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 |
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Carter Family Trust |
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Deputy Mayor Ann Court |
Waipapa Business Association |
Member |
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Case by case |
Warren Pattinson Limited |
Shareholder |
Building company. FNDC is a regulator and enforcer |
Case by case |
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Kerikeri Irrigation |
Supplies my water |
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No |
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Top Energy |
Supplies my power |
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No other interest greater than the publics |
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District Licensing |
N/A |
N/A |
N/A |
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Top Energy Consumer Trust |
Trustee |
Crossover in regulatory functions, consenting economic development and contracts such as street lighting. |
Declare interest and abstain from voting. |
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Ann Court Trust |
Private |
Private |
N/A |
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Waipapa Rotary |
Honorary member |
Potential community funding submitter |
Declare interest and abstain from voting. |
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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. |
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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. |
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Flowers and gifts |
Ratepayer 'Thankyou' |
Bias/ Pre-determination? |
Declare to Governance |
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Coffee and food |
Ratepayers sometimes 'shout' food and beverage |
Bias or pre-determination |
Case by case |
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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. |
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Warren Patteinson |
My husband is a builder and may do work for Council staff |
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Case by case |
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Ann Court - Partner |
Warren Pattinson Limited |
Director |
Building Company. FNDC is a regulator |
Remain at arm’s length |
Air NZ |
Shareholder |
None |
None |
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Warren Pattinson Limited |
Builder |
FNDC is the consent authority, regulator and enforcer. |
Apply arm’s length rules |
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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. |
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David Clendon |
Chairperson – He Waka Eke Noa Charitable Trust |
None |
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Declare if any issue arises |
Member of Vision Kerikeri |
None |
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Declare if any issue arrises |
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Joint owner of family home in Kerikeri |
Hall Road, Kerikeri |
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David Clendon – Partner |
Resident Shareholder on Kerikeri Irrigation |
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David Collard |
Snapper Bonanza 2011 Limited |
45% Shareholder and Director |
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Trustee of Te Ahu Charitable Trust |
Council delegate to this board |
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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 |
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I will abstain from any debate and voting on proposed plan change items for the Far North District Plan. |
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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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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. |
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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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Felicity Foy - Partner |
Employed by Justaplumber Taipa |
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Friends with some FNDC employees |
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Mate Radich |
No form received |
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Rachel Smith |
Friends of Rolands Wood Charitable Trust |
Trustee |
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Mid North Family Support |
Trustee |
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Bay of Islands Amateur Swimming Club |
Committee Member |
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Property Owner |
Kerikeri |
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Friends who work at Far North District Council |
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Kerikeri Cruising Club |
Subscription Member |
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Rachel Smith (Partner) |
Property Owner |
Kerikeri |
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Friends who work at Far North District Council |
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Kerikeri Cruising Club |
Subscription Member |
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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 |
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Bay of Islands College |
Parent Elected Trustee |
None perceived |
If there was a conflict, I will step aside from decision making |
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Karetu School |
Parent Elected Trustee |
None perceived |
If there was a conflict, I will step aside from decision making |
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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 |
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Sister is employed by Far North District Council |
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Wil not discuss work/governance mattes that are confidential |
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Gifts - food and beverages |
Residents and ratepayers may ‘shout’ food and beverage |
Perceived bias or predetermination |
Case by case basis |
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Kelly Stratford - Partner |
Chef and Barista |
Opua Store |
None perceived |
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Maori title land – Moerewa |
Shareholder |
None perceived |
If there was a conflict of interest I would step aside from decision making |
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Moko Tepania |
Teacher at Te Kura Kaupapa Māori o Kaikohe. |
Potential Council funding that will benefit my place of employment. |
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Declare a perceived conflict |
Chairperson at Te Reo o Te Tai Tokerau Trust. |
Potential Council funding for events that this trust runs. |
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Declare a perceived conflict |
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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. |
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Declare a perceived conflict |
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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. |
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Declare a perceived conflict |
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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. |
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Declare a perceived conflict |
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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. |
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Declare a perceived conflict |
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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 |
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Director |
Rural Service Solutions Ltd |
Matters where council regulatory function impact of company services |
Declare interest and abstain |
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Director |
Kaikohe (Rau Marama) Community Trust |
Potential funder |
Declare interest and abstain |
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Partner |
MJ & EMJ Vujcich |
Matters where council regulatory function impacts on partnership owned assets |
Declare interest and abstain |
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Member |
Kaikohe Rotary Club |
Potential funder, or impact on Rotary projects |
Declare interest and abstain |
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Member |
New Zealand Institute of Directors |
Potential provider of training to Council |
Declare a Conflict of Interest |
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Member |
Institute of IT Professionals |
Unlikely, but possible provider of services to Council |
Declare a Conflict of Interest |
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Member |
Kaikohe Business Association |
Possible funding provider |
Declare a Conflict of Interest |
Extraordinary Council Meeting Agenda |
10 March 2020 |
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
2 Apologies and Declarations of Interest
5.1 Adoption of Annual Plan 2020/21 Consultation Document
6.1 Te Pū O Te Wheke Cost Implications and Options
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.
No requests for deputations were received at the time of the Agenda going to print.
10 March 2020 |
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.
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.
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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.
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. |
10 March 2020 |
RESOLUTION TO EXCLUDE THE PUBLIC
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:
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