Agenda of Extraordinary Council Meeting

Extraordinary Council Meeting Agenda

30 July 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
Hon Mayor John Carter QSO	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
David Collard	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 Coastal Plumbing NZ Limited
Felicity Foy - Partner	Director of Coastal Plumbing NZ Limited
Felicity Foy - Partner	Friends with some FNDC employees
Mate Radich	No form received
Rachel Smith	Friends of Rolands Wood Charitable Trust	Trustee
	Mid North Family Support	Trustee
	Property Owner	Kerikeri
	Friends who work at Far North District Council
	Kerikeri Cruising Club	Subscription Member and Treasurer
Rachel Smith (Partner)	Property Owner	Kerikeri
	Friends who work at Far North District Council
	Kerikeri Cruising Club	Subscription Member
Kelly Stratford	KS Bookkeeping and Administration	Business Owner, provides book keeping, administration and development of environmenta management plans	None perceived	Step aside from decisions that arise, that may have conflicts
	Waikare Marae Trustees	Trustee	Maybe perceived conflicts	Case by case basis
	Bay of Islands College	Parent Elected Trustee	None perceived	If there was a conflict, I will step aside from decision making
	Karetu School	Parent Elected Trustee	None perceived	If there was a conflict, I will step aside from decision making
	Maori title land – Moerewa and Waikare	Beneficiary and husband is a shareholder	None perceived	If there was a conflict, I will step aside from decision making
	Sister is employed by Far North District Council			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
Kelly Stratford - Partner	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

Extraordinary Council Meeting Agenda

30 July 2020

5 Reports

5.1 Appointment of Director to the Board of Northland Adventure Experience Limited (NAX)

File Number: A2921669

Author: George Swanepoel, In-House Counsel

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

Purpose of the Report

To nominate Councillor Moko Tepania as His Worship the Mayor (HWTM) John Carter’s the replacement director on the Northland Adventure Experience Limited’s (NAX) Board.

Executive Summary

· Council is a 24% shareholder of NAX and has a right to appoint a director to the NAX board.

· HWTM was previously appointed to the board but resigned on 30 June 2020.

· It is now proposed that Cr Moko Tepania be appointed as a director on the NAX board.

Recommendation

That Council:

a) appoints Councillor Moko Tepania as HWTM’s replacement on the NAX Board

b) agrees to indemnify Councillor Tepania for any professional negligence as a director when acting in good faith in his capacity as a director.

1) Background

Northland Adventure Experience Ltd (NAX) is a special purpose project company originally incorporated to complete a joint application to the Provincial Growth Fund (PGF) by Council, the BOIVRT and the Cycle Trail Trust. The initial application for funding was for the construction of a permanent cycle trail and restoration of the railway line between Opua and Taumarere.

Council resolution regarding the formation of NAX Ltd is set out below.

2) Discussion and Options

On 30 June 2020 HWTM resigned as a director and it is proposed that Cr Moko Tepania be appointed as his replacement and the FNDC agrees to indemnify Cr Tepania for any professional negligence as a director when acting in good faith in his capacity as a director.

Reason for the recommendation

Council is a shareholder of NAX and has a vested interest in the cycle trail which may be impacted by the decision made. Council should therefore be represented on the Board.

3) Financial Implications and Budgetary Provision

The Local Government Act 2002 s43 provides indemnity for Councillors and members of the local authority where they are acting in good faith in pursuance of the responsibilities of the local authority. This covers committees, community boards and other sub-ordinate decision-making bodies of the local authority. NAX doesn’t meet that definition therefore Council’s indemnity insurance will not extend cover to Councillor Tepania as a Director of the company. Unless NAX (the company) secures professional indemnity insurance for its directors, any indemnity provided by Council would be a cost to the ratepayers.

Attachments

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.	This may impact on Councils relationship with NAX and its ability to influence decisions regarding the cycleway.
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.	No, its for Council to appoint a director.
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.	Not applicable.
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.	None.
State the financial implications and where budgetary provisions have been made to support this decision.	Not applicable.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Extraordinary Council Meeting Agenda

30 July 2020

5.2 Mobile Library for Outreach Services - Van Funding Application

File Number: A2923137

Author: Jacine Warmington, Manager - Community and Customer Services

Authoriser: Dean Myburgh, General Manager - District Services

Purpose of the Report

To seek council approval to make a funding application to Foundation North for the purchase of a van to support library outreach services (Mobile Library).

Executive Summary

Far North District Libraries (FNDL) are seeking funding for a van that can be fitted out in a way that makes mobile library service straightforward. This includes shelving, internet connectivity, storage and branding.

The van FNDL is seeking funding for is a high roof Ford Transit van. Quotes have been supplied pricing the vehicle at $47,000.00 including all-of-government pricing discount.

Foundation North is a charitable organization with a mandate to support community development in the north of the country. The funding team at Foundation North has assessed that a mobile van to support broader community access to library services is an initiative they are open to supporting.

However, Foundation North requires a resolution passed by council approving that Libraries can seek funding from them. This is an administrative function of Foundation North with governance-level approval a requirement of all funding applications they receive.

Recommendation

That Council approves the decision to seek funding for a van to provide a mobile library for outreach services, from Foundation North.

1) Background

The Future Libraries strategy identified that providing access to library services to remote communities was a key focus area. Funding was provided by FNDC for the appointment of an Outreach Librarian but not for a vehicle to support the service.

The Outreach Librarian has been appointed, and services have begun into rural areas. Existing FNDC vehicles are currently being used to move from site to site, but these vehicles are not fit-for-purpose, and access to them is restricted through use by other council employees.

2) Discussion and Options

Outreach Service

A key outcome of Future Libraries is ‘Connecting Far North communities with a mobile service’. This work has begun in a number of ways, with the Outreach Librarian opening pop-up libraries in the Hokianga, running robotics sessions in Mangonui and working in kura and schools to improve digital literacy and provide access to library books. This work will expand across the region when an appropriate vehicle has been secured.

The intent of the service is that remote Far North residents are provided with enhanced access to books, digital support, robotics, internet connectivity and broader community service and support. While it will be run and managed by the library team, collaboration with other FNDC teams and social service organizations is envisaged.

Funding Options

Several funding options have been explored. These include applications to charitable organizations, private benefactors and local organizations. To this point these have been unsuccessful. Usually, the funding group has seen merit in the service, but has policy in place restricting funding to local authorities. Some will not fund vehicles.

Foundation North has amended its policies post-COVID-19 and has indicated it is supportive of funding a vehicle, viewing it as a community access point rather than staff transport. It is also willing to support our council in this initiative, seeing the outcome of community development as aligned with their mission.

FNDL has successfully worked with Foundation North previously, with funding secured to support Museum@Te Ahu database and digitization projects.

Benefits

Securing funding for a mobile van will help ensure the library Outreach Service maximises it’s potential, and fully achieves its strategic goal of connecting Far North communities.

Options

Option One:

Recommended. Pass a resolution that FNDC authorises the library service to complete a funding application to Foundation North for a van to be used as a Mobile Library.

Option Two:

Do not pass a resolution that FNDC authorises the library service to complete a funding application to Foundation North for a van to be used as a Mobile Library.

Reason for the recommendation

Foundation North requires governance group approval from an organization before funding applications will be considered. From their perspective, this ensures that the application is transparent and aligned with identifiable organizational goals.

This would normally be the approval of a Trust Board. In this instance, Foundation North have indicated that they require the approval of FNDC elected members as a governance group.

3) Financial Implications and Budgetary Provision

FNDL have a budget of $20,000 toward the fitout of the van.

Attachments

1. Far North District Libraries Strategy - adopted Dec 2017 - A1956750 ⇩

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

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.	Far North District Council Future Libraries Strategy. Communities that are healthy, safe, connected and Sustainable. Proud, vibrant communities. Prosperous communities supported by a sustainable Economy.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	District wide relevance.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	No 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.	Not applicable.
State the financial implications and where budgetary provisions have been made to support this decision.	Budgetary provisions stated under financial implications and budgetary provisions section.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Extraordinary Council Meeting Agenda

30 July 2020

5.3 Development of Lindvart Park

File Number: A2923333

Author: Janice Smith, Chief Financial Officer

Authoriser: Shaun Clarke, Chief Executive Officer

Purpose of the Report

To provide the background to the development of Lindvart Park and seek approval for Council to allocate $2.1m of funding for the Lindvart Park development.

Executive Summary

· Kaikohe and Districts Sportsville manage the sporting facilities at Lindvart Park Kaikohe and made an application to the Provincial Growth Fund (PGF) for an upgrade and construction of new facilities on the park.

· Council was made aware one day prior to the Ministerial announcement confirming funding that the application committed Council to $2.1m of funding.

· Further analysis concluded Council had budgeted $776k in the 2021/22 financial year and $272k in the 2022/23 financial years for Lindvart Park upgrades and $521k in 2021/22 and $531k in 2022/23 for renewal of existing assets that could be linked to the application.

Recommendation

That Council:

a) approve the allocation of $2.1m of existing budgets for the renewal and upgrade of the Lindvart Park pavillion and associated assets to the Lindvart Park development project in 2021/22 and 2022/23 financial years; and

b) note the ownership of the asset as proposed, will lie with Kaikohe & Districts Sportsville and the need to:

i. establish an MOU identifying public access rights to enable the application of public capital investment in a non-publicly owned asset; and

ii. note that future provision may be required to cover maintenance and renewal of the asset.

1) Background

Kaikohe and Districts Sportsville manage the sporting facilities at Lindvart Park in Penney Crescent, Kaikohe, on behalf of the Far North District Council. These facilities include regulation courts, several playing fields (both natural and synthetic), lights for night games and a Pavilion building.

Council was made aware on 8 July that a PGF funding application had been made by Kaikohe and District Sportsville to update existing facilities and build some new facilities at Lindvart Park. An announcement was to be made on Friday 17 July but Council did not receive a copy of the application.

On Thursday 16 July Council was asked by the Ministry of Business Innovation and Employment whether Council was contributing any funding to the Lindvart Park development.

A copy of the PGF application was sought and it outlined the project as total cost of the project as $9.21m (professional fees / consents $987,000, construction $8,224,000).

The description of how the project was intended to be funded stated:

“The project is thus funded by a sports facility grant via Far North District Council [FNDC] of $100,000 +GST. The project is currently underway with final viability and feasibility input allowing further funding from the following:

· Foundation North

· FNDC – [LTP includes funding allocation of $2.1M]

· Northland Regional Council - [LTP includes funding allocation of $1.4M]

· Lotteries

· Community Sponsorship

· Others”

2) Discussion and Options

The PGF application explains the project as an “upgrade of court facilities, roading and carparking improvements, safer access around the entire park. A new pavilion capable of providing two full sized competition indoor courts and supporting facilities is planned”.

A recent sport strategy plan for the region has identified the need for this project.

This project has been a 40 year planning process for the board starting in October 1983 and it is planned the new upgraded facility would to be opened on Labour weekend 2023. It provides an opportunity to infuse Ngapuhitanga into the communities of Kaikohe and surrounding areas. The Lindvart Park Reserve Management Plan identified that the current facilities do not adequately reflect the culture of the local population and encourages the infusion of Ngapuhitanga within its goals. It also provides a premises to specifically engage youth in the region, particularly as several schools in close proximity do not currently have quality indoor sports options. A multi-sports complex could also offer school holiday programmes, offer a more active alternative to Oscar in a region which has little to offer youth during holidays, encouraging them into life-changing activities.

Given the location of Kaikohe and its central proximity to tourist activities there are also economic benefits. With the development of a new playground, fitness trails, cycling trails and other family friendly activities, Lindvart Park becomes a place for all families to visit and stay. With cultural developments such as a Sculpture Trail reflecting Ngapuhitanga and other Kaikohe history, then Lindvart Park becomes a place to be visited by all tourists and becomes a place for the locals to be proud of.

Minister Shane Jones made a funding announcement on 17 July confirming $6m of government funding for the project.

Current accounting policies identify that where the Council is not the ultimate owner of an asset, the cost of the public access rights can be treated as an intangible asset where:

iii) The community has the right to use the facility; and

iv) In terms of the agreement, the right exists for more than 12 months.

The PGF application does not identify ownership of any assets, so any contribution from Council would be on the basis that Council is not the asset owner. In order for Council to capitalise the investment as an intangible asset, a public access right agreement would need to be put in place (similar to the arrangement with Te Ahu and the Te Hiku Sportshub).

In addition, Council would need to consider how the increased maintenance requirement resulting from the development would be funded on an ongoing basis and may need to consider renewal of the asset at a future point in time if Council is not the asset owner.

The PGF application states:

· The work includes upgrade of court facilities, roading and carparking improvements, safer access around the entire park. A new pavilion capable of providing two full sized competition indoor courts and supporting facilities is planned.

The funding in the current plans is as follows:

New works – identified in the plan as Lindvart Park Pavillion Upgrade and loan funded.

2021/22 $776,005

2022/23 $272,418

Total $1,048,423

Renewals – related to the carpark, the pavilion building and services

2021/22 $521,001

2022/23 $530,576

Total $1,051,577

This provides the total project funding required of $2,100,000

Sportsville have indicated they will either –

1. Demolish the existing pavilion and build a new structure. The above renewals budget covers this situation.

2. Retain most of the existing pavilion AND build a new structure. The existing renewals budget is only to cover the existing pavilion. There would be a shortfall of $175,482 from the renewals budget from Council, which would need to be negotiated with Sportsville.

Reason for the recommendation

To support the PGF application in relation to the development of Lindvart Park.

3) Financial Implications and Budgetary Provision

There are provisions within existing plans for both upgrade and renewal of pavillion assets at Lindvart park. These are outlined above. Maintenance for the existing park assets is included in plans but these budgets may need to be re-visited considering the expanded development that will result from this PGF bid.

Attachments

1. Shovel Ready Lindvart Project-Information-Form FINAL - A2924709 ⇩

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

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.	This is a development of sporting facilities and could therefore be linked to wellbeing.
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.	This is to support a PGF bid as part of the COVID 19 recovery response.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	No specific issues.
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 is support for a community led sporting development.
State the financial implications and where budgetary provisions have been made to support this decision.	These are contained in the report.
Chief Financial Officer review.	The Chief Financial Officer prepared this report.