Agenda of Infrastructure Network Committee Meeting

Infrastructure Network Committee Meeting Agenda

19 September 2019

INFRASTRUCTURE NETWORK COMMITTEE 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
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 lightning.	Declare interest and abstain from voting.
	Ann Court Trust	Private	Private	N/A
	Waipapa Rotary	Honorary member	Potentially 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	Power of attorney and beneficiary
	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 materialize but would absent myself from any process as would Ann.
	Properties 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.
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 and 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.
Sally Macauley	Chairman	Northland Northland District Health Board	Matters pertaining to health issues re Fluroide 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 interests
	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 Manganui	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 Mounganui	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
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	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
Adele Gardner	N/A - FNDC Honararian
	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
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

Infrastructure Network Committee Meeting Agenda

19 September 2019

3 Confirmation of Previous Minutes

3.1 Confirmation of Previous Minutes

File Number: A2646372

Author: Kim Hammond, Meetings Administrator

Authoriser: Aisha Huriwai, Team Leader Governance Support

Purpose of the Report

The minutes of the previous Infrastructure Network Committee meeting are attached to allow the Committee to confirm that the minutes are a true and correct record.

Recommendation

That the Infrastructure Network Committee confirm that the minutes of the meeting held 18 July 2019 are 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 meeting 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 meeting.

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. 2019-07-18 - Unconfirmed Infrastructure Network Committee Minutes - A2569901 ⇩

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 on 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 the 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.

Infrastructure Network Committee Meeting Agenda

19 September 2019

MINUTES OF Far North District Council
Infrastructure Network Committee Meeting
HELD AT THE Council Chamber, Memorial Avenue, Kaikohe
ON Thursday, 18 July 2019 AT 10.03 am

PRESENT: Cr Ann Court, Mayor John Carter (HWTM), Cr Felicity Foy, Cr Dave Hookway, Cr Sally Macauley, Cr John Vujcich, Cr Kelly Stratford, Member Adele Gardner, Member Terry Greening, Member Mike Edmonds

IN ATTENDANCE: Calvin Thomas (Northland Transportation Alliance Manager)

STAFF PRESENT: Shaun Clarke (Chief Executive Officer), Andy Finch (General Manager – Infrastructure and Asset Management), William J Taylor MBE (General Manager – Corporate Services), Dean Myburgh (General Manager – District Services), Darren Edwards (General Manager – Environmental, Community and Customer Services), Janice Smith (Chief Financial Officer), Richard Edmondson (Manager – Communications), Sheryl Gavin (Manager Corporate Planning and Community Development), Glenn Rainham (Manager – Infrastructure Operations), Franz Wagner (Project Manager – Transport and Roading), Jaco Cronje (Project Manager – Footpaths and Cycleways), Trevor Green (Senior Roading Engineer), Kim Hammond (Meetings Administrator)

Councillor Court opened the meeting with the Council prayer.

1 Apologies and Declarations of Interest

Nil

2 Deputation

- Kevin Hoskin and Barbara Ware representing New Zealand Transport Agency, provided a presentation on the Waipapa roundabout upgrade.

Attachments tabled at meeting

1 Tabled document - Presentation Waipapa Roundabout update

The meeting was adjourned from 10.26 am to 10.28 am

3 MOTION

Committee Resolution 2019/18

Moved: Cr Ann Court

Seconded: Mayor John Carter

That the Infrastructure Network Committee move items 5.3 – Tourism Infrastructure Fund Applications August 2019 and 5.4 – Riverview School Road – Parking and Access Options Riverview School Road to the Public Excluded agenda for consideration.

Carried

4 Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Committee Resolution 2019/19

Moved: Cr Felicity Foy

Seconded: Cr Dave Hookway

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

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

General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Ground(s) under section 48 for the passing of this resolution
7.5 - Tourism Infrastructure Fund	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
7.6 - Riverview School	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

5 Deputation continued

- Keli Sullivan representing New Zealand Transport Agency, provided a presentation on the Warkworth to Wellsford project.

Attachments tabled at meeting

1 Tabled document - Warkworth to Wellsford project update

6 Resolution to Exclude the Public continued

Committee Resolution 2019/20

Moved: Cr Ann Court

Seconded: Cr Kelly Stratford

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

General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Ground(s) under section 48 for the passing of this resolution
7.4 - Options and Recommendation to build Animal Shelters at Ngawha and Kaitaia	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
7.1 - Confirmation of Previous Minutes	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
7.2 - Health Impacts with Particulate Matter from Unsealed Roads	s7(2)(j) - the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
7.3 - Prioritisation based districtwide Seal Extension Programme 2019/2020	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

7 Confirmation of Information and Decisions in Open Meeting

Committee Resolution 2019/23

Moved: Cr Dave Hookway

Seconded: Cr Felicity Foy

That the Infrastructure Network Committee confirms:

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

7.1 Tourism Infrastructure Fund Applications August 2019 – costs and amounts redacted

7.2 Riverview School Road – Parking and Access Options – costs and amounts redacted

7.3 Options and Recommendation to build Animal Shelters at Ngawha and Kaitaia – costs and amounts redacted

7.2 Health Impacts with Particulate Matter from Unsealed Roads

7.3 Prioritisation based Districtwide Seal Extension Programme 2019/2020 - report only.

b) the following decisions contained in the part of the meeting held with the public excluded be restated in public meeting:

7.1 Tourism Infrastructure Fund Applications August 2019

That the Infrastructure Network Committee

a) Receives the report “Tourism Infrastructure Fund Applications August 2019.

b) Requests the Chief Executive put in place a process for consideration of future projects to be considered for future funding opportunities.

c) Request that staff attend a future Community Board meeting to consult with Community Board members future projects to be considered for future funding opportunities.

7.2 Riverview School Road - Parking and Access Options

That the Infrastructure Network Committee approves a central raised median along the centreline of the road near the drop off bay of Riverview School.

7.3 Options and Recommendation to build Animal Shelters at Ngawha and Kaitaia

That the Infrastructure Network Committee request this report be presented to the Council meeting for a decision and further information be provided.

7.5 Health Impacts with Particulate Matter from Unsealed Roads

That the Infrastructure Network Committee receive the report Health Impacts with Particulate Matter from Unsealed Roads.

7.6 Prioritisation based districtwide Seal Extension Programme 2019/2020

That the Infrastructure Network Committee receives the report Prioritisation based districtwide Seal Extension Programme 2019/2020.

Carried

Attachments tabled at meeting

1 INC 18 July 2019_Tourism Infrastructure Fund Applications August 2019_Reinstated in public

2 INC 18 July 2019_Riverview School Road - Parking and Access Options_Reinstated in public

3 INC 18 July 2019_Health Impacts with Particulate Matter from Unsealed Roads _ Restated in public

4 INC 18 July 2019_Options and Recommendation to Build Animal Shelters at Ngawha and Kaitaia_Reinstated in public

5 INC 18 July 2019_Prioritisation Based Districtwide Seal extension Programme 2019-2020_Restated in public

8 Notice of Motion

8.1 Notice of Motion - Discontinuation of the Opononi Refuse Transfer Station

Agenda item 3.1 document number A2550781, pages 11 - 12 refers

Committee Resolution 2019/21

Moved: Cr Sally Macauley

Seconded: Cr John Vujcich

That the Infrastructure Network Committee

a) revokes its previous resolution made at the Infrastructure Network Committee meeting on 23 May 2019 “that the Infrastructure Network Committee approves the discontinuation of the green waste trail at the Opononi Refuse Transfer Station”.

b) approves the continuation of the Opononi Refuse Transfer Station.

Carried

9 Confirmation of Previous Minutes

9.1 Confirmation of Previous Minutes

Agenda item 4.1 document number A2541195, pages 15 - 16 refers

Committee Resolution 2019/22

Moved: Cr Ann Court

Seconded: Cr John Vujcich

That the Infrastructure Network Committee confirm that the minutes of the meeting held 23 May 2019 are a true and correct record.

Carried

10 Infrastructure and Asset Management Group

10.1 Footpath Policy as it relates to Paihia CBD

Agenda item 5.1 document number A2525160, pages 24 - 26 refers

Committee Resolution 2019/23

Moved: Cr Ann Court

Seconded: Cr Kelly Stratford

That the Infrastructure Network Committee receives this information report.

Carried

11 Strategic Planning and Policy Group

11.1 Rate Funding for Kaikohe Memorial Hall

Agenda item 6.1 document number A2547561, pages 31 - 33 refers

Committee Resolution 2019/24

Moved: Member Mike Edmonds

Seconded: Cr Ann Court

That the Infrastructure Network Committee supports the Kaikohe-Hokianga Community Board’s request for Council to agree that the Kaikohe Memorial Hall be classified as a facility of district significance such that it complies with existing policies for funding from the general rate.

Carried

12 Infrastructure and Asset Management Group continued

12.1 Infrastructure and Asset Management Update - June 2019

Agenda item S.1 document number A2485725, pages 4 - 4 refers

Committee Resolution 2019/25

Moved: Cr Kelly Stratford

Seconded: Cr Felicity Foy

That the Infrastructure Network Committee receive the report Infrastructure and Asset Management Update - June 2019.

Carried

13 Meeting Close

The meeting closed at 2.04 pm.

The minutes of this meeting will be confirmed at the Infrastructure Network Committee Meeting to be held on 19 September 2019.

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

CHAIRPERSON

Infrastructure Network Committee Meeting Agenda

19 September 2019

4 Infrastructure and Asset Management Group

4.1 Inclusion of Te Rangi Cross Road in the Schedule of FNDC maintained Roads

File Number: A2618797

Author: Elbie Serfontein, Customer Service Administrator

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

Purpose of the Report

To provide requested additional information to the Infrastructure Network Committee to allow a determination on the inclusion of Te Rangi Cross Road, Paihia in the schedule of FNDC-maintained roads.

Executive Summary

· Te Rangi Cross Road was constructed as part of the development of the Bridgewater Apartments complex in the early 2000’s. It is not currently maintained by Council and residents would like it included in Council’s schedule of maintained roads. The full background, issues and options were presented to the Infrastructure Network Committee (the Committee) in May 2019. The recommendation was for Council to include Te Rangi Cross Road in the schedule of maintained roads.

· The Committee considered the report and resolved to let it “…lie on the table…” pending further information and provision of a legal opinion.

· Legal advice confirms the findings of the initial staff report; i.e. that whilst there is nothing that requires Council to maintain this or any road, nevertheless the case to do so is compelling.

· The legal opinion notes:

o FNDC is not required as a matter of law to maintain Te Rangi Cross Road;

o FNDC is required to apply its policies consistently;

o Te Rangi Cross Road does not meet the current version of Policy #4103;

o Te Rangi Cross Road did meet the previous version of Policy #4103, that existed at the time the road was upgraded; and therefore

o FNDC should add Te Rangi Cross Road to its road maintenance schedule.”

· In addition, the legal opinion makes the following comments in support of the main points noted above:

o “We say at the outset that we cannot find fault with the conclusions recommended in the staff report. The recommendation is practical and reasonable. We also believe that ‘option 2’ is suitable – ie: the road should be added to the schedule.

o Our opinion is that while Council has no statutory obligation to maintain Te Rangi Cross road, and although the road does not fit within the current framework of policy #4103, it should nevertheless be maintained as at the time of its approved upgrade it did meet the previous requirements of policy #4103 as it then was.”

· With the requested additional information including the legal opinion attached, this report is provided to enable the Committee to revert to the tabled report from the May meeting and make a decision.

Recommendation

That the Infrastructure Network Committee approves that Te Rangi Cross Road be included in the schedule of FNDC-maintained roads.

1) Background

Te Rangi Cross Road was constructed in the early 2000’s as part of the development of the Bridgewater Apartment complex. Complaints about lack of maintenance led to an internal investigation during 2018/19.

As part of the investigation, staff carried out comprehensive research that is documented in report A2418687 which was presented to the Committee at the meeting of 23^rd May 2019. That report recommends that Te Rangi Cross Road be included in Council’s schedule of maintained roads. [Report A2418687 is attached for reference.]

The Committee considered the report and resolved to let it “…lie on the table…” requesting staff to provide the following further information:

1. Copy of the resource consent for the development of Bridgewater Apartments that included the formation of Te Rangi Cross Road.

2. Copy of the land title as referenced in a letter from Barry Brill, Solicitor that was referred to in report A2418687.

3. Legal opinion

2) Discussion and Options

Available options are unchanged from those presented in report A2418687. The purpose of this report is to present the further information requested by the Committee; and where relevant provide commentary on that information.

Resource Consent and Land Title

The resource consent and land title are provided as requested. These were reviewed during the preparation of the original report and as such require no further commentary here.

Legal Opinion

FNDC in-house Counsel briefed Mr Graham Day of Law North Lawyers to provide a legal opinion on the matter. The executive summary of key points is noted below along with pertinent comments from the body of the opinion. This should be read with reference to report A2418687.

In summary:

§ FNDC is not required as a matter of law to maintain Te Rangi Cross Road;

§ FNDC is required to apply its policies consistently;

§ Te Rangi Cross Road does not meet the current version of Policy #4103;

§ Te Rangi Cross Road did meet the previous version of Policy #4103, that existed at the time the road was upgraded; and therefore

§ FNDC should add Te Rangi Cross Road to its road maintenance schedule.”

With reference to the first bullet point, the legal opinion goes on to confirm that FNDC is not required as a matter of law to maintain any road; i.e. this is not a circumstance unique to Te Rangi Cross Road.

The legal opinion makes the following comments in support of the main points noted above:

“…We say at the outset that we cannot find fault with the conclusions recommended in the staff report. The recommendation is practical and reasonable. We also believe that ‘option 2’ is suitable – the road should be added to the schedule.

Our opinion is that while Council has no statutory obligation to maintain Te Rangi Cross road, and although the road does not fit within the current framework of policy #4103, it should nevertheless be maintained as at the time of its approved upgrade it did meet the previous requirements of policy #4103 as it then was…”

The legal opinion goes on to provide supporting commentary for the conclusions reached.

Reason for the recommendation

The legal opinion supports the conclusions and recommendation of report A2418687 and as such all the information required to make a final determination is available to the Committee.

3) Financial Implications and Budgetary Provision

There are no financial implications from this report. Report A2418687 contains information on costs associated with the recommendation to include Te Rangi Cross Road in the schedule of maintained roads.

Attachments

1. 2019-05-23 Infrastructure Network Committee Report 4.1 Report Copy - A2653843 ⇩

2. Te Rangi Cross Rd - Land Title - A2618634 ⇩

3. Te Rangi Cross Rd - Resource Consent - A2618639 ⇩

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

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 matter has ‘low significance’ in the context of the policy. It is a localised matter directly affecting a small number of residents and a greater number of visitors/tourists
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Council policies in order of relevance are: 4103 – Limits of Council responsibility for formation / maintenance of roads 4105 – Private Roads and Right of Ways 4112 – Community Initiated Infrastructure – Roading Contribution Policy It is noted that all of the above policies are designated as ‘under review’.
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 roading network…” is a specific exclusion to the delegations to community boards. Specific community board views on this issue have not been 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.	The decision is of low significance (see above), does not relate to land use, water use, or any change to land or water use. The decision relates solely to funding of maintenance to an existing asset. Specific advice has not been sought regarding implications 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.	The principal affected parties are residents of Te Rangi Cross Road. Those persons have initiated the process that has led to this report. Discussions were been held with the initiator prior to presenting the initial report to ensure her position is understood and fairly conveyed.
State the financial implications and where budgetary provisions have been made to support this decision.	Sporadic maintenance activity on the road and ‘renewal’ activity over the life of the asset. Refer to financial implications section of the report. Any financial implications would be incorporated into overall roading budgets.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report