AGENDA

 

 

Ordinary Council Meeting

 

Thursday, 29 August 2019

 

Time:

10.00 am

Location:

Council Chamber

Memorial Avenue

Kaikohe

 

 

Membership:

Mayor John Carter - Chairperson

Cr Tania McInnes

Cr Ann Court

Cr Felicity Foy

Cr Dave Hookway

Cr Colin (Toss) Kitchen

Cr Sally Macauley

Cr Mate Radich

Cr John Vujcich

Cr Kelly Stratford

 

 


Ordinary Council Meeting Agenda

29 August 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.

 

Property owner of Commerce Street, Kaitaia

 

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 2 dwelling on Allen Bell Drive, Kaitaia, and 1 property on 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.

 

M and F Foy properties

1 property at

Panorama Lane, Ahipara, and 1 property Church Road, Kaingaroa

 

 

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

Sister is currently employed by the Far North District Council.

 

 

Will not discuss any matters regarding her role or my role as Councillor that are confidential.

 

Coffee and food

Ratepayers sometimes 'shout' food and beverage

Bias or pre-determination

Case by case

Kelly Stratford (Husband)

Property in Moerewa

 

N/A

N/A

 

 

 


Ordinary Council Meeting Agenda

29 August 2019

 

Far North District Council

Ordinary Council Meeting

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

Thursday 29 August 2019 at 10.00 am

Order Of Business

1         Prayer 13

2         Apologies and Declarations of Interest 13

3         Deputation. 13

4         Mayoral Announcements. 13

5         Notice of Motion. 14

5.1            Notice of Revocation - Revoking previous resolution for Kerikeri Bus Stop. 14

6         Confirmation of Previous Minutes. 16

6.1            Confirmation of Previous Minutes. 16

7         Bay of Islands-Whangaroa Community Board. 47

7.1            Easement over local purpose (utility reserve) lot 33 DP166614 - Landing Road, Kerikeri (RC 2190583) 47

8         Audit, Risk, and Finance Committee. 55

8.1            Risk Management Policy. 55

9         Infrastructure and Asset Management Group. 61

9.1            Roland's Wood Trust 61

9.2            Kerikeri Waste Water Additional Budget Funding. 83

10       Strategic Planning and Policy Group. 86

10.1         Proposed Speed Limit Changes - Okaihau - Kaeo - Waimate North Areas. 86

10.2         Governance Diagnostic Assessment 107

10.3         Regional Plan - Genetically Modified Organisms Decision. 111

10.4         Sister City Relationship Between Far North District and Chaozhou City, China. 115

11       Corporate Services Group. 128

11.1         Capital Carry Forwards June 2019. 128

11.2         Delegations to the Chief Executive Officer during the Election Period. 137

12       Chief Executive Officer 140

12.1         CEO Report to Council 01 June 2019 - 31 July 2019. 140

13       Information Reports. 184

13.1         Elected Member Report - Road Controlling Authorities Forum 2 August 2019. 184

14       Public Excluded. 192

14.1         Confirmation of Previous Minutes - Public Excluded. 192

14.2         Ground Lease Horeke Playcentre. 192

14.3         Letter of Assurance to Provincial Growth Fund. 192

14.4         Kaeo Wastewater Scheme Telemetry System Upgrade. 193

14.5         Approval of Three Additional Building Consultants to BCA Supplier Panel 193

14.6         Priority Seal Extension Programme 2019-2020. 193

14.7         Chief Executive Performance Agreement 2019/20. 193

14.8       Options and Recommendations to build Animal Sheltres at Ngawha and Kaitaia

Supplementary Aggenda

15       Meeting Close. 194

 

 


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

10.0 am      Representative/s from Bay of Islands Art Festival

4          MAYORAL ANNOUNCEMENTS  


Ordinary Council Meeting Agenda

29 August 2019

 

5          Notice of Motion

5.1         Notice of Revocation - Revoking previous resolution for Kerikeri Bus Stop

File Number:           A2609323

 

I, Councillor Ann Court, give notice that at the next Ordinary Meeting of Council to be held on 29 August 2019, I intend to move the following revocation motion:

 

Motion

That Council agrees that the resolution 10.1 titled Cobham Road Bus Stop that was passed at the meeting of Council on 27 June 2019 be rescinded.

         “a)    Council approves in principle the relocation of bus services out of the Kerikeri     CBD as a matter of urgent public safety.

         b)    Council agrees the appropriate mechanism for this matter to be resolved, in a       timely manner, is for this matter to be delegated for action at an officer level.

         c)    the Chief Executive Officer be delegated authority to negotiate with FNHL for the        interim use of the BOI airport terminal for coach parking facilities.

         d)    once the new coach park facility is operational the designation for a bus stop on      Cobham Road, Kerikeri be revoked.

         e)    the Chief Executive Officer to report back to Council on costs / financial option”.

 

 

Rationale

A decision was made under delegated authority to trial a temporary bus stop outside the Proctor Library to address urgent safety concerns. Concurrently the Council is developing an integrated transport plan for Kerikeri which will look at the wider needs of the community for the next 30-50 years including the provision of infrastructure to support enhanced public transport. It is prudent to await the completion of these work streams before proceeding with any relocation of services.

Staff have checked the notice of motion for compliance with standing orders and confirm it meets the requirements of standing orders 23.1, 23.2 and 23.3.

Attachments

1.      Cr Court - Signed Notice of Motion - A2609305  

 


Ordinary Council Meeting Agenda

29 August 2019

 

PDF Creator 


Ordinary Council Meeting Agenda

29 August 2019

 

6          Confirmation of Previous Minutes

6.1         Confirmation of Previous Minutes

File Number:           A2577042

Author:                    Kim Hammond, Meetings Administrator

Authoriser:              Aisha Huriwai, Team Leader Governance Support

 

Purpose of the Report

The minutes are attached to allow Council to confirm that the minutes are a true and correct record of previous meetings.

 

Recommendation

That Council:

a)      confirms the minutes of the Council meeting held 27 June 2019 as a true and correct record.

b)      confirms the minutes of the Extraordinary Council meeting held 4 July 2019 as a true and correct record.

 

 

1) Background

Local Government Act 2002 Schedule 7 Section 28 states that a local authority must keep minutes of its proceedings.  The minutes of these proceedings duly entered and authenticated as prescribed by a local authority are prima facie evidence of those meetings.

2) Discussion and Options

The minutes of the meetings are attached.

Far North District Council Standing Orders Section 27.3 states that no discussion shall arise on the substance of the minutes in any succeeding meeting, except as to their correctness.

Reason for the recommendation

The reason for the recommendation is to confirm the minutes are a true and correct record of the previous meetings.

3) Financial Implications and Budgetary Provision

There are no financial implications or the need for budgetary provision as a result of this report.

Attachments

1.      2019-06-27 Council Minutes Unconfirmed - A2541395

2.      2019-07-04 Council Minutes Unconfirmed - A2550850  


 

Compliance schedule:

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

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

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

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

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

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

 

Compliance requirement

Staff assessment

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

This is a matter of low significance.

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

This report complies with the Local Government Act 2002 Schedule 7 Section 28.

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.

It is the responsibility of each meeting to confirm their minutes therefore the views of another meeting are not relevant.

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

There are no implications for Māori in confirming minutes from a previous meeting. Any implications on Māori arising from matters included in meeting minutes should be considered as part of the relevant report.

Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example, youth, the aged and those with disabilities).

This report is asking for minutes to be confirmed as true and correct record, any interests that affect other people should be considered as part of the individual reports.

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

There are no financial implications or the need for budgetary provision arising from this report.

Chief Financial Officer review.

The Chief Financial Officer has not reviewed this report.

 

 


Ordinary Council Meeting Agenda

29 August 2019

 

   MINUTES OF Far North District Council
Ordinary Council Meeting
HELD AT THE
Far North Reap, Kauri Room, 33 Puckey Avenue, Kaitaia
ON
Thursday, 27 June 2019 AT 10.00 am

 

PRESENT:                   Mayor John Carter (HWTM), 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, Deputy Mayor McInnes (via audio conference)

IN ATTENDANCE:       Mike Edmonds - Kaikohe-Hokianga Community Board Chairperson, Terry Greening - Bay of Islands-Whangaroa Community Board Chairperson, Adele Gardner - Te Hiku Community Board Chairperson, Louis Toorenburg - Kaikohe-Hokianga Community Board Member, Lawrie Atkinson - Te Hiku Community Board Member, Rachel Smith - Bay of Islands-Whangaroa Community Board Member, Shawn Baker - Northland Transport Alliance

STAFF PRESENT:                Shaun Clarke - Chief Executive Officer, William J Taylor MBE - General Manager - Corporate Services, Andy Finch - General Manager - Infrastructure and Asset Management, Dean Myburgh - General Manager - District Service, Darrell Sargent - General Manager - Strategic Planning and Policy, Jaime Dyhrberg - Executive Officer, Janice Smith - Chief Financial Officer, Sheryl Gavin - Manager - Corporate Planning and Engagement, Caroline Wilson - Manager - District Administration, Carla Ditchfield-Hunia - Legal Services Officer, Roger Ackers - Manager - Strategy Development, Aisha Huriwai - Governance Support Team Leader, Brad Hedger - Resource Consents Engineer, Glenn Rainham - Manager - Infrastructure Operations, Michael Boyd - Manager - Talent and Development, Tanya Proctor - Team Leader - Infrastructure Programmes, Liz Davidson - Executive Assistant to CEO, Kathleen Curtin - Executive Assistant to Mayor, Zena Tango - Executive Assistant to CEO, Jacine Warmington - Manager - Community and Customer Services, Gayle Andersen - Executive Assistant to General Manager SPP, Greg Wilson - Manager - District Planning, Theresa Burkhardt - Policy Planner, Richard Edmondson - Manager - Communications, Melissa Wood - Meetings Administrator, Kim Hammond - Meetings Administrator

 

1          Prayer

His Worship the Mayor commenced the meeting with a prayer.

 

2          APOLOGY  

Resolution  2019/14

Moved:       Mayor John Carter

Seconded:  Cr Ann Court

That the apology received from Deputy Mayor Tania McInnes be accepted and leave of absence granted.

Carried

 

Council noted that Cr Colin Kitchen needed to depart the meeting at 2.30pm.

Cr Ann Court declared an interest in agenda item 9.6 Adoption of Amendments to Rating Relief (Remission & Postponement) Policies.

Cr Sally Macauley declared an interest in agenda item 7.1 Basketball Court Project - Memorial Park, Kaikohe.

Cr Felicity Foy declared in interest in agenda item 8.1 District Plan Update - Appendix 7 Statutory Acknowledgements.

3          Confirmation of Previous Minutes

3.1         Confirmation of Previous Minutes

Agenda item 5.1 document number A2495294, pages 12 - 13 refers

Resolution  2019/15

Moved:       Cr Ann Court

Seconded:  Cr Sally Macauley

That Council confirms the minutes of the:

a)      Council meeting held 17 April 2019 as a true and correct record

b)      Extraordinary Council meeting held 13 June 2019 as a true and correct record

 Carried

Attachments tabled at meeting

1     Unconfirmed Minutes - Council Extraordinary Meeting 13 June 2019

 

4          Bay of Islands-Whangaroa Community Board

4.1         Adoption of the Kerikeri Domain Reserve Management Plan

Agenda item 6.1 document number A2478426, pages 20 - 25 refers

Resolution  2019/16

Moved:       Mayor John Carter

Seconded:  Cr Ann Court

That Council:

a)      adopts the Draft Kerikeri Domain Reserve Management Plan 2019 pursuant to its powers under section 41 of the Reserves Act 1977.

b)      urgently establishes a reserve management committee for the Kerikeri Domain, to manage the domain and its use.

c)      direct the Chief Executive Officer to report back on the options for the establishment of a management committee.

Carried

 

 

5          KAIKOHE-HOKIANGA Community Board

Deputy Mayor Tania McInnes joined the meeting via audio conference at 10:43 am.

5.1         Basketball Court Project - Memorial Park, Kaikohe

Agenda item 7.1 document number A2515853, pages 90 - 94 refers

Motion

Moved:       Mayor John Carter

Seconded:  Cr Ann Court

That

a)      Council approval be given to construct a basketball court on Memorial Park reserve once the Kaikohe Community Youth Charitable Trust has secured sufficient funding.

b)      Council staff manage the project using funds received from the Kaikohe Community Youth Charitable Trust.

c)      sufficient operational funding be allocated in the 2020/21 Annual Plan and subsequent Long Term Plans to maintain, insure and depreciate the asset.

Amendment

Moved:       Cr Dave Hookway

Seconded:  Cr John Vujcich

d)      That Council approve the additional funding of $28,000 to the Kaikohe Community Youth Charitable Trust

Councillor Hookway requested a vote by division

In Favour:       Crs Dave Hookway, Colin (Toss) Kitchen, Mate Radich and John Vujcich

Against:           Crs John Carter, Tania McInnes, Ann Court, Felicity Foy and Kelly Stratford

Abstained:       Cr Sally Macauley

lost 4/5

The original motion became the substantive motion

Resolution  2019/17

Moved:       Mayor John Carter

Seconded:  Cr Ann Court

That

a)      Council approval be given to construct a basketball court on Memorial Park reserve once the Kaikohe Community Youth Charitable Trust has secured sufficient funding.

b)      Council staff manage the project using funds received from the Kaikohe Community Youth Charitable Trust.

c)      sufficient operational funding be allocated in the 2020/21 Annual Plan and subsequent Long Term Plans to maintain, insure and depreciate the asset.

 

Carried

6          Deputation

Russell Wharf and Waterfront Trust - Chairman Riki Kinnaird.


 

7          Notice of Motion

7.1         Notice of Motion - Cr Hookway - Russell Wharf

Supplementary Agenda item S.2 document number A2534441, pages 8 - 9 refers

 Motion   

Moved:       Cr Dave Hookway

Seconded:  Mayor John Carter

That Council reaffirms its decision to transfer the Russell Wharf to Far North Holdings Limited 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 Far North Holdings Limited choose to divest it in the future.

3.    That accumulated depreciation reserves for the Russell Wharf be retained by Council.”

Amendment

Moved:       Mayor John Carter

Seconded:  Cr Ann Court

That Council reaffirms its decision to transfer the Russell Wharf to Far North Holdings Limited for $1 as agreed in its Long Term Plan 2018-2028, subject to the execution of a legally-binding agreement between FNHL and the newly proposed Kororareka / Russell Community Wharf Kaitiaki Trust. Amongst other things the agreement must provide for:

 

1.    Community and Tangata Whenua input into the Wharf’s development, future direction, management and governance.

2.    A first option to transfer the Wharf back to the ownership of the FNDC, should Far North Holdings Limited choose to divest it in the future.

         3.     That accumulated depreciation reserves for the Russell Wharf be held in trust by Council for FNHL to use on the Russell Wharf. Far North Holdings Limited will apply to FNDC for funds, as required, up to the maximum of the reserve fund at the point of transfer.

4.  The building is of suitable structure to fit the character of the Russell Strand Heritage Zone.

                                                                                                                                             CARRIED

The amendment became the substantive motion

Resolution  2019/18

Moved:       Mayor John Carter

Seconded:  Cr Ann Court

That Council reaffirms its decision to transfer the Russell Wharf to Far North Holdings Limited 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 Kororareka / Russell Community Wharf Kaitiaki Trust. Amongst other things the agreement must provide:

 

1.    that Community and Tangata Whenua input into the Wharf’s development, future direction, management and governance.

2.    for a first option to transfer the Wharf back to the ownership of the FNDC, should Far North Holdings Limited choose to divest it in the future.

         3.    that accumulated depreciation reserves for the Russell Wharf be held in trust by        Council for Far North Holdings Limited to use on the Russell Wharf. Far North       Holdings Limited will apply to FNDC for funds, as required, up to the maximum   of the reserve fund at the point of transfer.

         4.    that the building is of suitable structure to fit the character of the Russell Strand     
                Heritage Zone.

Carried

Attachments tabled at meeting

1     Russell Wharf joint statement (Russell Wharf and Waterfront Trust / FNHL)

8          STRATEGIC PLANNING AND POLICY GROUP

8.1         Adoption of Fees and Charges for 2019/20

Agenda item 9.5 document number A2497684, pages 264 - 268 refers

Resolution  2019/19

Moved:       Mayor John Carter

Seconded:  Cr Kelly Stratford

That Council adopt the Schedule of Fees and Charges for 2019/20.

Carried

 

8.2         Adoption of amendments to Rating Relief (Remission & Postponement) Policies

Agenda item 9.6 document number A2516482, pages 304 - 310 refers.

Cr Court declared a conflict of interest and left the meeting at 11:25 am and returned at 11:33 am.

Cr Hookway requested that the minutes record that staff had agreed to change wording of the Community, Sport & Not for Profit Organisation Policy, and the change would be made following the meeting.

Resolution  2019/20

Moved:       Mayor John Carter

Seconded:  Cr Sally Macauley

That Council:

a)      Adopt the Rating Relief (Remissions & Postponement) Policies with the proposed and consulted amendments, with the following further amendments resulting from public consultation:

i)       Amend condition 5 of the Common Use Properties policy to clarify that ownership may be owned by individual(s) rather than an individual.

ii)      Amendment to condition 5 of the Common Use Properties policy to clarify that rating units may (instead of will) be considered as one.

Carried

Abstained:      Cr Ann Court

8.3         Adoption of the 2019/20 Annual Plan

Agenda item 9.7 document number A2513900, pages 352 - 354 refers

MOTION

Moved:       Cr Colin (Toss) Kitchen

Seconded:  Cr Ann Court

That Council:

a)      adopts the Annual Plan for 2019/20.

b)      delegates authority to the Chief Executive Officer to approve any minor accuracy, grammatical or formatting amendments prior to the Annual Plan 2019/20 being published and uploaded onto the Far North District Council website.

Amendment

Moved:       Mayor John Carter

Seconded:  Cr Felicity Foy

Subject to the wording on page 19 of the draft 2019-20 Annual Plan be changed from ‘Public toilet - North Park, Kaitaia’ to ‘Public toilet - Centennial Park, Kaitaia’.

Carried

The amendment became the substantive motion.

Resolution  2019/21

Moved:       Cr Colin (Toss) Kitchen

Seconded:  Cr Ann Court

That Council:

a)      adopts the Annual Plan for 2019/20 subject to the wording on page 19 of the draft 2019-20 Annual Plan be changed from ‘Public toilet - North Park, Kaitaia’ to ‘Public toilet - Centennial Park, Kaitaia’.

b)      delegates authority to the Chief Executive Officer to approve any minor accuracy, grammatical or formatting amendments prior to the Annual Plan 2019/20 being published and uploaded onto the Far North District Council website.

Carried

9          CORPORATE SERVICES GROUP

9.1         Setting of Rates, due dates and penalties for 2019-2020

Agenda item 10.1 document number A2508962, pages 355 - 364 refers

Resolution  2019/22

Moved:       Mayor John Carter

Seconded:  Cr Sally Macauley

That, pursuant to Section 23 of the Local Government (Rating) Act 2002 (the Act), Council sets the rates as described below for the year commencing 1st  July 2019 and concluding 30th June 2020;

 

All rates are shown inclusive of GST

 

GENERAL RATE

 

General Rate

Differentiated on the basis of land use set on all rateable land

 

Differential

Basis

Rate

General Differential

Per $ of Land Value

$0.0056044

Commercial Differential

Per $ of Land Value

$0.0154121

 

Uniform Annual General Charge (UAGC):

 

A UAGC of $450.00 per Separately Used or Inhabited Part (SUIP) of a rateable Rating Unit

 

TARGETED RATES

 

Ward Services Rate

Differentiated on the basis of location set on all rateable land in the identified wards

 

Differential

Basis

Rate

BOI - Whangaroa Ward

Per SUIP

$341.60

Te Hiku Ward

Per SUIP

$285.50

Kaikohe - Hokianga Ward

Per SUIP

$369.70

 


 

ROADING RATES

 

Uniform Roading Rate

 

A Uniform Targeted Rate of $100 per Separately Used or Inhabited Part (SUIP) of a rateable Rating Unit 

 

Differential Roading Rate

 

Differentiated on the basis of land use set on all rateable land

 

Differential

Basis

Rate

Residential

Per $ of Land Value

$0.0001474

Lifestyle

Per $ of Land Value

$0.0001483

Farming General

Per $ of Land Value

$0.0001466

Horticulture

Per $ of Land Value

$0.0001382

Dairy

Per $ of Land Value

$0.0002292

Forestry

Per $ of Land Value

$0.0020986

Commercial

Per $ of Land Value

$0.0003737

Industrial

Per $ of Land Value

$0.0004779


Mining/Quarry

Per $ of Land Value

$0.0111468

Other

Per $ of Land Value

$0.0002501


Stormwater Rate

 

Differentiated on the basis of land use set on all rateable land identified in the rating area maps for the urban communities;

Ahipara

Haruru Falls

Kaikohe

Kawakawa

Awanui

Hihi

Kaimaumau

Karikari

East Coast

Houhora/Pukenui

Kaitaia

Kerikeri/Waipapa

Kohukohu

Okaihau

Paihia/Te Haumi

Taupo Bay

Moerewa

Opononi/Omapere

Rawene

Tauranga Bay

Ngawha

Opua/Okiato

Russell

Whangaroa/Kaeo

 

Differential

Basis

Rate

General Differential

Per Rating Unit

$35.78

Commercial Differential

Per Rating Unit

$71.56

 

DEVELOPMENT RATES

 

Paihia CBD Development Rate

 

Differentiated on the basis of land use set on all rateable land identified in the rating area maps

Differential

Basis

Rate

General Differential

Per SUIP

$18.00

Commercial Differential

Per SUIP

$56.00

 

Kaitaia BID Rate

Commercial rating units defined in the rating area map

Basis

Rate

Per $ of Land Value

$0.0015641

 

BOI Recreation Centre Rate

Rating Units defined in the rating area map

Basis

Rate

Per SUIP

$5.00

 

PRIVATE ROADING RATES

 

Hupara Road Sealing Rates

Rating Units defined in the rating area map

Basis

Rate

Per SUIP

$661.73

 

SEWERAGE RATES

 

Separate sewerage rates are set for each sewerage scheme differentiated on the basis the supply or availability of supply to each scheme.

 

The additional pan rate is set on the basis of the third and subsequent water closet or urinal within the rating unit. A rating unit used primarily as a residence for a single household will be treated as having a single pan.

 

Ahipara Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$289.12

Available

Per Rating Unit

$289.12

Additional Pan Rate

Per additional pan

$173.47

 

East Coast Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$248.68

Available

Per Rating Unit

$248.68

Additional Pan Rate

Per additional pan

$149.21

 

Hihi Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$596.01

Available

Per Rating Unit

$596.01

Additional Pan Rate

Per additional pan

$357.61

 

Kaeo Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$732.40

Available

Per Rating Unit

$732.40

Additional Pan Rate

Per additional pan

$439.44

 

Kaikohe Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$232.31

Available

Per Rating Unit

$232.31

Additional Pan Rate

Per additional pan

$139.33

 

Kaitaia and Awanui Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$268.16

Available

Per Rating Unit

$268.16

Additional Pan Rate

Per additional pan

$160.90

 

Kawakawa Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$514.86

Available

Per Rating Unit

$514.86

Additional Pan Rate

Per additional pan

$308.92

 

Kerikeri Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$395.22

Available

Per Rating Unit

$395.22

Additional Pan Rate

Per additional pan

$237.13

 

Kohukohu Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$632.39

Available

Per Rating Unit

$632.39

Additional Pan Rate

Per additional pan

$379.43

 

Opononi Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$310.33

Available

Per Rating Unit

$310.33

Additional Pan Rate

Per additional pan

$186.20

 

Paihia Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$346.67

Available

Per Rating Unit

$346.67

Additional Pan Rate

Per additional pan

$208.00

 

Rangiputa Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$350.76

Available

Per Rating Unit

$350.76

Additional Pan Rate

Per additional pan

$210.46

 

Rawene Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$567.14

Available

Per Rating Unit

$567.14

Additional Pan Rate

Per additional pan

$340.28

 

Russell Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$539.65

Available

Per Rating Unit

$539.65

Additional Pan Rate

Per additional pan

$323.79

 

Whangaroa Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$686.80

Available

Per Rating Unit

$686.80

Additional Pan Rate

Per additional pan

$412.08

 



Whatuwhiwhi Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$324.35

Available

Per Rating Unit

$324.35

Additional Pan Rate

Per additional pan

$194.61

 

District Wide Sewerage Operating Rate

Operating Rate

Basis

Rate

Connected (All schemes)

Per SUIP

$535.70

Additional Pan Rate

Per additional pan

$321.42

 

 

WATER RATES

Separate water rates are set for each water supply scheme differentiated on the basis the supply or availability of supply to each scheme.

 

Kaikohe Water Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$284.28

Available

Per Rating Unit

$284.28

 

Kaitaia Water Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$281.70

Available

Per Rating Unit

$281.70

 

Kawakawa Water Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$370.92

Available

Per Rating Unit

$370.92

 

Kerikeri Water Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$169.98

Available

Per Rating Unit

$169.98

 

Okaihau Water Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$352.18

Available

Per Rating Unit

$352.18

 

Omapere/Opononi Water Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$660.28

Available

Per Rating Unit

$660.28

 

Paihia Water Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$229.46

Available

Per Rating Unit

$229.46

 

Rawene Water Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$507.31

60% Non-Potable

Per SUIP

$304.39

Available

Per Rating Unit

$507.31

 

 

District Wide Water Operating Rates

The District wide operating rates are assessed on the basis of the quantity of water supplied as recorded by meter.

 

Metered Supply rate (all schemes)

Operating Rate

Basis

Rate

Potable Water

Per m3 Supplied

$2.94

Non-potable Water

Per m3 Supplied

$1.91

 

Non Metered Water Supply Rate (Includes 250 M3 Supply)

Operating Rate

Basis

Rate

Potable Water

Per SUIP

$1,010.83

Non-potable Water

Per SUIP

$753.47

 

 

DRAINAGE RATES

 

Kaitaia Drainage Area

Basis

Rate

Area of land within the defined rating area

Per hectare

$8.51

 

 

Kaikino Drainage Area (as defined in the FIS)

Differential

Basis

Rate

Differential A

Per hectare

$13.19

Differential B

Per hectare

$6.60

Differential C

Per hectare

$2.20

 

Motutangi Drainage Area (as defined in the FIS)

Differential

Basis

Rate

Differential A

Per hectare

$42.97

Differential B

Per hectare

$21.48

Differential C

Per hectare

$7.18

 

 

 

Waiharara Drainage Area (as defined in the FIS)

Differential

Basis

Rate

Differential A

Per hectare

$18.54

Differential B

Per hectare

$9.27

Differential C

Per hectare

$3.10

 

And that, pursuant to Section 24 of the Act and with the exception of the targeted rates set for the supply of water pursuant to Section 19 of the Act, Council charges the rates for the 2019-2020 rating year by way of four equal instalments.  Each instalment to be paid on or before the due dates set out below; 

 

Rate Instalment

Due Date

Penalty Date

First Instalment

20 August 2019

27 August 2019

Second Instalment

20 November 2019

27 November 2019

Third Instalment

20 February 2020

27 February 2020

Fourth Instalment

20 May 2020

27 May 2020

 

And that, pursuant to Sections 57 and 58 of the Act and with the exception of the targeted rates set for the supply of water pursuant to Section 19 of the Act, Council imposes the following penalties:

 

A ten percent (10%) penalty on any portion of any instalment of rates assessed in the 2019-2020 financial year that is not paid on or by the due date for payment as detailed above. This penalty will be added on the penalty dates detailed above;

 

And that the water meters be read and invoiced on a six-month cycle, or more often if required, and the subsequent invoices become due for payment set out overleaf.

 

And that, pursuant to Sections 57 and 58 of the Act, Council imposes the following penalties in respect of targeted rates set for the supply of water pursuant to Section 19 of the Act:

 

A ten percent (10%) penalty on any portion of the rate for the supply of water charged pursuant to Section 19 of the Act, as separately invoiced, that is not paid on or by the due date for payment as set out below;

 

Scheme

1st Invoice

Due Date

Penalty Date

2nd Invoice

Due Date

Penalty Date

Kaikohe

Nov 2019

20/12/2019

06/01/2020

May 2020

22/06/2020

29/06/2020

Kaitaia

Aug 2019

20/09/2019

27/09/2019

Feb 2020

20/03/2020

27/03/2020

Kawakawa

July 2019

22/08/2019

29/08/2019

Jan 2020

20/02/2020

27/02/2020

Kerikeri

Sep 2019

21/10/2019

28/10/2019

Mar 2020

22/04/2020

29/04/2020

Okaihau

July 2019

22/08/2019

29/08/2019

Jan 2020

20/02/2020

27/02/2020

Omapere/ Opononi

July 2019

22/08/2019

29/08/2019

Jan 2020

20/02/2020

27/02/2020

Paihia

Oct 2019

21/11/2019

28/11/2019

Apr 2020

20/05/2020

27/05/2020

Rawene

July 2019

22/08/2019

29/08/2019

Jan 2020

20/02/2020

27/02/2020

 

And that, pursuant to Section 88 of the Act, Council set Postponement Fees as provided for in the relevant Rates Postponement Policies;

 

FEES IN RESPECT OF POSTPONED RATES

Pursuant to Section 88 of the Local Government (Rating) Act 2002, Council will charge a postponement fee on all rates that are postponed under any of its postponement policies.

 

The Postponement fees are as follows:

·    Application Fee: $50

·    Administration Fee: $50 pa

·    Financing Fee on all Postponements: Currently set at 4.75% pa but may vary to match Council’s average cost of funds. At Council’s discretion all these fees may be added to the total postponement balance.

Carried

 

9.2         Amendment to Rating Delegations

Agenda item 10.2 document number A2496973, pages 365 - 366 refers

Resolution  2019/23

Moved:       Cr Ann Court

Seconded:  Mayor John Carter

That Council approve the proposed changes to position titles within the approved Rating Delegations Schedule 2019.

Carried

Against:      Cr Dave Hookway

 

 

 

 

10        Bay of Islands-Whangaroa Community BoarD (CONTINUEd)

10.1       Cobham Road Bus Stop

Agenda item 6.2 document number A2497323, pages 57 - 61 refers

MOTION

Moved:       Cr Ann Court

Seconded:  Cr Dave Hookway

That:

a)   Council approves in principle the relocation of bus services out of the Kerikeri CBD as a matter of urgent public safety.

b)   Council agrees the appropriate mechanism for this matter to be resolved, in a timely manner, is for this matter to be delegated for action at an officer level.

c)   the Chief Executive Officer be delegated authority to negotiate with FNHL for the interim use of the BOI airport terminal for coach parking facilities.

d)   once the new coach park facility is operational the designation for a bus stop on Cobham Road, Kerikeri be revoked.                                                                                                          

Amendment

Moved:       Cr Dave Hookway

Seconded:  Cr John Vujcich

     e)   the Chief Executive Officer to report back to Council on costs / financial options.

Carried

The amendment became the substantive motion

Resolution  2019/24

Moved:       Cr Ann Court

Seconded:  Cr Dave Hookway

That:

a)   Council approves in principle the relocation of bus services out of the Kerikeri CBD as a matter of urgent public safety.

b)   Council agrees the appropriate mechanism for this matter to be resolved, in a timely manner, is for this matter to be delegated for action at an officer level.

c)   the Chief Executive Officer be delegated authority to negotiate with FNHL for the interim use of the BOI airport terminal for coach parking facilities.

d)   once the new coach park facility is operational the designation for a bus stop on Cobham Road, Kerikeri be revoked.

e)   the Chief Executive Officer to report back to Council on costs / financial options.

                                                                                                                               Carried

 

Attachments tabled at meeting

1     Letter from InterCity Group 25 June 2019

 

11        Deputations (continued)

Our Kerikeri - represented by Annika Dickey, Kirsty Grant and Jo Lumkong

Plant & Food Research - represented by Phil Johnstone, Dr Richard Newcomb and Dr Annette Richardson

12        Public Excluded

Resolution to exclude the public

Resolution  2019/25

Moved:       Mayor John Carter

Seconded:  Cr Mate Radich

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

Supplementary Agenda item 13.6 - Kerikeri Pavilion

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

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

 

Carried

 

At 12:54 pm Deputy Mayor Tania McInnes left the meeting.

13        Strategic Planning and Policy Group ( CONTINUED)

13.1       Climate Change Update

Agenda item 9.3 document number A2513333, pages 254 - 260 refers

Resolution  2019/26

Moved:       Mayor John Carter

Seconded:  Cr Kelly Stratford

That Council:

a)      accepts for information a summary of the work currently being undertaken in respect of climate change; and supports elected member consultation with the community towards a climate action plan, facilitating workshops and raising awareness of what climate change is, and how individuals can play their part.

b)      accepts for information a summary of the contents of the Climate Change Response (Zero Carbon) Amendment Bill.

c)      accepts for information the approach taken to submitting on the Climate Change Response (Zero Carbon) Amendment Bill.

d)      formally provides approval of Administration’s participation in the Tai Tokerau Climate Change Adaptation Working Group.

e)      directs the Chief Executive Officer to create a Council-wide working group to integrate and formulate strategies towards climate change in response to the Climate Change Response (Zero Carbon) Amendment Bill, the Tai Tokerau Climate Change Adaptation Working Group’s  work programme, and the further consideration of outcomes of this work in current Council-wide strategy and policy development.

f)       identifies the financial implications of implementing any climate change initiatives.

Carried

14        Deputations (continued)

Kaitaia College Climate Action Group representatives Ethan Nemeroff and Kiel Minerviro.

 

The meeting was adjourned from 1:15 pm to 1:41 pm.

 

15        Kaikohe-Hokianga Community Board (continued)

15.1       Lease Council building 11 Parnell Street, Rawene

Agenda item 7.2 document number A2516087, pages 111 - 115 refers

Resolution  2019/27

Moved:       Cr Ann Court

Seconded:  Mayor John Carter

That Council

a)      offers a new lease to Rawene and Districts Community Development Inc (RAD) at
          nominal (peppercorn) rent, still allowing RAD to sub-let part  of the premises to other 
          groups and organisations

b)      approves that $62,000 of available renewal funding is put towards the internal fit-out         proposed by RAD.

Carried

 

16        Notice of Motion

16.1       Notice of Motion from Cr J Vujcich - Ngakahu Trust: Easement and Access to Kauri Dam

Supplementary Agenda item S.1 document number A2534327, page 3 refers

Resolution  2019/28

Moved:       Cr John Vujcich

Seconded:  Mayor John Carter

That Council rescinds the Council decision of 28 June 2018, Item 4.1 part a:

“That Council :

a)   Proceeds with the regularisation of the right of way easement to regularise the access over the pipeline easement, by variation and extension of easement over 4D to ensure that vehicle access does not encroach on land not included in the right of way over the pipeline  easement and pays any compensation as determined by a registered valuer or as determined by a Court.”

Carried

Abstained: Cr Ann Court

17        Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2019/29

Moved:       Mayor John Carter

Seconded:  Cr Ann Court

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

13.1 - Confirmation of Previous Minutes - Public Excluded

s7(2)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority

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

13.2 - Proposed rating sale - RTZ 2413185-6 Blackley

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

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

13.3 - Approval of Selected Vendor and to Proceed to Contract for the Asset Management System

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

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

13.4 - Districtwide Unsealed Roads Prioritisation

s7(2)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority

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

13.5 - 3 Waters Operations & Maintenance Alliance

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

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

Supplementary Agenda 13.7 - Draft Development Agreement with Arvida

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

Supplementary Agenda 13.8 - Extension of Current Swimming Pools Operations and Maintenance Contract

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

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

Supplementary Agenda 13.9 - Procurement Plan for the Extension of Hokianga Ferry Operations and Maintenance Contract to 31 January 2020

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

 

Carried

 

At 2:30 pm, Cr Kitchen left the meeting.

 

18          Confirmation of Information and Decisions in Open Meeting

Resolution  2019/30

Moved:       Mayor John Carter

Seconded:  Cr Sally Macauley

That Council confirms

a)    The following information contained in the part of the meeting held with the public excluded be restated in public meeting:

3.4         Districtwide Unsealed Roads Prioritisation

 

That Council:

a)      Approve the RAMM-sections based prioritisation methodology (inclusive of criteria and weightings) to inform the four funding streams being:

i)       NZTA Dust Mitigation Initiative

ii)      Provincial Growth Fund Applications

iii)     Tourist Infrastructure Fund Applications

iv)     FNDC Dust Management Fund

b)      Approve a scrutiny-based optimisation process for roads identified to fall under FNDC’s unsubsidised funding scheme.

c)      Mandate the Northland Transport Alliance to develop appropriate applications under:

i)       the NZ Transport Agency 16/04 Dust Mitigation Initiative

ii)      the Provincial Growth Fund

iii)     the Tourism Infrastructure Fund

3.7         Extension of Current Swimming Pools Operations and Maintenance Contract

That Council:

a)      approves extending the existing Swimming Pools Operations and Maintenance Contract to CBEC Limited for a term of three months to the 30 September 2019, based on the terms and conditions of the current contract.

3.8         Procurement Plan for the Extension of Hokianga Ferry Operations and Maintenenance Contract to 31 January 2020.

That Council:

a)      approves extending the existing Hokianga Ferry Operations and Maintenance
        Contract to Broadspectrum NZ Limited for a term of seven months to the 31 January
        2020 based on the terms and conditions of the existing contract.

Carried

Attachments tabled at meeting

1     Tabled Document - Districtwide Unsealed Roads Prioritisation - report and attachments

19        Governance and Strategic Relationships Committee

19.1       District Plan Update - Appendix 7 Statutory Acknowledgements

Agenda item 8.1 document number A2512970, pages 120 - 122 refers

Resolution  2019/31

Moved:       Cr Ann Court

Seconded:  Cr Mate Radich

That Council undertake as soon as possible, a separate exercise to update appendix 7 of the district plan and notify the relevant Iwi authority, plan holders and the general public of the additions and amendments to the plan to incorporate the statutory acknowledgements.

Carried

Abstained:       Cr Felicity Foy

At 3:16 pm, Cr Mate Radich left the meeting.

20        Strategic Planning and Policy Group (continued)

20.1       Approval of Work Programme for Revoked Bylaws

Agenda item 9.1 document number A2498471, pages 132 - 137 refers

Resolution  2019/32

Moved:       Mayor John Carter

Seconded:  Cr Kelly Stratford

That Council approve the following approach to address the revocation of bylaws and those due to be revoked in February 2020

a)      Adopt the statement of proposal for a Land Drainage Bylaw 2019

b)      Adopt the statement of proposal for a Control of Earthworks Bylaw 2019

c)      Workshop local regulation and controls contained in the following revoked and soon to be revoked Bylaws to provide clear direction on the development of new bylaws:

i)       Control of the Use of Public Places

ii)      Control of Vehicle Crossings

iii)     Mobile Shops and Hawkers

iv)     Reserves

v)      Keeping of Animals, Poultry and Bees

d)      Defer the making of a new Trade Waste Bylaw until a clear policy direction has been considered as a result of the Revenue Review Project.

Carried

Abstained:       Cr Ann Court

Note: Councillors request that consultation be extended to close mid March 2020.

 

20.2       Speed Limits Bylaw

Agenda item 9.2 document number A2506824, pages 221 - 224 refers

Resolution  2019/33

Moved:       Cr Ann Court

Seconded:  Cr Felicity Foy

That Council:

a)      Make amendments to the Speed Limits Bylaw 2008 as set out in Appendix 3 of Attachment 1 – ‘Speed Limit Bylaw Consultation – Submissions and Recommendations Report’, pursuant to Section 22AB(1)(d) of the Land Transport Act 1998, with effect from 28 July 2019 and rename the Bylaw ‘Speed Limits Bylaw 2019’.

b)      Authorises the Chief Executive Officer to make any minor edits or amendments to the Bylaw  to correct any identified errors or typographical edits or to reflect the decisions made by Council.

Carried

 

20.3       Infrastructure Grant Fund 2018/19

Agenda item 9.4 document number A2458215, pages 261 - 263 refers

Resolution  2019/34

Moved:       Mayor John Carter

Seconded:  Cr Dave Hookway

That Council approves that the unallocated budget of $14,230 from the Infrastructure Grant Fund 2018/19 be allocated to the Kaikohe Community and Youth Charitable Trust for the Kaikohe Basketball Court project.

Carried

Abstained:       Cr Kelly Stratford

21        Corporate Services Group (continued)

21.1       Far North Holdings Limited - Statement of Intent 2019 - 2022

Agenda item 10.3 document number A2513322, pages 370 - 372 refers

Resolution  2019/35

Moved:       Cr Ann Court

Seconded:  Cr Felicity Foy

That Council receive the Statement of Intent for Far North Holdings Limited for the three years 2019 – 2022.

Carried

 

21.2       Fraud questionaire - Audit NZ

Agenda item 10.4 document number A2513689, pages 387 - 388 refers

Resolution  2019/36

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

That Council approve the responses to the Audit New Zealand fraud questionnaire provided.

In Favour:       Mayor John Carter, Crs Ann Court, Felicity Foy, Colin (Toss) Kitchen, Sally Macauley, John Vujcich and Kelly Stratford

Against:           Cr Dave Hookway

Carried

 

22        Chief Executive Officer

22.1       CEO Report to Council 01 April 2019 - 31 May 2019

Agenda item 11.1 document number A2523685, pages 391 - 391 refers

Resolution  2019/37

Moved:       Cr John Vujcich

Seconded:  Mayor John Carter

That the Council receive the report “CEO Report to Council 01 April 2019 - 31 May 2019”.

Carried

At 3:45 pm, Cr Felicity Foy left the meeting.

 

23.0       Meeting Duration

Resolution  2019/38

Moved:       Cr John Vujcich

Seconded:  Mayor John Carter

That Council agree that the Ordinary Council Meeting continue beyond the 6 hour duration specified in Standing Orders, to discuss the remaining items left on the agenda.

Carried

The meeting was adjourned from 4.01 pm to 4.11 pm.

24        Information Reports

24.1       Elected Members Guidelines during the 2019 Local Body Elections

Agenda item 12.1 document number A2457640, pages 443 - 444 refers

Resolution  2019/39

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

That the Council receive the report “Elected Members Guidelines during the 2019 Local Body Elections”.

Carried

 

24.2       Northland Water Storage and Use Project

Agenda item 12.2 document number A2513913, pages 450 - 451 refers

Resolution  2019/40

Moved:       Cr Ann Court

Seconded:  Cr John Vujcich

That the Council receives the report “Northland Water Storage and Use Project”.

Carried

 

25        Infrastructure and Asset Management Group

25.1       Minerva Steamboat Project Grant

Supplementary Agenda item 14.1 document number A2529849, pages 21 - 24 refers

Resolution  2019/41

Moved:       Mayor John Carter

Seconded:  Cr Sally Macauley

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.

Carried

 

26        corporate services group (continued)

26.1       Remits for Consideration at 2019 LGNZ AGM

Supplementary Agenda item 10.5 document number A2518891, pages 26 - 28 refers

At 4.16 pm, Cr Felicity Foy returned to the meeting.

motion

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

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

·    Sale and Supply of Alcohol Act

·    Beauty Industry

Amendment

Moved:       Cr Dave Hookway

Seconded:  Cr Ann Court

That Council representatives abstain from voting on the remits at the 2019 Local Government New Zealand at the Annual General Meeting.

In Favour:       Crs Ann Court, Felicity Foy, Dave Hookway and John Vujcich

Against:           Crs John Carter, Sally Macauley and Kelly Stratford

The amendment became the substantive motion.

Resolution  2019/42

Moved:       Cr Dave Hookway

Seconded:  Cr Ann Court

That Council representatives abstain from voting on the remits at the 2019 Local Government New Zealand at the Annual General Meeting.

Carried

Against:           Crs Sally Macauley and Kelly Stratford

 

27        Mayoral announcements

·   Manea

·   Anchor at Te Papa

·   Operation Flotation

·   Green waste in Opononi

 

Meeting Close

The meeting closed at 4.28 pm.

The minutes of this meeting will be confirmed at the Ordinary Council Meeting held on 29 August 2019.

 

 

 

 

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

CHAIRPERSON


   MINUTES OF Far North District Council
Extraordinary Council Meeting
HELD AT THE
Council Chamber, Memorial Avenue, Kaikohe
ON
Thursday, 4 July 2019 AT 12.08 pm

PRESENT:                    Mayor John Carter (HWTM), Cr Tania McInnes (Deputy Mayor), Cr Ann Court, Cr Felicity Foy (via video-conference), Cr Colin (Toss) Kitchen, Cr Sally Macauley, Cr Mate Radich, Cr John Vujcich, Cr Kelly Stratford

IN ATTENDANCE:      Mike Edmonds - Kaikohe-Hokianga Community Board Chairperson, Adele Gardner - Te Hiku Community Board Chairperson

STAFF PRESENT:                Shaun Clarke - Chief Executive Officer, Andy Finch - General Manager- Infrastructure and Asset Management, Dean Myburgh - General Manager - District Services, William J Taylor MBE - General Manager – Corporate Services, Sheryl Gavin - General Manager – Strategic Planning and Policy – Acting, Janice Smith - Chief Financial Officer, Richard Edmondson - Manager - Communications, Jill Coyle - Manager – People and Capability, Glenn Rainham - Manager – Infrastructure Operations, Roger Ackers - Manager – Strategy Development, Aisha Huriwai - Team Leader – Governance Support, Kim Hammond - Meetings Administrator

1          Prayer

His Worship the Mayor commenced the meeting with a prayer.

2          Apologies and Declarations of Interest

Apology

Resolution  2019/34

Moved:       Mayor John Carter

Seconded:  Cr Tania McInnes

That the apology received from Cr Hookway be accepted and leave of absence granted.

Carried

3          Deputation

Nil

4          Strategic Planning and Policy Group

4.1         Correction to the draft Earthworks bylaw

Agenda item 5.1 document number A2546599, pages 12 - 22 refers

Resolution  2019/35

Moved:       Mayor John Carter

Seconded:  Cr Tania McInnes

That Council adopt the corrected Statement of Proposal for the draft Control of Earthworks Bylaw 2019.

Carried

At 12:30 pm, Cr Ann Court left the meeting due to her concern on the legality of Council being asked to reconsider the Remits for Consideration at the 2019 Local Government New Zealand Annual General Meeting.

4          Corporate Services Group

6.1         Remits for Consideration at 2019 LGNZ AGM

Agenda item 6.1 document number A2547704, pages 23 - 33 refers

Resolution  2019/36

Moved:       Cr Kelly Stratford

Seconded:  Cr Sally Macauley

That Council:

revokes its decision of 27 June 2019 That Council representatives abstain from          voting on the remits at the 2019 Local Government New Zealand Annual General Meeting.

That Council:

a)    endorses remits

-     Climate Change – local government representation

-     Traffic Offences – red light running

-     Prohibit parking on grass berms

-     Short-term guest accommodation

-     Nitrate in drinking water

-     Local Government Official Information and Meeting Act (1987)

-     Weed control

-     Building defects claim

-     Social housing

-     Procurement

-     Single-use polystyrene

-     Local Government Act 2002

-     Campground regulations

-     Sale and Supply of Alcohol Act

-     Climate Change – funding policy framework

-     Road safety

-     Mobility scooter safety

-     Museums and galleries

-     Resource Management Act

-     Beauty industry

 

b)    does not endorse remits

-     Ban on sale of fireworks to the general public

-     Mayor decision to appoint Deputy Mayor

 

c)    abstain from voting on

-     Living Wage

-     Greenhouse gases

Carried

 

At 12:42 pm, Cr Ann Court returned to the meeting.

At 12:53 pm, Cr Tania McInnes left the meeting.

At 12:57 pm, Cr Colin (Toss) Kitchen left the meeting.

5          MAYORAL ANNOUNCEMENTS   

Thanked Cr Ann Court for representing Far North District Council on the Cobham Road Bus Stop and responding to social media comments.

The Mayor met with Kerikeri Squash Club in regards to the Kerikeri Pavilion.

6          Meeting Close

The meeting closed at 12.58 pm.

 

The minutes of this meeting will be confirmed at the Ordinary Council meeting to be held on 29 August 2019.

 

 

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

CHAIRPERSON

 


Ordinary Council Meeting Agenda

29 August 2019

 

7          Bay of Islands-Whangaroa Community Board

7.1         Easement over local purpose (utility reserve) lot 33 DP166614 - Landing Road, Kerikeri (RC 2190583)

File Number:           A2609022

Author:                    Kaye Lethbridge, Property Legalisation Officer

Authoriser:              William J Taylor MBE, General Manager - Corporate Services

 

Purpose of the Report

This report seeks approval from Council in regard to a request for an easement over local purpose (utility) reserve off Landing Road, Kerikeri.

Executive Summary

·        The current access to Lot 29 DP 166614 is off Edkins Road.

·        The eastern boundary of Lot 29 DP 166614 adjoins a narrow local purpose (utility) reserve (segregation strip) which prevents  access from Landing Road.

·        Landing Road was a primary traffic route however the Heritage Bypass has since been constructed diverting the majority of the traffic.

·        The Stone Store Bridge has been removed and Landing Road is no longer a through road.

·        The Bay of Islands-Whangaroa Community Board considered this report at their meeting on 12 August 2019 and makes the following recommendation to Council.

 

Recommendation

That the Far North District Council:

a)      In its role as administering body of the local purpose (utility) reserve and pursuant to its powers under Section 48 of the Reserves Act 1977, grants an easement over the local purpose (utility) reserve held in RT NA101A/441 being Lot 33 DP 166614, shown in Donaldson’s plan 7202a, in favour of Lot 29 DP 166614; and

b)      In its role as the Minister of Conservation’s delegate, consents to the granting of the    aforementioned easement.

 

 

1) Background

The applicant Mr M Wycherley recently purchased Lot 29 DP 166614 with the intention of subdividing the property into two (2) lots.  The property runs between Edkins and Landing Roads, Kerikeri.  The legal access is off Edkins Road because the eastern boundary adjoins a local purpose (utility) reserve which acts as a segregation strip to prevent access from Landing Road.

 

The applicant’s agent advises that although access is possible off Edkins Road this would serve only one (1) lot and it would be impractical to extend this formation to the rear of the site to serve the other proposed lot.  It would be more practical to access the second (2nd) lot from Landing Road to avoid compromising potential building sites and reduce the impact on land needed for onsite effluent disposal and storm water management. 

 

The proposed easement would include rights of way, rights to convey electricity, telecommunications, water supply, and computer media, in favour of Lot 29 DP 166614.

2) Discussion and Options

Historically Landing Road was a primary traffic route and due to its increasingly busy nature the segregation strip was created to restrict the number of vehicle access points.  The Heritage Bypass has since been constructed diverting the majority of the traffic, and with the Stone Store Bridge having been removed, Landing Road is no longer a through road.  A local purpose (utility) reserve in this location on Landing Road is no longer necessary as a means of preventing or controlling access onto Landing Road. 

 

The proposed entrance and easement are positioned near to an existing entrance approved by Council in 2012.  The total area of the reserve is 37 square metres more or less, and it is only 0.2 metres wide. 

 

Council’s Transport Planner agrees with the proposal. Council’s Resource Consents Engineer has assessed the subdivision application and his comments are that the new vehicle crossings to the proposed lots are to be constructed to FNDC/S/2 standards. Crossings are to be located at least 30m from road intersections and vehicle crossing permits are to be obtained prior to works commencing.

Reserves Act 1977

Council has the power by way of a ministerial delegation (under certain criteria) to approve the granting of an easement over a reserve and to set conditions.  Council has delegated to the Community Board the authority to make recommendations in regard to the use of reserves which are not contemplated by an existing reserve management plan, providing these are consistent with Council policy and the Reserves Act 1977. 

 

Public notification is a requirement under the Reserves Act 1977 however this can be waived if certain criteria are met i.e. if the reserve is vested in the territorial authority, if the reserve is not likely to be materially altered and the rights of the public in respect of the reserve will not be permanently affected.  In this case the reserve is vested in the Council, and it is considered that the reserve is not likely to be materially altered and the rights of the public will not be permanently affected, therefore public notification is not required.

 

In addition to recommending that the easement be granted, the Board could go a step further and recommend that staff commence the process to revoke the reserve status from the reserve land.  The land would remain in Council ownership but it would no longer be subject to the Reserves Act 1977 and would no longer function as a segregation strip.  The revocation process requires public notification allowing one month for submissions, the hearing of any submissions, iwi consultation, ministerial consent and Gazettal.  This could be undertaken separately to this application as it can be time-consuming and costly.  However, revocation of the reserve status has not been sought by the applicant. Revocation would involve unnecessary expense for the applicant, and unnecessary use of Council resources in terms of staff time etc, and therefore has not been recommended.  The applicant will be content to acquire the proposed easement

Option 1:  This is the recommended option: That the Bay of Islands-Whangaroa Community Board recommends that the Far North District Council grants an easement off Landing Road over the local purpose (utility) reserve RT 101A/441 Lot 33 DP 166614 in favour of Lot 29 DP 166614.

 

Option 2:  The Board could recommend that the Council grants an easement off Landing Road over the local purpose (utility) reserve RT 101A/441 Lot 33 DP 166614 in favour of Lot 29 DP 166614, and that staff commence the process to revoke the reserve status from Lot 33 DP 166614 in accordance with the Reserves Act 1977 requirements.  However, revocation has not been sought by the applicant and this option is not recommended.

 

Option 3:  The third option would be to decline the request.  However no good reason for declining the request has been identified

Reason for the recommendation

Landing Road is no longer a busy through road therefore the local purpose (utility) reserve is not required as a means of restricting vehicle access off Landing Road.  However, revocation of the reserve status of the segregation strip has not been sought as it would involve unnecessary expense for the applicant and unnecessary use of Council resources.  Granting the applicant’s request for an easement is considered appropriate.

3) Financial Implications and Budgetary Provision

The proposed easement over the local purpose (utility) reserve has no financial implications for the Council as the applicants will be responsible to meet all costs associated with creating the easement and forming the access.

Attachments

1.      Landing Road easement - A2609026  


 

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.

The easement proposal has been considered under the Reserves Act 1977 and Council’s Reserves Policy

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

The easement proposal is of limited interest to the wider community; a Community Board recommendation in support of the proposal is sought

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 is no specific cultural significance attached to this easement proposal

Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example, youth, the aged and those with disabilities).

A subdivision application has been submitted (RC2190583)

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

No cost to Council, the applicant to cover all costs

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Ordinary Council Meeting Agenda

29 August 2019

 

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Ordinary Council Meeting Agenda

29 August 2019

 

8          Audit, Risk, and Finance Committee

8.1         Risk Management Policy

File Number:           A2589255

Author:                    Manawa Johnson, Strategic Planner

Authoriser:              Darrell Sargent, Chief Executive Officer (Acting)

 

Purpose of the Report

To seek approval for the Risk Management Policy 2019.

Executive Summary

·        The Council’s Risk Management Policy was developed and implemented in 2014 and was due to be reviewed in 2017. Administration has not been able to review the policy until 2019 due to staffing capacity constraints.  

·        The Risk Management Policy has been reviewed and updated in accordance with the Council’s commitment to improve its performance and responsiveness to the community. Council is aiming for excellence and updating the risk management policy helps improve the areas of financial decision making and transparency.

·        This report provides Council with three options to consider including adopt the recent review; maintain the status quo; or defer the review until a later date. Council recommends endorsing the review to enable implementation of the policy.

·        The Audit, Risk, and Finance Committee considered this report at their meeting on 25 July 2019 and recommended that Council adopt the 2019 Risk Management Policy. 

 

Recommendation

That Council adopt the 2019 Risk Management Policy.

 

 

1) Background

Council has statutory obligations to deliver services to the community. These services are required to be efficient, effective and appropriate to current and future circumstances. The Council risk management policy has been developed to meet demanding requirements and aid organisational resilience.

The Council risk management policy was originally developed and implemented in 2014 and was due to be reviewed in 2017. The 2014 policy was circular in nature, educational and included operational procedures and processes. The risk management policy has been reviewed to be a core policy document to guide management and staff on risk management expectations.

The risk management policy 2019 addresses the following issues identified in the 2014 policy;

-     the readability and circular referencing causing confusion

-     lack of acknowledgement of risks as opportunities

-     ensuring monitoring and compliance can be applied in practice

2) Discussion and Options

Option One: do nothing

Under Option One the 2014 policy will remain in force to manage risk and guide staff on risk management expectations. While the 2014 policy represents good practice, the policy does not acknowledge recent developments within the organisation since the policies implementation and adoption in 2014.  

If this option is adopted then Council loses the opportunity to support staff and management to improve performance in the areas of financial decision making and transparency through an updated and reviewed risk management policy.

Option Two: Adopt the 2019 Risk Management Policy (recommended option)

Option two proposes an approach to support recent developments by the Council to improve its risk management processes while maintaining good practice expectations. Approving the 2019 policy and allowing for a period of implementation provides Council with an opportunity for a further review in three years to determine its level of compliance and recognise other developments in the risk management area.

If this option is adopted Council will have an updated risk management policy that reflects the current climate.

Option Three: Address the policy review once the new Council is formed

Option three proposes reviewing the policy once the new Council has been formed post the elections in October 2019.

If this option is adopted then reviewing the policy will be delayed. The 2014 risk management policy was due to be reviewed in 2017. Further delay, will result in the Council lacking clear guidance on how to manage its risks. This option is therefore not recommended.

Reason for the recommendation

Option two is recommended for the following reasons:

1.   it addresses the issue of the 2017 review date lapse;

2.   it adopts a best practice approach to risk management;

3.   it supports the move towards a cohesive approach to improve financial decision making and transparency.

3) Financial Implications and Budgetary Provision

The financial implications of the recommended option can be accommodated in the current budgets.

Attachments

1.      Risk Management Policy - A2610920  


 

Compliance schedule:

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

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

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

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

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

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

 

Compliance requirement

Staff assessment

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

The recommendation in itself contained in this report does not meet the thresholds as set in the Council’s Significance and Engagement Policy.

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

The recommendation in this report is aimed at complying with Part 6 – Planning, Decision Making and Accountability of the Local Government Act.

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.

Reviewing a policy has District wide relevance and therefore does not require involvement from the Community Boards.

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

The recommendation in this report has no direct impact on Māori.

Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example, youth, the aged and those with disabilities).

The recommendation has no direct impact on any particular interested party or individual.

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

There is no requirement for additional capital of operational budget to be requested beyond what is already budgeted for.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


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Ordinary Council Meeting Agenda

29 August 2019

 

9          Infrastructure and Asset Management Group

9.1         Roland's Wood Trust

File Number:           A2519787

Author:                    Nina Gobie, Team Leader - Facilities Operations

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

 

Purpose of the Report

1.   To revisit a resolution by Council in 2016 and determine  whether Council still wishes to enter into an agreement with the Friends of Roland’s Wood Charitable Trust (“the TRUST”) to transfer the development, maintenance and administration of Roland’s Wood, (a four hectare woodland reserve located on Kerikeri Inlet Road) to the TRUST.

 

2.   Further, if agreed and subject to the High Court agreeing, transferring the balance of the trust funds held by Council (current value being $101,101) to the Trust for it to administer on the same terms and conditions as set out in the deed of trust and the agreement to be entered into between Council and the TRUST.

Executive Summary

·        In 2016 Council agreed to transfer the responsibility for development, maintenance, operation, administration, and the remaining trust fund for Roland’s Wood to the Friends of Roland’s Wood Charitable Trust.

·        The transfer was not completed as the Trust wanted to focus on purchasing the adjoining block known as Lavender’s Wood.

·        Now that they have purchased the adjourning block they wish to reconvene the discussion.

·        This report asks Council to confirm the decision of 2016 and explains the separation of responsibilities and the risks.

 

Recommendation

That Council:

a)      confirms it previous decision made at the Council meeting of 5 May 2016:

“THAT the responsibility for development, maintenance, operation and administration of Roland’s Wood is transferred to the Trust established by the Friends of Roland’s Wood, along with the balance of the funds settled with Council for the purpose of maintaining Roland’s Wood in accordance with the Roland’s Wood Trust Deed, subject to

a)   agreement from the High Court; and

b)   an agreement between the Trust and Council regarding future planning, funding, reporting and liaison

 

b)      notes that the land that Roland’s Wood sits on will continue to be in the ownership of Council.”

 

 

1) Background

1)         Background

Roland Sanson gifted 4.0ha of land on Kerikeri Inlet Road to Council in 2007 and a small trust fund of around $200,000 was provided for the upkeep of the woodlot.  As the land was planted as woodland with annual bulbs and exotic trees it required a higher level of service than council would usually fund, and hence the trust fund.  The purpose of the trust fund was “the provision and maintenance of a woodland public park for recreational use, enjoyment and benefit of the public.”

 

Map showing the location of Roland’s Wood and the Lavenders Land

The Friends of Roland’s Wood Charitable Trust

The Friends of Roland’s Wood Charitable Trust was established on 25 June 2007.  The Far North District Council is appointed as the sole Trustee.  It cannot be relieved of this role without the consent of the High Court.

The Trust Deed provides for a Trust Administration Committee (TAC).  The TAC is made up of three council officers; the CEO, the General Manager responsible for finance and administration and the Manager responsible for community services.  Effectively, this group comprises the decision making for the Trust.  The Trustee can appoint (and remove) “advisory trustees”.  It appears that Doug Turner and Florence Annison are appointed to this role.

The Trust Deed specifies that the Trust is a council-controlled organisation.  An exemption currently exists from the obligations under the Local Government Act of the Trust.

The administration of this Trust has been problematic with the continuous changes in the administration committee and is not meeting to attend to Trust business therefore leaving the Trustee i.e. Council exposed to being liable to any claim for failing to administer the funds prudently.

Operation of Roland’s Wood

Initially it appears that the wood was not maintained for a period of time. The Kerikeri Rotary Club then became involved and re-established the grounds.  Their role ceased, and a volunteer group i.e.: the Friends of Roland’s Wood have taken over that role.  The volunteer group then formed a charitable trust known as the Friends of Roland’s Wood (the “TRUST”). The TRUST developed and implemented a management plan for Roland’s Wood. The TRUST continues to be actively involved in the on-going maintenance and presentation of the wood and is also responsible for the work undertaken.

Friends of Roland’s Wood Charitable Trust

A “reserve” of this type does not sit easily either administratively or practically into the Council structure.  In 2016, there were a number of discussions with the TRUST about alternative approaches to developing, maintaining and administering the Wood.  Those discussions settled on an option as set out in the resolution put forward to Council in 2016.  Those discussions were not advanced as the Trust wished to first pursue the purchase of the adjoining land being Lavender’s Wood, which Council assisted with by standing as guarantor.  Having acquired Lavender’s Wood and completing its subdivision, the TRUST is now in a position to enter into an Agreement and take over the management, administration, development and maintenance of Roland’s Wood.

Therefore, Council needs to determine whether it still wishes to enter into an agreement with the TRUST to transfer the development, maintenance and administration of Roland’s Wood, (a four hectare woodland reserve located on Kerikeri Inlet Road) to the TRUST.

In addition, and subject to the High Court agreeing, Council needs to determine whether it wishes to transfer the balance of the trust funds held by FNDC (current value being $101,101) to the TRUST for it to administer on the same terms and conditions as set out in the ‘Deed of Trust’ and an agreement to be entered into between FNDC and the TRUST.

2) Discussion and Options

The Friends of Roland's Wood Charitable Trust (FRWT) aim is to manage both pieces of land seamlessly.  The future division of accountabilities is detailed below:

FNDC responsible for:

  Dog control and signage as per Council bylaws

FRWT responsible for:

  Basic maintenance including spraying and mowing

  Weed eradication

  Pruning and removal of dead trees (which there are many)

  Track building and maintenance

  Development projects including clearing and cleaning up of ponds, building bridges and infrastructure

  Creation of viewing points and seating positions for visitors to enjoy the 9ha park.

  Creation of a water and power supply to support the parks maintenance and development needs

FRWT proposes they will:

  Manage the land as described above

  Provide an annual operations report covering the previous 12 months work and events

  Put in place a Sustainable Plan for the management of the woodlands

  Be in a financially robust position with an estimated $250,000 in the bank, dependent upon the sale of the last section being sold.

  Develop the land by creating tracks and planting approximately 10,000 trees and shrubs to increase the current useable parkland by 2 - 3 hectares.

FRWT proposes Council to:

  Administer its Dog Control requirements over Roland’s Wood

  Transfer the remaining fund to the Trust by way of a High Court order

 

Therefore, Council needs to reconsider the following options:

1.   Status quo.

2.   Treat as Council reserve land and maintain and manage the land at the level contemplated by the Trust Deed.

3.   Transfer the development, maintenance and operation of the wood to the Trust established by the Friends, along with the balance of funds, and limit Council’s involvement to ownership of the underlying land and for Council to apply to the High Court to change the Trust Deed to enable this to happen.

Assessment of options

1.   This is not a viable alternative.  FRWT need to have the authority to be able to get on with the development and management of the wood.  Council does not have the resources available to maintain and administer this reserve at the level contemplated by the settlor of the Trust.  There is a viable alternative that is available and want to take on this responsibility.  In addition, the new health and safety legislation and the risks and obligations of Council and TAC members mean that an alternative is required.

Not recommended

 

2.   Treating the wood as “just another reserve” is not consistent with the intention of the Trust Deed.  Although it is possible for the trust fund to fund the difference between a standard level of service and the higher level of service required for this park for a period of time, a time is finite.  Once the bequest funds are exhausted, the administration of this additional level of service is difficult as it cannot be justified within Council’s limited resources. Council is good at large scale ‘standard’ maintenance and development, but is not generally good at the special or one off developments.

Not recommended

3.   This option will use the different governance structure already established by FRWT. The new governance group can plan their development and additional maintenance over the standard level provided.  Council will continue to be the land owner, so that preservation of the wood lot is preserved over time however the community, through the Friends, has the responsibility for the ongoing development and maintenance of the wood.  There will be provision built into the transfer documents that in the event of the failure of the Friends, operations and maintenance will revert back to Council.  

Recommended

Reason for the recommendation

The current operation of Roland’s Wood is not sustainable.  The recommendation has the purpose of giving effect to the original intention of Roland Sanson, having Council retain the asset for the long-term benefit of the community, but having development, operations, maintenance and administration undertaken by a focussed community group who are dedicated to the development of the Wood and Roland’s vision for the wood.

3) Financial Implications and Budgetary Provision

The remaining balance of the funds (gifted through the Deed of Settlement) would be transferred to the new trust established by the FRWT.

Council will incur some cost in the changes to the Trust Deed and having those approved by the Court.  The drafting will be undertaken by in-house counsel and the High Court application and processing costs are negligible.

Therefore, there is no proposed increase in funding as the land asset remains with Council. 

Attachments

1.      Copy of Report BWCB 6 April 2016 Item 7.3 Roland's Wood - A2522251

2.      Friends of Roland's Wood Agreement (draft) - A2521688

3.      Declaration of Trust establishing the Roland's Wood Trust - A2522167  


 

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 - There are historic levels of community interest in the proposal.

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

Not applicable.

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

Previous reports in 2016 contain information and options that are still relevant.

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.

Requested information from Ted Wihongi and Robert Willoughby specific to Maori engagement.

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 (for example, youth, the aged and those with disabilities).

Not applicable.

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

There is no proposed increase in funding as the land asset remains with Council.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Ordinary Council Meeting Agenda

29 August 2019

 

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Ordinary Council Meeting Agenda

29 August 2019

 

FRIENDS OF ROLAND’S WOOD CHARITIABLE TRUST

 

 

 

 

FAR NORTH DISTRICT COUNCIL

 

 

 

 

 

 

 

 

 

 

 

 

AGREEMENT FOR THE MAINTENANCE, OPERATION, DEVELOPMENT AND ADMINISTRATION OF ROLAND’S WOOD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AGREEMENT FOR THE MAINTENANCE, OPERATION, DEVELOPMENT AND ADMINISTRATION OF ROLAND’S WOOD

 

 

PARTIES:

 

 

FRIENDS OF ROLAND’S WOOD CHARITABLE TRUST

(“FRWCT”)

 

FAR NORTH DISTRICT COUNCIL AS TRUSTEE OF THE ROLAND’S WOOD TRUST

         (“FNDC”)

 

 

BACKGROUND:

 

A.   Roland Sanson gifted 4.0ha of land to Council in 2007 and small trust fund of around $200,000. was provided for the upkeep of the wood lot.

 

B.   The FNDC was appointed as the sole trustee of the Roland’s Wood Trust (“the Trust”) and it cannot be relieved of this role without the consent of the High Court.

 

C.  The purpose of the Trust is “the provision and maintenance of a woodland public park for recreational use, enjoyment and benefit of the public”.

 

D.  The land was planted as woodland with annual bulbs and exotic trees, which require a high level of service.  A reserve of this type does not sit easily or practically within a Council structure and as a result the wood was not maintained for a period of time.

 

E.   Rotary re-established the grounds and when their role ceased a voluntary group “the Friends of Roland’s Wood” took over that role.

 

F.   The Friends are involved in the development and implementation of a management plan for Roland’s Wood and are actively involved in the in the ongoing maintenance and presentation of the wood.

 

G.  The Friends have formed a Charitable Trust (FRWCT) to be responsible for the work undertaken by the friends.

 

H.  FWRCT wish to take over the responsibility for the management, administration, development, maintenance and presentation  of the wood and FNDC, subject to the agreement of the High Court, agrees to;

 

(a)  retain ownership of the land.

(b)  transfer the obligation to manage, administer, develop, maintain and present the wood to FRWCT.

(c)  Transfer the balance of the trust fund provided for the upkeep of the wood lot to FWRCT.

 

IT IS THEREFORE AGREED:

 

 

1.         FNDC Shall, subject to the condition precedent in paragraph 4, transfer to FRWCT the rights and obligations to manage, administer, develop, maintain and present the Roland’s Wood and FRWCT accepts the transfer of all those rights and obligations.

 

2.         FRWCT shall comply and uphold the purpose of the original trust being “the provision and maintenance of a woodland public park for recreational use, enjoyment and benefit of the public”.

 

3.         Upon receipt of the High Court’s consent FNDC shall transfer the  balance of funds held in the Roland’s Wood Trust fund to FRWCT to be used for the sole purpose as set out at clause 4.2 (a) of the Roland’s Wood Trust namely:

 

“(a)  Maintenance Expenses:  To pay out the annual income received from Roland’s Bequest (and such portion of the capital of Roland’s Bequest as the trustees may from time determine) expenses relating to the maintenance, development and improvement of Roland’s Wood and for the enforcement of the covenants over the adjoining land as described in Schedule A. The capital and income of Roland’s Bequest shall not be used for any other purposes other than those set out in this clause and such incidental expenses resulting to such purposes without the prior consent of the High Court.”

 

4.         Upon the signing of this agreement FNDC shall make an application to the High Court to allow it to transfer the rights and obligations and balance of the trust fund to FRWCT.

 

5.         To assist FRWCT with the maintenance and management of Roland’s Wood, FNDC shall make an annual payment to FRWCT of the equivalent amount that Council would otherwise pay in maintaining this reserve to a standard in accordance with FNDC specifications.

 

6.         The Trust shall annually supply written report to the Chief Executive detailing it financial position, management and plans for the ongoing maintenance and development of Roland’s Wood, Council within 3 months of the expiry of FRWCT’s financial year.

 

7.         In the event of FRWCT being terminated or it being no longer able to manage, administer and maintain the woodland those obligation shall revert back to FNDC and any funds held by the FRWCT shall be paid over to FNDC.

 

8.         Nothing in this Agreement shall be construed as constituting a joint venture, partnership, agency or representative of the either party to this agreement.

 

9.         Nothing in this agreement shall be construed as giving any party any right or authority to act for or represent or otherwise assume any obligation on behalf of or in the name of the others and each party agrees to indemnify and hold harmless each of the others from and against any claims, losses or damages whatsoever arising in respect of liabilities incurred as a result of an unauthorised act or representation or assumption on behalf of or in the name or names of the others.

 

10.       Each party shall retain and maintain their own public liability insurance either as owner or as manager of Roland’s Wood.

 

11.       No party shall assign or purport to assign (whether in part or in whole) their interest in this Agreement without the prior written consent of the other party.

 

12.       No waiver, amendment or other modification of this Agreement shall be effective unless in writing and signed by or on behalf of each party to be bound thereby.

 

13.       The parties agree to execute all such documents and do all such acts or things as may reasonably be required in order to give effect to the terms of this Agreement.

 

14.       Any failure by a party to enforce any clause of this Agreement, or any forbearance, delay or indulgence granted by that party to any other party will not be construed as a waiver of the first party’s rights under this Agreement.

 

15.       If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, this Agreement will remain otherwise in full force apart from such provision which will be deemed deleted.

 

16.       This Agreement will be governed by, and construed in accordance with the laws of New Zealand.

 

17.       In the event of any dispute between the parties in respect of or in connection with the Agreement the parties shall, without prejudice to any other right or entitlement they may have pursuant to this Agreement or otherwise, explore whether the dispute can be resolved by agreement between them using informal dispute resolution techniques such as negotiation, mediation, independent expert appraisal or any other alternative dispute resolution technique.  The rules governing any such technique adopted shall be as agreed between the parties or as recommended by the President of the New Zealand Law Society.

 

18.       The parties agree to treat each other in good faith as to the matters contained within this Agreement.

 

 

 

 

 

 

Dated this            day of                            2016

 

 

 

 

 

SIGNED by

FRIENDS OF ROLAND’S WOOD CHARITABLE TRUST

 

 

 

 

SIGNED by

         FAR NORTH DISTRICT COUNCIL

 

 

 


Ordinary Council Meeting Agenda

29 August 2019

 

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Ordinary Council Meeting Agenda

29 August 2019

 

9.2         Kerikeri Waste Water Additional Budget Funding

File Number:           A2611149

Author:                    David Clamp, Manager Infrastructure Project Delivery

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

 

Purpose of the Report

To seek approval for an increase to the current approved budget, due to cost overruns encountered in the Kerikeri Waste Water project.

Executive Summary

·        Due to increases in design and construction costs, additional budget is now requested to complete the under construction Kerikeri Waste Water Treatment Plant project works.

·        There has been a 27% increase to the cost  of undertaking construction projects across New Zealand over the past four years. This increase is due in the main to the drain being placed on the in country resources by the current growth in Auckland and other main centres around New Zealand.

·        In 2018 a budget increase was approved by Council. This budget increase would see a change of scope and site location which would allow for an increase in the capacity of the proposed Kerikeri Waste Water Treatment plant.

·        The 2018 budget increase to allow this capacity did not fully allow for the future proofing of the cost increases that would arise from the additional design and construction works. These additional costs have now eventuated on the project. These costs, which are centred around the procurement and construction 2018 scope changes, will mean an overrun to the current budget of 5% (one million five hundred thousand dollars).

·        The Kerikeri Waste Water Treatment project is currently 45% through its construction phase and is due for completion in March 2020.

 

Recommendation

That Council approves a Project Budget increase of $1,500,000.00 (One million five hundred thousand dollars) to enable completion of the Kerikeri Wastewater Treatment Plant within current scope and timeframe.

 

 

1) Background

In 2018 a proposal was put to Council that would see major design changes made to the then design of the new proposed Kerikeri Waste Water Treatment Plant. The proposal understanding was that a relocation of the plant to a new position on the site would increase capacity of the plant and see financial and cost savings on the project.

These savings have been seen on the project but not to the extent in which they were envisaged in 2018. Additional design and construction costs have been incurred on the project which could not have been foreseen in 2018 when the proposal was made.

With the above in consideration a review has been undertaken of the current cost to complete. It is estimated from this review that a cost overrun of 5% ($1,500,000.00) will be expected on project completion.

2) Discussion and Options

A number of options have been reviewed.  Each of these options comes with their own risks and possible future implications on the completed wastewater treatment plant. These options are detailed below.

Option one – agree to the budget increase

The project would be delivered within the current project scope and timeline.  This option would require an increase to the ratepayers connected to the new wastewater treatment plant of $52.48 per annum over a period of twenty years.  This is the preferred option.

Option two -  reduce size of plant

In this option, we would halt works whilst an engineering review is undertaken to reduce the size of the plant and therefore construction and procurement costs that would be needed to complete the project. This option is not preferred, as current project timelines would be greatly extended and the plant would not be in service within a period acceptable to meet the current and future growth requirements of the Kerikeri area.

Option three – discontinue the project

In this option, all works are stopped and the project is shelved. This option is not a preferred option, as the plant is required to meet the current and future waste water requirements of Kerikeri and significant ratepayer and government funding have allowed the project to proceed to this stage.  If the option of stopping the project was the selected option $7.3 million of external contributions would need to be repaid by council.

Reason for the recommendation

The recommendation to Council is that the budget increase option is approved and the project is allowed to continue with its current scope and timeline to a March 2020 project completion.

3) Current Budget.

Approved in 2018 is $25,600,000.00 (Twenty five million six hundred thousand dollars).  Approval of additional funding would see the total project cost at $27,100,000.

4) Financial Implications and Budgetary Provision

This budget increase proposal would require a rates increase to the ratepayers connected to the wastewater treatment plant. The current capital rate for 2019/20 is $395.22 per SUIP and the proposed rate for 2020/21 was approximately $835.30. With the addition of $1.5m to the project costs, the proposed rate will increase to approximately $892.52 per SUIP. The final rate figure will depend on the actual cost of the project and could be slightly higher or lower.

 

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

This issue is of high significance and requires a prompt solution and approval of the recommended option to ensure Council delivers a fully functioning wastewater treatment plant.

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

The 2015/2025 Long Term Plan has determined that a new reticulation system and WWTP will be delivered during the life of that LTP.

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

This project is of high significance to the Bay of Islands Community Board and the people of Kerikeri.

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 currently no implications for Maori.

The local Iwi were consulted on the existing and future discharge to the Waitangi Wetlands after the site blessing held on the 13th of March 2018.

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 (for example – youth, the aged and those with disabilities).

All affected parties have been identified and consultation has been undertaken.

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

This budget increase proposal would require a rates increase to the payers of Kerikeri. The proposed rate for 2020/21 would increase from $835.30 to $891.52

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

  


10        Strategic Planning and Policy Group

10.1       Proposed Speed Limit Changes - Okaihau - Kaeo - Waimate North Areas

File Number:           A2577016

Author:                    Roger Ackers, Manager - Strategy Development

Authoriser:              Darrell Sargent, Chief Financial Officer (Acting)

 

Purpose of the Report

To adopt a consultative procedure for proposed new speed limits in the Okaihau-Kaeo-Waimate North Review Area

Executive Summary

·        The Speed Limits Bylaw 2019 is the statutory instrument that sets speed limits on local roads that the Far North District Council is responsible for

·        As part of the national “Safer Journeys” programme, Councils are required to review all speed limits in the district over time, with an initial focus on high benefit, self-explaining areas

·        The reviews are being led by the Northland Transport Alliance (NTA) on a regional basis to ensure consistency across the region and to achieve cost savings

·        This Report and Attachment seeks approval from Council to consult with the community in late October 2019 on proposed new speed limits within the Okaihau – Kaeo – Waimate North Area.  In addition to general speed limits, variable speed limits are also proposed in two School Zones.

 

Recommendation

That Council:

a)      Adopts the attached “Statement of Proposal – Speed Limits Review – Okaihau-Kaeo-Waimate Review Area – Proposed Variable School Zones” for consultation.

b)      Undertakes consultation on the proposed changes to speed limits set out in the attached Statement of Proposal in accordance with the Special Consultative Procedures set out in Section 83 of the Local Government Act 2002.

c)      Commences consultation in late October 2019, following the completion of local body elections.

d)      Authorises the Chief Executive to make any necessary minor drafting or presentation amendments to the attached Statement of Proposal and to approve the final design and layout of the documents prior to printing and publication.

 

1) Background

Section 22AB(1)(d) of the Land Transport Act 1998 provides for a Road Controlling Authority (Council) to make a Bylaw that sets speed limits for the safety of the public, or for the better preservation of any road.  Council recently updated the introductory sections of the Speed Limits Bylaw to make it consistent with new legislation and consistent with other Bylaws in Northland.

The Governments Safer Journey’s Strategy requires all Road Controlling Authorities to review the speed limits on roads under their control.  The purpose of the review is to set speed limits that are safe and appropriate for the road environment with the principle aim of reducing fatal and serious harm crashes.  Whilst all roads will be reviewed, the initial focus is on roads where the evidence shows that the greatest benefit can be achieved through speed management.  Evidence includes risk assessments, key stakeholder input, and areas where the community has consistently raised concerns over speed management.

A catchment-based approach has also been taken.  Where a high priority road is identified, an assessment of other roads within a reasonable catchment area is also undertaken.  This approach helps avoid situations where a smaller narrow side road has a higher speed limit than the main arterial route.

The initial review area includes the wider catchment area bounded by:

·  The north-eastern side of State Highway 1 from the intersection with State Highway 10 to the intersection with Puketi Road in the west

·  The western side of State Highway 10 from the intersection with State Highway 1 to the intersection with Waiare Road in the north

·  The eastern side of Puketi Road and Waiare Road.

The review area specifically incorporates:

·    Waimate North Road

·    Wiroa Road west of State Highway 10, including the intersection with the Airport

·  Springbank School (Waimate North Road); Oromahoe School (Oromahoe School Road); and Te Rangi Aniwaniwa (Quarry Road Kaitaia).

 

2) Discussion and Options

Why are we reviewing this area first?

The community and key stakeholders have identified Waimate North Road and Wiroa Road as roads that should be reviewed early in the overall review process.  Council has also received consistent requests to lower speed limits on some of these roads or undertake other road safety actions.

The total review area has been expanded from the core roads to include a wider catchment area that is a manageable size for the review process. 

Consistency of speed limits

One of the aims of the review process is to identify evidence based safe and appropriate speed limits.  The limits are based on recorded crash history, risk assessment and the wider road environment. 

It is also important that proposed speed limits are consistent so that the speed limit on one road is similar to that of another road that has the same look and feel.  National Speed Management Guidance assists in achieving this consistency and is one issue that must be considered when proposing a speed limit.

The Setting of Speed Limits Rule 2017 identifies a range of matters that the Road Controlling Authority must consider and assess when proposing a new speed limit.  This includes the wider road environment; the safe design speed of the road; adjacent land-uses; and what the road is used for.

Public consultation

Section 2.5 of the Setting of Speed Limits Rule 2017 identifies the groups and organisations that must be consulted before setting a new speed limit.  This includes any local communities that may be affected by the proposed speed limit.  Consultation must be undertaken in accordance with Section 156 of the Local government Act 2002.

Given the large area covered by the review area, the changes proposed and community interest it is proposed to consult in accordance with the Special Consultative Procedures set out in Section 83 of the Local government Act 2002. This will be given effect to by:

·    Directly notifying statutory consultees as set out in Section 2.5 of the Setting of Speed Limits Rule 2017, as well as key stakeholders, as identified by Council and Section 22AD (3) of the Land Transport Act 1998.

·    Public notice will be placed in media with the information able to be viewed at Council service centres.

·    The Statement of Proposal, along with detailed technical review information will be made available on council’s website

·    Where appropriate, drop in sessions will be organised.

Council is required to ensure that there is reasonable opportunity for persons to present their views to Council in a manner that is appropriate to the preferences and needs of those persons.  To facilitate this, a hearing date will be reserved.

Option One:  Do not adopt the Statement of Proposal

This option would mean that any review of the speed limits identified in the Statement of Proposal will not take place until Council approves so at a later date.

Option Two (Recommended Option):  Adopt the Statement of Proposal and commence consultation in late October

This option allows time for the following to occur before the commencement of the new school year in February 2020;

·    Consultation on the proposed speed limit changes

·    Hearings on the proposed speed limit changes

·    Deliberations on the proposed speed limit changes

·    Adoption of changes to the speed limits bylaw.

Option Three:  Adopt the Statement of Proposal and commence consultation at a later date

This option would not allow enough time for a new bylaw to be adopted by Council before the start of the new school year in February 2020.  There has also been strong feedback from the community to avoid community consultation over the late December to end of January period which means that there is a limited amount of time available for consultation post the Local Body elections in October.

Recommendation – Adopt the Statement of Proposal and commence consultation in late October

The setting of new speed limits has the potential to give rise to significant community interest and comment.  Given the proximity of local body elections, it is recommended that Council consider commencing the formal consultation in October, following the completion of the Local Body elections.

This option enables staff to consult on proposed speed limit changes, for hearings to occur, for deliberations to be had and for Council to adopt new speed limits before the start of the school year in February 2020.

Next steps

Following the public consultation process, all submissions will be reviewed and summarised and a determination will be made as to whether a hearing will be required to enable submitters to present their views in person.

If Council decides to make the proposed amendment to the Bylaw, the change will be publicly notified and appropriate changes to signage will be implemented.

Reason for the recommendation

Council is required to consult the affected community when proposing new speed limits in accordance with Section 156 of the Local Government Act 2002.  In the case of this Speed Limit review, it is assessed that Section 156(1)(a)(ii) applies.  It is therefore recommended that Council utilise the Special Consultative Procedures set out in Section 83 of the Local Government Act 2002.

3) Financial Implications and Budgetary Provision

There are no ongoing financial and budgetary implications of this decision.  However, it should be noted that changes to speed limits will incur an initial cost for new signage, which will be met within existing budgets. 

In the case of new variable speed limits for school zones, there may be additional costs in the order of $40,000 per school zone if Council chooses to install electronic variable speed limit signs. This additional cost would be funded from General rates.  The use of conventional static signs can be met within existing budgets.  

 

Attachments

1.      Statement of Proposal - Speed Limit Review - Okaihau-Kaeo-Waimate Review Area - Proposed Variable School Zones - A2593153  


 

Compliance schedule:

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

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

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

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

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

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

 

Compliance requirement

Staff assessment

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

The statement of proposal for changing speed limits exceeds the thresholds of public interest and the potential to divide the community.  Administration is recommending consultation under the LGA requirements of formal consultation.

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

The Speed Limits Bylaw will be subject to change as a result of consulting on the proposed speed limit changes put forward in this report.

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

 The Statement of Proposal is addressing road catchments in the Bay of Islands-Whangaroa Ward with one viable school speed zone proposed in the Te Hiku Ward.  As per delegations all proposed changes to bylaws are approved via Council.  The chair of the Bay of Islands-Whangaroa Community Board will be made aware of this proposal prior to the Council meeting as will the chair of the Te Hiku Community Board.

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

 The views of Manawhenua on road safety have been heard via deputations at Council meetings.  As part of formal consultation Council will be contacting directly those who have presented to Council on their concerns regarding road safety in the Far North.

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 (for example, youth, the aged and those with disabilities).

New Zealand Police via the Northland Transport Alliance have been involved in providing data on road crashes that have feed into the proposed speed limit changes in the attached Statement of Proposal.  The New Zealand Transport Agency (NZTA) is currently reviewing speed limits on State Highway 10.  The proposed changes to the speed limits as per the statement of proposal have taken into account the speed limit changes that NZTA are proposing on the State Highway Network in the Far North.

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

There are no direct financial implications for FNDC.  The funding for the updating of speed limit signage is via the budgets that are set for Northern Transport Alliance.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


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Ordinary Council Meeting Agenda

29 August 2019

 

10.2       Governance Diagnostic Assessment

File Number:           A2578079

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

Authoriser:              Shaun Clarke, Chief Executive Officer

 

Purpose of the Report

To approve the recommendations made by LGNZ.EquiP as part of the Far North District Council Governance Diagnostic Assessment.

Executive Summary

After reviewing the feedback received as part of the CouncilMARK programme, Far North District Council (FNDC) made the decision to undertake a self-evaluation with the aim of improving Governance performance.  Local Government New Zealand (LGNZ) was approached to ascertain a fit for purpose governance diagnostics assessment framework. The assessment concluded in a number of recommendations including that Council formally adopt the LGNZ.EquiP recommendations.

 

Recommendation

That Council:

a)      approves the LGNZ.EquiP recommendations and instructs the Chief Executive Officer to develop an implementation plan based on the recommendations.

b)      the Chief Executive Officer returns to Council with an update report before the end of March 2020.

 

 

1) Background

In mid-2018, Council engaged LGNZ.EquiP to carry out a governance diagnostics assessment.  The initiative was facilitated by consultants Pamela Peters and Dr Steven Finlay.  The review concluded with a workshop on 6 June 2019 to work through the final draft diagnostics and agree a set of recommendations designed to improve the quality and efficiency of governance within Council.

2) Discussion and Options

The first recommendation is that “FNDC Governance move a Council Resolution to adopt these recommendations.”  The recommendations are listed as follows:

1)   FNDC Governance work with the CE to support FNDC Governance to have strategic input to current Annual Plan process, as means of strengthening their governance - and strategic - role, while mitigating and reducing governance overreach into management.

2)   To enable this, FNDC adopt a clear visual representation and organisational understanding of Vision, Strategies, Committee priorities, Goal setting and regular Performance monitoring (see pp.9-10, below)

3)   As part of this:

i.    Agree on an operational response mechanism such as a dashboard and the technology to share data - requests for services, complaints, works programme etc. Discuss with CE whether this is within existing resources and processes or are some changes in approach required?

ii.   On this platform expect a flow on change in the Mayoral Office and Councillors, to provide significantly less ratepayer escalation requests and an increase in confidence in the process.

4)   Vision to prioritising portfolios or equivalent to drive governance management engagement.

5)   Committee Structures revisited as discussed to reflect the outcomes desired. Explore the needs of the organisation, what goes to Council or what to each Committee, consider the frequency of Council meetings and the delegations of working reference groups. Consider the concept of portfolios for elected members.

6)   Look at shaping agendas to full Council; structured for efficiency and dealing with strategic issues first, where they are linked to key community outcomes. Consider how best to incorporate your community engagement focus and community board involvement as appropriate.

7)   A new Agenda template to be supplied and developed for clear linkage of vision and implementation, with smart dashboard to track progress such as a Power Businesses Intelligence framework.

8)   Recommend Councillors interact with Strategic Leadership Team members to build trust, protocols and engage at appropriate committee and subject matter governance meetings.

9)   Our recommendation would be to re-consider and affirm Council’s approach to regulatory functions, that allows appropriately for forward planning leadership and efficient and effective compliance functions including an option for a Regulatory Committee to integrate holistic spatial planning under an affirmed governance role.

10) Encourage Councillor informal ‘get-togethers’ and occasionally with staff too, at a community event or to celebrate milestones with achievements.

11) Consider what is happening with Asset Management Plans and discuss actions ahead, in reference to NTA Review.

12) Consider organisational and governance work with iwi and hapū, for any changes in 2019.

13) Prepare an induction process for the 2019 elections that incorporates:

a.   Familiarisation of Council functions and its facilities and meeting procedures;

b.   Time for Councillors to mix and understand each other’s background;

c.   Introduction to senior staff and their roles;

d.   Recognise the roles of governance and management; and

e.   Provide for governance training opportunities in budgets and ensure governance training is provided.

Option 1(recommended option)

The current Council approves the recommendations in the LGNZ.EquiP Governance Diagnostics assessment and instructs the Chief Executive Officer to develop an implementation plan to be presented to the new Council in early 2020.

Option 2

Council recommends delaying the approval of the recommendations until after the 2019 Local Government Elections.

Reason for the recommendation

The recommended option represents steps towards improving governance at FNDC.  These improvements will, however, require further work by Council Administration before they can be implemented. Therefore this report recommends proceeding with the approval of the recommendations to allow Council Administration to begin preparing a plan for their implementation over the coming months.

3) Financial Implications and Budgetary Provision

The recommendation contained within this report can be enacted within existing budgets.  In circumstances where budgets are insufficient Council may be asked to approve additional funds through the 2020/21 Annual Plan process.

Attachments

Nil


 

Compliance schedule:

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

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

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

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

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

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

 

Compliance requirement

Staff assessment

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

This report is of low significance

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

Council’s decision making powers are provided by the Local Government Act 2002

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

Quality of Governance is of relevance to the District as a whole.

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.

Internal self-assessment only.  No external interface

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 (for example, youth, the aged and those with disabilities).

The assessment referred to in this report was undertaken with the relevant stakeholders

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

The recommendation contained within this report can be enacted within existing budgets or sufficient funds allocated through the Annual Plan process.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


10.3       Regional Plan - Genetically Modified Organisms Decision

File Number:           A2594359

Author:                    Tammy Wooster, Senior Policy Planner

Authoriser:              Sheryl Gavin, General Manager – Strategic Planning and Policy (Acting)

 

Purpose of the Report

To determine whether Council should appeal Northland Regional Council’s decision to reject the inclusion of provisions that control genetically modified organisms in the Proposed Regional Plan. 

Executive Summary

Northland Regional Council has made a decision to reject having provisions that control genetically modified organisms in the Proposed Regional Plan.  Far North District Council made a submission to the Proposed Regional Plan requesting the inclusion of provisions to control genetically modified organisms, reflective of those included in the Auckland Unitary Plan.  Council must now decide if it wants to appeal Northland Regional Councils decision. 

 

Recommendation

That Council resolve to appeal Northland Regional Councils decision on the Proposed Regional Plan as it relates to the inclusion of provisions to control genetically modified organisms under Clause 14 of Schedule 1 of the Resource Management Act 1991.

 

1) Background

Proposed Regional Plan 

On 6 September 2017 Northland Regional Council (‘NRC’) notified the proposed Northland Regional Plan (‘Regional Plan’) without genetically modified organisms (‘GMO’) provisions.  The only reference to GMOs was in a tangata whenua policy (D.1.1).  At this stage, Administration is unclear as to NRC rationale for rejecting the regulation of GMOs.

Far North District Council (‘FNDC’) and Whangarei District Council (‘WDC’) actively participated in the Regional Plan process seeking appropriate GMO provisions to ensure consistency across the Northland Region.  At the 13 April 2018 NRC Council meeting the decision was made that Council would hear and determine the GMO submissions instead of Independent Commissioners.   NRC Councillors at their 16 July 2019 meeting resolved not to include any provisions managing GMOs.  While NRC advised that this decision would be formally notified before 6 August 2019, at the time of writing this report no notification had been received. Once formally notified FNDC has 30 working days to decide whether to lodge an appeal on that decision to the Environment Court. 

In 2003 local authorities in the Northland / Auckland region formed an Inter-Council Working Party on GMO Risk Evaluation and Management Options (‘The Work Party’) in response to significant community concerns regarding the outdoor use of GMOs.  The Working Party comprises of Auckland Council (and predecessor councils), FNDC, WDC, Kaipara District Council (‘KDC’) and NRC.

The Working Party carried out a comprehensive investigation into the risks posed to communities and councils from the outdoor use of GMOs and options to manage identified risks.  As a result of this investigation the Working Party developed draft planning provisions for land and the coastal environment.  A draft section 32 analysis was also developed to support those provisions.

Plan Changes

Auckland Council included those provisions in its Proposed Unitary Plan, and the Independent Hearings Panel recommended that the GMO provisions remained in the Unitary Plan with minor modifications.  The Auckland Council adopted that recommendation on the 19 August 2016. 

FNDC and WDC included the same land based provisions in a plan change to their respective district plans.  FNDC Plan Change 18 was notified and heard concurrently with the WDC Plan Change 131.  Plan Change 18 inserted a new chapter and new definitions in the Far North District Plan to regulate the outdoor use of GMOs.  The rules provide for a precautionary approach as recommended by the Working Party investigations.   Both plan changes are now operative.

Northland Regional Policy Statement

FNDC supported the WDC appeal seeking inclusion of GMO provisions in the Northland Regional Policy Statement (‘Policy Statement’).   This appeal was successful and resulted in the following being made operative in the Policy Statement as of 14 June 2018:

·    Issue 2.6(g) - use and release of GMOs being identified as an issue of significance to tangata whenua.

·    Policy 6.1.2 and Method 6.1.5 relating to the use of genetic engineering and the release of genetically modified organisms, which states that a precautionary approach should be taken.    

2) Discussion and Options

The following implications have been identified as a result of the Regional Council GMO decision:

·    The potential for cross boundary effects.  A key feature of the Working Party on GMOs was seeking a consistent approach to GMO provisions in the Northern Peninsula.

·    A lack of precautionary GMO provisions for the Northland Coastal Marine Area. This would be regionally inconsistent with Auckland Council’s approach in the Auckland Unitary Plan.

·    Inconsistency with FNDC’s and WDC’s land-based district plan provisions.

·    The decision is arguably inconsistent with Policy D.1.4 of the Regional Plan.

·    The decision is arguably inconsistent with the Policy Statement and New Zealand Coastal Policy Statement. 

·    Not meeting the expectations of our communities and tangata whenua, who have advised they want GMOs to be regulated at a local level.  

Option 1: Appeal the Regional Plan decision (Recommended Option)

An appeal will result in further costs associated with Environment Court mediation and potential hearing.  Legal counsel will be required to represent FNDC, with expert evidence from a planner, scientist and economist for any Environment Court hearing.  Attendance at mediation can be restricted to legal counsel and FNDC administration staff to reduce costs.  FNDC to date has invested significant time and resources into the GMO topic.  The cost of this appeal is estimated to be $70,000 should it proceed to an Environment Court hearing.  FNDC does not have budget currently allocated for further work on this topic, and costs incurred would have to come out of the District Plan legal budget.    These costs could be incurred over a two year period or longer depending on the duration of any appeal. 

Option 2: Join appeals under Section 274 of the Resource Management Act 1991

Costs and resourcing time associated with the Environment Court process will be reduced from those in Option 1.  However, FNDC will be limited to the scope and direction of the original appellant.  This is the approach that FNDC took with the Policy Statement.  We have no certainty at this point in time that WDC will be appealing the decision.  WDC administration staff are currently seeking approval from their Planning and Development Committee to appeal the decision.  This committee will be hearing this agenda item on 15 August 2019.  Historically we have shared legal and expert witness costs with WDC and this approach could continue if both parties appeal the decision.  It is also likely that other groups such as GE Free Northland will also appeal the decision; this could result in the scope and direction of any joint appeal being sufficient.  In the past GE Free Northland has relied on WDC and us to financially contribute to appeal costs due to their reliance charitable funding.   

Option 3: Do not appeal the Regional Plan decision

Council would avoid the costs associated with the Environment Court process.  There is a risk that the implications detailed above will remain and Council will be inconsistent with the approach taken by WDC.   However if other parties do lodge an appeal and are successful it may address the issues identified in this report. 

Reason for the recommendation

The GMO topic has been a key issue in the district for more than a decade, with strong community support in precautionary GMO provisions. FNDC has been directly involved in the Policy Statement, Regional Plan, Auckland Unitary Plan and has undertaken its own plan change on GMOs.  To drop the issue now would be inconsistent with this past approach, and there is a risk that FNDC will be seen as being inconsistent when responding to significant community concerns.  

By appealing the decision we have certainty over the scope and that the decision will in fact be appealed.  If WDC also resolves to appeal the decision it is possible costs would be shared.

3) Financial Implications and Budgetary Provision

Appealing the decision is estimated to be $70,000.  Funds would have to be used from the District Plan legal budget, as no separate budget has been set aside for further work on GMOs.  Costs could be reduced if WDC or other parties also appeal the decision.  Any costs are likely to be spread over a minimum two year period.  The District Plan legal budget has $112,000 currently available for the 2019/2020 financial year.     

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

This has been identified as being significant based on community concern, work done by the Working Party and support for Plan Change 18. 

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

This would result in consistency with the precautionary approach taken in the Far North District Plan. 

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

The management of GMOs in the Coastal Marine Area has district wide relevance.  Views on the management of GMOs in the District have been identified through the Working Party work and Far North District Plan Change 18.  

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.

It has been identified in the Regional Policy Statement that this is a significant issue for Māori.  When developing and implementing Far North District Plan Change 18 participating Māori groups supported the regulation of GMOs.  

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 (for example, youth, the aged and those with disabilities).

The community and Māori are likely to be affected, or have interest in this matter.  Consideration of their views and preferences has been identified through the Working Group investigation, the development of the Regional Policy Statement and Far North District Plan Change 18. 

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

Costs of an appeal could be up to $70,000.  The District Plan legal budget currently has $112,000 available.  As noted in the report costs could be shared with other parties that become involved in any appeal. Costs could be spread out over at least two financial years. 

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 


10.4       Sister City Relationship Between Far North District and Chaozhou City, China

File Number:           A2607807

Author:                    Robert Willoughby, Community Development Advisor

Authoriser:              Sheryl Gavin, General Manager – Strategic Planning and Policy (Acting)

 

Purpose of the Report

The purpose of this report is to determine whether Far North District Council wants to enter into another Sister City relationship within China.

Executive Summary

·        Chaozhou City has requested that the Far North District enter into a Sister City relationship. Council already has a Sister City relationship with Liaoning Province. If council determines there is real value in having a second Sister City relationship in China then the first step will be to endorse a Memorandum of Understanding (MOU), as a first step in advancing to Sister City status.  A suggested memorandum advanced by Chaozhou City officials is attached to this report.

 

Recommendation

That Far North District Council considers the request by Chaozhou City;

i)       agrees advancing a Sister City relationship

ii)      agrees that His Worship the Mayor signs the Memorandum of Understanding on behalf of the Far North District

iii)     agrees to maintain existing Sister City relationship with Liaoning  Province

 

 

1) Background

Resulting from Mayor Carter’s attendance at the Chao Shan (a region in eastern Guangdong Province) General Association’s event in March 2019, Mr Yikun Zhang (the president of Chao Shan) identified an opportunity to establish a Sister City relationship between Far North District and one of the cities in the Chao Shan region of China. 

Chaozhou City is keen to move forward on the process of establishing a Sister City relationship with Far North. They suggest that ideally, if Far North agrees, representatives of Chaozhou City will attend the 21st to 23rd September 2019 Convention of the Teochew International Federation in Auckland to sign the proposed Memorandum of Understanding with Council.

Chaozhou is a City within Guangdong Province in South China, located at the intersection of Guangdong-Hong Kong-Macau and is designated as a special economic zone. It has a population of 2.75 million people. It is culturally and linguistically Cantonese. Chaozhou is an important city along the 21st century Maritime Silk Road of the Belt and Road initiative that has been outlined in the Inward Investment Strategy for China (adopted by Council in September 2017). Further information about Chaozhou City is attached to this report.  

2) Discussion and Options

With a potential meeting at the 21st to 23rd September 2019 Convention of the Teochew (Chaozhou) International Federation in Auckland fast approaching, it is necessary for Council to endorse the relationship and to determine if Council will sign an MOU in the first instance to advance to a full Sister City relationship.

The Liaoning Province has a formal Sister City relationship and while the investment value to date has been low, official visits by Vice Governor and Officials have had trade delegations accompany them. Liaoning Province is relatively strategically placed as it borders Beijing. However trade is limited because of China’s economic policy. Unlike the Special Economic Zone that benefits Chaozhou City.  

The signing of the attached high level relationship agreement (MOU) is a very good first step for becoming Sister Cities. This MOU formalises intent to have open communication which is a prerequisite for Sister Cities International.  The full process for becoming Sister Cities can be found at https://sistercities.org/.

Options

Option (a) – Council can choose to retain and enhance the existing Sister City relationship with Liaoning Province as it’s only Sister City relationship in China. The onus on reciprocal visits and trade delegations will be kept to a single relationship.

Option (b) – Council can choose to enter into a formal Sister City relationship with Chaozhou City and disestablish the relationship with Liaoning  Province. The advantages are: having access to a city within the special economic zone, reciprocal visits and trade delegations will still be kept to a single relationship, and the opportunity to start a new relationship with mutual benefit to both parties.

Option (c) – Council can choose to continue and maintain its existing relationship with Liaoning Province and develop a new relationship with Chaozhou City. Council would devote the limited capacity and its resources to leverage opportunities for the Far North District from being able to attract inward investment and enhancing trade from a city within the special economic zone. Staff supports this option.

Reason for the recommendation

There is an opportunity to have a relationship with a city within the special economic zone in China which allows greater freedom for inward investment into the Far North District and opportunities for much freer trade between Chaozhou City and the Far North.

3) Financial Implications and Budgetary Provision

There are no budgetary provisions for an additional Sister City.

Council currently provides a budget of $41,000 for all Sister Cities activities with an additional $5,000 being provided for attendance at the Sister Cities conference. If a second relationship was agreed the additional iscost of reciprocal visits and hosting will need to be considered as part of the Annual Plan 2020/21.

Attachments

1.      Chaozhou City Profile - A2607876

2.      Draft MOU between FNDC and Chaozhou City - A2607882  


 

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 when considering a Sister City relationship that has potential economic and social benefits for Northland

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

This MOU is a first step that formalises intent to have open communication which is a prerequisite for Sister Cities International

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 MOU will have District wide relevance with the purpose of developing mutual understandings and friendship by  promoting exchanges and cooperation in the areas of economic, social and cultural prosperity

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

Maori sit at the heart of this MOU given the alignment of values and the economic, social and cultural imperatives outlined in this relationship  

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 (for example, youth, the aged and those with disabilities).

None

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

The financial implications of the recommended options would need to be included in the 2020/21 Annual Plan

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


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MEMORANDUM

BETWEEN

THE CITY OF CHAOZHOU, GUANGDONG PROVINCE, THE PEOPLE’S REPUBLIC OF CHINA AND

FAR NORTH DISTRICT, NEW ZEALAND

ON PROMOTING FRIENDLY EXCHANGES AND COOPERATION

 

With the goal of deepening mutual understanding and friendship, promoting exchanges and cooperation in the fields of economy, society, culture and so on as well as boosting common prosperity, a memorandum is hereby concluded between the City of Chaozhou, Guangdong Province, the People’s Republic of China and Far North District, New Zealand for further promoting friendly exchanges and cooperation.

 

1.  Both sides agreed to establish friendly exchange cities relations so as to further deepen understanding and friendship between governments and people of the two cities, and open mutual exchanges and cooperation in the fields of economy and trade, science and technology, education, culture, health and tourism and so on.

2.  Both sides agreed to further discuss mutual exchanges and cooperation in the aforementioned sectors by the ways of irregularly sending delegations, holding promotion meetings and so on.

3.  Both sides agreed to establish friendship city relations basing on multilevel and wide-range exchanges and cooperation so as to deepen cooperation and boost common prosperity and progress.

4.  Both sides agreed to set up contact mechanism. Leading officials of the two cities’ governments will keep in touch and appoint departments concerned to coordinate governmental and people-to-people exchanges.

5.  The Government of Chao Zhou City will send delegation to Far North in 2019, and host the delegation of Far North District Council to visit Chao Zhou in 2020 and organises a fundraising event for a gift to the City of Far North to celebrate the friendship between the two city and the people.

 

Done in duplicate in the City of Chaozhou on XX (date), in the Chinese and English languages, both texts being equally authentic. In case of divergence, the English text shall prevail.

 

 

On behalf of the Government                                        On behalf of the Government

of the City of Chaozhou,   Guangdong                                      of Far North District

the People’s Republic of China                       New Zealand

Mayor                                               Mayor

                                 

 


Ordinary Council Meeting Agenda

29 August 2019

 

11        Corporate Services Group

11.1       Capital Carry Forwards June 2019

File Number:           A2603944

Author:                    Angie Thomas, Manager - Accounting

Authoriser:              Janice Smith, Chief Financial Officer

 

Purpose of the Report

The purpose of the report is to identify the projects that project managers are requesting be carried forward to the 2019-20 financial year.  The projects are identified individually and a summary by activity including funding requirements is also included.

Executive Summary

·        Projects included in the 2018-19 Capital Programme that have not been completed and require the budgets to be carried forward to the 2019-20.

 

Recommendation

That the Council approve the capital budgets identified in the report “Carry Forward for Capital Programme 2018-19” totalling $26,178,452 be carried forward to the 2019-20 financial year.

 

1) Background

At 30 June 2019, a number of capital projects were underway but not completed.  The budgeted capital works for the 2018-19 year (including carry forwards from 2017-18) was $71.4m and actual expenditure incurred was $39.7m.  Of the $31.7m not spent by 30 June 2019, $26.2m is subject to carry forward in this report and $5.5m relates to projects that are either no longer required or completed under budget. 56% of the total budget was completed.

2) Discussion and Options

The projects identified for carry forward total $26,178,452 and are funded as follows:               

Loan funding                                    $9,388,213

Depreciation funding                       $6,491,250

Subsidy                                            $8,839,241

Reserves                                         $352,458

Other contributions                          $1,107,291

Reason for the recommendation

To enable the capital projects identified to be completed.

3) Financial Implications and Budgetary Provision

The budgets identified in the attached report would be in addition to those adopted in the 2019-20 Annual Plan.  Overall funding limits will not be exceeded as these projects have been included as completed in the opening balances shown within the Annual Plan 2019-20.

Attachments

1.      Carry Forward for Capital Programme 2018_19 - A2614941

2.      Carry Forward for Capital Programme 2018_19 - A2611246  


 

Compliance schedule:

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

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

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

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

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

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

Compliance requirement

Staff assessment

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

This will have a possible impact on the current capital programme 2019-20 delivery.

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

Significance and Engagement Policy

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

There is no implication for Community Boards.

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 is no special implication for Māori.

Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example, youth, the aged and those with disabilities).

NA

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

This is to seek approval to carry forward 2018-19 incomplete project budgets.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Ordinary Council Meeting Agenda

29 August 2019

 

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Ordinary Council Meeting Agenda

29 August 2019

 

11.2       Delegations to the Chief Executive Officer during the Election Period

File Number:           A2608403

Author:                    Aisha Huriwai, Team Leader Governance Support

Authoriser:              William J Taylor MBE, General Manager - Corporate Services

 

Purpose of the Report

The purpose of the report is to request that Council delegate its responsibilities under the Local Government Act to the Chief Executive for the period between the last Council meeting and the new Council's inaugural meeting (approximately 26 days).  

Executive Summary

·        The last scheduled Council meeting this triennium is 3 October 2019.

·        Election day is 12 October 2019.

·        The official results of the election will be notified between 12 – 23 October 2019.

·        The Inaugural Council meeting is scheduled for 31 October.

·        The report seeks Council’s formal approval for the delegations to sit with the Chief Executive during the period 4 – 30 October 2019 so as to ensure decisions can continue to be made during this period.

 

Recommendation

That Council:

a)      Delegates all of its responsibilities, duties, and powers, other than those that are    statute based, to the Chief Executive from 4 October 2019 until 30 October 2019.  This          will be subject to a requirement that the Chief Executive Officer:

         i.       may only attend to those matters that cannot reasonably await the first meeting              of the new Council and;

         ii.      shall report any decisions made beyond his usual delegation to the first ordinary              meeting of the new Council.

 

 

1) Background

Council needs to consider arrangements to ensure the effective and efficient conduct of Council’s business during the period between the Council’s last meeting until the first meeting of Council when the Mayor and members are sworn in (from 4 - 30 October 2019).

2) Discussion and Options

To delegate Council's responsibilities to the Chief Executive Officer in this interim period is standard practice throughout New Zealand and has been for the Far North District Council since 2004. In previous years legal advice has recommended that Council make this delegation to the Chief Executive Officer of all its responsibilities, duties, and powers as recorded in Clause 32(1) of Schedule 7 of the Local Government Act;

"Unless expressly provided otherwise in this Act, or any other Act, for the purposes of efficiency and effectiveness in the conduct of a local authority's business, a local authority may delegate to a committee or other subordinate decision-making body, community board, or member of office of the local authority any of its responsibilities, duties or powers except -

(a)     the power to make a rate; or

(b)     the power to make a bylaw; or

(c)     the power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan; or

(d)     the power to adopt a Long Term Plan, Annual Plan or Annual Report; or

(e)     the power to appoint a Chief Executive; or

(f)      the power to adopt policies required to be adopted and consulted on under this Act in association with the Long Term Plan or developed for the purpose of the Local Governance Statement.

(g)     Repealed

(h)     The power to adopt a remuneration and employment policy."

Reason for the recommendation

To ensure the effective and efficient conduct of Council business during the election period.

3) Financial Implications and Budgetary Provision

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

Attachments

Nill


 

Compliance schedule:

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

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

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

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

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

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

 

Compliance requirement

Staff assessment

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

This report is of low significance.

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

Although this is standard practice, there is no legislation to support the decision. Clause 32(1) of Schedule 7 of the Local Government Act however is referenced as the specific legislation that states the powers that cannot be delegated to any subordinate decision making body, community board or member of office of the Far North District Council.

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 report is of district relevance.

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

There are no implications on māori in shifting delegations from the Council to the Chief Executive.

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 (for example, youth, the aged and those with disabilities).

This report requests the delegation be shifted from the Council to the Chief Executive Officer and does not impact any other persons.

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

There are no financial implications or need for budgetary provisions.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

  


Ordinary Council Meeting Agenda

29 August 2019

 

12        Chief Executive Officer

12.1       CEO Report to Council 01 June 2019 - 31 July 2019

File Number:           A2602047

Author:                    Sam Chapman, Accounting Support Officer

Authoriser:              Jaime Dyhrberg, Executive Officer

 

Purpose of the Report

The purpose of the report is to present the CEO Report to Council: 1 June 2019 to 31 July 2019 for Council’s consideration.

Executive Summary

The CEO Report to Council is a summary of Council activities, presenting an overview across all activities that Council undertakes.  We have placed emphasis on relevant issues and pressures Council is experiencing whilst meeting its objectives to the community.

 

Recommendation

That the Council receive the report “CEO Report to Council 01 June 2019 - 31 July 2019“.

 

 

Background

The CEO Report to Council is attached and covers a detailed overview of progress against Council’s activities.  His Worship the Mayor and Councillors’ feedback is welcomed.

Discussion and Next Steps

This report is for information only.

Financial Implications and Budgetary Provision

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

 

Attachments

1.      CEO Report to Council_1 June - 31 July - Version 1 - A2604302  

 


Ordinary Council Meeting Agenda

29 August 2019

 

 

FNDC Horizontal Logo

 

 

 

 

 

 

 

Chief Executive Officer’s Report To Council

 

Period: 1 June 2019 31 July 2019

 

 

 

 

 

 

 

 

 

Key Work Plan Areas: CEO Office

Strategy Governance Corporate Operations

Infrastructure and Asset Management Services

 

 

 

 

 

 

 

 

 

 

 

 

Introduction
Welcome to this CEO report, which provides an overview on the Council’s activities for the period 1 June 2019 – 31 July 2019.


Welcome to the latest summary report of Council activities

 

 

 

Introduction from Darrell Sargent, Acting Chief Executive

 

The reporting period takes place at the end of one financial year and the beginning of another.  As such, this report is characterised by reporting on initiatives that have come to fruition and those initiatives that will set the Council up for success for the year ahead.

 

Most notably, there has been a significant increase (26%) in the participation in the annual Organisational Survey.  The survey covers perceptions of leadership, progress, direction, and engagement.  The increased participation is in itself is a marker of high engagement. When placed in the context that there has been an improvement in all survey areas, points to an organisation that believes it is a progressive council.

 

This perception has been reinforced by the preliminary feedback from the CouncilMARK shadow review.  The shadow review was a Council-initiated exercise to gain an independent mid-point review on our progress since the 2017 CouncilMARK assessment.  The shadow review took place on 29-30 July and involved two leads commissioned by LGNZ – one involved in the 2017 assessment and the other evaluating our improvement plan of 34 initiatives ahead of the next full assessment in April 2020.  The assessors were supported by two observers from LGNZ.  The immediate feedback was that the entire review team were impressed by the clarity and purposefulness of our improvement plan, the high levels of staff engagement over the two days, the progress made to date, and our desire to address the findings from the 2017 assessment. 

 

Looking forward to our new financial year, planning for recruitment of increased staffing establishment is well advanced.  The additional staffing will be pivotal to our success in the year ahead.  There is a staggered recruitment programme to ensure we put sufficient effort into getting the right people for the job.

 

The release of the Pre-election Report was another highlight this reporting period.  The Pre-election Report tells our story in a way that is compelling for prospective candidates.  This involved the use of infographics, full use of te reo Maori in headings and sub-headings, and an overriding narrative about the affordability challenges for the future provision of core infrastructure.

 

Far North 2100 is our primary means to engage the community on these challenges and to co-create a sustainable future for our District.  In June this initiative moved into the spotlight with a full round of community engagement events with iwi and hapu, and with organisations that can have an influence on the future well-being of the District.  These workshops were a significant first step to address the strategic dissonance that has led to underinvestment by the public sector and a failure to fully utilise the economic and social capital the exists in our communities.

                                                                                                         

Growth in the District appears to be slowing down a little with resource consent and building consent numbers starting to return to four-year averages.  It should be noted that the four year averages now include a period of sustained growth.  Actual consenting levels have been relatively stable throughout the year.  We will continue to closely monitor the situation and continue to embed the improvement programme tied to the BCA re-accreditation.

 

 

 

 

 



 

CEO Office

 

People and Capability

 

Strategic Policy and Planning

 

Strategic Policy and Planning new structure is currently in the recruitment phase, with key leadership appointments made during June and July 2019.

 

Other Business

 

Collective Bargaining has resulted in ratification meetings being held with PSA members on 24 and 25 July 2019. PSA members will then have two weeks to consider and vote on the proposed Collective Employment Agreement and Terms of Settlement.

 

The revised Reward and Recognition scheme has been updated and rolled out 8 July 2019.

 

As part of the adoption of the Annual Plan, the Council will be recruiting 21 key roles to ensure we deliver to our key programmes of work in infrastructure, engagement, compliance and customer experience. The recruitment will be staggered over the next few months.

 

Organisational Survey 2019

236 staff completed the organisational survey in June. This is a significant increase in the response to the 2018 survey which drew 188 respondents.

Initial analysis of the 2019 staff feedback indicates an overall improvement and in employee engagement. The results will inform performance development plans in all operational groups.

 

KPIs for 2019/2020

Teams have been drafting their goals for the new financial year pending confirmation of the Chief Executive’s KPIs at the end of August.

These will then be aligned with the goals cascaded down through the leadership teams. Supported through progressive learning initiatives in personal development plans, it is anticipated that all staff performance and improvement activity will be confirmed by late August.

 

Climate Change

A series of LGNZ Climate Change webinars has been attended by staff.

These events highlighted the future impact for communities and challenges for councils.


 

Health, Safety & Wellbeing

 

Summary of Activities

 

·    Kaikohe HQ Security review paper approved by SLT in July, project to commence in August

 

·    Health and safety representatives visited Fonterra’s Kauri factory during the period, which will lift representative’s confidence and understanding in operational safety matters

 

·    Customer Conflict Awareness training provided during June with attendance from over forty staff, across twelve teams

 

·    Return to Work Rehabilitation Policy and Stress Management Guidelines released to staff

 

·    A Lost Time Injury occurred during the reporting period, being a manual handling task

 

 


 

PeopleSafe Stories Types during the reporting period

PeopleSafe Stories Told 2018/2019 – 12 Month Rolling including average incidents per month

Over June and July 2019, PeopleSafe stories have been told covering 43 incident types.


Staffing, Salaries and Training

 

 

Current Staffing Levels

 

Actual Full Time Equivalent (FTE) at 31 July 2019

2018-19 Annual Plan Establishment (FTE)

312.66

377

 

 

Salaries and Training 2019-2020

 

·             Financial Performance

·             as at 31 July  2019

·             YTD Actual

·             YTD Budget

·             YTD

·             Actual vs Budget

·             Annual Budget

·             Salary Costs

$1,993,203

$2,211,051

$217,848

$28,743,646

·             Training Costs

$32,198

$58,772

$26,574

 

·             Training as a % of Salaries

·             (Sector average is 4%)

1.50%

0.2%

 

 

 

 

Vacancies

As at 31 July 2019 FNDC held the following part time and full time permanent vacancies:

Department

Vacancies currently

being recruited (FTE)

Vacancies pending

Recruitment (FTE)

CEO/Communications/People & Capabilities

2.0

2.2

Corporate Services

4.0

7.85

District Services

4.0

9.82

Infrastructure & Asset Management

7.0

6.0

NTA

4.0

2.5

Strategic Planning & Policy

4.0

6.33

FNDC TOTAL (FTE) * includes part time & full time permanent staff

25.0

34.7

Includes 21 additions as per Annual Plan, recruitment to be staggered over the next few months.


 

Communications

Media releases

 

Ten media releases were issued about:

 

·    The appointment of Will Taylor MBE to the position of General Manager Corporate Services

·    Renovations at two community halls in Hokianga

·    New technology that could half the cost of repairing subsided roads

·    The lifting of water restrictions in Kaitaia and parts of Hokianga

·    A Council decision to investigate more affordable dog shelter options

·    A milestone for the Councils property file digitisation project

·    Efforts to save a historic Moreton Bay fig tree on Russell waterfront

·    A financial contribution agreement with the developer of a retirement village in Kerikeri

·    An opportunity for the public to comment on a Mangonui waterfront concept plan

·    The relocation of a bus stop on Cobham Road, Kerikeri

 

The team fielded 35 media enquiries. Animal management issues, including dog attacks, were the single largest subject of interest, accounting for 11 enquiries.

 

Other outputs

 

Communication products produced included:

 

·    One quarterly Creating Great Places newsletter that was posted to 26,000 ratepayers with rates bills

·    Two monthly Creating Great Places newsletters, which were published in The Northern Advocate and The Northland Age as full-page newspaper adverts

·    Creating Great Places-branded radio and digital adverts

·    38 Facebook posts promoting Council projects and initiatives

·    170 new ‘likes’ of the Council’s Facebook page

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

 

Support to the Mayor

 

Support to the Mayor in writing four newspaper columns about:

 

·    Two national industry events held in the Far North

·    Far North Holdings Ltd projects

·    Community wellbeing

·    Council projects in 2019/20


 

Strategy

 

Planning

 

Annual Plan

 

The Annual Plan for 2019/20 was adopted at the June Council meeting. Work has now begun on the 2020/21 Annual Plan.

 

Pre-election Report

 

The pre-election report for 2019, at the time of this report, was nearing completion with publication timed for the first candidate evening at the beginning of August 2019.

 

Revenue Review

 

Two workshops were completed for the revenue review during June and July 2019, with good progress made against the aim of establishing Elected Member preferences prior to the election in October 2019.

 

The outgoing Council’s conclusions will be considered by the incoming Council with any resulting proposal(s) being made to the public as part of a Long Term Plan amendment and consultation.

 

 

Strategy Development, Bylaws and Policies

 

Far North 2100 District Strategy

 

On 13 June 2019 a Te Ao Māori Workshop was held at Kohewhata Marae with staff and elected members as a precursor to a joint workshop on the Far North 2100 District Strategy.

 

On 20 June 2019 a collaborative workshop with iwi and hapū representatives and elected members was held in Council Chambers to develop a further prototype for the Far North 2100 District Strategy.

 

The outcome of the two workshops was an updated Far North 2100 document that was shared with iwi and hapū representatives invited to both workshops asking for feedback.

 

Using the Far North 2100 prototype as a starting point, staff are now working on the development of a discussion document which is drawing on the available and relevant data sources that will be used to inform the discussion document.

 

The discussion document will be co-authored with iwi and hapū representatives at a workshop hosted by Ngāti Hine on 19 August 2019.

 

The final discussion document will be bought to the October 2019 Council meeting for approval to go out for consultation.

 


 

Climate Change

 

On 27 June 2019 Council gave approval for staff to submit on the Climate Change Response (Zero Carbon) Bill.  The submission was lodged on 15 July 2019.

 

Staff also contributed to a joint submission on the above Bill from the Tai Tokerau Councils Climate Change Adaptation Group (TTCCAG). We are playing an active part in the TTCCAG by participating in the planning of the development of a regional climate change adaptation strategy and a supporting implementation plan. The Council is hosting the next TTCCAG group meeting on 15 August 2019.

 

District Transport Strategy

 

A project board meeting was held for the District Transport Strategy on 10 July 2019. The board reviewed and approved the way forward for engagement with strategic stakeholders and iwi and hapū partners on the development of the District Transport Strategy.

 

Initial work on the development of the District Transport Strategy commenced. This included;

 

·    A problem definition workshop with iwi and hapū partners and strategic stakeholders

·    The development of an investment logic map and benefits map

 

The two deliverables will contribute to the development of a draft District Transport Strategy which will be bought to Council for approval to go out for consultation.

 

The development of the District Transport Strategy is on target to meet the timeframes of the Regional Land Transport Plan.

 

Strategic Relationships Survey

 

A survey of 47 strategic partners and stakeholders was conducted over the months of May and June 2019. The survey posed eight statements where the respondent was asked to score on a scale from strongly disagree to strongly agree.

 

17 responses were received with 55% of the responses to the eight statements scored in the range of agree to strongly agree.

 

A paper on the survey results was submitted to the Governance and Strategic Relationships Committee in July 2019. The Committee resolved to accept the paper and to approve the recommendations in the report aimed at growing and improving Councils strategic relationships.

 


 

Bylaws and Policies

 

On 28 June Council approved a plan to address the automatic revocation of bylaws. The next steps for the program of work are:

 

·    A new Land Drainage Bylaw (consultation running from 1 July to 9 August 2019)

·    A new Control of Earthworks Bylaw (consultation from 8 July to 9 August 2019)

·    A facilitated workshop aimed at developing a set of guidelines and a best practice approach to speed up the review of all bylaws moving forward

On 28 June 2019 Council adopted administrative changes to the Speed Limits Bylaw that went out for consultation in May 2019.

 

Staff are submitting a paper to the August Council meeting recommending that, for the first tranche of consultation on speed limit changes, the following roads and areas will be consulted on first:

 

·    Waimate North Road;

·    Springbank School (Waimate North Road); Oromahoe School (Oromahoe School Road);

·    Wiroa Road west of State Highway 10, including the intersection with the Airport; and

·    Te Rangi Aniwaniwa (Quarry Road Kaitaia).

 

The Audit Finance and Risk Committee adopted a new Risk Management Policy at its July 2019 meeting.

 


 

Iwi/ Hapῡ Relationship Agreements

 

The following events occurred across the reporting period that contributed to growing and enhancing Council’s relationships with current and future Memorandum of Understanding (MoU) partners:

 

·    Meetings with the Ngāti Hine MoU steering group and strategic governance group

·    A meeting with Te Kahu o Taonui (Taitokerau Iwi Chairs Forum) to consider a collaborative Regional Housing Initiative

·    Iwi and hapū representatives were invited to Far North 2100 engagement events in June 2019

Council recommended the Ngāti Rehia Provincial Growth Fund application be supported by the Tai Tokerau Northland Economic Action Plan Advisory Group. 

 

Council is represented on the Healthy Families Senior Leaders Group. The contract for delivery has shifted from Te Rūnanga o Te Rarawa to Te Rūnanga O Whaingaroa. The first meeting was held 3 June 2019.

 

The Te Oneroa-a-Tōhē technical steering group has been supporting the Te Oneroa-a-Tōhē Beach Board to undertake public consultation at a number of venues across Te Hiku. These will continue over July and August 2019.

 

Council is supporting the feasibility study for the Far North Water Project, the funding is from a Provincial Growth Fund application by NgaiTakoto. A working party has been developed consisting of Northland Regional Council, Far North District Council, Ministry of Primary Industries, Department of Conservation, NgaiTakoto, Ngati Kuri and local and industry representatives. The first meeting and initial consultant briefing took place 3 June 2019. The next workshop is scheduled for August 2019.

 

The staff have been invited to join a Whenua Maori Programme Interagency Group, set up by Te Puni Kokiri. The first meeting took place on 24 July 2019 and initial focus is on three housing projects with Iwi/hapū in the Far North –Te Hiku, Whangaroa, and South Hokianga.

 


 

Community Wellbeing

 

Community Development

 

Staff and the community have been revising the Kohukohu Community Plan. The plan will be presented at the next Kaikohe-Hokianga Community Board meeting.

 

The Broadwood Community Plan was adopted by the Kaikohe-Hokianga Community Board on 5 June 2019.

 

Community development support was provided for a filming day as part of the Local Elections campaign. Groups from Far North REAP, Kaitaia College and Te Hiku Hauora Youth Space were featured in the filming schedule.

 

The Kai Ora Fund has been nominated for an Economic Development NZ award by Northland Inc.