AGENDA

 

 

Extraordinary Council Meeting

 

Thursday, 13 June 2019

 

Time:

2.30 pm

Location:

Council Chamber

Memorial Avenue

Kaikohe

 

 

Membership:

Mayor John Carter - Chairperson

Cr Tania McInnes

Cr Ann Court

Cr Felicity Foy

Cr Dave Hookway

Cr Colin (Toss) Kitchen

Cr Sally Macauley

Cr Mate Radich

Cr John Vujcich

Cr Kelly Stratford

 

 


Extraordinary Council Meeting Agenda

13 June 2019

 

COUNCIL MEMBERS REGISTER OF INTERESTS

Name

Responsibility (i.e. Chairperson etc)

Declaration of Interests

Nature of Potential Interest

Member's Proposed Management Plan

Hon John Carter QSO

Board Member of the Local Government Protection Programme

Board Member of the Local Government Protection Programme

 

 

Carter Family Trust

 

 

 

Felicity Foy

Director - Northland Planning & Development

I am the director of a planning and development consultancy that is based in the Far North and have two employees.

 

I will abstain from any debate and voting on proposed plan change items for the Far North District Plan.

I will declare a conflict of interest with any planning matters that relate to resource consent processing, and the management of the resource consents planning team.

I will not enter into any contracts with Council for over $25,000 per year. I have previously contracted to Council to process resource consents as consultant planner.

Flick Trustee Ltd

I am the director of this company that is the company trustee of Flick Family Trust that owns properties on Weber Place, Seaview Road 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, 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 and 1 dwelling at 64 Allen Bell Drive, Kaitaia, and one property at 96 North Road, Kaitaia

 

 

King Family Trust

This trust owns several titles/properties at Cable Bay, Seaview Rd/State Highway 10 and Ahipara - Panorama Lane.

These trusts own properties in the Far North.

 

Previous employment at FNDC 2007-16

I consider the staff members at FNDC to be my friends

 

 

Partner Felicity Foy

Employed by Justaplumber Taipa

 

 

 

Friends with some FNDC employees

 

 

 

Dave Hookway

Resident shareholder in Kerikeri Irrigation

 

 

Declare if issues arise.

Shareholder in Farmlands.

 

 

Declare if issues arise.

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

 

Am employee have no personal gain.

Declare employment should issues concerning the Northland DHB arises.

On property in Waipapa West Rd.

 

Possible issues relating to the street or zoning.

Declare when appropriate.

Colin Kitchen

No form received

 

 

 

Tania McInnes

Director – GBT Ventures Ltd

Company not currently operational

 

Will notify Council if company becomes operational.

Member of Northland Conservation Board

 

Conservation matters not aligned with Council policy.

Will notify Council should a perceived conflict arise.

Trustee – Northland Youth Education Trust

 

No perceived conflicts

Will notify Council should a perceived conflict arise.

Founder – Bay of Islands Women’s Nexus

No perceived conflicts. An informal organisation

 

 

Own a section on Seaview Road, Paihia 0200

 

 

 

Having worked within the organisation in the early 2000’s, I know a number of staff, none of which I am close with.

 

 

 

Mate Radich

No form received

 

 

 

Ann Court

Waipapa Business Association

Member

 

 

Warren Pattinson Limited

Shareholder

Building company. FNDC is a regulator and enforcer

No FNDC Controls

Kerikeri Irrigation

Supplies my water

 

No EM intervention in disputes

Top Energy

Supplies my power

 

No other interest greater than the publics

District Licensing

N/A

N/A

N/A

Top Energy Consumer Trust

Trustee

crossover in regulatory functions, consenting economic development and contracts such as street lighting.

Declare interest and abstain from voting.

Ann Court Trust

Private

Private

N/A

Waipapa Rotary

Honorary member

Potential community funding submitter

Declare interest and abstain from voting.

Properties on Onekura Road, Waipapa

Owner Shareholder

Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)

Declare interest and abstain from voting.

Property on Daroux Dr, Waipapa

Financial interest

 

 

Flowers (I get flowers occasionally)

Ratepayer 'Thankyou'

Bias/ Pre-determination?

Declare to Governance

Coffee and food

Ratepayers sometimes 'shout' food and beverage

Bias or pre-determination

Case by case

Consider all staff my friends

N/A

Suggestion of not being impartial or pre-determined!

Be professional, due diligence, weigh the evidence. Be thorough, thoughtful, considered impartial and balanced. Be fair.

 

My husband is a builder and may do work for Council staff

 

 

Warren Pattinson (Husband)

Warren Pattinson Limited

Director

Building Company. FNDC is a regulator

Remain at arm’s length

Air NZ

Shareholder

None

None

Warren Pattinson Limited

Builder

FNDC is the consent authority, regulator and enforcer.

Apply arm’s length rules

Kurbside Rod and Custom Club (unlikely)

President NZ Hot Rod Association

Potential to be linked to a funding applicant and my wife is on the decision making committee.

unlikely to materialise but would absent myself from any process as would Ann.

Property on Onekura Road, Waipapa

Owner

any proposed FNDC capital work in the vicinity or rural plan change. Maybe a link to policy development.

Would not submit.                                                                              Rest on a case by case basis.

Worked with or for Mike Colebrook and Kelvin Goode

Paid employment

N/A

N/A

Sally Macauley

Chairman

Northland District Health Board

Matters pertaining to health issues re Fluoride and freshwater as an example.

Declare a perceived conflict.

Chairman

Oranga Tamaraki - Ministry of Vulnerable Children- Northland Community Response Forum

Matters pertaining to this ministry

Declare a perceived conflict.

Judicial Justice of the Peace

Visitations to Ngawha Prison

Matters pertaining to Judicial Issues re Ngawha Prison

Declare a perceived Interest

The Turner Centre

FNDC Representative

Observer, acknowledging FNDC financial contribution.

Note FNDC partnership

Trustee

Kaikohe Education Trust

Providing students laptops - possible request for written support to funders

Declare a conflict

Executive member

Kaikohe Business Association

Matters pertaining to request for written support to funders.

 

Chairman

Bay of Islands Arts Festival Trust

Issues pertaining to the application of support funds

Declare a conflict of interests

Trustee

Bay of Islands Radio Marine

Issues pertaining to the application of support funds

Declare a conflict of interets

Secretary/Trustee

Kerkeri International Piano Competition

Issues pertaining to the application of support funds

Declare a conflict of interests

Trustee/Director

Kaikohe Community and Youth Trust

Possible application of support funding

Declare a conflict of interests

Commercial

Palmer Macauley Offices- Kerikeri and Kaikohe

Infrastructural matters with FNDC

Declare a conflict

Private property of which there would not be any conflict.

 

 

Paihia, Kerikeri, Kaikohe

 

 

 

Peter Macauley (Husband)

Senior Partner

Palmer Macauley

 

 

Peter Macualey

Barristers and Solicitors- Kerikeri, Kaikohe and Mangonui

Legal matters with FNDC

 

Director/Trustee

 

 

St John NZ Priory Chapter

St John Priory Chapter

Legal matters with FNDC

Declare a conflict

Senior Partner

Peter Macauley- Palmer Macauley Barristers and Solicitors Kaikohe, Kerikeri AND Mangonui

Legal matters with FNDC

Declare a conflict

St John NZ

Priory Trust Board

Writing of policies and legal matters as an example

Note Interests

Lions Club of Kaikohe

Director

Legal matters etc

Note Interests

Kaikohe Rugby Club

Patron

Legal Matters

 

Viking Rugby Club, Whangarei

Life Member

Legal Matters

 

Private Property

 

 

Kerkeri, Paihia - no contents.

 

 

 

John Vujcich

Board Member

Ngati Hine Health Trust

Matters pertaining to property or decisions that may impact of their health services

Declare interest and abstain

Board Member

Pioneer Village

Matters relating to funding and assets

Declare interest and abstain

Director

Waitukupata Forest Ltd

Potential for council activity to directly affect its assets

Declare interest and abstain

Director

Rural Service Solutions Ltd

Matters where council regulatory function impact of company services

Declare interest and abstain

Director

Kaikohe (Rau Marama) Community Trust

Potential funder

Declare interest and abstain

Partner

MJ & EMJ Vujcich

Matters where council regulatory function impacts on partnership owned assets

Declare interest and abstain

Member

Kaikohe Rotary Club

Potential funder, or impact on Rotary projects

Declare interest and abstain

Member

New Zealand Institute of Directors

Potential provider of training to Council

Declare a Conflict of Interest

Member

Institute of IT Professionals

Unlikely, but possible provider of services to Council

Declare a Conflict of Interest

Member

Kaikohe Business Association

Possible funding provider

Declare a Conflict of Interest

Mike Edmonds

Chair

Kaikohe Mechanical and Historic Trust

Council Funding

 Decide at the time

Committee member

Kaikohe Rugby Football and Sports Club

Council Funding

Withdraw and abstain

Adele Gardner

N/A - FNDC Honorarium

 

 

 

The Far North 20/20 , ICT Trust

Trustee

 

 

Te Ahu Charitable Trust

Trustee

 

 

ST Johns Kaitaia Branch

Trustee/ Committee Member

 

 

I know many FNDC staff members as I was an FNDC staff member from 1994-2008.

 

 

 

Partner of Adele Gardner

N/A as Retired

 

 

 

Terry Greening

Greening Family Trust

Beneficiary

 

Highly unlikely to interface with FNDC

Bay of Islands Walking Weekend Trust

 

Potential of seeking funds

Step aside from any requests or decisions regarding requests

Russell 2000 Trust (Chairman)

 

 

Trust is about to wind up.

Russell Centennial Trust    (Chairman)

Manages Russell Museum

Seeks funds from council

Step aside from any requests or decisions regarding requests

Residence at Kaha Place, Russell

Nil

Nil

N/A

Terry Greening (Wife)

Greening Family Trust

Beneficiary

N/A

N/A

Residence at Kaha Place, Russell

 

 

 

Cr Kelly Stratford

Office manager at Kinghans.

 

 

 

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

None

None

 

KS Bookkeeping and Administration

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

None perceived

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

Kinghans Accounting

Office Administration

None perceived

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

Waikare Marae Trustees

Trustee

May be perceived conflicts

Case by case basis

Kawakawa Business & Community Association

Committee member/newsletter editor and printer

None perceived

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

Bay of Islands College

Parent elected trustee

None perceived

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

Karetu School

Bay Cosmos Soccer

Parent elected trustee. Committee member and coach

None perceived

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

Property in Waikare and Moerewa

 

 

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

Coffee and food

Ratepayers sometimes 'shout' food and beverage

Bias or pre-determination

Case by case

Kelly Stratford (Husband)

Puketona Junction Café

39 Gillies Café

Barista & Chef

Barista

N/A

N/A

Property in Moerewa

 

N/A

N/A

 

 

 


Extraordinary Council Meeting Agenda

13 June 2019

 

Far North District Council

Extraordinary Council Meeting

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

Thursday 13 June 2019 at 2.30 pm

Order Of Business

1         Prayer 10

2         Apologies and Declarations of Interest 10

3         Deputation. 10

4         MAYORAL ANNOUNCEMENTS.. 10

5         Infrastructure and Asset Management Group. 11

5.1           Unbudgeted Expenditure Request: Robertson Street Russell -Stormwater Upgrade. 11

5.2           Te Raupo Road, Off State Highway 11. 18

6         Corporate Services Group. 33

6.1           Additional budget for unsubsidised road sealing. 33

7         Public Excluded. 39

8         Meeting Close. 40

 

 


 

1          Prayer

2          Apologies and Declarations of Interest

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

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

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

3          Deputation

No requests for deputations were received at the time of the Agenda going to print.

4          MAYORAL ANNOUNCEMENTS  


5          Infrastructure and Asset Management Group

5.1         Unbudgeted Expenditure Request: Robertson Street Russell -Stormwater Upgrade

File Number:            A2454529

Author:                     Troy Smith, Assistant Engineer

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

 

Purpose of the Report

To advise Council and seek a decision on proposed remedial stormwater options for Robertson Street, Russell. This would be unbudgeted capital expenditure in 2019/2020.

Executive Summary

During recent years, residents of Robertson Street have had to endure significant uncontrolled stormwater flows, damaging both the road and private property. These occur on average 4 to 5 times a year and create a hazardous situation for pedestrians and road users. The narrow width of the road creates additional dangers.

The existing road drainage system is unable to cope with the volume and velocity of the stormwater flow. In order to protect the public and their assets, Council are seeking approval to upgrade the existing stormwater services in Robertson Street to a more appropriate size.

Investigations into resolving this problem have just been completed, and staff are now recommending that Council approve the $210,750 stormwater upgrade as additional capital expenditure for 2019/2020. If however, there is appetite for a different option, there are several provided.

Recommendation

That Council approve the unbudgeted expenditure of $210,750 in the 2019/2020 Annual Plan to deliver Option 3 as a stormwater upgrade to Robertson Street, Russell. To include the installation of a new 450mm stormwater pipeline, concrete swale drain and collection points for the entire length of Robertson Street.

 

 

1) Background

Many communities in the Far North district are affected by flooding from overland flow. Often the public system is either non-existent or under developed. This issue affects Robertson Street residents in Russell, as well as other road users and the connecting Matauwhi Road.

Council have been contacted a number of times from a number of residents’ expressing concerns with hazardous conditions due to stormwater flows down Robertson Street in Russell.

In March 2018 the first RFS highlighted the maintenance aspects of the issue, with one note stating “The stormwater is badly eroding the side of the road due to a lack of established drains/culverts”; also touching on the temporary effects of any current efforts to repair the damage, mainly through the use of metal fill. This request was closed in July 2018 stating that there is no funding in the current year but the Robertson Street roadside drainage will be reviewed the following financial year 2018/2019.

In May 2018 an RFS covered similar issues to the above request however contains some comprehensive discussion regarding the ‘Robertson Street – Stormwater Upgrade’ project between staff and Robertson Street spokesperson Steve Wood.

In October 2018 there was further correspondence between Robertson Street spokesperson Steve Wood, elected members and Council staff. It also holds information regarding onsite consultation with the affected parties, which has been conducted to ensure the ‘Robertson Street - Stormwater Upgrade’ project caters for all concerns.

The following is a summary of staff investigations and actions taken to date.

Due to the slope of the hillside, a large amount of surface water is directed towards and collected on Robertson Street; one of the main concentration areas being the T- intersection of Gould Street, Brind Road and Robertson Street. The problem is demonstrated by regular surface flooding of the roads and into private property.

The current Council stormwater assets are limited in capacity and incapable of collecting and directing the stormwater in a controlled manner.

These existing services are unable to cope with the amount and velocity of stormwater as it flows down the street. The Council road, private property and other assets are being damaged as a result. This also creates a hazardous situation for pedestrians and road users.

In response to the above, staff have developed a stormwater improvement project which would collect and re-direct the stormwater flow, reducing the damaging affect it has on private property and public assets. Additionally, by piping the open roadside drain, the road will be able to be widened. The wider road will allow safer traffic movements up and down Robertson Street.

In late 2018, after initial planning had begun, the residents contacted Mayor Carter and Community Board Chair Terry Greening to express their concerns regarding the stormwater flows and resulting problems. As a result the local Community Board Chair Terry Greening attended several community engagement meetings with the Robertson Street residents and staff members. Mayor Carter has continued to express his interest in a positive solution.

More recently the project itself has taken form as staff have planned and designed the stormwater upgrade.

The remedial work would include installation of a new 450mm diameter stormwater pipeline down the northern side of Robertson Street for a length of 150 metres with several manholes and drop structures. Additionally, above the pipeline, a 170 metre length of new 700mm wide concrete channel will be installed. This work could be divided into two sections in order to reduce the unbudgeted capital expense, by submitting the second, less critical section, into the future Long Term or Annual Plans.

If divided into two sections, described as Stage 1 and 2; Stage 1 would include all work from the driveway entrance of No. 11 Robertson Street and down to the intersection of Baker Street. Stage 2 would then include all work above the entrance of No. 11 to the intersection of Brind Road.

There is also a portion of budgeted work (hence not part of the budget requested but is dependent on the result) which includes three new road crossing culverts to transfer the water on the southern side, into the new pipeline. The road will also be widened by an extra 1.4 metres due to the additional space as a result of the pipe installation. These could be completed in unison with the proposed project for efficiency purposes.

An overview plan of the proposed project is attached to this report as attachment 1.

2) Discussion and Options

Four options were selected for review.

Option 1     Council does not complete any remedial work for stormwater.

Option 2     Council installs a new stormwater pipeline and swale drain for the lower, more critical half of Robertson Street (Stage 1) as additional capital expenditure. With the remaining work (Stage 2) to be submitted into the Long Term Plan 2021/2031.

Option 3     Council installs a new stormwater pipeline and associated works for the entire length of Robertson Street as additional capital expenditure. (Recommended option).

Option 4     Council submits the Robertson Street project into the Long Term Plan 2021/2031 in its entirety.

Of the four reviewed options, staff consider that Option 3 would be the most appropriate action. Below is a complete review of the four options.

Option 1

The Far North District Council does not complete any stormwater improvement work for Robertson Street. The existing road drains will then remain along with their problems.

Pros: There will be minimal expenditure on council’s behalf.

Cons:

·        Ongoing road and property damage during heavy rainfall remains.

·        There will be increased maintenance expenditure and Council cost.

·        Residents and vehicle traffic will have to endure the hazards of uncontrolled stormwater flows.

·        An on-going lack of stormwater infrastructure in the area which residents could otherwise connect into.

Option 2

The Far North District Council will install a new 450mm diameter stormwater pipeline and swale drain for the lower, more critical half of Robertson Street as unbudgeted capital expenditure. This is from the driveway entrance of No. 11 Robertson Street and down to the intersection of Baker Street (Stage 1).

The installation of an additional pipeline and swale above this section, from the entrance of No. 11 to the intersection of Brind Road, will then be submitted into the Long Term Plan 2021/2031 (Stage 2).

Pros:

·        This will control and convey the most hazardous water currently affecting the residents and road users.

·        Immediate relief will be provided.

·        There will be a reduction in maintenance expenditure and Council cost.

·        The design and plans are already completed for the works.

Cons:

·        There will still be a slight amount of erosion and exposed stormwater flows along Robertson Street.

·        This option will cost $96,615.91 in unbudgeted capital expenditure. Initially, the 2nd most expensive of the four options.

·        A further sum of $114,134.09 will be submitted into the LTP 21-31 for installation of the additional pipeline.

Option 3 (recommended option)

The Far North District Council will install a new 450mm stormwater pipeline, concrete swale drain and collection points for the entire length of Robertson Street, on the north eastern side, as unbudgeted expenditure.

Pros:

·        This will control and convey an estimated 90% of the hazardous water currently affecting the residents and road users.

·        Immediate relief will be provided.

·        There will be a reduction in maintenance expenditure and Council cost.

·        The project can be completed as one, allowing more efficient use of Council time and funding.

Cons:

·        This option will cost $210,750 in unbudgeted capital expenditure. Initially, the most expensive of the four options.

Option 4

The Council will submit the Robertson Street project into the Long Term Plan 2021/2031 in its entirety.

Pros:

·        Upon completion, this will control and convey an estimated 90% of the hazardous water currently affecting the residents and road users.

Cons:

·        For the period between the present and when the installation is completed, the following effects will incur:

o   Ongoing road and property damage during heavy rainfall remains.

o   Residents and vehicle traffic will have to endure the hazards of uncontrolled stormwater flows.

o   A continual lack of stormwater infrastructure in the area which residents could otherwise connect into.

o   There will be increased maintenance expenditure and Council cost.

·        A sum of $210,750 plus inflation will be submitted into the LTP 2021/2031 for installation of the entire Robertson Street project at a time to be determined by the Council.

Reason for the recommendation

Option 3 is the staff recommendation to Council. This provides maximum immediate relief to the residents and road users of Robertson Street. Although this option consists of the highest unbudgeted capital expenditure sum, delaying the work will only result in further damage to public and private property as well as the risk to community safety.

Option 2 is a feasible option on the count that it still provides immediate relief to the worst affected section of Robertson Street. The unbudgeted capital cost is reduced allowing the budgetary impact to be dispersed.

By separating the Robertson Street project into 2 individual parts, additional costs will be incurred through multiple site setups, reinstatements and Council time in administration and project management which could otherwise be saved.

Option 1 is not preferred given the large impact uncontrolled stormwater flows have on the surrounding environment (property and people).

Option 4 will also allow the existing hazards to continue until work is completed in line with the Long Term Plan 2021-31. This is not preferable from the residents and staff point of view given the potential for harm.

3) Financial Implications and Budgetary Provision

The Long Term Plan 2018/2028 includes a total of $14.1m over 10 years for stormwater projects, with $4.4m spread over the first three years. The first three years includes funding for a number of stormwater improvements which are top priority.

Examples of what the first three years of the Long Term Plan 2018/28 includes are:

·    Station Road Kaikohe pipeline (pending additional information) - $1.2m.

·    Plunket Street Kawakawa outlet construction - $180k ($50k 2019 and $130k carried forward).

·    Pembroke Street Kawakawa and surrounding stormwater pipeline - $460k.

·    Commerce Street Kaitaia pipeline - $340k.

·    Minor capital projects - $600k per year.

This project has not been specifically identified within the Long Term Plan 2018-2028 as it is an emerging issue over this financial year (2018-19).

Due to the significant issues experienced and described by the residents, the recommendation is to approve the work as additional capital expenditure. If required, a few select projects within the later years of the Long Term Plan 2018-2028 can be deferred to balance the overall budget.

As part of understanding the financial implications of this proposal, there is also an associated cost for maintenance of the pipeline. Staff have estimated the ongoing maintenance costs to be in range of $2,000 a year.

Maintenance costs will be minimal due to a steep estimated grade of the pipeline. This will result in fewer blockages however any inlet points will need to be checked occasionally.

Attachments

1.       Robertson Street Russell Attachment 1 - Proposed Project - A2485188  


 

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,

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

3.   Assess the options in terms of their advantages and disadvantages; and

4.   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.

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

Compliance requirement

Staff assessment

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

This report has a moderate / low level of significance. Residents of Robertson Street and vehicle traffic at the intersection of Robertson Street and Matauwhi Road will benefit. It could prevent significant erosion of the road and residential properties.

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

This adheres to our current priorities from the Infrastructure Strategy 18-48, working on infrastructure resilience and improvements to infrastructure.

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

This issue has district wide relevance as the solution could potentially be unbudgeted expenditure for the district. This puts it above the community board’s delegation but input and approval by the board is important to us and the community.

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 specific implications for Maori or Maori assets. The community as a whole are able to provide input through staff, or their local elected members.

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.

Residents of Robertson Street and vehicle traffic at the Robertson Street and Matauwhi Road intersection will be affected. Council are working with community members as well as elected members and are willing to consider all views and preferences.

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

There is a reasonably high expenditure associated with this solution and funding is being sort through additional capital expenditure or admittance into the Long Term Plan 2021-2031.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 


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Extraordinary Council Meeting Agenda

13 June 2019

 

5.2         Te Raupo Road, Off State Highway 11

File Number:            A2500313

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

Authoriser:              Shaun Clarke, Chief Executive Officer

 

Purpose of the Report

A request was recently received from an Elected Member to investigate opportunities to repair and/or upgrade Te Raupo Road. This report outlines the findings of this investigation making recommendations on the way forward.

Executive Summary

·        Te Raupo Road has been an on-going issue for Council for a number of years

·        The first 1700m is a paper road which is not maintained by Council

·        The final 300m connecting Te Raupo Road to the Taumarere to Opua cycle trail is in private ownership

·        Council has previously approved expenditure to upgrade the road, then passing responsibility for maintenance to adjoining landowners

·        Council subsequently resolved for staff to work with adjoining landowners to find a solution for future maintenance of the road; subsequent discussions identified that any cost sharing arrangement would not be acceptable to landowners

·        The existing bridge crossing the Kawakawa estuary has an existing posted weight restriction which precludes emergency vehicles

·        Landowners are currently using a section of the cycle trail to access the Te Raupo peninsular

·        The cost of basic repairs to Te Raupo Road to bring it up to a trafficable condition is $15,000

·        The cost of a full upgrade of Te Raupo Road is $889,000

·        Any Council funded work approved for Te Raupo Road is unbudgeted.

 

Recommendation

That Council:

a)      Approves the unbudgeted operational expenditure to undertake basic repairs to Te Raupo Road to bring it up to a trafficable condition, to a maximum cost of $15,000

b)      Subject to written approval from both the Bay of Islands Vintage Railway Trust and KiwiRail, along with appropriate agreements with each landowner, consents to the Pou Herenga Tai Twin Coast Cycle Trail Trust allowing landowners to temporarily access the existing cycle track to gain access to the Te Raupo peninsular.

 

1) Background

Te Raupo Road is located off State Highway 11 between Kawakawa and Opua, near the intersection with Ridgen Road.

It is a metalled paper road which is not maintained by Council. The total length of the legal road is approximately 1700m with a further 300m of road on private property (Brown Family Trust). It is understood that Council has, in the past, taken access by agreement along the whole length of Te Raupo Road for the construction of the Taumarere to Opua cycle trail. (Attachment 1).

The road comprises a bridge crossing the mouth of the Kawakawa estuary at the State Highway end known to Council as bridge T49. This was constructed by the Brown Family Trust. Following a structural inspection and assessment undertaken by Opus in January and February 2017 (Attachment 1), Council had concerns about the structural integrity of the bridge and a weight restriction posted of 1800kg per axle which limits the use of the bridge to vehicles no larger than an SUV. This excludes emergency response vehicles. It is probably that this weight restriction is not complied with.

The road services a total of seven users:

1.   Three properties with access directly from Te Raupo Road

2.   Two properties with access from Te Raupo Road but also with alternative access, although not vehicular

3.   One property with no access from Te Raupo Road and only legal water access, but with informal arrangements for access to Te Raupo Road

4.   One road user (The Council) for access to the cycle trail.

There are ongoing issues with access to these properties, particular as some property owners use the existing rail corridor from opposite Opua Business Park to obtain access. This effectively means vehicles are using a short length of the Taumarere to Opua cycle trail illegally which raises Health and Safety concerns. Council continues to implement physical measures to prevent this access.

A meeting of the Infrastructure Committee held on 12 June 2014 considered a report (Attachment 2) and resolved that:

 

Subsequently works to the value of $63,978 plus GST were undertaken to upgrade Te Raupo Road. There is no record that this resolution was formally communicated to the property owners.

A further report was considered by Council on 14 September 2017 (Attachment 2) to determine a request from property owners for Council to take over the future maintenance for Te Raupo Road. Six options were considered:

Option 1 - Council to take on maintenance responsibility for the road and bridge as is – no upgrade to bridge, obtain Right of Way (ROW) across Brown family Trust land to cycleway.

Option 2 - Require the users to upgrade both the road and bridge to a standard acceptable to Council; split the cost, Council take responsibility for maintenance and obtain the 300m length of private road.

Option 3 - Require Council to fund cost to upgrade bridge and road.

Option 4 - Investigate option of alternative access to State Highway bypassing the bridge, combine with road upgrade and funding options under option 2 and 3.

Option 5 - Status Quo, no upgrade of bridge and road, users and residents remain responsible for maintenance.

Option 5A - Status Quo, no upgrade of bridge and road, residents remain responsible for maintenance plus negotiate with an affected landowner for alternative access.

Option 6 - Explore a combination of offered options with residents to find a mutual way forward.

Under each of these options resulting in the transfer of responsibility for maintenance to Council, there was an underlying need for agreement with the Te Raupo Trust for access over the of land from where the public road finishes to the joining point of the cycle trail corridor (approximately 300m).  This is still a matter that needs resolution.

It was resolved that Council agrees to option six, to explore a combination of offered options with residents to find a mutual way forward.

There was a subsequent meeting with property owners on 5 April 2018. The general view of the landowners is that the shared cost between the six landowners and Council was not acceptable.  It would appear that there has been little further progress since this time.

An alternative access route to Te Raupo Road, running between the causeway on State Highway 11 (opposite the Opua Business Park) and the Te Raupo peninsular (approximately 350m), has been assessed. The estimated cost of this alternative ($1.2m), along with environmental considerations relating to the existing mangroves, would suggest that this alternative is not practicable. 

The request that Council takes over responsibility for the maintenance of Te Raupo Road has previously been tested against Council Policy 4103, Limits of Council Responsibility for Formation /Maintenance of Roads. The criteria in the policy are not met.

Currently landowners are taking access to the Te Raupo peninsular using the cycle track from opposite the Opua Business Park. A number of initiatives to physically prevent this have proven unsuccessful in the past. The Pou Herenga Tai Twin Coast Cycle Trail Trust, who manages the cycle trail on behalf of Council, is proposing installing an automated gate opposite the Opua Business Park to stop general vehicle access onto the cycle trail. Subject to approval from KiwiRail, the Bay of Islands Vintage Railway Trust (BOIVRT) and health and safety assessments, the Te Raupo Peninsula residents will be provided with a code to access the gate and utilise the cycle trail until the PGF funds are secured. An individual agreement would need to be arranged by the Cycle Trail Trust with each landowner.

A further consideration is that a special purpose company, Northland Adventure Experience Limited (NAX Ltd), has been established to develop and deliver a Provincial Growth Fund (PGF) bid for the extension of the Bay of Island Vintage Railway from Taumarere to Opua, including the replication of the existing cycle trail that would otherwise be lost. The PGF application scope will include the upgrade of Te Raupo Road.

Council approved the incorporation of a registered limited-liability company and the holding of 24% of the shares in NAX Ltd at its meeting of 13 December 2018. However, it also resolved that:

      iii) The company may not expose the Council to financial liabilities without agreement

NAX Ltd requires land security between Kawakawa and Opua to underpin the PGF submission. However, Land Information New Zealand (LINZ) manages the land associated with the section of the cycle trail between Bridge 12 and Opua. This is land banked for Treaty Settlements. LINZ require NAX Ltd to consult with Tangata Whenua before a lease for the use of the land will be granted. LINZ also requires NAX Ltd to be guided by the wishes of Tangata Whenua.

NAX Ltd, in seeking the support of Tangata Whenua for the PGF application, has been advised that access for landowners to the Te Raupo peninsular is required through an upgrade of Te Raupo Road. Landowners would then use Te Raupo Road to access the State Highway rather than the cycle trail.

A meeting of the Bay of Islands Vintage Railway Trust held on 8 April 2019 resolved that (Attachment 3):

·    That the upgrade of Te Raupo Road should be an urgent undertaking by Far North District Council, and at Council’s expense. Such an upgrade to be completed by 31st July, 2019. 

Subsequent conversations between The Pou Herenga Tai Twin Coast Cycle Trail Trust and John Law representing NAX Ltd have confirmed that “There is no need to do an upgrade to Te Raupo Road now until the PGF funding is secured”.

Any sunk costs incurred in the preparation of the PGF bid, along with any other costs incurred, are generally not refundable through the PGF process.

2) Discussion and Options

There are currently two ways for landowners to gain access to the Te Raupo peninsular from the State Highway, namely over Te Raupo Road or traversing the cycle track. Despite previous Council investment to upgrade the road, land owners have not undertaken any subsequent maintenance and the road now is difficult to traffic and there are structural concerns with the existing bridge T49 crossing the mouth of the Kawakawa estuary.

A number of land owners are currently using the cycle track to gain access to the peninsular, despite previous Council efforts to physically prevent this. The Pou Herenga Tai Twin Coast Cycle Trail Trust is now seeking to formalise this arrangement with landowners, but they also require the written agreement of both KiwiRail and BOIVRT.

There are potentially a number of issues for Council to consider in respect of this proposal and before providing consent to the Cycle Trail Trust:

 

1.   Normal road rules apply. If there were to be an accident and a person is injured ACC will pick up all the costs surrounding the injury. If there is loss of property and the driver of the vehicle caused the accident he/she will be liable in the first instance. The Cycle Trail Trust, more than the Council, may have some exposure from a health and safety point of view as the operators of the cycle trail.

2.   A nuisance may be considered as being created by Council by consenting to the use of motor vehicles on the cycle trail. However, this can be mitigated by a number of steps to reduce any potential harm:

(a)  Having an agreement that the users be limited with strict access control.

(b)  An greed low speed limit of say 30kph

(c)  Clearly visible signage warning cyclist of the potential of coming across a motorist.

(d)  An agreement that the cyclists have right of way.

(e)  Access to the cycle trail by vehicle must be stressed to be a privilege not a right and any complaints if found to be justified can result in the immediate cancellation of the right of access.

3.   There is a high probability that if anyone sued the motorist, Council will be joined to the proceedings, notwithstanding a low probability of success. The problem is that the Council is seen to have deep pockets and a finding of 10% of the blame could result in Council carrying the entire claim if the motorist has no money or assets.  

4.   There is also a risk of reputational damage to the cycle trail as a tourist attraction and Council if there is an accident.

 

 

The other concern is that consent would create a precedent. When negotiating and constructing the trail there were numerous request by different people along the cycle trail to access the track  for walking dogs, horse trails, off road motor cycles and vehicle access. All of these were strongly resisted at the time. 

 

NAX Ltd is currently preparing a PGF submission for the extension of the Bay of Island Vintage Railway from Taumarere to Opua, including the replication of the existing cycle trail. This submission will include the upgrade of Te Raupo Road.

Accordingly, there would be little benefit in Council investing unbudgeted capital to undertake the full upgrade of Te Raupo Road and replace the bridge across the estuary at this time. Any costs incurred would not be recoverable through the PGF process.

There is also the residual issue of the length of private road which connects the public road to the cycle trail. As a minimum there would need to be a legal agreement in place that gave the general public access to this length of private road before public funds could be expended on maintenance. Preferably a right of way easement or agreement to have the road vest in Council is needed to ensure public access.

However, Council could elect at this time to spend an unbudgeted Operational sum of $15,000 for the cost of repairs to bring the road up to a basic trafficable condition.   This includes removing vegetation, reinstatement of potholes, the application of additional road metal and regrading.  This would provide some relief to landowners and encourage them to use Te Raupo Road in preference to the cycle track.

Reason for the recommendation

The issue of the maintenance of Te Raupo Road has been ongoing for a considerable period of time with no satisfactory conclusion for Council or residents.

The road and associated bridge do not meet the minimum requirements of Council’s Council Policy 4103, Limits of Council Responsibility for Formation /Maintenance of Roads.

There is increasing pressure from NAX and the Pou Herehga Tai Twin Coat Cycle Trail Trust to find a resolution to the issue, particularly as Te Raupo peninsular residents are currently driving along the existing cycle trail to access their properties.

However, there would be little benefit to Council investing in a full upgrade of Te Raupo Road whilst this is the subject of a proposed PGF submission by NAX Ltd. In the interim period basic repairs are proposed.

3) Financial Implications and Budgetary Provision

There are no budgets included in the Long Term Plan for Te Raupo Road.

The 2017 Council report included approximate costs for replacing the existing bridge and a full upgrade of Te Raupo including sealing. The estimated costs reported then are reproduced below, but adjusted for inflation.

·    Bridge Replacement                    $209,000

·    Road Upgrade                             $679,250

The total unbudgeted investment required is therefore $888,250. It is unlikely that NZTA subsidy would be achievable for this work and therefore the full cost would accrue to Council. If rated District Wide then the increase in operational costs associated with depreciation and interest would be:

Depreciation

Only 34% of depreciation is funded on the basis that NZTA will contribute 66% to future renewals.

Road upgrade $679,250

The average weighted life of a road would be 15 years therefore depreciation would be $45,283 of which 34% would be “funded” and this would equal $15,396.

Bridge replacement $209,000

The average weighted life of a bridge would be 80 years therefore depreciation would be $2,612.50 of which 34% would be “funded” and this would equal $888.

Therefore total “funded” depreciation would be $16,284.

Interest per annum on the total sum of $888,250 would be $35,530 based on a rate of 4%.

This would be a total operational impact of $51,814 or 0.06% on the total rate to rate increase.

 

If the upgrade cost were to fall to landowners and Council, then the individual contributions would be approximately $127,000. The rate impact would equal to depreciation as above plus $5,080 for interest per annum on Council’s share of $127,000. Total impact $21,364 or 0.02% on the total rate to rate increase

If Council elected to maintain the road and bridge, the annual increase in operational costs for maintenance, structural inspections, and recovery of staff time would amount to approximately $5,000 to $10,000 annually. Resealing would be required every 10 to 15 years at a cost of approximately $50,000. The initial operational impact of up to $15,000 for maintenance as per the resolution would be 0.019% on the total rate to rates increase

Reconstruction may be required at some point in the next 25-30 years at a rough order cost of $200,000.

If the road were part of the FNDC road network these costs would not be separately budgeted for. The road would simply be part of the overall optimisation of available funds to deliver the agreed level of service.

 

Attachments

1.       Te Raupo Road Plan - A2501087

2.       Council Report 12 June 2014 - A2501126

3.       2019.04.08 BOIVRT resolution re Rail Corridor - A2501440  


 

Compliance schedule:

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

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

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

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

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

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

 

Compliance requirement

Staff assessment

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

Low significance

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

Policy 4103, Limits of Council Responsibility for Formation /Maintenance of Roads.

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.

Local relevance only

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.

As identified in the report content.

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.

Existing residents taking access from Te Raupo Road

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

Detailed in report

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 


Extraordinary Council Meeting Agenda

13 June 2019

 

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Extraordinary Council Meeting Agenda

13 June 2019

 


Extraordinary Council Meeting Agenda

13 June 2019

 

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Extraordinary Council Meeting Agenda

13 June 2019

 

Proposal in light of the conflict of interest and use over the Railway Corridor between Te Raupo Road and Bridge 12 at Opua.

To: Far North District Council, Pou Herenga Tai Cycleway Trust.

As agreed by Resolution of the Bay Of Islands Vintage Railway Trust during their meeting on 8th April, 2019.

Situation:

The following reiterates or adds to the discussion of 2nd April regarding the letter from Johnson Davis.

1.    The lease of the railway corridor is with Bay Of Islands Vintage Railway Trust (BOIVRT).

2.    The Deed of the lease established 20 January 1993 states the purpose as being:

·    To provide tourist attractions for the district of the Bay Of Islands within New Zealand

·    To preserve the rail line between Kawakawa and Opua including the operation of the tourist rail line

·    To obtain necessary leases and licences to operate the tourist rail line.

3.    In view of the above, the Vintage Railway Trust is extremely concerned that it must not be put into a situation that places the lease and the accompanying benefits to the region at any risk. Use of any portion of the railway corridor by vehicles unauthorised by the Trust puts the lease in jeopardy.

4.    The Vintage Railway is totally committed to the sub lease of a portion of the rail corridor to enable permanent use for the Pou Herenga Tai Cycleway to be put into effect. This is a core component of the Railway’s Business Case and of the current application to the Provincial Growth Fund (PGF).

During the BOIVRT meeting on 8th April, 2019, it was resolved that:

1.    BOIVRT requires that no decisions – written or oral – relating to the use of the railway corridor can be entered into without the formal approval and/or the involvement of BOIVRT as the owner of the Lease.

2.    That FNDC / Cycleway Trust should provide a written guarantee to BOIVRT that all accidents of any sort to cyclists or pedestrians resulting from the use of the railway corridor be the sole responsibility of FNDC / Cycleway Trust.

3.    That all signage, etc, relating to the use of the Railway Corridor must first be approved by BOIVRT.

4.    That the upgrade of Te Raupo Road should be an urgent undertaking by Far North District Council, and at Council’s expense. Such an upgrade to be completed by 31st July, 2019. 

Please confirm that you agree to the above comments and conditions within 5 working days.

 


Extraordinary Council Meeting Agenda

13 June 2019

 

6          Corporate Services Group

6.1         Additional budget for unsubsidised road sealing

File Number:            A2521211

Author:                     Janice Smith, General Manager - Corporate Services (Acting)

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

 

Purpose of the Report

To seek direction from elected members in relation to the provision of additional budget for unsubsidised road sealing.

Executive Summary

·        The draft annual plan for 2019/20 already includes provision for additional road sealing of $2m, of which $1m is unsubsidised.

·        The current provision would achieve approximately 6.5km of additional seal.

·        The NTA will be seeking approval to bid for additional funding via the NZTA Dust Mitigation Initiative (DMI), Provincial Growth Fund (PGF) and Tourism Infrastructure Fund (TIF) programmes.

·        Any funding secured via the programmes mentioned would increase the effectiveness of Council’s local share by 66% (50% for TIF)

·        Elected members have indicated that they would welcome a discussion relating to additional budget in 2019/20 for unsubsidised road sealing.

·        It is recommended that the request for additional funding for unsubsidised road sealing be declined.

·        Any decision made to increase funding also needs to be considered alongside the wider capital programme and future rate increases as the rate limit within the financial strategy will be breached and if $3m per year was approved, the available headroom for borrowing would be $70m at its lowest point (based on current asset information).

·        Funding beyond 2019/20 would trigger an LTP amendment due to significance as assessed by the Significance and Engagement Policy, particularly with regard to the change in levels of service being both major and long term.

 

Recommendation

That Council :

a)      Decline the request for additional budgetary provision for unsubsidised road sealing for 2019/20 and beyond.

b)      And that the issue of additional funds for road sealing be revisited once the outcome of any bids for DMI, PGF and TIF are known.

 

 

 

1) Background

In recent weeks, elected members have indicated that a discussion concerning additional sealing of roads in the Far North would be welcomed. At deliberations for the 2018/28 Long Term Plan (LTP) an additional $1m per annum was provided for unsubsidised road sealing for the full 10 years of the plan.

2) Discussion and Options

The $2m that is provided in year 2 of the LTP (2019/20) will provide approximately 6.5kms of road sealing within the District. The NTA is currently developing a matrix to determine which roads are priority and this will be reported back to Council at the 27 June meeting. The current length of the unsealed road network is 1,650km.

This report will consider what could be achieved with additional funding of $1m, $2m and $3m for unsubsidised road sealing in 2019/20.

 

 

Financial Strategy Limits

Draft Annual Plan

$1m addition

$2m addition

$3m addition

Rate increase 20/21

4.7%

3.73%

3.85%

3.98%

4.10%

Borrowing headroom 19/20

$206m

$125m

$123m

$121m

$119m

Approx. Seal

 

6.5km

9.75km

13km

16.25km

The movement in borrowing headroom does not exactly mirror the dollar movement as it is based on actual borrowing values and rounding of those numbers affects the calculation.

Staff were also asked to consider the impact of additional funding for the remainder of the LTP period.


 


 

The current draft annual plan position is as follows:

 

The current information indicates that we will breach the rate increase limit in 2021/22 based on current plans and the headroom on the debt ceiling would be at it’s lowest point of $85m in 2023/24.

 

The following tables indicate the change if the additional funding of $1m, $2m and $3m is applied to the remainder of the LTP period:

 


 


Extraordinary Council Meeting Agenda

13 June 2019

 

Deliverability

With an ongoing higher funded programme of works, there is the need to consider the market’s residual capability (capability beyond the current capital delivery programme) to absorb and effectively deliver on a significantly increased overall annual work load. Growth of the local construction industry will therefore need to be considered in the forward work programmes. As a minimum, a guaranteed forward works programme and maybe the ability to ramp up, as resource and investment is met within the industry.  Industry responds favourably to a consistent and stable pipeline of work.

These concerns would be even greater if the increased work programme was for only one construction season. Both the capacity and the desire for the industry to invest in resource and plant would be very challenging.

Council will be asked to consider approving the NTA to bid for additional resources from the Dust Mitigation Initiative (DMI), the Provincial Growth Fund (PGF) and the Tourism Infrastructure Fund (TIF). The bids to the DMI and PGF, if successful, would attract subsidy of 66% and bids to TIF would attract subsidy of 50%. The likelihood of successful bids is currently unknown.

In all three cases, additional local share would be required to support the bids and this means that any additional funding approved for road sealing in association with these bids would see a significant increase in Council’s ability to seal roads within the District.

Significance

It should also be noted that if a decision was taken to add additional budget over the remainder of the LTP, the cumulative total would breach Council’s Significance and Engagement Policy and this would then require consultation with the community and an amendment to the 2018/28 LTP. A decision has been taken that the 2019/20 Annual Plan would not be consulted on therefore any extended funding decision would trigger a Special Consultative Process. A decision could therefore only apply to funding for 2019/20 with any further funding forming part of an LTP amendment for 2020/21 or incorporating into the next LTP.

Reason for the recommendation

Adding additional funding for unsubsidised road sealing in isolation of the proposed bids for subsidy will limit the impact that Council funded local share will have on the District. Decisions need to consider the impact on the ability of the NTA and the wider industry to deliver additional work in 2019/20. Any decision made to increase funding also needs to be considered alongside the wider capital programme and future rate increases as the rate limit within the financial strategy will be breached and if $3m per year was approved, the available headroom for borrowing would be $70m at its lowest point (based on current asset information). Funding beyond 2019/20 would trigger an LTP amendment due to significance as assessed by the Significance and Engagement Policy, particularly with regard to the change in levels of service being both major and long term.

3) Financial Implications and Budgetary Provision

The financial implications are contained within the report

Attachments

Nil


 

Compliance schedule:

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

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

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

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

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

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

 

Compliance requirement

Staff assessment

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

Currently low but would become high if a decision were taken to fund over the remaining life of the LTP

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

N/A

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.

Community board views have not been sought due to the urgency required for a decision prior to the adoption of the Annual Plan for 2019/20

State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.

N/A

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

N/A

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

Included in the report

Chief Financial Officer review.

The Chief Financial Officer prepared this report

 

  


Extraordinary Council Meeting Agenda

13 June 2019

 

7          Public Excluded  

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendation

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

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

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

7.1 - Supplier Recommendation and request for additional budget for the Animal Care Facility Kaitaia

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

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

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

7.2 - A Resilient Water Supply for Kaitaia

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

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

s7(2)(j) - the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage

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

 

 

 

 

 

 


Extraordinary Council Meeting Agenda

13 June 2019

 

8          Meeting Close