Te Kaunihera o Tai Tokerau ki te Raki

 

 

AGENDA

 

Ordinary Council Meeting

 

Thursday, 7 May 2020

Time:

10:00 am

Location:

Held Eletronically

Via Microsoft Teams

 

 

Membership:

Mayor John Carter - Chairperson

Deputy Mayor 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

 

 


Ordinary Council Meeting Agenda

7 May 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 Pattinson

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 Seaview Road – Cable Bay, and Allen Bell Drive - Kaitaia.

 

 

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 on Church Road, Kaingaroa

 

 

Foy Farms Rentals

Owner and rental manager of Foy Farms Rentals for 7 dwellings on Church Road, Kaingaroa and 2 dwellings on Allen Bell Drive, Kaitaia, and 1 property on North Road, Kaitaia, one title contains a cell phone tower.

 

 

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

 

 

Shareholder of Coastline Plumbing NZ Limited

 

 

 

Felicity Foy - Partner

Director of Coastline Plumbing NZ Limited

 

 

 

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 environmental 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

Māori 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

 

 

Will 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

 

Māori title land – Moerewa

Shareholder

None perceived

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

Moko Tepania

Teacher

Te Kura Kaupapa Māori o Kaikohe.

Potential Council funding that will benefit my place of employment.

Declare a perceived conflict

Chairperson

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

 

 

 


Ordinary Council Meeting Agenda

7 May 2020

 

Far North District Council

Ordinary Council Meeting

will be held in the Held Eletronically, Via Microsoft Teams on:

Thursday 7 May 2020 at 10:00 am

Order Of Business

1          Karakia Timatanga – Opening Prayer. 11

2          Apologies and Declarations of Interest 11

3          Deputation. 11

4          Mayoral Announcements. 11

5          Confirmation of Previous Minutes. 12

5.1            Confirmation of Previous Minutes. 12

6          Reports. 23

6.1            Terms of Reference for Portfolios. 23

6.2            Terms of Reference for the Infrastructure Committee - Adjustment of the Financial Delegation for Tenders and Contracts. 30

6.3            Amendment to Local Government Financing Agency documentation. 36

6.4            Ground Lease of 28 Matai Bay Road, Karikari to Fire & Emergency NZ. 542

6.5            Emerging Risk - Fresh Water Resilience. 551

6.6            Far North District Council Climate Change Road Map. 565

7          Public Excluded. 589

7.1            Confirmation of Previous Minutes - Public Excluded. 589

7.2            Panguru Flood Mitigation Road Rising - Additional Budget Request 589

7.3            Progress Update on Northland Water Storage and Use Project Report 589

8          Karakia Whakamutunga – Closing Prayer. 591

9          Meeting Close. 591

 

 


1            karakia timatanga – opening 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  


Ordinary Council Meeting Agenda

7 May 2020

 

5            Confirmation of Previous Minutes

5.1         Confirmation of Previous Minutes

File Number:           A2878315

Author:                    Kim Hammond, Meetings Administrator

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

Purpose of the Report

The minutes are attached to allow Council to confirm that the minutes are a true and correct record of previous meetings.

 

Recommendation

That Council confirms the minutes of the Council meeting held 23 April 2020 as a true and correct record subject to the decision regarding item 6.2 - Draft Far North Holdings Limited Statement of Intent 2020 to 2023 being reworded as follows:

That Council direct the Chief Executive to provide the following feedback to Far North Holdings Limited prior to 30 April 2020, for their 2020-2023 Statement of Intent:

i.    The accounting policies need to advise that additional disclosures are required to meet the needs of the Shareholder’s reporting requirements.

ii.   The reference to a ‘Statement of Expectations’ be removed from the Statement of Intent as the Shareholder has not yet made any decisions in relation to the new sections of the Local Government Act 2002.

iii.  The Board membership section of the Statement of Intent identifies which members will be retiring, when, and that all appointments will be in line with Council policy.

iv.  That Far North Holdings Limited provide quarterly financial and risk reports to the Assurance, Risk and Finance Committee.

 

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 meetings 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.

The resolution regarding the Far North Holdings Statement of Intent is recorded poorly as:

“That Council:

a)      review the comments from staff as identified and approve that:

i.        the accounting policies needs to advise that additional disclosures are required to meet the needs of the Shareholders reporting requirements;

ii.       the reference to a Statement of Expectations be removed from the Statement of Intent as the Shareholder has not yet taken any decisions in relation to the new sections of the Local Government Act 2002;

iii.      the Board membership section of the Statement of Intent identifies which members will be retiring when and that all appointments will be in line with Council policy.

b)      advise Far North Holdings Limited of any amendments that are suggested by the shareholder, that are not covered in the report; and

c)     that all amendments be notified, through the Chief Executive, to the Board of Far North Holdings Limited prior to 30 April 2020.

And that Far North Holdings Limited begin quarterly financial and risk reporting to the Assurance, Risk and Finance Committee.”

This report recommends that the wording be amended to capture the intent of the discussion as follows:

That Council direct the Chief Executive to provide the following feedback to Far North Holdings Limited prior to 30 April 2020, for their 2020-2023 Statement of Intent:

i.    The accounting policies need to advise that additional disclosures are required to meet the needs of the Shareholder’s reporting requirements.

ii.   The reference to a ‘Statement of Expectations’ be removed from the Statement of Intent as the Shareholder has not yet made any decisions in relation to the new sections of the Local Government Act 2002.

iii.   The Board membership section of the Statement of Intent identifies which members will be retiring, when, and that all appointments will be in line with Council policy.

iv.  That Far North Holdings Limited provide quarterly financial and risk reports to the Assurance, Risk and Finance Committee.

Reason for the recommendation

The reason for the recommendation is to confirm the minutes are a true and correct record of the previous meetings.

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.       2020-04-23 Council Unconfirmed Minutes - A2877568  


 

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 for 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 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.

 


Ordinary Council Meeting Agenda

7 May 2020

 

   MINUTES OF Far North District Council
ordinary Council Meeting
HELD AT THE Held Eletronically, Via Microsoft Teams
ON Thursday, 23 April 2020 AT 10.00 am

 

PRESENT:                   Mayor John Carter (HWTM), Deputy Mayor 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

IN ATTENDANCE:      Mike Edmonds (Kaikohe-Hokianga Community Board Chairperson), Adele Gardner (Te Hiku Community Board Chairperson), Belinda Ward (Bay of Islands-Whangaroa Community Board)

STAFF PRESENT:      Shaun Clarke (Chief Executive Officer), Andy Finch (General Manager Infrastructure and Asset Management), Dean Myburgh (General Manager District Services), William J Taylor, MBE (General Manager Corporate Services), Darrell Sargent (General Manager Strategic Planning and Policy)

1            karakia timatanga – opening Prayer

His Worship the Mayor commenced the meeting and Councillor Clendon read the Council prayer.

2            Apologies and Declarations of Interest

There were no apologies or declarations of interest.

3            Deputation

There were not requests for deputations.

4            MAYORAL ANNOUNCEMENTS   

-     Appointment of Councillor Moko Tepania to Te Maruata Roopu Whakahaere as the young elected member representative.

-     Appointment of Councillor Rachel Smith to the Young Elected Members LGNZ Advisory Committee.

-     Auckland Council has submitted a landfill resource consent and plan change for the Dome Valley.

-     Update on Kaipara Council’s Mayors Taskforce – Economic Support and Recovery.

-     Far North Holdings to be discussed later in the meeting.

-     Totara Industry – proposal to come to Mayoral Forum.

-     Wellington Mayor on media - recycling and refuse issues similar to Far North District Council.

-     Business Community update in light of COVID-19.

-     Drought is still an issue, particularly for our rural sectors.

-     Congratulates those that are providing pastoral care during this time.

-     Encourage everyone to buy-local and make purchases to help rebuild the economy.

-     Read emails from ratepayers thanking the Council for the rates relief that was agreed upon the previous Council meeting.

-     Continuing discussions with central government leaders.

-     The Te Hiku Community Board and Kaitaia RSA have created an ANZAC remembrance video.

 

5            Confirmation of Previous Minutes

5.1         Confirmation of Previous Minutes

Agenda item 5.1 document number A2874170, pages 12 - 13 refers.

Resolution  2020/20

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

That Council confirm the minutes of the Council meeting held 9 April 2020 as a true and correct record.

Carried

6            Reports

6.1         Far North Holdings Limited - Half Year Report

Agenda item 6.1 document number A2860860, pages 18 - 20 refers.

Resolution  2020/21

Moved:       Mayor John Carter

Seconded:  Cr Dave Collard

That Council:

a)      accept the Half Year Report from Far North Holdings Limited:

b)      request that future reports contain the following information;

i)       annual and Year to Date budget,

ii)      commentary on any significant variances, and

iii)     detail of significant income and expenditure, for example fees & charges and salaries to aid the shareholder understanding of the financial position.

In Favour:       Deputy Mayor Ann Court, Crs David Clendon, Dave Collard, Felicity Foy, Kelly Stratford, Rachel Smith, Moko Tepania and John Vujcich, Mate Radich and His Worship the Mayor

Against:           Nil

CARRIED

 

6.2         Draft Far North Holdings Limited Statement of Intent 2020 to 2023

Agenda item 6.2 document number A2859977, pages 27 - 30 refers.

MOTION

Moved:       Mayor John Carter

Seconded:  Cr Mate Radich

That Council:

a)      review the comments from staff as identified and approve that:

i.        the purchase of any business needs to have prior approval of the Shareholder;

ii.       the delivery of strategic objectives must align to Council’s objectives and the four well beings;

iii.      the accounting policies needs to advise that additional disclosures are required to meet the needs of the Shareholders reporting requirements;

iv.      the purchase of shares should require prior approval by the Shareholder;

v.      the reference to a Statement of Expectations be removed from the Statement of Intent as the Shareholder has not yet taken any decisions in relation to the new sections of the Local Government Act 2002;

vi.      the Board membership section of the Statement of Intent identifies which members will be retiring when and that all appointments will be in line with Council policy.

b)      advise Far North Holdings Limited of any amendments that are suggested by the shareholder, that are not covered in the report; and

c)      that all amendments be notified, through the Chief Executive, to the Board of Far North Holdings Limited prior to 30 April 2020.

Amendment

Moved:       Cr John Vujcich

Seconded:  Cr Mate Radich

That the following be struck from the recommendation:

i.        the purchase of any business needs to have prior approval of the Shareholder;

ii.       the delivery of strategic objectives must align to Council’s objectives and the four well beings;

iv.      the purchase of shares should require prior approval by the Shareholder;

And add Council recommend that Far North Holdings Limited begin quarterly financial and risk reporting to the Assurance, Risk and Finance Committee.’

In Favour:      Deputy Mayor Ann Court, Crs Dave Collard, Mate Radich and John Vujcich and His Worship the Mayor.

Against:           Crs David Clendon, Felicity Foy, Rachel Smith, Kelly Stratford and Moko Tepania

The Mayor used his casting vote to carry the motion.

CARRIED

Amendment

Moved:            Cr Felicity Foy

Seconded:      Cr Rachel Smith

That Far North Holdings Limited give recognition to the importance of investment in town centres to encourage economic development and vibrancy of town centres.

In Favour:       Crs David Clendon, Felicity Foy, Rachel Smith, Kelly Stratford and Moko Tepania

Against:           His Worship the Mayor John Carter, Deputy Mayor Ann Court, Dave Collard, Mate Radich and John Vujcich

The Mayor used his casting vote to defeat the motion.

LOST

The amendment became the substantive motion.

Resolution  2020/22

Moved:       Cr John Vujcich

Seconded:  Cr Mate Radich

That Council:

a)      review the comments from staff as identified and approve that:

i.       the accounting policies needs to advise that additional disclosures are required to meet the needs of the Shareholders reporting requirements;

ii.      the reference to a Statement of Expectations be removed from the Statement of Intent as the Shareholder has not yet taken any decisions in relation to the new sections of the Local Government Act 2002;

iii.     the Board membership section of the Statement of Intent identifies which members will be retiring when and that all appointments will be in line with Council policy.

b)      advise Far North Holdings Limited of any amendments that are suggested by the shareholder, that are not covered in the report; and

c)     that all amendments be notified, through the Chief Executive, to the Board of Far North Holdings Limited prior to 30 April 2020.

And that Far North Holdings Limited begin quarterly financial and risk reporting to the Assurance, Risk and Finance Committee.’

In Favour:       Deputy Mayor Ann Court, Crs Dave Collard, Felicity Foy, Mate Radich, John Vujcich and His Worship the Mayor

Against:           Crs David Clendon, Rachel Smith, Kelly Stratford and Moko Tepania

Carried

 

6.3         Te Hiku Sports Hub - Funding

Agenda item 6.3 document number A2866601, pages 43 - 47 refers.

MOTION

Moved:       Mayor John Carter

Seconded:  Cr Kelly Stratford

That Council

a)      approve the release of $3m to Te Hiku Sports Hub Incorporated to allow the construction of the proposed sports hub facility;

b)      approve a public access agreement be developed with Te Hiku Sports Hub Incorporated;

c)      approve the addition of a non-voting observer role as part of the public access agreement.

Amendment

Moved:       Cr Felicity Foy

Seconded:  Cr Dave Collard

That Council:

a)      approve the release of up to $3m as council capital contribution, in principle, subject to Te Hiku Sports Hub Incorporated completing detailed design and associated QS / Value engineering to ensure construction can be delivered within the $9m envelope;

b)      request that if further funding is required above the $9m then it is up to Te Hiku Sports Hub Incorporated to fund it from sources other than through the Far North District Council;

c)      approve a public access agreement be developed with Te Hiku Sports Hub Incorporated; and

d)      approve the addition of a non-voting observer role as part of the public access agreement.

In Favour:       Deputy Mayor Ann Court, Crs David Clendon, Dave Collard, Felicity Foy, Rachel Smith, Kelly Stratford, Moko Tepania, John Vujcich and His Worship the Mayor

Against:           Cr Mate Radich

carried

Amendment

Moved:       Mayor John Carter

Seconded:  Cr Dave Collard

That Council

a)      approve the release of up to $3m as council capital contribution, in principle, subject to Te Hiku Sports Hub Incorporated completing detailed design and associated QS / Value engineering to ensure construction can be delivered within the $9m envelope;

b)      request that if further funding is required above the $9m then it is up to Te Hiku Sports Hub Incorporated to fund it from sources other than through Council;

c)      approve a public access agreement be developed with Te Hiku Sports Hub Incorporated;

d)      approve the addition of a non-voting observer role as part of the public access agreement;

e)      request that Te Hiku Sports Hub Incorporated change their constitution to include the appointment the Chair of the Te Hiku Community Board and a Councillor from the Te Hiku ward to the Te Hiku Sports Hub Committee.

In Favour:       Deputy Mayor Ann Court, Councillors David Clendon, Dave Collard, Felicity Foy, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich and His Worship the Mayor

Against:           Cr Mate Radich

carried

The amendments became the substantive motion.

Resolution  2020/23

Moved:       Mayor John Carter

Seconded:  Cr Dave Collard

That Council:

a)      approve the release of up to $3m as council capital contribution, in principle, subject to Te Hiku Sports Hub Incorporated completing detailed design and associated QS / Value engineering to ensure construction can be delivered within the $9m envelope;

b)      request that if further funding is required above the $9m then it is up to Te Hiku Sports Hub Incorporated to fund it from sources other than through Far North District Council;

c)      approve a public access agreement be developed with Te Hiku Sports Incorporated;

d)      approve the addition of a non-voting observer role as part of the public access agreement; and

e)      request that Te Hiku Sports Hub Incorporated change their constitution to include the appointment the Chair of the Te Hiku Community Board and a Councillor from the Te Hiku ward to the Te Hiku Sports Hub Committee.

In Favour:       Deputy Mayor Ann Court, Crs David Clendon, Dave Collard, Felicity Foy, Rachel Smith, Kelly Stratford, Moko Tepania, John Vujcich and His Worship the Mayor

Against:           Cr Mate Radich

Carried

 

6.4         Kaikohe Water Billing Under COVID-19 Alert Level 4 Shutdown

Agenda item 6.4 document number A2874905, pages 107 - 109 refers.

Resolution  2020/24

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

That Council:

a)      approve not invoicing Kaikohe water customers in May 2020,

b)      approve the issue of one invoice only in November 2020, and

c)      approve staff working with consumers on payment plans to alleviate the impact of only invoicing once in 2020.

In Favour:       Deputy Mayor Ann Court, Crs David Clendon, Dave Collard, Felicity Foy, Mate Radich, Rachel Smith, Kelly Stratford, Moko Tepania, John Vujcich and His Worship the Mayor

Against:           Nil

Carried

 

7            Information Reports

7.1         CEO Report to Council 01 January 2020 - 29 February 2020

Agenda item 7.1 document number A2861349, pages 110 - 110 refers.

Resolution  2020/25

Moved:       Mayor John Carter

Seconded:  Cr Felicity Foy

That the Council receive the report “CEO Report to Council 01 January 2020 - 29 February 2020“.

In Favour:       Deputy Mayor Ann Court, Crs David Clendon, Dave Collard, Felicity Foy, Mate Radich, Rachel Smith, Kelly Stratford, Moko Tepania, John Vujcich and His Worship the Mayor

Against:           Nil

Carried

8            Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2020/26

Moved:       Mayor John Carter

Seconded:  Cr Kelly Stratford

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

a)      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

8.1 - Confirmation of Previous Minutes - Public Excluded

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

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

8.2 - Draft CEO Key Performance Indicators 2020-2021

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

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

8.3 - Projected Variations to Performance Targets

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

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

 

And approves that Dr Stephen Finlay – General Manager Investment, Infrastructure and Governance Group be permitted to remain after the public has been excluded, because of his knowledge will be of assistance in relation to the matters to be discussed. 

In Favour:       His Worship the Mayor, Deputy Mayor Ann Court, Crs David Clendon, Dave Collard, Felicity Foy, Mate Radich, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Nil

Carried

 

At the conclusion of the public excluded discussion the meeting confirmed that the decisions and information discussed, would not be restated in public.

9            Meeting Close

The meeting closed at 3.03 pm.

 

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 7 May 2020.

 

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

CHAIRPERSON

 


Ordinary Council Meeting Agenda

7 May 2020

 

6            Reports

6.1         Terms of Reference for Portfolios

File Number:           A2866360

Author:                    Caroline Wilson, Manager - District Administration

Authoriser:             William J Taylor MBE, General Manager - Corporate Services

  

Purpose of the Report

Adopt the terms of reference for the portfolios established in December.

Executive Summary

·        A new governance structure, including portfolios, was adopted by Council on the 19th December 2019

·        A template terms of reference is attached for adoption to ensure a consistent approach across all Portfolio’s

 

Recommendation

That Council adopt the terms of reference template for the following Portfolios: Te Ao Maori, Climate, Economic Development/CCO, Communications, Transport, Waters.

 

 

1) Background

Council agreed, as part of the 2018 Governance Diagnostics work, to establish portfolios in the new triennium.  A workshop was held with elected members on the 20th November 2019 to discuss the governance structure resulting in a report to Council on the 19th December 2019.  The portfolios and holders that were agreed at that meeting are:

·    Te Ao Maori (Councillor Tepania)

·    Waters (Councillor Stratford)

·    Transport (Deputy Mayor Court)

·    Climate (Councillor Clendon)

·    Economic Development/CCO (Councillor Vujcich)

·    Communications (Councillor Smith)

2) Discussion and Options

The purpose of a portfolio is to take a strategic and policy governance role.  It is appropriate that clear and consistent guidelines as to the objective, purpose and operational support are articulated and agreed.

The attached terms of reference provide this high level guidance. The template has highlighted sections that would vary for each portfolio.  Each portfolio is assigned to a Committee, and the portfolio holder will keep the Committee Chair informed of developments, trends and best practice in the portfolio’s responsibilities.

Reason for the recommendation

To enable effective oversight of portfolio areas of interest for Committees and wider Council. 

3) Financial Implications and Budgetary Provision

There are no financial implications or budgetary considerations as a result of this report.

Attachments

1.       Portfolio Terms of Reference Template (for Council decision) - A2881143  


 

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 report has a low degree of significance

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

The Local Government Act is the relevant legislation regarding provision for committees, of which portfolios are a sub-set.

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.

Community Board views have not been sought as this is a matter for Councillors to discuss how they would like to manage portfolios.

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 specific implications of a committee structure on Māori.  It is envisaged the Te Ao Maori portfolio will create opportunities for increased engagement with iwi and hapu.

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.

There are no particular implications on any group or identified persons.

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

There are no financial implications or need for budgetary provision.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Authorising Body

Mayor/Council through Committee

Status

Portfolio Chair

 

 

 

 

COUNCIL PORTFOLIO

 

 

Title

Eg Communications

Approval Date

xxx

Responsible Officer

Chief Executive

Committee that portfolio reports to

Committee Name

 

Objectives

The Portfolio Group (PG) is a non-decision making body that is designed to inform the Portfolio Holder.  The strength of having bespoke portfolios is that they provide a mechanism for an elected member with a specific interest in a matter of high importance to Council to have a more intimate relationship on the subject matter and, importantly, be able to articulate the collective views of elected members and speak with some authority on the subject matter before Council.  The PG provides a forum for an elected member having portfolio oversight responsibility, along with senior management and selected staff, to better understand the priorities, resourcing and funding of the portfolio activity.  It also provides a forum for a discussion of “hot topics” along with enabling better communication and insight around political and operational imperatives.  The PG Chair maintains an intimate overview of operations, but does not involve themselves in decisions of an operational nature, nor do they hold a decision-making role. 

Purpose

To take a strategic and policy leadership role in their activity. The PG Chair will work in a collaborative manner with other key stakeholders, and council officers, to achieve the portfolio objectives outlined above.

Membership

The membership of the Title PG is:

1.   Councillor Name (Chair)

2.   Relevant General Manager or Manager name & Title

3.   Mayor, Chief Executive Officer and Council officers as deemed appropriate

4.    Relevant general managers and subject matter experts by invitation.

It is anticipated that, at times, guidance or direction may be required from areas of the business such as Finance, Legal, Property or other subject matter experts. 

Frequency of Meetings

The PG Chair and Manager or General Manager name from 2 above to meet on a monthly basis or as priority indicates.

The PG Chair, in discussion with the Manager or General Manager name from 2 above, will invite others as necessary to these meetings.

Meetings will be scheduled in advance to ensure availability of PG members.

Quorum

The essential members of this portfolio are the Portfolio Holder and the Manager or General Manager name from 2 above.

Engagement by teleconference is acceptable.

Agenda

An initial agenda is detailed below.  Items can be added and/or substituted as agreed by the PG.  Minutes are optional.

1.   Apologies

2.   Previous Minutes (optional)

3.   Actions from Previous Minutes

4.   Issues Health & Safety

5.   Portfolio Priorities

6.   Portfolio Updates

7.   Other Business

Where a report is appropriate to the agenda item to be discussed, the report will be circulated ahead of the meeting to enable appropriate time for review and comment.

Chair - Key responsibilities

·    Ensure all meetings of the PG are effective and productive.

·    Ensure that the PG Terms of Reference are applied.

·    Provide political guidance to the PG.

·    Ensure that PG meetings are scheduled, minutes are recorded (optional) and circulated to PG members (this may be delegated to a PG Secretary).

·    The Chair may temporarily delegate elements of this role.

·    Ensure progress is made towards the Council’s strategic priorities and projects within their portfolio responsibility.

·    Play a strategic and policy leadership role in their area of responsibility assisting the Council to meet its strategic objectives.

·    Enhance relationships with key stakeholders.

·    Under the direction of the Mayor, act as the Council’s spokesperson and point of contact for those activities within their portfolio responsibility.

·    Work at a high level with Council officers, within their area of portfolio interest, in conjunction with the assigned general manager.

·    Attend any advisory groups or external appointments as required and ensure an alternate is available if they cannot attend relevant conferences/seminars, meetings, projects and activities.

·    As far as possible, and at the direction of the Mayor, attend Council launches of new activities and projects in their area of responsibility.

·    Ensure Council’s advisory groups have effective input into their portfolio area of responsibility.

·    Meet regularly with the Mayor, Deputy Mayor, Chief Executive, Chairs and senior staff.

·    Keep the Mayor informed of emerging issues.

·    Maintain a “no surprises” approach for elected members and staff.

·    Participate in local consultative arrangements and actively engage in communication in dialogue with any bodies and organisations involved in portfolio issues

·    To ensure the identification of risk in any project the council undertakes within the portfolios area of responsibility

Management Support

In establishing the portfolio, Council management will provide the following support:

·    Access to appropriate technical expertise

·    Regular performance updates

·    Provision of emerging best practice

·    Advise on legislative changes affecting the portfolio

·    Regular meetings

 

Media & Publicity

The PG Chair will, at the direction of the Mayor and in conjunction with FNDC guidelines around publicity, undertake media duties as appropriate

Interface between the Chair of Committee and Portfolio Leader

The PG Chair will keep the Committee Chair informed of developments, trends and best practice in the portfolio’s responsibilities.

The PG Chair will canvas the views of the Mayor and Councillors and share them with the General Manager responsible for supporting the portfolio.

General Manager / Manager (or Chief Executive) supporting the Portfolio

Name & title

Minutes

Actions will be minuted (optional) by a member of staff and circulated to all members of the PG and attendees.  These should be treated as being confidential.

Confidentiality & Code of Conduct

Members of the PG should note that items discussed at PG meetings may be commercially sensitive.  Accordingly, Elected Members should not share the content of discussions or decisions made with any third party outside of Council.  Similarly, Elected Members should be cognisant of material provided without necessary context if shared internally.  Elected Members are to abide by the terms of their Code of Conduct.

Expected term of the Portfolio

7 May 2020 - 2022

 

 


Ordinary Council Meeting Agenda

7 May 2020

 

6.2         Terms of Reference for the Infrastructure Committee - Adjustment of the Financial Delegation for Tenders and Contracts

File Number:           A2859172

Author:                    Caroline Wilson, Manager - District Administration

Authoriser:             William J Taylor MBE, General Manager - Corporate Services

 

Purpose of the Report

Council resolved to increase the Chief Executives’ delegations from $500,000 to $1,000,000 at the meeting held on 26 February 2020.  This in turn has an impact on the financial thresholds of the Infrastructure Committee, whose terms of reference were adopted on 19 December 2019.

Executive Summary

·        Terms of Reference for the Infrastructure Committee were adopted on the 19th December 2019 with financial delegations directly reflecting the Chief Executives delegations at the time.

·        Council resolved to increase the Chief Executives’ financial delegations at their 26 February 2020 meeting.

·        This report seeks to untether the Infrastructure Committee delegations from those of the Chief Executive.

 

Recommendation

That Council adopt the amended Terms of Reference for the Infrastructure Committee to approve tenders and contracts up to $3,000,000.  

 

1) Background

There is a specific delegation to the Committee to approve tenders between $500,001 and $3,000,000, provided they are in accordance with the current year’s plan, whether that be Annual Plan or Long Term Plan and deemed low by the Significance and Engagement Policy.  The amount of $500,001 directly reflected the CE financial delegations at the time, being $500,000.

Council increased the financial delegation to the Chief Executive at its meeting on the 26 February 2020.  This now means that the financial delegations adopted in the terms of reference for the Infrastructure Committee in late December 2019 are no longer aligned.  

There may be times where the Chief Executive would prefer a decision to be taken by the Committee despite the decision being within his financial delegation.  Therefore, the report seeks to remove the lower limit and keep the delegation up to a maximum of $3,000,000 to provide this flexibility.

2) Discussion and Options

Option 1 – amend the delegations

Amend the terms of reference of the Infrastructure Committee to remove the lower limit within the financial delegation to approve tenders and contracts.  This allows for the Chief Executive to refer matters to the Committee within his delegation, should he deem it necessary to do so.  This is the preferred option.

 

Option 2 – status quo

In this option, the terms of reference would remain with the current financial thresholds.  This would be confusing for management and governance, not knowing when to refer to Committee or use the Chief Executives’ delegations.   It would also require the terms of reference to be amended whenever the Chief Executives delegations are altered.

Reason for the recommendation

To remove the lower limit to ensure streamlined decision-making and avoidance of having to keep the Infrastructure Committees’ financial delegations in line with the Chief Executives.  

3) Financial Implications and Budgetary Provision

There are no financial implications as a result of this report.

Attachments

1.       5. Register of Delegations for Infrastructure Committee - for 2019 triennium - A2557388  


 

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

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.

The Local Government Act is the relevant legislation regarding provision for committees and financial delegations.

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.

Community Board views have not been sought as this is a matter for Councillors to determine the delegations for Committees.

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 specific implications of Committee delegations on 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.

There are no particular implications on any group or identified persons.

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

There are no financial implications or need for budgetary provision.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Authorising Body

Mayor/Council

Status

Standing Committee

 

 

 

COUNCIL COMMITTEE

 

 

Title

Infrastructure Committee Terms of Reference

Approval Date

8 April 2020

Responsible Officer

Chief Executive

 

Purpose

The purpose of the Infrastructure Committee (the Committee) is to ensure cost effective, quality and sustainable infrastructure decisions are made to meet the current and future needs of Far North communities and that Councils infrastructure assets are effectively maintained and operated.

 

The Committee will review the effectiveness of the following aspects:

·    Affordable core infrastructure to support healthy and sustainable living;

·    Operational performance including monitoring and reporting on significant infrastructure projects

·    Delivery of quality infrastructure and district facilities

·    Financial spend and reprogramming of capital works

·    Property and other assets

 

To perform his or her role effectively, each Committee member must develop and maintain

his or her skills and knowledge, including an understanding of the Committee’s responsibilities, Councils’ infrastructure assets such as roading, three waters and district facilities.

 

 

Membership

The Council will determine the membership of the Infrastructure Committee. 

 

The Infrastructure Committee will comprise of at least six elected members (one of which will be the chairperson).

.

Mayor Carter

Felicity Foy – Chairperson

Ann Court – Deputy Chairperson

Dave Collard

Kelly Stratford

John Vujcich

Mate Radich

 

Non-appointed councillors may attend meetings with speaking rights, but not voting rights.

 

 

 

Quorum

The quorum at a meeting of the Infrastructure Committee is 5 members. 

 

Frequency of Meetings

The Infrastructure Committee shall meet every 6 weeks, but may be cancelled if there is no business.

Power to Delegate

The Infrastructure Committee may not delegate any of its responsibilities, duties or powers.

 

Committees Responsibilities

The Committees responsibilities are described below:

Quality infrastructure and Facilities 

·    Assess and provide advice to Council on strategic issues relating to the provision of Council’s infrastructural activities and district facilities

·    Review, and recommend to Council, policy and strategies for the delivery of infrastructural asset services

·    Monitor achievement of outcomes included in the Infrastructure Strategy and other infrastructure strategies eg District Transport Strategy

·    Ensure that Council protects its investment in its infrastructural assets in accordance with accepted professional standards

·    Monitor the risks, financial and operational performance of the Council's infrastructural activities and facilities

·    Monitor major contract performance measures/key result areas (KRAs)

 

 

Significant Projects – spend, monitoring and reporting

·    Monitor significant projects

·    Approve budget overspend (above tolerance levels in the CE delegations) and any reprogramming of capex for a project or programme provided that:

The overall budget is met from savings

The overall budget for capex is not exceeded.  Where this is not the case, the Committee must either:

§ Recommend to Council that additional funding is approved (outside the Annual Plan or Long Term Plan process), or

§ Recommend as part of the next round of Long Term Plan or Annual Plan process that the funding is considered for inclusion.

·    Approve tenders and contracts provided they are:

Up to $3 million,

in accordance with the current year’s plan, whether that be Annual Plan or Long Term Plan, and

deemed low by the Significance and Engagement Policy

 

 

 

 

 

 

Compliance

·    Ensure that operational functions comply with legislative requirements and Council policy

·    Ensure that consents associated with Council's infrastructure are being met and renewals are planned for

 

Service levels (non regulatory)

·    Recommend service level changes and new initiatives to the Long Term and Annual Plan processes.

 

 

Relationships

·    Monitoring Council’s relationship with the Northland Transportation Alliance

Receive quarterly performance reports

·    Monitoring Council’s relationship with the Far North Waters Alliance Partner

 

Property

·    Recommend to Council the acquisition or disposal of assets.

·    Approve new leases and lease renewals (of non-reserve land), in accordance with the current years’ plan, whether that be Annual Plan or Long Term Plan.

 

Receive updates on changes to national and regional policies that impact on Council provision of infrastructure and where appropriate make recommendation to Council.

 

 

Rules and Procedures

Council’s Standing Orders and Code of Conduct apply to all the committee’s meetings.

 

 

Annual reporting

The Chair of the Committee will submit a written report to the Chief Executive on an annual basis. The review will summarise the activities of the Committee and how it has contributed to the Council’s governance and strategic objectives. The Chief Executive will place the report on the next available agenda of the governing body.

 

 

 


Ordinary Council Meeting Agenda

7 May 2020

 

6.3         Amendment to Local Government Financing Agency documentation

File Number:           A2877958

Author:                    Janice Smith, Chief Financial Officer

Authoriser:             William J Taylor MBE, General Manager - Corporate Services

 

Purpose of the Report

In November 2018, the shareholders of the LGFA approved changes to the core documents under which all Council’s borrow funds. These changes are now being notified to all guarantor Councils for adoption.

Executive Summary

·        At the Annual General Meeting of the Local Government Funding Agency (LGFA) in November 2018, it was agreed to make amendments to the deed documentation to: -

o   Enable a CCO to borrow directly from the LGFA on the basis of a guarantee from and/or uncalled capital of the parent local authority;

o   Allow a local authority to apply to be tested at group level rather than parent level for compliance with LGFA covenants;

o   Increase the amount of borrower notes that must be issued to a local authority when borrowing; and

o   Make minor technical improvements to the borrowing programme.

 

Recommendation

That Council:

a)      Adopt the amended documents provided by the Local Government Funding Agency; and

b)      Authorise 2 elected members to sign as required.

 

 

 

1) Background

Far North District Council became guarantors of the Local Government Funding Agency (LGFA) in February 2013. This allowed Council to commence borrowing from the LGFA and to take advantage of the reduced borrowing costs that this could provide.

 

At the Annual General Meeting of the LGFA in November 2018, the shareholders agreed to make amendments to the deed documentation to: -

o   Enable a CCO to borrow directly from the LGFA based on a guarantee from and/or uncalled capital of the parent local authority;

o   Allow a local authority to apply to be tested at group level rather than parent level for compliance with LGFA covenants;

o   Increase the amount of borrower notes that must be issued to a local authority when borrowing; and

o   Make minor technical improvements to the borrowing programme.

 

2) Discussion and Options

At the AGM, a paper was submitted that outlined the reasons that the documentation was being amended and provided some questions and responses intended to inform Local Authority bodies. This is attached for information.

Approving the amendments to the documents does not require a local authority to enact any of the changes for their own Council. It does, however, provide some flexibility around lending to CCTO’s and CCO’s should that be beneficial.

The documents that require amendment are:

·    Multi-Issuer Deed;

·    Guarantee and Indemnity; and

·    Notes Subscription Agreement.

 

The amended version of each document is attached along with a “comparison” copy of the original document to enable the changes to be viewed.

Borrow notes are issued by LGFA on every borrowing completed. The current rate is $160k per $10m borrowed. The notes are a “deduction” on the borrowing and are additional equity for LGFA. Council earns interest on the borrow notes for the period they are held. The notes terminate when the borrowing is repaid. The amendment will see the borrow notes increase to $250k per $10m borrowed.

The resolutions to proceed with the amendments were passed by the shareholders at the AGM. As Council is a guarantor and not a shareholder, it does not have the right to vote and now must comply with the changes and approve the revised documentation if it wishes to continue to borrow from the LGFA.

 

Reason for the recommendation

To continue to borrow from the LGFA

3) Financial Implications and Budgetary Provision

There are no specific financial implications arising from this report.

Attachments

1.       Attachment 1. - Local Government Funding Agency AGM paper - A2877986

2.       Attachment 2 - Amendment and Restatement Deed (Multi issuer Deed) - A2877913

3.       Attachment 3 - COMPARISON - Multi-issuer Deed - A2877916

4.       Attachment 4 - Amendment and Restatement Deed (Guarantee and Indemnity) - A2877918

5.       Attachment 5 - COMPARISON - Guarantee and Indemnity - A2877921

6.       Attachment 6 - Amendment and Restatement Deed (Notes Subscription Agreement) - A2877924

7.       Attachment 7 - COMPARISON - Notes Subscription Agreement - A2877926  


 

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

Low

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

CCTO requirements in the 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.

N/A

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.

N/A

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.

N/A

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

None

Chief Financial Officer review.

The Chief Financial Officer prepared this report

 

 


Ordinary Council Meeting Agenda

7 May 2020

 

Local Government Funding Agency – extracts from the paper to the AGM – November 2018


Ordinary Council Meeting Agenda

7 May 2020

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Ordinary Council Meeting Agenda

7 May 2020

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Ordinary Council Meeting Agenda

7 May 2020

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Ordinary Council Meeting Agenda

7 May 2020

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Ordinary Council Meeting Agenda

7 May 2020

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Ordinary Council Meeting Agenda

7 May 2020

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


Ordinary Council Meeting Agenda

7 May 2020

 

6.4         Ground Lease of 28 Matai Bay Road, Karikari to Fire & Emergency NZ

File Number:           A2863216

Author:                    Rob Koops, Property Services

Authoriser:             William J Taylor MBE, General Manager - Corporate Services

 

Purpose of the Report

To initiate the public consultation process on the granting a new 33 year ground lease to Fire & Emergency New Zealand (FENZ) for the land at 28 Matai Bay Road, Karikari and to classify the land subject to the lease as Local Purpose (community buildings) and to appoint the Te Hiku Community Board to hear submissions and make a recommendation to Council.

Executive Summary

·        FENZ wish to replace the existing rural fire depot at 28 Matai Bay Road, Karikari with a modern fire and emergency response centre.

·        FENZ require long term tenure on the land to justify the investment.

·        FENZ will own the new fire and emergency response centre.

·        There will be no cost to FNDC for the construction or ongoing maintenance.

·        A 33 ground year lease subject to the Reserves Act 1977 at nominal rent is proposed.

·        The parcels of land involved will be classified appropriately.

·        The Te Hiku Community Board considered this report at their meeting on 10 March 2020 and make the following recommendation to Council.

 

Recommendation

That Council:

a)      Approve the public consultation process is commenced on the granting of a new 33-year ground lease to Fire & Emergency NZ on 2,467.5 square meters of land at 28 Matai Bay Road, Karikari being part Lot 103 DP 54644, being 1.0390ha and part Record of Title NA4C/203 and vested in Far North District Council as a recreation reserve.

b)      approve the public consultation includes submissions on the classification of the 2,467.5 square meters of land subject to the lease as Local Purpose (community building) reserve and the balance as Recreation Reserve under the Reserves Act 1997.

c)      approve the Te Hiku Community Board is appointed to hear any submissions received in response to the consultation process and to make recommendations to the Council in respect of granting the lease and the reserve classification.

 

1) Background

Fire and Emergency New Zealand have a Licence to Use a number of former rural fire depots around the District owned by FNDC. The licence is about to expire in April 2021. FENZ is reviewing the suitability of individual rural fire depots and are implementing upgrades as required. The Licence to Use includes all the 1.0390ha of land and the building at 28 Matai Bay Road, Karikari.

The existing rural fire depot at Matai Bay Road (essentially a double garage) is not fit for purpose in terms of size, functionality, staff facilities, etc. FENZ wish to remove the existing building and replace it with a substantial and modern fire and emergency response centre (Attachment 1). In order to make this investment FENZ requires security of tenure on the underlying land.

It is proposed that the licence to use for the Matai Bay Road station is replaced with a ground lease of 33 years on the 2,467.5 square meters of land required for the building, carparks, etc. and that FENZ takes full responsibility for the demolition of the existing rural fire depot and the construction and future repair, maintenance and renewal of the new fire and emergency response centre.

It is further proposed that the 2,467.5 square meters of land required for the building, carparks, etc. is classified Local Purpose (community building) reserve and the balance of the 1.0390ha of land classified as Recreation Reserve under the Reserves Act 1997.

Lot 103 DP 54644 is vested in Council as an unclassified Recreation Reserve. The Act requires Council as the local authority to classify vested reserves according to their primary purpose. The classification process allows for part of the reserve to be classified for one purpose and the other part of the same reserve for another purpose. Prior to classifying the local authority is to undertake public notice, giving full consideration to all submissions. 

The Act provides for the administering body of a reserve to lease all or part of a reserve for an appropriate purpose.  Public consultation, giving full consideration to all submissions, is to be undertaken prior to the granting of a lease.   The Act allows for a lease term not exceeding 33 years.

2) Discussion and Options

FENZ have identified the Matai Road station as the ideal location for a modern fire and emergency response centre to service the Karikari Peninsula and adjoining areas adequately for the foreseeable future. FENZ will fully fund the new construction and request that FNDC make available the land at nominal rent for a minimum of 33 years.

Option 1:

Enter into a ground lease for 33 years and transfer ownership of the existing improvements to Fire & Emergency NZ for $1.00 and write off the book value against retained earnings.

Classify the 2,467.5 square meters of land required for the building, carparks, etc. Local Purpose (community building) reserve under the Reserves Act 1997 and classify the balance of the land as Recreation reserve.

Option 2:

Retain the status quo.

Reason for the recommendation

Entering into a ground lease for 33 years would give FENZ the security of tenure it needs to make this substantial investment on the Karikari Pensinsula.

Retaining the status quo means that responding adequately to fire and emergency events in the Karikari Peninsula area becomes increasingly challenging, especially as weather and fire events become more extreme due to the effects of global warming.

3) Financial Implications and Budgetary Provision

Currently FNDC does not charge rent for the use of land or building. Under the existing Licence to Use FNDC is responsible for repairs and renewals.

A nominal rent for the land of $1.00 per annum is proposed. There will be no cost to Council for construction or repair and maintenance fire and emergency response centre.

The current “book value” of the improvements is $58,450.58. It is proposed that the improvements will be disposed of and the value written off to retained earnings. This is an accounting entry only and has no financial impact on rates.

 

Attachments

1.       FENZ Karikari Rural Station Concept - A2877783  


 

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

Low.

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

The Reserves Act 1977 allows for Council to classify and lease reserves vested in the Council.

FNDC Reserves Policy.

The Policy supports a long term lease being offered to community groups wanting a permanent base, requiring significant financial investment.

 

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.

Delegation to the relevant Community Board enables them to hear submissions and make a recommendation to Council.

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.

Local iwi Ngati Kahu has been approached by FENZ and their submission will form part of the deliberations prior to a recommendation to Council being made.

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.

Public consultation will determine this and submissions will form part of the deliberations prior to a recommendation to Council being made.

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

A nominal rent for the land of $1.00 per annum is proposed.

Existing improvements with a book value of $58,450.58 will be written off.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 



Ordinary Council Meeting Agenda

7 May 2020

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


Ordinary Council Meeting Agenda

7 May 2020

 

6.5         Emerging Risk - Fresh Water Resilience

File Number:           A2857068

Author:                    Tanya Reid, Manager - Transformation, Risk and Audit (Acting)

Authoriser:             William J Taylor MBE, General Manager - Corporate Services

 

Purpose of the Report

That the Assurance, Risk and Finance Committee approves the addition of the “Fresh Water Resilience” risk onto the Organisational Top Risks Dashboard.

Executive Summary

·        Fresh Water Resilience has been identified as an emerging risk for inclusion on the Organisational Top Risks Dashboard

·        Addition of this emerging risk on the Organisational Top Risks Dashboard will enable governance focus

 

Recommendation

That Council approves the addition of the “Fresh Water Resilience” risk onto the Organisational Top Risks Dashboard.

 

1) Background

The Organisational Top Risks Dashboard was adopted by Council in May 2019. Good risk management practice includes the identification of emerging risks, and, based on impact and likelihood analysis, as appropriate these are escalated to the Assurance, Risk and Finance Committee for addition on the Organisational Top Risks Dashboard. 

In accordance with our Risk Management Policy adopted by Council August 2019, the “Fresh Water Resilience” risk has been identified as such an emerging risk. This risk was scored and prioritised using the FNDC IDEATE methodology which assessed this risk against the defined risk categories and risk tolerances. The outcome of this analysis is to recommend the addition of this risk to the Organisational Top Risks Dashboard.

2) Discussion and Options

The Risk Management Policy requires the reporting of:

·    emerging, changing and decreasing risks of potential impact to the achievement of Council objectives; and 

·    to escalate in a timely manner any risk management issues or concerns when they arise.

 

The “Fresh Water Resilience” risk has been analysed as an organisational and strategic risk. A total score of 35 or greater is considered high-risk. The Fresh Water Resilience risk score totalled 35. By risk category the impact and likelihood scores are:

 

1.   Finance category, 9: Impact is high (≥ 0.3% rates increase); likelihood is will happen (the risk is likely to occur and there is frequent exposure to this risk)

2.   FNDC Customer category, 9: Impact is high (potential loss of essential service and cost to customer); likelihood is will happen (the risk is likely to occur and there is frequent exposure to this risk)

3.   Reputational category, 7: Impact is medium (loss of national trust and confidence, 1-2 years to re-establish); likelihood is will happen (the risk is likely to occur and there is frequent exposure to this risk)

4.   Compliance / Legal, 3: Impact is medium (we are challenged and found to be non-compliant with fines or penalties <$500,000); Likelihood is unlikely (there is a low exposure to this risk)

5.   Health & safety, 7: Impact is high (public health outcome); Likelihood is probable (risk will possibly occur)

 

The full Organisational Risk Impact and Likelihood Statements are provided in attachment 1.

The current drought crisis illustrates the fragility of the district’s freshwater resilience as documented in attachment 2 The Drought Issue Register.

 

Risk statement from IAMs Group Risk Register:

 

Group

Risk level

Inherent Risk Score

Risk description

Because of

There is a chance that…

leading to…

Infrastructure and Asset Management

Organisational

35

Strategic

Lack of freshwater resilience - long-term trends in rain fall coupled with changing and increasing consumer demands

Current freshwater supply systems will continue to not meet demand both now and into the future

Critical impact on our communities i.e. lengthy water restrictions; no/interrupted supply; costly economic consequences (affordability); extensive Health & Safety impacts across the district; economic and reputational risk from a failure to supply adequate potable and fresh water; negative environmental impacts.

 

Effective risk management decreases either the probability of risks occurring and/or the impact if the risk does occur. By developing and implementing effective treatment plans we expect to both decrease the probability and impact of these risks.

Two options are proposed

1.   Maintain the status quo with the Fresh Water Resilience risk on the Infrastructure and Asset Management Group Risk Register

2.   Add to the Organisational Top Risks Dashboard to ensure governance and that we address the questions – where are the gaps and what more could we be doing?

Reason for the recommendation

We recommend option two as this risk will impact two strategic risks, ARF001 Climate Change and ARF005 Affordability and provide for the following benefits:

·    Governance focus to support Council achieving their objectives;

·    Regular risk update reporting to the Assurance, Risk and Audit Committee with status and details of the treatment plans being implemented;

·    Deep dive risk workshop(s); and

·    The Strategic Leadership Team is active in overseeing these top risks and have committed to regular sessions to discuss these risks, their status and how the implementation of the treatment plans is progressing.

3) Financial Implications and Budgetary Provision

To be confirmed once detailed treatment plans have been created. The detailed treatment plans will articulate the desired treatment programme to manage the risk appropriately, which will include budgeted resources and non-budgeting resources.

 

Attachments

1.       2019 10  Simplified Organisational Risk Categories with Impact and Likelihood Statements - A2857911

2.       Drought Issue Register as @ 2020 02 28 - A2857074  


 

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

Individual treatments will be assessed for their level of significance.

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

Risk Management Policy.

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.

Individual treatments will be assessed for their level of interest to one or all Community Boards.

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.

Individual treatments will be assessed for implication(s) 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.

Individual treatments will be assessed for affected parties.

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

Currently unquantified. Financial implications of individual treatments will be assessed.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 


Ordinary Council Meeting Agenda

7 May 2020

 

PDF Creator


Ordinary Council Meeting Agenda

7 May 2020

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


Ordinary Council Meeting Agenda

7 May 2020

 

6.6         Far North District Council Climate Change Road Map

File Number:           A2870762

Author:                    Roger Ackers, Manager - Strategy Development

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

 

Purpose of the Report

To seek approval from the Strategy and Policy Committee of the Far North District Council Climate Change Roadmap (attachment 1 to this report).

Executive Summary

·        In August 2019 Council approved a critical success factor of the development of a Roadmap to respond climate change

·        Attached to this report is the Far North District Council Climate Change Roadmap for the Strategy and Policy Committee to receive

·        Administration recommends that the Committee approve the Far North District Climate Change Roadmap.

 

Recommendation

That the Strategy and Policy Committee approve the attached Far North District Council Climate Change Roadmap.

 

1) Background

In August 2019 Council approved the Chief Executive’s Critical Success Factors. This included the development of Road Map to respond to climate change, being:

“Critical Success Factors for the CE – Council Climate Change Roadmap 2020

(notwithstanding any earlier requirement to prepare for a national resilience and adaptation

deadline within 2020).”

 

Administration provided a Climate Change Update Report to the 19 December 2019 Council meeting.  This report contained the following update and information on the development of a Climate Change Roadmap;

·    A roadmap is defined as being a high-level strategic plan that defines a goal or desired outcome and includes outlining the major steps or milestones needed to reach it. It serves as a communication tool. The road map will address two overarching issues:

1.   Adaption to the effects of climate change within the district; and

2.   The reduction of the operational carbon footprint of the Far North District Council as an organisation.

·    The Roadmap will align and inform other strategic documents developed by Council including Far North 2100, the District Plan, the Asset Management Strategy, and the Long-Term Plan

·    The Roadmap will be developed based on best practice research.  It will reference the already considerable inventory of climate change initiatives, adaption plans and strategies that can be found in local government, central government and the private sector in New Zealand.

 

Administration have now completed the Far North District Council Climate Change Roadmap that is attached to this report.

2) Discussion and Options

Option One:  The Committee does not approve the attached Far North District Council Climate Change Roadmap.

 

Option Two:  The Committee approves the attached Far North District Council Climate Change Roadmap.

 

Administration recommends Option Two.

Reason for the recommendation

Administration recommend Option Two as it meets the requirements of the CE Critical Success Factor - Council Climate Change Roadmap 2020.

3) Financial Implications and Budgetary Provision

There are no direct financial or budgetary provisions required as the result of the Committee approving the attached Far North District Council Climate Change Roadmap.  However, the initiatives proposed in the Roadmap will require funding in the coming years starting with budgetary provisions for each year of the Long Term Plan 2021-31.

Attachments

1.       Far North District Council Climate Change Road Map - A2870755  


 

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 recommendation in this report does not meet the thresholds as per the Council’s significance and engagement policy.

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

The recommendation in this report does not directly relate to any policies, legislation and/or community outcomes.  However, the attached report does reference and draw on the following pieces of legislation;

1.   The Resource Management Act

2.   The Climate Change Response (Zero Carbon) Amendment Act

State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.

The recommendation in this report has neither District wide nor relevance to an individual Community Board.  The implementation of the initiatives in the Far North District Council Climate Change Roadmap will have District wide relevance.

State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.

The recommendation in this report does not have any direct implications for Māori.  The implementation of the initiatives in the Far North District Council Climate Change Roadmap will have significant 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 recommendation in this report, given the topic, will attract the interest of the media, other government agencies, The Far North District Council Climate Change Roadmap proposes initiatives that will need to be further validated via business cases and approval via the Long Term Plan process.  The approval of this report will be accompanied by a series of proactive press releases so as to keep to public informed on how Council is responding to climate change.

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

Refer to Section 3 of this report.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Ordinary Council Meeting Agenda

7 May 2020

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


Ordinary Council Meeting Agenda

7 May 2020

 

7            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

7.1 - Confirmation of Previous Minutes - Public Excluded

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

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

7.2 - Panguru Flood Mitigation Road Rising - Additional Budget Request

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

7.3 - Progress Update on Northland Water Storage and Use Project Report

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

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

 


Ordinary Council Meeting Agenda

7 May 2020

 

8            karakia whakamutunga – closing prayer

9            Meeting Close