AGENDA
Infrastructure Network Committee Meeting
Thursday, 19 September 2019
Time: |
10.00 am |
Location: |
Council Chamber Memorial Avenue Kaikohe |
Membership:
Cr Ann Court - Chairperson
Mayor John Carter
Cr Felicity Foy
Cr Dave Hookway
Cr Sally Macauley
Cr John Vujcich
Cr Kelly Stratford
Cr Mate Radich
Member Adele Gardner
Member Terry Greening
Member Mike Edmonds
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 |
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Carter Family Trust |
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Ann Court |
Waipapa Business Association |
Member |
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Warren Pattinson Limited |
Shareholder |
Building company FNDC is a regulator and enforcer |
No FNDC controls |
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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 |
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|
|
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. |
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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. |
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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. |
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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. |
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|
Foy Farms partnership |
Owner and partner in Foy Farms - a farm in three titles on Church Road, Kaingaroa |
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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 |
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|
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King Family Trust |
This trust owns several |
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 |
|
|
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Previous employment at FNDC 2007-16 |
I consider the staff members at FNDC to be my friends |
|
|
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Partner Felicity Foy |
Employed by Justaplumber Taipa |
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|
|
Friends with some FNDC employees |
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Dave Hookway |
Resident shareholder in Kerikeri Irrigation |
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|
Declare if issues arise. |
Shareholder in Farmlands. |
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|
Declare if issues arise. |
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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. |
|
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Paihia, Kerikeri, Kaikohe |
|
|
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Peter Macauley (Husband)
|
Senior Partner |
Palmer Macauley |
|
|
Peter Macualey |
Barristers and Solicitors- Kerikeri, Kaikohe and Manganui |
Legal matters with FNDC |
|
|
Director/Trustee |
|
|
|
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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 |
|
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Private Property |
|
|
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Kerkeri, Paihia - no contents. |
|
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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 |
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. |
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Partner of Adele Gardner |
N/A as Retired |
|
|
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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 |
|
|
|
|
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 |
Infrastructure Network Committee Meeting Agenda |
19 September 2019 |
Infrastructure Network Committee Meeting
will be held in the Council Chamber, Memorial Avenue, Kaikohe on:
Thursday 19 September 2019 at 10.00 am
Order Of Business
1 Apologies and Declarations of Interest
3 Confirmation of Previous Minutes
3.1 Confirmation of Previous Minutes
4 Infrastructure and Asset Management Group
4.1 Inclusion of Te Rangi Cross Road in the Schedule of FNDC maintained Roads
4.2 Far North REAP, Annual Achievement Report - 2018/19 Supplementaty Agenda
4.3 Infrastructure and Asset Management Update - August 2019
Supplementary Agenda
Members need to stand aside from decision-making when a conflict arises between their role as a Member of the Committee 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.
No requests for deputations were received at the time of the Agenda going to print.
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.
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.
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 |
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:
Carried |
5 Deputation continued |
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- Keli Sullivan representing New Zealand Transport Agency, provided a presentation on the Warkworth to Wellsford project. |
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Attachments tabled at meeting 1 Tabled document - Warkworth to Wellsford project update |
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6 Resolution to Exclude the Public continued |
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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. 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:
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
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.
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 23rd 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.
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
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 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 |