Te Kaunihera o Tai Tokerau ki te Raki

 

 

AGENDA

 

Ordinary Council Meeting

 

Thursday, 13 August 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

13 August 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 Coastal Plumbing NZ Limited

 

 

 

Felicity Foy - Partner

Director of Coastal 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

 

 

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

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

13 August 2020

 

Far North District Council

Ordinary Council Meeting

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

Thursday 13 August 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. 41

6.1            Right of Way Easement Over Reserve, Lot 3 DP 70169 NA26D/425, 69 Landing Road, Kerikeri 41

6.2            Ground Lease of 28 Matai Bay Road, Karikari to Fire & Emergency NZ. 47

6.3            Nothing But Net Far North Digital Strategy. 57

6.4            Kerikeri Sports Complex Proposed Playground. 109

6.5            Charges for Waste Water Treatment Houhora Heads Motor Camp. 169

6.6            Approval for an Agile Procurement Strategy. 175

6.7            Remits for Consideration at the 2020 LGNZ AGM.. 231

6.8            Voting System for 2022 and 2025 Local Body Elections. 285

6.9            2022 Triennial Elections - Order of Candidate Names on Electoral Voting Documents. 319

6.10          Election Hoardings Policy #2112. 322

7          Information Reports. 327

7.1            CEO Report to Council 01 May 2020 - 30 June 2020. 327

8          Public Excluded. 384

8.1            Confirmation of Previous Minutes - Public Excluded. 384

8.2            Far North Holdings Limited Reappointment of Director 384

8.3            Recommendation to Award FNDC Portions of Contract for Street Light Infill Improvement Works. 384

8.4            Extension of Contract 7-14-600 - Education and Promotion of Waste Minimisation and Sustainability Practices within the Far North District 384

8.5            Extension of Contract 7-15-603 Waste Management and Minimisation Services – Southern. 385

8.6            Extension of Contract 7-15-603 Waste Management and Minimisation Services – Northern. 385

8.7            Kaitaia Water Project Approval Circulated Under Separate Cover

 

9          Karakia Whakamutunga – Closing Prayer. 387

10       Meeting Close. 387

 

 


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

Annika Taylor and Darrell Lamb representating the Ministry of Social Development will provide a presentation on MSD Northland Job Market.

Ana Heremaia representing Akau Limited will provide a presentation on the Kaikohe Memorial Park Beautificatoin project.

Rhonda Zielinski representing Freedom Whare Limited and Te Whakamanamai Whanau Trust will provide a presentation on Emergency Housing.

Cathy Wagner representing Houhora Heads Motor Camp will speak to Item 6.5 – Charges for Waste Water Treatment Houhora Heads Motor Camp.

4            Mayoral Announcements    


Ordinary Council Meeting Agenda

13 August 2020

 

5            Confirmation of Previous Minutes

5.1         Confirmation of Previous Minutes

File Number:           A2920677

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 meetings held 25 June 2020, 30 June 2020, 14 July 2020 and 30 July 2020 as a true and correct record.

 

 

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.

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.       2020-06-25 Council Unconfirmed Minutes - A2905717

2.       2020-06-30 Council Unconfirmed Minutes - A2908172

3.       2020-07-14 Council Unconfirmed Minutes - A2917767

4.       2020-07-30 Council Unconfirmed Minutes - A2929491  


 

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

13 August 2020

 

   MINUTES OF Far North District Council
Ordinary Council Meeting HELD AT THE Virtually via, Microsoft Teams
ON Thursday, 25 June 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), Sheryl Gavin (General Manager Strategic Planning and Policy – Acting)

1            Karakia Timatanga – Opening Prayer

His Worship the Mayor commenced the meeting with the Council prayer.

2            Apologies and Declarations of Interest

Nil

3            Mayoral Announcements   

-     Noted that it is the Matariki New Year.

-     Noted the death of Constable Hunt.

-     Noted the resignation of Lawrie Atkinson - Te Hiku Community Board Member.

-     Local Government Remits will be discussed/voted on at the next AGM.

-     Cr Vujcich has been appointed as the Council Representative on the Cycle Trail Board.

-     A workshop was held on the committee structure and meeting frequency.

-     Congratulated Cr Tepania on being appointed as the Co-Chair of the Local Government New Zealand Young Elected Members.

-     Received a letter of thanks from the Houhora Camping Ground and is continuing to receive communications from local businesses thanking staff for the support that they are receiving from Council.

4            Deputation

·    Eljon Fitzgerald and Stephen Rush – Te Runanga o Whangaroa.

5            Confirmation of Previous Minutes

5.1         Confirmation of Previous Minutes

Agenda item 5.1 document number A2895458, pages 11 - 29 refers

Resolution  2020/40

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

That Council confirms the minutes of the Council meetings held 21 May and 5 June 2020 as a true and correct record.

In Favour:       Mayor John Carter, 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

6            Deputation continued

·    Russell Shaw – Top Energy.

7            Reports

7.1         COVID-19 Response – Te Tai Tokerau Worker Redeployment Package

Agenda item 6.1 document number A2890607, pages 30 - 34 refers

Resolution  2020/41

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

That Council:

a)      note that Whangarei District Council intends entering into an agreement with the Ministry of Business Innovation and Employment to receive $9.32m of funding to be used for local worker redeployment across Te Tai Tokerau.

b)      approve Council entering into a back to back contractual agreement with Whangarei District Council to the sum of $2.21m to ensure delivery of the FNDC projects included in the agreement in item 1.

c)      delegates to the Chief Executive the authority to finalise the terms and conditions of the agreements in item b.

In Favour:       Mayor John Carter, 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

Note – request a report be presented to the Assurance, Risk and Finance Committee at a later date on the learnings from this project.

 

7.2         Regional Economic Development

Agenda item 8.3 document number A2895537, pages 23 - 38 refers

This item was moved from the Public Excluded Agenda at the request of the Chief Executive Officer for discussion.

Resolution  2020/42

Moved:       Mayor John Carter

Seconded:  Deputy Mayor Ann Court

That Council agree:

1.        

a)    to Stage One whereby the Northland Regional Council share the appointment of directors and input to the Statement of Intent process with Whangarei, Far North and Kaipara District Councils, in return for agreed funding for the 2020-2021 Annual Plan Year. 

b)    Far North District Council contribute eighty-two thousand dollars to Northland Inc. for the 2020-2021 Annual Plan Year.

2.         in principle to the proposal that recommends Northland Inc. be modified to become a joint regional CCO;

a)    with a formal joint committee to provide oversight,

b)    a funding arrangement that Northland Regional Council contribute 60% and Whangarei, Far North and Kaipara District Councils contribute 40% and

c)    this is achieved over a six-year time frame aligned to the 2021-2031 Long Term Plan Cycle and

d)    public consultation to establish Northland Inc. as a joint regional CCO is included and aligned to the 2021-2031 Long Term Plan consultation process of each Northland Council.

3.         to support, in principle, the development of a Regional Economic Development Strategy for inclusion in the 2021-2031 Long Term Plan Cycle, subject to scope, resources and funding.

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

Against:           Nil

Abstained:       Cr Mate Radich

Carried

Attachments tabled at meeting

1     Tabled Document - Regional Economic Development Report

2     Tabled Document - Attachment One -  Regional Economic Development on a Page June 2020

 

8            Information Reports

8.1         2019 Triennial Elections Report

Agenda item 7.1 document number A2847701, pages 35 - 50 refers

Resolution  2020/43

Moved:       Mayor John Carter

Seconded:  Cr Moko Tepania

That the Council receive the report 2019 Triennial Elections Report.

In Favour:       Mayor John Carter, 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

 

The meeting was adjourned from 12.05 pm to 12.17 pm.

 

8.2         CEO Report to Council 01 March 2020 - 30 April 2020

Agenda item 7.2 document number A2893130, pages 51 - 111 refers

MOTION

Moved:       Mayor John Carter

Seconded:  Cr Moko Tepania

That the Council receive the report “CEO Report to Council 01 March 2020 - 30 April 2020“.

Amendment

Moved:       Cr Rachel Smith

Seconded:  Mayor John Carter

That the Council

a)      receive the report “CEO Report to Council 01 March 2020 - 30 April 2020“.

b)      request that the Chief Executive Officer develop a method of sharing key points of the Chief Executive report with the general public.

In Favour:       Mayor John Carter, 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

The amendment  became the substantive motion.

Resolution  2020/44

Moved:       Cr Rachel Smith

Seconded:  Mayor John Carter

That the Council

a)      receive the report “CEO Report to Council 01 March 2020 - 30 April 2020“.

b)      request that the Chief Executive Officer develop a method of sharing key points of the Chief Executive report with the general public.

In Favour:       Mayor John Carter, 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

 

8.3         Learning from the 2020 Drought and Improving the Resilience of our Drinking Water Supplies

Agenda item 7.3 document number A2894873, pages 112 - 125 refers

Resolution  2020/45

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

That Council note the report entitled Learning from the 2020 Drought and Improving the Resilience of our Drinking Water Supplies.

In Favour:       Mayor John Carter, 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

 

9            Community Board Chairs Updates

Adele Gardner – Te Hiku Community Board:

-     Thanks to the Information Technology team for their help with the training and  implementing of Microsoft TEAMS and vitual meetings.

-     Have held a strategic plan workshop with the new template and is excited to see how to slides into the Long Term Plan.

 

Belinda Ward – Bay of Islands-Whangaroa Community Board:

-     Thanks the Information Technology team for their help with the implementing and training in TEAMS and vitual meetings.

-     Have not receveid the new template for the Strategic Plans.

-     Looking forward to the next Joint Community Board workshop to discuss the last 3 months and strategic plans.

-     Concerned around unemployment and accommodation in the Eastern Ward due to COVID- 19.

-     There has been an increase in the need for food parcels, this needs to have be included in a further discussion.

 

Mike Edmonds – Kaikohe-Hokianga Community Board:

-     Similar issues to Te Hiku Community Board and Bay of Islands-Whangroa Community Board, however the above are daily issues in the Kaikohe-Hokianga Community Ward.

10          Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2020/46

Moved:       Mayor John Carter

Seconded:  Cr Moko Tepania

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

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 - Council Civic Hub and Library Reset

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

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

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

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 - Regional Economic Development

This item was discussed during the ordinary meeting at the request of the Chief Executive Officer.

 

8.4 - Far North Rural Education Activity Programme Contract

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

8.5 - Contract 7/15/108 Lighting Maintenance and Renewals - Contract Extension

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

8.6 - Extension to Russell Landfill and Recycling Contract

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

s7(2)(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

8.7 - Extension of the Community Services and Maintenance Contract to Recreation Services Limited

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

s7(2)(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

 

In Favour:       Mayor John Carter, 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

 

meeting duration

Resolution  2020/47

Moved:       Mayor John Carter

Seconded:  Cr Moko Tepania

That Council agree that the Public Excluded and Ordinary Council meeting continue beyond the 6 hour duration specified in Standing Orders, to discuss the remaining items left on the agenda.

In Favour:       Mayor John Carter, Crs David Clendon, Dave Collard, Felicity Foy, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Deputy Mayor Ann Court

Carried

 

Confirmation of Information and Decisions in Open Meetings

Resolution  2020/48

Moved:       Mayor John Carter

Seconded:  Cr Dave Collard

That Council confirms that the information and decisions contained in the part of the meeting held with the public excluded is not to be restated in public meeting.

 

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

Against:           Nil

Carried

 

12          Karakia Whakamutunga – Closing Prayer

13          Meeting Close

The meeting closed at 5.00 pm.

 

The minutes of this meeting will be confirmed at the Ordinary Council Meeting to be held on 30 June 2020.

 

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

CHAIRPERSON


Ordinary Council Meeting Agenda

13 August 2020

 

   MINUTES OF Far North District Council
Ordinary Council Meeting
HELD AT THE Council Chamber, Memorial Avenue, Kaikohe
ON Tuesday, 30 June 2020 AT 10:05 am

 

PRESENT:                   Mayor John Carter (HWTM), Cr David Clendon, Cr Dave Collard, Cr Felicity Foy, 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 with a prayer.

2            Apologies and Declarations of Interest

Apology

Resolution  2020/50

Moved:       Mayor John Carter

Seconded:  Cr Dave Collard

That the apology received from Deputy Mayor Ann Court and Couuncillor Mate Radich be accepted and leave of absence granted.

Carried

 

Cr Rachel Smith joined the meeting virtually via Microsoft Teams

3            Deputation

Nil

4            Mayoral Announcements   

Nil

5            Reports

5.1         Adoption of the 2020/21 Annual Plan

Agenda item 5.1 document number A2901552, pages 12 - 80 refers

Resolution  2020/51

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

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.

Amendment

Moved:       Cr Moko Tepania

Seconded:  Cr John Vujcich

c)    in recognising Kaikohe Memorial Hall as a District Wide Facility, and as recommended by the Kaikohe-Hokianga Community Board and the Infrastructure Committee to remove the Kaikohe Memorial Hall from Kaikohe-Hokianga Ward Rate.

Carried

Amendment

Moved:       Cr Felicity Foy

Seconded:  Cr Kelly Stratford

d)   add $56k for Te Hiku Ward town beautification in the 2020/2021 Annual Plan,

Carried

The amendments become the substantive motion.

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.

c)      in recognising Kaikohe Memorial Hall as a District Wide Facility, and as recommended by the Kaikohe-Hokianga Community Board and the Infrastructure Committee to remove the Kaikohe Memorial Hall from Kaikohe-Hokianga Ward Rate.

d)      add $56k for Te Hiku Ward town beautification in the 2020/2021 Annual Plan,

Carried

 

5.2         Setting of Rates, due dates and penalties for 2020-2021

Agenda item 5.2 document number A2905294, pages 81 - 91 refers

Cr Smith Abstained

Resolution  2020/52

Moved:       Mayor John Carter

Seconded:  Cr Moko Tepania

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

Differential

Basis

Rate

General Differential

Per $ of Land Value

$0.0046211

Commercial Differential

Per $ of Land Value

$0.0127080

 

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

Differential

Basis

Rate

BOI - Whangaroa Ward

Per SUIP

$310.60

Te Hiku Ward

Per SUIP

$276.10

Kaikohe - Hokianga Ward

Per SUIP

$339.00

 


 

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

Differential

Basis

Rate

Residential

Per $ of Land Value

$0.0001019

Lifestyle

Per $ of Land Value

$0.0001038

Farming General

Per $ of Land Value

$0.0001182

Horticulture

Per $ of Land Value

$0.0000756

Dairy

Per $ of Land Value

$0.0001740

Forestry

Per $ of Land Value

$0.0018944

Commercial

Per $ of Land Value

$0.0002727

Industrial

Per $ of Land Value

$0.0003300


Mining/Quarry

Per $ of Land Value

$0.0085496

Other

Per $ of Land Value

$0.0001779

 

Stormwater Rate

Differentiated on the basis of land use set on all rateable land identified in the rating area maps for the urban communities;

Ahipara

Haruru Falls

Kaikohe

Kawakawa

Awanui

Hihi

Kaimaumau

Karikari

East Coast

Houhora/Pukenui

Kaitaia

Kerikeri/Waipapa

Kohukohu

Okaihau

Paihia/Te Haumi

Taupo Bay

Moerewa

Opononi/Omapere

Rawene

Tauranga Bay

Ngawha

Opua/Okiato

Russell

Whangaroa/Kaeo

 

Differential

Basis

Rate

General Differential

Per Rating Unit

$35.78

Commercial Differential

Per Rating Unit

$71.56

 

DEVELOPMENT RATES

 

Paihia CBD Development Rate

Differentiated on the basis of land use set on all rateable land identified in the rating area maps;

Differential

Basis

Rate

General Differential

Per SUIP

$18.00

Commercial Differential

Per SUIP

$56.00

 

Kaitaia BID Rate

Commercial rating units defined in the rating area map

Basis

Rate

Per $ of Land Value

$0.0013444

 

BOI Recreation Centre Rate

Rating Units defined in the rating area map

Basis

Rate

Per SUIP

$5.00

 

PRIVATE ROADING RATES

 

Hupara Road Sealing Rates

Rating Units defined in the rating area map

Basis

Rate

Per SUIP

$661.73

 

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

Differential

Basis

Rate

Connected

Per SUIP

$207.55

Available

Per Rating Unit

$207.55

Additional Pan Rate

Per additional pan

$124.53

 

East Coast Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$156.01

Available

Per Rating Unit

$156.01

Additional Pan Rate

Per additional pan

$93.61

 

Hihi Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$435.28

Available

Per Rating Unit

$435.28

Additional Pan Rate

Per additional pan

$261.17

 

Kaeo Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$543.34

Available

Per Rating Unit

$543.34

Additional Pan Rate

Per additional pan

$326.00

 

Kaikohe Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$148.69

Available

Per Rating Unit

$148.69

Additional Pan Rate

Per additional pan

$89.21

 

Kaitaia and Awanui Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$189.43

Available

Per Rating Unit

$189.43

Additional Pan Rate

Per additional pan

$113.66

 

Kawakawa Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$364.59

Available

Per Rating Unit

$364.59

Additional Pan Rate

Per additional pan

$218.75

 

Kerikeri Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$309.62

Available

Per Rating Unit

$309.62

Additional Pan Rate

Per additional pan

$185.77

 

Kohukohu Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$542.77

Available

Per Rating Unit

$542.77

Additional Pan Rate

Per additional pan

$325.66

 

Opononi Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$237.68

Available

Per Rating Unit

$237.68

Additional Pan Rate

Per additional pan

$142.61

 

Paihia Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$272.98

Available

Per Rating Unit

$272.98

Additional Pan Rate

Per additional pan

$163.79

 

Rangiputa Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$205.62

Available

Per Rating Unit

$205.62

Additional Pan Rate

Per additional pan

$123.37

 

Rawene Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$426.96

Available

Per Rating Unit

$426.96

Additional Pan Rate

Per additional pan

$256.18

 

Russell Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$346.27

Available

Per Rating Unit

$346.27

Additional Pan Rate

Per additional pan

$207.76

 

Whangaroa Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$506.12

Available

Per Rating Unit

$506.12

Additional Pan Rate

Per additional pan

$303.67

 

Whatuwhiwhi Sewerage Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$240.25

Available

Per Rating Unit

$240.25

Additional Pan Rate

Per additional pan

$144.15

 

District Wide Sewerage Operating Rate

Operating Rate

Basis

Rate

Connected (All schemes)

Per SUIP

$620.01

Additional Pan Rate

Per additional pan

$372.01

 

 

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

Differential

Basis

Rate

Connected

Per SUIP

$224.42

Available

Per Rating Unit

$224.42

 

Kaitaia Water Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$217.52

Available

Per Rating Unit

$217.52

 

Kawakawa Water Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$301.96

Available

Per Rating Unit

$301.96

 

Kerikeri Water Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$129.69

Available

Per Rating Unit

$129.69

 

Okaihau Water Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$271.95

Available

Per Rating Unit

$271.95

 

Omapere/Opononi Water Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$576.00

Available

Per Rating Unit

$576.00

 

Paihia Water Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$169.01

Available

Per Rating Unit

$169.01

 

Rawene Water Capital Rate

Differential

Basis

Rate

Connected

Per SUIP

$380.73

60% Non-Potable

Per SUIP

$0.00

Available

Per Rating Unit

$380.73

 

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)

Operating Rate

Basis

Rate

Potable Water

Per m3 Supplied

$3.17

Non-potable Water

Per m3 Supplied

$2.06

 

Non Metered Water Supply Rate (Includes 250 M3 Supply)

Operating Rate

Basis

Rate

Potable Water

Per SUIP

$1,009.87

Non-potable Water

Per SUIP

$732.06

 

DRAINAGE RATES

 

Kaitaia Drainage Area

Basis

Rate

Area of land within the defined rating area

Per hectare

$8.66

 

 

Kaikino Drainage Area (as defined in the FIS)

Differential

Basis

Rate

Differential A

Per hectare

$11.73

Differential B

Per hectare

$5.87

Differential C

Per hectare

$1.96

 

Motutangi Drainage Area (as defined in the FIS)

Differential

Basis

Rate

Differential A

Per hectare

$48.19

Differential B

Per hectare

$24.09

Differential C

Per hectare

$8.05

 

Waiharara Drainage Area (as defined in the FIS)

Differential

Basis

Rate

Differential A

Per hectare

$17.80

Differential B

Per hectare

$8.90

Differential C

Per hectare

$2.97

 

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; 

 

Rate Instalment

Due Date

Penalty Date

First Instalment

20 August 2020

27 August 2020

Second Instalment

20 November 2020

27 November 2020

Third Instalment

22 February 2021

1 March 2021

Fourth Instalment

20 May 2021

27 May 2021

 

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;

 

Scheme

1st Invoice

Due Date

Penalty Date

2nd Invoice

Due Date

Penalty Date

Kaikohe

Nov-20

21/12/2020

4/01/2021

May-21

21/06/2021

28/06/2021

Kaitaia

Aug-20

21/09/2020

28/09/2020

Feb-21

22/03/2021

29/03/2021

Kawakawa

Jul-20

20/08/2020

27/08/2020

Jan-21

22/02/2021

1/03/2021

Kerikeri

Sep-20

20/10/2020

27/10/2020

Mar-21

20/04/2021

27/04/2021

Okaihau

Jul-20

20/08/2020

27/08/2020

Jan-21

22/02/2021

1/03/2021

Omapere/ Opononi

Jul-20

20/08/2020

27/08/2020

Jan-21

22/02/2021

1/03/2021

Paihia

Oct-20

20/11/2020

27/11/2020

Apr-21

20/05/2021

27/05/2021

Rawene

Jul-20

20/08/2020

27/08/2020

Jan-21

22/02/2021

1/03/2021

 

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.

Carried

 

6            Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2020/53

Moved:       Mayor John Carter

Seconded:  Cr Felicity Foy

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

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

6.1 - Extension to Russell Landfill and Recycling Contract

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

s7(2)(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

6.2 - Extension of the Community Services and Maintenance Contract to Recreation Services Limited

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

s7(2)(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

6.3 - Far North Rural Education Activity Programme Contract

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

 

Carried

11:15 am meeting adjourned and resumed at 11:22 pm

Resolution  2020/54

Moved:       Mayor John Carter

Seconded:  Cr Kelly Stratford

That Council moves out of Closed Council into Open Council.

Carried

 

7            Karakia Whakamutunga – Closing Prayer

8            Meeting Close

The meeting closed at 12:08 pm.

 

The minutes of this meeting will be confirmed at the Ordinary Council Meeting to be held on 12 August 2020.

 

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

CHAIRPERSON


Ordinary Council Meeting Agenda

13 August 2020

 

   MINUTES OF Far North District Council
Extraordinary Council Meeting
HELD AT THE Council Chamber, Memorial Avenue, Kaikohe
ON Tuesday, 14 July 2020 AT 3.30 pm

 

PRESENT:                   Mayor John Carter (HWTM), 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 declared the meeting open and Cr Tepania commenced the meeting with a Karakia.

2            Appointment of Chairperson for this meeting

Resolution  2020/42

Moved:       Mayor John Carter

Seconded:  Cr Moko Tepania

That Council agree that Councillor Rachel Smith be appointed as Chair for this meeting in the physical absence of the Mayor and the Deputy Mayor.

Carried

3            Apologies and Declarations of Interest

Resolution  2020/43

Moved:       Cr Rachel Smith

Seconded:  Cr Felicity Foy

That apologies from Cr Stratford for her early departure and Cr Radich be received and accepted.

Carried

 

4            Deputation

Nil

5            MAYORAL ANNOUNCEMENTS   

 

6            Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2020/44

Moved:       Cr Rachel Smith

Seconded:  Cr Dave Collard

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

5.1 - Request for Support for Public Sculpture in Kerikeri - Te Haa o te Ao

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

5.2 - Provincial Growth Fund Negotiations for Roading Projects

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

 

Carried

 

7            karakia whakamutunga – closing prayer

8            Meeting Close

The meeting closed at 4:22 pm.

 

The minutes of this meeting will be confirmed at the Council Meeting to be held on 13 August 2020.

 

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

CHAIRPERSON


Ordinary Council Meeting Agenda

13 August 2020

 

   MINUTES OF Far North District Council
Extraordinary Council Meeting
HELD AT THE Council Chamber, Memorial Avenue, Kaikohe
ON Thursday, 30 July 2020 AT 3.05 pm

 

PRESENT:                   Mayor John Carter (HWTM), Deputy Mayor Ann Court, Cr David Clendon, Cr Dave Collard, Cr Felicity Foy, Cr Mate Radich (Video-Conference), Cr Rachel Smith, Cr Kelly Stratford, Cr Moko Tepania, Cr John Vujcich

IN ATTENDANCE:      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 with a prayer.

2            Apologies and Declarations of Interest

Apology

Resolution  2020/42

Moved:       Mayor John Carter

Seconded:  Cr Rachel Smith

That the apology received from Mike Edmonds be noted.

Carried

3            Deputation

There were no deputations for this meeting.

4            MAYORAL ANNOUNCEMENTS   

-     Northland Forward

-     PGF funding

-     Acknowledged Kelly Stratford for the support she provided to the Moerewa/Kawakawa and surrounding communities during the recent flooding event.

5            Reports

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

Agenda item 5.1 document number A2921669, pages 12 - 14 refers.

motion 

Moved:       His Worship the Mayor John Carter

Seconded:  Cr John Vujcich

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.

Amendment

Moved:       His Worship the Mayor John Carter

Seconded:  Cr John Vujcich

That Council leave “Appointment of Director to the Board of Northern Adventure Experience Limited (NAX) to lie on the table until a workshop can be held.

The amendment became the substantive motion

resolution 2020/43

Moved:       His Worship the Mayor John Carter

Seconded:  Cr John Vujcich

That Council leave “Appointment of Director to the Board of Northern Adventure Experience Limited (NAX) to lie on the table until a workshop can be held.

Carried

 

5.2         Mobile Library for Outreach Services - Van Funding Application

Agenda item 5.2 document number A2923137, pages 15 - 26 refers.

Resolution  2020/44

Moved:       Cr John Vujcich

Seconded:  Cr Rachel Smith

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

Carried

 

5.3         Development of Lindvart Park

Agenda item 5.3 document number A2923333, pages 27 - 30 refers.

Resolution  2020/45

Moved:       His Worship the Mayor John Carter

Seconded:  Cr Kelly Stratford

That Council:

a)      approve the allocation of $2.1m of existing budgets for the renewal and upgrade of the Lindvart Park pavilion 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.    that a Memorandum of Understanding be established 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.

Carried

Abstained:       Cr John Vujcich

 

6            Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2020/46

Moved:       His Worship the Mayor John Carter

Seconded:  Cr Moko Tepania

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

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

6.1 - Twin Coast Cycle Trail - Opua to Taumarere Permanent Route

s7(2)(b)(i) - the withholding of the information is necessary to protect information where the making available of the information would disclose a trade secret

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

 

Carried

 

7            Confirmation of Decisions and Information in Open Meeting

Resolution  2020/43

Moved:       His Worship the Mayor John Carter

Seconded:  Cr Moko Tepania

That the Council confirms that the following decision contained in the part of the meeting held with public excluded be restated in the public meeting.

 

Item 6.1 - Twin Coast Cycle Trail – Opua to Taumarere Permanent Route

Resolution  2020/44

Moved:       Mayor John Carter

Seconded:  Cr Kelly Stratford

That Council support the second Northern Adventure Experience Ltd (NAX Ltd) application to the Provincial Growth Fund (PGF) and agrees to the total liability of Council’s portion of the project at $REDACTED per Option Three in the report: 

a)      approves bringing forward the capital expenditure budget of $REDACTED from the 2021/2022 Annual Plan to the 2020/2021 Annual Plan;

b)      Additional Capital Funding

i)        approves additional capital funding of $REDACTED for the 2020/2021 year in order to progress Stage One of the project.

ii)       approves additional capital funding of $REDACTED for the Taumarere to Opua  permanent Cycle track to be included in the 2021/2031 Long Term Plan consultation process. 

iii)      notes that $REDACTED additional funding is required in total to complete the all three stages of Council’s portion of the project.

c)      declines Northern Adventure Experience Ltd (NAX Ltd) operational project management costs over the life of the project for $REDACTED plus GST;

d)      approves that unspent 2019-2020 annual budget of $REDACTED for preliminary works and consultation is accrued and carried over to the 2020/2021 year;

e)      approves to fund the upgrade of Te Raupo road and bridge per initial rough order cost of $REDACTED and preliminary work to commence in the 2020/2021 year;

f)       notes that external funding applications will be made to NZTA, Foundation North and Lotto for a total amount of $REDACTED, and if funding is successfully secured then the capital loan funding required will reduce accordingly;

g)      notes that the recommendation to support the second Northern Adventure Experience Ltd (NAX Ltd) application to the Provincial Growth Fund (PGF) and approval of Option Three clauses a, b, c, d and e are subject to:

i)        a funding agreement between NAX Ltd and MBIE

ii)       a right of way easement or agreement to have the full length of Te Raupo Road vest in Council to ensure public access;

iii)      Resource and Building Consents;

iv)      Detailed design drawings and costings for the cycle trail construction, rail re-alignment and the upgrade works to Te Raupo Road to provide confidence to elected members that the project is within the $REDACTED initial rough order estimate;

v)      A long-term lease with KiwiRail that is favourable to all parties and to protect Councils investment.

vi)      A negotiated agreement with NAX Ltd to:

1)      separate ratepayers’ obligations from the balance of the project

2)      The BOIVRT and the Minerva Steamboat Trust to have their own respective organisations underwrite their portions of the project thus having no liability for Council;

3)      Council to decline contribution to NAX Ltd project management operating costs

4)      Confirmation from NAX Ltd of the funding in place to construct the Opua Terminus should FNHL not proceed with the investment  

Carried

Against:      Cr Mate Radich

 

Note: His Worship the Mayor thanked Deputy Mayor Court for her work in his absence over the last week.

8            Karakia Whakamutunga – Closing Prayer

Cr Moko Tepania closed the meeting with a Karakia

9            Meeting Close

The meeting closed at 4.27 pm.

 

The minutes of this meeting will be confirmed at the Extraordinary Council meeting to be held on 13 August 2020.

 

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

CHAIRPERSON

 


Ordinary Council Meeting Agenda

13 August 2020

 

6            Reports

6.1         Right of Way Easement Over Reserve, Lot 3 DP 70169 NA26D/425, 69 Landing Road, Kerikeri

File Number:           A2930615

Author:                    Kaye Lethbridge, Property Legalisation Officer

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

 

Purpose of the Report

This report seeks approval from Council to grant an easement over a reserve (segregation strip) adjoining 69 Landing Road, Kerikeri.

Executive Summary

·        This 5 square metre reserve acts as a segregation strip between Landing Road and the applicant’s property at 69 Landing Road, Kerikeri. The purpose of the strip is to limit access onto Landing Road. 

·        This easement proposal is to legalise the existing formed driveway from Landing Road across the strip to the applicant’s property.

·        This report was presented to the Bay of Islands-Whangaroa Community Board twice 5 March and 4 June 2020.

·        At the 4 June meeting the Board agreed to let the report escalate to Council without a Board recommendation – Details are included in the background of the report.

 

Recommendation

That Council:

a)      in its role as administering body of the reserve and pursuant to its powers under Section 48 of the Reserves Act 1977, grants a vehicular right of way easement over the reserve held in NA26D/425 being Lot 3 DP 70169; and

b)      in its role as the Minister of Conservation’s delegate, consents to the granting of the aforementioned easement.

 

1) Background

The applicant, Mr John Henderson has obtained consent for a non-complying subdivision of his land at 69 Landing Road, Kerikeri.  Subdivision consent RC 2190722-RMACOM has been issued on the basis of alternative access to the existing house being provided as a condition of that consent. Mr Henderson would prefer to minimise costs and retain the current safe and functional access to the existing house, hence this easement application.

The roading engineers have advised they have no issues with legalising the current driveway.

This report was presented to the Bay of Islands-Whangaroa Community Board for consideration at their meeting on 5 March 2020 in which they resolved to leave the item to lie on the table. The report was then presented again at their meeting on 4 June 2020 for consideration after further information was provided. The Bay of Islands-Whangaroa Community Board requested that the report be considered by Council without a recommendation from the Board as they didn’t believe the report provided enough explanation for the Board to be comfortable recommending a change to the resource consent conditions.

2) Discussion and Options

Reserves Act 1977

This strip is subject to the Reserves Act 1977 (s 48 Grants of rights of way and other easements) which supersedes the repealed Reserves and Domains Act 1953.

Council has the power, by way of a ministerial delegation (under certain criteria), to approve the granting of an easement over a reserve and to set conditions providing these are consistent with the Reserves Act and Council policy.

Council has delegated to the Community Board, the authority to make recommendations in regard to the use of reserves which are not contemplated by an existing reserve management plan.  This delegation extends to existing uses of a reserve where effects of the use will be the same or similar in character, intensity or scale.

Public notification is a requirement under the Reserves Act 1977 however this can be waived if certain criteria are met i.e. if the reserve is vested in the territorial authority, if the reserve is not likely to be materially altered and the rights of the public in respect of the reserve will not be permanently affected.  In this case the existing driveway meets all these requirements therefore public notification is not required.

Option 1 

This is the recommended option: That the Bay of Islands-Whangaroa Community Board recommends that the Far North District Council grants a vehicular easement across Lot 3 DP 70169 NA26D/425 (the segregation strip).

Option 2

The Board declines the easement request.  However there appears to be no good reason for declining the request.

Reason for the recommendation

The easement proposal is to legalise the current driveway from Landing Road across a segregation strip (the reserve) to Mr Henderson’s property at 69 Landing Road.  No traffic or other issues have been identified with this access. 

3) Financial Implications and Budgetary Provision

There are no financial implications for the Council with this easement proposal as the applicant will meet all costs associated with creating and registering the easement.

Attachments

1.       Record of Title Under Land Tansfer Act 2017 NA26D/425 - A2875720

2.       69 Landing Road Existing Access - A2875732  


 

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 easement proposal has been considered under the Reserves Act 1977 and Council’s Reserves 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.

While this report has been submitted to two Community Board meetings it is presented to Council without a Community Board recommendation.

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 is no specific cultural significance attached to this easement proposal.

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.

A subdivision application has been approved RC2190722-RMACOM.

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

No costs to Council, applicant to cover all costs.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Ordinary Council Meeting Agenda

13 August 2020

 

PDF Creator


 

PDF Creator


Ordinary Council Meeting Agenda

13 August 2020

 

PDF Creator


Ordinary Council Meeting Agenda

13 August 2020

 

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

File Number:           A2919494

Author:                    Rob Koops, Property Services

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

 

Purpose of the Report

To obtain a resolution from Council to grant 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 the balance of the land a Recreation Reserve.

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 14 July 2020 and makes the following recommendation to Council.

 

Recommendation

That Council:

a)      grant 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)      authorise the General Manager Infrastructure & Asset Management to negotiate and agree the final terms and conditions of the lease.

c)      transfer ownership of the existing improvements to Fire and Emergency NZ for $1.00 and writes off the book value against retained earnings.

d)      proceed with 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.

e)      in its role as administering body of the Matai Bay Road recreation reserve and as the delegate for the Minister of Conservation, subject to the provisions of the Reserves Act 1977, grants and consents to a new lease of part of the Matai Bay Road recreation reserve being Lot 103  DP 54644 and part Record of Title NA4C/203. The term of the lease shall be:

i)       a term: 33 years without right of renewal.

ii)      approximately 2,467.5 square meters as highlighted on the plan attached as Attachment 1.

 

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 will 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 1977.

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. The Act allows for a lease term not exceeding 33 years.

Public consultation was undertaken from 15 May until 15 June and six submissions in support and nil submissions opposing the proposals have been received (Attachment 2).

Independent from the public consultation carried out by FNDC, Te Rūnanga-ā-Iwi o Ngāti Kahu discussed with FENZ the proposed upgrade to the Karikari Fire Station and resolved as follows:

THAT Te Rūnanga-ā-Iwi o Ngāti Kahu support Fire and Emergency New Zealand’s proposal to renew and upgrade the fire station building and facilities on the Karikari Peninsula

Lucy May Turua (Haititaimarangai Marae) / Professor Margaret Mutu (Karikari Marae)

KUA MANA

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 Peninsula.

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

2.       Submissions on ground lease of 28 Matai Bay Road to FENZ - A2905235

3.       Letter of support Haititaimarangi Marae - lease FNDC-FENZ Karikari - A2919480  


 

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 is 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.

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

This recommendation in this report is endorsed by resolution by Te Hiku Community Board.

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 and Hiatitaimarangi Marae support the proposal.

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.

Submissions as the result of public consultation are attached to this report.

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

13 August 2020

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Ordinary Council Meeting Agenda

13 August 2020

 

Submissions on ground lease of 28 Matai Bay Road to FENZ.

Total received: 6        

Against: 0         

In support: 6

Names and contact details of submitters have been withheld for privacy reasons.

 

1)    My wife and I are local Far North ratepayers, 45 Tokerau Beach Rd, we agree with the lease so a new fire station may be built.

2)    I support the 33 year lease for the fire department, however as flat community recreational space is limited in the area and the nearby community growing, I suggest that the access to the rest of the recreation area is kept fully open for the public (in accordance with the Act for recreational reserves). It would be great if some public play space was developed for youth and their caregivers there.

3)    An improved fire station is needed by the expanding community.  It is a safety thing.

4)    I own a bach in the area and support the fire station and their needs.  The area is at high fire risk and I want them to have whatever infrastructure they need to support their fire fighting efforts.

5)    The community needs to be supported by an updated fire facility given the constant high fire danger of the peninsular.  The fire station is also a community hub which brings pride to Whatawhiwhi and the wider community.

 

6)    Because they provide essential services and deserve a flash new building in my opinion! I'm very happy to hear this is in the works. Aroha mai I cannot meet in person, but I'm sure a rep from my Wi-Kaitaia or Stephens whanau will be there.


Ordinary Council Meeting Agenda

13 August 2020

 

PDF Creator


Ordinary Council Meeting Agenda

13 August 2020

 

6.3         Nothing But Net Far North Digital Strategy

File Number:           A2930340

Author:                    Ana Mules, Team Leader - Community Development and Investment

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

 

Purpose of the Report

To present the Nothing But Net Far North Digital Strategy to Council for adoption.

Executive Summary

·    There is an increasing reliance on digital and those without connectivity or the skills to use it risk getting further left behind.

·    The COVID-19 pandemic and resulting nationwide lockdown further exposed the digital divide across Northland.

·    This digital strategy & action plan was developed with input from internal and external reference groups and the public via a digital campaign called Nothing But Net.

·    The strategy recommends immediate actions to address the digital divide in the Far North.

·    The Strategy and Policy Committee considered this report at their meeting on 30 July 2020 and makes the following recommendation to Council.

Recommendation

That Council

a)      adopt the Nothing But Net Far North Digital Strategy and commits to delivering on the actions in the plan as part of the 2021-2031 Long Term Plan.

b)      note that a progress update report be provided to the Strategy and Policy Committee, in alignment with the 2022/2023 Annual Plan to track progress.

 

 

Background

The digital divide is the gap between those who have connectivity and the skills to use it and those who do not. It is the result of inadequate or lacking digital infrastructure, difficulties in access and affordability, poor digital literacy and capability and relevance. The COVID-19 pandemic and resulting nationwide lockdown has further exposed the digital divide across Northland.

In response to the digital challenges faced by our communities in lockdown, and while connectivity and digital skills were top of mind, staff considered it an opportune time to start a conversation about how we could become a more digitally enabled district. Using co-design methodologies and a new and innovative online engagement tool (Video Ask), people were asked a series of questions that linked the 4 wellbeing’s and digital connectivity.

Called ‘Nothing But Net’, engagement ran for a 2-week period (1 May - 15 May) and 118 full and complete responses (i.e. all 9 questions answered) were submitted over this time. Hundreds more submitted answers to a few questions only or simply ‘clicked through’ to find out more. There were well over 1000 individual responses in total.

In addition to the qualitative data collected through Nothing But Net, the Northland Digital Enablement Group’s annual Broadband Speed Test Surveys (2016-2020) provide quantitative data on broadband speeds and insight into ongoing infrastructure challenges. Both these pieces of work actively involved key stakeholders, enabling and empowering the people affected by the issues to contribute to developing the solutions, and they have helped inform this piece of work, the Nothing But Net Far North Digital Strategy.

The ‘Nothing But Net’ strategy and action plan is a 3.5 year plan that that will be used to support our district’s digital future by directly addressing the digital divide. Internal and external reference groups have been established to provide feedback and guidance and care has been taken to ensure Nothing But Net meets the immediate needs of our communities. 

The strategy content and structure is a direct result of community contributions and an external reference group of industry professionals. The final draft was presented back to all contributors for refinement. This iterative, co-design process has ensured the resulting document is fit for purpose and reflects the ideas and aspirations of our communities.

Discussion and Next Steps

Eliminating the digital divide in the Far North will take many hands but with a strategy, organisations and individuals can work together towards the shared goals of ensuring that everyone is empowered by digital technology, our economy is supported, and no one is left behind.  

Staff ask that Council adopts the Strategy and commits to delivering on the actions in the plan as part of the 2021-2031 Long Term Plan.

When submitted to the Strategy and Policy Committee. The Committee requested that a progress report in alignment with the 2022/23 Annual Plan process (approx. 18 months). The report to Council includes that in the recommendation to formally note this.

Financial Implications and Budgetary Provision

There are no financial implications.

Attachments

1.       NBN Final Version Strat and Policy Committee 3 July 2020 - A2912339  


 

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 degree of significance. Initiatives/budget items allocated as a result of the strategy may be considered significant but this will happen as part of Long Term or Annual Planning.

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

Legislatively, this strategy speaks to community wellbeing and the purpose of local government.

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

District-wide relevance. Community Board views have not been sought. An external reference group of industry professionals contributed significantly.

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.

Targeted engagement with iwi/hapu was not carried out in the development of the strategy but iwi leaders were provided with a copy of the draft and their feedback invited.

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.

Digital connectivity is an issue that attracts a lot of attention in the Far North. Almost every household will be affected by the outcomes of this strategy once it has been implemented.

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

None. Future costs for the implementation of the strategy will be taken through long term and/or annual planning processes.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 


Ordinary Council Meeting Agenda

13 August 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


Ordinary Council Meeting Agenda

13 August 2020

 

6.4         Kerikeri Sports Complex Proposed Playground

File Number:           A2878825

Author:                    Jeanette England, Assets Manager - District Facilities

Authoriser:             Andy Finch, General Manager - Infrastructure and Asset Management

 

Purpose of the Report

To seek approval from Council for the Kerikeri Sports Complex Incorporated to build a new playground at the Kerikeri Sports Complex.

Executive Summary

·        Kerikeri Sports Complex Incorporated (KSCI) applied to the Bay of Island-Whangaroa Community Board (BWCB), through their Local Community Grant Fund, for funding for a Stage 1 – Consultation and Design Business Plan for a new playground (refer attached Application Form and Report).

·        The BWCB granted $10,000 for this purpose, resolution 2019/102 refers.

·        Under the Community Board delegations, the BWCB now provides a recommendation to Council, in respect of this application, for the use of part of this reserve to install a playground, as it is not listed in the existing Reserve Management Plan (RMP).

 

Recommendation

That Council:

a)      approve Kerikeri Sports Complex Incorporated permission to build a new playground on a District Wide Significant Asset located at 71 Waipapa Road, Kerikeri.

b)      note the requirement for a monthly operational expenditure of $600 annually (GST exclusive) for the Community Services and Maintenance Contract, to be added to the 2021/2031 Long Term Plan.

 

1) Background

The KSCI attended the 23 September 2019 meeting of the Bay of Island-Whangaroa Community Board meeting to seek funding to pay for the Consultation and Design Business Plan for a new playground on part of the reserve land at 71 Waipapa Road, Kerikeri.

The KSCI is supported by the Kerikeri Netball Centre and Kerikeri Rugby Club and they are seeking approval to establish a new, purpose-built playground within the grounds at the Kerikeri Sports Complex. The playground is intended to become a valuable public asset for the Far North District. 

The primary target user groups include children scheduled to play netball or rugby on the grounds, and any siblings or other family spectators; children of adults who come to play either code and members of all ages of the wider community, particularly those located within walking, cycling, or short driving distance from the facility. However, community consultation is considered vital to ensure that the primary objective - use of the facility by a wide cross section of the community - is achieved. Without predetermining community feedback, in addition to providing entertaining and educational activities for children of all ages, the space could also be used for boot camp or other fitness groups through the inclusion of benches and other fixed fitness equipment.

The Kerikeri Sports Complex is listed as a District Wide Significant Asset, which requires the landowner to approve any improvements to this site. A Reserve Management Plan (RMP) is in place for this site; however this RMP has never been formalised under the Reserves Act 1977 and the playground is not listed in this RMP.

2) Discussion and Options

This project meets community outcomes in respect to “Communities that are healthy, safe, connected and sustainable” and “Proud, Vibrant Communities”.

Option 1

Do not approve this playground until such time as an RMP can be formalised under the Reserve Management Act 1977; however this is a protracted process requiring public consultation and is not recommended at this time.

Option 2

To approve the building of the playground in the location identified in the attached report. All costs associated with the building of this playground will be met by KSCI. This is the preferred option.

This playground, once built, will need to be added to Council’s fixed asset register and operating costs included in the 2021/31 LTP.

Reason for the recommendation

Staff do not have any objections to this playground being built and maintained to the Playground Safety standards and consultation with affected parties is undertaken prior to construction.

3) Financial Implications and Budgetary Provision

There are no capital costs to be incurred by Council. The estimated increased cost of maintenance and operations is $600 annually.

Attachments

1.       Kerikeri Sports Complex Incorporated Proposed Playground - A2878823  


 

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.

Communities that are healthy, safe, connected and sustainable and Proud, Vibrant Communities.

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 reserve is listed as “District Wide Significance” and the report includes a recommendation from the Bay of Islands-Whangaroa Community Board.

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 members of the Sports Codes running this project have undertaken consultation with users of the site.

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 playground should be designed to cater for persons with disabilities.

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

Financial implications for this playground will be a monthly operations cost of $50. This will be added to the 2021/31 LTP.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Ordinary Council Meeting Agenda

13 August 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

 


Ordinary Council Meeting Agenda

13 August 2020

 

6.5         Charges for Waste Water Treatment Houhora Heads Motor Camp

File Number:           A2920838

Author:                    Janice Smith, Chief Financial Officer

Authoriser:             Andy Finch, General Manager - Infrastructure and Asset Management

 

Purpose of the Report

To obtain approval from Council for unbudgeted capital expenditure of $86,000 to replace the sand required at the Houhora Heads wastewater treatment site.

To obtain a decision from Council on the fair distribution of the operational expenses for the wastewater treatment plant at Houhora Heads between FNDC and the Houhora Heads Motor Camp lessee.

Executive Summary

·        The Houhora Heads wastewater treatment facility serves both the Houhora Campground and Council owned public toilets.

·        Council has recently been made aware that the replacement of filtration sand at the Houhora Heads wastewater facility is required. No budget has been allocated in the Annual Plan.

·        Council is asked to approve unbudgeted capital expenditure of $86,000 to undertake this work.

·        In February 2020 Council resolved to grant a 21-year lease with right of renewal on the Houhora Heads campground at market rent.

·        The General Manager Infrastructure & Asset Management was authorised to negotiate the terms and conditions of the lease.

·        Houhora Heads Motor Camp cannot enter into a long-term lease until uncertainty over the future charges for wastewater treatment are resolved.

·        Council is asked to determine a fair proportion of outgoings for the cost of wastewater treatment for the Houhora Heads Motor Camp to ensure fair treatment across all motor camps in the district.

 

Recommendation

That Council

a)      approve unbudgeted capital expenditure of $86,000 to replace the sand in the filters at the Houhora Heads wastewater treatment site to enable the safe treatment of waste along with the cost of the dispose of the contaminated sand.

b)      agree that the Houhora Heads Motor Camp make annual contribution towards wastewater treatment at Houhora equivalent to the connected rate of the Kaitaia sewerage scheme.

c)      agree that future charges to the Houhora Heads Motor Camp are determined on this basis for the duration of the lease period.

 

1) Background

The objective of Council Policy #5020 Council Owned Campgrounds is “to ensure that Council-owned campgrounds are retained to provide an affordable coastal holiday experience while minimizing the cost to the ratepayer”.

Council owns campgrounds in Russell, Tauranga Bay and Houhora Heads. To encourage investment in the infrastructure expected in a modern campground, Council provides long term leases with rights of renewal where the lessee has demonstrated they wish to make further investment. To reduce confusion over the responsibility for maintenance and renewal of existing improvements on the campground, Council owned improvements are transferred to the lessee. Both the Russell and Tauranga Bay campgrounds have long term leases in place whereby all improvements are owned by the lessee.

In February 2020 Council resolved to grant a 21-year lease with right of renewal on the Houhora Heads campground and transfer ownership of its improvements to the lessee for $1.00.

6.7         Deliberations Houhora Heads Motor Camp Lease

Agenda item 6.7 document number A2827687, pages 95 - 99 refers

Resolution  2020/1

Moved:       Cr John Vujcich

Seconded:  Mayor John Carter

That:

a)      Council, subject to S54 of the Reserves Act 1977 grants a lease on Lot 1 & 2 DP 402482 Identifier 408100, to the current lessee Houhora Heads Motor Camp Limited and that the term of the leases shall be:

Initial Term:               21 years

Right of Renewal:     One further term of 21 years

b)      Council authorises the General Manager Infrastructure & Asset Management to negotiate final terms and conditions for such lease, which shall be on industry practise commercial terms, at market rent and in accordance with Council policy #5020 - Council-Owned Campgrounds.

c)      an additional clause be added to the lease agreement, stating that no further temporary living places (structures), as referred to in the Camping Grounds Regulations Act 1985, shall be erected without landlord approval, which shall not be unreasonably withheld.

d)      Council transfers ownership of its remaining improvements to the lessee for $1.00 and writes off the book value against retained earnings.

e)      Far North District Council, in its role as administering body of the Houhora Heads recreation reserve and as the delegate for the Minister of Conversation, subject to the provisions of the Reserves Act 1977, grants and consents to a new lease of the Houhora Heads recreation reserve being Lot 1 & 2 DP 402482, Identifier 408100 and comprising approximately 6.38ha of land to Houhora Heads Motor Camp Limited

f)       that the term of the lease shall be:

i)       Term: 21 years plus one Right of Renewal of 21 years

ii)      Area: Approximately 6.38ha being Lot 1 & 2 DP 402482 - Identifier 408100 as highlighted on the aerial plan attached as Attachment 2.

iii)     Further Terms & Conditions: standard industry practise commercial terms, at market rent to be determined by valuation.

Carried

 

 The General Manager Infrastructure & Asset Management was authorised to negotiate the final terms and conditions of the lease.

The Houhora Heads campground is connected to a wastewater treatment facility that is located some distance away from the campground and serves both the campground and the Council owned public toilets adjacent the campground and public boat ramp (Attachment 1 – Location map Houhora Heads). The facility is not considered a public reticulated wastewater disposal system and as a result no sewer rates are charged to the Houhora Heads campground.

Approximately 18 months ago, the Houhora Heads Motor Camp lessee approached Council in relation to the replacement of sand used in filters at the treatment facility for the site. It was identified that no maintenance or replacement of the sand had been done for some time and that it had reached the end of its life and the solution could fail. This was particularly concerning at the start of the last summer season and concerns were raised again to replace the sand.

The composition and grading of the sand are detailed in the design specification for the treatment facility. It has taken time to find a suitable replacement product as the original supplier is no longer in business.

The cost for disposal and replacement of the sand is approximately $86,000. This is not currently included in the capital budgets and approval for unbudgeted expenditure is therefore required.

Council staff estimate the ongoing operational cost of the wastewater treatment at approximately $70,000 per annum. Council staff have considered that ideally this cost should be shared between FNDC and the Houhora Heads campground based on flow rates of the public toilets and the campground toilets. However, in order to determine these flow rates measuring devices would have to be installed and monitored for a full year. This would be an additional cost over and above the cost indicated above.

It should be noted that the resource consent for the existing wastewater treatment expires in November 2025 however, it is not anticipated that any significant upgrades will be required.

In the Far North District three campgrounds are connected to a public reticulated wastewater disposal system. Campgrounds are an operational charge and capital rates for the first two pans and then a lower operational and capital rate per subsequent pan. The capital rates differ for each scheme.

The sewerage portion of the rates for these three camping grounds are as follows:

·    Russell Top 10 (23 toilets/pans) $14,107.73

·    Kerikeri Holiday Park (30 toilets/pans) $16,547.47

·    Whatuwhiwhi Holiday Park (7 toilets/pans) $3,441.06

 

Based on this formula and using the Kaitaia sewerage scheme charges the rates for the Houhora Heads Motor Camp (16 toilets/pans) would be $ 7,622.91 per annum.

2) Discussion and Options

Council Policy #5020 Council Owned Campgrounds states that Council wants to ensure that Council-owned campgrounds are retained to provide an affordable coastal holiday experience while minimizing the cost to the ratepayer.

In making its decision, Council must consider its policy objectives against the financial viability of the campground in this relatively remote location as well as the economic benefits it brings to the area.

Unbudgeted capital expenditure of $86,000 is required to replace the existing sand to ensure that the Council owned treatment facility continues to operate in accordance with the design specifications for the plant.

For the on-going operational and maintenance costs it is suggested that only “a fair proportion” of the cost to maintain the Houhora Heads wastewater treatment is charged to the campground. There are three potential options:

Option 1

Council could charge pro-rata, based on actual flow rates for the public toilets and the campground. However, measuring equipment would need to be installed and due to the seasonal nature of the usage it will take a full year of monitoring to determine these flow rates.

Option 2

Council could split the actual operational cost which is estimated to be $70,000 +gst per annum 50/50 with the campground. This is unlikely to be acceptable to the operator.

Option 3 (recommended)

Council could charge the equivalent of what the campground would pay in rates if was connected to a public reticulated wastewater disposal system. Based on the Kaitaia sewerage scheme and charges for 16 toilets/pans this would be $7,622.91.

Reason for the recommendation:

Unbudgeted capital expenditure

The required maintenance for the wastewater treatment solution has not been carried out for some time, and the funds needed to replace the sand in the filters have not been included in the Annual Plan. Additional unbudgeted expenditure of $86,000 is required in 2020/21. Finance have confirmed that this is a capital cost.  Wastewater Charges Campground

Option 3 ensures fair treatment across all campgrounds in the district.

Charges are based on the way campgrounds and other hospitality providers are rated and Council has the ability to change/increase these over time. It gives the campground operator a reasonable amount of certainty on the financial viability of the campground now and in the future. It will allow early resolution of the lease negotiations.

3) Financial Implications and Budgetary Provision

As the required maintenance for the wastewater treatment solution had not been carried out for some time, the funds needed to complete this work were not included in the Annual Plan. In order to return the site to the design specifications, additional unbudgeted capital expenditure of $86,000 is required in 2020/21. The required ongoing maintenance costs will be included in future budgets.

As Houhora does not have a reticulated scheme, the operational costs of the Houhora wastewater solution (which services the motor camp and the public toilets) are included in the district wide operating cost for wastewater. The inclusion of the balance of maintenance requirement for the Houhora treatment solution (based on Option 3 above) would increase the rate by $6.07 (GST inclusive).

Attachments

1.       Location Map Houhora Heads - A2924173  


 

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.

Policy 5020 – Council owned campgrounds.

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 views of the Community Board have not been sought.

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 specific to 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 campground operators have made it clear that to maintain financial viability the charges must be fair and reasonable.

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

Refer to Financial implications and Budgetary provision.

Chief Financial Officer review.

The Chief Financial Officer prepared this report.

 

 


Ordinary Council Meeting Agenda

13 August 2020

 

Location Map Houhora Heads.

Public toiletsCampgroundWastewater treatment plant

 


Ordinary Council Meeting Agenda

13 August 2020

 

6.6         Approval for an Agile Procurement Strategy

File Number:           A2925358

Author:                    Tania George, EA to GM - Infrastructure and Asset Management

Authoriser:             Andy Finch, General Manager - Infrastructure and Asset Management

 

Purpose of the Report

To seek approval for a more agile procurement strategy for the provision of professional services and construction services for the Infrastructure and Asset Management business unit.

Executive Summary

·        In 2018 staff received approval from Council to procure the services of a Professional Services Panel for the Infrastructure and Asset Management business unit.

·        The procurement environment has changed dramatically since that initial paper to Council was approved. This is mainly due to a change of Government Procurement Rules, the impact of COVID-19 and the central government economic recovery packages centered around Ministry of Business, Innovation and Employment (MBIE) funded projects.

·        Demand for professional services and construction services will be dramatically increased by the infrastructure driven economic recovery process.

·        Council staff seek approval to implement a more agile and efficient procurement strategy for the procurement of Professional Services and Construction Services.

·        Council staff seek approval to raise the Chief Executive Officers Financial Delegations to provide a more efficient response to market driven requirements.

 

Recommendation

That Council:

a)      delegate, to the Chief Executive Officer, the authority to Direct Award Professional Services contracts up to a value of $500,000 per contract for MBIE funded projects for a period of three years, effective 13 August 2020.

b)      delegate, to the Chief Executive Officer, the authority to award construction contracts for all MBIE funded projects for a period of three years, effective 13 August 2020.

c)      approve Agile Procurement Strategies for MBIE funded projects only, effective 13 August 2020.

d)      instruct the Chief Executive Officer to provide a quarterly information only report to the Council for MBIE funded procurement activity.

e)      review the efficiency and effectiveness of these strategies three years after approval.

 

1) Background

Infrastructure Assets Management is responsible for the effective management of existing and delivery of new infrastructure across the region.

In particular the capital works and renewals programme included within the Long-Term Plan, for 2020/2021- $60,000,000.

In addition to the capital works and renewals programme Far North District Council has applied for funding from the Crown Infrastructure Partners to gain funding for nineteen identified projects that the Infrastructure & Assets Management Team believe best fulfils the criteria, sixteen of these were fully compliant or very close to compliant, these include the following:

 

1.   Kaitaia Water Project (Sweetwater)

2.   Kaitaia Asbestos / Cement Pipe Replacement

3.   Mangonui Broadway Development

4.   Taipa Treatment Plant Upgrade

5.   Kerikeri Airport Extension

6.   Paihia Water Supply Project

7.   Waitangi & Haruru Pump Station Upgrades

8.   Te Hiku o te Ika Revitalisation - Paths and Walkway projects

9.   Kaitaia Flood Resilience Works

10. Enhanced Maintenance Programme

11. NM 10 Project – Kaikohe

12. Seal Extension Programme

13. Paihia Waterfront Development

14. High Risk Rural Roads Programme

15. Active Modes Programme

16. Ruapekapeka Road

 

and the following:

17. West Coast Road – Flood Resilience Works, Panguru

18. The Southern Animal Shelter Refurbishment

19. New Northern Animal Shelter Project

 

To assist the Infrastructure Assets Management Team in delivering projects effectively and in a timely manner, the table below highlights the required services that need to be sourced to assist with project delivery.

 

Professional Services Category

Required Services

Project Management

·    Programming

·    Tendering

·    Contract & Construction Management

·    Project Management

·    Probity Services

Technical Services

·    Asset Management

·    Condition Surveys

·    Geotechnical Engineering, Investigation and testing 

·    Structural Engineering

·    Monitoring, Surveillance & Quality Assurance

·    Quantity Surveyor / Cost Estimation

·    Scheme Assessment

·    Topographical Survey

·    Transport Engineering

Design Services

·    General Design services for 3 Waters, small building and facilities and roading

General Services

·    Peer Reviews

·    Planning & Consenting (including applications)

·    Public Consultation

·    Engineer to Contract & Engineer’s Representative

 

2) Discussion and Options

The procurement landscape has changed dramatically in a post COVID-19 environment. The demand for Professional Services and Construction Services throughout New Zealand will increase exponentially due to the central government Infrastructure lead economic recovery strategy.

 

The traditional procurement approaches such of a formal Professional Services Supplier Panel or traditional construction procurement methodologies may not be agile or flexible enough to secure Professional Services providers and Construction companies in a high demand, high velocity environment.

 

FNDC will be in direct competition with all other local government bodies and the private sector to secure providers in a very constrained market.

 

FNDC staff are seeking approval to temporarily increase the Delegated Financial Authority to the Chief Executive Officer and to adopt more agile procurement approaches to mitigate supply market risk.

 

The adoption of more agile procurement practices may result in a slight upward adjustment to the procurement risk profile however this is a minor risk consideration in comparison to the risk and impact of losing government funding due to the lack of agility in securing professional service and construction providers. This is a serious risk and could lead to the positive outcomes that may be delivered through this funding channel not be fully realised for the citizens and ratepayers of the Far North. This risk can be effectively mitigated through the engagement of external probity assurance services.

 

 

Professional Services

 

Option One (Preferred Option):

 

To enable faster, more agile approach to securing Professional Service providers, it is proposed to delegate, to the Chief Executive Officer, the authority to Direct Award Professional Services contracts up to a value of $500,000 per contract for a period of three years.

 

The traditional procurement approach of a formal Supplier Panel or individual competitive commissions will not be agile or flexible enough to secure Professional Services providers in a high demand, high velocity environment.

 

Option Two:

Maintain a traditional approach to the procurement of Professional Services which, in the current environment, may result in the risk of funding withdrawal, project delays or non-delivery of projects. 

Professional Services Procurement value exceeds $100,000 and is less than $500,000:

·    An offer of service i.e. quotation shall be sought from capable and willing professional services suppliers (shall engage the market in seeking three).

·    To determine best value for money: to benchmark against current FNDC rates and All of Government Consultancy Services rates as to ensure that a competitive tension remains.

·    All procurements shall have allocated budgets prior to engaging the market.

·    FNDC shall employ the New Zealand Standard contracts when sourcing professional services within the market.

·    Supplier performance will be assessed for each project.

 

Professional Services Procurement value exceeds $500,000

If the value of services exceeds $500,000, FNDC will refer to the standard procurement procedures as demonstrated within FNDC’s Procurement Manual.

 

 

 

 

 

Current FNDC’s Procurement Process

 

 

Dollar Value

Procurement Approach

Approval Mechanism

Approver

Under $100,000

Direct Award

Closed Tender to three known, willing and capable suppliers

 Open Market Tender Supplier Panel

 

 

Procurement Plan & Supplier Selection Recommendation Report

Delegated Financial Authority

$100,000 - $200,000

Closed Tender to three known, willing and capable suppliers Open Market Tender,

Supplier Panel

Procurement Plan & Supplier Selection Recommendation Report

Delegated Financial Authority

Above $200,000

Open Market Tender

Procurement Plan & Supplier Selection Recommendation Report

Delegated Financial Authority

 

General Manager of Infrastructure Asset Management can approve a direct award to the value of $100,000.

 

Construction Contracts

 

Option 1 (Preferred Option)

 

It is proposed to delegate the authority to award Construction Contracts tor MBIE funded projects to the Chief Executive Officer for a period of three years.

 

Procurement Plans for all MBIE funded construction projects will be approved by the relevant DFA or the Tenders Panel.

 

Reporting of completed procurements and contracts awarded will be made to the Council meeting on a quarterly basis.

 

As a progressive Council, we recognise the need to be agile with the ever-changing landscape across the nation and globally.  We understand that there are a significant amount of infrastructure projects that will land in our district over coming months, and the supplier market must be supported to help deliver these projects.  On the basis of building a strong partnership with our supplier base, we will explore options for agile procurement, whilst ensuring that we do this in a fiscally prudent and compliant manner.  

We envisage collaborating with our existing supply market to leverage the procurement opportunities that will arise through the COVID 19 recovery phase. Council will also need to look outside of our traditional supply markets to ensure that there is sufficient capacity to deliver the programme.

This will require a shift in thinking from the traditional procurement and “master/slave “contracting models to a focus on engaging Delivery Partners. Generating innovative outcomes will require different types of relationships and governance arrangements.

The attached documentation from MBIE provides guidance on Rapid Mobilisation for construction projects. The guidance has been developed to support economic and social recovery from COVID-19, in a way that also supports the Construction Sector Accord’s goals to transform the construction sector for the better. 

 

Construction and infrastructure projects have the potential to create jobs, develop skills, unlock businesses’ potential, support communities, enhance our built environment and help set New Zealand up for a sustainable and more inclusive future.

 

Possible Agile Procurement Strategies

 

·    Direct Award contracts for low risk, low complexity works up to a value of $1,000,000

·    Bundling of Works

·    Design/Construct

·    Early Contractor Involvement

·    Alliance partnering

·    Relational Partnering

·    Expression of Interest followed by shortlisted Competitive Dialogue

Standardised construction contracts with appropriate Special Conditions should be used where possible.

Option 2

Maintaining a traditional approach to the procurement of Construction Services which, in the current environment, may result in the risk of funding withdrawal, project delays or non-delivery of projectsReason for the recommendation

The procurement landscape has changed dramatically in a post COVID-19 environment. The demand for professional services throughout New Zealand will increase exponentially due to the central government Infrastructure Lead Economic Recovery Strategy.

The traditional procurement approach of a formal Supplier Panel or two stage procurement approach will not be agile or flexible enough to secure Professional Services providers in a high demand environment, high velocity environment.

FNDC will be in direct competition with other local government bodies and the private supply market to engage providers in a very constrained and volatile market.

3) Financial Implications and Budgetary Provision

It is anticipated that the total volume of professional services contracts to be channelled through this method will be in excess of $3 million per annum.

All procurements shall have allocated budgets prior to engaging professional services suppliers.

Construction spend will be dependent on central government funding allocation.

Attachments

1.       Construction Sector Accord Rapid Mobilisation Playbook - A2930773  


 

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.

FNDC Procurement Policy / Procurement Manual,

Financial Delegations Register.

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 issue is of 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.

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.

All projects will have allocated budgets prior to engaging professional services.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Ordinary Council Meeting Agenda

13 August 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


 

6.7         Remits for Consideration at the 2020 LGNZ AGM

File Number:           A2920655

Author:                    Aisha Huriwai, Team Leader Democracy Services

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

 

Purpose of the Report

To provide Council with an opportunity to consider its position on each of the remits for consideration at the 2020 Local Government New Zealand Annual General Meeting.

Executive Summary

·        11 remits are included for the 2020 LGNZ AGM agenda.

·        His Worship the Mayor will be attending the LGNZ AGM with voting rights on behalf of Far North District Council.

·        Adopted remits become LGNZ Policy.

·        The AGM is scheduled for 21 August 2020.

·        The Far North District Council vote is worth 5 votes in accordance with the LGNZ constitution.

 

Recommendation

That Council:

a)     agree the following stances to inform His Worship the Mayor’s vote for remits at the 2020 Local Government New Zealand Annual General Meeting:

1.

Public Transport Support

Abstain

2.

Housing Affordability

Support

3.

Returning GST on Rates for Councils to Spend on Infrastructure

Against

4.

Natural Hazards and Climate Change Adaption

Support

5.

Annual Regional Balance of Transfers

Against

6.

Local Government Electoral Cycle

Support

7.

Water Bottling

Abstain

8.

Quorum when Attending Local Authority Meetings

Support

9.

Use of Macrons by Local Authorities

Support

10.

Rates Rebates for Local Income Property Owners

Support

11

Local Governments CO2 Emissions

Support

 

b)     note that Deputy Mayor Court and Councillor Tepania will also attend the Local Government New Zealand Annual General Meeting as observers.

 

1) Background

Each year LGNZ calls for proposed remits to be considered at their Annual General Meeting. Nominating Councils must have endorsement from 5 other Councils. The AGM votes on these proposals and adopted remits become LGNZ Policy. Remits fall under the delegation of the Strategy and Policy Committee to consider. This report has been submitted directly to Council due to time constraints.

There were an additional 2 remits submitted. The LGNZ Remit Screening Committee has referred one of them to National Council for action rather than at the AGM and the second remit was declined. Remits can be referred directly to National Council if they are already part of the LGNZ work programme or are technical in nature.

His Worship the Mayor will be attending the LGNZ AGM and will be able to put forward the view of the Far North.

2) Discussion and Options

The proposed remits are briefly summarised in the table on the following page. Subject matter expert staff have provided comment and a recommendation on whether His Worship the Mayor should vote for or against each remit at the AGM.


Ordinary Council Meeting Agenda

13 August 2020

 

 

#

Remit

Requests

Vote

Why

1

Public Transport support

·         That LGNZ:

•     Acknowledges the Government for its recognition during COVID-19 of public transport as an essential service;

•     Acknowledges the strong financial support provided by the Government through Waka Kotahi NZTA during the COVID-19 Alert Levels, that enabled councils to continue to provide public transport for people providing essential services and transport for the public to receive essential services up to 30 June 2020;

•     Recognises that councils will continue to be under significant financial pressure to maintain the viability of public transport under current FAR rate settings for many months during the recovery phase from COVID-19; and

•     Calls on the Government to work with councils to maintain the financial viability of public transport during the recovery phase of COVID-19.

 

Abstain

NTA staff advise that a recent announcement from central government negates the need for this remit.

 

2

Housing Affordability

That LGNZ:

•     Calls on the Government to introduce legislation that would fully enable councils to address housing affordability in their communities through a range of value uplift and capture tools, one such tool being ‘inclusionary zoning’;

•     Seeks to establish a working group on affordable housing, comprising of relevant/affected councils, central government (MHUD, Kāinga Ora, MSD), iwi, and the community housing sector; and

•     Advocates to central government for an affordable housing National Policy Statement to be developed.

Support

·         Access to affordable housing is considered an issue in the Far North, however more study has to occur to understand the extent of the same in order to allow a considered response.  Generally, there is a shortage of rental housing, while home ownership remains unaffordable to many, particularly relating to broader concerns about equity.

·         FNDC will be supportive of enabling legislation which would remove barriers to creating affordable, starting with the provision for zoning.  However, FNDC questions the rationale for the development of yet another National Policy Statement, which would address a planning issue in isolation of its contextual influences, and which further complicate the implementation of non-integrated policy through local regulation.  Furthermore, FNDC has over recent months undertaken numerous studies to understand the need to provide for development capacities where local pressures exist to align extended zoning with the supply of local infrastructure to service such new developments.  Further costs will be incurrent in the implementation of yet another NPS to develop a comprehensive and compliant district plan; these costs will be passed on to ratepayers through required Council budgets. 

·         From an implementation point of view it is considered that New Zealand’s planning discussions must be framed in a manner that avoids the complication that numerous overlaid National Policy Statements bring to create local regulation. FNDC suggests the inclusion of affordable housing provisions through the Urban Development Capacity NPS, particularly in light of the Future Development Strategies (FDS) captured in that document.  FDS, or other mechanisms already available to local government such as structure plans or area plans, may contain policy to provide for housing mix that enables multi-family developments, apartments or row housing through to semi-detached developments and estate-style single family developments. Redevelopment plans may capture brownfield or infill development.

·         FNDC considers that provisions for inclusionary zoning or similar provisions should commence with the development of future development strategies or structure plans, i.e. planning tools which allow investors, developers and the community certainty of need and demand and how this will be best provided for.  Furthermore, such zoning provisions may have to be complemented with incentives or credits to enable in particular small lot or infill development to bring about greater density, particularly where large scale land assembly is constraint.

·         The proposal to have financial contributions vested to nominated housing land trusts and the implementation such would have to be further explained.   The contribution of funds has the potential to reduce cost competitiveness to those having to pay this contribution over and above that that is required to pay for infrastructure contributions, or the split in contribution will reduce the availability of such funds to infrastructure upgrades, which would be required to address the effects of increased density.

·         Overall, FNDC supports further studies which may result in the recommendation of a National Policy Statement to consider inclusionary zoning or alternative provisions.  FNDC would prefer for such provisions to be integrated with the NPS-Urban Development Capacity.   Should a National Policy Statement create discretionary requirements, we foresee potential issues with challenges to the Environment Court or weak and ineffective barriers to development.

3

Returning GST on Rates for Councils to Spend on Infrastructure

That LGNZ:

•     Request that the Government use the appropriate mechanisms to enable the 15 per cent Goods and Services Tax (GST) charged on rates be returned to councils to spend on local or regional infrastructure projects.

Against

It would be more practical to reduce the tax burden on the ratepayers by not having GST on rates at all. The Government should identify a more practical financial response to infrastructure issues that reflects each authorities situation rather than assuming that GST is sufficient.

4

Natural Hazards and Climate Change Adaptation

That central government undertakes, in collaboration with all of local government, a comprehensive review of the current law relating to natural hazards and climate change adaptation along New Zealand's coastlines, and coordinates the development of a coastline strategy for the whole of New Zealand which would cover: the roles and responsibilities of territorial authorities, regional councils and central government; greater direction on an integrated approach; and development of principles for “who pays”.

For

·         FNDC supports this remit. Natural hazards and climate change are complex issues with many functions and responsibilities not clearly laid out between District and Regional Councils, creating considerable inertia in understanding who will work with communities on managed retreat; hazard management is still very much a responsibility of regional councils while community planning lies with district councils.

·         Over the years, the legislative framework has changed substantially, particularly through the enactment of the Climate Change Response (Zero Carbon) Amendment Act however at this point in time there is insufficient direction as to how manage natural hazards and climate change adaptation, particularly as it relates to the funding and prioritization of projects.  Implementation guidance is limited to Coastal Hazards and Climate Change (2017), which forms the basis for DAPP approaches, but which are not mandatory. 

·         Statutory guidance for the development of a strategy is existing through the New Zealand Coastal Policy Statement, mandated through section 57 of the RMA. The NZCPS recognises that activities in the coastal environment are susceptible to the effects of natural hazards such as coastal erosion, flooding and tsunami and that some natural hazards will be exacerbated by climate change and will increasingly threaten existing infrastructure, public access and other coastal values as well as private property.  Policies 24 to 27 of the NZCPS direct a range of actions to identify and manage natural hazard risk in the coastal environment. In summary, the NZCPS seeks to ensure that coastal hazard risks, taking account of climate change, are managed by locating new development away from areas prone to such risks and considering responses, including managed retreat, for existing development in this situation; and protecting or restoring natural defences to coastal hazards.

·         District plans must give effect to Regional Policy Statements as required by Section 75(3) of the RMA The Northland RPS requires subdivision and land use (including development) to minimise the risk of natural hazards, with a particular focus on activities within flood plains and areas affected by coastal hazards.   As part of this process, the regional council have undertaken extensive assessment, identification and mapping of flood and coastal hazards within the region. Most of the flood mapping and most urban coastal settlements have been assessed within the Far North District, however there are still extensive stretches of the coastline and rivers that are yet to be assessed and mapped.

·         The current framework for the management of natural hazards and climate change set through the RMA is only triggered at the time of development, use or subdivision and is largely to do with how Councils will regulate within these natural hazard areas. Conditions of consent can include adaptation measures i.e. managed retreat, however this only deals with site specific development, rather than a wider community context where adaptative management approaches need to be considered. This framework also leaves the issue of roles and responsibilities (of territorial, regional or central governments); allocation of costs, liability; and adaptive management approaches unaddressed. For an effective process to be established the roles and responsibilities of each government level need to be identified and resourcing allocated at each level. Councils are at the coal face dealing with these issues, but in no way have the resources (people or money) to effectively address the issues.

5

Annual Regional Balance of Transfers

That LGNZ:

•     Work with Treasury, Statistics New Zealand and other government agencies to develop an annual regional balance of transfers to show how much each region contributes in taxes and how much each region receives in government funding.

Against

This is more work for the local authorities and I am not sure there is any benefit.

6

Local Government Electoral Cycle

That the local government electoral cycle be extended from three to four years.

For

This remit was supported by the Far North District Council at the Zone One meeting where it was tabled (25th May 2020).    The pros and cons to extending the electoral cycle are well articulated and would therefore ensure robust analysis is undertaken if the remit is adopted by the LGNZ AGM.

7

Water Bottling

That LGNZ works with the Government to:

1.   Place a moratorium on applications to take and/or use water for water bottling or bulk export;

2.   Require and enable regional councils to review inactive water bottling consents, with a view to withdrawal of the consent and discourage consent ‘banking’;

3.   Undertake an holistic assessment of the potential effects of the current industry, its future growth and the legislative settings that enable Councils to effectively manage those effects; and

4.   Initiate a comprehensive nationwide discussion on the issue of water bottling and implement any changes to legislation and policy settings as required.

Abstain

Consent ‘banking’ of all types is discouraged.

The RMA is the appropriate tool to consider the effects of activities on the environment (including people).

There are no known consents for water bottling in the Far North.

We support a holistic assessment of potential effects (positive and negative)

We support a comprehensive nationwide discussion on the issue.

8

Quorum When Attending Local Authority Meetings

That LGNZ:

•     Requests central government amend legislation to enable elected or appointed members, connecting remotely to a public council meeting, be included in the quorum.  This would provide an option for local authority meetings to be held completely remotely, if required.

Support

Agree that in principle this provides greater flexibility for members to attend in extenuating circumstances and ensures that no meetings lapse due to lack of quorum.    

9

Use of Macrons by Local Authorities

That LGNZ:

•     Work with central government to put in place a simplified process for the addition of macrons to council names if requested by that council or its community.

Support

This remit does not affect the Far North District Council. However we are not opposed to LGNZ working with central government to further investigate the issue of correct use of Te Reo Māori.

10

Rates Rebates for Low Income Property Owners

That the Government lift the level of rates rebates available for low and fixed income property owners – with yearly increases taking into account the cost for inputs into local government services.

Support

This would support our most affected communities and residents

11

Local Government CO2 Emissions

That the Government implement an independent scheme, based on the United Kingdom model operated by the Department of Business, Energy and Industrial Strategy, to measure and report on carbon emissions at a district level.

Support

·         FNDC do currently not have enough experience in this field.  However, we believe that FNDC should support this remit from a common-sense point.  In addition, the development of a District-wide carbon footprint is discussed in FNDC’s climate change roadmap, which is seeking considerable funding to proceed with carbon footprint assessments.  To enable clear benchmarking, FNDC supports the development of a national standard to assess district-wide carbon emissions to arrive at meaningful nationwide reporting.


Ordinary Council Meeting Agenda

13 August 2020

 

Reason for the recommendation

To allow Council to determine its position on each remit for His Worship the Mayor to put forward at the LGNZ AGM.

3) Financial Implications and Budgetary Provision

There are no financial implications in endorsing (or not), remits at the LGNZ AGM. There is a cost in members attending the meeting in Wellington, however these costs are already covered within existing operational budgets.

Attachments

1.       2020 AGM Remits - A2930854  


 

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 is 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.

The purpose of the remits is to propose that national policies be guided to enable local authorities.

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 views of the Community Boards have not been sought.

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 proposed remits are the start of a longer process that, if necessary, should include consultation with 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 identified persons affected in the process of this report. The timeframes for the remit process is tight which restricts Councils ability to engage or consult on any of these matters at this stage.

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 as a result of this report.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Ordinary Council Meeting Agenda

13 August 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

 


Ordinary Council Meeting Agenda

13 August 2020

 

6.8         Voting System for 2022 and 2025 Local Body Elections

File Number:           A2897009

Author:                    Caroline Wilson, Manager - District Administration

Authoriser:             Jaime Dyhrberg, General Manager - Corporate Services (Acting)

 

Purpose of the Report

Council must decide the electoral voting system to be adopted for the next two local body elections (2022 and 2025). 

Executive Summary

·        Council has the option to select between two voting systems - First Past the Post (FPP) and Single Transferable Vote (STV).

·        Council has retained FPP for many years.

·        Council has signalled a preference to change to STV.

·        A survey of our communities has resulted in 637 votes - 231 in favour of First Past the Post and 406 in favour of Single Transferable Voting.

·        Any decision made on voting system will be in effect for the next two triennial local body elections.

 

Recommendation

That Council adopt Single Transferable Voting as Far North District Council electoral voting system for the 2022 and 2025 local body elections.

 

1) Background

The Local Electoral Act 2001 (LEA) gives each local authority the opportunity to review the electoral system to be used for the election of Members.

Every three years, a local authority is required to consider which electoral system (First Past the Post (FPP) or Single Transferable Voting (STV) best suits its community.   If it decides to change the electoral system from that used at the last triennial election, or retain the same electoral system as used at the last triennial election, the local authority must give public notice of the right of the community to demand a poll on the issue.

Council resolved in 2014 to use the First Past the Post (FPP) electoral system which remains in force for the two subsequent local body elections, being 2016 and 2019.  This system is used by two of the three territorial authorities and the Regional Council in the Northern region.

A breakdown of voting systems used across New Zealand is as follows:

·    67 of 78 Councils used FPP in the 2019 local body elections

·    11 of 78 Councils used STV in the 2019 local body elections

·    STV has been mandatory for District Health Boards (DHB) election since 2004. Territorial authorities are currently required to conduct the DHB elections on their behalf.

A small engagement activity occurred during the month of July to ascertain community feedback on preferences for voting systems.  This feedback is collated in Attachments 2 and 3 and has been redacted to protect the privacy of those who participated in the survey.  There were 637 valid responses received, with 231 preferring First Past the Post and 406 preferring Single Transferable Voting.  

Members workshopped the Representation Arrangements on the 24th June 2020.  Most members at the time indicated a preference to change to the STV electoral voting system.

2) Discussion and Options

Council has, in the past, resolved to use the FPP electoral system which is also used by both Whangarei District and Northland Regional Councils.  This form of voting is used in parliamentary elections and by most local authorities throughout New Zealand.  Electors vote by indicating their preferred candidate(s) and the candidate(s) who receives the most votes is declared the winner, regardless of the proportion of votes that candidate(s) obtained.

The other option is STV which must be used in DHB elections and has been re-adopted for the 2019 Kaipara District local body elections.  With this system, electors rank candidates in order of preference. The number of votes required for a candidate to be elected depends on the number of positions to be filled and number of valid votes.

There is no one perfect system and both have their advantages and disadvantages. 

A fuller explanation of both electoral systems is provided in the attached Local Government Electoral Option 2008 (Attachment 1).  Although this guide was prepared in 2008 the explanations about the two electoral systems remain current and contains examples of how voting works to assist members in making their decision.

Option 1

Retain First Past the Post (FPP)

First Past the Post is a ‘plurality’ electoral system.  This means that to get elected a candidate must win the most votes, but not a majority of the votes. In multi-member constituencies, like local government elections, voters cast multiple votes. This means that one voter can help to elect multiple candidates to represent him/her, and another voter may not elect any candidate to represent him/her. As a plurality system, many votes can be ‘wasted’ in FPP elections; ‘wasted’ votes do not help to elect a candidate. FPP is often described as a simple system for voters to use, but it is widely recognised as producing disproportional results - that is results that do not reflect the preferences of the broad community of voters.

FPP has been in use by this Council for many years and is familiar to our electorate as is also used for parliamentary elections.  It is used by the majority of Councils across New Zealand.  Of the 637 votes cast, 231 were in favour of First Past the Post for reasons generally of it being simple to understand and being a fairer system.

Option 2

Change to Single Transferable Vote (STV)

Single Transferable Voting is a ‘proportional’ electoral system.  This means that to get elected a candidate must win a proportion of the overall votes cast (or ‘meet the quota’). In multimember constituencies like local government elections, a voter casts a single vote by ranking his/her preferred candidates. That single vote can transfer according to the voter’s preferences to ensure that the voter has a good chance of helping to elect one candidate to represent the voter. As a proportional system, STV minimises ‘wasted’ votes; in other words more votes help to elect candidates. STV is often described as a complex system for voters to use, but it is widely recognised to produce proportional results that reflect the preferences of the broad community of voters.

Of the 637 votes cast, 406 were in favour of Single Transferable Voting for general reasons of being fairer, better and more representational.   There was also a desire from members to try something different for the following two local body elections.  On the basis of the survey results and the elected members desire to try something different, this is the preferred option.

Reason for the recommendation

To adopt the electoral voting system to be used in the following two local body elections.  Council must make its decision by 12 September 2020 and a public notice of the decision must be advertised by 19 September 2020. 

3) Financial Implications and Budgetary Provision

There are no financial implications as a result of adopting either system.  There is negligible difference in the costs between the two voting systems in terms of managing the election processes.

Attachments

1.       Local Government Electoral Option 2008 - A2919822

2.       Which voting system - overview of results as at 28072020 - A2929596

3.       Which Voting System Results as at 28072020 - Master Results Redacted (PDF) - A2929539  


 

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 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.

Local body elections are governed by the Local Electoral 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.

Voting has 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.

There are no particular 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.

There are no particular implications identified.

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

There are no financial implications as a result of changing systems.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Ordinary Council Meeting Agenda

13 August 2020

 

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

13 August 2020

 

Results

631 complete submissions online -2 test / -3 anomalies (pref not clear) = 626 total submissions online

11 hard copy submissions

TOTAL: 637 submissions

For FPP: 231
For STV:  406

·                     NOTE: Due to a delay in the release of the rates invoice, which included a promotion of the survey, the survey was extended for one week, closing midnight Tuesday 28 July. There were an additional 22 votes for FPP and 22 votes for STV. There were another 7 hard copy submissions, of which 5 supported FPP and 2 supported STV.

Main reasons for choosing FPP (231)

·    79 submitters chose FPP because it is simple and easy to understand

·    21 submitters gave the “one vote” reason for choosing FPP (as opposed to ranking)

·    20 submitters used the word “fair” or “fairer” in their reasoning for choosing FPP

·    19 submitters chose FPP because they don’t like STV

·    8 submitters gave straightforward results as their main reason for selecting FPP

·    2 submitters felt there would be better turnout

·    3 submitters chose FPP because it is familiar (these could be combined with “simple” category – doubles up with “easy to understand”)

·    7 people said there was no need for change

·    4 submitters say FPP is more honest

·    2 say it is more democratic

·    18 submitters did not give a reason

·    Remainder just said FPP is better

Main reasons for choosing STV (406)

·    139 submitters use the word “fair” or “fairer” in their reasoning for choosing STV

·    51 submitters gave reasoning that was that STV was just generally “better”

·    43 people reference STV as being more democratic or representational

·    33 submitters main reason for choosing STV is because their vote will not be wasted

·    25 people say STV better reflects support for candidate or the views of the electorate

·    14 submitters use increased diversity of candidates/representation as their reason

·    11 submitters say that the ability to ranking candidates is the reason for their choice

·    10 submitters use “change” as their reason for voting for STV

·    7 submitters explicitly reference current representation as the driver for choosing STV

·    6 submitters chose because it wasn’t FPP

·    5 submitters mention “balance”

·    3 mention that it might encourage voter turnout

·    2 reference better Māori representation as reason for their choice

·    24 people did not leave a reason for their choice

·    Remainder just said STV is better

AGE Demographic

·                     Indicative percentages below (excludes a small number who did not give an age)

·                     Age

·                     FPP

·                     STV

·                     18-24

·                     2.5%

·                     1%

·                     25-34

·                     4.5%

·                     5%

·                     35-44

·                     10%

·                     12%

·                     45-54

·                     20%

·                     13%

·                     55-64

·                     23%

·                     23%

·                     65-74

·                     32%

·                     31%

·                     75+

·                     7.5%

·                     13%

 


Ordinary Council Meeting Agenda

13 August 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