………………………………………………………………………….271

11       Meeting Close. 272

 

 


1            Prayer

2            Apologies and Declarations of Interest

Members need to stand aside from decision-making when a conflict arises between their role as a Member of the Community Board and any private or other external interest they might have. This note is provided as a reminder to Members to review the matters on the agenda and assess and identify where they may have a pecuniary or other conflict of interest, or where there may be a perception of a conflict of interest.

If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the meeting or of the relevant item of business and refrain from participating in the discussion or voting on that item. If a Member thinks they may have a conflict of interest, they can seek advice from the Chief Executive Officer or the Team Leader Governance Support (preferably before the meeting).

It is noted that while members can seek advice the final decision as to whether a conflict exists rests with the member.

3            Deputation

10.05 am Representitive from Disability Action Group

10.15 am Representitive from Oruru Hall

10.25 am Representitive from Kerikeri Squash Club

10.35 am Representitive from Māori Carbon Foundation


Ordinary Council Meeting Agenda

25 October 2018

 

4            Confirmation of Previous Minutes

4.1         Confirmation of Previous Minutes

File Number:           A2207078

Author:                    Maryn Ashby, Meetings Administrator

Authoriser:             Kate Barnes, Governance Support Team Leader

 

Purpose of the Report

The minutes are attached to allow Council to confirm that the minutes are a true and correct record of the previous meeting

 

Recommendation

That Council confirm the minutes of the Council meeting held 30 August 2018 as a true and correct record.

 

1) Background

Local Government Act 2002 Schedule 7 Section 28A states that a local authority must keep minutes of its proceedings.  The minutes of these proceedings duly entered and authenticated as prescribed by a local authority are prima facie evidence of those meetings

2) Discussion and Options

The minutes of the meetings are attached.

Far North District Council Standing Orders Section 27.3 states that no discussion shall arise on the substance of the minutes in any succeeding meeting, except as to their correctness.

Reason for the recommendation

The reason for the recommendation is to confirm the minutes are a true and correct record of the previous meetings.

3) Financial Implications and Budgetary Provision

There are no financial implications or the need for budgetary provision as a result of this report.

 

Attachments

1.       2018-08-30 Council Minutes - A2176105  


 

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

Not applicable.

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

Not applicable.

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.

Not applicable.

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.

None

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.

Yes

State the financial implications and where budgetary provisions have been made to support this decision.

There are no financial implications or the need for budgetary provision arising from this report.

Chief Financial Officer review.

The Chief Financial Officer has not reviewed this report

 

 


Ordinary Council Meeting Agenda

25 October 2018

 

   MINUTES OF Far North District Council
Ordinary Council Meeting
HELD AT THE Red Cross Building, 14 Butler Road, Kerikeri
ON Thursday, 30 August 2018 AT 10.01 am

 

PRESENT:                Mayor John Carter (HWTM), Cr Tania McInnes (Deputy Mayor), Cr Ann Court, Cr Felicity Foy, Cr Colin (Toss) Kitchen, Cr Sally Macauley, Cr Mate Radich, Cr John Vujcich, Cr Kelly Stratford

IN ATTENDANCE:   Shaun Clarke (Chief Executive Officer), Samantha Edmonds (General Manager - Corporate Services), Andy Finch (General Manager - Infrastructure & Asset Management), Dean Myburgh (General Manager - District Services), Sheryl Gavin (Acting General Manager - Strategic Planning & Policy)

STAFF PRESENT:   Jaime Dyhrberg - Executive Officer; George Swanepoel - In-House Counsel;  Bill Lee - Community Policy and Development Manager; Glenn Rainham - Manager - Alliances; Darren Edwards - Manager - Compliance and Resource Consents; Roger Ackers - Manager - Strategy Development (from 11.33 am); Richard Edmondson - Manager - Communications; Tanya Nowell - Team Leader - Infrastructure Programmes; Tammy Wooster - Senior Policy Planner (from 11.31 am); Emma Pilkington - Senior Policy Advisor (from 11.31 am);  Warren Ure - Procurement Specialist (from 12.06 pm); Kate Barnes -  Governance Support Team Leader; Maryn Ashby - Meetings Administrator; Kim Hammond - Meetings Administrator.

1            Prayer

2            Apologies and Declarations of Interest

Resolution  2018/1

Moved:       Mayor John Carter

Seconded:  Cr Tania McInnes

That apologies from Cr Dave Hookway be received and accepted.

Councillor Foy declared a conflict of interest in relation to item 16.1 – Final Consideration of proposed Far North District Plan Change 18 – Genetically Modified Organisms.

Carried

3            Deputation

-     Representative’s (Yewon Hwang, Dr Lily George and Nora Rameka) from Earth Citizen Wellness Centre, Kerikeri.

-     Dallas Williams representing Ngati Kaharau me Ngati Hau Hapu ki Omanaia.

4            Mayoral Announcements

-     Letter received from Airforce Squadron – 6, asking to use Kerikeri Airport as their base.

-     Maori Land Rating - His Worship the Mayor and Councillor Stratford continue to work with land owners.

-     Request for the Blues Preseason Game to be played in Kaikohe.

-     Development Contributions.

-     Email received from Leonie Exel in regards to the Dog Shelter/Pound.

-     Update on the Provincial Growth Fund - Manea: Footprints of Kupe.

-     Northland Inc.

-     Opononi Stormwater.

-     Roading - School Road, Totara North.

-     Mangonui Boardwalk.

-     Kerikeri Pavilion.

-     Dog Policy and Bylaw Consultation.

5            Confirmation of Previous Minutes

5.1         Confirmation of Previous Minutes

Resolution  2018/4

Moved:       Mayor John Carter

Seconded:  Cr Colin (Toss) Kitchen

That Council confirm the minutes of the Council meeting held 28 June 2018 as a true and correct record.

Carried

6            Notice of Motion

6.1         Notice of Revocation - Previous Resolution of the Council Meeting 22 June 2017 - Maromaku Netball Courts

Resolution  2018/5

Moved:       Mayor John Carter

Seconded:  Cr Kelly Stratford

That Council rescind the following part of the resolution passed at the Council meeting held 22 June 2017:

“THAT in accordance with Policy 2105 Council enter into an agreement for undertaking a community project with the Maromaku community to provide for the upgrade of Maromaku Netball Courts”:

Carried

 

7            Bay of Islands-Whangaroa Community Board

Suspension of Standing Orders

Resolution  2018/6

Moved:       Cr Kelly Stratford

Seconded:  Cr Felicity Foy

A motion was moved that Council suspend Standing Orders: 3.5 – Rules of Debate in order to allow members to freely discuss item 7.1.

Carried

 

Resumption of Standing Orders

Resolution  2018/7

Moved:       Mayor John Carter

Seconded:  Cr Tania McInnes

A motion was moved that Council resume Standing Orders.

Carried

 

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

Recommendation  2018/8

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

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.

 

LOST

Amendment

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

That Council refer the matter “Lease of part Kororipo-Kerikeri Basin Recreation Reserve – The Pear Tree Restaurant” back to the Bay of Islands-Whangaroa Community Board for consideration.

resolution

That Council refer the matter “Lease of part Kororipo-Kerikeri Basin Recreation Reserve – The Pear Tree Restaurant” back to the Bay of Islands-Whangaroa Community Board for consideration.

Carried

8            Kaikohe-Hokianga Community Board

8.1         Road Naming Section of State Highway 12, Opononi Omapere

Resolution  2018/9

Moved:       Cr Colin (Toss) Kitchen

Seconded:  Cr John Vujcich

The Kaikohe-Hokianga Community Board recommends that Council

a)                Pursuant to Council’s Road Naming and Property Addressing Policy #2125, the section of State Highway 12 commencing 100m east of the Opononi Wharf and ending at Signal Station Road be renamed ‘Hokianga Harbour Drive’, as per map (A2125323).

b)      The renaming to ‘Hokianga Harbour Drive’ takes effect from 1st May 2019.

Carried

 

8.2         Opononi Bowling Club - Lease Proposal

Resolution  2018/10

Moved:       Cr Mate Radich

Seconded:  Cr Sally Macauley

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.

Carried

9            Governance and Strategic Relationships Committee

9.1         Community Board Chairs and Council committees

Recommendation  2018/11

Moved:       Mayor John Carter

Seconded:  Cr Kelly Stratford

The Governance and Strategic Relationships Committee recommends that Council:

          a)      revokes the resolution of 28 February 2018: That Council appoints the Community Board chairs to the Infrastructure Network Committee and Audit, Risk, Finance Committee with speaking but not voting rights. 

          b)      instructs  the Infrastructure Network Committee and Audit, Risk, Finance Committee to allow the attendance of Community Board Chairpersons at their meetings with speaking rights, not voting rights.

LOST

10          District Services Group

10.1       Bay of Islands Watchdog Group Petition to Council

Resolution  2018/12

Moved:       Mayor John Carter

Seconded:  Cr Mate Radich

That Council endorses the response to the petition presented by the Bay of Islands Watchdog Group on 28 June 2018.

Carried

11          Strategic Planning and Policy Group

11.1       Final Consideration of Proposed Far North District Plan Change 18 - Genetically Modified Organisms

Resolution  2018/13

Moved:       Cr Ann Court

Seconded:  Cr Tania McInnes

That Council pursuant to Clauses 17 and 20 of Schedule 1 of the Resource Management Act 1991:

a)      approves Plan Change 18 – Genetically Modified Organisms;

b)      sets the operative date of 19 September 2018;

c)      publically notifies the plan change and operative date.

Carried

Councillor Foy declared a conflict of interest and abstained from voting.

 

11.2       Proposed Alcohol Control Bylaw 2018 for Consultation

Resolution  2018/14

Moved:       Mayor John Carter

Seconded:  Cr Mate Radich

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).

Carried

Councillor Court requested her vote against be recorded.

 

11.3       Amendments to the Community Grants Policy and Process for allocation of Events Funding

Resolution  2018/15

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

That Council:

a)      agrees the amendments to the Community Grant Policy 2017.

b)      agrees the Events Funding Process.

Carried

Councillor McInnes requested her vote against be recorded.

 At 11.55 a.m. Cr Tania McInnes left the meeting. At 11:57 a.m., Cr Tania McInnes returned to the meeting.

12          Corporate Services Group

12.1       Elected Member Report - Road Controlling Authorities Forum 27 July 2018

Resolution  2018/16

Moved:       Cr Ann Court

Seconded:  Cr Colin (Toss) Kitchen

That Council note the report entitled “Elected Member Report - Road Controlling Authorities Forum 27 July 2018”.

Carried

At 12.10 p.m. Cr Kelly Stratford left the meeting. At 12.12 p.m. Cr Kelly Stratford returned to the meeting.

13          Chief Executive Officer

13.1       Major Item not on the Agenda

Resolution  2018/17

Moved:       Cr John Vujcich

Seconded:  Cr Tania McInnes

That Council:

a)      resolves to consider the item not on the agenda Chinese Economic Development Visit.

b)      notes the item was not on the agenda because Council received the itinerary from          Far North Holdings Limited who are coordinating the visit.

c)      notes the report cannot be delayed because the trip takes place before the next     Council meeting on 25 October 2018.

Carried

 

13.2       Chinese Economic Development Visit

Resolution  2018/18

Moved:       Cr John Vujcich

Seconded:  Cr Ann Court

That the Council approve Mayor Carter and Councillor Macauley to visit China in October 2018 for the purpose of continuing to build and develop further relationships with other Chinese interest groups.

Carried

 


 

13.3       Major Item not on the Agenda

Resolution  2018/19

Moved:       Mayor John Carter

Seconded:  Cr Kelly Stratford

That Council:

a)      resolves to consider the item not on the agenda “Blues Preseason Game Proposal”.

b)      notes the item was not on the agenda as the issue was not brought to Council attention until 27 August.

c)      notes the report cannot be delayed because the Blues need a decision from Council before the next scheduled Council meeting.

Carried

 

13.4       Blues Preseason game Proposal

Resolution  2018/20

Moved:       Cr Ann Court

Seconded:  Mayor John Carter

That the Council delegate the decision on potentially underwriting a preseason rugby game between the Blues and Chiefs franchises on 2 February 2019 to the Audit, Risk, and Finance Committee.

Carried

 

13.5       CEO Report to Council (June-July 2018)

Resolution  2018/21

Moved:       Mayor John Carter

Seconded:  Cr Mate Radich

That Council notes the Chief Executive Officer’s Report - Period: 1 June – 31 July 2018.

Carried

The meeting was adjourned from 12.45 pm to 1.10 pm.

14          Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2018/22

Moved:       Mayor John Carter

Seconded:  Cr Kelly Stratford

That the public be excluded from the following parts of the proceedings of this meeting.

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

1.1 - Confirmation of Previous Minutes - Public Excluded

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

2.1 - Mayor/Elected Member Indemnity

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

2.2 - Specialist Panel for District Plan Review

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

2.3 - Supplier Recommendation for the Rawene - Omanaia Water Treatment Plant to Broadspectrum NZ Limited

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

 

Carried

 


 

15      confirmation of decisions and information in open meeting

Resolution  2018/23

Moved:       Cr Tania McInnes

Seconded:  Cr Ann Court

That Council

a) confirms that the following decisions contained in the part of the meeting held with the public excluded are to be restated in public meeting.

                   i.        Item 2.4 – Supplier Recommendation for Rawene – Omanaia Water        Treatment Plant to Broadspectrum NZ Limited.

                   RESOLUTION  2018/7

                   Moved:                Mayor John Carter

                   Seconded:                   Cr Ann Court

                   That Council:

                   a)      Approves the award of the Rawene-Ōmanaia Water Treatment Plant     Construction tender to Broadspectrum NZ Limited for the amount of REDACTED.

                   b)      Delegates to the Chief Executive Officer, the authority to execute the    contract.

                   c)      Delegates to the Chief Executive Officer, the authority to execute contract     variations to the maximum value of the contract contingency sum being   REDACTED.

                                                                                                                                         CARRIED

                   ii.       Item 2.2 – Mayor/Elected Member Indemnity

                   RESOLUTION  2018/8

                   Moved:      Cr Tania McInnes

                   Seconded:          Cr Mate Radich

                   That Council indemnify Far North District Council Mayor, John Carter and    Elected Members, in accordance with section 43 of the Local Government Act 2002 in relation to any finding made by the Court against the Mayor and Elected   Members unless the Mayor and Elected Members is found to have acted in bad       faith.

                   b) confirms that the remaining decisions and information contained in the part of the meeting held with the public excluded are not to be restated in the public meeting.

                                                                                                                                             CARRIED

 

Carried

 

16          Tabled Documents

Resolution  2018/24

Moved:       Cr Ann Court

Seconded:  Cr Tania McInnes

That the Council notes the additional papers:

1. Earth Citizen organisation. Presentation to FNDC – 30th August 2018.

2. Chinese Economic Development Visit report.

3. Blues Preseason Game Proposal report for Kaikohe as a venue.

 Carried

 

17          Meeting Close

The meeting closed at 1.52 pm.

 

The minutes of this meeting will be confirmed at the Ordinary Council meeting to be held on 25 October 2018.

 

...................................................

CHAIRPERSON

 


Ordinary Council Meeting Agenda

25 October 2018

 

5            Bay of Islands-Whangaroa Community Board

5.1         Lease of Part Kororipo-Kerikeri Basin Recreation Reserve - The Pear Tree Restaurant

File Number:           A2188893

Author:                    Alice Astell, Property Legalisation Officer

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

 

Purpose of the Report

To report back to Council the recommendation made by the Bay of Islands-Whangaroa Community Board proposing 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.

Executive Summary

·        On 2 July 2018 the Community Board, as the Council’s delegate, met to consider all submissions received following the public consultation process concerning the proposed new lease to the Pear Tree Restaurant and to make a recommendation to the Council regarding the proposed lease.

·        Following deliberations on the submissions, the Board chose not to adopt the staff recommendation to grant the new lease as publicly notified but instead recommended that Council grant a new lease for a limited term of 5 years only with no right of renewal and subject to all concept plans being approved by Kororipo Stone Store Basin Management Group (now re-named Kororipo Heritage Park Management Group – KHPMG). KHPMG consists of representatives from the Department of Conservation (DOC), Te Rūnanga o Ngāti Rēhia, Heritage NZ, Northland Inc (being a Council- Controlled Organisation owned by Northland Regional Council), Council staff and a Bay of Islands-Whangaroa Community Board member. All other essential terms of the new lease were recommended as proposed and consulted upon.

·        On 30 August 2018 Council met to consider the Board’s recommendation and make the final decision on the proposal. This involved two decisions: one from the standpoint of the Council as the Administering Body for the reserve, and the other as the Minister of Conservation’s delegate.

·        The staff report to Council (see attached Document A2208799) referenced a current Memorandum of Understanding between Council and Far North Holdings Limited (‘FNHL’) which authorises FNHL to manage the lease and relationship with the lessee. Commentary from FNHL’s Chief Executive concerning the lease negotiations was therefore included in the Council report, including his statement that: "the decision the Community Board made [on 2 July] 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 unless the extension and right of renewal are granted”.

·        Following deliberations, Council resolved “That Council refer the matter ‘Lease of part Kororipo-Kerikeri Basin Recreation Reserve – The Pear Tree Restaurant’ back to the Bay of Islands-Whangaroa Community Board for consideration”. 

·        Since then, DOC, Te Rūnanga o Ngāti Rēhia, Heritage NZ, FNHL and KHPMG have been approached for further information to assist the Community Board to make an informed decision, and on 18 September 2018 FNHL representatives met to discuss the lease proposal with KHPMG.

·        On 24 September 2018 the Bay of Islands-Whangaroa Community Board at its meeting reconsidered the report and makes the following recommendation to Council:

 

 

 

Recommendation

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:

a)                Term:         5 years

                   Rent:          Commercial rate to be determined by valuation

                   Right of Renewal:       One further term of 5 years if no alternative need identified

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

b) The Blacksmith Cottage be excluded from the leased area if required by Heritage New Zealand

c) Legal (vehicular) access be provided from the Pear Tree Restaurant to Kerikeri Road

d) Request that Council prioritise the development of a Reserve Management Plan in partnership with the  Kororipo Heritage Park Management Group

 

1) Background

The full background is set out in the recent staff report to the Council meeting on 30 August 2018 (Document A2208799).

In view of the commentary provided by FNHL and Council resolution of 30 August 2018, further information regarding the wider basin reserve development plan was sought to enable the Community Board to make an informed decision on the lease proposal. The responses received from the key agencies approached are summarised below for Council’s consideration:

 

a)      Response from a representative of DOC who also sits on KHPMG:

 

KHPMG have had some initial discussions regarding the proposed new lease and discussed some ideas for improvements to the recreation reserve. However DOC/KHPMG have not seen any actual development plans (which they believe need endorsing by KHPMG before the Council makes any funding decisions). They identified the need for a reserve management plan to cover the management and development of the reserve and advised that FNHL need to present the development plans to the management group and receive endorsement before the Community Board makes a recommendation.

 

Following FNHL’s subsequent meeting with KHPMG on 18 September 2018, DOC - on behalf of KHPMG - wrote a letter to the Community Board dated 18 September 2018 indicating their support of Option 1 (Attachment 4).

 

b)         Response from a representative of Te Rūnanga o Ngāti Rēhia who also sits on KHPMG:

 

Te Rūnanga o Ngāti Rēhia have not received any information relating to the creation of a walkway to the Pā sites, the development of a pear tree nursery using seed from the original pear tree, creation of seating areas or matching of the old wooden fence that runs alongside the Stone Store.

Ideas have been discussed regarding what could be done in the area, but that is as far as things have progressed.

 

Ngāti Rēhia have submitted an application to the Provincial Growth Fund (PGF) for the re-construction of Rewa’s Village, but this has no connection with the Pear Tree Lease proposal.

 

Following numerous meetings with staff from Council and FNHL, Ngāti Rēhia decided to support the original Pear Tree Lease new lease application which was for an initial term of 5 years followed by two rights of renewal of 5 years each. KHPMG have not seen any plans regarding the development of this area. Following FNHL’s meeting with KHPMG on 18 September, a letter was received from the Chairman of Te Rūnanga o Ngāti Rēhia indicating Ngāti Rēhia’s and KHPMG’s support of Option 1 (Attachment 5).

 

c)   From the Area Manager -Northland, Heritage New Zealand:

 

Heritage New Zealand advised that they have had no correspondence about plans for the Basin  and look forward to conversation regarding the matter.

 

d)   Far North Holdings Limited:

 

FNHL has an interest in the management of all aspects of the restaurant lease pursuant to an MOU between FNHL and Council. Commentary provided by FNHL’s Chief Executive, Andy Nock, was included in the 30 August Council report (Document A2208799).

 

On 18 September 2018, FNHL representatives met to discuss the lease proposal with KHPMG.

 

FNHL’s Chief Executive also addressed the Community Board at its meeting held on 24 September and confirmed to the Board that the existing tenant was agreeable to the revised lease term of 5 years plus one further right of renewal of 5 years.

 

The role of Council as Minister’s Delegate

 

The Council has a dual role as Administering Body (AB) of the reserve and 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 Reserves Act 1977 (‘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.

On 14 September 2017, Council delegated authority to the Community Board to make a recommendation to Council in respect of the proposal. A final decision on the submissions must be made by the Council as the AB 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 2002 (LGA) overlay decision-making requirements under other Acts such as the RA and cover the need to take into account community views.  This has been achieved by compliance with the RA’s public consultation requirements as well as iwi consultation.

The Board 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 involves the continuity of an existing facility located on the reserve. Pear Tree Kerikeri Limited as the current 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 consult with and consider 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 Rūnanga o Ngāti Rēhia 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 AB for the reserve, and the other from the standpoint of the Council as the Minister of Conservation’s delegate. 

Option 1

Council accept the Community Board’s recommendation of 24 September 2018 and resolve as follows:

Recommendation

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:

a)                Term:         5 years

                   Rent:          Commercial rate to be determined by valuation

                   Right of Renewal:       One further term of 5 years if no alternative need identified

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

b) The Blacksmith Cottage be excluded from the leased area if required by Heritage New Zealand

c) Legal (vehicular) access be provided from the Pear Tree Restaurant to Kerikeri Road

d) Request that Council prioritise the development of a Reserve Management Plan in partnership with the  Kororipo Heritage Park Management Group

The advantages of this option are:

·    it will open up more of the reserve to the public;

·    enable KHPMG to plan the broader basin development;

·    create an opportunity for this important heritage precinct area to be further enhanced for the enjoyment of the public.

·    the carpark will become available for public use and carpark maintenance costs will revert to Council.

This lease proposal has the support of all key stakeholders (KHPMG). Further, the current (commercial) Auckland District Law Society Lease was entered into in 1990 when the land was still in private ownership and entering a new lease- prepared in accordance with the RA- would enable the lease to accurately reflect this change in land status.

The restaurant operator will benefit from a right of renewal as it gives them security of tenure and enables them to plan and invest for the long term.

At the Community Board meeting held 24 September, FNHL confirmed the restaurant operator was agreeable to the proposed revised term of 5+5 years in exchange for reducing the size of the leased area.

Option 2

Accept the Community Board’s previous recommendation of 2 July 2018

The Community Board’s previous recommendation of 2 July 2018, resolved to grant a new lease for 5 years with no right of renewal and subject to all concept plans being approved by Kororipo Heritage Park Management Group.

However, FNHL’s Chief Executive who has been conducting negotiations with the existing tenant has indicated “the Tenant will not relinquish the area required to carry out [the wider basin development] …unless the extension and right of renewal are granted”.

This option is not workable, the outcome would be that all plans by FNHL and Ngati Rehia to enhance the basin reserve would have to be placed on hold until the existing lease expires on 30 April 2022".

This option does not have the support of Te Rūnanga o Ngāti Rēhia, DOC, FNHL, KHPMG or Council staff.

Option 3

Continue under the existing lease arrangement

Under the existing lease arrangement the lease expires on 30 April 2022. At that future date a new lease made in accordance with the RA could be negotiated, either with the current lessee or through a tender process or Expressions of Interest.

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, and in the meantime the broader basin development plans can be worked through.

The disadvantage is work on implementing the development plans for the basin reserve would have to wait until the lease expires in 2022, the carpark will continue to be limited to restaurant patrons only, and, as the lease expires in under 4 years, the restaurant operator may be unwilling or unable to invest in the long term.

This option does not have the support of Te Rūnanga o Ngāti Rēhia, DOC. FNHL, KHPMG or Council staff.

Option 4   

Defer making a recommendation until the broader basin development plans are finalised and approved by KHPMG

Council may choose to defer making a recommendation in respect of this matter for a maximum period of six months in order to enable the broader Basin reserve development plans to be finalised by FNHL and Te Rūnanga o Ngāti Rēhia and presented to KHPMG for approval, at which time the proposed lease could be revisited by Council for consideration.

The advantage of this option is that Council would be satisfied that the proposed new lease conformed with the broader heritage basin precinct development plans.

The disadvantage is the uncertainty caused as a result of this further delay to the existing tenant and the carpark would remain for restaurant patrons’ use only.

 

This option does not have the support of Te Rūnanga o Ngāti Rēhia, DOC FNHL, KHPMG or Council staff.

Reason for the recommendation

At its meeting held 24 September, the Board reconsidered the matter and made the recommendation to Council as set out in Option 1.  This option offers the greatest benefit to the public and allows for the proposed development and meets some of the tenant’s requirements of a longer term.

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

3) Financial Implications and Budgetary Provision

Option 1

Council continues to receive a commercial rental with future rent review dates to be negotiated.

The repair and maintenance of the gravel carpark becomes 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 Eastern Carparks External Services budget.

The new lease would expire ten years from the commencement date of the lease if the right of renewal is exercised (and no alternative need was identified).

 

Attachments

1.       Copy of the report presented to the Council meeting on 30 August 2018 - A2208799

2.       Pear Tree Lease Aerial Plan - A2208793

3.       Pear Tree Lease Submissions Updated - A2208798

4.       Letter received from Department of Conservation 18/09/2018 - A2208791

5.       Letter recevied from Ngati Rehia 20/09/18 - A2208792  


 

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 Rūnanga o Ngāti Rēhia as the recognised Tangata Whenua, Ahi-Kā and Kaitiaki of this area.  Ngāti Rēhia withdrew their initial objection submitted during the consultation process and support the proposed lease on the terms outlined in Option 1 of this report (refer attachment 5)

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 a key interest in this matter under the MOU, their comments were sought and are included in this report for Council’s information and consideration. Further information has also been sought from and provided by other interested parties; viz: the Department of Conservation, Heritage NZ, Te Rūnanga o Ngāti Rēhia and the Kororipo Heritage Park Management Group, who collectively have indicated their support of the proposed lease on the terms outlined in Option 1 of this report (refer attachment 4)

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 would revert to Council. It is proposed that this relatively small amount be met from the Eastern Carpark External Services budget.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Ordinary Council Meeting Agenda

25 October 2018

 

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25 October 2018

 

6            District Services Group

6.1         Museum @ Te Ahu Collection Management Policy

File Number:           A2207587

Author:                    Jacine Warmington, Manager - Community & Customer Services

Authoriser:             Dean Myburgh, General Manager - District Services

 

Purpose of the Report

To seek approval for the Collection Management Policy for Museum @ Te Ahu.

Executive Summary

This report proposes a Collection Management Policy for Museum @ Te Ahu (MATA) to provide guidance on how museum collections are managed.

 

Recommendation

That Council approves the Collection Management Policy for Museum @ Te Ahu (MATA).

 

1) Background

There is no current collection management policy for MATA.

 

The draft policy has been approved by the Far North Regional Museum Trust (Museum Trust).

 

2) Discussion and Options

A collection management policy is required to guide MATA on all aspects of collection management including the acquisition, accession, registration, cataloguing, care, use (for exhibition, education and research), and disposal of objects and specimens, collection security, conservation, storage environments, and access.

 

In implementing this policy MATA will have regard for legislation including, but not limited to, the following:

·     Heritage New Zealand Pouhere Taonga Act 2014

·     Protected Objects Amended Act 2006 (New Zealand)

·     UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 (International)

·     Convention on International Trade in Endangered Species of Wild Fauna and Flora 1975 (CITES) (International)

·     Wildlife Act 1953 (New Zealand)

·     Marine Mammals Protection Act 1978 (New Zealand)

·     Arms Act 1983 (New Zealand)

·     New Zealand Copyright Act 1994

·     New Zealand Copyright (New Technologies) Amendment Act 2008.

This policy sets out the MATA’s commitment to:

·   Collect items/taonga relating to art, history, cultures, and the natural environment on behalf of communities in the Far North

·   Maintain the collections/taonga to ensure their longevity

·   Maximise access to the collections/taonga.

This policy also applies to any collection item/taonga belonging to another organisation, for which MATA has temporary legal custody through a loan agreement or documented receipt.

The policy mitigates the risk of collections being mismanaged due to the absence of standards for acquisition, accession, registration, cataloguing, care, use (for exhibition, education and research), and disposal of objects and specimens, collection security, conservation, storage environments, and access.

The policy takes into account implications for Maori and acknowledges the cultural importance of taonga to Maori.

Reason for the recommendation

The Collection Management policy will guide the Council and Museum Trust in their governance and leadership responsibilities and activities associated with the Museum's collections.

 

3) Financial Implications and Budgetary Provision

There are no anticipated financial implications.

Attachments

1.       Museum @ Te Ahu Collections Policy - A2212827  


 

Compliance schedule:

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

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

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

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

c)      If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

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

 

Compliance requirement

Staff assessment

State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

Low

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

Proud, vibrant communities

 

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.

District wide relevance

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 implications for Maori

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.

Draft policy has been approved by Far North Regional Museum Trust

State the financial implications and where budgetary provisions have been made to support this decision.

No financial implications

Chief Financial Officer review.

The Chief Financial Officer has reviewed the report

 

 


Ordinary Council Meeting Agenda

25 October 2018

 

www.fndc.govt.nz
Memorial Ave, Kaikohe 0440
Private Bag 752, Kaikohe 0440

askus@fndc.govt.nz
Phone 0800 920 029
¬¬¬¬¬
,Museum@Te Ahu Collections Management Policy

,Adopted: TBD
Next review by: October 2019 and three-yearly thereafter 
 

 

 

 

 


Table of Contents

1.      Background. 1

2.      Objectives. 1

3.      Scope. 2

4.      Principles. 3

5.      Relevant Legislation, Policies and Procedures. 4

6.      Glossary. 4

 

1.   Background


Museum @ Te Ahu (MATA) recognises that the manner in which it grows, develops, manages and maintains its collections is fundamental to its role as a regional museum situated in Kaitaia, the Far North district of Aotearoa/New Zealand. The management of collections will be done in accordance with the Council’s values of professionalism, manaakitanga and integrity and will be guided by the International Council of Museums (ICOM) codes of ethics.

The collections and the associated information are the point of difference between Museum @ Te Ahu (MATA) and other cultural institutions within the region. They are the foundation for most of the activities undertaken by the Museum. In particular, collection development must be consistent with the Museum’s values of custodianship and stewardship, through the care of and access to the collections. The collections are retained by the Museum as a reference point or voucher for the development of new knowledge, and in the pursuit of meaning. Collections are obtained by the Museum through donation, field collection, purchase and exchange, and then retained for research, interpretation, education, display, enjoyment, and for their historical value to the regional context and sometimes on a national and international context.

This collection management policy will be a foundation document for the museum collections. Everything that is done to care for, document, develop these collections are all aspects of collection management. The acquisition, accession, registration, cataloguing, care, use (for exhibition, education and research), and disposal of objects and specimens, collection security, conservation, storage environments, and access is covered in this document.

2.   Objectives  

This policy sets out the MATA commitment to:

•           Collect items/taonga relating to art, history, cultures, and the natural environment on behalf of communities in the Far North

•           Maintain the collections/taonga to ensure their longevity

•           Maximise access to the collections/taonga.

This policy defines MATA’s Collections

•           Acquisition

•           Care, Management & Use

•           Borrowing

•           Deaccession

 

This policy replaces -

•           Draft Collection Development Policy (2016)

•           Draft Collection Management Policy (2017)

3.   Scope

This policy covers the acquisition, care, management, use and deaccessioning of all MATA Collection items/taonga, wherever they may be and however they are used, for as long as they are part of the collection.

 

Diagram 1:  The life cycle of a collection item/taonga

USE AT MUSEUM@TEAHU (MATA)
ACQUISITION CARE & MANAGEMENT DEACCESSION
USE BEYOND MUSEUM@TEAHU (MATA)
 

 

 

 

 

 

 

 

 

 

 

 


This policy also applies to any collection item/taonga belonging to another organisation, for which MATA has temporary legal custody through a loan agreement or documented receipt.

 


 

4.   Principles

 

·      MATA will hold collections on behalf of its communities, and serve them in a manner that advances the communities engagement to its past, present and future.

·      MATA will actively collect in three interrelated core thematic areas:

Far North histories, cultures and people

Mātauranga Māori histories (toi, whakairo, kōrero)

The unique natural environment of the Far North and people’s interaction with it

·      Items considered for inclusion in the Museum’s collections are often significant in more than one thematic area, and represent a range of cultural value, historical experiences, artistic merit and scientific integrity

·      The museum will continue to build on the strengths of our existing substantive collections and previous collecting priorities and opportunities

·      The museum will ensure that it can adequately house and preserve collections in its care and will not accept items that it cannot suitably accommodate.

5.   Acquisitions

·      The museum will collect items/taonga relating to art, history, cultures, and the natural environment to develop collections of regional significant aesthetic, historical, cultural, and scientific value

·      Strategic plans detailing the scope of collecting, and the current basis for acquiring further items for the collections are produced and maintained.  These plans align collection acquisition with the Museum @ Te Ahu (MATA) strategic plans

·      The museum co-operates with other New Zealand museums and collecting institutions in its collection development, and consults with source communities and individuals in relation to the acquisition, care, management, and use of collection items/taonga

·      The museum may acquire, or jointly acquire, a Collection item/taonga in the national interest that may reside within another museum or collecting institution subject to a joint management agreement

·      The museum will not acquire Collection items/taonga for the purpose of investment or sale

·      Due diligence will be carried out and documented for items/taonga considered for acquisition

1.   Research will determine the significance of proposed acquisitions

2.   Expert assessment will determine that Collection items/taonga are in, or are capable of being brought to, a state that will enable the realisation of their intended use and significance

3.   Collection items/taonga acquired only when the museum is able to care for and manage them in accordance with Clause 4 of this policy

4.   Legal title is established for every Collection item/taonga, and confirmation is sought that original collecting and any subsequent transfers were legal and ethical

5.   All acquisitions are authorised in accordance with Governance delegations to meet internal and external audit requirements

6.   Care, Management and Use

·      Collection items/taonga are registered, and information about a collection item/taonga is recorded through its lifetime, in a central collections information management system

·      Physical, environmental and legal risks to collection items/taonga are identified and mitigated

·      Collection items/taonga sampling and conservation treatment are undertaken within an ethical framework

·      Emergency response and recovery plans will determine response and capability to manage the impact of any emergency on the collections/taonga

·      The museum will maximise access to the collections, while maintaining their physical and cultural wellbeing

·      The museum will lend Collection items/taonga to other organisations

·      The museum may restrict or decline access to collection items/taonga for legal and ethical reasons, or when risks to the collection items/taonga, to people using them, or to the museum cannot be sufficiently mitigated

7.   Borrowing 

·      The museum will borrow items/taonga from other organisations or individuals to enhance its collections, research and exhibitions

·      All borrowed items/taonga are cared for to the same standards as collection items/taonga in the museums collection and are subject to the terms of a legal contract.

8.   Deaccession

·      Museum @ Te Ahu(MATA) will Deaccession a Collection item/taonga that:

is no longer relevant to the priorities in its strategic plans, or

is to be Repatriated, or

is to be transferred to another museum or collecting institution, or

has deteriorated to the point where it is no longer in, and cannot be returned to, a usable state.

·      Research will determine collection items/taonga no longer relevant to the museum strategic priorities, and will ensure no legal conditions preclude Deaccession

·      Research and consultation will support the Repatriation of a collection item/taonga, or the transfer of legal title to another museum or collecting institution

·      Expert assessment will determine collection items/taonga that has deteriorated to the point where they are no longer in, and cannot be returned to, a usable state

·      All Deaccessions are authorised in accordance with Governance delegations to meet internal and external audit requirements

·      Deaccessioned items no longer relevant to the museums strategic priorities or no longer in a usable state will be disposed of by return to donor, gift, exchange, sale or destruction.

9.   Implementation

Related Processes, Procedures and Guidelines

·      This policy will be supported by Process, Procedure, Strategic Plan and Guideline documents that will detail what needs to be done, how, and by whom, to implement the principles described in this policy.

Annual plans will be developed in each of the core thematic areas and will include plans to review a section of the current collections in order to ensure their ongoing relevance.

Each year the Curator shall bring forward to the Far North Regional Museum Trust and Far North District Council an outline of its current priority focus areas for collections.  

Responsibilities

·      This policy requires Museum @ Te Ahu Museum Trust namely the Far North Regional Museum Trust and the Far North District Council approval.

·      The Far North Regional Museum Trust and Far North District Council or their delegated representative is responsible for the governance and practice support for this policy.

Breaches of the Policy

·      Instances where this policy has been breached should be communicated to the Far North Regional Museum Trust and Far North District Council.

Review

·      The policy will be reviewed each year, by the Far North Regional Museum Trust and Far North District Council or their delegated representative.

10. Relevant Legislation, Policies and Procedures

Related FNDC Policies

            As at October 2018 there are no related policies

Legislation

·      Heritage New Zealand Pouhere Taonga Act 2014

·      Protected Objects Amended Act 2006 (New Zealand)

·      UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 (International)

·      Convention on International Trade in Endangered Species of Wild Fauna and Flora 1975 (CITES) (International)

·      Wildlife Act 1953 (New Zealand)

·      Marine Mammals Protection Act 1978 (New Zealand)

·      Arms Act 1983 (New Zealand)

·      New Zealand Copyright Act 1994

·      New Zealand Copyright (New Technologies) Amendment Act 2008.

 

11. Glossary

These definitions have been informed by the Controller and Auditor-General’s report Management of heritage collections in local museums and art galleries, April 2006.

 

Term

 

Definition

Acquisition

 

The process by which legal title; and therefore the legal transfer of ownership of collection item/taonga is obtained by MATA. The method of acquisition may be donation (gift, bequest), field collection, purchase, or commission

Accession

 

Document and manage the addition of acquired item/Taonga and associated information to the Museum’s collection

Collection Item/Taonga

 

An item/taonga acquired into museum’s collection through a formal acquisition process.  A Collection item/taonga may be a single object, a multi-component object, or a group of objects with an intrinsic relationship (ie belonging to the Collection item/taonga but physically separable). These collection items/taonga and their associated information are formally accessioned in accordance with the Museum’s collecting plans. Collection items/taonga held for the benefit of present and future generations

Deaccession

 

To permanently remove a Collection item/taonga from the collection. De-accessioning: The formal approval and documentation of the removal of a collection item/taonga from the Museum’s collection

Dispose

 

To donate, exchange, redistribute, sell or destroy an item/taonga as a result of deaccessioning

Register

 

Give a Collection item/taonga a unique number and identifying description

Incoming Loan

 

Objects that are lent to the Museum for a specific period of time and for a specified purpose, such as research, exhibition or display. Historically, objects were deposited on loan to augment the collection. A loan does not involve a transfer of ownership but the borrowing organisation takes responsibility for these objects while they are under the care of the Museum

Outgoing loan

 

Objects from the Museum’s collections that are lent to another organisation for a specific period of time and for a specific purpose, such as research, exhibition or display. A loan does not involve a transfer of ownership but the borrowing organisation takes responsibility for these objects while they are under their care

Protected Objects

 

Objects classified as taonga tuturu under the Protect Objects Act 1975. These objects include archaeological, ethnographic, historical, social history, applied and decorative arts, natural science objects, and documentary heritage

Temporary deposit

 

An object that is held temporarily at the Museum for photography, identification or assessment for acquisition

1.           


 

12. Appendix

BRIEF HISTORY OF THE DEVELOPEMENT OF THE MUSEUM'S COLLECTIONS

The current collections of Te Ahu Museum and Archives(TAMA) formerly of the Far North Regional Museum; are a reflection of the history of the museum, and the contributions of a couple generations of trustees, directors, staff, donors predominately locals of Kaitaia and volunteers.

In 1940, the Centennial Memorial Library and Rest Room in Kaitaia was officially opened and funded by public subscription and government subsidy, the building was the district's New Zealand Centennial Memorial.

By 1967, the library had outgrown the premises and local interest in establishing a museum grew and it was suggested that the old library building would be suitable to house artefacts and documents relating to our Far North people and district. The council agreed, providing funds were raised by the public to relocate the library and establish a museum.

Fundraising commenced in 1968 when Ivan Berghan, County Chairman, and Des Bell, Mayor, formally made donations. Foundation Memberships were available to the public for $100, and Life Membership for $20. Generous financial support came from the regional councils, private donations and public fund-raising events.

As part of the Queen Carnival, a ‘mini museum’ was set up on the top floor of Vegar's Drapery Store where Arthur Northwood’s Collection of over 400 photographs displayed for the first time. As interest grew to establish a museum, the committee received numerous donations of display items for the exhibits.

The Far North Regional Museum opened in December 1969, with the purpose of collecting and preserving treasures and taonga relating to the history of the Far North in the old Mangonui County.

From 1976 to 1985, Judy Evans was custodian and ran the Tourist Information Centre operating from the museum, assisted by an enthusiastic team of volunteers. During the 1980s, Olwyn Ramsey, focused on collecting historical documents about the district and its people, established the archives (documentary heritage) within the museum. The archives (paper based material) became an important part of the museum with the donation of early printed books, diaries and letters from missionaries, rangatira Māori and pioneer families of the Kaitaia region.

 

The discovery of the de Surville anchor provided a major boost of publicity for the museum and a new addition was added to the old building to house the anchor.

In 2006 the "concept" of bringing all Council amenities under one roof was envisaged and in 2012, the museum and archives moved from Pioneer House to the new Te Ahu Centre on the corner of South Rd & Matthews Ave, and the museum was renamed Te Ahu Museum and Archives (TAMA).

98 per cent of the collections have remained in storage in the Pioneer House while the paper based archives moved into Te Ahu Museum’s new temperature and humidity controlled storage room. 

In 2018, the museum’s name was changed to Museum @ Te Ahu (MATA).

 


7            Strategic Planning and Policy Group

7.1         District Plan Update

File Number:           A2200348

Author:                    Tammy Wooster, Senior Policy Planner

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

 

Purpose of the Report

To provide the Council a regular update on the status of various functions of the District Planning Department.

Executive Summary

The report provides an update for the Council on the progress of current reserve management plans, plan changes, submissions, appeals, and the strategic alignment of the consolidated District Plan review processes.

This item includes an Update Schedule (refer to Attachment 1) and a graphic representation of Plan Change status (refer to Attachment 2).

 

Recommendation

That the Council receive the District Plan Update report.

 

 

Background

Council has requested a regular update on the status of various functions of the District Planning Department, including reserve management plans, plan changes, submissions, appeals and the strategic alignment of the consolidated District Plan review processes. 

 

Discussion and Next Steps

Current Plan Change Processes

Fully Operative and Completed:

·     Proposed Plan Change 18 - Genetically Modified Organisms (GMOs)

This plan change became fully operative on 19 September 2019.  The District Plan has been updated to incorporate the new chapter 19, which regulates GMOs.  The public were advised via a statutory public notice and media release.   

Proposed Private Plan Change Hearing Panel Recommendations to be considered:

·     Proposed Plan Change 22 – Inlet Estate Limited

This plan change was heard by an Independent Commissioner (William Smith) on 2 August 2018 and his recommendations have been received.  Commissioner Smith has recommended approval subject to some minor changes and the inclusion of four additional titles.  A separate agenda item has been submitted to Council seeking a decision on the Commissioner’s recommendations and proposed modifications.   

Development of the draft District Plan

The District Plan team have completed the draft policy framework along with rule directions and are currently undertaking consultation with targeted stakeholders.

Plan Review Communications

Public consultation on the draft policy framework will occur from October through to December 2018.  We are no longer able to align this consultation programme with consultation on the draft Sustainable Development Strategy and Spatial Plan.  The District Plan team attended the combined Community Boards meeting on the 11 September 2018 and updated them on the draft District Plan and public consultation programme.  Community Board members were invited to participate in public consultation days that would be occurring in their ward.  

Engagement with Tangata Whenua

A workshop on the draft policy framework and rule directions was held with the Tangata Whenua District Plan Reference Group (TWWG) on the 29 August 2018.  Consultation with TWWG will continue over the coming months.  Tangata whenua will also be able to participate through the public consultation process.

Indigenous Biodiversity Identification and Mapping Project

The Regional Policy Statement for Northland (RPS) requires the protection, maintenance and where appropriate and practicable enhancement of biodiversity in our district.  This is also required under the Resource Management Act 1991 (the Act).  The RPS requires the identification of vegetation considered to be ‘Significant Natural Areas” (SNA’s) based on the criteria specified in the Appendix 5 of the RPS.   Northlands three district councils (Far North, Whangarei and Kaipara) have agreed to work together collectively on undertaking this work.  This collective approach will:

§ ensure that there is a consistent approach applied across the region;

§ address any cross boundary resource management issues; and

§ result in cost efficiencies. 

The outputs of this project will be used to inform the Indigenous Biodiversity section of the District Plan. The draft District Plan policy framework and rule direction is currently proposing a tiered approach to the protection of indigenous biodiversity, with a more restrictive policy and rule framework applying to land identified as having SNA’s present.  The new framework will only be applicable when undertaking new land use (e.g. vegetation clearance) or a subdivision.

Due to the three councils not having the required in-house ecologist expertise, this work will be undertaken by a consultant.  It is intended to award the contract by the end of October 2018, with work to commence by late November 2018.  A press release to inform the public of this piece of work will go out once the contract has been awarded.  Once draft maps have been created for the proposed SNA’s, affected land owners will be notified and invited to participate in a consultation process to further refine these areas.  It is envisioned that this will occur towards the end of March 2019 through May 2019.  

Further Reform Considerations

The District Plan team on behalf of Council made a submission on the notified draft National Planning Standards (the Standards). The Ministry for the Environment is still intending to have a April 2019 gazettal date for the Standards.  The Standards will have a strong influence on the structure, content and notification timing of the new District Plan. 

Mana Whakahono-ā-Rohe

The Mana Whakahono-ā-rohe (MWāR) Working Group are continuing to work together to understand the risk and opportunities of this new requirement of the Act. To help support this process, Council is working with Northland Regional Council, Whangarei and Kaipara District Councils, in the sharing of information to help prepare for potential requests from Iwi authorities or hāpu. 

An agenda item went to the 26 July 2018 Governance and Strategic Relationships Committee seeking a recommendation on how Council will respond to invitations to initiate a MWāR process with hapū.

Subsequently at the September 11 2018 combined Community Board meeting the District Plan team, with support from the Community Development team, gave a broad overview of the legislative requirements under MWāR. A Council workshop was later held on 20 September 2018 to update Council on current progress, issues and opportunities that have been identified and discuss next steps by the MWāR Working Group.

A separate agenda item has been submitted to Council seeking approval of the Governance and Strategic Relationships Committee resolution.

Proposed National Policy Statement for Highly Productive Soils

The Minister for the Environment is considering the development of a National Policy Statement for versatile land and high class soils.  A workshop was held on the 24 September in Auckland which included councils and stakeholders (e.g. Horticulture New Zealand).  The purpose of this workshop was to discuss the planning issues and associated options to help inform the potential creation of a new national policy statement.  The District Plan team attended the workshop to give the Far North perspective on this important issue. 

Current Reserve Management Plan Processes

Lindvart Park

The draft reserve management plan submissions were heard by the Kaikohe-Hokianga Community Board (the Board) on the 28 August 2018 and deliberations were held on the 12 September 2018.  At the deliberations a resolution was made by the Board to approve the draft reserve management plan, subject to minor changes and removing reference to any concept plan. A separate agenda item has been submitted to Council seeking approval of the amended draft reserve management plan.   

Kerikeri Domain

During September consultation on the development of a reserve management plan for the Kerikeri Domain took place with key stakeholders and the public.  The draft reserve management plan document has been completed.  Approval will be sought from the BOI-Whangaroa Community Board on 5 November 2018 to notify the draft reserve management plan and have it go before Council for approval to consult with the public.

Financial Implications and Budgetary Provision

Costs associated with the statutory RMA “Schedule 1” district planning work streams for the 2018/19 financial year (such as appeals on the Proposed Plan Changes) and other updates are budgeted for. 

From a “Plan Review” perspective, a consolidated plan review will have associated costs once the Plan is notified and subsequent hearings and plan appeals occur.  Stage 1 Processes which involved the Research and Investigation Framework was mostly undertaken in-house.  Stage 2 - Issues and Options may have a moderate to high funding requirement in the 2018/19 financial year.  Hearings and appeals are in the 2019/20 and/or subsequent financial years and may have greater costs, especially in relation to specialist involvement, legal processes and support.  The budgets and timing of work proposed in the Annual Plan for 2018/19 and the subsequent Long Term Plan 2018-28 will be kept under review.

Costs associated with the “Reserve Management Plan” work streams for the 2018/19 financial year are budgeted for. 

Attachments

1.       Plan Changes and Reserve Management Plans Update Schedule - A2202437

2.       District Plan Changes Progress Graphic - A2201781  

 


Ordinary Council Meeting Agenda

25 October 2018

 

District Plan Changes and Reserve Management Plans Update Schedule

 

DISTRICT PLAN CHANGES

Number

Title

Status

Comment

18

Genetically Modified Organisms

Operative

This plan change is now fully operative and the plan change process has been completed.   

22

Inlet Estate Ltd (Private Plan Change)

 

Commissioners Recommendations received 

The Hearing Panel recommendations have been received.  Council must now determine whether those recommendations should be adopted. 

 

 

 

RESERVE MANAGEMENT PLAN CHANGES 

Park 

Location

Status

Comment

Lindvart

Memorial Avenue, Kaikohe

Deliberations completed 

Subject to amendments, the Kaikohe-Hokianga Community Board has approved the reserve management plan.  The next step is to seek a resolution from Council to approve it.       

Kerikeri Domain

Cobham Road, Kerikeri

 

Draft completed    

The draft reserve management plan has been written.  The next step is to notify the draft document. 

 

 

 

 

 


Ordinary Council Meeting Agenda

25 October 2018

 

District Plan Changes – September 2018 ,Proposed Plan Change Activity Report - September 2018 20182017
Summary of Activity: There is currently 1 private plan change being processed and Council plan change 18 is completed.  Council is currently undertaking a consolidated review of the Operative Far North District Plan 2009.
Highlights for the month 

•	Plan Change 18 was completed.
 

 



7.2         Adoption of the Lindvart Park Reserve Management Plan

File Number:           A2207204

Author:                    Rachael Pull, Specialist Planner - Urban Design

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

 

Purpose of the Report

To seek adoption of the Lindvart Park Reserve Management Plan.

Executive Summary

 

Kaikohe-Hokianga

Recommendation

That the Council, pursuant to its powers under section 41 of the Reserves Act 1977, adopt the amended Lindvart Park Reserve Management Plan 2018.

 

 

1) Background

In March 2017, Council gave public notice of its intention to create a Reserve Management Plan (RMP) for Lindvart Park.  One of Council's responsibilities under the Reserves Act 1977 is to prepare RMPs for all of its reserves.  An RMP sets out how Council intends to provide for the use, enjoyment, maintenance, protection, preservation and, when appropriate, development of a reserve. 

The draft RMP was written by staff, with support from a consultant, following consultation with key stakeholders, Iwi and the public. 

The RMP was publicly notified on the 21 May 2018, with submissions closing on 27 July 2018.  A total of 48 submissions were received, with 7 submitters requesting to be heard. All submissions were in support of having a RMP, but the majority requested changes to the RMP as they wanted to have additional facilities provided at the Park.  Some submissions also referred to matters which cannot be controlled by the RMP and are better managed through Bylaws and the Long Term Plan.

At the 26 April 2018 Council meeting it was resolved that the Kaikohe-Hokianga Community Board would hear the submissions received on the RMP, and that they would deliberate on making changes to the RMP as a result of feedback before recommending adoption to Council. The resolution therefore enables the Board to amend the RMP and put forward a recommendation to Council to adopt an amended RMP.

The public hearing was held by the Board on the 28 August 2018, and deliberations were held on 12 September 2018 at which time the RMP was amended. 

2) Discussion and Options

Kaikohe-Hokianga Options

The available options include Council either adopting the amended RMP or resolving to prepare a new RMP.

Option 1

The Kaikohe-Hokianga Community Board has reviewed the submissions made by the public and considers that there should be some minor changes made to the RMP to achieve a more integrated document, which also addresses concerns raised by the community. The following changes were made:

a)   Altering a landscaping policy to provide for Crime Prevention through Environmental Design (CPTED)

Submissions were received raising concerns over anti-social behaviour occurring around landscaped areas, as it provides screening from the public, which can have negative impacts on the wider community and users of the Park.  It is considered that landscaping is required at the Park due to its significant amenity values, and in the case of the mature trees it provides shading during the summer months.  However, it is recognised that there has to be a balance between the benefits of the landscaping and providing for the safety of the community.  It is considered that by amending a landscaping policy to provide for CPTED this issue can be addressed.    

 

b)   Referring to the Council Dog Control Bylaw

A number of submissions wanted the RMP to control dogs on the Park.  Council is required to have a Dog Control Bylaw under the Dog Control Act 1996.  While this bylaw should regulate the use of the park in relation to dogs, it is acknowledged that the RMP should make reference to the bylaw and provide facilities for activities set out in the bylaw to ensure that it is an integrated document that acknowledges other relevant legislation. 

 

c)   Providing for neither Concept Plan A and B

When the RMP was being discussed with key stakeholders and Iwi, there were two concept plans, referenced A and B.  It was decided, however, to only incorporate concept plan A into the publicly notified draft. Submissions were divided on which was the best option and included new facilities not shown on the plans.  

Therefore Council and the key stakeholders that use the Park would be best suited to determine where these facilities would be best located.  Reference to the concept plan was removed from the RMP and a policy providing for additional equipment on the reserve was added.

Option 2

The Council may consider that they do not agree with all or some of the recommendations made in Option 1.  Therefore the Council has the option of recommending starting the RMP process again.

Reason for the recommendation

Option 1 is recommended to the Council.  It is considered that the recommended amendments will address the majority of concerns raised in the submissions, and create a more integrated RMP.  Council is required to have a RMP for Lindvart Park. 

3) Financial Implications and Budgetary Provision

Associated administrative tasks and costs.  These costs will be met through the existing 2018/19 operational budget for the development of the RMP. 

There are no financial implications for the Council in relation to the resolution.

 

Attachments

1.       Attachment 1: Lindvart Park Reserve Management Plan - A2208125  


 

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 report has a low level of significance. A reserve management plan is required by legislation, and those who will be impacted have been consulted.

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

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.

District-wide relevance.  Hearing and deliberations were delegated to the Kaikohe-Hokianga 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.

Implications were considered within the consultation and development process of the RMP.

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.

As part of the legislative process, the RMP was open to the public for two months for submissions, which were heard by the Kaikohe-Hokianga Community Board.

State the financial implications and where budgetary provisions have been made to support this decision.

There are no financial implications for the Council in relation to the resolution.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Ordinary Council Meeting Agenda

25 October 2018

 

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Ordinary Council Meeting Agenda

25 October 2018

 

7.3         Commissioner Recommendations on Submissions to Private Plan Change 22 - Inlet Estate Limited

File Number:           A2207997

Author:                    Andrew McPhee, Senior Policy Planner

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

 

Purpose of the Report

To seek approval for the recommendations and proposed modifications made by the Commissioner hearing Private Plan Change 22 – Inlet Estate Limited.

Executive Summary

On 2 August 2018 the Council held a hearing in Kerikeri for PPC22 which seeks to change the zoning for two parcels of land totalling 3.57ha at 17 and 17A Kerikeri Inlet Road from Rural Living zone to Residential zone.

 

The Commissioner has recommended that PPC22 be approved with modifications to:

§ 7.6.3 Objectives;

§ 7.6.4 Policies;

§ 7.6.5.1.7 Setback from Boundaries;

§ 7.6.5.1.10 Visual Amenity;

§ 7.6.5.3.7 Setback from Boundaries; and

§ 15.1.6C.1.1 Private Accessway in all Zones.

 

Zone maps 28 and 87 will also need to be modified. The modifications include the addition of four properties within the plan change area being 86 Cobham Road, 7, 11 and 15 Kerikeri Inlet Road.

 

Recommendation

That pursuant to Section 37 of the Resource Management Act, the time period be extended for the receipt of submissions in order to accept as valid the submission from Fredrick Walter Terry;

And that pursuant to Clauses 29 and 10 of Schedule 1 of the Resource Management Act 1991:

a)      The Proposed Plan Change 22 to the Far North District Plan be approved with modifications; and

b)      Those submissions and further submissions which support the Proposed Plan Change be accepted to the extent that the Plan Change is approved with modifications; and

c)      Those submissions and further submissions which seek further changes to the Proposed Plan Change be accepted to the extent that the Plan Change is approved with modifications; and

d)      Except to the extent provided above, all other submissions and further submissions are rejected.

 

1) Background

Private Plan Change 22 – Inlet Estate Limited (PPC22) was lodged on 11 April 2017 and sought to change the zoning for two parcels of land totalling 3.57ha in area at 17 and 17A Kerikeri Inlet Road from Rural Living zone to Residential zone.

37 submissions were received on PPC22, 19 in support, 9 in opposition, 2 neutral and 7 either supported or opposed the plan change in part. 4 further submissions were also received. One from Fredrick Walter Terry two days after the closing date for submissions. This submission was recommended to be accepted by the Reporting Planner because it did not raise any new issues and no parties would be disadvantaged as a result of the submission being accepted.

Council passed a resolution at its meeting on 26 November 2009 that under Section 34A of the Resource Management Act 1991 (RMA) to delegate to a commissioner/s the responsibility of conducting hearings and making recommendations in relation to private plan changes, as set out in Section 41-42A of the RMA. These recommendations will then be referred back to Council for a decision.

A hearing was held in Kerikeri on 2 August 2018 and heard by the appointed Hearings Commissioner, William (Bill) Smith.

2) Discussion and Options

The Commissioner’s commentary and recommendations on PPC22 have been prepared in the form of a Decisions Report, which is now available for consideration by Council (see Attachment 1).

In summary the Commissioner recommends that PPC22 be approved with modifications to the following parts of the District Plan (see Attachment 2):

§ 7.6.3 Objectives;

§ 7.6.4 Policies;

§ 7.6.5.1.7 Setback from Boundaries;

§ 7.6.5.1.10 Visual Amenity;

§ 7.6.5.3.7 Setback from Boundaries; and

§ 15.1.6C.1.1 Private Accessway in all Zones; and

§ Zone Maps 28 and 87 Kerikeri Central: Change zoning of Lot 1 DP 404507, and Lot 1 DP 181291, Lot 2 DP 103531, Lot 1 DP 103531, Lot 2 DP 58333 and Pt Lot 1 DP 58333 to Residential.

In accordance with Clause 10 of Schedule 1 of the RMA Council is required to give a decision on the provisions and matters raised in submissions and that decision must include the reasons for accepting or rejecting the submissions.

Accept the recommendations and proposed modifications

If Council’s decision is to accept the recommendations and proposed modifications identified in the Decision Report then Council can proceed to notify the decision in accordance with Clause 11 of Schedule 1 of the RMA. The reasons for accepting or rejecting the submissions are provided in the Decision Report.

Reject the recommendations and proposed modifications

If Council’s decision is to reject the recommendations and proposed modifications in the Decision Report then the matters in Clause 10(2) of Schedule 1 of the RMA will need to be satisfied.

It should be noted that Council can approve or reject the Commissioner’s recommendations but cannot modify them.

Reason for the recommendation

It is recommended that Council adopt the Commissioner’s recommendations and proposed modifications. PPC22 was heard by an independent commissioner in accordance with Council’s resolution. The option to reject would necessitate a repeat of the hearing, which in accordance with Council’s resolution would be re-heard by an alternate independent commissioner/s.

3) Financial Implications and Budgetary Provision

The cost associated with the implementation of this private plan change is borne by the requester (Inlet Estate Ltd).

Attachments

1.       2018-10-25 Private Plan Change 22 att1 - Commissioner Decision Report - A2208126

2.       2018-10-25 Private Plan Change 22 att2 - Text and Map Changes - A2208127  


 

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 low significance as it has been through a statutory process and was publically notified.

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

Resource Management Act 1991

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.

PPC22 does not have district wide relevance and was publically notified. A Council resolution has determined that it be heard by an independent commissioner.

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 requestor consulted with Iwi as part of the plan change process.

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.

Any party is able to submit and/or further submit on the private plan change application and prepare evidence in support of that submission at a hearing.

State the financial implications and where budgetary provisions have been made to support this decision.

The requestor is responsible for reasonable costs associated with the plan change application.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Ordinary Council Meeting Agenda

25 October 2018

 

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Ordinary Council Meeting Agenda

25 October 2018

 

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Ordinary Council Meeting Agenda

25 October 2018

 

7.4         Mana Whakahono-ā-rohe/Iwi Participation Arrangements with Hapū or Hapū collective

File Number:           A2209121

Author:                    Makarena Dalton, Policy Planner

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

 

Purpose of the Report

To seek adoption of the recommendation by the Governance and Strategic Relationships Committee on entering Mana Whakahono-ā-Rohe/Iwi Participation Arrangements (MWāR) with hapū.

Executive Summary

MWāR present Council with a further opportunity to improve working relationships with tangata whenua and enhance Māori participation in resource management and decision-making processes. Engagement in the process is a statutory requirement for all Councils under the Resource Management Act 1991 (the Act).

 

The Act provides clear guidance on how a Council will respond to invitations from iwi authorities for a MWāR, however, Council can decide how they will respond to invitations from hapū.

 

On 25 July 2018, the MWāR working group and representatives from MfE hosted a workshop that focussed on MWāR with Council.  Following the workshop, on 26 July 2018, the Governance and Strategic Relationships Committee (GSR) met and resolved the following: 

 

That the Governance and Strategic Relationships Committee is recommending that Council can initiate Mana Whakahono-ā-Rohe with a hapū or collective of hapū only after it has established a relationship with that hapū or collective of hapū.

 

Recommendation

That the Council may initiate Mana Whakahono-ā-Rohe with a hapū or collective of hapū only after it has established a relationship with that hapū or collective of hapū.

 

1) Background

The Resource Management Act 1991 (the Act) was amended in April 2017 to introduce a new process for establishing relationship arrangements between tangata whenua (through iwi authorities) and councils, called Mana Whakahono-ā-Rohe/Iwi Participation Arrangements (MWāR).

 

The intent of the MWāR provisions are:

·       to improve working relationships between tangata whenua and local authorities;

·       to enhance Māori participation in resource management and decision-making processes;

·       to manage expectations between tangata whenua and local authorities, and highlight what can be achieved; and

·       to facilitate efficient and effective statutory outcomes.

 

Following the introduction of the legislation, the Strategic Planning and Policy Group established the MWāR working group with staff from Community Development, District Planning, Strategy Development and Risk and Improvement. The purpose of the working group is to work collaboratively to understand the requirements of the legislative amendments, the organisational opportunities and community benefits.

 

On 25 July 2018, the MWāR working group and representatives from MfE hosted a workshop that focussed on MWāR with Council.  Following the workshop, on 26 July 2018, the Governance and Strategic Relationships Committee (GSR) met and resolved the following: 

 

That the Governance and Strategic Relationships Committee is recommending that Council can initiate Mana Whakahono-ā-Rohe with a hapū or collective of hapū only after it has established a relationship with that hapū or collective of hapū.

 

The MWāR working group were tasked to undertake further analysis to better understand the potential structure, process and financial implications of MWāR. While a subsequent workshop was held with Council on 20 September 2018 further work is still required.

 

2) Discussion and Options

 

The guidance from MfE recommends undertaking a stocktake of existing relationships with tangata whenua as MWāR are intended to support and build on existing relationships. Where appropriate, there is the potential to replace existing formal relationship agreements, such as a Memorandum of Understanding, with a MWāR or they can be developed to complement those existing agreements.

 

These have already been highlighted in a report to GSR (refer to report Iwi/ Hapū/Māori Relationship Agreements Update to 31 May 2018 Committee Meeting - A2060329).

 

Initiation of Mana Whakahono-ā-Rohe

A significant feature of the legislation is the way in which a MWāR can be initiated and by whom. It is important to note that initiation by Council with an iwi authority, hapū or hapū collective is not bound by the statutory timeframes or process prescribed where an iwi authority initiates a MWāR with Council. 

 

Initiation by iwi authorities:

·    A Mana Whakahono arrangement can be initiated by one or more iwi authorities with one or more local authorities.

·    At any time (other than in the period that is 90 days before the date of the triennial election) one or more iwi authorities may invite 1 or more relevant local authorities in writing to enter into a MWāR with 1 or more iwi authorities.

·    The hui/meeting must be held no later than 60 working days after the invitation received, unless both parties agree otherwise.

·    The MWāR must be concluded within 18 months following the date on which the initiation was received or another date agreed by all parties.

 

Initiation with hapū or hapū collective:

·    A MWāR cannot be initiated by hapū or hapū collective.

·    Council may initiate a MWāR with one or more hapū or hapū collective.

·    The MWāR is not subject to the same statutory timeframes and processes as an iwi authority initiated MWāR. The process, time period and implementation must be agreed by both parties.

 

The guidance for MWāR was published by the Ministry for the Environment (MfE) on 13 April 2018 (see Attachment 1).

 

Option One: Recommend that Council may initiate Mana Whakahono-ā-Rohe with a hapū or collective of hapū only after it has established a relationship with that hapū or collective of hapū.

If a hapū or hapū collective indicates that they are interested in engaging with Council and/or are seeking a MWāR, Council staff can begin a relationship building process. This process will focus on understanding the key issues and opportunities for Council and the hapū or hapū collective. Only after a positive relationship has been established and if both parties agree that the relationship is working well and it is appropriate, Council may choose to initiate a MWāR process with hapū or hapū collective. 

 

There are a number of challenges to this approach. While the Far North District has 11 recognised iwi authorities (for the purposes of the Act), it is estimated that there are between 200-250 hapū. While it is not expected that every hapū or hapū collective will want an individual relationship, it is important to be aware of the scale and potential resourcing implications.

 

Option Two: Recommend that Council initiate MWāR with hapū or hapū collective.

If a hapū or hapū collective indicates that they are interested in a MWāR, Council will initiate a MWāR process.

 

The most significant challenge for this approach is the estimated number of hapū or hapū collective in the Far North District. While it is not expected that every hapū or hapū collective will want an individual relationship, resourcing and managing the potential scale of this task may be difficult and expensive.

 

Option Three: Recommend that Council not initiate MWāR with hapū.

This option means that Council will not consider initiating MWāR with hapū.

 

This approach may prematurely end any opportunity to build positive relationships and any potential benefits for the community through the development of a MWāR.

Reason for the recommendation

 

MWāR provide Council with an opportunity to build positive relationships with tangata whenua and work towards meeting obligations under that legislation. Option One provides Council with an opportunity to begin forming a relationship with tangata whenua, irrespective of their legislative status, that will support positive community outcomes and demonstrates a willingness to engage positively with tangata whenua. 

3) Financial Implications and Budgetary Provision

In the short term there will be limited financial implications as there is budgetary provision for administering Memorandums of Understanding. However, once a process to manage MWāR has been developed and agreed, submissions will need to be made to the Long Term Plan and Annual Plan process to seek appropriate and necessary resourcing.

 

ATTACHMENTS

The following attachments are available on the Councils website at:

https://www.fndc.govt.nz/your-council/meetings/council-meetings-calendar/meetings-calendar-events/2018/10.00am-council-meeting-2018-10-25

1.       Mana Whakahono a Rohe guidance – A2209609

 

Attachments

Nil


 

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 issue is 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 proposal supports Council obligations under the Resource Management Act 1991.

Mana Whakahono-ā-Rohe may impact all Council policies. These must be reviewed following the establishment of arrangements.

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.

Mana Whakahono-ā-Rohe has district wide relevance and will be rohe specific. Mana Whakahono-ā-Rohe was workshopped with combined Community Board’s on 11 September 2018

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.

Mana Whakahono-ā-Rohe will have positive implications for Māori as they seek to enhance their ability to contribute to decision-making for resource management issues.

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.

This proposal will affect iwi and hapū. The views of iwi and hapū have been taken into consideration through their contribution to the guidance provided by MfE, the communication by iwi and hapū about the arrangements with Council staff and existing relationship agreements.

State the financial implications and where budgetary provisions have been made to support this decision.

Budgetary provision has been provided for the administration of Memorandums of Understanding. As the process develops appropriate resourcing may be sought through the Long Term Plan and Annual Plan process.

Chief Financial Officer review.

This report will be sent to the CFO for review.

 

 


Ordinary Council Meeting Agenda

25 October 2018

 

7.5         District Transport Strategy

File Number:           A2215671

Author:                    Keith Kent, Transport Planner

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

 

Purpose of the Report

To agree a governance structure for the District Transport Strategy project.

Executive Summary

This report:

·        Provides background context to the initiation of a project to develop a District Transport Strategy

·        Seeks confirmation of the Elected Members to sit on the Project Board to provide strategic direction.

 

Recommendation

That the Council:

a)      Approves the proposed Project Governance Structure to guide and support the development of the District Transport Strategy

b)      Appoints one Councillor from each ward to the Project Board:

i)       Councillor ____________ as the Te Hiku ward representative

ii)      Councillor ____________ as the Bay of Islands-Whangaroa ward representative

iii)     Councillor ____________ as the Kaikohe-Hokianga ward representative

 

 

1) Background

During Long Term Plan 2018-2028 deliberations Council resolved to develop a District Transport Strategy, deferring funding for significant Kerikeri initiatives until the transport and roading needs of the entire district could be prioritised through an appropriate strategy.

Staff have commenced work on a project brief and are now at the point of confirming the governance structure which includes a Project Board that is accountable for the success of the project. The Project Board includes a group of “senior users” whose function is to represent the interests of stakeholders (i.e. Council and communities), help set expectations and objectives, and provide ongoing strategic direction for the duration of the project. Staff ask that Councillors be appointed to the senior user roles.

A brief status report was presented to the Infrastructure Network Committee following their meeting 27 September 2018 during which the governance structure was described. This has been attached to this report for reference as Attachment 1.

The proposed Project Governance Structure (page 13 of Attachment 1) follows the recommended form set out in Council’s adopted project management methodology PRINCE2. This methodology is considered to be international best practice. The proposed structure was tailored to suit FNDC’s  organisational structure and environment. Page 2 of Attachment 2 clearly defines the roles and responsibilities of all positions in the governance structure.

The Internal Reference Group will give Elected Members  not appointed as a senior user to provide feedback on project matters at all stages throughout the development of the project.

 

2) Discussion and Options

Option 1: Project governance structure with Elected Members appointed as Senior Users (preferred option)

Staff believe that since the role of the Senior User is to represent the interests of stakeholders and set strategic direction, it makes sense that Elected Members be invited to fill these roles, one from each ward. This approach recognises that the project is more likely to be successful if the project team has ready access to those who can speak on behalf of key stakeholders such as Elected Members and the communities they represent in the formation of effective strategy for our roading/transport network.

Once the governance structure for the project has been agreed, including appointment of Senior Users, an inaugural Project Board meeting will be convened to receive, debate and approve the Project Initiation Document. This will set out objectives, planned approaches to risk and quality management, communications, project controls and reporting, and scope, deliverables and timeline.

The project team, supported by Senior Users, will report back to Council on progress and direction as the strategy is being developed.

Option 2: Modified project governance structure with no Elected Member representation

This option would require a project governance structure of staff only and would necessitate a series of workshops with Elected Members to agree scope, strategic statements and outcomes. This would require a reasonably high number of Council workshops (minimum of one per month) which would have the effect of slowing the programme down and require significant time from Elected Members during a busy period during which Council will set it’s 2019/20 Annual Plan and prepare for the local body elections.

3) Financial Implications and Budgetary Provision

There are no financial implications associated with the adoption of the Project Governance Structure and appointment of Councillors as Senior Users..

The financial implications of the project itself will be better understood once the scope has been considered and confirmed by the Project Board

Attachments

1.       2018-10-25 Attachment 1 - DTS Status Report - A2216360

2.       2018-10-25 Attachment 2 - DTS Roles and Responsibilities - A2216370  

 

Compliance schedule:

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

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

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

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

c)      If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

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


 

 

Compliance requirement

Staff assessment

State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

Low. The report requests the appointment of Elected Members to the project governance structure. While a District Transport Strategy is of high significant, the intent of this report is not.

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

In relation to the Project:

GPS Land Transport, NLTP, RLTP, RPTP, LTP, AP, DP, AMP, TTNEAP, SDS RMA, LGA, All Council policies relating to transport and within scope.

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.

In relation to the Project:

This project has District wide relevance. The Community Board Chairs are included in the reference User Group as detailed in the Project Governance Diagram.

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.

In relation to the Project:

Implications for all ethnic groups will be considered by incorporation into the External Reference Group as detailed in the Project Governance Diagram.

The scope of the strategy will include reference to Hapu/Iwi Management Plans and Treaty Settlements

The Project Risk Register will also identify potential cultural issues to be taken into account, especially during public 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.

In relation to the Project:

The District Transport Strategy will affect all residents and visitors to the Far North. The composition of the Internal and External Reference Groups and the proposed public consultation will be formulated to ensure active participation by all in the development of the strategy.

State the financial implications and where budgetary provisions have been made to support this decision.

Nil

As stated in report section 3

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 


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Ordinary Council Meeting Agenda

25 October 2018

 

8            Corporate Services Group

8.1         Tauranga Bay Holiday Park Reserve Lease

File Number:           A2200849

Author:                    Rob Koops, Contractor - Property

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

 

Purpose of the Report

To obtain a resolution by Council in its role as administering body of the Tauranga Bay recreation reserve and its role as the delegate of the Minister of Conservation to grant and consent to a new lease of the Tauranga Bay recreation reserve to Wupi Investments Limited.

Executive Summary

·        The Tauranga Bay Holiday Park spans across three property titles, two being freehold and one being recreation reserve subject to the Reserves Act 1977.

·        At its meeting on 31 July 2018 the Infrastructure Network Committee passed the following resolution:


·        Agreement on the terms and conditions of a new lease have now been reached and a resolution by full Council in its role as administering body of the Tauranga Bay recreation reserve and its role as the delegate of the Minister of Conservation to grant and consent to a new lease of the Tauranga Bay recreation reserve is now required.

 

Recommendation

That Far North District Council:

a)      In its role as administering body of the Tauranga Bay recreation reserve and in its role as the delegate of the Minister of Conversation, subject to the provisions of the Reserves Act 1977, grants and consents to a new lease of the Tauranga Bay recreation reserve being Lot 1 DP 69081 and comprising approximately 3.8445ha of land contained in CFR N25A/1353 to Wupi Investments Limited and that the term of the lease shall be:

i)       Term: 21 years plus one Right of Renewal of 21 years

ii)      Area: Approximately 3.8445ha being Lot 1 DP 69081 and contained in CFR N25/1353 as highlighted blue on the aerial plan attached as Attachment 1.

iii)     Further Terms & Condition: on standard industry practise commercial terms, at market rent to be determined by valuation as per the draft lease attached as Attachment 2.

 

 

1) Background

Wupi Investment Ltd is planning a major upgrade and renewal of the improvements at Tauranga Bay Holiday Park, including those on the subject recreation reserve. To recoup the investment and to secure bank funding the lessee requested a further right of renewal of 21 years on the current lease which has 20 years to run.

To remove ambiguity over ownership and the responsibility for future maintenance and renewals of existing improvements and consistent with Council policy #5020 “Council Owned Campgrounds”, Council staff proposed to replace  the existing lease with a new ground lease.

In April 2018 Council resolved to commence public consultation and appointed the Bay of Islands-Whangaroa Community Board to hear submissions. This resulted in a recommendation to Council, which in turn resulted in the before mentioned resolution passed by the Network infrastructure Committee on 31 July 2018.

Agreement on the terms and conditions of the new lease has now been reached. A draft copy of the lease on both the freehold titles and the recreation reserve is attached as Attachment 2. A resolution by full Council in its role as administering body of the Tauranga Bay recreation reserve and its role as the delegate of the Minister of Conservation, subject to the provisions of the Reserves Act 1977,  to grant and consent to the new lease of the Tauranga Bay recreation reserve is now required before the lease can be executed.

2) Discussion and Options

Following Public Consultation and a positive recommendation by the Bay of Islands-Whangaroa Community Board, Council’s Network infrastructure Committee acting on behalf of Council in its capacity of the Local Authority has resolved to grant a lease on both freehold titles and the reserve land.

Full Council, in its role as the delegate of the Minister of Conservation and the administering body of the Tauranga Bay recreation reserve and, subject to the provisions of the Reserves Act 1977, is required to grant and consent to the new lease.

Reason for the recommendation

In order for Far North District Council to comply with its responsibilities in its role as the delegate of the Minister of Conservation and the administering body of the Tauranga Bay recreation reserve subject to the provisions of the Reserves Act 1977

3) Financial Implications and Budgetary Provision

None that relate to FNDC in its role as the delegate of the Minister of Conservation and the administering body of the Tauranga Bay recreation reserve.

Attachments

1.       Aerial plan Tauranga Bay Holiday Park - Document number - A2201145

2.       DRAFT Deed of Ground Lease Tauranga Bay Holiday Park - Document number - A2201110  


 

Compliance schedule:

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

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

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

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

c)      If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

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

 

Compliance requirement

Staff assessment

State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

Low

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

Reserves Act 1977

Camping Ground Regulations 1985

Policy # 5020 – Council Owned Campgrounds

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.

After considering submissions following Public consultation The Bay of Islands-Whangaroa Community Board recommended that Council Subject to S54 of the Reserves Act 1977 grants a lease on the Tauranga Bay recreation reserve to Wupi Investments Ltd.

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.

Iwi consultation formed part of the Public consultation Process. Te Runanga o te Whaingaroa were contacted directly at the start of the consultation period.  No submission has been received.

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.

Advertisements were placed in local newspapers and letters were sent to the ratepayers of Tauranga Bay, as many of the residences are holiday homes and the owners reside outside of the district.

State the financial implications and where budgetary provisions have been made to support this decision.

None.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Ordinary Council Meeting Agenda

25 October 2018

 

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8.2         Revised Procurement Policy

File Number:           A2195114

Author:                    Michelle Sharp, Manager - District Administration (Acting)

Authoriser:             Samantha Edmonds, General Manager - Corporate Services

 

Purpose of the Report

To recommend the revised Procurement Policy – Procuring Goods and Services be adopted by Council.

Executive Summary

·        The report discusses the revised Procurement Policy.

·        The Policy incorporates recommendations of the KPMG Audit of Procurement Practice 2017, local considerations and feedback from Elected Members.

·        Key elements of the revised Policy include proposed new financial thresholds which will be detailed in the Procurement Manual.

 

Recommendation

That Council adopts the revised FNDC Procurement Policy – Procuring Goods and Services.

 

1) Background

The current policy adopted by Council in 2016 was a culmination of the input of a working party which consisted of staff and elected members. 

This policy review is in line with the ongoing programme of work identified by the PMO and the recommendations from the KPMG Audit of Procurement Practices in late 2017.  Key Changes numbered 3, 8, 9 and 10 address specific KPMG audit recommendations in regards to policy and procedures.

An Elected Member workshop was held on Thursday 20th September 2018, including members of the Procurement Board, to explore the proposed changes to the Policy in the context of Buy Local / Localism. 

The proposed new financial thresholds were discussed, and how this would support low value suppliers’ panels.   This should enable clear line of sight for local suppliers to be involved in up to $8m of supplier contracts at reasonably little administrative cost to both parties.

There was general agreement around the proposed changes to the Policy at this workshop.

Councils standard procurement processes are based on financial thresholds, detailed in Councils Procurement Manual.

2) Discussion and Options

To give effect to the requirements of the parties concerned, the policy became a hybrid policy/manual.  In reviewing the policy, we propose to move the bulk of the information into the procurement manual (thus not losing those elements that are important and the principles behind how we carry out procurement) whilst making the policy fit-for-purpose and aligned to the look and feel of the current policy framework.

Any identified areas for improvement, either through audits or as we progress in our maturity, will be easily managed through changes to the manual, rather than having to amend the policy and have it re-adopted (although we will as required for a policy related change).

A first draft of the Procurement Manual has been completed and will be approved by SLT.

Key Changes

1.   The section entitled Exemptions now includes reference to procurements subject to NZTA subsidy funding as these are managed within the NTA procurement processes with the recommendation to approve suppliers / funding going straight to Council.  There is still work to be done to establish how procurement will work with the NTA and we envisage this will become clear as a result of the independent audit by LGNZ, requested by Councillor Court.

 

2.   Removed specific delegation thresholds and referred to them as being part of the Delegations Register or within the manual.  This includes financial thresholds for staff and delegations of the Infrastructure Network Committee.

 

3.   Amalgamated the Community Projects Procurement Policy into the revised policy under Exemptions.  The Community Projects Procurement Policy will be rescinded.

 

4.   Reduced the Principles of Procurement in the policy and moved most of it into the manual.

 

5.   Moved Annex A – Procurement Value Chain and TOR for Procurement Board into the manual.  The review of the Procurement Board is in progress and any changes will be reflected in the manual.

 

6.   Moved the Sustainability elements into the manual.

 

7.   Reduced the Documents and Legislation list to remove the references to Public Entities.  Referred to as best practice within the manual.

 

8.   Assessment of procurement risk and probity will be contained within the procurement plan template.   A probity checklist and a procurement risk matrix are under development.  The risk matrix will be aligned to Councils risk framework and completion of the matrix will produce a risk rating with high risk ratings being entered onto the corporate risk register so they can be monitored.

 

9.   Supplier vetting requirements will be contained within the manual and includes reference checking and financial due diligence checks.  For high value procurements, the financial diligence checks will be conducted by an independent third party.

 

10. An Approval of Contract Variation form is in development, along with a supplementary mandatory contract to be completed and approved within DFA.  Total cost of procurement is taken into account, separate to already approved contingency.

 

11. New financial thresholds are proposed - to be aligned to NZTA best practice, and detailed in the Councils Procurement Manual. A summary is provided below:

 

 

 

 

 

 

 

 

 

Current Financial Thresholds

 

Proposed New Financial Thresholds

 

Reason for the recommendation

The revised Procurement Policy contains the recommendations of the KPMG Audit of Procurement Practices and reflects local considerations.  It is now aligned with the format and content of other FNDC Policies

3) Financial Implications and Budgetary Provision

There are no direct budgetary implications arising from this Procurement Policy.

The main financial implications are around the introduction of enhanced procurement financial thresholds and the Delegated Financial Authority for their approvals.

Attachments

1.       Proposed Far North District Council Procurement Policy - A2198347

2.       #2104-16 Far North District Council Procurement Policy - Procuring Goods and Services - A2213494  


 

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 revised Procurement Policy has a low degree of significance

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

FNDC Procurement Policy 2104-16

Government Rules of Sourcing, Third Edition

Auditor General Procurement Guidelines

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.

Consultation was held with HWTM and Councillors at an Elected Member workshop on 20th September 2018.

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.

There are no implications for Maori, the revised Procurement Policy does not affect decision making around land or water.

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.

Consultation has been undertaken with SLT, business units and HWTM and Councillors

State the financial implications and where budgetary provisions have been made to support this decision.

There are no financial implications in giving effect to this policy

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Far North District Council Procurement Policy,Adopted:
Next review: July 2020
 

 

 

 

 

 


Background

As a spender of public money, the Far North District Council recognises its responsibility to ensure transparency and accountability in its spending.

The expenditure of public money has a significant impact on the local and domestic economy and the overall performance of Council. Procurement plays a vital role in the delivery of Council outcomes, and covers all the business processes associated with purchasing the goods, services and works that we use to run our business and deliver our public service objectives. 

This Policy provides procurement guidance to suppliers and Council staff to deliver the outcomes of its Long Term Plan (LTP).

 

Purpose and Scope

This policy and Council’s Procurement Manual outline the approach that the Council will take to planning, sourcing and managing its procurement.  The purpose of this policy is to achieve Council’s Procurement Objectives in a fair, transparent and accountable manner.

 

This policy applies to procurement activities undertaken by all temporary and permanent employees, consultants and contractors.

 

This policy is the responsibility of the General Manger – Corporate Services.

 

Our Procurement Objectives

Our procurement objectives are to:

·    Get the best results from our spending, including sustainable value-for-money over the lifetime of the goods, services and works that we buy

·    Raise performance standards through fair and effective management of our suppliers and service providers to get the best public services for the Far North District

·    Help Far North District businesses to grow capability and increase competitiveness by working with them to identify opportunities for innovation and continuous improvement in planning, decision making and ongoing contract management.

 

Exemptions

1.   Any procurement project partially or fully funded by NZTA is subject to the requirements of the NZTA Procurement Manual. The NZTA Procurement Manual Amendment 4, March 2018 takes precedence over the Far North District Council Procurement Policy for NZTA funded procurements.

2.   Unsolicited proposals (proposals not initiated by Council through normal procurement processes) are not normally subject to the Procurement Policy and are to be initially assessed by the Procurement Board. Further guidance on this is contained in the Procurement Manual.

 

3.   On occasion, an exemption to this policy may be required to comply with regulatory obligations.

 

4.   The following are not considered procurement activities and are not subject to this Procurement Policy:

·    Employing staff (excluding the engagement of contractors and consultants)

·    Investments, loans and guarantees

·    Gifts, donations and projects initiated by established grant funds

·    Statutory appointments

·    Ministerial appointments

·    Payment of approved professional fees.

 

Policies

Roles and Responsibilities

1.   All staff are responsible for applying the  Procurement Policy and procedures.  Failure to comply with policy and procedures may be considered misconduct under Council’s Code of Conduct and could result in disciplinary action.

 

2.   Council’s managers are responsible for:

·    managing their business unit’s purchasing requirements up to their respective Delegated Financial Authority limits

·    ensuring their staff apply Council’s Procurement Policy and procedures.

 

3.   The Project Management Office will assist with higher value, higher risk procurements on an as required basis.

 

4.   The roles and responsibilities of the Procurement Board are outlined in the Procurement Manual.

 

Principles of Procurement

5.   We will generally apply the Principles of Procurement and Government Rules of Sourcing when planning, sourcing and managing our procurement, as these set the standard for good practice. 

 

6.   The approach to procuring goods, services and works may vary depending on the value, complexity and risk involved. We will generally apply the approach best-suited to the individual purchase within the framework of the Principles and Rules, encouraging competitive tendering whenever possible.

 

7.   Council’s default procurement approach will be open and competitive. Should an open competitive market not exist, there is guidance around alternative procurement approaches contained in the Procurement Manual.

 

8.   Council will purchase from competitive suppliers where they offer best value for money. Council will seek to promote the Far North economy through providing full and fair opportunity to compete for Council business.

 

9.   Council will buy from the best source available, based on its own analysis of all costs, benefits, and overall value for money.

 

Local Economic Outcome

The Council will be a fair but demanding buyer who will purchase from competitive suppliers where they offer best value for money. The Council will seek to promote the Far North economy through providing full and fair opportunity to compete for Council business. This will be achieved by:

 

·      Ensuring local suppliers are included within invitations to tender and quote whenever practical

·      Publicly advertising tender opportunities when appropriate

·      Considering potential commercial and practical advantages in purchasing locally produced goods and services.

·      Considering local economic impact when planning major procurement activities and packaging work for contracts.

·      Ensuring that all future tender documents be worded in such a way as to enable a comparison between New Zealand and overseas produced goods, where relevant.

·      All open contestable procurement activity will be publicly notified so all potential suppliers have equal access. The procurement documentation that council provides the market will contain information which makes it clear what council is looking for by way of response, and evaluations will be undertaken in a manner that avoids bias.

·      When suppliers are equal on price and quality attributes, preference may be given to the local supplier where appropriate.

Thresholds

10. Council’s standard procurement processes are based on financial thresholds, detailed in Council’s Procurement Manual. 

Relevant Legislation, Policies and Procedures

Council Policies and Procedures

 

•     Procurement Manual

•     Code of Conduct – Elected Members

•     Code of Conduct – Employees

•     Disposal of Property, Plant and Equipment Policy 2119

•     Gifts or Rewards Policy

•     Delegations Manual

Legislation

Local Authorities (Members’ Interests) Act 1968

Local Government Act 2002

Local Government Official Information and Meetings Act 1987

Public Records Act 2005

Land Transport Management Act 2003                         

Waste Minimisation Act 2008

Construction Contracts Act 2002                                                 

Health & Safety in Employment Act 1992                            

Public Audit Act 2001

Commerce Act 1986                                                                     

Fair Trading Act 1986

Contractual Remedies Act 1979                                                   

Official Information Act 1982

 

Further Information

For more information on Council’s procurement, please contact the Project Management Office at mailto:projectoffice@fndc.govt.nz

WARNING: Printed versions may not be the latest version of this policy. Please refer to the electronic copy of the Procurement Policy for the latest version.


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8.3         Council Calendar of Meetings 2019

File Number:           A2209900

Author:                    Rhonda-May Whiu, Elected Member Administrator

Authoriser:             Samantha Edmonds, General Manager - Corporate Services

 

Purpose of the Report

To propose for adoption a calendar for Council and Committee meetings in 2019.

Executive Summary

·        Continuation of the bi-monthly meeting cycle for Council and Committee meetings as approved at the Council meeting on 28 February 2018.

 

Recommendation

That Council adopts the proposed schedule of Formal Far North District Council meetings for 2019 (A2216027).

 

1) Background

At the end of every year, Council sets the formal meeting calendar for the incoming year.

The 2019 formal meeting calendar up to September follows the same cycle as 2018 with formal meetings falling on the last week of each month on a rotation between Council (Thursday) and Committee Meetings (Wednesday and Thursday).

An additional Council meeting is required on the 15th of May for the Annual Plan Deliberations. Additional workshops on this topic may also be required.

The end of the triennium occurs towards the end of 2019 creating the need for one last Council meeting at the start of October.

2) Discussion and Options

Staff recommend that Council continue with the meeting patterns established at the meeting in February 2018.

The calendar proposed, blocks out 2 days every second month for committee meetings. This approach will give Council the flexibility if the frequency of committee meetings or committee structure changes. The remaining time on these days will be available for workshops to make the most efficient use of the time.

Two days per month (Feb – Sept) are set aside for workshops.

Adoption of the 2019 schedule at this point in 2018 will assist staff in planning work programmes and report deadlines, as well as elected members’ diary management.

Northland Regional meetings (e.g. workshops and mayoral forums) have been accounted for to avoid clashes.

As per the resolution establishing the current committee, a review workshop has been scheduled for 14 November to consider the committee structure and delegations. Members may choose to continue the current cycle and adopt the proposed schedule, or defer adopting a schedule and instead include in the workshop discussion the timetabling of committee meetings.

Reason for the recommendation

To adopt a Far North District Council formal meeting schedule for 2019.

3) Financial Implications and Budgetary Provision

There are no financial implications or budgetary provision required as a result of this report.

Attachments

1.       Draft 2019 Formal Meeting Calendar - A2216027  


 

Compliance schedule:

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

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

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

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

c)      If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

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

 

Compliance requirement

Staff assessment

State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

Low.

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

Local Government Act 2002

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 issue has District wide relevance.

Community Boards decide their own meeting schedule independent of 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.

No significance in regards to the relationship of Maori with land and/or any body of water.

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.

Operational priorities have contributed to the proposal, and the schedule reflects Council’s preference from 2018.

State the financial implications and where budgetary provisions have been made to support this decision.

As in report

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 



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Ordinary Council Meeting Agenda

25 October 2018

 

8.4         Appointment of Community Board Chairs to Council Committees

File Number:           A2216396

Author:                    George Swanepoel, In-House Counsel

Authoriser:             Samantha Edmonds, General Manager - Corporate Services

 

Purpose of the Report

To seek the revocation of the resolution of 28 February 2018: “That Council appoints the Community Board chairs to the Infrastructure Network Committee and Audit, Risk, Finance Committee with speaking but not voting rights.” and the reappointment of the community board chairs as either full members or as committee advisors.

Executive Summary

·        The resolution of 28 February 2018 appointing the community board chairs to the committees is inherently “ultra vires”.

·        This may affect the validity of future decisions made by the Infrastructure Network Committee and the Audit, Risk & Finance Committee.

·        Council needs to revoke the above resolution and either appoint the  Community Board chairs to the Infrastructure Network Committee and the Audit, Risk & Finance Committee with full participating rights or as committee advisors with speaking but no voting rights (i.e non-members and not part of the quorum).

 

Recommendation

That Council revokes the resolution of 28 February 2018: “That Council appoints the Community Board chairs to the Infrastructure Network Committee and Audit, Risk, Finance Committee with speaking but not voting rights” and:

a)      resolves to appoint the Community Board chairs to the Infrastructure Network Committee and the Audit, Risk & Finance Committee with full participating rights including voting rights.

Alternatively

b)      resolves to appoint the Community Board chairs as committee advisors to the Infrastructure Network Committee and the Audit, Risk & Finance Committee with speaking but no voting rights (i.e non-members and not part of the quorum).

 

 

1) Background

In February 2018, Council decided to establish a new committee structure.  Council decided to establish three committees, and appointed the (councillor) members of those committees.  The Council resolution establishing the new Council committee structure included the following clause: “That Council … appoints the community board chairs to the Infrastructure Committee and the Audit, Risk & Finance Committee with speaking but not voting rights.”

 

The resolution appointing the community board chairs to the committees is inherently “ultra vires”, because Council does not have the legislative authority in terms of the Local Government Act 2002 (“LGA02”) to limit the participation of those members in the business of the committees.

 

Although this matter was considered at Council’s 30 August meeting the full import of this was not made clear and it is vital that Council reconsiders the matter going forward as it may impact on the validity of the future decisions of the above committees. Standing order 7.8 makes it clear that a decision of the committee is not invalidated if:

following the decision some defect in the election or appointment process is discovered and/or the membership of a person on the committee at the time is found to have been ineligible.”

However once the matter has been brought to the attention of Council the above provision in the standing orders can no longer apply.

2) Discussion and Options

Relevant Legislation

Clauses 30 and 31of Schedule 7 of the LGA02 gives Council the power to appoint discharge and reconstitute committees. In relation to the appointment of persons who are not elected members of Council, clause 31(3) states:

The members of a committee or subcommittee may, but need not be, elected members of the local authority, and a local authority or committee may appoint to a committee or subcommittee a person who is not a member of the local authority or committee if, in the opinion of the local authority, that person has the skills, attributes, or knowledge that will assist the work of the committee or subcommittee.” 

There is nothing in the wording of clauses 30 or 31 that would suggest that the Council in appointing a member of a committee can in any way limit the participation of that member in the business of the committee. To the contrary the provisions of Schedule 7 are aimed at protecting the rights of members of a committee. For example:

1.   Clause 19(2)

·         “A member of a local authority, or of a committee of a local authority, has, unless lawfully excluded, the right to attend any meeting of the local authority or committee.”

2.   Clause 23(2)

·         “Business may not be transacted at any meeting unless at least a quorum of members is present during the whole of the time at which the business is transacted.”

3.   Clause 24(1)

·         “The acts of a local authority must be done, and the questions before the local authority must be decided, at a meeting by—

·         (a) vote; and

·         (b) the majority of members that are present and voting.”

Clause 23(1) does state that:

“A meeting is duly constituted if a quorum is present, whether or not all of the members are voting or entitled to vote.”

 

The Act does envisage circumstances where a member may not be entitled to vote, but that non-entitlement to vote is only something that could arise at a personal level on a specific occasion, such as a conflict of interest or a hearing panel member of a regulatory panel excludes him/herself in a particular subject and declares that interest and consequently decides not to discuss or vote on that particular matter. The exclusion cannot arise from the circumstances of the appointment of the member to the committee.

Council in constituting a committee or making appointments to a committee cannot exceed the statutory authority available to it. It is therefore not able to create a new category of “appointed committee members” lacking any of the rights and responsibilities inherent in that position.

Options

Clause 31(1) of Schedule7 allows Council to discharge any member of a committee.  Therefore Council should revoke the resolution of 28 February 2018: “That Council appoints the Community Board chairs to the Infrastructure Network Committee and Audit, Risk, Finance Committee with speaking but not voting rights.”

Option 1

Council can thereafter resolve to appoint the Community Board chairs to the Infrastructure Network Committee and the Audit, Risk & Finance Committee with full participating rights including voting rights.

This appointment would mean that Community Board chairs can be counted for the purposes of quorum at committee meetings and vote as fully participating members of those committees.  Whether they then choose to exercise that vote will be at each member’s discretion but cannot be dictated by Council.  When establishing committees the Council’s decisions were based on the intention that only councillors were counted. Council may wish to reconsider this.

Option 2

Council can resolve to appoint the Community Board chairs as committee advisors to the Infrastructure Network Committee and the Audit, Risk & Finance Committee with speaking but not voting rights (i.e. non-members and not part of the quorum).

This appointment would mean that the committees follow the same pattern for Community Board participation as Council. This will allow Community Board chairpersons to sit with councillors at committee meetings and participate in discussion, to ensure their constituents’ views are well represented, but with no impact on meeting quorum.

 

 

Reason for the recommendation

To regularise the membership of Council committees and enable councillors to clarify the role of community board chairs at committee meetings.

3) Financial Implications and Budgetary Provision

Nil

Attachments

Nil


 

Compliance schedule:

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

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

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

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

c)      If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

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

 

Compliance requirement

Staff assessment

State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

Low – relates to meeting processes (committee membership) for elected members.

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

Standing Orders

Local Government Act 2002 Schedule 7

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 issue will impact elected members and will be determined by their preferences.

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.

None

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.

Elected members and Community Board Chairs

State the financial implications and where budgetary provisions have been made to support this decision.

Nil

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


8.5         Adoption of the Annual Report for the year ended 30 June 2018

File Number:           A2232224

Author:                    Janice Smith, Chief Financial Officer

Authoriser:             Samantha Edmonds, General Manager - Corporate Services

 

Purpose of the Report

The purpose of the report is to present the Annual Report for the year ended 30 June 2018 for adoption.

Executive Summary

·        The purpose of the report is to present the Annual Report for the year ended 30 June 2018 for adoption.

 

Recommendation

That Council adopt the Annual Report for the year ended 30 June 2018 with any minor editorial changes arising as a result of audit.

 

 

1) Background

Audit New Zealand is appointed as the Far North District Council’s auditors by the Office of the Auditor General and its auditors were in house from 03 to 21 September 2018 to review and audit the Council’s accounts to the year ended 30 June 2018.

2) Discussion and Options

The Annual Report is presented separately for adoption. At the time of writing the report, Audit New Zealand has not given clearance for the issuance of the audit opinion. No major issues have been identified by the audit team at this time. It is anticipated that the opinion will be issued prior to the Council meeting and will be available on the day of the meeting.

Reason for the recommendation

Council is required under the Local Government Act 2002 to adopt an Annual Report prior to the 31st October each year.

3) Financial Implications and Budgetary Provision

There are no specific financial implications for this report

Attachments

Nil


 

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

N/A

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

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.

N/A

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.

N/A

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.

N/A

State the financial implications and where budgetary provisions have been made to support this decision.

N/A

Chief Financial Officer review.

This report has been prepared by the Chief Financial Officer

 

  


Ordinary Council Meeting Agenda

25 October 2018

 

9            Chief Executive Officer

9.1         Chief Executive Officer's Report - August September 2018

File Number:           A2219631

Author:                    Kaela Allison, Accounting Support Officer

Authoriser:             Shaun Clarke, Chief Executive Officer

 

Purpose of the Report

The purpose of the report is to present the Chief Executive Officer’s Report – August September 2018 for Council’s consideration.

Executive Summary

The Chief Executive Officer’s report is a summary of Council activities, presenting an overview across all activities that Council undertakes. We have placed emphasis on relevant issues and pressures Council is experiencing whilst meeting its objectives to the community.

Recommendation

That the Council receive the report Chief Executive Officer's Report - August September 2018.

 

 

Discussion and Next Steps

The Chief Executive Officer’s report is attached and covers a detailed overview of progress against Council’s activities. His Worship the Mayor and Councillors’ feedback is welcomed.

Reason for the recommendation

This report is for information only.

Financial Implications and Budgetary Provision

There are no financial implications or budgetary provision needed as a result of this report.

Attachments

1.       Chief Executive Officer's Report to Council - August September 2018 - A2219605  

 


Ordinary Council Meeting Agenda

25 October 2018

 

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 10    PUBLIC EXCLUDED 

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendation

That the public be excluded from the following parts of the proceedings of this meeting.

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

1.1 - Confirmation of Previous Minutes - Public Excluded

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

1.2 – Coopers Beach Christian Youth Camp Remission

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons. 

 

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

14.3 – Special resolution of the sole Shareholder of Far North Holdings Ltd (the Company) under sections 32(2), 107(2) abd 122 of the Companies Act 1993 (Act)

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege. 

 

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

1.4 – Urlich Family Trust v Far North District Council and Others                                                 

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege. 

 

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7                 

1.5 - Kerikeri Pavilion Project Update                          

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

 

 


Ordinary Council Meeting Agenda

25 October 2018

 

11          Meeting Close