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13 December 2018 |
MINUTES OF Far North District Council
Ordinary Council Meeting
HELD AT THE Council Chamber, Memorial
Avenue, Kaikohe
ON Thursday, 13 December 2018 AT 10:00 am
PRESENT: Mayor John Carter (HWTM), Cr Tania McInnes (Deputy Mayor), Cr Ann Court, Cr Sally Macauley, Cr Felicity Foy, Cr Dave Hookway, Cr Colin (Toss) Kitchen, Cr Mate Radich, Cr Kelly Stratford
IN ATTENDANCE: Terry Greening - Bay of Islands-Whangaroa Community Board, Mike Edmonds - Chairperson of Kaikohe-Hokianga Community Board, Adele Gardner - Chairperson of Te Hiku Community Board, Rachel Smith - Member of Bay of Islands-Whangaroa Community Board, Shaun Reilly - Member of Kaikohe-Hokianga Community Board
STAFF PRESENT: Shaun Clarke (Chief Executive Officer), Samantha Edmonds (General Manager - Corporate Services), Glenn Rainham (General Manager- Infrastructure & Asset Management Acting), Dean Myburgh (General Manager - District Services), Darrell Sargent (General Manager - Strategic Planning & Policy), Jaime Dyhrberg (Executive Officer), Janice Smith (Chief Financial Officer), George Swanepoel (In-House Counsel), Richard Edmondson (Manager – Communications), Greg Wilson (Manager – District Planning), Sheryl Gavin (Manager – Corporate Planning and Engagement), Paul Carr (Manager – Infrastructure Project Delivery), Roger Ackers (Manager – Strategy Development), Darren Edwards (Manager – Environmental Services), Emma Pilkington (Senior Policy Advisor), Sarah Trinder (Policy Planner), Laura Atiga-Denham (Research Analyst), Gayle Anderson (Executive Assistant to General Manager), Kim Hammond (Meetings Administrator), Maryn Ashby (Meetings Administrator), Melissa Wood (Meetings Administrator)
1 Prayer
His Worship the Mayor commenced the meeting with a prayer
2 Deputation
Richard Dickinson from Te Hiku Sports Club provided an update on the development of Te Hiku Sports Club.
3 Apologies and Declarations of Interest
Seconded: Cr Kelly Stratford
That the apology from Cr John Vujcich be accepted.
Cr Tania McInnes noted an interest in relation to item 8.7 – Dog Management Policy and Bylaw 2018, due to a being a Northland Conservation Board Member
4 Confirmation of Previous Minutes
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Resolution 2018/51 Moved: Mayor John Carter Seconded: Cr Colin (Toss) Kitchen That Council confirm the minutes of the: a) Council meeting held 25 October 2018 as a true and correct record b) Deliberations Council meeting held 27 November 2018 as a true and correct record c) Extraordinary Council meeting held on 28 November 2018 as a true and correct record |
5 Infrastructure and Asset Management Group
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5.1 Cable Bay Recreation Reserve - Lease to Doubtless Bay Croquet Club Incorporated |
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Resolution 2018/52 Moved: Cr Tania McInnes Seconded: Cr Colin (Toss) Kitchen 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. |
6 Major item not on the agenda
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Resolution 2018/53 Moved: Mayor John Carter Seconded: Cr Colin (Toss) Kitchen That the matter of ‘The Incorporation and Shareholding in a Special Purpose Company Northland Adventure Experience Limited’ be considered by Council as a matter for urgent consideration as provided for in Section 46A(7) of the Local Government Official Information and Meetings Act 1987 on the grounds that Council was awaiting additional information from external providers and cannot be delayed until a later date because it is critical that the company be formed and an application to be filed for the Provincial Growth Fund |
7 mayoral announcements
- Congratulated Cr Colin (Toss) Kitchen on 50 years Fire Brigade Service
- Top Energy Power Bill
- Te Wahapu FNDC Reserve
- Oruru Hall
- Lake Ohia
- LGNZ Wellbeing Issues
- Update on OSH for volunteers
- Kaeo Water
- Kaitaia Water
- Smoothies bore – Waoarohia Catchment
- Projects and programmes
- Rates Review
- Arvida rest home
- Kerikeri Sports Complex
- Ventnor Memorial Rawene
- Bus Stop Kerikeri
- Development Contributions – a workshop to be held on the 19th December 2018
- Lake Manuwai
- Railway/Cycleway verbal update
- Coopers Beach retirement
- Ngati Rehia MOU
- Roading Strategy
- Staff visit to Waimakariri
- Terry Greening provided update on Russell Water
8 Strategic Planning and Policy Group
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Resolution 2018/54 Moved: Mayor John Carter Seconded: Cr Colin (Toss) Kitchen That Council does not conduct a formal consultation on its Annual Plan for 2019/20. In Favour: Crs John Carter, Tania McInnes, Ann Court, Colin (Toss) Kitchen and Sally Macauley Against: Crs Felicity Foy, Dave Hookway, Mate Radich and Kelly Stratford |
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Moved: Mayor John Carter Seconded: Cr Kelly Stratford That fees for Kaikohe Memorial Hall for 2019/2020 be set as follows: Corporate & private Entire complex $300.00 hourly only $40.00 Supper room and kitchen $200.00 hourly only $30.00 Main hall only $150.00 hourly only $25.00 Bond $300.00 hourly only $40.00 Community groups Entire complex $150.00 hourly only $25.00 Supper room and kitchen $75.00 hourly only $20.00 Main hall only $50.00 hourly only $15.00 Bond $150.00 hourly only $25.00 Moved: Cr Dave Hookway Seconded: Cr Mate Radich That fees for Kaikohe Memorial Hall for 2019/2020 be set as follows: Corporate & private Entire complex $300.00 hourly only $40.00 Supper room and kitchen $200.00 hourly only $30.00 Main hall only $150.00 hourly only $25.00 Bond $300.00 hourly only $40.00 Community groups (including NGOs, Government and other not-for-profit organisations) Entire complex $150.00 hourly only $25.00 Supper room and kitchen $75.00 hourly only $20.00 Main hall only $50.00 hourly only $15.00 Bond $150.00 hourly only $25.00
Cr Dave Hookway declared he had a possible conflict of interest as he hires the hall on behalf of the Northland District Health Board. Cr Ann Court raised a point of order in regards to Cr Dave Hookway’s conflict of interest. Cr Dave Hookway then withdrew the possible conflict of interest. In Favour: Crs Felicity Foy, Dave Hookway and Mate Radich Against: Crs John Carter, Tania McInnes, Ann Court and Kelly Stratford Abstained: Crs Colin (Toss) Kitchen, Sally Macauley lost 3/4 Resolution 2018/55 That fees for Kaikohe Memorial Hall for 2019/2020 be set as follows: Corporate & private Entire complex $300.00 hourly only $40.00 Supper room and kitchen $200.00 hourly only $30.00 Main hall only $150.00 hourly only $25.00 Bond $300.00 hourly only $40.00 Community groups Entire complex $150.00 hourly only $25.00 Supper room and kitchen $75.00 hourly only $20.00 Main hall only $50.00 hourly only $15.00 Bond $150.00 hourly only $25.00 |
The meeting was adjourned from 11.23 am to 11.30 am.
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Moved: Mayor John Carter Seconded: Cr Ann Court 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 site to be between 7pm and 7am only; ii) Correcting errors in the references to legislation in clause 5. Moved: Cr Felicity Foy Seconded: Cr Mate Radich 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 with a restriction on use of the replacement site to be between 7pm and 7am only; ii) Correcting errors in the references to legislation in clause 5. The amendment became the substantive motion Resolution 2018/56 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 with a restriction on use of the replacement site to be between 7pm and 7am only; ii) Correcting errors in the references to legislation in clause 5. |
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1 Additional Information - Updated Far North Camping Facilities Maps |
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8.4 Notification of the Kerikeri Domain Reserve Management Plan |
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Resolution 2018/57 Moved: Cr Tania McInnes Seconded: Cr Kelly Stratford That Council a) gives public notice of the Draft Kerikeri Domain Reserve Management Plan in accordance with the Reserves Act 1977, and calls for submissions to the draft plan b) delegates to the Bay Of Islands-Whangaroa Community Board the task of hearing and deliberating on submissions received to the Draft Kerikeri Domain Reserve Management Plan. |
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Resolution 2018/58 Moved: Mayor John Carter Seconded: Cr Mate Radich That the Council receive the report “District Plan Update”. |
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Resolution 2018/59 Moved: Cr Tania McInnes Seconded: Cr Sally Macauley That Council approve the work plan for the development of the District Strategy. |
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Moved: Mayor John Carter Seconded: Cr Tania McInnes That the Council: a) Pursuant to section 10 of the Dog Control Act 1996 and every other enabling power and authority, adopts the Far North District Council Dog Management Policy 2018 contained in Attachment 1, to come into effect on 4 February 2019; b) Repeals the Policy on Dogs 2006 with effect from 4 February 2019; c) Pursuant to section 20 of the Dog Control Act 1996 and every other enabling power and authority, makes a bylaw entitled the Far North District Council Dog Management Bylaw 2018 contained in Attachment 1, to come into effect on 4 February 2019; d) Revokes the Dog Control Bylaw 2006 with effect from 4 February 2019; and e) Authorises the Chief Executive to make any minor edits or amendments to the Policy or Bylaw to correct any spelling or typographical errors and/or to reflect decisions made by Council at this meeting. Moved: Mayor John Carter Seconded: Cr Ann Court That the Council: a) Pursuant to section 10 of the Dog Control Act 1996 and every other enabling power and authority, adopts the Far North District Council Dog Management Policy 2018 contained in Attachment 1, to come into effect on 4 February 2019; b) Repeals the Policy on Dogs 2006 with effect from 4 February 2019; c) Pursuant to section 20 of the Dog Control Act 1996 and every other enabling power and authority, makes a bylaw entitled the Far North District Council Dog Management Bylaw 2018 contained in Attachment 1, to come into effect on 4 February 2019; d) Revokes the Dog Control Bylaw 2006 with effect from 4 February 2019; and e) Authorises the Chief Executive to make any minor edits or amendments to the Policy or Bylaw to correct any spelling or typographical errors and/or to reflect decisions made by Council at this meeting and that a report be provided to Council when changes are made. f) Approve that pages 5 and 7 from the additional documentation tabled at the meeting be inserted into the Dog Policy. g) Approve that page 5 of 20 of the Dog Management Policy should state – All reserves, unless specified elsewhere in this schedule are on leash. h) Approve that page 5 of 20 under special character rules Te Wahapu Scenic Reserve, The Pipiroa Scenic Reserve and Pipiroa Wetland Recreation Reserve be prohibited all year around, except in the carpark and Okiato-Russell Coastal Walkway which are on-leash. Request staff undertake consultation with the community and report back to Council on areas that could be made off leash. i) Approve that page 7 of 20 under Off-Leash and Under Control table be changed to say Kerikeri – i) Rolands Wood, 240 Kerikeri Inlet Road, Kerikeri ii) Kerikeri – Sammaree Place Reserve, Kerikeri iii) Kerikeri – Waitotara Reserve, Waipapa Road, ,Kerikeri vi) Kaikohe – Old Landfill at Lindvart Park, Recreation Road, Kaikohe v) Waipapa Domain – Harmony Lane, Waipapa – (unless being used for sport or recreation purposes when dogs are required to be on-leash) In Favour: Crs John Carter, Tania McInnes, Ann Court, Felicity Foy, Colin (Toss) Kitchen, Sally Macauley, Mate Radich and Kelly Stratford Against: Cr Dave Hookway carried 8/1 The amendment became the substantive motion Resolution 2018/60 That the Council: a) Pursuant to section 10 of the Dog Control Act 1996 and every other enabling power and authority, adopts the Far North District Council Dog Management Policy 2018 contained in Attachment 1, to come into effect on 4 February 2019; b) Repeals the Policy on Dogs 2006 with effect from 4 February 2019; c) Pursuant to section 20 of the Dog Control Act 1996 and every other enabling power and authority, makes a bylaw entitled the Far North District Council Dog Management Bylaw 2018 contained in Attachment 1, to come into effect on 4 February 2019; d) Revokes the Dog Control Bylaw 2006 with effect from 4 February 2019; and e) Authorises the Chief Executive to make any minor edits or amendments to the Policy or Bylaw to correct any spelling or typographical errors and/or to reflect decisions made by Council at this meeting and that a report be provided to Council when changes are made. f) Approve that pages 5 and 7 from the additional documentation tabled at the meeting be inserted into the Dog Policy. g) Approve that page 5 of 20 of the Dog Management Policy should state – All reserves, unless specified elsewhere in this schedule are on leash. h) Approve that page 5 of 20 under special character rules Te Wahapu Scenic Reserve, The Pipiroa Scenic Reserve and Pipiroa Wetland Recreation Reserve be prohibited all year around, except in the carpark and Okiato-Russell Coastal Walkway which are on-leash. Request staff undertake consultation with the community and report back to Council on areas that could be made off leash. i) Approve that page 7 of 20 under Off-Leash and Under Control table be changed to say Kerikeri – i) Rolands Wood, 240 Kerikeri Inlet Road, Kerikeri ii) Kerikeri – Sammaree Place Reserve, Kerikeri iii) Kerikeri – Waitotara Reserve, Waipapa Road, ,Kerikeri vi) Kaikohe – Old Landfill at Lindvart Park, Recreation Road, Kaikohe v) Waipapa Domain – Harmony Lane, Waipapa – (unless being used for sport or recreation purposes when dogs are required to be on-leash) |
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1 Additional Information - Dog Management Policy and Bylaw 2018 |
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Resolution 2018/61 Moved: Cr Kelly Stratford Seconded: Mayor John Carter 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. Councillor Court and Hookway requested their votes be recorded. Against: Cr Ann Court Abstained: Crs Dave Hookway |
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8.9 Council - Iwi Governance Relationship |
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Resolution 2018/62 Moved: Mayor John Carter Seconded: Cr Ann Court That Council a) Endorses the draft Agreement document between the Mayoral Forum and Te Kahu O Taonui. b) Delegates authority to the Mayor to sign the Agreement on behalf of Council. c) Notes that the Mayor and delegation will attend the signing ceremony in February 2019 |
The meeting was adjourned from 1.17 pm to 1.45 pm.
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9.1 Council's Direction Sought Regarding Consultations for Te Kao Water Scheme Loans |
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Moved: Mayor John Carter Seconded: Cr Tania McInnes 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 Chief Executive Officer 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. Moved: Cr Tania McInnes Seconded: Cr Kelly Stratford Agrees that the item ‘Council’s Direction Sought Regarding Consultation for Te Kao Water Scheme Loans’ to be left to lie on the table until further information can be provided. The amendment became the substantive motion Resolution 2018/63 Agrees that the item ‘Council’s Direction Sought Regarding Consultation for Te Kao Water Scheme Loans’ to be left to lie on the table until further information can be provided. |
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9.2 Exemption to be granted - Section 7 of the Local Government Act 2002 - Council Controlled Organisations |
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Resolution 2018/64 Moved: Mayor John Carter Seconded: Cr Colin (Toss) Kitchen That Council a) grant the following exemptions under Section 7 of the Local Government Act 2002: i) Roland’s Wood Trust is exempt under Section 7(3)-(5) of the Local Government Act 2002 on the grounds that the Trust is considered to be “a small organisation”; ii) Te Ahu Charitable Trust is exempt under Section 7(3)-(5) of the Local Government Act 2002 on the grounds that the Trust is considered to be “a small organisation”; iii) Pou Herenga Tai Twin Coast Cycle Trail Charitable Trust is exempt under Section 7(3)-(5) of the Local Government Act 2002 on the grounds that the Trust is considered to be “a small organisation; b) where the Trust Deeds requires financial statements to be prepared and an auditor appointed, the organisations are not exempted from these requirements and audited accounts must be presented to Council within six (6) months of the organisation’s balance date. |
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Resolution 2018/65 Moved: Cr Ann Court Seconded: Cr Tania McInnes That Council: a) adopts the amended 2019 Formal Meeting Calendar (A2268437) b) delegates authority to the Chief Executive to amend the Formal Meeting Calendar if required |
At 2:15 p.m., Mayor John Carter left the meeting and Cr Tania McInnes took the Chair.
At 2:17 p.m., Cr Dave Hookway left the meeting.
At 2.48 p.m., Cr Mate Radich left the meeting. At 3:00 p.m., Cr Mate Radich returned to the meeting.
At 3:00 p.m., Mayor John Carter returned to the meeting and resumed the chair.
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Resolution 2018/67 Moved: Mayor John Carter Seconded: Cr Sally Macauley That the Council receive the report on the Chinese Economic Development Visit. |
At 3:04 p.m., Cr Tania McInnes left the meeting.
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Resolution 2018/68 Moved: Mayor John Carter Seconded: Cr Mate Radich That the Council receive the report CEO Report to Council: 1 October - 30 November 2018 |
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Resolution 2018/69 Moved: Mayor John Carter Seconded: Cr Ann Court That the Council receive the report “Resident Opinion Survey 2017/2018”. |
RESOLUTION TO EXCLUDE THE PUBLIC
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Resolution 2018/70 Moved: Mayor John Carter Seconded: Cr Ann Court 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:
b) That Adele Gardner - Chairperson Te Hiku Community Board; Mike Edmonds - Chairperson Kaikohe-Hokianga Community Board; Terry Greening - Chairperson Bay of Islands-Whangaroa Community Board and Seth Sirestarajah (Senior Project Consultant) be permitted to remain at this meeting after the public has been excluded, because of their knowledge of local wards. This knowledge, which will be of assistance in relation to the matters to be discussed, is relevant to that matter because they advocate for and represent local community views. |
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16 Confirmation of Decision and Information in Public Meeting |
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Resolution 2018/64 Moved: Mayor John Carter Seconded: Cr Kelly Stratford That Council a) confirms that that information contained in the part of the meeting held with the public excluded will not be restated in public meeting b) following decisions contained in the part of the meeting held with the public excluded are to be restated in public meeting Item 10.2 DIRECT APPOINTMENT FOR DUST SEAL EXTENSION 2018-2019 CONTRACT 7/18/304 That Council: a) approve the Procurement Plan for Dust Seal Extensions 2018-19 Package and direct appointment of the FNDC Contract 7/18/304 - Dust Seal Extensions 2018-19 Package to Broadspectrum Ltd b) the budget of $REDACTED excluding GST (inclusive of $REDACTED contingency) be delegated to the General Manager Infrastructure and Asset Management. Item 10.3 DESLUDGING OF KAITAIA WASTEWATER TREATMENT PLANTS POND 1 That the Council, following the recommendation of the Procurement Board: a) approve the direct award to Conhur Limited to desludge Kaitaia Wastewater Treatment Plant’s Pond 1 to the value of $REDACTED b) approve Broadspectrum to manage the works to the value of $REDACTED |
Note - His Worship the Mayor requested that thanks to Samantha Edmonds and her contribution to the Far North District Council be noted.
The meeting closed at 3.55 pm.
The minutes of this meeting were confirmed at the Ordinary Council meeting held on 25 February 2019.
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CHAIRPERSON