Agenda of Ordinary Council Meeting

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
Hon John Carter QSO	Carter Family Trust
Felicity Foy	Director - Northland Planning & Development	I am the director of a planning and development consultancy that is based in the Far North and have two employees.		I will abstain from any debate and voting on proposed plan change items for the Far North District Plan.
				I will declare a conflict of interest with any planning matters that relate to resource consent processing, and the management of the resource consents planning team.
				I will not enter into any contracts with Council for over $25,000 per year. I have previously contracted to Council to process resource consents as consultant planner.
	Flick Trustee Ltd	I am the director of this company that is the company trustee of Flick Family Trust that owns properties on Weber Place and Allen Bell Drive.
	Elbury Holdings Limited	This company is directed by my parents Fiona and Kevin King.	This company owns several dairy and beef farms, and also dwellings on these farms. The Farms and dwellings are located in the Far North at Kaimaumau, Bird Road/Sandhills Rd, Wireless Road/ Puckey Road/Bell Road, the Awanui Straight, Tahuna Road/Allen Bell Drive.
	Foy Farms partnership	Owner and partner in Foy Farms - a farm in three titles on Church Road, Kaingaroa
	Foy Farms Rentals	Owner and rental manager of Foy Farms Rentals for 6 dwellings on Church Road, Kaingaroa
	King Family Trust	This trust owns several titles/properties at Cable Bay, Seaview Rd/State Highway 10 and Ahipara - Panorama Lane.	These trusts own properties in the Far North.
	Previous employment at FNDC 2007-16	I consider the staff members at FNDC to be my friends
Partner Felicity Foy	Employed by Justaplumber Taipa
Partner Felicity Foy	Friends with some FNDC employees
Dave Hookway	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.
Dave Hookway	I own my own property at 188b Waipapa West Rd, Waipapa.	Have 3 dogs and 2 cats (and quite a few chickens)	Love my pets.	Consider policies and proposals as presented in a fair and balanced manner.
John Vujcich	Board Member	Ngati Hine Health Trust	Matters pertaining to property or decisions that may impact of their health services	Declare interest and abstain
	Board Member	Pioneer Village	Matters relating to funding and assets	Declare interest and abstain
	Director	Waitukupata Forest Ltd	Potential for council activity to directly affect its assets	Declare interest and abstain
	Director	Rural Service Solutions Ltd	Matters where council regulatory function impact of company services	Declare interest and abstain
	Director	Kaikohe (Rau Marama) Community Trust	Potential funder	Declare interest and abstain
	Partner	MJ & EMJ Vujcich	Matters where council regulatory function impacts on partnership owned assets	Declare interest and abstain
	Member	Kaikohe Rotary Club	Potential funder, or impact on Rotary projects	Declare interest and abstain
	Member	New Zealand Institute of Directors	Potential provider of training to Council	Declare a Conflict of Interest
	Member	Institute of IT Professionals	Unlikely, but possible provider of services to Council	Declare a Conflict of Interest
	Member	Kaikohe Business Association	Possible funding provider	Declare a Conflict of Interest
Mike Edmonds	Chair	Kaikohe Mechanical and Historic Trust	Council Funding	Decide at the time
Mike Edmonds	Committee member	Kaikohe Rugby Football and Sports Club	Council Funding	Withdraw and abstain
Adele Gardner	N/A - FNDC Honorarium
	The Far North 20/20 , ICT Trust	Trustee
	Te Ahu Charitable Trust	Trustee
	ST Johns Kaitaia Branch	Trustee/ Committee Member
	I know many FNDC staff members as I was an FNDC staff member from 1994-2008.
Partner of Adele Gardner	N/A as Retired
Terry Greening	Greening Family Trust	Beneficiary		Highly unlikely to interface with FNDC
	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
Terry Greening (Wife)	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
Kelly Stratford (Husband)	Property in Moerewa		N/A	N/A

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

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 15November 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 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 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 Beach – dogs 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 Beach – 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

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

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 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..

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

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

Russell Beach – dogs 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.

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.

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

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 13December 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

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 Act. Sections 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

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

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.

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

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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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

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

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
Apr	17	15	0	2	0
May	15	15	0	0	0
Jun	25	25	0	0	0
Jul	33	33	4	5	0
Aug	16	19	1	0	2
Sep	14	14	0	0	0
Oct	12	2 remain open	10	0	1

Operations

Customer Service

Customer Experience Programme

Closed RFS – Customer Satisfaction Index (CSI)

The CSI for the 4-month period ending 31 October is 78.1.

CSI continues to show a gradual upward trend, with teams across the council actively working to identify opportunities and take actions to improve customer experiences.

Planning and communication is being progressed to ensure that lessons learned in one area of council can be used and shared to benefit customers and staff across other areas of council.

The graph below compares the current monthly CSI to the 2017 baseline and the 2018/19 target of 81.

Contact Centre / Service Centres

· 14.2% increase in the financial counter stats for service centres (1,380 up from 1,208 in October 2017)

· 32.1% increase in the number of Ask.Us emails (1,501 up from 1,136 in October 2017)

· 5.7% increase in the number of phone calls through the Contact Centre (8,782 up from 8,310 in October 2017)

· The overall satisfaction with making a request to Council was 81.6% in October

· The overall satisfaction with visits to Service Centres was 97.4% in October

Libraries

· 1.7% decrease in total checkout numbers (35,235 down from 35,836 in 2017)

· 70.2% increase in Ebook and Audiobook downloads (1,959 up from 1,151 in 2017)

· The overall satisfaction with visits to Libraries is 98.8% in October

i-SITEs

· 4.4% increase in total visitor numbers (26,746 up from 25,611 in October 2017)

· 0.3% increase in retail revenue ($9,204 up from $9,175 in October 2017)

· The customer experience tracking programme shows the overall satisfaction with visits to i-SITEs at 97% in October

Cruise ship season is underway making the Bay of Islands a very busy place.

Recently commenced markets at Waitangi appear to be going well, providing another option for cruise ship visitors.

Regulatory Services

Compliance and Contract Management

A total of 729 RFSs were received during October, with 84% responded to within target response times against the annual target of 90%.

Animal Management

An ‘Adopt a Dog’ Facebook page went live Tuesday 13 November and is expected to draw in further public interest.

The ‘Nga Kuri Auau O Moerewa’ snip & chip dog day was held 19 October and was well attended. The day was a huge success with the SPCA, Bay of Islands Vets, Pet-n-Sur and the Bay of Islands Rescue Group all actively participating.

A total of 213 dogs presented, with 187 microchipped and 185 neutering vouchers issued.

Environmental Health

13 premises were transitioned to the Food Act 2014 regime during October. To date 93% (418 of 451) of food businesses across the District have been transitioned to the appropriate Food Plans.

Building Compliance

12 swimming pools were inspected during October.

Of the 746 pools on Council’s register:

· 676 (91%) are compliant

· 22 (3%) are due for inspections

· 48 (6%) are non-compliant

There were 14 commercial premises inspections during October with 5 buildings (36%) assessed as non-compliant.

Resource Consents Management

Overview

· 18% increase in resource consent applications received during October 2018 compared to the 4 year average

· Resource consent applications received year to date (680) are 21% higher of the four-year average (563)

The challenges faced by the Resource Consent department are being met through the use of consultant planners, who currently hold 55 resource consent applications. The consultant planners are used to process the more complex applications.

Building Consents Management

· 7% increase in building consent applications received in October 2018 (126) compared to the four-year average (118)

· Building consent applications received calendar year to date (1285) are 16% higher than the 4 year average (1113)

· The average number of working days for the issue of consents has remained at 19 days

Building consents issued within the legislative time frame of 20 working days were at 53% down from 61% the previous month. Remedial steps are being taken to achieve a higher percentage within the 20 statutory days, with the effects of the Building Consents rennovation (which went live on 1 November 2018) expected to take effect going forward.

Due to the high number of building consents, there has been a flow on effect of an increased number of building inspections. Building consultants continue to be used to help reduce time frames to issue a building consent and to carry out building inspections.

Infrastructure and Asset Management

Northern Transportation Alliance

Structures

The following works have been undertaken:

· Zidich Road Culvert - contract awarded

· West Coast Road Bridge - design underway

Slips Remediation Works

The following slip remediation works are underway:

· Pawarenga Road - Practical Completion inspection completed.

· West Coast Road - Contractor to undertake finishing work.

· Callaghan & Broadwood Roads - 95% complete.

· Larmers Rd - Retaining wall under construction. Expect to be complete by end of November.

Emergency Slips

Kaitaia – Awaroa Rd

Tenders close 23 November. Construction should start early in the new year.

We have received the options reports and instructed the contractor to proceed with the design works for these slips. We will go to tender with these jobs over the next 3 months as the designs become available.

· West Coast Road

· Broadwood Road

· Rakautapu Road

· Pawarenga Road

Road Safety

The road safety education promotion programme is currently going through Councils procurement process and will be considered at the Extraordinary Council meeting on November 28.

Minor safety projects are currently being prioritised and designed for construction over the next two and a half years. This year’s rehabilitation programme also has projects that include associated safety improvements.

Lighting

The NZTA have announced that the 85% Funding Assistance Rate for the LED upgrade has been extended to up until 30 June 2021.

Design work on the remaining vehicular category lights, which are mainly arterial roads, is due to start in November and expected to be completed by the end of January.

Hokianga Ferry

Revenue received from ticket sales for the month of October is down 20% on October 2017.

Two new replacement jet propulsion units for the ferry have been ordered. The delivery of the shipment is expected in March 2019.

Utility Services

Ultra Fast Broadband Kerikeri

The majority of work sites are being completed with the laying of ducts and fibre and testing to property boundaries. Work is intended to be completed by Christmas.

Ultra Fast Broadband Kaikohe

Work has commenced. Completion expected in April 2019.

Ultra Fast Broadband Pamapuria to Takahue

Work is almost complete. On track for completion before Christmas.

Rural Fibre

Rural fibre design is being finalised for the Rawhiti area.

UCG, a division of Chorus, are connecting fibre from each property boundary to each house; connections are under way for Kawakawa, Moerewa and Kerikeri.

Traffic Management Services

We are in peak event season for traffic management services with high demand for services at events district wide.

Major upcoming events:

· Christmas parades (all towns)

· Waitangi Day celebrations

· Rugby pre-season game in Kaikohe

Traffic management services are in also in demand as a result of a large amount of work being undertaken by the Council maintenance contractors, Top Energy and other capital works programmes, as well as development work for retirement villages and entrances to properties.

Footpaths

Work on the Greenacres Drive footpath, Kawakawa is near completion. Renewals and maintenance work is being prioritised and will be sent to the contractors shortly. We will be seeking Community Board approval for this year’s program.

Cycle Trail

MBIE Funded Work

Work has commenced on seating. Still to come are concrete/asphalt pathways, squeeze bars, interpretation panels/stories, poupou and signs.

3-Waters Alliance

Interim Alliance

Membership of the water Alliance Management Team was confirmed with representation from financial management and asset planning, asset management and maintenance both within Council and with the Alliance.

Major Works

We are undertaking desludging of Pond 1 at Kaitaia Wastewater Treatment Plant.

Approval for the work will be sought from the Procurement Board before Christmas so that work can begin around mid March and is expected to be completed by August 2019.

Discussion has begun on a proposal to incorporate stormwater within the water Alliance. It is intended to have the proposal prepared by March 2019.

Operational Performance Metrics

Civil Defence Emergency Management

National

Work on the ‘Emergency Management System Reform’ (Government’s response to the Technical Advisory Group report on the Ministerial Review on better responses to natural disasters and other emergencies) is continuing.

Regional

A regional roster for a single on-call Duty Officer and a single on-call Controller to act for all CDEM related matters (i.e. alerting, warning, initial actions and response) outside of normal business hours for the entire region is now in place. This arrangement is intended to provide coverage in a more structured way for the Far North and Kaipara District Councils in particular, as well as strengthen the existing CDEM Group on-call arrangement for the benefit of the whole region.

Local

Communities are approaching elected members requesting tsunami additional alarms are installed due to gaps in the network and the inability to hear existing alarms. Each request is considered on a case by case basis taking into account financial implications and available infrastructure to support the alarms. Individuals are able to purchase an indoor alarm at a cost of $150.00.

Community engagement with respect to CDEM has included meetings with Heritage New Zealand Pouhere Toanga, FNDC combined Community Board Workshop, Tokerau Beach and Whatuwhiwhi Residents and Ratepayers Association, and the Rawene Community.

An evacuation plan for Kaitaia has is now in draft form to support agencies in readiness for a rapidly developing flooding event impacting the community.

Event monitoring

A National Warning System test message was received and responded to as per Standard Operating Procedures on Wednesday 3 October at 8:01pm.

Capital Works

Projects Life Cycle Position as at 31 October 2018

Kerikeri Wastewater Treatment Plant

Targets:

Plant completion - September 2019

Reticulation Connection - December 2019

Project progress:

Access road completed, started earthworks at site, detail design completed.

Omanaia Water Treatment Plant

Targets:

Award contract - December 2018

Completion - October 2019

Project progress:

Tender process closed, preferred supplier recommended.

Mawson Ave Water Reticulation

Targets:

Award contact - April 2019

Completion - August 2019

Project progress:

Concept design completed.

Maromaku Sports Field Courts

Targets:

Design completed - January 2019

Award contract - April 2019

Completion - June 2019

Project progress:

Concept design completed

Tourism Infrastructure Funding - 5 toilet facilities

Targets:

Concept Design and engagement - March 2019

Award contract - June 2019

Completion - November 2019

Project progress:

Concept design in development, started community engagement.

Paihia Wastewater Treatment Plant

Targets:

Award contract - December 2018

Completion - June 2019

Project progress:

Tender process closed, currently evaluating perspective suppliers submitted tenders.

Dog Pounds Northern

Targets:

Award contract to build - March 2019

Completion - July 2019

Project progress:

Concept design and community engagement completed

Dog Pounds Southern

Award contract to build - March 2019

Completion - November 2019

Project progress:

Concept design and community engagement completed

Asset Management

Hundertwasser development

To avoid delaying the Park Centre construction start date, the Council is in discussion to jointly fund with FNHL the diversion of the wastewater pipe around the building. A report will be presented at the February Council meeting.

The options for the existing stormwater culvert are being carefully considered to identify the best long-term solution.

Mangonui Boardwalk

FNHL discussions with NRC suggest the consenting of handrails may be left to our building consents team.

FNHL and the Mangonui waterfront facilities working group are proceeding with a high level concept for presentation to both consenting authorities for input before Christmas.

This is to align with community expectations and the Council’s commitment to work with the community to address the remaining boardwalk handrail issues and bringing forward the extensions to the boardwalk.

Infrastructure Planning

Sweetwater Bore Consent

Council holds a resource consent to take water from the Aupouri Aquifer in the vicinity of Sweetwater. The consent was due to lapse in March 2019. An application to extend the lapse date was made to the Northland Regional Council (NRC). The NRC was satisfied by our case that “substantial progress or effort has been, and continues to be, made towards giving effect to the consent…”

The consent has been amended and the new lapse date is 8 March 2024.

Requests to Connect to Water and Wastewater Services

Seventeen requests to connect to Council water and wastewater services were received in October and November 2018.

Year to date we have received 48 applications (compared to 63 in 2017)

Consultations and Working Groups

Waikotihe Trust

Infrastructure planning staff have committed to meeting more regularly with Waikotihe Trust, kaitiaki of the aquifer at Monument Hill.

FNDC breached the resource consent last year and prior to that we failed to meet our commitments to keep the Trust informed.

Members of the Trust visited the Taraire Hills Water Treatment Plan in October to better understand how the two water sources for Kaikohe work together.

The Trust has committed to issuing a joint media release with FDNC on the importance for water conservation in Kaikohe and surrounds.

Opononi/Omapere Community Liaison Group

The Opononi/Omapere Community Liaison Group has been active since February 2010 about the operation of the water and wastewater schemes.

Staff and Community Board members will be attending the Opononi Market to get feedback on the concerns of the community.

The group has identified three areas of concern: cultural appropriateness of wastewater discharges to water, public health concerns around the discharge with respect to recreational water use, and shellfish gathering and affordability of wastewater services.

Te Mauri o te Wai

Wastewater specialists have been engaged to work with Te Mauri o te Wai and the wider community affected by the Rawene WWTP discharge.

This engagement marks a significant milestone in the process of considering alternative treatments and discharges for the Rawene WWTP.

Staff also attended Te Mauri o te Wai’s Annual General Meeting at Te Piiti Marae where we committed to telling the history of the wastewater system in the Rawene Newsletter.

Ahipara Community Liaison Group

The group met with wastewater engineers in a workshop to discuss land-based disposal options for the Ahipara Wastewater Treatment. The final report from the consultants is expected before Christmas.

Sludge Strategy

An update report is provided to Infrastructure Network Committee at the 28 November meeting. In summary progress during this period was:

· Iwi consultation summary report and presentation drafted

· Quarry site assessment completed and summary report drafted

· Re-prioritisation of the ponds requiring desludging following a meeting with the Water Alliance

· High level evaluation of preferred dewatering method found mobile mechanical dewatering as the preferred option

Paihia Wastewater Treatment Plant

Far North District Council received a draft Enforcement Order from Northland Regional Council (NRC).

An internal response team has been formed and we have requested a meeting with NRC before the end of November.

District Facilities

Waste

Ahipara landfill closure

The landfill is almost at full capacity and due to close Monday 10 December 2018.

There are 10 commercial customers that are directly impacted by this closure who are being informed.

Waipapa Transfer Station

Waipapa Transfer Station opens 10 December 2018. A press release will be released shortly.

Abatement Notice

An abatement notice was received from NRC on 2 November 2018 regarding discharges from waste bins at the Kaitaia Recovery Centre to stormwater drains.

Staff have met with site operators and arranged for an immediate step to be undertaken to move the containers from hard stand areas to dedicated bin bays. Long term solutions are being investigated in line with new requirements under the NRC’s Draft Regional Plan for discharges from waste sites (including the installation of leachate capture / treatment systems).

Greenwaste

Opononi greenwaste trial started in October. Wee will continue to promote and monitor its use.

Plastic Recycling

A plastic recycling report is being presented to the Infrastructure Network Committee meeting in November requesting that Council stop collecting grades 3 to 7 plastics due to China closing their market to these particular plastics.

Other reports going to the Infrastructure Network Committee November meeting include the request to roll over the Russell Landfill Operation and Eco Solutions contracts for their final year before looking at any new contracts.

Swimming Pools

Kaitaia and Kerikeri pools opened on Wednesday 24 October for the 2018/19 season

All pools have been emptied, cleaned and painted. However a number of leaks have been identified in the Kaitaia pool and Kaikohe pool.

The Kaikohe pool is being repaired and will be opened late November / early December.

Age entry requirements for unsupervised patrons will be enforced at all Council pools. Unsupervised patrons must be 12 years and over.

The final ‘Contract for Services’ between Council and CBEC is under review and should be signed late November / early December.

Leases / Agreements

Sportsville Agreement – the management of Lindvart Park is now ready for signing by both parties.

Focus Paihia Custodian Services agreement is progressing, requesting extra Custodians over the peak periods.

We are currently reviewing a number of lease requests including:

· Russell Sports field lease

· Hihi Community Hall request

· Unahi wharf and surrounding land

· Houhora Kohanga

· Kaitaia Kohanga

· Bledisloe Domain

Town Maintenance

Kaikohe main street gardens have been renovated in time for Christmas.

Plans are now in place to introduce and empty extra refuse bins at no cost to Council and have a custodian in place during the peak season that will be responsible for ensuring all services including rubbish and toilets are delivered to a high standard.

Parks and Reserves

Additional services during peak season

Planning and programming of additional services are underway for the areas known to be hot spots during the peak season include Ahipara, Cable Bay, Coopers Beach, Whatuwhiwhi and Mangonui, Doubtless Bay and where visitor numbers and cruise ship visits require special attention in Paihia and Russell.

Lake Manuwai

The Lake Manuwai development proposal is underway involving Bay of Islands-Whangaroa Community Board representatives, members from the Kerikeri Cruising Club and other Lake user groups.

The group will be tasked with taking responsibility for the lake use and asset development with Council assisting the formation of this group. Council will remain responsible for maintaining the access way to the lake.

Playgrounds

A district wide general playground audit has been completed. We are awaiting the outcome of the findings.

Sportsfield Renovations

Extensive sportsfield renovation work is being carried out on the Kerikeri number one rugby field and the Central grounds rugby field.

Tree Removal

There has been an increase in arborist works due to the recent heavy winds. This included the removal of a large fallen Eucalypt tree located on a Council reserve in Ohaeawai. A number of other trees have since been identified as being at risk, needing to be removed.

Freedom Camping

Responsible (Freedom) camping review is underway as a result of ongoing complaints and issues. It is proposed the current locations of Moerua Park, Kaitaia and Awanui Sports Complex be relocated to the Melba Street public toilet car park and Awanui Park car park. A full review is proposed in the new year.

FNDC Calling Card

A new calling card has been developed and is being trialled so any staff or contractor on site can leave a note for the resident informing them they have been, where they are from, what they were there for and who to contact if needed. On the back in information about making a request for service (RFS).

Armistice Day

Contractors performed extra duties at RSA cemeteries across the district in preparation for Armistice Day, including tidying up cenotaphs.

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

Refuse Station	Area of Service and Location
Ahipara http://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

	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.

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