S.2 Notice
of Motion - Cr Hookway - Russell Wharf
File
Number: A2534441
I, Councillor Dave Hookway, give notice
that at the next Ordinary Meeting of Council to be held on 27 June 2019, I
intend to move the following motion:
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Motion
That Council reaffirms its
decision to transfer the Russell wharf to FNHL for $1 as agreed in its Long
Term Plan 2018-2028, subject to the execution of a legally-binding agreement
between Far North Holdings Limited and the newly proposed Trust, that
provides for:
1. community and tangata whenua input into the Wharf’s
development, future direction, management and governance
2. a requirement to transfer the wharf back to the ownership of the
FNDC for $1 should FNHL choose to divest it in the future.
3. That accumulated depreciation reserves for the Russell Wharf be
retained by Council.”
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Rationale
In the deliberations for the Long Term plan
ratepayers were asked if they supported the transfer of the Russell Wharf to
Far North Holdings Ltd. The premise was that the Wharf required further work
and maintenance. Bu transferring it to FNHL, They would be able to access PGF
money to help repair the structure.
It was also agreed that this would be done
in consultation with the (current) Russell Wharf and Waterfront Trust. New
proposals have this Trust being replaced by a new entity. The proposed MOU
between the new entity and FNHL makes reference to the ability should FNHL
choose to sell the wharf, that it can be to the new trust OR NOMINEE.
This opens the possibility of the current publicly owned asset fallen into
private hands or even foreign ownership. The original council consultation did
not include the propensity for a new – and different – trust.
Council in moving the motion in the LTP
agreed that depreciation reserves allocated for the wharf could be distributed
to FNHL – but this was not consulted on directly in the LTP process with
the public. Further, since council does not retain cash reserves, such
(deprecation) money as has been paid by the Russell ratepayers will now have to
be borrowed if it is to be paid to FNHL.
I consider it vital that elected members
reconsider the details for the transfer given that circumstances have changed.
Decision by council for LTP 2018-2028
Russell Wharf
1.4a) That Council approves option 4a
(transfer the wharf to FNHL for $1) as proposed in the Consultation Document,
subject to the execution of a legally-binding agreement between FNHL and the
Russell Wharf and Waterfront Trust that provides for:
- community and tangata whenua input into
the Wharf’s development, future direction, management and governance
- a first option for the Trust to buy the
wharf should FNHL wish to divest it in the future.
1.4b) That accumulated depreciation
reserves for the Russell Wharf be retained by Council and distributed to FNHL,
for expenditure on the wharf, as and when the funds are required
Long Term Plan report from staff
Staff comment:
In 2011, the wharf needed repair
(replacing piles, walkway planks and steps). The community also asked for
enhancements to the wharf. Council and the Russell community (through the
Russell Wharf and Waterfront Trust) committed funding ($100,000) and volunteer
time to complete the repairs and LTP 2018-28 Deliberations – Issues &
Recommendations Document number A2041236 improvements (including the boat ramp
which was built with volunteer labour). The repairs were finished in 2012.
Under our 2012 agreement with the Russell
Wharf and Waterfront Trust, if Council divests the wharf within 10 years (i.e.
by 2022) we are required to repay $100,000 to the Trust (so they can use the
money on an alternative community project) and offer them first option to
purchase the wharf at market value.
Over the consultation period the Russell
Wharf and Waterfront Trust and FNHL held public meetings and ran drop in
centres, supported by Council officers and elected members, to enable the
community to understand the proposal and give feedback.
Formal feedback to Council though the
submissions process shows majority support (74%) for option 4a.
Of the 568 submissions received on the
matter, 383 came from within the BOI-Whangaroa ward, with approximately 263
from the Russell area. 215 (or 82% of) Russell residents want to see the wharf
put in the hands of FNHL while 48 prefer it stay in Council ownership.
Comments clearly indicate that much of the
support for 4a was conditional on community involvement in an expanded Russell
Wharf and Waterfront Trust working in partnership with FNHL, along with and
controls on FNHL’s ability to divest the wharf at a future date.
Draft agreements are being prepared by the
Trust and FNHL to address the matters raised by submitters and in the public
meetings.
Council has accumulated $904,000 in its
depreciation reserves for the wharf. Some submitters suggested that this be
transferred to FNHL. FNHL will receive $1.114m for the Russell wharf (wharf,
jetty and associated services enhancements) from the Provincial Growth Fund,
subject to final business case approval.
I commend
this Notice of Motion to Council.
Attachments
1. Notice of Motion - Cr
Hookway - A2534361 ⇩ 
2. Notion of Motion - Cr
Hookway - email support from Cr Foy - A2534359 ⇩
3. Notion of Motion - Cr
Hookway - email support from Cr Vujcich - A2534360 ⇩
14 Infrastructure
and Asset Management Group
14.1 Minerva
Steamboat Project Grant
File
Number: A2529849
Author: Glenn
Rainham, Manager - Infrastructure Operations
Authoriser: Shaun
Clarke, Chief Executive Officer
Purpose of the Report
To obtain approval for the allocation of up to $21,000 from
the 2019/20 operational grant to the Pou Herenga Tai Twin Coast Cycle Trail
Trust (“Cycle Trail Trust”) to enable the Cycle Trail Trust to
provide the Minerva Steamboat Project with a grant.
Executive Summary
· The Cycle Trail Trust seeking approval to allocate $21,000 from its
2019/20 operational grant to enable the Cycle Trail Trust to provide the
Minerva Steamboat Project with a grant.
· The Cycle Trail Trust has approached Council as required under the
Service Agreement between the Far North District Council and Cycle Trail Trust.
· The allocated funds will be used by the Minerva Steamboat Project to
assist in the transportation of a steam engine from the United States to New
Zealand.
· The Minerva Steamboat restoration work project is an integral part
of the connectivity by sea for the Twin Coast Cycle Trail.
· Management support this request from the Cycle Trail Trust, subject
to confirmation from the Cycle Trail Trust that they can effectively operate on
a reduced 2019/20 operational grant.
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Recommendation
That Council
a) approves
the allocation of up to $21,000 from the Pou Herenga Tai Twin Coast Cycle
Trail Trust from its 2019/20 year operational grant, to enable the Cycle
Trail Trust to provide the Minerva Steamboat Project with a grant; subject to
b) receiving
written confirmation from the Pou Herenga Tai Twin Coast Cycle Trail Trust
that they can effectively operate on a reduced 2019/20 year operational grant
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1) Background
The SS Minerva was built in 1910
by Charles Bailey Jnr for the Clevedon Steam Navigation Company and ferried
passengers between Auckland and Clevedon. In its later life the vessel was used
to tow logs on the Kaipara Harbour, as a private launch, a floating brothel, a
fishing boat and an America's Cup viewing boat.
Restoration of the century-old ferry has been progressing
slowly over a number of years. It has been acknowledged by those undertaking
this work that the real challenge in restoring the Minerva will be the
replacing of the steam engines.
The Minerva Steamboat restoration project has recently
identified a steam engine in the United States and is urgently seeking $21,000
to assist in the transportation to New Zealand.
2) Discussion and Options
Connectivity by sea is now an integral part of the Pou
Herenga Tai Twin Coast Cycle Trail’s expansion and the Minerva Steamboat
restoration work project has been added to the PGF application, prepared by
NAX, to assist with the desired expansions.
The Pou Herenga Tai Twin Coast Cycle Trail Trust wrote to
ask for an advancement of $21,000 from its 2019/20 year operational grant to
enable the Cycle Trail Trust to provide the Minerva Steamboat Project with a
grant. (Letter from the Cycle Trail Trust is attached). Due to timing, this
will not be an advancement but will be from the 19/20 operational funds.
The Service Agreement between the Far North District Council
and the Pou Herenga Tai Twin Coast Cycle Trail Trust establishes the framework
for the on-going relationship between the parties in delivering their
respective obligations including operational matters including services,
management, financial and reporting elements.
A key principle is that public funding should come with
explicit accountability to provide public value. In addition, Section 6.1 of
the Service Agreement sets out the accountabilities and responsibilities of
each party and with respect to its annual funding, the Cycle Trail Trust is to
prepare and submit this to Council. There are also obligations on Council to
ensure there is sufficient funding available for the Cycle Trail Trust and
cycle trail to meet the joint objectives.
It is the aforementioned reasons that the Cycle Trail Trust
has approached Council and their request has been presented for Council
consideration and approval.
Council has two options:
Option 1 [Recommended
Option]
To approve the Pou Herenga Tai Twin Coast Cycle Trail Trust
allocate up to $21,000 from its 2019/20 financial year operational grant,
to the Minerva Steamboat Project to assist in the transportation costs of
a steam engine from the United States to New Zealand.
As a party to the Trust Deed establishing the Pou Herenga
Tai Twin Coast Cycle Trail Charitable Trust and the provider of annual
operating grants, it would represent sound and prudent management, to seek
confirmation that the allocation of this sum does not result in the Cycle Trail
Trust being unable to operate effectively over the remainder of the 2019/20
year.
Option 2
To decline to support the request from the Pou Herenga Tai
Twin Coast Cycle Trail Trust for the allocation of up to $21,000 from the
2019/20 financial year operational grant for the purposes as described in
option 1.
Reason
for the recommendation
Management support this recommendation due to the following
reasons:
1. To
support the Pou Herenga Tai Twin Coast Cycle Trail Trust, acknowledging their
view that this restoration project enhances the trail’s expansion, with
an integral part being connectivity by sea.
2. There
is nil additional financial impact to Council. Confirmation from the Cycle
Trail Trust that they can effectively operate on a reduced 2019/20 year
operational grant will be obtained prior to the release of funds.
3) Financial Implications and Budgetary
Provision
Far North District Council allocates $265,000 towards the
Pou Herenga Tai Twin Coast Cycle Trail Trust as an annual operational grant.
This report requests approval to allocate up to $21,000 of
the 2019/20 Financial Years Pou Herenga Tai Twin Coast Cycle Trail Trust
operational grant to provide the Minerva Steamboat Project with a grant.
There is nil additional financial impact to Council
Attachments
1. Letter to FNDC RE -
Minerva Grant - A2530201 ⇩
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.
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Compliance
requirement
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Staff
assessment
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State the level of significance
(high or low) of the issue or proposal as determined by the Council’s
Significance and Engagement Policy
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Low
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State the relevant Council
policies (external or internal), legislation, and/or community outcomes (as
stated in the LTP) that relate to this decision.
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N/A
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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.
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N/A
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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.
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N/A
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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.
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N/A
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State the financial implications
and where budgetary provisions have been made to support this decision.
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Included within the report
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Chief Financial Officer review.
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The Chief Financial Officer has
reviewed this report
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10.5 Remits
for Consideration at 2019 LGNZ AGM
File
Number: A2518891
Author: Aisha
Huriwai, Team Leader Governance Support
Authoriser: William
J Taylor MBE, General Manager - Corporate Services
Purpose of the Report
To provide Council with an opportunity to consider its
position on each of the remits for consideration at the 2019 Local Government
New Zealand Annual General Meeting.
Executive Summary
· 24 remits are included on the 2019 LGNZ AGM agenda.
· His Worship the Mayor will be attending the LGNZ AGM with voting
rights on behalf of Far North District Council.
· Adopted remits become LGNZ Policy.
· The AGM is scheduled for 7 July 2019 in Wellington.
· The Far North District Council vote is worth 5 votes in accordance
with the LGNZ constitution.
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Recommendation
That the Far North District Council supports the
following 2019 Local Government New Zealand Remits:
· Climate
Change - Local Government Representation
· Ban
on the sale of fireworks to the general public
· Prohibit
Parking on grass berms
· Short
Term Guest Accommodation
· Nitrate
in drinking water
· LGOIMA
reporting
· Weed
Control
· Building
Defects Claims
· Social
Housing
· Procurement
· Single
Use Polystyrene
· Local
Government Act 2002
· Campground
regulations
· Climate
Change - Funding Policy Framework
· Road
Safety
· Mobility
Scooter Safety
· Museums
and Galleries
· Resource
Management Act
· Mayor
Decision to appoint Deputy Mayor
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1) Background
Each year LGNZ calls for proposed remits to be considered at
their Annual General Meeting. Nominating Councils must have endorsement from 5
other Councils. The AGM votes on these proposals and adopted remits become LGNZ
Policy.
Far North District Council has provided endorsement in
principle to Whangarei District Council for remit number 24 – Beauty
Industry - which seeks to develop and implement national guidelines, and policy
to achieve national consistency for the largely unregulated ‘health and
beauty clinic’ industry. Endorsement was provided with the understanding
that Council was yet to consider whether it supported the remit.
There were an additional 5 remits submitted. The LGNZ Remit
Screening Committee has referred them to National Council for action rather
than at the AGM. Remits can be referred directly to National Council if they
are already part of the LGNZ work programme or are technical in nature.
His Worship the Mayor will be attending the LGNZ AGM and
will be able to put forward the view of the Far North.
2) Discussion and Options
The proposed remits are briefly summarised in Attachment 2.
Subject matter expert staff have provided comment, where applicable, as to
whether each remit aligns with existing FNDC policy or processes.
Reason
for the recommendation
To allow Council to determine its position on each remit for
His Worship the Mayor to put forward at the LGNZ AGM.
3) Financial Implications and Budgetary
Provision
There are no financial implications in endorsing (or not),
remits at the LGNZ AGM. There is a cost in the Mayor attending the meeting in
Wellington, however these costs are already covered by his arrangements to
attend the LGNZ Conference in July this year.
Attachments
1. 2019 LGNZ AGM Remits -
A2523260 ⇩
2. Commentary on Proposed
Remits for LGNZ AGM - A2531926 ⇩
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.
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Compliance
requirement
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Staff
assessment
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State the level of significance
(high or low) of the issue or proposal as determined by the Council’s
Significance and Engagement Policy
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This is a matter of low
significance.
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State the relevant Council
policies (external or internal), legislation, and/or community outcomes (as
stated in the LTP) that relate to this decision.
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Staff have been asked to comment
on how each proposed remit aligns with existing council policies and processes.
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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.
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These are matters considered to
have national impact that we have opportunity to comment on from a district
perspective. The views of the Community Boards have not been sought due to
time constraints.
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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.
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Some of the remits will have a
higher impact or require a higher level of engagement with māori than others in which staff
have considered when providing comment.
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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.
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This report seeks the
Council’s views on matters considered to have potential impact across
the nation.
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State the financial implications and
where budgetary provisions have been made to support this decision.
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There are no financial
implications or need for budgetary provision in formulating a view on this
remits.
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Chief Financial Officer review.
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The CFO has reviewed this report.
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Ordinary Council
Meeting Agenda
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27 June 2019
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Attachment
2:
Commentary on Proposed Remits for LGNZ AGM
1 Climate
Change - Local Government Representation
That LGNZ calls on the Governance
to include local government representation at all levels of policy development,
technical risk and resilience assessment, and data acquisition on climate
change response policies – with an emphasis on climate adaptability:
policy; legal; planning; and financial compensation regimes.
Staff recommend
supporting this remit for the following reasons:
a. We
are signatories to the climate change declaration and therefore should have
input into discussions to mitigate and adapt to Climate Change
b. We
have reviewed the Climate Change Response (Zero Carbon) Amendment Bill and will
respond via two channels:
i. A combined
submission with the Tai Tokerau Climate Change Adaptation Working Group as it
relates to adaptation;
ii. A separate,
individual submission by Far North District Council on the wider Bill and the
potential effects through implementation on Far North District communities
c. Overall,
we should advocate for a ‘greater balanced approach’ between
Central and Local Government to be arrived at: In the Central
Government’s proposed National Risk Assessment, prioritization of risk by
significance and the development of the Adaption Plan (through the Climate
Change Response (Zero Carbon) Amendment Bill), Central Government must not be
too specific regarding the determination of nation-wide risk, or alternatively
seek regional and local input into the risk assessment to allow local
applicability. Similarly, regional and local government staff needs to
have the ability to respond/engage with Central Government – especially
where it relates to funding
i. Both FNDC
submissions address matters similar to those raised by Auckland City Council:
1.
Current action taken:
FNDC is already including climate change considerations in their strategy and
policy development, including Far North 2100, the Transportation Strategy, and
an Infrastructure Strategy. The District Plan review is addressing
Natural Hazards, including that of sea level rise, while the resource consents
group is taking into account the severity and frequency of rainfall events in
their considerations of applications, particularly with respect to stormwater
management. Therefore information is available at a local level that
needs to be considered in any risk identification matters through Central
Government in their National Risk Assessment, their prioritization of risk and
the resulting National Adaptation Plans.
2 Ban
on the sale of Fireworks to the general public
That Local Government New Zealand works with central
government to introduce legislation to ban the sale of fireworks to the general
public and end their private use.
Staff recommend supporting this remit in principle on the
basis of:
a) general nuisance
to the public, public safety and damage to public property
b) not having the
capacity to enforce bylaws during the peak times
c) the increased
call outs for emergency services at times of the year where the risk of fire is
greatest in the Far North (Christmas/New Year Period) due to use of publicly
sold fireworks that have been stock piled.
d) needing stronger controls and regulation around
the importing and sale of fireworks and
e) the use of fireworks in public places in the
way of prosecution as a deterrent as opposed to a complete ban
3 Traffic
offences – red light running
That LGNZ requests the Government
to bring into line camera and officer detected red light running offences with
other traffic offences that incur demerit points.
This is not an issue that FNDC
experience so could not comment.
4 Prohibit
Parking on grass berms
To seek an amendment to clause
6.2 of the Land Transport (Road User) Rule 2004 to prohibit parking on urban
berms.
Staff recommend supporting this remit. This issue
does occur in the Far North but is not regarded particularly as a
problem. Council’s Parking and Traffic Control bylaw makes it an
offence, on conviction, to “Stop or park, or permit the stopping or
parking of any vehicle on any footpath or berm” under section
2008.2. The reality is this is very difficult to enforce as it requires a
prosecution.
5 Short
Term Guest Accommodation
That LGNZ advocates for enabling
legislation that would allow councils to require all guest accommodation
providers to register with the council and that provides and efficient approach
to imposing punitive action on operators who don’t comply.
Staff recommend supporting this
remit. The draft district plan policy framework and
general rule directions proposed to regulate air b n b in the same fashion as
you would an accommodation facility. It would depend on its location and
scale. The draft stated that a consent would be required for this
type of activity in a residential zone, with it being permitted subject to a
maximum of 10 persons in the Rural zones. We specified air b and
b’s in the draft to generate a discussion on the matter as we are aware
it’s not currently being regulated even though we could require resource
consents via the operative district plan in some instances.
There
was one person that provided feedback on the draft, who raised concerns over
these operators not paying commercial rates, not complying with building and
health and safety regulations and concerns over the pressure they place on
infrastructure in places such as Opononi. Equally there was one person
promoting small scale operations in the residential zone.
The
issues raised in the LGNZ remit are the same concerns raised by our communities
and within Council, such as impact on rental housing availability in areas such
as Paihia and even Kerikeri. That they are operating a business but are
not paying commercial rates, they may not be adhering to relevant safety
regulations and potential impacts on infrastructure such as water.
Equally we are aware that this is a form of accommodation now wanted by the
public, vs staying in traditional motels or holiday parks. Therefore
Council may need to consider a broader review of this issue vs just considering
it as part of the district plan review, for example consideration of rates, and
whether it would be best managed through a registration system.
6 Nitrate
in drinking water
That LGNZ recommend to the
Governance the funding of additional research into the effects of nitrates in
drinking water on human health, and or/partner with international public health
organisation to promote such research, in order to determine whether the
current drinking water standard for nitrate is still appropriate for the
protection of human health.
Staff recommend supporting the proposed remit as a long
term programme to ensure the protection of the ground water sources for use as
potable water supplies.
Nitrates in drinking water relates primarily to ground
water supplies. The risks are linkages to methaemoglobinaemia (blue Baby
syndrome) and at much lower concentrations, colorectal cancer. Currently three
FNDC water supplies are supplied by bores with future changes to ground water
likely with three other communities. The change to ground water takes will be
driven by the need to protect surface waters. While currently not a problem,
Council will, in the future become more dependent on ground water sources, and
nitrates will become an issue and concern. In real time, the monitoring of
ground water bores north of Kaitaia have already shown a very slight increase
in nitrates, and as land use intensifies, the risk of nitrates contamination
will increase.
7 Local
Government Official Information and Meetings Act (1987)
That LGNZ initiates a review of
LGOIMA request management nationally with a view to establishing clear and
disruptive reporting for and by local authorities that will create a
sector-wide picture of:
· Trends in the
volume and nature of LGOIMA requests over time
· Trends in uses
· The impacts of
technology in terms of accessing information sought and the amount of
information now held by local authorities in managing the LGOIMA function
That LGNZ use the data obtained
to:
· Identify
opportunities to streamline or simplify LGOIMA processes
· Share best
practice between local authorities
· Assess the value
of a common national local government framework of practice for LGOIMA requests
· Identify
opportunities to advocate for legislaton changes on behalf of the sector (where
these are indicated)
Staff
recommend supporting this remit. This remit outlines the limitations and
challenges on Council’s who continue to process LGOIMA requests and FNDC
face similar challenges.
8 Weed
Control
That LGNZ encourages member
councils to consider using environmentally friendly weed control methods.
Staff recommend supporting the
remit in principle however consideration needs to be given to ensure that weed
control options are cost effective to ratepayers.
9 Building
Defects Claims
LGNZ calls on central government
to take action as recommended by the Law Commission in its 2014 report on
“Liability of Multiple Defendants” to introduce a cap on the
liability of councils in New Zealand in relation to building defects claims
whilst joint and several liability applies.
Staff recommend supporting this remit. It is
desirable to introduce a cap on the liability of councils in relation to
building defects claims whilst joint and several liability applies, because in
the absence of any cap, councils which may be found only liable for perhaps 20%
of a claim, are nevertheless generally financially exposed to the full amount
of the claim due to other parties such as developers and builders being absent
or insolvent.
10 Social
Housing
That LGNZ, in conjunction with
Central Government, urgently focus on the development and implementation of a
broader range of funding and financing tools in respect of community/social
housing provision.
Staff recommend supporting this in principle. FNDC
currently provides a small portfolio of Housing for the Elderly and would
support investigation into alternative methods to reduce impact on ratepayers.
11 Procurement
That LGNZ investigate the ability of the sector to
collaborate in procuring open-source designs and plans for bulk infrastructure
that are largely similar, with an initial approach to look at water and
wastewater treatment facilities.
From a Procurement Policy view,
the remit aligns with the ‘All of Government’ approach currently
being used across a number of procurement categories at FNDC.
The three waters function /
projects generally require a high dollar value procurement exercise, and there
are definite benefits to a “cost out” standardised approach for the
design phase. However, this should not be an exclusive arrangement, i.e there
should be an exception clause added whereby we can use process designs outside
of the ‘normal’ treatment plant designs if required.
An example of that would be the
technology and design being used for the Paihia Wastewater Treatment Plant
upgrade, which is an unconventional approach to a specific issue. Not all
situations are the same and local authorities should have some flexibility in
this agreement.
Staff recommend supporting this
remit in principle with the introduction of an exception clause whereby
Councils can use process designs outside of the normal treatment designs if
required.
12 Single
Use Polystyrene
That LGNZ advocates to the Government to phase out single
use polystyrene.
Staff recommend supporting
the remit. Polystyrene is not currently recyclable and therefore adds to
landfill waste in which Council has a continual goal to reduce.
13 Local
Government Act 2002
That LGNZ pursue an amendment to the Local Government Act
2002 to:
a) renumber
sub-sections 181 (5) and (6) to sub-sections (6) and (7)
b) Introduce
a new sub-section (5) to read: For all purposes the term “any work”
in sub-section 4 means any works constructed before xx Month xx; and includes
any works that were wholly or partly in existence, or work on the construction
of which commenced, before xx Month 20xx.
Staff recommend supporting this
remit. This is a challenge we have experienced in the Far North and there is
plenty of potential for it to occur more with Pressure Sewer.
14 Campground
Regulations
That LGNZ request the Government to amend the Camping -
Ground Regulations to allow councils to approve remote camp facilities on
private property, subject to any such conditions as deemed required by a
council, including the condition that any approved campground is x distance
away from an existing campground, unless the existing campground operator
agrees to waive this condition in writing.
Staff recommend supporting the remit to amend the Camping - Ground
Regulations to allow councils to approve remote camp facilities on private
property, subject to any such conditions as deemed required by a council,
including the condition that any approved campground is x distance away from an
existing campground, unless the existing campground operator agrees to waive
this condition in writing.
15 Living
Wage
Wellington City Council asks that LGNZ members consider
engaging with the Living Wage Aotearoa New Zealand Movement when developing
policies on payment of the Living Wage.
FNDC are not an accredited living wage employer.
16 Sale
and Supply of Alcohol Act
LGNZ, on behalf of its member councils ask for a review of
the effectiveness of the Sale and Supply of Alcohol Act 2012 in reducing
alcohol harm (eg price, advertising, purchase age and availability) and fully
involve local government in that review.
Advice on alignment with FNDC policy or process will be
made available at the time of the meeting.
17 Greenhouse
Gases
Wellington City Council asks that
LGNZ members collectively adopt the position that government should revise the
Resource Management Act 1991 to adequately consider the impact of greenhouse
gases when making decision under that law to ensure that the Resource
Management Act 1991 is consistent with the Zero Carbon Bill.
Currently air discharges are a
Regional Council responsibility. If the amendments to the RMA were focused on
greenhouse gas emissions then there may be no change for District Councils.
However, if the focus was on climate change adaptation then District Councils
would have a role in terms of the location of infrastructure and development
within land subject to climate change inundation/storm damage etc. Climate
change has been identified as a high risk in FNDC’s strategic risk
assessments.
Staff recommend supporting the
remit in principle on the basis that the full scope of the remit is not yet
fully understood. It is noted that any significant changes to the
RMA would allow for formalised feedback from Councils.
18 Climate
Change – Funding policy framework
That LGNZ recommends to
government that they establish an independent expert group to develop a new
funding policy framework for adapting to climate change impacts as recommended
by the Climate Change Adaptation Technical Working Group (CCATWG). This new
expert group would be supported by a secretariat and stakeholder advisory
group.
Staff recommend supporting this remit, specifically where
engagement with central government is suggested. Staff recommend as part
of the framework consideration be given to:
· how (if any) funding will be distributed
· whether there would be an opportunity for applications for
funding
· whether funds would be allocated in association with the
overall cost of affected infrastructure and investment, the scale of the
community severity of effects and therefore the extent of efficiencies achieved
· develop a set of criteria and/or metrics which allows an
understanding of how funds may be distributed or allocated
· how we best create a path to resiliency, i.e. how to adjust
our approach to managing resources and balance this with financial impact
considerations
· who will carry liabilities
· how will local government adjust their own funding
structures where regionally diverse incentives may trigger migration
19 Road
Safety
1. That LGNZ acknowledges
that the New Zealand Transport Agency’s (NZTA’s), Code of Practice
for Temporary Traffic Management (CoPTTM) is a comprehensive and robust
document, and that NZTA ensures the CoPTTM system is regularly reviewed,
refined and updated. However, in light of the recent road worker
fatalities LGNZ requests NZTA, in partnership with Road Controlling Authorities
(RCAs):
2.
a. Review afresh its Code
of Practice for Temporary Traffic Management (CoPTTM) to satisfy themselves
that;
i. The document provides sufficient
guidelines and procedures to ensure approaching traffic are given every
possible opportunity to become aware of the worksite ahead and to respond
appropriately and in a timely manner.
3.
b. Review its CoPTTM
Training System to ensure;
i. Trainers are sufficiently qualified
and adequately covering the training syllabus.
ii. Site Traffic Management Supervisors
(STMS’s) and Traffic Controllers (TC’s) are only certified when
they can demonstrate competence in the application of CoPTTM.
iii. A robust
refresher programme is in place to ensure those in charge of Traffic Management
on worksites remain current in the required competencies.
4.
c. Review its Site Auditing
requirements to ensure the traffic management at worksites is independently
audited at a sufficient frequency to ensure compliance, and that a
significantly robust system is put in place to enable enforcement of
compliance.
5.
2. That LGNZ takes steps to
remind its members of their duties with respect to their role as Road
Controlling Authorities including;
a. Appointing and
sufficiently training and resourcing a Traffic Management Co-ordinator to
ensure their obligations under the Health and Safety Work Act 2015, with
respect to traffic management, are being met.
b. Adequately resourcing
and undertaking audits of road work sites to ensure compliance with CoPTTM.
Staff recommend supporting this remit. The same
advice has been provided by the NTA to Whangarei District Council who resolved
to support this remit at their recent Council meeting.
20 Mobility
Scooter Safety
That the LGNZ requests that government investigate the
introduction of strengthened rules to govern the safe use of mobility scooters,
particularly in relation to speed limits and registration.
Staff recommend supporting this remit. The same
advice has been provided by the NTA to Whangarei District Council who resolved
to support this remit at their recent Council meeting.
21 Museums
and Galleries
That central government funding be made available on an
annual basis for museums and galleries operated by territorial authorities with
nationally significant collections.
Staff recommend supporting the remit
in principle.
22 Resource
Management Act
That the selection of all independent commissioners for
Resource Management Act hearings be centralised to improve independence and
enhance the quality of decisions.
If a centralised system was
established care should be taken to ensure that provincial areas still have
sufficient commissioners without undue cost or delay. FNDC currently has a pool
of 12 or so commissioners that we call upon when required all of whom are not
on retainers. Staff are not aware of these commissioners being inappropriately
influenced or of instances of poor decision making (based on low number of
appeals).
Staff recommend supporting the
remit in principle however consideration needs to be given to ensure that
provincial needs are understood and catered for.
23 Mayor
Decision to Appoint Deputy Mayor
That the LGNZ requests the Government to amend S.41A of the
LGA2002 to give Mayors the same powers to appoint a deputy mayor as held by the
Mayor of Auckland.
Staff recommend supporting the remit to align with the
original intent of the Local Government 2002 Amendment Act.
24 Beauty
Industry
That LGNZ calls on the Government to develop and implement
national guidelines, policy or regulations to achieve national consistency for
the largely unregulated ‘health and beauty clinic’ industry.
Advice on alignment with
FNDC policy or process will be made available at the time of the meeting.
