Te Kaunihera o Tai Tokerau ki e Raki

 

 

AGENDA

 

Extraordinary Council Meeting

 

Tuesday, 10 March 2020

Time:

1:00 pm

Location:

Council Chamber

Memorial Avenue

Kaikohe

 

 

Membership:

Mayor John Carter - Chairperson

Cr Ann Court

Cr David Clendon

Cr Dave Collard

Cr Felicity Foy

Cr Mate Radich

Cr Rachel Smith

Cr Kelly Stratford

Cr Moko Tepania

Cr John Vujcich

 

 


Extraordinary Council Meeting Agenda

10 March 2020

 

COUNCIL MEMBERS REGISTER OF INTERESTS

Name

Responsibility (i.e. Chairperson etc)

Declaration of Interests

Nature of Potential Interest

Member's Proposed Management Plan

Hon Mayor John Carter QSO

Board Member of the Local Government Protection Programme

Board Member of the Local Government Protection Program

 

 

Carter Family Trust

 

 

 

Deputy Mayor Ann Court

Waipapa Business Association

Member

 

Case by case

Warren Pattinson Limited

Shareholder

Building company. FNDC is a regulator and enforcer

Case by case

Kerikeri Irrigation

Supplies my water

 

No

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

Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)

Declare interest and abstain from voting.

Flowers and gifts

Ratepayer 'Thankyou'

Bias/ Pre-determination?

Declare to Governance

Coffee and food

Ratepayers sometimes 'shout' food and beverage

Bias or pre-determination

Case by case

Staff

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.

Warren Patteinson

My husband is a builder and may do work for Council staff

 

Case by case

Ann Court - Partner

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

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.

David Clendon

Chairperson – He Waka Eke Noa Charitable Trust

None

 

Declare if any issue arises

Member of Vision Kerikeri

None

 

Declare if any issue arrises

Joint owner of family home in Kerikeri

Hall Road, Kerikeri

 

 

David Clendon – Partner

Resident Shareholder on Kerikeri Irrigation

 

 

 

David Collard

Snapper Bonanza 2011 Limited

45% Shareholder and Director

 

 

Trustee of Te Ahu Charitable Trust

Council delegate to this board

 

 

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.

 

Previous employment at FNDC 2007-16

I consider the staff members at FNDC to be my friends

 

 

Felicity Foy - Partner

Employed by Justaplumber Taipa

 

 

 

Friends with some FNDC employees

 

 

 

Mate Radich

No form received

 

 

 

Rachel Smith

Friends of Rolands Wood Charitable Trust

Trustee

 

 

Mid North Family Support

Trustee

 

 

Bay of Islands Amateur Swimming Club

Committee Member

 

 

Property Owner

Kerikeri

 

 

Friends who work at Far North District Council

 

 

 

Kerikeri Cruising Club

Subscription Member

 

 

Rachel Smith (Partner)

Property Owner

Kerikeri

 

 

Friends who work at Far North District Council

 

 

 

Kerikeri Cruising Club

Subscription Member

 

 

Kelly Stratford

KS Bookkeeping and Administration

Business Owner, provides book keeping, administration and development of environmenta management plans

None perceived

Step aside from decisions that arise, that may have conflicts

Waikare Marae Trustees

Trustee

Maybe perceived conflicts

Case by case basis

Bay of Islands College

Parent Elected Trustee

None perceived

If there was a conflict, I will step aside from decision making

Karetu School

Parent Elected Trustee

None perceived

If there was a conflict, I will step aside from decision making

Maori title land – Moerewa and Waikare

Beneficiary and husband is a shareholder

None perceived

If there was a conflict, I will step aside from decision making

Sister is employed by Far North District Council

 

 

Wil not discuss work/governance mattes that are confidential

Gifts - food and beverages

Residents and ratepayers may ‘shout’ food and beverage

Perceived bias or predetermination

Case by case basis

Kelly Stratford - Partner

Chef and Barista

Opua Store

None perceived

 

Maori title land – Moerewa

Shareholder

None perceived

If there was a conflict of interest I would step aside from decision making

Moko Tepania

Teacher at Te Kura Kaupapa Māori o Kaikohe.

Potential Council funding that will benefit my place of employment.

 

Declare a perceived conflict

Chairperson at Te Reo o Te Tai Tokerau Trust.

Potential Council funding for events that this trust runs.

 

Declare a perceived conflict

Tribal Member – Te Rūnanga o Te Rarawa

As a descendent of Te Rarawa I could have a perceived conflict of interest in Te Rarawa Council relations.

 

Declare a perceived conflict

Tribal Member - Te Rūnanga o Whaingaroa

As a descendent of Te Rūnanga o Whaingaroa I could have a perceived conflict of interest in Te Rūnanga o Whaingaroa Council relations.

 

Declare a perceived conflict

Tribal Member – Kahukuraariki Trust Board

As a descendent of Kahukuraariki Trust Board I could have a perceived conflict of interest in Kahukuraariki Trust Board Council relations.

 

Declare a perceived conflict

Tribal Member – Te Rūnanga ā-Iwi o Ngāpuhi

As a descendent of Te Rūnanga ā-Iwi o Ngāpuhi I could have a perceived conflict of interest in Te Rūnanga ā-Iwi o Ngāpuhi Council relations.

 

Declare a perceived conflict

John Vujcich

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

 

 

 


Extraordinary Council Meeting Agenda

10 March 2020

 

Far North District Council

Extraordinary Council Meeting

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

Tuesday 10 March 2020 at 1:00 pm

Order Of Business

1         Prayer 11

2         Apologies and Declarations of Interest 11

3         Deputation. 11

4         Mayoral Announcements. 11

5         Reports. 12

5.1            Adoption of Annual Plan 2020/21 Consultation Document 12

6         Public Excluded. 23

6.1            Te Pū O Te Wheke Cost Implications and Options. 23

7         Meeting Close. 24

 

 


1          Prayer

2          Apologies and Declarations of Interest

Members need to stand aside from decision-making when a conflict arises between their role as a Member of the Council and any private or other external interest they might have. This note is provided as a reminder to Members to review the matters on the agenda and assess and identify where they may have a pecuniary or other conflict of interest, or where there may be a perception of a conflict of interest.

If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the meeting or of the relevant item of business and refrain from participating in the discussion or voting on that item. If a Member thinks they may have a conflict of interest, they can seek advice from the Chief Executive Officer or the Team Leader Democracy Support (preferably before the meeting).

It is noted that while members can seek advice the final decision as to whether a conflict exists rests with the member.

3          Deputation

No requests for deputations were received at the time of the Agenda going to print.

4          MAYORAL ANNOUNCEMENTS  

 

 

 


Extraordinary Council Meeting Agenda

10 March 2020

 

5          Reports

5.1         Adoption of Annual Plan 2020/21 Consultation Document

File Number:           A2845879

Author:                    Sheryl Gavin, Manager Corporate Planning and Community Development

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

 

Purpose of the Report

To adopt the consultation document (CD) for the 2020/21 Annual Plan.

Executive Summary

·     The Local Government Act 2002 (the LGA) requires Council to develop an Annual Plan for years two and three of the Long-Term Plan (LTP). Staff and Councillors have been working to draft a plan for year three (2020/21).

·     While no significant or material changes to year three of the LTP are being considered, a new accounting policy that relates to how Council will “fund” depreciation is being proposed. This requires consultation.

·     Since a CD must be developed, the opportunity will be taken to gather feedback on a couple of non-significant (but important) items and provide an update on the current drought and water shortage.

 

Recommendation

That Council:

a)      adopts the Annual Plan 2020/21 Consultation Document for consultation pursuant to sections 82, 95 and 95A of the Local Government Act 2002.

b)      delegates to the Chief Executive Officer the authority to make any necessary minor formatting, typographical and administrative changes to the Consultation Document prior to formal public consultation.

 

 

1) Background

All councils are required by legislation to prepare and adopt an Annual Plan for each financial year. While consultation on an Annual Plan is only required where there are significant or material changes to the Long-Term Plan (in this case year three of the 2018-28 Long Term Plan), Council could choose to proceed if they feel a topic borders on significant.

For 2020/21 Council proposes a new accounting policy that affects the method for depreciating some classes of Council assets. The policy, should it be implemented, will free up approximately $2m of rates funding that could be used to accelerate the asset condition assessment programme.

Because consultation will proceed, staff and Councillors felt it appropriate to use the opportunity to update the community on the water shortage/drought situation and gather feedback on a proposal to disestablish library overdue fines for children and young adult borrowers.

Consultation is scheduled to run from 16 February to 17 March. Communications tools will include social media, email, a public notice and media release. Iwi and other Maori partners will be notified directly. If submitters wish to speak to their submissions there will be opportunities to do so in Kaikohe, Kerikeri and Kaitaia on 28, 29 and 30 April. If hearings are not required these dates will be amended or cancelled.

Council will discuss each of the proposals in the context of feedback received at a deliberations meeting scheduled for 12 May. Adoption of the final Annual Plan for 2020/21 is currently scheduled for take place at an extraordinary Council meeting on 25 June 2020.

2) Discussion and Options

The CD (attachment 1) contains the following:

1.    A message from the current Council

2.    An update on water supply

3.    A proposal to introduce a new accounting policy that enables Council to cease rating for depreciation on certain asset classes

4.    A proposal to disestablish library overdue fines for children and young adult borrowers.

Option 1: Adopt the CD and proceed to consultation. This captures valuable feedback on important topics and provides an opportunity to give communities an update on the current water storage and drought situation.

Option 2: Do not adopt the CD. Without an adopted CD any consultation carried out subsequently will not occur in accordance with the requirements of the LGA.

Reason for the recommendation

Council must adopt an Annual Plan prior to 30 June 2020. The adoption of the CD is the first step in that process once Council has determined whether it must or would like to engage with its communities. The adoption of a CD is a requirement of the LGA.

3) Financial Implications and Budgetary Provision

The preparation of the Annual Plan including consultation and engagement is business as usual and budgeted for in the LTP.

Attachments

1.      Annual Plan 2020-21 Consultation Document - A2858061  


 

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 Consultation Document does not contain any items that have been assessed as significant under the 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.

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.

District-wide relevance. Community Board chairs participate in all Annual Plan workshops to ensure the Community Board’s views are presented.

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.

No specific implications for Maori have been identified.

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.

No implications have been identified for any particular demographic in the District.

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

No financial implications outside of existing operating budgets.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Extraordinary Council Meeting Agenda

10 March 2020

 

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Extraordinary Council Meeting Agenda

10 March 2020

 

6          Public Excluded  

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendation

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

6.1 - Te Pū O Te Wheke Cost Implications and Options

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

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

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

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

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

 

 

 

 

 

 


Extraordinary Council Meeting Agenda

10 March 2020

 

7          Meeting Close