Te Kaunihera o Tai Tokerau ki te Raki
AGENDA
Ordinary Council Meeting
Tuesday, 30 June 2020
Time: |
10:00 am |
Location: |
Council Chamber Memorial Avenue Kaikohe |
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 |
30 June 2020 |
COUNCIL MEMBERS REGISTER OF INTERESTS
Name |
Responsibility (i.e. Chairperson etc) |
Declaration of Interests |
Nature of Potential Interest |
Member's Proposed Management Plan |
Hon Mayor John Carter QSO |
Board Member of the Local Government Protection Programme |
Board Member of the Local Government Protection Program |
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Carter Family Trust |
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Deputy Mayor Ann Court |
Waipapa Business Association |
Member |
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Case by case |
Warren Pattinson Limited |
Shareholder |
Building company. FNDC is a regulator and enforcer |
Case by case |
|
Kerikeri Irrigation |
Supplies my water |
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No |
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Top Energy |
Supplies my power |
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No other interest greater than the publics |
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District Licensing |
N/A |
N/A |
N/A |
|
Top Energy Consumer Trust |
Trustee |
Crossover in regulatory functions, consenting economic development and contracts such as street lighting. |
Declare interest and abstain from voting. |
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Ann Court Trust |
Private |
Private |
N/A |
|
Waipapa Rotary |
Honorary member |
Potential community funding submitter |
Declare interest and abstain from voting. |
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Properties on Onekura Road, Waipapa |
Owner Shareholder |
Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse) |
Declare interest and abstain from voting. |
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Property on Daroux Dr, Waipapa |
Financial interest |
Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse) |
Declare interest and abstain from voting. |
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Flowers and gifts |
Ratepayer 'Thankyou' |
Bias/ Pre-determination? |
Declare to Governance |
|
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 |
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David Clendon – Partner |
Resident Shareholder on Kerikeri Irrigation |
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David Collard |
Snapper Bonanza 2011 Limited |
45% Shareholder and Director |
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|
Trustee of Te Ahu Charitable Trust |
Council delegate to this board |
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Felicity Foy |
Director - Northland Planning & Development |
I am the director of a planning and development consultancy that is based in the Far North and have two employees. Property owner of Commerce Street, Kaitaia |
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I will abstain from any debate and voting on proposed plan change items for the Far North District Plan. |
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I will declare a conflict of interest with any planning matters that relate to resource consent processing, and the management of the resource consents planning team. |
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I will not enter into any contracts with Council for over $25,000 per year. I have previously contracted to Council to process resource consents as consultant planner. |
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Flick Trustee Ltd |
I am the director of this company that is the company trustee of Flick Family Trust that owns properties Seaview Road – Cable Bay, and Allen Bell Drive - Kaitaia. |
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Elbury Holdings Limited |
This company is directed by my parents Fiona and Kevin King. |
This company owns several dairy and beef farms, and also dwellings on these farms. The Farms and dwellings are located in the Far North at Kaimaumau, Bird Road/Sandhills Rd, Wireless Road/ Puckey Road/Bell Road, the Awanui Straight and Allen Bell Drive. |
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Foy Farms Partnership |
Owner and partner in Foy Farms - a farm on Church Road, Kaingaroa |
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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. |
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King Family Trust |
This trust owns several ttitles/properties at Cable Bay, Seaview Rd/State Highway 10 and Ahipara - Panorama Lane. |
These trusts own properties in the Far North. |
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Previous employment at FNDC 2007-16 |
I consider the staff members at FNDC to be my friends |
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Shareholder of Coastal Plumbing NZ Limited |
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Felicity Foy - Partner |
Director of Coastline Plumbing NZ Limited |
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Friends with some FNDC employees |
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Mate Radich |
No form received |
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|
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Rachel Smith |
Friends of Rolands Wood Charitable Trust |
Trustee |
|
|
Mid North Family Support |
Trustee |
|
|
|
Bay of Islands Amateur Swimming Club |
Committee Member |
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Property Owner |
Kerikeri |
|
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Friends who work at Far North District Council |
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Kerikeri Cruising Club |
Subscription Member |
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|
Rachel Smith (Partner) |
Property Owner |
Kerikeri |
|
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Friends who work at Far North District Council |
|
|
|
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Kerikeri Cruising Club |
Subscription Member |
|
|
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Kelly Stratford |
KS Bookkeeping and Administration |
Business Owner, provides book keeping, administration and development of environmenta management plans |
None perceived |
Step aside from decisions that arise, that may have conflicts |
Waikare Marae Trustees |
Trustee |
Maybe perceived conflicts |
Case by case basis |
|
Bay of Islands College |
Parent Elected Trustee |
None perceived |
If there was a conflict, I will step aside from decision making |
|
Karetu School |
Parent Elected Trustee |
None perceived |
If there was a conflict, I will step aside from decision making |
|
Maori title land – Moerewa and Waikare |
Beneficiary and husband is a shareholder |
None perceived |
If there was a conflict, I will step aside from decision making |
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Sister is employed by Far North District Council |
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Will not discuss work/governance mattes that are confidential |
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Gifts - food and beverages |
Residents and ratepayers may ‘shout’ food and beverage |
Perceived bias or predetermination |
Case by case basis |
|
Kelly Stratford - Partner |
Chef and Barista |
Opua Store |
None perceived |
|
Maori title land – Moerewa |
Shareholder |
None perceived |
If there was a conflict of interest I would step aside from decision making |
|
Moko Tepania |
Teacher |
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 |
30 June 2020 |
Ordinary Council Meeting
will be held in the Council Chamber, Memorial Avenue, Kaikohe on:
Tuesday 30 June 2020 at 10:00 am
Order Of Business
1 Karakia Timatanga – Opening Prayer
2 Apologies and Declarations of Interest
5.1 Adoption of the 2020/21 Annual Plan
5.2 Setting of Rates, due dates and penalties for 2020-2021
6.1 Extension to Russell Landfill and Recycling Contract
6.2 Extension of the Community Services and Maintenance Contract to Recreation Services Limited
6.3 Far North Rural Education Activity Programme Contract
7 Karakia Whakamutunga – Closing Prayer
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.
No requests for deputations were received at the time of the Agenda going to print.
30 June 2020 |
5.1 Adoption of the 2020/21 Annual Plan
File Number: A2901552
Author: Sheryl Gavin, General Manager - Strategic Planning and Policy (Acting)
Authoriser: Darrell Sargent, General Manager - Strategic Planning and Policy
Purpose of the Report
To adopt the Annual Plan for 2020/21.
Executive Summary
Section 95 of the Local Government Act 2002 (the LGA) requires Council to prepare and adopt an annual plan for each financial year. The Annual Plan for 2020/21 confirms plans and budgets initially adopted in year three of the 2018-28 Long Term Plan (LTP) and adjusted to accommodate changing circumstances. The Annual Plan must be adopted before commencement of the year to which it applies.
This Annual Plan was prepared in accordance with Part 2 of Schedule 10 of the LGA.
That Council: a) adopt the Annual Plan for 2020/21 b) delegate authority to the Chief Executive Officer to approve any minor accuracy, grammatical or formatting amendments prior to the Annual Plan 2020/21 being published and uploaded onto the Far North District Council website. |
1) Background
From late 2019 Elected Members attended several workshops to discuss variations to the budgets and plans adopted in year three of the 2018-28 Long Term Plan. Council invited public feedback on two items during consultation in March 2020.
The variations presented were assessed for significance against the provisions of Council’s Significance and Engagement Policy. No significant variances were identified. At the December 2019 Council meeting Elected Members decided that formal consultation on the Annual Plan was not required.
Towards the end of consultation (on 25 March 2020) New Zealand entered a prolonged lockdown as a result of the COVID-19 pandemic. The impacts of the lockdown are expected to be long-term and profound, particularly from an economic perspective, with unemployment rising and tourism taking some time to recover. In addition to the pandemic, the Far North also experienced an extreme drought and water shortage which has financially impacted many businesses that rely on the availability of water.
In light of these events, Councillors decided to take some time to consider further changes to the Annual Plan in an effort to balance its responsibility to continue to provide infrastructure and services with the need to play its own part in the economic recovery of our District and the wider region.
As a result, measures were taken to reduce the rates increase for 2020/21 from the 3.94% previously forecast to 2.23% while also establishing a $300,000 economic recovery fund. This position is higher than the 0% increase asked for by many in the community but no higher than an inflation-only adjustment.
The reduction in the rates requirement was achieved through reducing funded depreciation for strategic assets by 24% for the 2020/21 financial year only. No levels of service are expected to be impacted by this decision.
This Annual Plan was prepared in accordance with Part 2 of Schedule 10 of the LGA.
2) Discussion and Options
Key elements of the Annual Plan 2020/21 presented for adoption at this meeting are:
· A general rates increase of 2.23%, well below the 4.0% increase forecast in year three of the 2018-28 LTP.
· Operating expenditure of $131.6 million, $89 million of which will be funded through rates, with the remainder through other revenue such as fees and charges and government subsidies.
· Capital expenditure of $80 million.
· Forecast closing debt of $102 million at the end of the 2020/21 financial year. This is substantially less than the estimated $114 million forecast in the LTP. The reduced forecast is the cumulative effect of deferring projects and not drawing down debt as anticipated in the LTP.
Council could choose not to adopt this Annual Plan. However, in doing so, it would not be able to adopt the rates resolution which in turn enables the rates strike for the 2020/21 year.
Reason for the recommendation
The reason for the resolution is to comply with the statutory provisions for adopting an Annual Plan.
3) Financial Implications and Budgetary Provision
The financial implications and budgetary provisions of adopting the 2020/21 Annual Plan are contained in the document.
1. Annual
Plan 2020-21 for adoption - A2907313 ⇩
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 |
Changes from year three of the 2018-28 LTP were assessed as insignificant under Council’s Significance and Engagement Policy, with the exception of one policy amendment. |
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision. |
The Annual Plan is aligned and consistent with the Community Outcomes and Strategic Direction adopted by Council in the 2018-28 LTP. |
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 Annual Plan is of district-wide interest. Community Board views have been incorporated through attendance of chairs at all workshops. |
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 decisions made as part of the Annual Plan process are in part a result of LTP engagement with iwi, hapu and Maori affected by key issues for which proposals were communicated in consultation on the 2018-28 LTP. |
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. |
Engagement with communities affected by, or with an interest in, the matters consulted on in the LTP was carried out. Further consultation for the 2020/21 Annual Plan was carried out to gather feedback on two proposals, one of which was considered significant as it related to the amendment of a policy. |
State the financial implications and where budgetary provisions have been made to support this decision. |
The Annual Plan establishes the budget for the 2020/21 financial year and enables the setting of rates. |
Chief Financial Officer review. |
The Chief Financial Officer has reviewed this report. |
30 June 2020 |
5.2 Setting of Rates, due dates and penalties for 2020-2021
File Number: A2905294
Author: Zakeeda Khan, Financial Planner
Authoriser: Janice Smith, Chief Financial Officer
Purpose of the Report
The purpose of the report is to allow Council to set the rates, due dates and penalties for the 2020-2021 rating year in accordance with the provisions of the Local Government (Rating) Act 2002.
Now that Council has adopted the Annual Plan for 2020-2021 it must set the rates for the 2020-2021 rating year.
Executive Summary
· Set General Rates
· Set Targeted Rates
· Penalty Dates
· Setting of the Fees in respect of Postponed Rates
That, pursuant to Section 23 of the Local Government (Rating) Act 2002 (the Act), Council sets the rates as described below for the year commencing 1st July 2020 and concluding 30th June 2021;
All rates are shown inclusive of GST
GENERAL RATE
General Rate Differentiated on the basis of land use set on all rateable land
Uniform Annual General Charge (UAGC):
A UAGC of $450.00 per Separately Used or Inhabited Part (SUIP) of a rateable Rating Unit
TARGETED RATES
Ward Services Rate Differentiated on the basis of location set on all rateable land in the identified wards
ROADING RATES
Uniform Roading Rate
A Uniform Targeted Rate of $100 per Separately Used or Inhabited Part (SUIP) of a rateable Rating Unit
Differential Roading Rate
Differentiated on the basis of land use set on all rateable land
Stormwater Rate
Differentiated on the basis of land use set on all rateable land identified in the rating area maps for the urban communities;
DEVELOPMENT RATES
Paihia CBD Development Rate
Differentiated on the basis of land use set on all rateable land identified in the rating area maps
Kaitaia BID Rate
BOI Recreation Centre Rate
PRIVATE ROADING RATES
Hupara Road Sealing Rates
SEWERAGE RATES
Separate sewerage rates are set for each sewerage scheme differentiated on the basis the supply or availability of supply to each scheme.
The additional pan rate is set on the basis of the third and subsequent water closet or urinal within the rating unit. A rating unit used primarily as a residence for a single household will be treated as having a single pan.
Ahipara Sewerage Capital Rate
East Coast Sewerage Capital Rate
Hihi Sewerage Capital Rate
Kaeo Sewerage Capital Rate
Kaikohe Sewerage Capital Rate
Kaitaia and Awanui Sewerage Capital Rate
Kawakawa Sewerage Capital Rate
Kerikeri Sewerage Capital Rate
Kohukohu Sewerage Capital Rate
Opononi Sewerage Capital Rate
Paihia Sewerage Capital Rate
Rangiputa Sewerage Capital Rate
Rawene Sewerage Capital Rate
Russell Sewerage Capital Rate
Whangaroa Sewerage Capital Rate
Whatuwhiwhi Sewerage Capital Rate
District Wide Sewerage Operating Rate
WATER RATES Separate water rates are set for each water supply scheme differentiated on the basis the supply or availability of supply to each scheme.
Kaikohe Water Capital Rate
Kaitaia Water Capital Rate
Kawakawa Water Capital Rate
Kerikeri Water Capital Rate
Okaihau Water Capital Rate
Omapere/Opononi Water Capital Rate
Paihia Water Capital Rate
Rawene Water Capital Rate
District Wide Water Operating Rates The District wide operating rates are assessed on the basis of the quantity of water supplied as recorded by meter.
Metered Supply rate (all schemes)
Non Metered Water Supply Rate (Includes 250 M3 Supply)
DRAINAGE RATES
And that, pursuant to Section 24 of the Act and with the exception of the targeted rates set for the supply of water pursuant to Section 19 of the Act, Council charges the rates for the 2020-2021 rating year by way of four equal instalments. Each instalment to be paid on or before the due dates set out below;
And that, pursuant to Sections 57 and 58 of the Act and with the exception of the targeted rates set for the supply of water pursuant to Section 19 of the Act, Council imposes the following penalties:
A ten percent (10%) penalty on any portion of any instalment of rates assessed in the 2020-2021 financial year that is not paid on or by the due date for payment as detailed above. This penalty will be added on the penalty dates detailed above;
And that the water meters be read and invoiced on a six-month cycle, or more often if required, and the subsequent invoices become due for payment set out overleaf.
And that, pursuant to Sections 57 and 58 of the Act, Council imposes the following penalties in respect of targeted rates set for the supply of water pursuant to Section 19 of the Act:
A ten percent (10%) penalty on any portion of the rate for the supply of water charged pursuant to Section 19 of the Act, as separately invoiced, that is not paid on or by the due date for payment as set out below;
And that, pursuant to Section 88 of the Act, Council set Postponement Fees as provided for in the relevant Rates Postponement Policies;
FEES IN RESPECT OF POSTPONED RATES Pursuant to Section 88 of the Local Government (Rating) Act 2002, Council will charge a postponement fee on all rates that are postponed under any of its postponement policies.
The Postponement fees are as follows: · Application Fee: $300 · Administration Fee: $50 per year · Financing Fee on all Postponements: Currently set at 3.00% pa but may vary to match Council’s average cost of funds. At Council’s discretion all these fees may be added to the total postponement balance.
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1) Background
Council has adopted the Annual Plan 2020 - 2021 and therefore, pursuant to Section 23 of the Local Government (Rating) Act 2002 (the Act), must now formally resolve to set the rates for the year commencing 01 July 2020 and concluding 30 June 2021.
2) Discussion and Options
The Act requires Council to formally set the rates for each year after it has adopted the appropriate Annual Plan or Long-Term Plan. It is this resolution which gives Council the power to set and charge rates for the year.
Reason for the recommendation
It is by setting the rates that Council obtains the funding for the forthcoming year. This resolution provides for funding as set out in the Annual Plan 2020 - 2021 rating year.
3) Financial Implications and Budgetary Provision
It is by setting the rates that Council obtains the funding for the forthcoming year. This resolution provides funding as is set out in the Annual Plan 2020 - 2021 rating year.
Nil
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. |
Local Government Act 2002, Local Government Rating 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. |
N/A |
State the financial implications and where budgetary provisions have been made to support this decision. |
N/A |
Chief Financial Officer review. |
The Chief Financial Officer has reviewed this report |
Ordinary Council Meeting Agenda |
30 June 2020 |
30 June 2020 |
RESOLUTION TO EXCLUDE THE PUBLIC