AGENDA

 

 

Ordinary Council Meeting

 

Thursday, 13 December 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

Terry Greening - Chairperson Bay of Islands-Whangaroa Community Board

Mike Edmonds - Chairperson Kaikohe-Hokianga Community Board

Adele Gardner - Chairperson Te Hiku Community Board

 

 


Ordinary Council Meeting Agenda

13 December 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

Resident shareholder in Kerikeri Irrigation

 

 

Declare if issues arise.

Shareholder in Farmlands.

 

 

Declare if issues arise.

Employee – Northland District Health Board – Public Health Unit – Health Improvement Advisor

 

Am employee have no personal gain.

Declare employment should issues concerning the Northland DHB arises.

On property in Waipapa West Rd.

 

Possible issues relating to the street or zoning.

Declare when appropriate.

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    (Chairman)

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

13 December 2018

 

Far North District Council

Ordinary Council Meeting

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

Thursday 13 December 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          Infrastructure and Asset Management Group. 41

5.1            Cable Bay Recreation Reserve - Lease to Doubtless Bay Croquet Club Incorporated. 41

6          Strategic Planning and Policy Group. 48

6.1            2019/20 Annual Plan - Consultation Decision. 48

6.2            Memorial Hall Fees. 51

6.3            Amendments to Camping in Public Places Policy. 55

6.4            Notification of the Kerikeri Domain Reserve Management Plan. 70

6.5            District Plan Update. 107

6.6            District Strategy Work Plan. 109

6.7            Dog Management Policy and Bylaw 2018. 113

6.8            Alcohol Control Bylaw 2018 - Adoption. 158

          6.9         Iwi Governance Relationship (Supplementary Agenda)

7          Corporate Services Group. 196

7.1            Council's Directions Sought Regarding Consutations for Te Kao Water Scheme Loans  196

7.2            Exemption to be granted - Section 7 of the Local Government Act 2002 - Council Controlled Organisations. 210

7.3            Confirmation of Formal Meeting Calendar 2019. 214

7.4         The Incorporation and Shareholding in a Special Purpose Company Northland Adventure Experience Limited (Supplementary Agenda)

8          Chief Executive Officer. 229

8.1            Chinese Economic Development Visit report 229

8.2            CEO Report to Council: 1 October - 30 November 2018. 240

9          Information Reports. 282

9.1            Resident Opinion Survey 2017/2018. 282

10       Public Excluded. 376

11       Meeting Close. 377

 

 


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 - Andy Nock representing Far North Holdings Limited

10.10 am - Matthew Will representing Surf Lifesaving Nothern Region

10.15 am - Wade Rosewell representing Kerikeri Men’s Shed

10.20 am - Representative from Fire Emergency New Zealand

10.30 am  - Richard Dickenson representing Te Hiku Sports Club

 

 


Ordinary Council Meeting Agenda

13 December 2018

 

4            Confirmation of Previous Minutes

4.1         Confirmation of Previous Minutes

File Number:           A2266467

Author:                    Melissa Wood, 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 previous meetings.

 

Recommendation

That Council confirm the minutes of the:

a)         Council meeting held 25 October 2018 as a true and correct record

b)        Deliberations Council meeting held 27 November 2018 as a true and correct record

c)         Extraordinary Council meeting held on 28 November 2018 as a true and correct record

 

 

1) Background

Local Government Act 2002 Schedule 7 Section 28 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.       Unconfirmed Minutes - Council meeting - 25 October 2018 - A2238845

2.       Unconfirmed Minutes - Deliberation Council meeting - 27 November 2018 - A2279977

3.       Unconfirmed Minutes - Extraordinary Council meeting - 28 November 2018 - A2282300  


 

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

13 December 2018

 

   MINUTES OF Far North District Council
Ordinary Council Meeting
HELD AT THE Council Chamber, Memorial Avenue, Kaikohe
ON Thursday, 25 October 2018 AT 10:00 am

 

PRESENT:                   Mayor John Carter (HWTM), Cr Tania McInnes (Deputy Mayor), 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 (video-conference)

IN ATTENDANCE:               Mike Edmonds - Chairperson Kaikohe-Hokianga Community Board, Terry Greening - Chairperson Bay of Islands-Whangaroa Community Board, Adele Gardner - Chairperson Te Hiku Community Board, Rachel Smith - Member Bay of Islands-Whangaroa Community Board, Shaun Reilly - Member Kaikohe-Hokianga Community Board

STAFF PRESENT:     Shaun Clarke - Chief Executive Officer, Samantha Edmonds - General Manager - Corporate Services, Andy Finch - General Manager- Infrastructure & Asset Management, Dean Myburgh - General Manager - District Services, Darrell Sargent - General Manager - Strategic Planning & Policy, Jaime Dyhrberg - Executive Officer, George Swanepoel - In-House Counsel, Janice Smith - Chief Financial Officer, Glenn Rainham - Manager - Alliances, Richard Edmondson - Manager - Communications, Sheryl Gavin - Manager - Corporate Planning and Engagement, Greg Wilson - Manager - District Planning,  Michelle Sharpe - Manager - District Administration (Acting), Paul Carr - Manager - Infrastructure Project Delivery,  Andrew McPhee - Senior Policy Planner, Rachael Pull - Specialist Planner, Makarena Dalton - Policy Planner, Robert Willoughby - Community Development Advisor, Alice Astell - Property Legalisation Officer, Kate Barnes - Governance Support Team Leader, Kim Hammond - Meetings Administrator, Maryn Ashby - Meetings Administrator, Melissa Wood - Meetings Administrator

1            Prayer

2            Apologies and Declarations of Interest

Nil

3            Deputation

David Senior and Aya Morris representing Disability Action Group spoke regarding the updating of their strategic plan, building a relationship with elected members and development of an app for accessible tourism.

Kath Adams representing Oruru and Inland Valleys Association spoke regarding the deferral of work in the Long Term Plan for the Oruru Hall and delivered the deputation.

Dave Collins representing Kerikeri Squash Club spoke regarding the Kerikeri Squash Club and their preference for upgrade of the Domain.

Michelle Boag representing Māori Carbon Foundation spoke regarding the Māori Carbon Foundation.

Neil Cook representing Northland Transport Agency spoke regarding Road Maintenance and Renewals Contracts - Update.

 

At 10:50 a.m., Cr Tania McInnes left the meeting. At 10:50 a.m., Cr Tania McInnes returned to the meeting.

At 10:53 a.m., Cr Felicity Foy left the meeting. At 10:55 a.m., Cr Felicity Foy returned to the meeting.

At 10:55 a.m., Cr Dave Hookway left the meeting. At 10:56 a.m., Cr Dave Hookway returned to the meeting.

At 10:58 a.m., Cr Dave Hookway left the meeting. At 11:01 a.m., Cr Dave Hookway returned to the meeting.

At 11:03 a.m., Cr Dave Hookway left the meeting. At 11:06 a.m., Cr Dave Hookway returned to the meeting.

4            Confirmation of Previous Minutes

4.1         Confirmation of Previous Minutes

Resolution  2018/23

Moved:       Mayor John Carter

Seconded:  Cr Colin (Toss) Kitchen

That Council confirm the minutes of the Council meeting held 30 August 2018 are confirmed as a true and correct record, subject to the following amendments:

a)   Adele Gardner – Chairperson of Te Hiku Community Board, Mike Edmonds – Chairperson of the Kaikohe-Hokianga Community Board and Terry Greening – Chairperson of the Bay of Islands-Whangaroa Community Board, were in attendance of the Council meeting.

b)   Item 15 – Confirmation of Decisions and Information in Open meeting – ii Item 2.2 – Mayor/Elected Member Indemnity – Cr Foy and Vujcich requested their vote against the motion be recorded

.Carried

 

5 Strategic Planning and Policy Group

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

Resolution  2018/24

Moved:       Mayor John Carter

Seconded:  Cr Ann Court

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.

Carried

Cr Felicity Foy declared a conflict of interest in relation to this item

At 11:14 a.m., Cr Felicity Foy left the meeting. At 11:16 a.m., Cr Felicity Foy returned to the meeting.

At 11:27 a.m., Terry Greening left the meeting. At 11:28 a.m., Terry Greening returned to the meeting.

5            Mayoral Announcements

-     Adjourning of Beach Board

-     Maromaku Sports – Terry Greening provided an update

-     Staff shortage in rest homes

-     Coopers Beach – currently going through consent

-     Sportsville Kaikohe/Lindvart Park - Cr Vujcich provided an update

-     Mangonui Board Walk – Cr Kitchen provided an update

-     Tourism Grant – Cr McInnes provided an update

-     Paihia Liquor – His Worship the Mayor and Terry Greening meeting with those involved

-     Panguru flooding – work is currently being completed

-     Building permit processing – Dr Dean Myburgh provided an update to the online application and aligning of processes with other Councils

-     Opononi subdivision

-     Green Waste – Cr Macauley provided an update on the green waste project at Opononi/Omapere project that is up and running again, Communications have advertised this

-     Three Waters – Central Government has re-established the small subsidy for this scheme. His Worship the Mayor is working with Local Government New Zealand

-     Operation Floatation – launch was held at Coopers Beach

-     Majestic Princess – came into Paihia and was provided with a welcome at Waitangi

At 11:43 a.m., Cr Tania McInnes left the meeting. At 11:45 a.m., Cr Tania McInnes returned to the meeting.

At 11:46 a.m., Adele Gardner left the meeting. At 11:47 a.m., Adele Gardner returned to the meeting.

6            bay of islands-whangaroa community board

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

Resolution  2018/25

Moved:       Mayor John Carter

Seconded:  Cr Tania McInnes

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

Carried

Against:           Cr Dave Hookway

 At 11:59 a.m., Cr Ann Court left the meeting. At 12:02 p.m., Cr Ann Court returned to the meeting.

7            District Services group

6.1         Museum @ Te Ahu Collection Management Policy

Resolution  2018/26

Moved:       Mayor John Carter

Seconded:  Cr Colin (Toss) Kitchen

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

Carried

 

7            Strategic Planning and Policy group continued 

7.1         District Plan Update

Resolution  2018/27

Moved:       Cr Tania McInnes

Seconded:  Cr John Vujcich

That the Council receive the District Plan Update report.

Carried

Cr Felicity Foy declared a conflict of interest in relation to this item

At 12:04 p.m., Cr Felicity Foy left the meeting. At 12:05 p.m., Cr Felicity Foy returned to the meeting.


 

 

7.2         Adoption of the Lindvart Park Reserve Management Plan

motion  2018/28

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

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

Amendment

Moved:       Cr Dave Hookway

Seconded:  Cr Felicity Foy

That the Council, pursuant to its powers under section 41 of the Reserves Act 1977:

a) adopt the amended Lindvart Park Reserve Management Plan 2018

b) support the provision of drinking water fountains.

The amendment became the substantive motion

resolution

Moved:       Cr Dave Hookway

Seconded:  Cr Felicity Foy

That the Council, pursuant to its powers under section 41 of the Reserves Act 1977:

a) adopt the amended Lindvart Park Reserve Management Plan 2018

b) support the provision of drinking water fountains.

Carried

Cr Sally Macauley declared a conflict of interest in relation to this item

Cr Dave Hookway declared a conflict of interest in relation to this item

Attachments tabled at meeting

1     Northland District Health Board submission

 

Item - 7.3 Commissioner Recommendations on Submissions to Private Plan Change 22 - Inlet Estate Limited - has been moved to another part of the document.

 

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

Resolution  2018/29

Moved:       Cr Tania McInnes

Seconded:  Cr John Vujcich

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.

Carried

Against:      Cr Dave Hookway

Cr Felicity Foy declared a conflict of interest in relation to this item

 

The meeting was adjourned from 12:50 pm to 1:13 pm

 

7.5         District Transport Strategy

motion  2018/30

Moved:       Mayor John Carter

Seconded:  Cr Ann Court

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

Amendment

Moved:       Cr Ann Court

Seconded:  Cr Tania McInnes

That the Council:

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

b)      Appoints Councillors from each ward to the Project Board:

i)        Councillor Foy as the Te Hiku ward representative

ii)       Councillors Court and Hookway as the Bay of Islands-Whangaroa ward representatives

iii)      Councillor Vujcich as the Kaikohe-Hokianga ward representative

c)      Appoints the Mayor to the Project Board.

The amendment became the substantive motion

resolution

Moved:       Cr Ann Court

Seconded:  Cr Tania McInnes

That the Council:

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

b)      Appoints Councillors from each ward to the Project Board:

i)       Councillor Foy as the Te Hiku ward representative

ii)      Councillors Court and Hookway as the Bay of Islands-Whangaroa ward representatives

iii)     Councillor Vujcich as the Kaikohe-Hokianga ward representative

c)      Appoints the Mayor to the Project Board.

Carried

Against:           Cr Ann Court

 

8            notice of motion

              Notice of Motion - Councillor Foy

Motion  

Moved:       Cr Felicity Foy

Seconded:  Cr John Vujcich

That the Council undertake a rating review in time for the annual plan 2019/20. For the avoidance of doubt the annual plan 2019/20 preparation and deliberations should include a review of all aspects of rating.

In Favour:       Crs Felicity Foy, Dave Hookway, Mate Radich, John Vujcich and Kelly Stratford

Against:           HWTM John Carter, Tania McInnes, Ann Court, Colin (Toss) Kitchen and Sally Macauley

The Mayor used his casting vote and the motion was LOST

 

9            Corporate Services Group

8.1         Tauranga Park Holiday Park Reserve Lease

Resolution  2018/31

Moved:       Mayor John Carter

Seconded:  Cr Sally Macauley

That the 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.

Carried

 

8.2         Revised Procurement Policy

Resolution  2018/32

Moved:       Mayor John Carter

Seconded:  Cr Ann Court

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

Carried

 

8.3         Council Calendar of Meetings 2019

motion  2018/33

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

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

Amendment

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

That Council adopts the proposed schedule of Formal Far North District Council meetings for 2019 (A2216027) subject to any changes made at the workshop on 14 November 2018.

The amendment became the substantive motion

Resolution

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

That Council adopts the proposed schedule of Formal Far North District Council meetings for 2019 (A2216027) subject to any changes made at the workshop on 14 November 2018.

Carried

 

8.4         Appointment of Community Board Chairs to Council Committees

Resolution  2018/34

Moved:       Cr Colin (Toss) Kitchen

Seconded:  Cr John Vujcich

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.

In Favour:       Crs Felicity Foy, Dave Hookway, Colin (Toss) Kitchen, Sally Macauley, Mate Radich, John Vujcich and Kelly Stratford

Against:           Crs John Carter, Tania McInnes and Ann Court

Carried

 

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

Resolution  2018/35

Moved:       Cr John Vujcich

Seconded:  Cr Colin (Toss) Kitchen

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

Carried

Attachments tabled at meeting

1     Page Changes to the Annual Report and Independent Auditors Report

 

10          Chief Executive Officer

9.1         Chief Executive Officer's Report - August September 2018

Resolution  2018/36

Moved:       Cr John Vujcich

Seconded:  Cr Mate Radich

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

Carried

At 2:32 p.m., Mayor John Carter left the meeting, Deputy Mayor McInnes took the Chair. At 2:33 p.m., Mayor John Carter returned to the meeting.

At 2:41 p.m., Cr Mate Radich left the meeting.

11          Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2018/37

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

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

a)   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

1.3 - Special resolution of the sole shareholder of Far North Holdings Ltd (the Company) under sections 32(2), 107(2) and 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

Against:           Cr Dave Hookway – Kerikeri Pavilion Project Update being presented during the Public Excluded section of this meeting

Ann Court requested her concerns be noted in regards to the Kerikeri Pavilion

 

b)   That Andy Nock – Far North Holdings Limited be permitted to remain at this meeting to present a presentation after the public has been excluded, because of his knowledge as the Chief Executive Officer of Far North Holdings Limited which will be of assistance to the matter to be discussed.

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

Carried

At 2:45 p.m., Cr Mate Radich returned to the meeting.

At 2:47 p.m., Cr Tania McInnes left the meeting.

Resolution  2018/38

Moved:       Mayor John Carter

Seconded:  Cr Sally Macauley

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.

Item 1.3 Special Resolution of the Sole Shareholder of Far North Holdings LTD (The Company) Under Sections 32(2), 107(2) and 122 of the Companies Act 1993 (Act)

Resolution  2018/39

Moved:       Mayor John Carter

Seconded:  Cr Mate Radich

That Council:

a)         Resolve to amend the Constitution of the Company (FNHL) to allow the issuance of non-participating redeemable preference shares as follows:

Delete existing clause 7.1 and replacing it with the following:

            7.1  Subject to the prior approval of the Shareholders by ordinary resolution or by agreement of all entitled persons under section 107(2) of the Act, the Board may issue shares at any time, to any person and in any number it thinks fit, which:

7.1.1 rank equally with, or in priority to, existing Shares;

7.1.2 have deferred, preferred or other special rights or restrictions, whether as to voting, distributions or otherwise;

7.1.3 confer special, limited or conditional voting rights;

7.1.4 do not confer voting rights; or

7.1.5 are redeemable at the option of the holder or the Company in accordance with section 68 of the Act, and any such action will not be treated as affecting the rights attached to existing shares.”

Insert new clauses 7.3 and 7.4:

“7.3    Power to redeem

           (a)   The Company may redeem any share which is issued as redeemable     (pursuant to the terms of issue and in accordance with the Act).

(b)   Subject to the terms of any issue, section 71 and consent in writing from all shareholders, where redeemable shares may be redeemed at the option of the Company the Company need not exercise the option for all holders  of such shares but may exercise such option in relation to one or more of such holders.

7.4      Shares that are redeemed by the Company are deemed to be cancelled immediately on redemption.

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

 

Tabled Documents

Resolution  2018/40

Moved:       Mayor John Carter

Seconded:  Cr Felicity Foy

That the Council notes the additional papers:

a)   Speaking notes from Kath Adams - Oruru and Inland Valleys Association Incorporated

b)   Business Plan for Oruru and Inland Valleys Association Incorporated

c)   Petition - Help get Swamp Palace Oruru Community Hall re-opened

d)   Speaking notes from Dave Collins - Kerikeri Squash Club

e)   Northland District Health Board - Submission to the Far North District Council on Consultation Document for the Long Term Plan 2018 - 2028

f)    Page changes to the Annual Report

Carried

 

12          Meeting Close

The meeting closed at 4:09 pm.

 

The minutes of this meeting will be confirmed at the Ordinary Council meeting to be held on 13 December 2018.

 

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

CHAIRPERSON


Ordinary Council Meeting Agenda

13 December 2018

 

   MINUTES OF Far North District Council
Ordinary Council Meeting
HELD AT THE
Council Chamber, Memorial Avenue, Kaikohe
ON
Tuesday, 27 November 2018 AT 10.00 am

 

PRESENT:                   Mayor John Carter (HWTM), Cr Tania McInnes (Deputy Mayor), 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,

IN ATTENDANCE:     Adele Gardner – Chairperson Te Hiku Community Board, Terry Greening – Chairperson – Bay of Islands-Whangaroa Community Board

STAFF PRESENT:     Shaun Clarke (Chief Executive Officer), Darren Edwards (Acting General Manager - District Services), Darrell Sargent (General Manager – Strategic Planning and Policy), Sheryl Gavin (Manager – Corporate Planning and Engagement), Roger Ackers (Manager – Strategy Development), Richard Edmondson (Manager – Communications), George Swanepoel (In-House Counsel), Kate Barnes (Governance Support Team Leader), Carla Ditchfield-Hunia (Legal Services Officer),  Emma Pilkington (Senior Policy Advisor), Laura Atiga-Denham (Research Analyst), Siân Smith (Strategy and Policy Specialist), Kim Hammond (Meetings Administrator)

1            Prayer

2            Apologies and Declarations of Interest

Cr Tania McInnes noted an interest in relation to item 5.1, due to being a Northland Conservation Board Member.

 

3            Deputation

Nil

4            Confirmation of Previous Minutes

4.1         Confirmation of Previous Minutes

Resolution  2018/41

Moved:       Mayor John Carter

Seconded:  Cr Kelly Stratford

That Council confirm the minutes of the meeting held on 15 November 2018 are a true and correct record subject to the following amendment:

i) Member Terry Greening did not attend the Deliberations for the Dog Management Policy and Bylaw meeting on 15 November 2018

Carried

 

Additional Information

Resolution  2018/42

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

That Council notes the additional information tabled at the meeting:

1. Questions and answers – 6 November Discussion

2. Maps – Off Leash Areas only

3. Maps of each Off Leash Areas/Designated Dog Exercise Areas

4. Overview Map of District of Limitation on Number of Dogs

5. Additional Information for Deliberations – 27 November 2018

6. Maps – Off Lease Areas Only – Proposed Rules for Beaches

Carried

 

 

5            Strategic Planning and Policy Group

5.1         Dog Management Policy and Bylaw 2018 Deliberations

Resolution  2018/43

Moved:       Mayor John Carter

Seconded:  Cr Dave Hookway

The motion from the 15 November 2018:

That the Council agree to amend the proposed Dog Management Policy and Bylaw as follows:

Deliberation Topic 1: Off-leash and Exercise Areas

1a)    Remove the following from off-leash areas (district wide access rules would apply           instead):

                   Kaikohe – Next to Kaikohe Cemetery (eastern side), 5414 State Highway 12

                   Kaitaia – 38 Empire Street, (at the end of Empire Street next to Awanui River)

                   Kerikeri – 391 Wiroa Road (behind crematorium)

1b)    Add the following as off-leash areas:

                   Waitotara Reserve, Kerikeri

                   Sammaree Place, Kerikeri

Amendment

Moved:       Cr Kelly Stratford

Seconded:  Mayor John Carter

That Council designates as off-leash areas the sites in Table 1.1: Proposed Off-Leash Areas in

Attachment 2 “Topics, Options and Recommendations – Dog Management Policy and Bylaw Deliberations”.

          CARRIED

1c) Investigate the following areas as potential off-leash or designated dog exercise areas:

Section of playground off Matthews Ave, Kaitaia

Undeveloped land behind netball courts, Kerikeri

Fenced area on Council land near sportsgrounds, Russell

Taupo Bay – reserve area near the cul-de-sac at the end of Marlin Drive

Land near Opononi Refuse Centre / Opononi Bowling Club

Reserves at Watea in Haruru Falls

1d)    And that the Council agree to initiate a future work programme to investigate                    appropriate off-leash or potential designated dog exercise areas.

Deliberation Topic 2: District-wide access to public places (excludes beaches)

2a) Add a new district-wide access rule that requires Council to consider off-leash and/or dog exercise provisions when developing reserve management plans.

Deliberation Topic 3: Dog access on Beaches

3a) Change the default district-wide access rule for beaches from the proposed on-leash from 1 December to 31 March from 9am to 6pm to off-leash all year unless otherwise specified in the policy. 

3b) Principle agreement that dogs be prohibited all year from beaches identified as Special Character because of their cultural value.

3c) Principle agreement that dogs be prohibited all year from beaches identified as Special Character because of their high conservation value.

3d) Principle agreement that beaches identified as a shorebird nesting sites be designated on-leash between 1 October and 31 March. 

3e) Principle agreement that beaches identified as popular destinations be designated as prohibited for a time range on each day during a summer date range and including all public holidays. Deliberations on the specific date and time ranges are the subject of Deliberation Topic 4

Deliberation Topic 4: Summer Date and Time Rule for Dog Access on Beaches

4a) The summer date and time range be specified as 15 December to 28 February (including public holidays), 10am to 5pm.

Deliberation Topic 5: Limitations on Number of Dogs

5a) The limitation on the number of dogs per premise be removed, and the Dog Control Act and other Bylaw provisions used to achieve the objectives of the Dog Management Policy as outlined.

Deliberation Topic 6: Responsible Dog Ownership

6a) Include a policy statement that Council will promote responsible dog ownership as part of the implementation of the Dog Management Policy and Bylaw.

Deliberation Topic 7: Resourcing Implementation

7a) That Council consider the allocation of budget and the setting of fees to support the implementation of the Policy and Bylaw as part of the annual planning process for 2019/20 and following years.”

be uplifted from the table.

Carried

AMENDMENT

Moved:       Cr Kelly Stratford

Seconded:  Cr Dave Hookway

That Council amend the Proposed Dog Management Policy to identify the old landfill area at Lindvart Park, Kaikohe as an off-leash area.

CARRIED

Amendment

Moved:       Cr Kelly Stratford

Seconded:  Cr Dave Hookway

That the Council amend the Proposed Dog Management Policy to identify the Opua-Paihia coastal walkway as off-leash before 10 am and after 5 pm.

Carried

Amendment

Moved:       Cr Dave Hookway

Seconded:  Cr Kelly Stratford

That the Council amend the Proposed Dog Management Policy to identify Waipapa Domain as an off-leash area, when not being used for sport or recreation purpose.

Carried

Cr Court requested her vote against this motion be recorded

Noted that discussion with administering body will be required.

Deliberation Topic 2: District-wide access to public places (excludes beaches)

2a)    Add a new district-wide access rule that requires Council to consider off-leash and/or      dog exercise provisions when developing reserve management plans

Amendment

Moved:       Cr Ann Court

Seconded:  Cr Kelly Stratford

2b)    Dogs are allowed off leash on district sportsgrounds subject to agreement with the           administering body.

Carried

Amendment

Moved:       Cr Felicity Foy

Seconded:  Cr Dave Hookway

That community boards, in consultation with their communities, investigate the options for fencing playgrounds in order in enable parks to be off leash areas.

                                                                                                                                                Carried

Deliberation Topic 3: Dog access on beaches

Amendment

Moved:       Cr Kelly Stratford

Seconded:  Cr Dave Hookway

That the issue of dog restrictions for the following beaches, that were not in the original consultation document, lie on the table pending further consultation.

-     Butterfly Bay

-     Donkey Bay

-     Long Beach

-     Matauri Bay

-     Pipiroa Bay

-     Purerua Peninsula

-     Skudders Beach and Wetlands

-     Taipa Beach

-     Tapuaetahi Beach

-     Tokerau Beach

Carried

That the district wide default rule applies at all beaches, except the following:

Amendment

Moved:       Cr Felicity Foy

Seconded:  Cr Tania McInnes

Ahipara – until further consultation with the community on conservation protection, dogs must be on leash during 15 December – 31 January between 10 am – 5 pm.

Carried

Amendment

Moved:       Cr Felicity Foy

Seconded:  Cr Tania McInnes

Cable Bay and Coopers Beach – until further consultation with the community on conservation protection, dogs must be on leash during 15 December – 31 January between 10 am – 5 pm.

Carried

Amendment

Moved:       Cr Dave Hookway

Seconded:  Cr Colin (Toss) Kitchen

Hihi Beachuntil further consultation with the community on conservation protection, dogs must be on leash during 15 December – 31 January between 10 am – 5 pm..

Carried

Amendment

Moved:       Cr Tania McInnes

Seconded:  Cr Dave Hookway

Mahinepua –  dogs must be on leash between 15 December – 31 January between 10 am – 5 pm.

Carried

Amendment

Moved:       Cr Tania McInnes

Seconded:  Cr Kelly Stratford

Paihia Beachdogs must be on leash between 15 December – 31 January between 10 am – 5 pm.

Carried

Amendment

Moved:       Cr Tania McInnes

Seconded:  Cr Dave Hookway

Russell Beachdogs must be on leash between 15 December – 31 January between 10 am – 5 pm.

Carried

Amendment

Moved:       Cr Tania McInnes

Seconded:  Cr Kelly Stratford

Tapeka Point Beach – public space to the south of the stream dogs must be on leash between 15 December – 31 January between 10 am – 5 pm..

Carried

Amendment

Moved:       Cr Ann Court

Seconded:  Cr Dave Hookway

Taupo Bay – dogs are prohibited from the southern Marlin Drive beach entrance to the bluff all year round, and may be of leash from north of the Marlin Drive beach entrance towards the boat ramp, except from 15 December – 31 January between 10 am – 5 pm, when dogs must be on leash.

Carried

Amendment

Moved:       Cr Dave Hookway

Seconded:  Cr Sally Macauley

Tauranga Bay - dogs are prohibited east of tractor access point towards the sandspit, and west of the tractor access towards the campground is off leash except for 15 December – 31 January between 10 am – 5 pm when dogs must be on leash.

Carried

Amendment

Moved:       Cr Tania McInnes

Seconded:  Cr Sally Macauley

Te Haumi – dogs are prohibited from the public toilets to the bridge, but the rest of the beach is off leash except for 15 December – 31 January between 10 am – 5 pm when dogs must be on leash .

Carried

Amendment

Moved:       Cr Tania McInnes

Seconded:  Cr Kelly Stratford

Te Tii Beach – area from the roundabout to the bluff to be off leash other than from 15 December – 31 January between 10 am – 5 pm, when dogs must be on leash..

Carried

Amendment

Moved:       Cr Dave Hookway

Seconded:  Cr Sally Macauley

Te Tii Beach – area from roundabout towards Waitangi and along the beach behind Te Tii Marae to be on leash all year round.

In Favour:       Crs Felicity Foy, Dave Hookway and Sally Macauley

Against:           Crs John Carter, Tania McInnes, Ann Court, Colin (Toss) Kitchen, Mate Radich, John Vujcich, Kelly Stratford

                        lost 3/7

Amendment

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

That Waitangi Beach – retain the proposed all year prohibition..

CarrieD

Deliberation Topic 4: Summer Date and Time Rule for Dog Access on Beaches

Amendment

Moved:       Cr Felicity Foy

Seconded:  Cr Kelly Stratford

4a) The summer date and time range be 15 December to 31 January (including public holidays), 10am to 5pm.

CARRIED

Deliberation Topic 5: Limitations on Number of Dogs

Moved:       Mayor John Carter

Seconded:  Cr Colin (Toss) Kitchen

5a)    Remove the limitation on the number of dogs per premise, and the Dog Control Act         and other Bylaw provisions used to achieve the objectives of the Dog Management        Policy as outlined.

CARRIED

At 11:57 a.m., Cr Kelly Stratford left the meeting. At 11:59 a.m., Cr Kelly Stratford returned to the meeting.

 

Deliberation Topic 6: Responsible Dog Ownership

Moved:       Mayor John Carter

Seconded:  Cr Kelly Stratford

6a)    Add a policy statement that Council will promote responsible dog ownership as part of     the implementation of the Dog Management Policy and Bylaw.

CARRIED

Deliberation Topic 7: Resourcing Implementation

Moved:       Mayor John Carter

Seconded:  Cr Dave Hookway

7a)    That Council consider the allocation of budget and the setting of fees to support the         implementation of the Policy and Bylaw as part of the annual planning process for   2019/20 and following years.

CARRIED

 

Moved:       Mayor John Carter

Seconded:  Cr Ann Court

That all parks in the district are deemed off leash areas unless otherwise specified;

And that all public footpaths and roads are deemed on leash areas.

CARRIED

Moved:       Cr Ann Court

Seconded:  Cr Colin (Toss) Kitchen

Amendment

The area at Tauranga Bay proposed for all year prohibition instead be designated on leash all year, except between 15 December – 31 January between 10 am – 5 pm are prohibited.

CARRIED

Amendment

Moved:       Cr Kelly Stratford

Seconded:  Cr Felicity Foy

That Opua-Paihia Coastal Walkway to be off leash at all times.

In Favour:       Crs John Carter, Felicity Foy, Dave Hookway, Colin (Toss) Kitchen, Sally Macauley, Mate Radich, John Vujcich, Kelly Stratford

Against:           Crs Tania McInnes and Ann Court

Carried

The substantive motion was put by the Mayor:

That the Council agree to amend the proposed Dog Management Policy and Bylaw as follows:

1a)    Remove the following from off-leash areas (district wide access rules would apply         instead):

                   Kaikohe – Next to Kaikohe Cemetery (eastern side), 5414 State Highway 12

                   Kaitaia – 38 Empire Street, (at the end of Empire Street next to Awanui River)

                   Kerikeri – 391 Wiroa Road (behind crematorium)

1b)    Add the following as off-leash areas:

                   Waitotara Reserve, Kerikeri

                   Sammaree Place, Kerikeri

That Council designates as off-leash areas the sites in Table 1.1: Proposed Off-Leash Areas in Attachment 2 “Topics, Options and Recommendations – Dog Management Policy and Bylaw Deliberations”.

1c) Investigate the following areas as potential off-leash or designated dog exercise areas:

Section of playground off Matthews Ave, Kaitaia

Undeveloped land behind netball courts, Kerikeri

Fenced area on Council land near sportsgrounds, Russell

Taupo Bay – reserve area near the cul-de-sac at the end of Marlin Drive

Land near Opononi Refuse Centre / Opononi Bowling Club

Reserves at Watea in Haruru Falls

1d)    And that the Council agree to initiate a future work programme to investigate                  appropriate off-leash or potential designated dog exercise areas.

Deliberation Topic 2: District-wide access to public places (excludes beaches)

2a) Add a new district-wide access rule that requires Council to consider off-leash and/or dog exercise provisions when developing reserve management plans.

2b)    Dogs are allowed off leash on district sportsgrounds subject to agreement with the           administering body.

That Council amend the Proposed Dog Management Policy to identify the old landfill area at Lindvart Park, Kaikohe as an off-leash area.

That the Council amend the Proposed Dog Management Policy to identify the Opua-Paihia coastal walkway as off-leash at all times.

That the Council amend the Proposed Dog Management Policy to identify Waipapa Domain as an off-leash area, when not being used for sport or recreation purpose.

That community boards, in consultation with their communities, investigate the options for fencing playgrounds in order in enable parks to be off leash areas.

Deliberation Topic 3: Dog access on Beaches

That the issue of dog restrictions for the following beaches, that were not in the original consultation document, lie on the table pending further consultation.

-     Butterfly Bay

-     Donkey Bay

-     Long Beach

-     Matauri Bay

-     Pipiroa Bay

-     Purerua Peninsula

-     Skudders Beach and Wetlands

-     Taipa Beach

-     Tapuaetahi Beach

-     Tokerau Beach

That the district wide default rule applies at all beaches, except the following:

Ahipara – until further consultation with the community on conservation protection, dogs must be on leash during 15 December – 31 January between 10 am – 5 pm.

Cable Bay and Coopers Beach – until further consultation with the community on conservation protection, dogs must be on leash during 15 December – 31 January between 10 am – 5 pm.

Hihi Beachuntil further consultation with the community on conservation protection, dogs must be on leash during 15 December – 31 January between 10 am – 5 pm..

Mahinepua –  dogs must be on leash between 15 December – 31 January between 10 am – 5 pm.

Paihia Beachdogs must be on leash between 15 December – 31 January between 10 am – 5 pm.

Russell Beachdogs must be on leash between 15 December – 31 January between 10 am – 5 pm.

Tapeka Point Beach – public space to the south of the stream dogs must be on leash between 15 December – 31 January between 10 am – 5 pm.

Taupo Bay – dogs are prohibited from the southern Marlin Drive beach entrance to the bluff all year round, and may be of leash from north of the Marlin Drive beach entrance towards the boat ramp, except from 15 December – 31 January between 10 am – 5 pm, when dogs must be on leash.

Tauranga Bay - east of tractor access point towards the sandspit be designated on leash all year, except between 15 December – 31 January between 10 am – 5 pm are prohibited; and west of the tractor access towards the campground is off leash except for 15 December – 31 January between 10 am – 5 pm when dogs must be on leash.

Te Tii Beach – area from the roundabout to the bluff to be off leash other than from 15 December – 31 January between 10 am – 5 pm, when dogs must be on leash.

Te Haumi – dogs are prohibited from the public toilets to the bridge, but the rest of the beach is off leash except for 15 December – 31 January between 10 am – 5 pm when dogs must be on leash .

Waitangi Beach  retain the proposed all year prohibition.

Deliberation Topic 4: Summer Date and Time Rule for Dog Access on Beaches

4a) The summer date and time range be 15 December to 31 January (including public holidays), 10am to 5pm.

Deliberation Topic 5: Limitations on Number of Dogs

5a)    Remove the limitation on the number of dogs per premise, and the Dog Control Act       and other Bylaw provisions used to achieve the objectives of the Dog Management Policy as outlined.

Deliberation Topic 6: Responsible Dog Ownership

6a)    Add a policy statement that Council will promote responsible dog ownership as part of          the implementation of the Dog Management Policy and Bylaw.

Deliberation Topic 7: Resourcing Implementation

7a)    That Council consider the allocation of budget and the setting of fees to support the           implementation of the Policy and Bylaw as part of the annual planning process for         2019/20 and following years.

That all parks in the district are deemed off leash areas unless otherwise specified;

And that all public footpaths and roads are deemed on leash areas.

CARRIED

 

 

 

5.2         Alcohol Control Bylaw 2018 Deliberations

Cr Dave Hookway declared in a previous role for the District Health Board and work around alcohol and drugs.

Councillors Kitchen and Macauley noted their mebership of the Northland District Health Board.

Resolution  2018/44

Moved:       Mayor John Carter

Seconded:  Cr Mate Radich

That the Council:

a)      Receives the Police Report in Attachment 1 and public submissions in Attachment 2.

b)      Agrees to continue the process of adopting the Proposed Alcohol Control Bylaw to replace the expiring Public Places Liquor Control Bylaw. 

c)      Approves all proposed individual alcohol control areas as contained in Attachment 3 for a final resolution at the December Council meeting, including to:

          i) Amend the alcohol control areas at Lily Pond and Tokerau Beach to apply 24 hours, seven days a week between 1 December and 31 January, and

          ii) Amend the alcohol control area at Pukenui to include the wharf and amend the control time to apply 24 hours, seven days a week all year round.

Amendment

Moved:       Cr Kelly Stratford

Seconded:  Cr John Vujcich

That retain the existing bylaw map for Moerewa in the Public Places Liquor Control Bylaw 2003

          CARRIED

d)      Confirms that the Proposed Alcohol Control Bylaw contained in Attachment 3 be    presented to Council for a final resolution at the 13 December 2018 Council meeting.

 

Note: That staff investigate options for alcohol restrictions around Cable Bay park and foreshore and report back at the Ordinary Council meeting on 13 December 2018

The substantive motion was put by the Mayor:

That the Council:

a)      receives the Police Report in Attachment 1 and public submissions in Attachment 2.

b)      agrees to continue the process of adopting the Proposed Alcohol Control Bylaw to replace the expiring Public Places Liquor Control Bylaw. 

c)      approves all proposed individual alcohol control areas as contained in Attachment 3 for a final resolution at the December Council meeting, including to:

          i) Amend the alcohol control areas at Lily Pond and Tokerau Beach to apply 24 hours, seven days a week between 1 December and 31 January, and

          ii) Amend the alcohol control area at Pukenui to include the wharf and amend the control time to apply 24 hours, seven days a week all year round.

retain the existing bylaw map for Moerewa in the Public Places Liquor Control Bylaw 2003;

d)      confirms that the Proposed Alcohol Control Bylaw contained in Attachment 3 be presented to Council for a final resolution at the 13 December 2018 Council meeting.

Carried

At 1:16 p.m., Cr Ann Court left the meeting.

 

6            Meeting Close

The meeting closed at 1.22 pm.

 

The minutes of this meeting will be confirmed at the Ordinary Council Meeting to be held on 13 December 2018.

 

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

CHAIRPERSON


Ordinary Council Meeting Agenda

13 December 2018

 

   MINUTES OF Far North District Council
Extraordinary Council Meeting
HELD AT THE
Banquet Room, Te Ahu, Kaitaia
ON
Wednesday, 28 November 2018 AT 12.30 pm

 

PRESENT:                   Mayor John Carter (HWTM), Cr Tania McInnes (Deputy Mayor), Cr Ann Court, Cr Felicity Foy, Cr Colin (Toss) Kitchen, Cr Mate Radich, Cr John Vujcich, Cr Kelly Stratford, Terry Greening, Mike Edmonds, Adele Gardner

STAFF PRESENT:     Shaun Clarke (Chief Executive Officer), Samantha Edmonds (General Manager - Corporate Services), Andy Finch (General Manager- Infrastructure & Asset Management), Darrell Sargent (General Manager - Strategic Planning & Policy), Jaime Dyhrberg (Executive Officer), Glenn Rainham (Manager – Alliances), Kate Barnes (Governance Support Team Leader), Kim Hammond (Meetings Administrator), Maryn Ashby (Meetings Administrator)

1            Prayer

2            Apologies and Declarations of Interest

Resolution  2018/45

Moved:       Cr Colin (Toss) Kitchen

Seconded:  Mayor John Carter

That apologies from Cr Dave Hookway and Cr Sally Macauley be received and accepted.

Carried

 

3            Deputation

Nil

4            Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2018/46

Moved:       Mayor John Carter

Seconded:  Cr Tania McInnes

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

4.1 - Delivery of Council's Road Safety Education Programme from July 2018 to June 2021 by Far North REAP

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

 

5            Confirmation of Decisions and Information in Open Meeting

Resolution  2018/47

Moved:       Mayor John Carter

Seconded:  Cr Mate Radich

That Council

a)   confirms that that information contained in the part of the meeting held with the public excluded will not be restated in public meeting

b)   following decisions contained in the part of the meeting hels with the publi excluded are to be restede in public meeting

Item 4.1 DELIVERY OF COUNCILS ROAD SAFETY EDUCATION PROGRAMME FROM JULY 2018 TO JUNE 2021 BY FAR NORTH REAP

Resolution  2018/48

Moved:      Mayor John Carter

Seconded:          Cr Ann Court

That the Council:

a)          approves the direct appointment of Far North REAP to deliver the Far North District Council’s Road Safety Education Programme from July 2018 to December 2019

b)   delegates to the Chief Executive Officer to sign the contract with Far North REAP and ensure KPI’s are attached to the contract

c)          requests that Far North REAP report on progress against KPI’s to the Infrastructure Network Committee every four months

d)   requests the delivery of the Council road safety programme be reviewed before December 2019  

Carried

6            Meeting Close

The meeting closed at 12.51.

 

The minutes of this meeting will be confirmed at the Council meeting to be held on 13 December 2018.

 

 

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

CHAIRPERSON

 


Ordinary Council Meeting Agenda

13 December 2018

 

5            Infrastructure and Asset Management Group

5.1         Cable Bay Recreation Reserve - Lease to Doubtless Bay Croquet Club Incorporated

File Number:           A2266612

Author:                    Alice Astell, Property Legalisation Officer

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

 

Purpose of the Report

To obtain a resolution from Council in its role as administering body of the Cable Bay recreation reserve and in its role as the delegate of the Minister of Conservation, to grant and consent to a new lease of part of the Cable Bay recreation reserve being land contained in CFR NA39D/282, to the Doubtless Bay Croquet Club Incorporated.

Executive Summary

·    The Doubtless Bay Croquet Club Inc. (“the Club”) seeks a new lease of part of the Cable Bay recreation reserve located at 422 State Highway 10, Cable Bay, as it would like to continue using the reserve to play croquet.

·    Although the Club’s previous lease expired in 2013, it has continued to occupy part of the reserve and to pay the annual rent under the expired lease.

·    The Reserves Act 1977 requires this lease proposal to be publicly notified and consideration given to any objections and submissions received in relation to it.

·    Public consultation ran from May to June 2018. A total of five submissions were received, all in support of the lease proposal.

·    As no Hearings were required, the next step was for the Community Board to deliberate on the submissions and make their recommendation to Council regarding the proposal.

·    The proposed lease is for a term of 10 years with a right of renewal of 5 years, at an annual rent of $100 plus GST.

·    This report was considered by the Te Hiku Community Board at their meeting on 8 November 2018. The Board made the following recommendation to Council:

Recommendation

That the Far North District Council, in its role as administering body of the reserve, and pursuant to its powers under section 54(1)(b) and (c) of the Reserves Act 1977, grants a new lease of part of the Cable Bay recreation reserve being Lot 69 DP 83352 contained in CFR NA39D/282, to the Doubtless Bay Croquet Club Incorporated and that the terms of the lease shall be:

a)      Term: 10 years

Rent: $100 plus GST per annum

Renewal: 5 years

b)      That the clubroom toilets are open to the public only when the leased area is       open to the public and the clubroom is open and unlocked

 

And that the Far North District Council, in its role as the Minister of Conservation’s delegate, consents to the granting of the aforementioned lease.

 

 

 

1) Background

This matter was last before the Te Hiku Community Board on 1 March 2018 when the Board resolved to initiate the public consultation process in respect of the lease proposal (Report A1976220 refers).

The Cable Bay recreation reserve was vested in the Mangonui County Council as recreation reserve in 1977. In 1989, the control and ownership passed to Far North District Council as part of the local government reform process. 

The old 2003 lease to the Club expired in 2013 and the Club has approached Council for a new lease. There was no renewal term in the old lease but the Club has continued to pay the annual rent for the use of the reserve since it expired.

The old lease required the clubroom toilets be made available to the public when the leased area was open to the public; this was consistent with Council’s leases of reserves to sport clubs.

The Club has asked that if a new lease is granted, the toilets be made available to the public only when the clubroom building is open.  As the Club does not want to leave the building open unless a Club member is present, it has asked Council to consider the following:

“The problem the Club has is that the only toilets are within the Club building which contains equipment and which the Club does not want to leave open unless Club members are present.  Is it possible please…to [instead] provide that the toilets are to be made available when the leased area is open for use by the public and the Club building open and unlocked…?”

The reality of the current situation is the reserve (i.e. the proposed lease area) is only open to the public when the Club is open which is on Wednesday and Saturday mornings.

The Cable Bay public toilets are located approximately 500 metres from the clubroom. The Club maintains the reserve and the clubroom building is kept in good repair. No objections in relation to the Club’s proposed restrictions on the use of the clubroom toilets were received. In these particular circumstances, Council’s Facilities Operations staff have no concerns about the toilets being made available to the public only on Wednesday and Saturday mornings when the clubroom is open and unlocked.

 

 

2) Discussion and Options

Reserves Act

Section 54 of the Reserves Act 1977 (“the Act”) authorises Council to grant leases of recreation reserves.  This must be done with the prior consent of the Minister of Conservation unless the proposed lease conforms to a current reserve management plan. There is presently no reserve management plan in place.  

The Northland Conservator used to exercise the Minister’s powers under delegated authority.  However in 2013 the Minister delegated to Council the power to consent to the granting of leases of vested reserves for the purposes specified in s54 of the ActSections 119 and 120 of the Act require that before granting this lease the proposal must be publicly notified and all submissions/objections to the proposal are to be in writing and where requested, a submitter must be given the opportunity to appear before Council or a committee of Council, to speak to their objection/submission.  Every submission/objection in relation to the proposal must be considered before proceeding with the proposal. 

Council delegations: the role of the Board vs the role of the Council

Council’s delegations to Community Boards authorise the Boards to hold hearings of submissions received as a result of consultative procedures other than an Annual or Long-Term Plan, and to provide recommendations to the Council in respect of applications for the use and/or lease of reserves not contemplated by an existing reserve management plan.    

The Te Hiku Community Board was therefore invited to consider and deliberate upon the submissions received (see attached list of submissions), and then make a recommendation to Council in respect of the proposal.   

The Council is required to consider the Board’s recommendation and make the final decision regarding the proposal.  This involves two decisions: one from the standpoint of the Council as the administering body for the reserve, and the other from the standpoint of the Council as the Minister of Conservation’s delegate.

In its role as the administering body of the reserve, the Council is required to consider the merits of the proposal, and every submission and objection, taking into account any recommendation from the Community Board, before deciding whether to grant the lease.

In its role as the Minister’s delegate, the Council will need to ensure that correct processes have been followed under the Act; that any submissions and objections have been considered, and that on the basis of the evidence the decision is a reasonable one, before consenting to the granting of the lease.

Council Policies

Council’s Reserves Policy requires consultation with iwi and other stakeholder groups, as appropriate, regarding the management, development and use of reserves and parks.

Under Council’s Significance and Engagement Policy, the proposed decision to lease the reserve is considered to be of low significance.  The land is not a strategic asset under the policy.  The degree of consultation required by the Act also satisfies policy requirements.

Option 1 (recommended option)

The Council may decide to recommend that a new lease be granted to the Club on the terms publicly notified and as recommended by the Te Hiku Community Board. This is the preferred option for the reasons set out below.

Option 2

Alternatively, the Council may decide that the reserve should not be leased to the Club and decline the lease application.

Reason for the recommendation

The Club would like to continue using the reserve to play croquet. This activity fits squarely within the designated purpose of this reserve, which purpose includes the playing of outdoor sports, games or other recreational activities, and to enable the public to obtain the benefit and enjoyment of the reserve.

It also accords with the statement in the current Long-Term Plan that “Council contributes to community development and the general health of the community through the provision and maintenance of recreational facilities, encouraging the use of these facilities, supporting the community to develop appropriate facilities, and supporting events that will contribute to community well-being”.

Further, all submissions received as a result of the public consultation indicated support for a new lease to be granted to the Club. The proposed change in relation to restricting the availability of the clubroom toilets to when the building is open and unlocked was included in the public consultation information pack and no objections to this aspect of the lease proposal were made. In reality the present situation is that the reserve is only open when the Club is open, two mornings per week.

3) Financial Implications and Budgetary Provision

The Club maintains the reserve and buildings (as shown on the attached aerial plan) and Council pays the sewage and water charges. 

 

Attachments

1.       Doubtless Bay Croquet Club - List of Submissions - A2266622

2.       Doubtless Bay Croquet Club - Aerial Plan - A2266623  


 

Compliance schedule:

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

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

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

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

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

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

Compliance requirement

Staff assessment

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

The proposed lease is considered to be of low significance under this Policy.

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

Both the Reserves Act 1977 and Council’s Reserves Policy require Council to consult with and have regard to the views of the public including iwi/hapu before undertaking certain actions in respect of reserves. The public consultation process has been completed.

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 lease proposal is of potential interest to the local community. The Te Hiku Community Board were given delegated authority to consider all submissions received regarding the proposal, hold hearings (if required) and make a recommendation on the proposal 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.

Ngati Kahu as the recognised kaitiaki of the area were approached directly and invited to submit their views on the lease proposal as part of the consultation 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.

The local community were identified as having an interest in this proposal. The statutory public consultation process required by the Reserves Act has been undertaken. The 5 submissions received were considered and formed part of the deliberations prior to the recommendation being made by the Te Hiku Community Board to Council.

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

The Club maintains the reserve and buildings and Council pays the sewage and water charges.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 


Ordinary Council Meeting Agenda

13 December 2018

 

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Ordinary Council Meeting Agenda

13 December 2018

 

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Ordinary Council Meeting Agenda

13 December 2018

 

6            Strategic Planning and Policy Group

6.1         2019/20 Annual Plan - Consultation Decision

File Number:           A2264681

Author:                    Sheryl Gavin, Manager - Corporate Planning & Engagement

Authoriser:             Darrell Sargent, General Manager - Strategic Planning and Policy

 

Purpose of the Report

The purpose of this report is to determine the community engagement approach for the 2019/20 Annual Plan.

Executive Summary

·        The Annual Plan for 2019/20 must be adopted by 30 June 2019 to allow rates to be set for the 2019/20 financial year.

·        The Local Government Act 2002 (LGA) requires local authorities to consult on their Annual Plan only where there are significant differences to the corresponding year in the current Long Term Plan (LTP).

·        Significance is assessed against the provisions of Council’s Significance and Engagement Policy.

·        A significance test completed by Administration on potential changes for discussion with Council identified no significant variances. Council therefore has the option of not consulting on the Annual Plan.

 

Recommendation

That Council does not conduct a formal consultation on its Annual Plan for 2019/20.

 

 

1) Background

Council must produce an LTP every three years. The LTP is subject to a Special Consultative Procedure in accordance with section 83 of the LGA. Consultation for the current LTP was extensive, including Council presence at events across the District, three days of hearings and the processing of a substantial number of submissions.

Annual Plans are produced for years two and three of the LTP to confirm the forecast, taking into account any new information and/or changed circumstances. In the third year a new LTP is produced.

Because the LTP was consulted on, Council must seek feedback from the community on its Annual Plan only if significant changes are planned between the Annual Plan and the corresponding year of the LTP. Council’s criteria for significance is clearly outlined in its Significance and Engagement Policy 2018.

2) Discussion and Options

While reviewing forecast budgets for 2019/20, a number of potential variations were identified and documented for discussion with Council. These have been tested for significance against the Significance and Engagement Policy. No items were assessed as significant. Council therefore has a two options for engagement on the 2019/20 Annual Plan.

Option 1: Inform-only campaign (recommended)

Administration recommend an inform-only campaign to communicate what is planned for 2019. This has the following advantages:

·    Cost avoidance. This type of campaign carries significantly less cost than formal consultation which is estimated at approximately $50,000 in advertising, document production, submission processing, hearings and elected member time. An effective inform-only campaign can be carried out for approximately $5,000.

·    Avoidance of over-consultation. 2019 will be a busy year with other key pieces of work requiring feedback and input from the community. This type of campaign offers an opportunity to limit consultation fatigue.

·    Council has more time to consider variations to the adopted budget because it does not have to invest the substantial amount of time it takes to develop and adopt a consultation document and manage feedback.

Councillors agreed at a workshop on 15 November that formal consultation is not necessary and that a campaign communicating the plan for 2019 is preferable.

Option 2: Formal consultation

If Council wishes to proceed to formal consultation, it must do so in accordance with the principles of consultation in s82 and develop a consultation document. To meet the final adoption date of June 2019, a consultation document would need to be developed and adopted before March to accommodate a minimum of four weeks for submissions and another eight weeks for hearings and deliberations.

A pre-requisite to developing a consultation document is the establishment of an indicative financial position prior to the end of the 2018 calendar year. Indicative means basic agreement on the variations and a high level understanding of the implications to ratepayers.

This option significantly shortens Council’s decision-making timeframe both before and after the submissions period.

Reason for the recommendation

·    Extensive community consultation was undertaken for the 2018-28 LTP.

·    Variations proposed to the 2019/20 LTP budget are not significant.

·    There is no legislative requirement for Council to formally consult again on the revised forecast for the same year unless there are significant differences.

3) Financial Implications and Budgetary Provision

If Council agrees with the recommendation, estimated savings of approximately $50,000 could be used to engage the community on other core pieces of work.

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 significance, the issue does not trigger any of the significance criteria in the policy..

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.

Council’s Policy on Significance and Engagement 2018.

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. Community Board chairs views were sought at a Council workshop on 15 November 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.

No implications to Maori. The recommendation is for an inform-only campaign; appropriate communications with iwi and hapu will be determined.

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 community was consulted with during the development of the 2018-28 Long Term Plan. Variations to the Long Term Plan have been assessed against the Policy on Significance and Engagement.

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

If Council agrees with the recommendation, approximately $50,000 savings could be used elsewhere.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Ordinary Council Meeting Agenda

13 December 2018

 

6.2         Memorial Hall Fees

File Number:           A2269277

Author:                    Sheryl Gavin, Manager - Corporate Planning & Engagement

Authoriser:             Darrell Sargent, General Manager - Strategic Planning and Policy

 

Purpose of the Report

The purpose of the report is to set the fees for Kaikohe War Memorial Hall (KWMH) for 2019/20 on the recommendation of the Kaikohe-Hokianga Community Board (KHCB).

Executive Summary

·        Every year, Council reviews its fees and charges. In doing so, many stay the same (for a variety of reasons) while others are adjusted by the Local Government Cost Index (LGCI) inflation factor.

·        Because of its understanding of the hall’s use and value to the community, Council agreed to allow the KHCB to recommend the fees for 2019/20.

·        This report sets out the current fees, the current level of use of the facility and an overview of the inflation factor Council uses to adjust its fees and charges should it consider adjustment prudent.

·        The KHCB considered this report at their meeting on 7 November 2018 and makes the following recommendation to Council.

 

Recommendation

That fees for Memorial Hall for 2019/2020 be set as follows:

Corporate & private

Entire complex                                $300.00       hourly only     $40.00

Supper room and kitchen              $200.00       hourly only     $30.00

Main hall only                                  $150.00       hourly only     $25.00

Bond                                                 $300.00       hourly only     $40.00

Community groups

Entire complex                                $150.00       hourly only     $25.00

Supper room and kitchen              $75.00         hourly only     $20.00

Main hall only                                  $50.00         hourly only     $15.00

Bond                                                 $150.00       hourly only     $25.00

 

 

1) Background

Council sets fees and charges for community halls by resolution annually. Council’s Financial Strategy limits any adjustment to fees to no higher than the Local Government Cost Index (LGCI) inflation factor.

Fees for Council-owned community halls, including KWMH, have not changed for several years.

During the 2018-28 Long Term Plan process, Council agreed to allow the KHCB to recommend fees for Memorial Hall for the 2019/20 financial year.

The KHCB considered the options outlined in this report and recommended option 1 (no change to current fees).

2) Discussion and Options

Current fees

For corporate & private users

Entire complex                                    $300.00         hourly only         $40.00

Supper room and kitchen                     $200.00         hourly only         $30.00

Main hall only                                      $150.00         hourly only         $25.00

Bond                                                  $300.00         hourly only         $40.00

For community groups

Entire complex                                    $150.00         hourly only         $25.00

Supper room and kitchen                     $75.00          hourly only         $20.00

Main hall only                                      $50.00          hourly only         $15.00

Bond                                                  $150.00         hourly only         $25.00

Revenue

18/19 (ytd 16/10/2018)                        $3,715.20

17/18                                                  $7,711.93

16/17                                                  $5,636.20

15/16                                                  $3,582.71

Inflation

The inflation factor most people are familiar with is the Consumer Price Index (CPI). It describes how the cost of the basket of goods used in a household will increase over time. Most councils recognise the Local Government Cost Index (LGCI) as the rate at which Council costs rise over time. Council therefore adjusts budgets for inflation using LGCI as forecast by Business and Economic Research Ltd. For 2019/20 LGCI is expected to be 2.3%.

This is the figure Council will use to adjust other fees and charges if it decides it wishes to.

Options

Administration presented the following three options to the KHCB.

Option 1 – No change to current fees (recommended)

Maintaining the status quo means that hireage fees are kept to a minimum and regular users are not disadvantaged by increased costs. This is the recommended option.

Option 2 – Increase (all or some) fees by LGCI (2.3%)

While this calculates as relatively minor ($3.45 for a full day at the community rate), maintenance and cleaning costs continue to rise, and any additional revenue would recover some of these costs. An increase would, however, place an additional burden on its most frequent users.

Option 3 – Reduce (all or some) fees

Reduce the fees to encourage more use of the Hall and ease the financial burden on those who already use it.

The KHCB recommends option 1.

Reason for the recommendation

The Kaikohe-Hokianga Community Board expressed a desire to recommend fees and charges for KWMH to Council for the 2019/20 year. Three options were considered, resulting in the Board recommending Option 1 (status quo) on the basis that there have been no increases to fees for Council-owned community halls, including KWMH, for several years, and no changes are planned for 2019/20 for the remainder of the hall facilities in recognition of the value these facilities have for current and potential new users.

3) Financial Implications and Budgetary Provision

Making no change to fees for KWMH has no impact to Council financially.

Should Council decide to proceed with an alternative to the recommendation, the impact on revenue would not be material as in the past three years revenue has not exceeded $8000. Any change up or down will have no material effect on Council revenue.

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

Not significant.

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

None.

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 issue is of relevance only to users of the Memorial Hall. Community Board views are reflected in its 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.

No impact over and above iwi/hapu use of Memorial Hall.

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.

Users of the hall and the local community are the only people affected, albeit in a minor way. The community board represents these users.

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

Not material.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Ordinary Council Meeting Agenda

13 December 2018

 

6.3         Amendments to Camping in Public Places Policy

File Number:           A2263193

Author:                    Siân Smith, Strategy and Policy Specialist

Authoriser:             Darrell Sargent, General Manager - Strategic Planning and Policy

 

Purpose of the Report

To seek approval of minor amendments to the Camping in Public Places Policy.

Executive Summary

·        Council has a Camping in Public Places Policy that provides for people to camp for free, subject to certain conditions, on some sites on Council-owned land in the District

·        Two of the sites in the Policy are no longer suitable for camping and two new replacement sites have been identified

·        Some minor errors in references to legislation in the Policy have been identified

·        To change the sites and correct the errors, this report recommends amendments be made to the Policy

 

Recommendation

That Council

a)         Agree to amend the Camping in Public Places Policy by:

i)          Replacing, in Appendix A, Schedule 1:

·      Awanui Reserve with Awanui playground carpark; and

·      Centre Park, Kaitaia, with Melba Street public toilets rear carpark

          with a restriction on use of the replacement sites to be between 7pm and           7am only;

ii)         Correcting errors in the references to legislation in clause 5.

 

 

1) Background

The Camping in Public Places Policy was adopted on 26 October 2016.  The objective of the policy is to:

•     ensure visitors are aware of where they may camp in public places;

•     ensure visitors are safe;

•     prevent nuisance;

•     prevent damage to the environment and facilities.

The Policy is Council’s approach to regulating freedom camping in the District and sits alongside of the Reserves Bylaw.  Under section 44(1) of the Reserves Act 1977 camping is prohibited unless authorised by the Council.  The Council’s Reserves Bylaw allows for camping in certain circumstances as detailed in clause 1707.1:

“No person shall use any reserve for the purposes of camping, other than any reserve set aside by or under the authority of the Council as a camping ground, or where an authorised officer has approved the temporary use of a reserve for camping in association with a specific event.”

The Camping in Public Places Policy provides guidance information, definitions, terms and conditions to manage camping on Council-owned land in the District and gives effect to clause 1707.2 of the Reserves Bylaw:

“The Council may by resolution publicly notified, specify and identify by way of appropriate signs, reserves where a complying camping vehicle may be used for camping, subject to compliance with any conditions which may be imposed by the resolution and specified on the sign identifying the camping area.”

The Policy is scheduled for review in 2019.

2) Discussion and Options

Option 1 – Amend the Policy

Administration recommends the Camping in Public Places Policy be amended to address the following:

·    Two locations identified as places where camping is permitted on Council-owned land are no longer suitable for camping.

·    There are some errors in the text that refers to legislation for enforcing the policy.

Schedule 1 of the Policy currently promotes eight camping locations; four of the locations are for use by self-contained vehicles only.  Two of the locations are no longer suitable for camping due to changes in the management of the reserves as outlined in Table 1 below.  Removing the two locations that are no longer suitable from the Schedule, will leave only six camping location sites in the District.  This will make the Policy (that works in conjunction with Council’s Reserve Bylaw) more restrictive.  Two new locations are therefore proposed to be added to Schedule 1 to replace the locations being removed.  The two locations proposed to be removed are restricted to use by self-contained vehicles only, but the replacement locations do not need to be restricted in this way because they have public toilets.

Clause 5 of the Policy refers to the legislation under which fines can be issued for breaches of the Policy.  Minor amendments to these legislation references, as outlined in Table 1, will improve the clarity and user understanding of the Policy.

Administration recommends the Camping in Public Places Policy be amended as described in Table 1.

Table 1. Proposed amendments and reason for change

Section of Policy

Existing provision

Proposed new provision

Reason for change

Appendix A, Schedule 1

No. 1 Awanui Reserve

No. 1 Awanui playground carpark, 7pm to 7am only

The existing location is a leased facility and camping activities are not compatible with the uses of the Sports Complex in the Reserve.  The Awanui playground carpark is a suitable replacement location for camping because it has a public toilet and is on State Highway 1.  The carpark is used by others during the day and would be impractical for camping at all times, so camping at this location will only be promoted for between the hours of 7pm to 7am.

Appendix A, Schedule 1

No. 2 Centre Park, Kaitaia

No. 2 Melba Street public toilets rear carpark, 7pm to 7am only

The existing location is now being developed into the Te Hiku Sports Hub so it is no longer suitable for camping.  The Melba Street site is a suitable replacement location because the public toilets are open 24/7 (including a shower) and the site is open to Matthew’s Avenue.  The carpark is used by others during the day and would be impractical for camping at all times, so camping at this location will only be promoted for between the hours of 7pm to 7am.

Appendix A, Map of Schedule 1 Approved Public Camping sites

Maps

Maps

Locations of camping facilities amended to reflect changes to camping sites in Schedule 1.

Clause 5, second item numbered 1

 

 

“…Inconsiderate Parking under Schedule 2 Part 1 2(e) of the Land Transport Act 1962”

“parking without due care or without reasonable consideration under rule 6.1 of the Land Transport (Road User) Rule 2004”

Wrong description of the offence and name of legislation that specifies the offence.

Clause 5, second item numbered 1

“Traffic and Parking Bylaw 2010”

“Parking and Traffic Control Bylaw 2010”

Wrong name of Bylaw.

Clause 5, second item numbered 2

“section 14 of the Litter Act 1979”

“the Litter Infringement Policy 2017”

Reference to incorrect legislative authority for the fine.

Clause 5, item numbered 4

“Local Government Act”

 

“Local Government Act 2002”

Incomplete reference to legislative authority.

 

A copy of the Policy, incorporating the amendments proposed in Table 1, is in Attachment 1.  Administration prefers and recommends this option.

Option 2 – Do nothing

It is an option for Council to not make any changes to the Policy.  Administration does not recommend this option. While campers might move on to another location if they arrive at Awanui Reserve or Centre Park and realise it is not practical to camp there, it is more likely, in the absence of alternative sites being identified in the Policy, campers will either:

·    continue to use the two existing sites and cause conflicts with the leaseholder (Awanui) or the development activity (Centre Park), or

·    risk committing offences by camping in places where camping is prohibited (e.g: on reserves).

This option is therefore not recommended.

Reason for the recommendation

Administration recommends Option 1 (Amend the Policy) to ensure people who wish to camp for free on Council owned-land are directed to appropriate sites for:

·    their own safety

·    reducing potential nuisance or damage to the environment from freedom camping activities.

The amended Policy will also continue to provide a reasonable number of camping locations in the District and the new locations enable use by a wider range of campers because they are not restricted to self-contained vehicles.

3) Financial Implications and Budgetary Provision

Changes will need to be made to signs at the sites being removed from the Policy and new signs will need to be put up at the sites being added.  The Far North District camping brochure (available at Council service centres) will need to be amended and republished.  The cost of these changes can be met within existing budgets.

Attachments

1.       Camping in Public Places Policy 2018 - A2264974  


 

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 proposal is 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.

Relevant Council policies:

Camping in Public Places Policy

Parking and Traffic Control Bylaw 2010

Litter Infringement Policy 2017

 

Relevant legislation:

Reserves Act 1977

Freedom Camping Act 2011

Local Government Act 2002

Land Transport Act 1998 and associated regulations and rules

Litter Act 1979

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 proposal does not have district-wide relevance, it only affects the specific camping sites identified in the proposal.  The Chair of the Te Hiku Community Board was notified of the proposed changes to the camping sites and agrees with the proposal.

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 Māori.

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.

People likely to be affected are those who wish to camp for free on Council-owned land.  The effect of the proposal on these people is minor and of low significance because their rights to camp in public places will not be restricted.  The views of people likely to be affected have not been sought because of the minor nature of the proposal.

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

The costs of implementing the proposal (new or changed signs and a new brochure, as described in section 3 of this report) can be met within existing budgets.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Ordinary Council Meeting Agenda

13 December 2018

 

Camping in Public Places Policy,As amended: 13 December 2018

 

 

 

 

 


1. Policy Objective

The objective of the Far North District Council Camping in Public Places Policy is to:

·      ensure visitors are aware of where they may camp in public places

·      ensure visitors are safe

·      prevent nuisance

·      prevent damage to the environment and facilities.

 

2. Definitions

ENFORCEMENT OFFICER means any person authorized by the Council to carry out any of the duties provided for under this Policy and includes any Council Monitoring Officer.

 

FREEDOM CAMPING means, as defined in the Freedom Camping Act, to camp (other than at a camping ground) within 200m of a motor vehicle accessible area or the mean low-water springs line of any sea or harbour, or on or within 200m of a formed road or a Great Walks Track, using 1 or more of the following:

(a) a tent or other temporary structure:

(b) a caravan:

(c) a car, campervan, house truck, or other motor vehicle.

Freedom camping does not include the following activities:

(a) temporary and short-term parking of a motor vehicle:

(b) recreational activities commonly known as day-trip excursions:

(c) resting or sleeping at the roadside in a caravan or motor vehicle to avoid driver fatigue.

 

CAMPING means to use any vehicle, tent or other similar structure for the purposes of temporary personal accommodation, whether or not self contained, and whether or not it involves the use of the vehicle, tent or other structure for sleeping overnight. However, it shall not include temporary or short term parking of a vehicle customarily used for camping, or resting or sleeping in a caravan or motor vehicle to avoid driver fatigue.

 

SELF CONTAINED CAMPERVANS means any vehicle which is designed to be used for the purpose of overnight accommodation and includes caravans, motor homes, house buses, house trucks and any other vehicle which meets the provisions of NZS 5465:2001 (Self Containment for Motor Caravans and Caravans).

 

NON SELF-CONTAINED CAMPERS means any freedom campers who require access to public toilet facilities.

 

PUBLIC PLACE means every road, street, public highway, footpath, footway, court, alley, lane, access way, and thoroughfare of a public nature or open to or used by the public as of right, and every place of public resort or place to which the public have access.

 

                        RESERVES includes any open space, plantation, park, garden or ground set apart for public recreation or enjoyment, and any esplanade, foreshore or beach associated with any water way, lake or coastal area which is vested in or under the control of the Council.

 

3. Camping Facilities in the Far North District

The Far North District has a wide range of well-maintained commercial campgrounds, holiday parks and Department of Conservation campgrounds that cater to most camping interests and budgets throughout the year. For a safe and enjoyable camping experience the Far North District Council recommends campers use these facilities and book ahead (over the summer months) so that they can reserve a site for the duration of their stay.

 

The Council provides some sites for  temporary camping in public places (refer Schedule 1).

 

Details on campground facilities in the Far North may be obtained from the Far North District’s i-SITE visitor information centres, or from a copy of the Far North District Camping brochure which is available at Council service centres.

 

4. Conditions for Camping at Council Camping Sites

Camping is permitted in sites listed in Schedule 1 of this Policy that have been signposted for such purposes and every person must abide by the following additional conditions:

·      Only self contained campervans can camp in locations that have no public toilet.  Non-self contained vehicles are allowed only at locations that have a public toilet.

·      Proof of compliance with NZS 5465:2001 (Self Containment for Motor Caravans and Caravans) must be clearly visible.

·      Camping for longer than one night at the same location will require written permission from the Council.

·      Respect our environment and remove all rubbish, solid and liquid waste from the freedom camping site. Rubbish, solid and liquid waste must be disposed of at approved rubbish transfer sites and dump stations (see Appendix B for details of their location).

·      Fires are not permitted.

·      Consider the environment at all times. No person shall damage, deface, disturb or remove public and private property, or local flora and fauna.

·      Consider local residents. Every person must keep language and noise to a reasonable standard and volume, and tidy up when they leave.

·      Any person who fails to abide by the conditions of this Policy must immediately vacate the camping site at the request of an Enforcement Officer.

 

A failure to abide by any of the above conditions constitutes a breach of the Camping Policy and, depending on the nature of the breach, offenders could be subject to one or more of the actions outlined in the Enforcement section of this Policy.

 

5. Enforcement

The Council will monitor camping in reserves and public places regularly to ensure that campers are complying with their conditions of use and that no unauthorised camping is occurring in public places.

 

1.   If a camper does not comply with the conditions of this Policy or any other enactment, the Council may, in the first instance:

i.      verbally notify the camper of the issue; or

ii.     request the camper remove their vehicle and/or camping equipment; or

iii.    issue an infringement notice; or

2.   If the problem persists, the Council will consider prosecution and/or:

i.      refuse the offending party any further opportunity to camp in public places in the District; or

ii.     clamp, seize, remove or impound any non-compliant vehicle or property.

Depending on the location, nature or extent of any breach of the conditions of this Policy, non-compliance could result in:

1.   a Parking Infringement Fine of $60 for parking without due care, or without reasonable consideration, under rule 6.1 of the Land Transport (Road User) Rule 2004, or under the Parking and Traffic Control Bylaw 2010; or

2.   a Litter Infringement Fine of up to $400 under the Litter Infringement Policy 2017; or

3.   action under the Reserves Act 1977; or

4.   an injunction under section 162 of the Local Government Act 2002; or

5.   being liable upon conviction to a fine not exceeding $20,000 under section 242 of the Local Government Act 2002.


Appendix A

Schedule 1

Council Approved Camping Locations on Council-Owned Land

Maximum parking for 4 freedom camping vehicles at any one time in any one location.

Maximum 24 hour time limit for each vehicle

No.

Location

Camping restriction

1

Awanui playground carpark

7pm to 7am only

2

Melba Street public toilets rear carpark

7pm to 7am only

3

Hundertwasser Car Park

 

4

Lindvart Park, Kaikohe

Self contained only

5

Mangonui Lions Park toilets

 

6

Te Corner, Ohaeawai

 

7

Totara North, old dump site

Self contained only

8

Two Ponga Park, Okaihau

 

 


 

 

Map of Schedule 1 Approved Public Camping sites


 

 


 


 

 

Appendix B

Public Waste Dump Stations in the Far North District

Waiomio Street, Kawakawa

Recreation Road, Kaikohe

Cobham Road, Kerikeri

State Highway 12, Omapere – opposite Opononi Area School

Beach Road, Mangonui 400m off State Highway 10

State Highway 1/Matthews Ave, Kaitaia – behind Te Ahu complex

 

Rubbish Transfer Sites

 

Refuse Station

Area of Service and Location

Ahiparahttp://intranet.fndc.govt.nz/__data/assets/image/0018/16056/ahipara.jpg

2km up Sandhills Road (beside Ahipara Landfill)

Awanui

Off SH1 (North); 300m north of Awanui (beside Rugby Club)

Herekino

2km north of Herekino on Kaitaia-Awaroa Road

Houhora

Off SH1 (North) 1km south of Houhora; 1km north of Pukenui

Kaikohe

Waste Station Resource Recovery Centre, Station Rd, Kaikohe

Kaitaia

500 metres up Church Road (beside rugby grounds)

Kohukohu 

Kohukohu Road - Just past Tauteihiihi Road - Kohukohu

Opononi

Baker Road - behind bowling club midway between Opononi and Omapere

Panguru

1km south of Panguru on West Coast Road

Russell

On Florance Ave approximately 2km from Russell

Taipa

On the corner of Paranui Road and Oruru Road (3km south of Taipa)

Te Kao

Off SH1 (North); East Coast Roadway (behind Marae) Te Kao

Whangae

3km south of Opua on SH11

Whatuwhiwhi

1km south of Whatuwhiwhi off Inland Road

Whitehills

500m south of the Matauri Bay turn-off SH10

 

Please ring 0800-920 029 for hours of operation.

 


Ordinary Council Meeting Agenda

13 December 2018

 

6.4         Notification of the Kerikeri Domain Reserve Management Plan

File Number:           A2238522

Author:                    Rachael Pull, Specialist Planner - Urban Design

Authoriser:             Darrell Sargent, General Manager - Strategic Planning and Policy 

 

Purpose of the Report

To seek decisions from the Council in respect of the notification and subsequent hearing of submissions on the Reserve Management for Kerikeri Domain. 

Executive Summary

·        On 22 June 2017 Council resolved to notify the draft Kerikeri Domain Reserve Management Plan (Management Plan) for community consultation.  Written suggestions on the Management Plan were received via a survey. 

·        Based on the information gathered and consultation with the public in August-September 2018, the Management Plan was drafted, and it is now ready for public notification.

·        The Management Plan contains provisions relating to the future uses on the Kerikeri Domain and potential changes to the pavilion.  The immediate future of the pavilion is a matter which Council is considering separate to this report, therefore the provisions relating to it in the Management Plan provide a high level future vision for the building only.

 

Recommendation

That Council

a)         gives public notice of the Draft Kerikeri Domain Reserve Management Plan in accordance with the Reserves Act 1977, and calls for submissions to the draft plan.

b)        delegates to the Bay Of Islands-Whangaroa Community Board the task of hearing and deliberating on submissions received to the Draft Kerikeri Domain Reserve Management Plan.

 

1) Background

In June 2017, Council gave public notice, in accordance with the Reserves Act 1977, of its intention to develop a Draft Reserve Management Plan for the Kerikeri Domain.  Suggestions received from the public survey combined with public meetings in August-September 2018 formed the basis for creating a concept plan and for producing a draft management plan for further consultation.

The Draft Kerikeri Reserve Management Plan has been completed and is ready to be publicly notified for submissions and is attached for Council approval to notify. Refer to Attachment 1 Draft Kerikeri Domain Reserve Management Plan.

2) Discussion and Options

Legislative Framework

The Reserves Act 1977 (the Act) requires Councils to prepare reserve management plans for all gazetted reserves.  Reserve management plans must be reviewed every 10 years.  There is no existing reserve management plan for the Kerikeri Domain, which was gazetted in sections from 1953 onwards.  A summary of the process required under the Act is set out in Table 1 below.

 

Reserves Act requirements

Where we are at

1

Before preparing a management plan Council shall—

(a)  give public notice of its intention to do so; and

(b)  in that notice, invite persons and organisations interested to send written suggestions on the proposed plan within a time specified in the notice; and

(c) in preparing that management plan, give full consideration to any such comments received.

Completed

2

Prepare a draft reserve management plan (RMP)

Completed

3

Give public notice that a draft RMP is available for inspection, for at least two months, and call for written objections or suggestions on the draft plan.

We are here – proposed to occur from December 2018 until March 2019

4

Provide the opportunity for those persons who have submitted suggestions or objections to be heard in support of their submission.

Proposed for March/April 2019

5

Elected members to deliberate on the submissions received. 

Proposed for April 2019

6

Make further changes to the draft RMP.

Proposed for April/May 2019

7

Adopt the amended RMP as the final document.

Proposed for Council meeting in June 2019.

Administration recommend giving public notice of the draft Kerikeri Domain Reserve Management Plan and proceeding in accordance with the timeline outlined in Table 1 above.

Council delegations

In its resolution dated March 2013, Council set out its delegations to Community Boards.  Those delegations include authority for community boards “To consider the provisions of new and reviewed reserve management plans for recommendation to the Council in accordance with the Reserves Act 1977, and hear or participate in the hearing of submissions thereto, as considered appropriate by the Council.”

Some reserves considered to be of district-wide significance have been specifically excluded from Community Board delegations. Kerikeri Domain is one of these, meaning that the reserve management plan can only be considered by Council, unless a resolution to delegate this responsibility is passed.

There is no information as to why the Kerikeri Domain is considered of district-wide significance and thus excluded.  However at the time it was classified as having district wide significance, it was managed by the Domain Trust who would have had to report directly to Council.  The Domain Trust has since dissolved, meaning the management of the Domain is no different to other reserves within the District.  It is therefore recommended that the delegations to hear and deliberate the submissions on the Draft Management Plan be given to the Bay Of Islands-Whangaroa Community Board.

In line with the Local Government Act 2002, the role of Community Board members includes communicating with community organisation and special interest groups.  The Bay of Islands-Whangaroa Community Board set up a Community Reference Group to engage with the Kerikeri Domain stakeholders, users and wider community.

The Management Plan has incorporated the information provided by the Community Reference Group into the pre-engagement and consultation plans.  Further engagement with Councillors was held at a workshop on the Management Plan on 17 September 2018 and members of the group have attended all pre-engagement stakeholder sessions.

Work undertaken to prepare the draft reserve management plan

In February 2018, officers engaged planning consultants from Beca to draft the reserve management plan based on the written suggestions received, the public survey and workshops with Iwi representatives, the public, domain stakeholders and users. 

Implications for Māori

The Management Plan aspires to create a stronger cultural identity and sense of place for the reserve.  To assist with this goal, a number of the action points include incorporating cultural markers such as architectural design, sculptures, and signposts.

Consultation with local iwi, hapū and marae will continue during the call for submissions on the Management Plan.  It is anticipated that developing specific detail, which reflects areas of cultural identity, will be an on-going process between Council and local iwi/hapū that will continue through the life of the Management Plan.

Reason for the recommendation

Council is required to have a Reserve Management Plan for Kerikeri Domain.  It is considered that the draft Management Plan meets the statutory obligations and is consistent with existing Council strategies, policies and by-laws. The implementation of the Management Plan will organise the future use and development of the Domain to the betterment of the community. Delegating the hearing and deliberating of the submissions to the Community Board is consistent with how the Lindvart Park Reserve Management Plan (another district-wide significant facility) was considered.

3) Financial Implications and Budgetary Provision

Public notification of the Management Plan does not have any financial implications.  Once the final Management Plan is approved, implementation of aspects of the plan that require significant financial expenditure will be brought to Council through the Annual Plan process.

It is relevant to note that future considerations regarding the pavilion will be considered separate to this report. Council will work in partnership with the community to design, fund raise, and develop the facilities as outlined in the future reserve management plan.

Attachments

1.       DRAFT Kerikeri Domain Reserve Management Plan - A2253359  


 

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 proposal is considered to have a low degree of significance.  The proposed reserve management plan will facilitate the development and enhancement of a large recreational area to the benefit of the local community and wider district residents and be consistent with existing plans and policies.

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 – outlines process for writing and adopting reserve management plans

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 Community Board’s views have been considered through the establishment of the Community Reference Group to determine who the stakeholders were and the workshop that the Community Board members were invited to on 17 September 2018.

The Community Board’s views will be further considered should delegation be given  to hear and deliberate on submissions.

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.

Māori have been, and will continue to be, consulted on the issues outlined in the reserve management plan.

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.

Users and stakeholders of the reserve have been consulted on various occasions as part of drafting the reserve management plan.

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

There are no immediate financial implications associated with the recommended resolutions, as outlined in Section 3 of this report.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Ordinary Council Meeting Agenda

13 December 2018

 

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6.5         District Plan Update

File Number:           A2265435

Author:                    Tammy Wooster, Senior Policy Planner

Authoriser:             Darrell Sargent, General Manager - Strategic Planning and Policy

 

Purpose of the Report

To provide the Council with an update on the review of the District Plan.

Executive Summary

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

Recommendation

That the Council receive the report “District Plan Update “

 

 

Background

Administration is responsible for preparing and maintaining the Far North District Plan (the Plan). Council is required under the Resource Management Act 1991 (the Act) to have a district plan. The Plan’s purpose is to provide for the sustainable management of the district’s natural and physical resources.

Keeping the Plan aligned and responsive to national and local issues may require making changes to the Plan and there have been 18 changes to the operative plan since 2009. A consolidated review of the Plan is now underway.

Discussion and Next Steps

Current Plan Change Processes

Proposed Plan Change 22: Inlet Estate Limited:

·     Adopted by Council

If no appeals are lodged with the Environment Court, the plan change will become legally operative approximately 30 working days after the decision was notified on the 14 November 2018. 

Development of the Proposed District Plan

The Draft District Plan is currently open for public feedback, with the consultation period closing on 17 December 2018.  The next step in the process will be analysing feedback from internal and external stakeholders and the community. 

Plan Review Communications

Meetings have been held with key stakeholders, and the community to discuss the Draft District Plan.  Roadshow information sessions are being held at 14 different locations around the district promoting the Draft District Plan, creating awareness of the draft, the feedback period and assisting with any questions.  The last roadshow event is taking place on 13 December 2018.  Elected members have been invited to attend events in their wards.  These roadshow events have been held during the day, evening and on weekends to ensure ample opportunity for the community to participate in this plan making process.       

Engagement with Tangata Whenua

Consultation with the Tangata Whenua District Plan Reference Group is ongoing, with plans to hold another workshop before the end of 2018. 

Further Reform Considerations

Changes to the Resource Management Act 1991

The Government has announced they intend to make further changes to the Act.  Stage One will involve the reversal of some changes made by the previous government in 2017, such as the prevention of public notification and appeals rights when dealing with residential and subdivision consent applications.  Government intends to introduce a Bill to Parliament early next year.  The focus will be on addressing issues with resource consent, and monitoring and enforcement processes in the Act.  A key change likely to be sought is the repeal of the broad regulation-making power passed last year, which enabled the Minister for the Environment to override council decisions.  Instead it will consider a more narrow regulation making power that may be useful to support urban development.  Council will have the opportunity to provide feedback on the Bill through the Select Committee process,

The Government has stated that Stage Two will be a more comprehensive review of the resource management system, which will build on current Government work priorities across urban development, climate change, freshwater and wider projects being led by various external groups.  Stage Two is currently being scoped and no timeframes have been given on when a Bill would be introduced to Parliament for this part of the reform. 

Until the Bills are introduced into Parliament there is no certainty over what the potential changes to the Act will be or when they may occur.  It is highly possible that Stage One of the reform could have little impact on the development of the new District Plan.   Council will be kept informed on any changes to the Act, and its implications.  It is not anticipated, at this stage that these reforms require a deferral of notifying the Proposed District Plan in late 2019.   

Protection and Management of Highly Productive Soils

The Ministry for the Environment (the Ministry) has advised they are refining a list of potential policy options to better manage New Zealand’s highly productive soils.  Consultation is likely to occur next year and administration will participate in this process.  Any new policy direction from the Ministry will be incorporated into the new District Plan. 

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 One processes which involved the Research and Investigation Framework was mostly undertaken in-house.  Stage Two - 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.

Attachments

Nil

 


6.6         District Strategy Work Plan

File Number:           A2265838

Author:                    Roger Ackers, Manager - Strategy Development

Authoriser:             Darrell Sargent, General Manager - Strategic Planning and Policy

 

Purpose of the Report

This report seeks approval of the revised work plan for the development of the District Strategy.

Executive Summary

·        The report proposes a work plan for the delivery of the District Strategy

·        The work plan recognises the need to fully engage with strategic partners on the development of the District Strategy so as to realise opportunities for the District as a whole

·        The work plan proposes a completion of engagement, strategic alignment and the preliminary identification of district wide opportunities by the end of September 2019 and the draft District Strategy and Spatial Plan by May 2020

·        The work plan has an adoption date of August 2020 for the District Strategy and Spatial Plan. This is in alignment with the next Long Term Plan.

 

Recommendation

That Council approve the work plan for the development of the District Strategy.

 

1) Background

On 28 November 2018 a paper was received by the Governance and Strategic Relationships Committee recommending a change in scope to the District Strategy for the following reasons:

·    Administration has recognised the need to fully consider the strategies and directions of strategic partners so that opportunities are realised and a comprehensive set of goals can be developed for the District Strategy. Strategic stakeholder engagement was not included in the original work plan for the District Strategy

·    Administration recognises that effective partner engagement and community consultation is necessary for the end products, the District Strategy and the District Spatial Plan, to be a vehicle for change and a call to action for the District.

At the Governance and Strategic Relationships Committee meeting a resolution to approve a work plan was passed. The work plan is the subject of this report.

Also debated at the same Governance and Strategic Relationships Committee Meeting was a proposed list of organisations that Administration considers as strategic partners. The adopted list of Strategic Partners will form the basis of relationship building for the District Strategy.

2) Discussion and Options

The following work plan is proposed. As Administration undertakes background research and engagement with partners and stakeholders adjustments to the deliverables may be necessary. The adoption of the formal meeting calendars for 2019 and 2020 may also impact deliverable dates. Administration will bring any proposed amendments to the work plan to Council for discussion and direction.

Deliverable/Milestone

Due Date

A report to Council on:

·    A review of the strategic partner strategies for alignment and opportunities.  This will inform the District Strategy direction

·    An initial trend analysis using an approved dataset. This will inform the District Strategy

·    An environmental scan (threats and opportunities) that will inform the District Strategy.

May 2019

A summit with Council’s strategic partners

June 2019

A report to Council on:

·    The outcome of engagement with Strategic Partners on the District Strategy, including the identification of synergies and opportunities to collaborate

·    A recommended strategy sponsorship group for the District Strategy.

September 2019

A report to Council on:

·    The identification of high level draft strategic goals for the District Strategy.

February 2020

A report to Council on:

·    The adoption of a draft District Strategy for public engagement and consultation

·    A draft Spatial Plan for consultation

·    The outline of the public engagement and consultation plan.

May 2020

Public engagement complete.

July 2020

A report to Council:

·    Requesting the adoption of the District Strategy.

August 2020

 

Reason for the recommendation

The revised work plan proposed:

·    Ensures that identification of important stakeholders, partners, threats and opportunities for the development of the District Strategy is fully considered

·    Ensures that Council is recognising and aligning with strategic partners so that opportunities are realised for the benefit of the District as a whole

·    Ensures full high level strategic direction is established before spatial planning takes place.

3) Financial Implications and Budgetary Provision

A request for $50,000 of additional operational expenditure to support the work plan in 2019-2020 has been submitted to the Annual Plan process.

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

The District Strategy will be significant and will be subject to community engagement as a result.  However this proposal for the approval of a work plan to deliver the District Strategy is not significant as it does not meet the thresholds for the following;

·    Financial Impacts

·    Level of Public Interest

·    Effect on individuals or communities

·    Levels of Service

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 in this report to adopt a work plan for the District Strategy has minimal relevance to Council policies, legislation and community outcomes as stated in the LTP.

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 proposal in this report to adopt a work plan for the District Strategy has District wide relevance as it proposes to include Strategic Partners in the development of the District Strategy

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 and hapū are included as Strategic Partners and therefore will be part of the proposed Strategic Partners summit that is a key milestone in the proposed work plan presented in this document.

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.

·    Councillors

·    Administration

·    Strategic Partners

·    The Community.

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

The financial implications and budgetary provisions have been identified in section 3 of this document.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


6.7         Dog Management Policy and Bylaw 2018

File Number:           A2286027

Author:                    Emma Pilkington, Senior Policy Advisor

Authoriser:             Darrell Sargent, General Manager - Strategic Planning and Policy

 

Purpose of the Report

To adopt the Dog Management Policy 2018 and Dog Management Bylaw 2018.

Executive Summary

·        The existing Dog Control Bylaw 2006 and Policy on Dogs 2006 have been reviewed.

·        On 28 June 2018 the Council adopted a new proposed Dog Management Policy and Bylaw 2018 for public consultation.

·        An extended submissions period took place from 30 July to 24 September 2018. 1285 submissions were received. Hearings were completed on 30 October 2018.

·        Councillors deliberated on submissions at the formal meeting on 15 November 2018, including seven key topics that came out of the consultation. Decisions on amendments to the proposed policy and bylaw were made at the Council meeting on 27 November 2018.

·        This report presents the final policy and bylaw as per the deliberation decisions of 27 November 2018 for Council’s consideration and adoption.

Recommendation

That the Council:

a)      Pursuant to section 10 of the Dog Control Act 1996 and every other enabling power and authority, adopts the Far North District Council Dog Management Policy 2018 contained in Attachment 1, to come into effect on 4 February 2019;  

b)      Repeals the Policy on Dogs 2006 with effect from 4 February 2019;

c)      Pursuant to section 20 of the Dog Control Act 1996 and every other enabling power and authority, makes a bylaw entitled the Far North District Council Dog Management Bylaw 2018 contained in Attachment 1, to come into effect on 4 February 2019;

d)      Revokes the Dog Control Bylaw 2006 with effect from 4 February 2019; and

e)      Authorises the Chief Executive to make any minor edits or amendments to the Policy or Bylaw to correct any spelling or typographical errors and/or to reflect decisions made by Council at this meeting.

 

1) Background

·                The Dog Control Act 1996 requires Council to adopt a policy on dogs and make any necessary bylaws to give effect to the policy. This means that while the Dog Control Act 1996 requires dogs to be under control, a policy and bylaw is required to determine when and where dogs are prohibited, must be on a leash, off-leash and under control, or can exercise at large.

·                 

·                In adopting a policy, Council must have regard to:

·                 

a)   the need to minimise danger, distress, and nuisance to the community generally; and

b)     the need to avoid the inherent danger in allowing dogs to have uncontrolled access to public places that are frequented by children, whether or not the children are accompanied by adults; and

c)     the importance of enabling, to the extent that is practicable, the public (including families) to use streets and public amenities without fear of attack or intimidation by dogs; and

d)     the exercise and recreational needs of dogs and their owners.

 

Administration advice to support decision making has been informed by the following key considerations:

·    Protect community safety

·    Have regard to the exercise and recreational needs of dogs and their owners

·    Minimise the risk of injury or distress to stock, poultry, domestic animals and protected wildlife

·    A clear and consistent approach for enforcement

·    Easy to understand rules.

Council adopted a draft Dog Management Policy and Bylaw 2018 for public consultation on 28 June 2018.

A special consultative procedure took place from 30 July to 24 September 2018 throughout the District to ensure that residents of the Far North district were informed and given the opportunity to provide written and/or verbal feedback. Council received 1285 submissions.  Hearings were held in Kaikohe, Kaitaia and Kerikeri with the last day of hearings completed on 30 October 2018.

On 15 November 2018 the Council commenced the decision-making process. Administration provided recommendations on the following seven deliberations topics:

·    Off-leash and under control, and designated dog exercise areas

·    District-wide access rules (excludes beaches)

·    Dogs on beaches

·    Summer date and time rule for dog access on beaches

·    Limitation on the number of dogs

·    Responsible dog ownership

·    Resourcing implementation.

The Council requested further information be provided on the submissions and Administration’s recommendations. That information was provided to the Council meeting on 27 November 2018 and the Council made resolutions on amendments to be made to the proposed policy and bylaw.

2) Discussion

Administration has prepared a final Dog Management Policy and Dog Management Bylaw in accordance with the decisions made by Council at its meeting on 27 November 2018. The final Policy and Bylaw are in Attachment 1.

Reason for the recommendation

Bylaws expire after a fixed period of time if they are not reviewed or replaced. The Dog Control Bylaw 2006 and Policy on Dogs 2006 have been reviewed. On 28 June 2018 the Council adopted a Statement of Proposal to consult on a new Dog Management Policy and Bylaw 2018. Adopting the final Dog Management Policy and making the final Dog Management Bylaw 2018 will complete this process.

3) Financial Implications and Budgetary Provision

There is no direct cost involved in the adoption of the Dog Management Policy and Bylaw.  However Council has recognised, through the deliberations process, that implementation costs will be incurred by Administration (specifically District Facilities and District Services). While some preliminary cost estimates have been undertaken as part of the deliberations process, Administration will now be able to commence with the programme of cost estimates for implementation.

Attachments

1.       Dog Management Policy 2018 and Dog Management Bylaw 2018 - A2291599  


 

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 of high significance and has a high level of community interest as evidenced by the number of submissions received, media (including social) comment and lobbying by interest groups.

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

Dog Control Act 1996

Local Government Act 2002

Resource Management Act 1991

Our mission

Creating great places, supporting our people

Our values - tikanga

Kaitiakitanga: Environmental stewardship and sustainability

Mana tangata: Respect and fairness

Te Tiriti o Waitangi: Partnership

Tumanako - our expectations

Oranga taiao, oranga tangata: Nurturing the environment so it nourishes us

Mana i te whenua: The role of tangata whenua is valued and respected

Te ira tangata: Rich heritage and diversity respected and celebrated

Tangata whai ora: Happy, healthy, safe and purposeful people

State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.

This proposal has a District wide relevance. Community boards have been consulted on previous proposals, and Community Board Chairs provided their views at a Council workshop before pulbic consultation.

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.

Specific cultural considerations have  included:

-     protection of kai moana (particularly shell fish);

-     protection of taonga (indigenous wildlife).

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.

Given that this issue has district-wide relevance, a print, digital and radio media campaign was undertaken to raise awareness of the opportunity for submissions on the proposal, and the submissions period was open for eight weeks.

A Special Consultative Procedure in accordance with section 83 of the Local Government Act 2002 was undertaken.

Submissions analysis results have been taken into account in the preparation of Administration recommendations.

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

There may be additional costs associated with the decisions of this report. Financial implications will be considered within the Annual Plan process.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


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6.8         Alcohol Control Bylaw 2018 - Adoption

File Number:           A2292145

Author:                    Emma Pilkington, Senior Policy Advisor

Authoriser:             Darrell Sargent, General Manager - Strategic Planning and Policy

 

Purpose of the Report

To make the Alcohol Control Bylaw 2018 in Attachment 1.

Executive Summary

Council’s Public Places Liquor Control Bylaw 2003 will expire on 18 December 2018. Council has consulted on making the Alcohol Control Bylaw 2018 to replace the expiring bylaw. Public submissions and feedback from the Police support making the new bylaw, which is substantially to the same effect as the expiring bylaw.

This report:

·        contains an assessment of the new Alcohol Control Bylaw 2018 against the bylaw-making provisions of the Local Government Act 2002

·        confirms the new bylaw complies with the provisions of the Local Government Act 2002

·        recommends the new bylaw, in Attachment 1, be made

·        recommends Council declare, by resolution, areas to be “alcohol control areas” under the new bylaw.

 

Recommendation

That Council:

a)      Determines, under section 155 of the Local Government Act 2002, the Alcohol Control Bylaw 2018:

i.        Is the most appropriate form of bylaw, and

ii)      Does not give rise to any implications under the New Zealand Bill of Rights Act 1990;

b)      Determines, under section 147A of the Local Government Act 2002:

i)       The Alcohol Control Bylaw 2018 can be justified as a reasonable limitation on people’s    rights and freedoms, and

ii)      A high level of crime or disorder caused, or made worse, by alcohol     consumption, is likely to arise in areas of the Far North District if the Alcohol     Control Bylaw 2018 is not made, and

iii)      The Alcohol Control Bylaw 2018 is appropriate and proportionate in the light of       that likely crime or disorder;

c)      Makes the Alcohol Control Bylaw 2018 contained in attachment 1 to come into effect on 19 December 2018;

d)      Declares, in accordance with clauses 6.1 and 7.1 of the Alcohol Control Bylaw 2018, the areas in section 6 of “additional information to Alcohol Control Bylaw 2018” to be permanent alcohol control areas; 

e)      Authorises the Chief Executive to make any necessary minor edits or amendments to the Alcohol Control Bylaw 2018 to correct spelling or typographical errors or to reflect decisions made by Council at its meeting on 13 December 2018.

 

1) Background

Under the Local Government Act 2002 (LGA), Council can make a bylaw to prohibit or control the drinking or possession of alcohol in public places. The Council’s Public Places Liquor Control Bylaw 2003 will expire on 18 December 2018 unless it is replaced.

On 30 August 2018, Council adopted a statement of proposal to consult on a new Alcohol Control Bylaw. Council proposed the replacement Alcohol Control Bylaw would be to substantially the same effect as the expiring bylaw. This included keeping declared “alcohol control areas” (where the drinking, carrying or possession of alcohol is prohibited in public places) and enabling the Council to declare such areas by resolution, as permitted under section 151(2) of the LGA. A work programme to consider new alcohol control areas will begin in 2019.

Submissions were open from 8 September 2018 to 8 October 2018. The Council received 46 submissions on the statement of proposal for the new bylaw and held hearings in Kaitaia (18 October 2018) and Kaikohe (24 October 2018).

At its meeting on 27 November 2018 Council agreed to continue the process of adopting the proposed Alcohol Control Bylaw to replace the expiring Public Places Liquor Control Bylaw, with specific amendments. Administration has made the amendments to the new bylaw approved by Council and the amended bylaw is in Attachment 1.

2) Discussion and Options

Legislative requirements for making the bylaw

The LGA prescribes the process for making and replacing bylaws, including specific requirements for bylaws that deal with alcohol.  Before making the bylaw, Council must consider whether the bylaw complies with the relevant provisions of the LGA. The provisions, and an assessment of the bylaw against them, are summarised in Table 1 below.

Table 1: Assessment of new bylaw against provisions in LGA

Section number

Provision

Assessment

155(2)(a)

The proposed bylaw is the most appropriate form of bylaw.

Council determined the bylaw was the most appropriate form of bylaw when it adopted the statement of proposal for a new Alcohol Control Bylaw at its meeting on 30 August 2018. The reasons for this determination are set out in the statement of proposal on page 4 under the heading “Perceived issues” (a copy of the text is in attachment 2).

155(2)(b)

 

 

Whether the proposed bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990.

 

The relevant rights are in sections 16 and 18 of the New Zealand Bill of Rights Act 1990 – rights to freedom of peaceful assembly and movement. The bylaw does not restrict people’s rights to assemble in, or move around, the district, unless they are drinking or carrying alcohol at the same time.  The limits in the bylaw are justifiable under section 5 of the New Zealand Bill of Rights Act 1990 because they are reasonable, as described in the assessment below relating to section 147A(3)(a).

147A(3)(a)

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

The bylaw balances the rights of all people to freely use public places. The bylaw does this by ensuring that people who want to drink alcohol in public places can only do so when, and where, their drinking will not unreasonably affect other people who are using the place. The new bylaw is therefore justified as a reasonable limitation on people’s rights and freedoms.

147A(3)(b)

A high level of crime or disorder (being crime or disorder caused or made worse by alcohol consumption in the area concerned) is likely to arise in the area to which the bylaw is intended to apply if the bylaw is not made

Evidence provided in public submissions and the feedback from the Police confirms a high level of crime or disorder is likely to arise if the bylaw is not made.

147A(3)(c)

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

The bylaw does not prohibit or control the drinking or possession of alcohol throughout the whole district. There are no “blanket bans on drinking alcohol in public places across the district. The alcohol control areas that can be declared under the bylaw will be limited to areas where the public and the Police have provided evidence of likely crime or disorder caused or made worse by drinking alcohol. Further, in areas where crime or disorder is likely only on certain dates, or at certain times of the day, the alcohol control areas would be limited to those dates or times. The bylaw is therefore an appropriate and proportionate response to the evidence of likely crime or disorder caused or made worse by the drinking of alcohol.

 

Declaring alcohol control areas

The existing/expiring bylaw allows the Council to designate, by resolution, “specified public places” as places where drinking or possession of alcohol is prohibited or controlled. Under the new bylaw Council will be able to declare “alcohol control areas” by resolution. Administration recommends Council declare alcohol control areas that are the same as the “specified public places” under the 2018 Statement of Proposal with the following changes, that were approved by Council at its meeting on 27 November 2018:

·    Lily Pond alcohol control area to apply 24 hours, seven days a week, between 1 December and 31 January.

·    Tokerau Beach alcohol control area to apply 24 hours, seven days a week, between 1 December and 31 January.

·    Pukenui alcohol control area to include the wharf area and apply 24 hours, seven days a week all year.

·    The existing bylaw map for Moerewa, in the Public Places Liquor Control Bylaw 2003, is retained.

A list of the declared alcohol control areas will be attached to the bylaw under the heading “Additional Information to Alcohol Control Bylaw 2018” and the list is included in Attachment 1.

Reason for the recommendation

Administration recommends the Alcohol Control Bylaw in Attachment 1 be adopted by Council to:

·        continue prohibiting or controlling the drinking and possession of alcohol in public places where alcohol-related crime or disorder are likely to arise

·        enable Council to declare, by resolution, alcohol control areas when there is evidence of alcohol-related crime or disorder in those areas

·        meet Council’s community outcome of “communities that are healthy, safe, connected and sustainable”.

The new bylaw meets the requirements of sections 155 and 147A of the LGA.

3) Financial Implications and Budgetary Provision

Administration is working with the Kaipara District Council and the Whangarei District Council to provide consistent signs for alcohol control areas throughout Northland. District Services have already produced replacement sticker signs in both English and Te Reo, to cover old signs. Budget for the signs was not allocated, so cost savings were found and funds re-allocated from within Administration’s budget. The Police are responsible for the enforcement of the alcohol control areas, so there are no costs for enforcement that need to be met by the Council.

Attachments

1.       Alcohol Control Bylaw 2018 - A2290178

2.       Extract from Statement of Proposal for new Alcohol Control Bylaw - A2286363  


 

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 new bylaw is of low significance because it is to substantially the same effect as an existing bylaw.

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

Public Places Liquor Control Bylaw 2003

Long Term Plan 2018-2028

•        Community outcomes:

-        Communities that are healthy, safe, connected and sustainable

State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.

The new bylaw has district-wide relevance.  Community Board Chairs provided their views on the bylaw at an Elected Member workshop on 8 August 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.

The new bylaw has no relevant or specific implications for Māori that are different from the implications for the population generally. Council received submissions on the statement of proposal from Te Tiriti O Waitangi Maori Committee and Kororareka Marae. The submissions supported the proposal.

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 new bylaw affects all residents and visitors in the Far North District.  Council sought submissions from the public on the statement of proposal for the new bylaw.  Council considered all the submissions received in its deliberations on 27 November 2018.

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

There are financial implications for providing signs at the alcohol control areas.  These implications are considered in section 3 of this report.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

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Attachment 2

Extract from Statement of Proposal for new Alcohol Control Bylaw 2018 (adopted by Council at meeting on 30 August 2018)

 

Perceived issues

 

The consumption of alcohol in public places and the bringing and possession of alcohol onto public places encourages crime and disorder and incidents of alcohol related harm. This is supported by evidence provided by New Zealand Police.

 

The consumption of alcohol in public places can be a cause of concern for both the general public, and those consuming the alcohol, in that it can incur alcohol related harm situations.

Often the problem is experienced in areas where people congregate, either in the vicinity of licensed premises or in public areas where social gatherings occur, such as beaches or parks.

Alcohol related harm through the consumption of alcohol in public places can include:

·    damage to private property or public assets

·    aggressive, intimidating or offensive behaviour towards others

·    public disorder/nuisance behaviour such as fighting

·    nuisance issues through noisy and disruptive behaviour.

 

When alcohol is being consumed in a public place that may lead to the above types of behaviours, Police Constables have limited powers under other legislation to ‘stop the problem before it starts’.

The enforcement tools available under an alcohol control bylaw are more effective because they are instant and less time-consuming than other options.

Is a bylaw the most appropriate way of addressing the problems?

A proposed bylaw is considered the most appropriate way of reducing alcohol-related harm.

Is the proposed bylaw the most appropriate form of bylaw?

The proposed bylaw addresses the perceived problems and has been updated to comply with legislative changes.  

Does the proposed bylaw give rise to any implications under the New Zealand Bill of Rights Act 1990 / can the proposed bylaw be justified as a reasonable limitation on people’s rights and freedoms?

The Bill of Rights protects the human rights and fundamental freedoms of all people in New Zealand, including the right to freedom of movement. The proposed bylaw, together with the associated enforcement provisions, provides that Police Constables can ask people to leave public places that are subject to a permanent or temporary alcohol control, if they are in possession of alcohol (s169 and s170 LGA).

 

The proposed restrictions are considered to be fair and reasonable in the interest of reducing alcohol related harm in public places. The bylaw does not restrict the movement of people who are not in possession of alcohol or those drinking alcohol on private premises. Police Constables have complete discretionary powers in enforcing the bylaw. If Constables witness alcohol consumption within an alcohol control area and they do not consider the activity to be of concern relating to potential alcohol related crime and disorder, they are not obliged to enforce the bylaw.

 

It is considered that the proposed bylaw does not give rise to any implications under the New Zealand Bill of Rights Act 1990 and that for public health and safety reasons the proposed bylaw can be justified as a reasonable limitation on people’s rights and freedoms.

 

A high level of crime or disorder (relating to alcohol consumption) is likely to arise again if the bylaw is not made, and the bylaw is appropriate and proportionate in the light of that likely crime or disorder.

 

 


Ordinary Council Meeting Agenda

13 December 2018

 

7            Corporate Services Group

7.1         Council's Directions Sought Regarding Consutations for Te Kao Water Scheme Loans

File Number:           A2214192

Author:                    George Swanepoel, In-House Counsel

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

 

Purpose of the Report

To seek direction from Council on acceptable terms and conditions for the provision of interest free loans to those residents at Te Kao who wish to apply in order to purchase rainwater tanks.

Executive Summary

·        Through the 2018-28 Long Term Plan, Council resolved to provide financial assistance to Te Kao ratepayers for the installation of water tanks in order to establish independent household potable water supply as an alternative to using the unsafe, non-potable Doubtless Bay supply.

·        Council further resolved that financial assistance should be by way of an interest free loan, and that staff consult with the Te Kao community on this offer.

·        In order to give effect to the resolution, acceptable terms and conditions for both Council and the borrower must be established.

·        In doing so, consideration must be given to the Te Kao community’s ability to service loans given circumstances that include low household income and current rates arrears. For this reason, Council may wish to reconsider the provision of a grant as recommended as a result of public preference recorded during consultation on the 2018-28 Long Term Plan.

 

Recommendation

That Council 

a)         Revokes its previous resolution made at the Council meeting on 24 May 2018 “that council consults with Te Kao community on an interest free loan for those who wish to take up the offer”

b)        approves a grant of $371,000 to achieve affordable potable water in Te Kao for the purchase and installation of (up to) two 25,000 litre rainwater tanks for approximately 65 properties currently connected to the Doubtless Bay Water Supply Company Ltd’s water supply scheme at Te Kao.

c)         delegates to the CEO the ability to negotiate and conclude an agreement for the administration of the grant of $371,000 with a suitable entity on Council’s behalf.

 

 

1) Background

In 2002 FNDC divested the Te Kao water scheme to the Doubtless Bay Water Supply Company Limited.

The scheme delivers reticulated water to 65 properties. The water supplied is not potable and is not safe to drink. The cost of an upgrade to bring the water standard up to required safety standards, even after taking into account potential Ministry of Health funding, was considered unaffordable by the affected ratepayers.

The Te Kao community has been consulted on various options for the provision of potable water. The issue was then put to the wider community as part of the 2018-28 Long Term Plan consultation, gathering feedback on the preferred method of establishing a potable supply and the community’s thoughts on how Council could financially support the Te Kao community to resolve the issue.

As a result of consultation Council resolved to support the installation of rainwater tanks, considering this to be the fastest and most affordable way of providing Te Kao with safe drinking water. In deciding this course of action Council also acknowledged that funding the purchase and installation of rainwater systems may be beyond the reach of many in the Te Kao community where nearly a third of households earn less than $20,000 a year. Feedback from the community indicated support for the provision of financial support in the form of grants for tanks only to an estimated total value of $371,000. Following debate, Council resolved to instead consult the Te Kao community on an interest-free loan for those who wish to take up the offer.

In order to give effect to the resolution, the terms and conditions supporting the loan offering must be considered and agreed, along with the risk of default and the potential for the loan to resemble a grant by stealth should substantial default occur. Once terms and conditions have been agreed staff will proceed to consultation with the affected community.

2) Discussion and Options

Funding safe drinking water at Te Kao

Legal

Council has legal obligations under the Local Government Act 2002 to meet the current and future needs of communities for good quality infrastructure (which by definition includes water supply), and to carry out assessments of its water supply from time to time and to consider, amongst other considerations, any health risks arising as a result of deficiencies or inadequacies in the water supply.

The Health Act 1956(HA) imposes a duty on Council to improve, protect and promote public health within its district, and the Building Act 2004 (BA) imposes a duty on Council to take action to prevent the use of insanitary buildings (which includes a dwelling that does not have a potable water supply).

Council has resolved to support drinking water supply using rainwater tanks in Te Kao. A high‑level estimate for the provision of individual roof water tanks with a domestic filtration and disinfection system, domestic water pump, first‑flush filters is in the order of $5,000 to $15,000 per dwelling, depending on whether the replacement of the dwelling’s gutters is required, and the number of tanks (two 25,000 litre tanks would provide greater storage during dry periods).

Council proposed for staff to consult on funding the purchase of the water tanks by way of interest free loans. There are a number issues the need to be resolved and which Council staff need some clear direction from Council regarding the proposed loan, its structure terms and repayment these are set out below to highlight the difficulty with this proposal.

Council is not currently staffed or geared to administer a financial loan scheme.

 

Option 1: Proceed to Consultation and agree terms and conditions on a proposed loan to affected Te Kao ratepayers.

There are a number issues that the need to be resolved prior to consultation, if Council chooses this option. The staff will need clear direction regarding the proposed loan, its structure terms and repayment, the difficulties with which are set out below.

What are the limits of the Interest free loan?

To what extent can a ratepayer borrow?

The original staff recommendation was for a grant for the purchase of 2 water tanks per property:

The staff recommendation for the issue is:

1.10a) That Council approves a grant of $371,000 to achieve affordable potable water in Te Kao for the purchase and installation of (up to) two 25,000 litre rainwater tanks for approximately 65 properties currently connected to the Doubtless Bay Water Supply Company Ltd’s water supply scheme at Te Kao.

1.10b) That Council delegates to the CEO the ability to negotiate and conclude an agreement for the administration of the grant of $371,000 with a suitable entity on Council’s behalf.

1.10c) That Council agrees, upon request from the Te Kao community, to consider alternative uses of the grant funding that achieve affordable potable water in Te Kao (such as rainwater tank with treatment at each property plus bore for “top up supply” using existing pipe network or a new community owned water treatment plant, new pipework and new bore supply in line). 

 

The above recommendation was not followed but the subsequent Council resolution

“That Council shall not provide a grant to Te Kao residents for rainwater tanks, and that Council consults with Te Kao community on an interest free loan for those who wish to take up the offer.”

does not advise as to what amount any individual the ratepayer can borrow. Is it envisaged that the ratepayer can borrow the full amount required for the water tank system, does that include, replacing the gutters in need, filtration UV or does the loan only include the water tanks?

Assuming an average cost per property of $15,000 for the remediation works, each loan provided by Council would result in a commensurate increase in Council’s debt level. Therefore is it Council’s intention to impose a limit of $15,000 per household or a lesser or greater sum or the actual cost of each system?

Affordability

Council needs to be mindful that they are in large measure dealing with low income households and any additional costs could put an additional burden on a household.  In this regard the Credit Contracts and Consumer Finance Act 2003 (CCFA) at section 9(3)(a)(ii)

(3) The lender responsibilities are that a lender must, in relation to an agreement with a borrower,—

(a) make reasonable inquiries, before entering into the agreement, so as to be satisfied that it is likely that—

(i) the credit or finance provided under the agreement will meet the borrower’s requirements and objectives; and

(ii) the borrower will make the payments under the agreement without suffering substantial hardship;

 

What criteria will there be to qualify for the loan?

What criteria should be used to determine the borrower’s ability to service the loan in order to meet the requirements of the CCFA?

Is the borrower required to be the land owner? The issue here is half the properties involved are on Maori multiple owned freehold land (MFL) so how do they qualify? Further, is the ratepayer required to provide an initial deposit if council is to only fund a portion of the cost of installing the tanks?

Who gives final approval for the Granting of the loan?

As any loan would result in Council incurring an unbudgeted cost, Council approval is required for each loan.  It is proposed that Council approval to enter into loan agreements with the property owners be delegated to the Mayor and Chief Executive. 

 

Repayment Options

What is term of the Loan?

Over what period of time does Council envisage that the loan will be paid? Given the loan is to be interest free should the lending period be determined by the size of the loan? Or is it to be limited to a specific time period?

Of concern is that the majority of households in Te Kao have an income of less than $30 000pa. They simply may not have the means to repay the loan.

This problem is highlighted when looking at the rates arears. There is an almost 50:50 split between general title (GT) and MFL properties and Council is carrying significant arrears around the MFL one already.

 

Number of assessments

Arrears

Statute Barred

Remission

DIA Rebate

All

139

$376,381.37

-$105,816.85

-$1,488.35

4

MFL

64

$304,917.00

-$96,999.18

-$432.37

2

GT

75

$71,464.37

-$8,817.67

-$1,055.98

2

·                 

It is interesting to note that only 4 properties qualify or have applied for rebate.

Given the requirements of the CCFA and the above table no matter what criteria Council sets for the loans it is well aware that these particular ratepayers cannot afford the loans even if interest free.  To grant  a loan in these circumstances would result in Council breaching the CCFA.

Further If Council grants a loan to ratepayers that they cannot afford to repay and the ratepayer then fail to do so, it places Council in an invidious position. For how does Council then enforce the collection of the arrears? But as it was well aware from the beginning that the effected ratepayers could not afford the loan not enforcing the collection of the debt will be deem the loan to be a grant by stealth.  This has a high reputational risk.

How is the loan to be secured?

·                Statutory land charge:

This is a charge that can be put onto a property’s title. This then gets paid back when the land is sold. However if the tenure is in multiple‑owned Maori land, then the land is unlikely to be sold. There is no statutory timeframe to pay back.  If the landowners choose not to pay, or sell the property, then the Council (the rest of the community) gets left holding the debt. 

Mortgage.

A mortgage is a debt instrument, secured over the borrower’s real estate property. The borrower is obliged to pay back with a predetermined set of payments. This is costly as it requires the loan to be documented and a mortgage is then registered over the title by a solicitor. The cost is generally between $750 and $1000. Once the loan is paid in full the mortgage is discharged. If there is a failure to pay legal proceedings can be initiated to sell the real estate property.

Personal Property Securities Register (“PPSR”).

The loan could secured by registering a PPSR (General security agreement).  This could secure the outstanding debt against the property (but ranking behind any mortgages) and require regular repayments.  It can be registered specifically over the water system or assets generally. In the event of repayment default security is similar to the mortgage and may entitle the removal of  the item secured by the PPSR.

To whom is the loan paid

When and to whom does council pay out the money to? One would assume at the very least to determine the amount of a loan a quote needs to be supplied.  Preferably the quote should be from a preferred or agreed supplier. It should be a term of the agreement that the payment be made directly to the supplier on installation. There is a risk that the owner may then look to Council if something goes wrong with the system.

 

This option for the various issues highlighted above is not recommended.

 

Option 2: Rescind the resolution to Consult on interest-free loans and pass a new resolution to provide grants to the Residents of Te Kao to purchase up to two water tanks for the harvesting of rainwater.

Community

The community relies on Council to ensure it manages health risks arising as a result of deficiencies or inadequacies in water supplies to dwellings.  Where health risks are identified, the community expect Council to work with the affected members of the community to remediate the issue.

 

This was highlighted in the Consultation on how safe potable water (proposed to be water tanks with treatment) could be made affordable for the community. (See Attached report)

 

No option gained a majority; but there was majority support (57%) for a grant of some type to be made to the Te Kao community.  26% of submitters on this question thought the grant should cover all work (including spouting and rooves, estimated cost @$1,000,000) and 31% thought it should cover the costs of two rainwater tanks (estimated at $371,000).  There is therefore a mandate from those who responded to this question to provide a grant.

Therefore it is recommended that Council reconsider the proposed grant as recommended by staff during the LTP deliberations (the original recommendation is below):

The staff recommendation for the issue is:

a) That Council approves a grant of $371,000 to achieve affordable potable water in Te Kao for the purchase and installation of (up to) two 25,000 litre rainwater tanks for approximately 65 properties currently connected to the Doubtless Bay Water Supply Company Ltd’s water supply scheme at Te Kao.

b) That Council delegates to the CEO the ability to negotiate and conclude an agreement for the administration of the grant of $371,000 with a suitable entity on Council’s behalf.

 

Reason for the recommendation

The recommendation is made as the proposed interest free loan option could result in a breach of the CCFA and the reconsideration of the staff recommendation proposed in the Long Term Plan deliberations appears to be the only viable option to supply potable water to Te Kao residents .

3) Financial Implications and Budgetary Provision

There is no provision for this in the current Long Term Plan and will to be considered in the 2019/2020 Annual Plan.

Attachments

1.       EXTRACT Pages from 2018-05-24 Council 7.2a LTP Deliberations Issues and Recommendations - A2214210

2.       EXTRACT Pages from Consultation Document for the Long Term Plan 2018-28 - A2214214  


 

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

High

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, Health Act 1956, Building Act 2004, Contracts and Consumer Finance Act 2003.

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.

There are a number of potable water schemes in the district that are no longer viable and there is a need to formulate a viable policy going forward.

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.

Maori have been consulted as part of the Tekao community.

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.

Te Kao residents and ratepayers.

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

$371 000. No provision has currently been made for this grant.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Ordinary Council Meeting Agenda

13 December 2018

 

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Ordinary Council Meeting Agenda

13 December 2018

 

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7.2         Exemption to be granted - Section 7 of the Local Government Act 2002 - Council Controlled Organisations

File Number:           A2230248

Author:                    Janice Smith, Chief Financial Officer

Authoriser:             Samantha Edmonds, General Manager - Corporate Services

 

Purpose of the Report

To seek  exemption under S7 of the Local Government Act 2002, for Roland’s Wood Trust, Te Ahu Charitable Trust and the Pou Herenga Tai Twin Coast Cycle Trail Charitable Trust.

Executive Summary

·        On 25 June 2015 Council resolved, pursuant to Section 7(3)-(5) of the Local Government Act 2002 (the Act), to grant Roland’s Wood Trust and Te Ahu Charitable Trust exemptions from the meaning of a Council-Controlled Organisation. The exemption acknowledges the negative impact of compliance costs arising from the Act for small, non-trading organisations and exempt organisations are not subject to the provisions of Part 5 of the Act - Council-controlled organisations and Council organisations. This exemption has expired.

·        The purpose of the report is to seek approval to re-instate the exemptions granted in 2015 and to include the Pou Herenga Tai Twin Coast Cycle Trail Charitable Trust in that exemption.

 

Recommendation

That Council

a)         grant the following exemptions under Section 7 of the Local Government Act 2002:

i)          Roland’s Wood Trust is exempt under Section 7(3)-(5) of the Local Government Act 2002 on the grounds that the Trust is considered to be “a small organisation”;

ii)         Te Ahu Charitable Trust is exempt under Section 7(3)-(5) of the Local Government Act 2002 on the grounds that the Trust is considered to be “a small organisation”;

iii)       Pou Herenga Tai Twin Coast Cycle Trail Charitable Trust is exempt under Section 7(3)-(5) of the Local Government Act 2002 on the grounds that the Trust is considered to be “a small organisation;

b)        where the Trust Deeds requires financial statements to be prepared and an auditor appointed, the organisations are not exempted from these requirements and audited accounts must be presented to Council within six (6) months of the organisation’s balance date.

 

 

1) Background

Section 7 of the Local Government Act 2002 (the Act) provides that, given particular circumstances, Council-controlled organisations can be granted an exemption which removes them from the meaning of a Council-controlled Organisation (CCO) as set out in Section 6 of the Act.  The effect of this is that exempt organisations are then not subject to the provisions of Part 5 of the Act, thereby reducing their cost of compliance.

Section 7(3) empowers a local authority to exempt a small organisation, that is not a Council-controlled trading organisation (CCTO), from the meaning of a Council-controlled Organisation or Council Organisation after taking into account matters specified in subsection (5).

Whilst “small” is not defined within the Act, Section 7(5) of the Act specifies the matters to be considered as:

   (a)  the nature and scope of the activities provided by the organisation; and

   (b)  the costs and benefits, if an exemption is granted, to the local authority, the council-controlled organisation, and the community.

 

Section 7(4) states that an exemption must be granted by Council resolution.

Council may, at any time, revoke an exemption it has granted. 

2) Discussion and Options

On 25 June 2015, Council granted exemption under Section 7 of the Act to the following organisations:

·    Roland’s Wood Trust

This trust administers a bequest of one hundred and fifteen thousand dollars ($115,000) for the purpose of maintaining a reserve near Kerikeri.

·    The Te Ahu Charitable Trust

At the time of the exemption, the operational aspects of the Te Ahu Centre were managed by Council and the Trust had limited activity in its own right. However, since 1 July 2017, the Trust has operated the centre and Council have become tenants within the building. This has not changed the reasoning behind seeking exemption as the Trust retains charitable status and the costs associated with the ongoing requirements of the Act are prohibitive for the Trust.

There has been no change in the status of either of these two Trusts and so it is recommended that exemptions be granted for both the Roland’s Wood Trust and the Te Ahu Charitable Trust.

 

·    Pou Herenga Tai Twin Cost Cycle Trail Trust

This Trust is newly formed and has commenced activity in 2018. As the Trust is in “start-up” mode and has charitable status and the costs associated with the ongoing requirements of the Act are prohibitive for the Trust, it is recommended to extend the exemption to encompass this Trust going forward.

 

Audit of Exempt CCOs and Other Organisations

Once an organisation has been granted an exemption it is no longer subject to the provisions of the Act, in particular Part 5, which includes the requirement to prepare financial statements for audit by the Auditor-General. However, an entity such as a Trust or incorporated society may be required to prepare financial statements and have them audited under the terms of its Trust Deed or Rules.

Further, an exemption given by a local authority from the accountability provisions set out under the Act does not absolve the organisation from the normal accounting or reporting requirements and which may also be stipulated in the Trust Deed or Rules.

Under the Public Audit Act 2001, the Auditor-General must audit the financial statements and other information that a public entity is required to have audited (Section 15). Where an exempt Council organisation is a public entity by virtue of the control test in Section 5 of the Public Audit Act 2001, the Auditor-General will continue to be the exempt organisation’s auditor. In these circumstances, the audit will be conducted under the authority of the Public Audit Act, rather than the Local Government Act. Where there is no audit requirement, Council would no longer need to audit an exempt CCO.

Exemption Criteria

Far North District Council introduced a set of criteria to determine whether a Council organisation should be granted an exemption from the CCO provisions of the Act.  These are:

(a)        For Council organisations and CCO’s with a turnover of less than $100,000.00 per annum, no audit is required (unless specified in a Trust Deed) but accounts must be presented to Council within six (6) months of balance date

(b)        For Council organisations and CCO’s with a turnover of between $100,000.00 and $250,000.00 per annum, Council may grant an exemption lasting up to three years pursuant to the provisions of the Act

(c)        For CCO’s and other organisations with turnover in excess of $250,000.00 per annum, no exemption is granted.

The basis of these criteria is the nature and scope of organisations of these sizes where the costs of complying with the CCO requirements exceed the benefits that the organisations provide to the community.

Reason for the recommendation

It is recommended that the exemption be granted for the Roland’s Wood Trust, Te Ahu Charitable Trust and Pou Herenga Tai Twin Coast Cycle Trail Trust, pursuant to the provisions of Section 7(3)-(5) of the Local Government Act 2002, on the grounds that the nature and scope of organisations of these sizes are such that the costs of complying with the CCO requirements exceed the benefit that the organisations provide to the community.

3) Financial Implications and Budgetary Provision

There are no specific financial implications relating to 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 as specified in the report

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.

None

Chief Financial Officer review.

The report was prepared by the Chief Financial Officer

 

 


Ordinary Council Meeting Agenda

13 December 2018

 

7.3         Confirmation of Formal Meeting Calendar 2019

File Number:           A2268430

Author:                    Kate Barnes, Governance Support Team Leader

Authoriser:             Samantha Edmonds, General Manager - Corporate Services

 

Purpose of the Report

To confirm changes to the Formal Meeting Calendar adopted 25 October 2018, as a result of a workshop on 15 November.

Executive Summary

·        Small changes have been made to 2019 Formal Meeting Calendar

·        Staff will make process improvements to support the new calendar

 

Recommendation

That Council:

a)         adopts the amended 2019 Formal Meeting Calendar (A2268437)

b)        delegates authority to the Chief Executive to amend the Formal Meeting Calendar if required

 

 

1) Background

At Council’s meeting on 25 October a Formal Meeting Calendar for 2019 was adopted. However there was the proviso that it could change as a result of a workshop on 14 November, to address a resolution set in February 2018 to review the operation of the new committee structure within six months of commencement.

The workshop covered a number of issues, including what was working well and what could be improved.  Notes from the workshop have been appended.

It also acknowledged the upcoming LGNZ Equip diagnostics exercise with elected members on 26 November, which will focus on building elected members’ strengths and performance. The discussion did not result in major changes to the committee structure, and no review period was set or confirmed at this workshop. However, the attendees agreed to some interim process improvements to better manage workloads for Councillors.

2) Discussion and Options

The amended calendar features the following agreed changes:

·    24 April Council moved to 18 April

·    Infrastructure Network Committee moved to the week before Governance and Strategic Relationships and Audit, Risk, And Finance

·    Procurement Board meetings will be set to align with Infrastructure Network Committee

·    Additional workshops to replace dates used for Infrastructure Network Committee

Senior managers will work to increase their engagement with Committee chairs ahead of agenda development, and look to developing standing agenda items for meetings in 2019.

Reason for the recommendation

To confirm Council’s formal meeting dates for 2019.

3) Financial Implications and Budgetary Provision

No anticipated changes in costs to servicing formal meetings.

Attachments

1.       Amended Draft 2019 Formal Meeting Calendar - A2268437

2.       Presentation for Review of Council Committee Structure - 14 Nov - A2269982

3.       Workshop Notes Review of Council Committee Structure 14 Nov 2018 - A2269983  


 

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.

Standing Orders

Local Government Official Information and Meetings Act 1987

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.

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. Proposal based on workshop discussions.

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

Stated in report.

Chief Financial Officer review.

The Chief Financial Offier has not reviewed this report

 

 


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Ordinary Council Meeting Agenda

13 December 2018

 

8            Chief Executive Officer

8.1         Chinese Economic Development Visit report

File Number:           A2283786

Author:                    Jaime Dyhrberg, Executive Officer

Authoriser:             Shaun Clarke, Chief Executive Officer

 

Purpose of the Report

To report on the activities and outcomes from the Chinese Economic Development Visit.

Executive Summary

·        Mayor Carter, Councillor Macauley, and Andy Nock, Far North Holdings Limited (FNHL) CEO, visited China between 10 November and 17 October 2018 to promote inward investment to the Far North

·        The visit was coordinated by FNHL and their report, on behalf of the touring party, on the visit is attached.

 

Recommendation

That the Council receive the report on the Chinese Economic Development Visit.

 

 

1) Background

The Council approved Mayor Carter and Councillor Macauley participating in the Chinese Economic Development Visit at its meeting on 30 August 2018.

2) Discussion and Options

The report on the activities and outcomes from the Chinese Economic Development Visit between 10 November and 17 October 2018 is attached.

Reason for the recommendation

The report on the visit satisfies the accountability requirements of the Elected Members’ Allowances and Reimbursement Policy.

3) Financial Implications and Budgetary Provision

There are no financial implications arising from the report.

Attachments

1.       Report to China FNDC Council meeting December 2018 - A2284830  


 

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 is not a significant issue.

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

The report on the visit satisfies the accountability requirements of the Elected Members’ Allowances and Reimbursement 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.

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.

The interests and investment opportunities are covered in the report.

Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences.

N/A

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

The costs for Mayor Carter and Councillor Macauley were funded from the Sister Cities budget.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Ordinary Council Meeting Agenda

13 December 2018

 

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Ordinary Council Meeting Agenda

13 December 2018

 

8.2         CEO Report to Council: 1 October - 30 November 2018

File Number:           A2275262

Author:                    Kaela Allison, Systems & Project Accountant

Authoriser:             Jaime Dyhrberg, Executive Officer

 

Purpose of the Report

The purpose of the report is to present the Chief Executive Officer’s Report - Period: 1 October – 30 November 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 CEO Report to Council: 1 October - 30 November 2018

 

 

Background

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.

Discussion and Next Steps

 

Financial Implications and Budgetary Provision

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

Attachments

1.       CEO Report to Council_1 October - 30 November FINAL - A2292471  

 


Ordinary Council Meeting Agenda

13 December 2018

 

FNDC Horizontal Logo

 

 

 

 

 

 

 

Chief Executive Officer’s Report To Council

Period: 1 October – 30 November 2018

 

 

 

 

 

 

 

Key Work Plan Areas:

CEO Office

Strategy

Governance

Corporate

Operations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Introduction

Welcome to this CEO report, which provides an overview on the Council’s activities for the period

1 October – 30 November 2018.

 

Welcome to the latest summary report of Council activities

In this report we are aiming to present an overview across all activities that Council undertakes. As such we have placed emphasis on the relevant issues and pressures Council is experiencing whilst meeting its objectives to the community.

It is our desire that this report is easily understood by Elected Members and ratepayers alike, feedback is welcome as it allows us to improve.

 

Introduction from Shaun Clarke, Chief Executive

Activity rates for the October-November 2018 reporting period have been high as we culminate towards the Christmas break. Key features of the period include the continued growth of the District; the good work being done to support Elected Members in community outreach; and the measures being taken at governance and staff levels in striving for excellence as an organisation.

Workloads remain high in the consenting processes of council, with Resource Consent applications and Building Consent applications sitting at 21% and 16% above the four year average respectively. In the case of the Building Consents, the seven-month overhaul of our processes has produced a range of improvements, many of which were launched on 1 November 2018 and which we now expect to start showing in our KPIs for the function. The significant outsourcing of some of our most complex work to a selection of supporting contractors is providing significant relief, but demand remains high. The silver lining to the problem is the level of sustained development which our district continues to enjoy.

Outreach to our communities has most notably included the Dog Policy and Bylaw consultation work coming to a head with policy deliberations during the period. Staff have taken great care to provide a meticulous chain of drafts, consultation, submissions, hearings, and summary reports of these to Council. The best possible decision support has been provided in putting feedback and options in front of councillors for evidence-based deliberations. We look forward to the successful passage of new policy and bylaw at the December Ordinary Council Meeting.

In other commendable outreach, staff have been on the road with District Plan consultation on a schedule of 13 key community locations. The effort has been well received and rewarded by generally strong community participation. The latest Nga Kuri Auau ‘chip n snip’ event was held during the period with extremely positive community feedback, and yet more national-level accolades for this initiative (with other councils now indicating an interest in replicating our model). I acknowledge the discretionary effort that staff are putting into the support of Elected Members with a number of after-hours and weekend public and other meetings during the period. These include, as examples: the support of staff with Elected Members at the Bay of Islands Pastoral and Industrial Show in Waimate North; the Labour Day effort of staff on achieving their programmed LTAF (Long Term Asset Funding) milestones, and the on-going support of staff on meetings such as those focussed on the Kaeo water supply challenge.

The pursuit of excellence for the FNDC continues to break new ground. The ‘four excellences’ of ‘Governance, Customer, Operational and Cultural’ continue to motivate CEO KPI work. Other progress of particular interest includes:

·    The contracted ‘Diagnostics’ work being done to team-build and refine Governance practices within the Council Elected board

·    The engagement of Local Government New Zealand in our wish to schedule a CouncilMark reassessment of FNDC in 2020

·    An exchange visit by the FNDC Strategic Leadership Team (SLT) to its Waimakariri District Council peer group (as a ‘double A’ CouncilMark example) and

·    An SLT retreat to plan ‘Leadership and Culture’ strategy for the advancement of Council performance and character.

 

There is a genuine striving to be the best council we can be, and numerous elements in the form of programmes and projects are continuing to build to make that real. CouncilMark provides an excellent vehicle for the achievement of a coherent and externally benchmarked approach to that pursuit of excellence.

This is the final CEO Report to Council for the year. I will be issuing a Christmas Message later in December which will identify some our key achievements for the year. In the pattern we prefer, of recognising our ‘lessons learned’ ahead of our wins, we sometimes lose sight of the tremendous volume and quality of delivery which is achieved by the FNDC, and of the high level of community satisfaction which is shown in the statistics of all but our most challenging areas. It will be good to take stock at that point.

In the meantime, the staff of FNDC wish the Elected Members the very best of Christmas breaks, and we look forward to reporting again at the first opportunity in the New Year 2019.

Please note: this report covers activities and outputs of the Far North District Council for the period 1 October to 30 November 2018. Due to the earlier timing of the December Ordinary Council Meeting, statistics have only been processed for the month of October. Notwithstanding, the account of activities for both months is complete.

 

 

 

 

 


 

CEO Office

Waimakariri District Council Executive Exchange

The Strategic Leadership Team went on executive exchange with counterparts from Waimakariri District Council (WDC).  WDC received a AA rating in their CouncilMark report and the exchange was an opportunity for the SLT to understand the building blocks they put in place to achieve this grade.  It was also an opportunity for the SLT to share our improvement journey with WDC.

Key insights from WDC were:

·    the importance of having a unifying purpose that focuses the entire organisation;

·    being innovate in addressing infrastructure funding and provision challenges;

·    building high levels of trust between Elected Members and the executive; and

·    confidently engaging with communities, stakeholders, and ratepayers.

 

People and Capability

Diversity Training

During October, 22 organisation wide training sessions on Diversity and Inclusion were attended by 322 staff.

All council employees took the opportunity to share their experiences and perspectives on working within a diverse workforce. Feedback on the training was positive with many staff commenting on a wider understanding of diversity enhanced by the open and honest nature of the workshops.

These workshops will become a regular feature of the staff development programme across Council.

Refocus – Corporate Services

Consultation with Corporate Services staff on an improved group structure has been completed.  Interviews are currently in progress with all appointments scheduled to be in place and the new structure up and running on 3 December 2018.  There is no change to the FTE headcount across the Corporate Services Group.

Functional Review – District Services

Consultation with District Services staff on a functional review has been completed. It is now in the recruitment phase with a number of roles having been filled. The new structure is on schedule to be fully operational on December 1.

 

 

Health, Safety & Wellbeing

Summary of Activities

The Health and Wellbeing initiative – Move Aotearoa concluded during the reporting period. Two teams reached the ultimate goal to walk the length of the country, with an average of 1.5 million steps per team accumulated across eight weeks.

The Mental Health Foundation NZ programme, focussed on building a mental health culture in the workplace was introduced to all managers in November.  Staff sessions are planned across December and January.

During October the first quarterly Health, Safety & Wellbeing Induction session was held for our volunteer groups. Ten groups were represented from around the district and were provided with tools and information, including clear expectations from Council with regard to the shared duty of care.  The second session is planned for quarter three of this financial year.

 

PeopleSafe Stories

·    Fifteen stories told during the month of October

·    Threatening behaviour related stories continue to track as the highest told story

·    The average number of stories told each month for the 12 months to date  is sixteen

 

 


 

Staffing, Salaries and Training

Current Staffing Levels

Actual Head Count
at 31 October 2018

Actual Full Time Equivalent (FTE) at 31 October 2018

2018-19 Annual Plan Establishment (FTE)

346

329.7

356

Salaries and Training 2018-2019

Financial Performance

as at 31 October 2018

YTD Actual

YTD Budget

YTD

Actual vs Budget

Annual Budget

Salary Costs

8,166,495

8,496,596

-330,100

27,595,979

Training Costs

192,125

278,944

-86,000

836,758

Training as a % of Salaries

(Sector average is 4%)

2.4%

3.3%

 

3.0%

Vacancies

As at 31 October 2018 FNDC held the following vacancies:

Department

Number of Open Vacancies (FTE)

CEO/Communications/People & Capabilities

4

Corporate Services

2

District Services

7

Infrastructure & Asset Management

8

Strategic Planning & Policy

2

FNDC TOTAL (FTE) * includes fixed term and casual roles

23

 


 

Communications Reports

Media Releases

The Communications team issued media releases publicising:

·    A Council reprieve for Kaeo residents whose water supplier plans to cease trading

·    An algal bloom which forced the Council to change its raw water source for Kerikeri

·    An electronic application service for building consents

·    A free dog neutering and microchipping event in Moerewa

·    The phasing out of plastic bags at Far North libraries

·    The District Plan review process

·    A new mural at Kaikohe’s electric vehicle charging station

Four of the media releases were published in at least two of the newspapers that circulate in the Far North.  The rest were published in at least one of the newspapers that circulate in the District.

 

Media Enquiries

The Communications team fielded 22 media enquiries from The Bay Chronicle/Northern News, The Northland Age, RNZ, TVNZ and The Russell Review.  Common topics included animal management and water supplies.

 

Targeted Publicity

Creating Great Places:  A newsletter about Council projects that make the Far North a great place to live.

The Communications team designed and produced the following information products:

·    A four-page, colour newsletter about Council projects.  This was sent to 26,000 properties with second quarter rates bills

·    A brochure explaining how the Council maintains roads

·    A brochure about the Community Grants Scheme

·    A brochure about the District Plan Review

·    Four issues of Great People, a fortnightly newsletter that celebrates Council staff and their achievements on behalf of elected members and communities

·    A special briefing for elected members on improvements to the building consent process

 

Community Events

The Communications team coordinated and staffed an information stall at the Bay of Islands P & I Show.  The team, supported by other Council staff, Mayor John Carter and Councillor Kelly Stratford engaged with more than 200 people and distributed the above information brochures.

Support to the Mayor

The Communications team supported the Mayor in the writing of five newspaper columns about the need to conserve water this summer, improvements to the building consent process, ratepayer-funded services, the booming cruise ship industry and the dog management policy and bylaw consultation.

Strategy

Planning

Annual Plan

Work continues on refining 2019-20 budgets.

Variations to year two of the Long Term Plan have been identified and tested for significance.  Council will be asked to consider the necessity for consultation at the December Council meeting given that none of the variations are considered to be significant, according to our policy on Significance and Engagement.

 

Strategy Development, Bylaws and Policies

Sustainable District Strategy

A paper was submitted to the 28 November 2018 Governance and Strategic Relationships Committee recommending a change in scope to the Sustainable District Strategy.

The change in scope is to allow a full consideration of the strategies and directions of Council’s strategic partners so that opportunities are realised and a comprehensive set of goals can be developed for the District Strategy that are aligned with Council’s strategic partners.  Strategic stakeholder engagement was not in included the original work plan for the Sustainable District Strategy.

A paper has been submitted to the 13 December 2018 Council meeting recommending the adoption of a revised work plan to reflect the change in scope recommended to the Governance and Strategic Relationships Committee.

District Transport Strategy

At the 25 October 2018 Council meeting it was resolved to form a Project Governance Structure to guide and support the development of the District Transport Strategy.  This created a Project Board with the following Councillors:

·    Councillor Foy

·    Councillor Court

·    Councillor Hookway

·    Councillor Vujcich

The inaugural Project Board meeting was held on 30 November that covered:

·    Project Board roles and responsibilities

·    A draft communications approach

The intention of the District Transport Strategy is to align with and deliver on the goals of the District Strategy.

Strategic Relationships

A paper that will propose a list of the key Council strategic partners and stakeholders was submitted to the Governance and Strategic Relationships Committee on 29 November 2018 for approval.

The list of key Council strategic partners contains the organisations that will be looked to for strategic alignment and the development of the District Strategy as per the change in scope to the District Strategy.

 

Bylaws and Policies

The proposed Dog Management Policy and Bylaw 2018 and the proposed Alcohol Control Bylaw deliberations took place over the month of November 2018.

Final versions of the proposed Bylaws will be submitted to the 13 December 2018 Council meeting.

 


 

District Planning

Draft District Plan

Staff are conducting roadshows for the draft policy framework for the new District Plan at 13 key locations around the Far North.

The purpose of the roadshow is to:

·    create awareness of the important topics and key milestone piece of work in the development of the new plan

·    assist the community with understanding the new directions in resource management

·    outline opportunities for consultation throughout the plan development process

 

Participation in the five roadshow events held to date has been strong with notable feedback received identifying the need for:

·    careful management of land uses that rely on our water resources

·    more focussed integration of infrastructure and land use to service the needs of growing communities, as well as the different needs of these communities

Coopers Beach and Mangonui communities were notable in highlighting the demands for servicing aging communities. Roadshows will service the Kerikeri community in mid November and Russell and Paihia in late November.

The feedback period closes on 17 December.

 

National Planning Standards

The Ministry for the Environment are progressing with the development of Planning Standards and have signalled the intention to further work with ‘pilot Councils’ including Far North District Council in testing some particular standards.

The gazettal date for the standards is expected around April 2019.

The new District Plan will need to include the mandatory provisions of the standards and may adopt other non-mandatory provisions.

 

Private Plan Change 22 – Inlet Estate Limited (PPC22)

The Council decision to approve this private plan change was notified 14 November 2018 after the Council meeting held on 25 October 2018 resolved to accept the independent hearing commissioner’s recommendations.

The plan change creates an area of additional residential zoned land in Kerikeri.

Current Reserve Management Plan Processes

Lindvart Park

Council adopted the draft reserve management plan for Lindvart Park at the 25 October 2018 Council meeting. 

A public media release was issued on the 14 November 2018 informing the public that the management plan had been adopted by Council.   

Kerikeri Domain

The BOI-Whangaroa Community Board endorsed public notification of the draft reserve management plan for the Kerikeri Domain.

Approval will be sought by Council to publicly notify the draft reserve management plan at the 13 December Council meeting.

 

Economic Development

Aviation School

New Zealand Aviation Aotearoa Ltd has taken over facilities at Kerikeri Airport in a building that was previously a flying school. Administration and classrooms have been set up. The intention is that more than 480 international students, including engineering and maintenance personnel, are trained at the site. 

Staff have supported New Zealand Aviation Aotearoa Ltd with choosing Kerikeri as a satellite site to their operations at Ardmore Airport for engineering and aviation training.  The first intake of students is January 2019.

 

 


 

Northland|Forward Together

Provincial Growth Fund Applications

The next announcements by Minister Jones for Northland applications are to be early in the new year. 

We are working with MBIE to package future applications to assist their assessments.

 

Northland|Forward Together Project Update

Snapshot of current individual project status and actions as at 31 October 2018

Projects

Lead Council

Status

Actions to be taken

Active Recreation and Sports Facilities

NRC

In progress and on target

Public consultation on a Regional Sporting Faculties rate during the 2018-28 LTP has concluded and Council has decided on a $15 plus GST (per rateable unit/SUIP) rate across all of Northland. 

Detailed criteria for allocation of the rate has been decided by NRC, and bodies allocated funding have been announced. 

Regional ICT Programme

FNDC

In progress and new TOR being established

Priorities for the Regional ICT group are

·   Initialised project for ICT initiatives in support of the Northland Transport Alliance

·   Opportunities for alignment of strategy and policy

·   Identified opportunities for a pilot service (GIS, Customer Mobile Technology, and IOT)

Provision of GIS Services to KDC

NRC

In progress and new target

KDC internal viewer environment has been implemented. 

Discussions are continuing for the provision of additional capabilities/resources to support KDC initiatives. 

Target go live date is set for November 2018, once stability issues are resolved.


 

Projects

Lead Council

Status

Actions to be taken

LIDAR capture for Northland

NRC

In progress and new target

Completed capture of Awanui catchment.  Was on hold until weather was best for flying, therefore spring 2018 re-commencement. 

RPS has confirmed they are mobilising to get the survey re-started with Mainland Air during October. 

RPS contract completion date set for June 2019.

Four Waters

WDC

In progress and on target (Subject to national enquiries)

The Havelock North Inquiry recommended moving to a system of aggregated, dedicated water providers. 

The 4WAGN Group is considering service delivery options for Northland, based on aggregation of services within the region, and undertake a similar process to that which resulted in the NTA being formed. 

The 4WAGN will also explore options for service delivery with Auckland City and Water care and report back to CEs.

Digital Enablement Plan

WDC

In progress and on target

Refreshed Digital Enablement Plan developed – aim 100% connectivity. 

There are 13 projects identified under 4 works trams:

a.    Digital Infrastructure

b.    Access: Providing last mile infrastructure

c.    Connectivity: Support Community uptake of new broadband infrastructure

d.    Enhance digital skills and capability of business in the region

Digital Infrastructure Report completed, including mapping of gaps post CIP deployments. 

Two Digital Enablement Group members (from Northland Inc and FNDC) attended a professional scholarship in the US, and will report back to CEs at their December meeting. 

Minister Jones announced in mid-November a further $40M being allocated to the Rural Broadband Roll-out from the Provincial Growth Fund, of which some will come to Northland.


 

Projects

Lead Council

Status

Actions to be taken

Provincial Growth Fund

Northland Inc.

In progress and on target

Focus group from Northland Councils and Northland Inc. developing business case/expressions of interest for potential Provincial Growth Funding. 

Total of $70.167M to June 2018 has been granted for Northland projects.

 During November Minister Jones announced $40M of successful funding for the Whanganui Manawatu areas.

 

 

 

 


 

Community Wellbeing

Ngā Kuri Auau

Far North District Council was invited to Wellington to speak at the Society of Local Government Managers Communication & Engagement Forum on 12 November 2018. Graphic Designer Matthew McCambridge attended to present on the campaign’s visual identity and Community Development Advisor Ana Mules presented on the creative brief development and community engagement tactics. The presentation was well received and three other Councils have since registered their interest in replicating the initiative in their areas.

After the presentation, conference facilitator Elizabeth Hughes Director, Strategy & Communication commented “That is star quality engagement and I take my hat off to you. [It’s] an example of how to engage with your community, it’s relevant, it’s compelling, it ticks all the boxes and I hope to see this initiative rolled out to other places”.

 

Far North Youth Council

The criteria have been set for the Ministry of Youth Development funded youth council project - Innovation Fund. 

The Far North Youth Council sponsored the Moko Foundation Rangatahi Leadership Summit and Inspiring Stories Trust Youth Weavers youth events as pilot projects for the Innovation Fund.

 

Disability Action Group

The Disability Action Group made a deputation to October Council meeting to present their strategic goals. They have developed and adopted an Annual Report 2017-2018 which will be received by each community board as an agenda item to help guide their strategic plans.

 

Placemaking

The Te Hiku Community Board’s Strategic Plan has been adopted, with placemaking funds allocated to a community-led placemaking project in Jaycee Park, Kaitaia.

 


 

Sport Northland - Far North Activity

Support continues with Kaikohe and Districts Sportsville and the development of their new strategic plan.  Sportsville is one of the top six priority facilities and have been successful with securing $100k earlier than expected to install lights on the rugby fields.

Work has been progressing with setting up a new board for the Te Hiku Sports Hub.  Interviews by the appointments panel took place on 23 November 2018.  Ninety percent of funding has been secured and we are waiting to hear the outcome of the funding application made to Foundation North.

The Far North District Council Far North Sports Awards received 104 nominations and was staged Friday 23 November in Kaitaia.

The ASB Kerikeri Half Marathon and Ray White 5km run / walk was held on 17 November 2018 with around 1800 people participating – 22 Sport Northland staff were involved in the event lead up and on the day.

 

Tuhono i te Ao - Science Expo

For the second year in a row, Community Development staff, as part of the Mayor’s Taskforce for Jobs, has supported Victoria University’s science careers showcase to schools in the mid North.

It is designed to show that science is an exciting and challenging career and to bring young university science students into contact with schools, sharing their enthusiasm for science.

Topics this year were environmental science, climate change, building architecture and industrial design. 

 

2018 Health and Social Innovation Awards

The Kai Ora Fund (Far North District Council, Manaia and Tai Tokerau Primary Health Organisations, Te Puni Kokiri and Northland Inc) was a finalist for two awards.  We received a runner-up in the Building Collaborative Relationships and a merit in the Best Innovation for Social Outcomes.


Governance

Support to Elected Members

The Mayor and Councillors have participated in workshops with LGNZ Equip facilitators Dr Steven Finlay and Pamela Peters to build members’ strengths and performance as governors and district leaders.

On 15 November 2018 the Mayor, Councillors, and Community Board Chairs were briefed about Council’s obligations under the Health and Safety at Work Act 2015.  Mike Goodison from WorkSafe (NZ’s primary health and safety regulator) attended as a guest speaker.

 

Audit & Risk

Risk

The members of the Audit, Risk, and Finance Committee are taking part in a series of workshops to identify and prioritise risks to the organisation. Once this process is complete risk treatment plans will be developed and implemented.

 

Internal Audit

A Contract Management Audit has been completed. Action plans will be set to address findings and recommendations in the near future and progress against these will be monitored through to completion.

We are in the process of setting out the programme of work for the next 12 months.

 

Project Management Office

The Project Management Office have been working with Rotorua Lakes Council to provide advice and guidance on the establishment of their PMO function (recently launched), including sharing our artefacts, lessons learnt, key challenges and opportunities in implementing a PMO.

Corporate

Financial information as at 31 October 2018

 

Information Services

Business Intelligence

The Business Intelligence Pilot Programme is currently underway, with some key outputs identified for delivery in the pilot phase; including a Capital Programme Dashboard, SLT Dashboard, Council Financial Reporting and CEO KPI’s.

 

Building Consents Process Renovation

The Information Services team supported the Building Consents Process Renovation through the effective delivery of the Electronic Application process, employing the Simpli forms alongside technologies currently in use by FNDC to offer an electronic application process for building consents.

 

GIS Internal Viewer (Local Maps)

The GIS Internal Map Viewer was rolled out across organisation, with several maps available for use and a feedback mechanism to ensure the new map layers and data meet business needs.

The rollout was accompanied by a GIS Day Roadshow, showcasing our GIS software, services and roadmap across the organisation.

 

Northland ICT Collaboration

FNDC has re-initialised the Northland ICT Collaboration forum in support of Northland | Forward Together through monthly meetings with the ICT Managers and GM’s.

Current areas of focus are on supporting the NTA, exploring a GIS partnership with NRC and sharing our respective work programmes to establish ongoing collaboration opportunities.

 

 

 


 

LGOIMA Monthly Statistics

Data as of 31 October 2018

Latest statistics for official information requests processed by the organisation appear below.

Month

#  Requests

/ Month

# Requests

responded

to < 20 days

# Requests

responded

to within permitted time extension

# Requests

not

responded to within time

Ombudsmen Investigations

(if any)

Jan

13

11

0

2

0

Feb

7

7

0

0

0

Mar

23

22

 

1

0

1