Agenda of Extraordinary Council Meeting

Extraordinary Council Meeting Agenda

5 September 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
Hon John Carter QSO	Carter Family Trust
Felicity Foy	Director - Northland Planning & Development	I am the director of a planning and development consultancy that is based in the Far North and have two employees. 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
Partner Felicity Foy	Friends with some FNDC employees
Dave Hookway	Resident shareholder in Kerikeri Irrigation			Declare if issues arise.
	Shareholder in Farmlands.			Declare if issues arise.
	Employee – Northland District Health Board – Public Health Unit – Health Improvement Advisor		Am employee have no personal gain.	Declare employment should issues concerning the Northland DHB arises.
	On property in Waipapa West Rd.		Possible issues relating to the street or zoning.	Declare when appropriate.
Colin Kitchen	No form received
Tania McInnes	Director – GBT Ventures Ltd	Company not currently operational		Will notify Council if company becomes operational.
	Member of Northland Conservation Board		Conservation matters not aligned with Council policy.	Will notify Council should a perceived conflict arise.
	Trustee – Northland Youth Education Trust		No perceived conflicts	Will notify Council should a perceived conflict arise.
	Founder – Bay of Islands Women’s Nexus	No perceived conflicts. An informal organisation
	Own a section on Seaview Road, Paihia 0200
	Having worked within the organisation in the early 2000’s, I know a number of staff, none of which I am close with.
Mate Radich	No form received
Ann Court	Waipapa Business Association	Member
	Warren Pattinson Limited	Shareholder	Building company. FNDC is a regulator and enforcer	No FNDC Controls
	Kerikeri Irrigation	Supplies my water		No EM intervention in disputes
	Top Energy	Supplies my power		No other interest greater than the publics
	District Licensing	N/A	N/A	N/A
	Top Energy Consumer Trust	Trustee	crossover in regulatory functions, consenting economic development and contracts such as street lighting.	Declare interest and abstain from voting.
	Ann Court Trust	Private	Private	N/A
	Waipapa Rotary	Honorary member	Potential community funding submitter	Declare interest and abstain from voting.
	Properties on Onekura Road, Waipapa	Owner Shareholder	Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)	Declare interest and abstain from voting.
	Property on Daroux Dr, Waipapa	Financial interest
	Flowers (I get flowers occasionally)	Ratepayer 'Thankyou'	Bias/ Pre-determination?	Declare to Governance
	Coffee and food	Ratepayers sometimes 'shout' food and beverage	Bias or pre-determination	Case by case
	Consider all staff my friends	N/A	Suggestion of not being impartial or pre-determined!	Be professional, due diligence, weigh the evidence. Be thorough, thoughtful, considered impartial and balanced. Be fair.
		My husband is a builder and may do work for Council staff
Warren Pattinson (Husband)	Warren Pattinson Limited	Director	Building Company. FNDC is a regulator	Remain at arm’s length
	Air NZ	Shareholder	None	None
	Warren Pattinson Limited	Builder	FNDC is the consent authority, regulator and enforcer.	Apply arm’s length rules
	Kurbside Rod and Custom Club (unlikely)	President NZ Hot Rod Association	Potential to be linked to a funding applicant and my wife is on the decision making committee.	unlikely to materialise but would absent myself from any process as would Ann.
	Property on Onekura Road, Waipapa	Owner	any proposed FNDC capital work in the vicinity or rural plan change. Maybe a link to policy development.	Would not submit. Rest on a case by case basis.
	Worked with or for Mike Colebrook and Kelvin Goode	Paid employment	N/A	N/A
Sally Macauley	Chairman	Northland District Health Board	Matters pertaining to health issues re Fluoride and freshwater as an example.	Declare a perceived conflict.
	Chairman	Oranga Tamaraki - Ministry of Vulnerable Children- Northland Community Response Forum	Matters pertaining to this ministry	Declare a perceived conflict.
	Judicial Justice of the Peace	Visitations to Ngawha Prison	Matters pertaining to Judicial Issues re Ngawha Prison	Declare a perceived Interest
	The Turner Centre	FNDC Representative	Observer, acknowledging FNDC financial contribution.	Note FNDC partnership
	Trustee	Kaikohe Education Trust	Providing students laptops - possible request for written support to funders	Declare a conflict
	Executive member	Kaikohe Business Association	Matters pertaining to request for written support to funders.
	Chairman	Bay of Islands Arts Festival Trust	Issues pertaining to the application of support funds	Declare a conflict of interests
	Trustee	Bay of Islands Radio Marine	Issues pertaining to the application of support funds	Declare a conflict of interets
	Secretary/Trustee	Kerkeri International Piano Competition	Issues pertaining to the application of support funds	Declare a conflict of interests
	Trustee/Director	Kaikohe Community and Youth Trust	Possible application of support funding	Declare a conflict of interests
	Commercial	Palmer Macauley Offices- Kerikeri and Kaikohe	Infrastructural matters with FNDC	Declare a conflict
	Private property of which there would not be any conflict.
	Paihia, Kerikeri, Kaikohe
Peter Macauley (Husband)	Senior Partner	Palmer Macauley
	Peter Macualey	Barristers and Solicitors- Kerikeri, Kaikohe and Mangonui	Legal matters with FNDC
	Director/Trustee
	St John NZ Priory Chapter	St John Priory Chapter	Legal matters with FNDC	Declare a conflict
	Senior Partner	Peter Macauley- Palmer Macauley Barristers and Solicitors Kaikohe, Kerikeri AND Mangonui	Legal matters with FNDC	Declare a conflict
	St John NZ	Priory Trust Board	Writing of policies and legal matters as an example	Note Interests
	Lions Club of Kaikohe	Director	Legal matters etc	Note Interests
	Kaikohe Rugby Club	Patron	Legal Matters
	Viking Rugby Club, Whangarei	Life Member	Legal Matters
	Private Property
	Kerkeri, Paihia - no contents.
John Vujcich	Board Member	Ngati Hine Health Trust	Matters pertaining to property or decisions that may impact of their health services	Declare interest and abstain
	Board Member	Pioneer Village	Matters relating to funding and assets	Declare interest and abstain
	Director	Waitukupata Forest Ltd	Potential for council activity to directly affect its assets	Declare interest and abstain
	Director	Rural Service Solutions Ltd	Matters where council regulatory function impact of company services	Declare interest and abstain
	Director	Kaikohe (Rau Marama) Community Trust	Potential funder	Declare interest and abstain
	Partner	MJ & EMJ Vujcich	Matters where council regulatory function impacts on partnership owned assets	Declare interest and abstain
	Member	Kaikohe Rotary Club	Potential funder, or impact on Rotary projects	Declare interest and abstain
	Member	New Zealand Institute of Directors	Potential provider of training to Council	Declare a Conflict of Interest
	Member	Institute of IT Professionals	Unlikely, but possible provider of services to Council	Declare a Conflict of Interest
	Member	Kaikohe Business Association	Possible funding provider	Declare a Conflict of Interest
Mike Edmonds	Chair	Kaikohe Mechanical and Historic Trust	Council Funding	Decide at the time
Mike Edmonds	Committee member	Kaikohe Rugby Football and Sports Club	Council Funding	Withdraw and abstain
Adele Gardner	N/A - FNDC Honorarium
	The Far North 20/20 , ICT Trust	Trustee
	Te Ahu Charitable Trust	Trustee
	ST Johns Kaitaia Branch	Trustee/ Committee Member
	I know many FNDC staff members as I was an FNDC staff member from 1994-2008.
Partner of Adele Gardner	N/A as Retired
Terry Greening	Greening Family Trust	Beneficiary		Highly unlikely to interface with FNDC
	Bay of Islands Walking Weekend Trust		Potential of seeking funds	Step aside from any requests or decisions regarding requests
	Russell 2000 Trust (Chairman)			Trust is about to wind up.
	Russell Centennial Trust (Chairman)	Manages Russell Museum	Seeks funds from council	Step aside from any requests or decisions regarding requests
	Residence at Kaha Place, Russell	Nil	Nil	N/A
Terry Greening (Wife)	Greening Family Trust	Beneficiary	N/A	N/A
Terry Greening (Wife)	Residence at Kaha Place, Russell
Cr Kelly Stratford	Office manager at Kinghans.
	Denture assistant at Kawakawa denture Services self-employed as book keeper Kelly@ksbookkeeoing.net	None	None
	KS Bookkeeping and Administration	Business owner, bookkeeping and development of environment management plans for clients.	None perceived	I’d step aside from decisions that arise, that may have conflicts.
	Kinghans Accounting	Office Administration	None perceived	I’d step aside from decisions that arise, that may have conflicts.
	Waikare Marae Trustees	Trustee	May be perceived conflicts	Case by case basis
	Kawakawa Business & Community Association	Committee member/newsletter editor and printer	None perceived	If there was a perceived conflict, I will step aside from decision making
	Bay of Islands College	Parent elected trustee	None perceived	If there was a perceived conflict, I will step aside from decision making
	Karetu School Bay Cosmos Soccer	Parent elected trustee. Committee member and coach	None perceived	If there was a perceived conflict, I will step aside from decision making
	Property in Waikare and Moerewa			If there was a perceived conflict, I will step aside from decision making
	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

Extraordinary Council Meeting Agenda

5 September 2019

5 Strategic Planning and Policy Group

5.1 Control of Earthworks Bylaw 2019 Deliberations

File Number: A2630417

Author: Roger Ackers, Manager - Strategy Development

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

Purpose of the Report

The purpose of this report is to provide information to enable Council to deliberate on submissions received during the public consultation period for the Control of Earthworks Bylaw 2019.

Executive Summary

· The Far North District Council’s proposed Control of Earthworks Bylaw 2019 was adopted on 27 June 2019 for public consultation. Consultation opened 8 July 2019 and closed on 9 August 2019

· One submission was received from a submitter who did not wish to be heard

· It is now for Council to consider the submission received to determine whether the recommended changes to the draft bylaw will meet the purpose of the bylaw. These deliberations will inform the final Control of Earthworks Bylaw that will be submitted to the 3 October Council meeting for adoption.

Recommendation

That Council agree to make the following changes to the Control of Earthworks Bylaw 2019 prior to the adoption:

a) Modify section 7.1 to read as follows;

7.1 Where a Resource Consent for earthworks and/or filling is not required under the Far North District Plan, then no person shall carry out or cause to be carried out, any excavation, cellar construction of filling until the Council’s approval has been obtained and a permit has been issued for earthworks:

(b) that is beyond 3 metres of any boundary or water body, in any zone, except Mineral zone and Rural Production zone, and:

i. exceeds 500mm in depth, over an area that exceeds 50m²; or

ii. exceeds 50m³

1) Background

The operative District Plan currently covers earthworks which could be considered major. Improved provisions for the control of earthworks are planned for inclusion in the proposed District Plan. In the interim Administration consider it necessary to retain the current earthworks controls in the form of a bylaw to ensure the safety of the public, their properties and the district’s environment.

At the June 27, 2019 meeting, Administration recommended that a new bylaw for the Control of Earthworks be made. A new bylaw is necessary as the Control of Earthworks Bylaw 2009 review was not completed by 28 February 2018.

The proposed new Bylaw that was consulted on was essentially the same as the Control of Earthworks Bylaw 2009; however it included the following changes:

• The definition of “commercial zone” was deleted as it is not used in the new bylaw

• Earthworks and fill related to retaining walls and swimming pools were generally excluded as these works are more minor in nature and in most cases do not warrant an application for a permit

• The guiding document for erosion and sediment control was amended to the GDO5 (Auckland Council’s Erosion and Sediment Control Guide for Land Disturbing Activities) as this has replaced the TP90 (Auckland Regional Council Technical Publication)

• Clause 7.1(b) (i) previously stated that an earthworks permit was required if the work “exceeds 500mm in depth, over a significant portion of an area which is less than 100m2. To remove confusion over the meaning of “significant portion”, the wording was refined to work that “exceeds 500mm in depth, over an area of 50m2”

• Clause 7(d) was amended to more clearly reference Part 3 of the District Plan, so as to aid understanding and interpretation

• The application form was removed from the Bylaw schedule, as this is an administrative matter and will be considered as part of implementation

• Footpaths and vehicle crossings were added to the provisions relating to damage to roads or public property for the purposes of clarification

• Clause 10.4, which relates to visual amenity of completed works, was re-worded for the purposes of clarity.

A new clause (clause 12) was proposed as follows:

• “The Council may, in its absolute discretion, exempt an owner or occupier from a requirement to obtain a permit under clause 7.1, provided that an application for an exemption is made in writing and accompanied by the payment of any required application and processing fees in accordance with Council’s Fees and Charges Schedule. No exemption will be valid unless it is given to the applicant by the Council in writing.”

The intent of this new clause was to address situations where the proposed work may technically fall within the requirement for a permit but be minor in effect. With this new clause Administration will have discretion to exempt the owner or occupier from the need to apply for a permit (with the associated requirement to provide drawings and reports as set out in clause 7.2).

Section 156 of the LGA sets out consultation requirements when making, amending, or revoking bylaws made under this Act. Consultation opened 8 July 2019 and closed on 9 August 2019. One submission was received. Based on the submission Administration undertook further consultation with its in-house subject matter experts to understand the impact of the submission.

2) Discussion and Options

The table below summarises submissions and provides Administration’s recommendations for each submission. Administration will be at the deliberations meeting to provide further clarity or advice if the Elected Council requests it.

Proposed bylaw content subject to submission	Summary of submitters comments	Administration’s recommendation
Proposed exemption Clause 12	The submitter comments on the concept of the exemption, which must be applied and paid for. The comment questions whether the exemption will actually reduce compliance (or operations) costs, in that there is still a requirement for an application fee and processing costs; this not achieve the objective of reducing costs.	The current charge for an earthworks permit is $460. Administration proposes that the fee will be based on the actual cost of processing the submission for an exemption. There is a requirement to modify the fees and charges schedule if the draft bylaw is adopted. This will need to be considered as part of the implementation of the bylaw. However, there is no requirement to modify the draft Control of Earthworks Bylaw 2019 based on the substance of this submission point.
Permissible excavation depth (Clause 7.1 (b)(i))	The submitter requests that clause 7.1 (b) (i) be amended to allow excavation depth of up to 600mm without triggering the bylaw. The submitter explains that most standard pile foundations for residential buildings in clay soil require embedment of 600mm, and that in these instances the bylaw has been triggered. This is considered an unnecessary outcome as the difference between 500mm and 600mm excavation does not present environmental effects that are comparably different.	In the definitions contained in the draft Control of Earthworks Bylaw 2019 Excavation means the digging out of materials from the ground, but does not include:…(f) excavation for building foundations and stripping of topsoil to for a building footprint; Therefore, under the draft Control of Earthworks Bylaw 2019, a permit is not required for the excavation of pile foundations as these are excavations for building foundations. There is no requirement to modify the draft Control of Earthworks Bylaw 2019 based on the substance of this submission point.
Resource or building consents and earthworks permit	The submitter requests that earthworks permits be not required for any earthworks that relate to work that is associated with a Building Consent or Resource Consent application. The submitter explains that this will streamline the process and allow the development engineer to complete the internal checklist while they are processing other aspects of the consent anyway. FNDC already don't require an earthworks permit where a Resource Consent is required, but only where there is a breach of the District Plan earthworks standards. This rule needs to be expanded.	An earthworks permit is required where any excavation or filling exceeds the thresholds as per clause 7 in the bylaw. The requirement for an earthworks permit is currently triggered during the processing of building consent and resource consents among other processes that Council is responsible for. Administration will continue to require an earthworks permit where Administration has identified one is required. There is no requirement to modify the draft Control of Earthworks Bylaw 2019 based on the substance of this submission point.

Administration, as part of assessing the draft bylaw and submissions, identified an issue with the interpretation and application of section 7. The table below summarises Administrations concerns regarding this section and provides a recommendation on how to correct the identified issue. Administration will be at the deliberations meeting to provide further clarity or advice on this issue if the Elected Council requests it.

Proposed bylaw content subject of the issue raised by Administration	Summary issue raised	Administration’s recommendation to correct the issues
Section 7.1 (b) Where a Resource Consent for earthworks and/or filling is not required under the Far North District Plan, then no person shall carry out or cause to be carried out, any excavation, cellar construction of filling until the Council’s approval has been obtained and a permit has been issued for work:…(b) that is beyond 3 metres of any boundary or water body, in any zone, except Mineral zone and Rural Production zone, and that exceeds: i. 500mm in depth, over an area of 50 m²; or ii. 100 m²; or iii. 50 m³;	The following issues have been identified; Applying these rules would mean a permit is not required for any excavation, cellar construction or filling that is over 500mm in depth and over an area from 50 m2 but less than 100m2. This is not the intent of the bylaw and opens up the application of the bylaw permitting provisions to wide interpretations by customers and Administration. It is not self evident on how the need to permit earthworks or filling beyond 100m2 in area contributes to achieving the purpose of this bylaw.	Administration recommends the following change to section 7.1 of the draft Control of Earthworks Bylaw 2019 be made; Where a Resource Consent for earthworks and/or filling is not required under the Far North District Plan, then no person shall carry out or cause to be carried out, any excavation, cellar construction of filling until the Council’s approval has been obtained and a permit has been issued for earthworks:…(b) that is beyond 3 metres of any boundary or water body, in any zone, except Mineral zone and Rural Production zone, and i. exceeds 500mm in depth, over an area that exceeds 50m²; or ii. exceeds 50m³

Proposed bylaw content subject of the issue raised by Administration

Summary issue raised

Administration’s recommendation to correct the issues

Section 7.1 (b)

Where a Resource Consent for earthworks and/or filling is not required under the Far North District Plan, then no person shall carry out or cause to be carried out, any excavation, cellar construction of filling until the Council’s approval has been obtained and a permit has been issued for work:…(b) that is beyond 3 metres of any boundary or water body, in any zone, except Mineral zone and Rural Production zone, and that exceeds:

i. 500mm in depth, over an area of 50 m²; or

ii. 100 m²; or

iii. 50 m³;

The following issues have been identified;

Applying these rules would mean a permit is not required for any excavation, cellar construction or filling that is over 500mm in depth and over an area from 50 m2 but less than 100m2. This is not the intent of the bylaw and opens up the application of the bylaw permitting provisions to wide interpretations by customers and Administration.

It is not self evident on how the need to permit earthworks or filling beyond 100m2 in area contributes to achieving the purpose of this bylaw.

Administration recommends the following change to section 7.1 of the draft Control of Earthworks Bylaw 2019 be made;

Where a Resource Consent for earthworks and/or filling is not required under the Far North District Plan, then no person shall carry out or cause to be carried out, any excavation, cellar construction of filling until the Council’s approval has been obtained and a permit has been issued for earthworks:…(b) that is beyond 3 metres of any boundary or water body, in any zone, except Mineral zone and Rural Production zone, and

i. exceeds 500mm in depth, over an area that exceeds 50m²; or

ii. exceeds 50m³

Reason for the recommendation

Administration has identified a need to include stricter provisions in the District Plan to control earthworks beyond what is in the current operative District Plan. In the interim between now and the adoption of new District Plan there is a need to continue to control earthworks activity beyond what is currently controlled via resource consenting.

The draft Control of Earthworks Bylaw 2019 that went out for consultation drew one submission that raised three submission points. The submission points raised will require Administration to consider operational changes that will be addressed via the implementation of the bylaw post adoption. However, in the opinion of Administration, none of the submission points warrant a change to the draft Earthworks Bylaw 2019 that Council adopted for consultation at the 27 June Council meeting.

Administration identified an issue with the application of the permitting provisions under section 7.1 and has recommended that these be modified so as to rectify any misinterpretation of the rules when it comes to customers needing to apply for an Earthworks permit and Administration assessing permit applications.

3) Financial Implications and Budgetary Provision

There are no financial implications that will result from the adoption of the recommendation in this report.

Attachments

1. Submissions on the draft Control of Earthworks Bylaw 2019 - A2632352 ⇩

2. Draft Control of Earthworks Bylaw 2019 - A2632439 ⇩

3. Draft Control of Earthworks Bylaw 2019 - marked up - A2632466 ⇩

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 content of this report and the adoption of the recommendation in this report do not exceed any of the thresholds currently contained 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.	Local Government Act 2002 Resource Management Act 1991
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 recommendation in this report has district wide 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.	The recommendation in this report has implications for Māori in that the adopted Earthworks Bylaw will apply to Manawhenau.
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 draft Earthworks Bylaw was subject to the consultation requirements as specified in the Local Government Act. The draft bylaw was publicly notified and consultation ran for over a month. Submitters where provided with the opportunity to be heard on their submission.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications that will result from the adoption of the recommendation on this report.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report