Agenda of Regulatory Compliance Committee Meeting

	Authorising Body	Mayor/Council
	Status	Standing Committee
COUNCIL COMMITTEE	Title	Regulatory Compliance Committee Terms of Reference
	Approval Date	19 December 2019
	Responsible Officer	Chief Executive

Purpose

The purpose of the Regulatory Compliance Committee (the Committee) is to implement and monitor regulatory compliance and statutory matters on behalf of the Governing Body. The Committee will conduct hearings (except those under the Resource Management Act 1991) and undertake any functions as requested or delegated by Council from time to time provided the functions conform to the Local Government Act 2002.

The Committee will have functional responsibility for the following aspects:

· Hearings (excluding RMA and DLC)

· Regulatory activities

· Regulatory policies and bylaws

· Regulatory compliance

· Mana Whakahono

To perform his or her role effectively, each Committee member must develop and maintain his or her skills and knowledge, including an understanding of the Committee’s responsibilities and key legislation.

Delegations

The Regulatory Compliance Committee shall have the following delegated powers and be accountable to Council for the exercising of these powers. In exercising the delegated powers, the Regulatory Compliance Committee will operate within:

· policies, plans, standards or guidelines that have been established and approved by Council;

· the overall priorities of Council;

· the needs of the local communities; and

· the approved budgets for the activity.

Power to Delegate

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

Membership

The Council will determine the membership of the Regulatory Compliance Committee.

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

When the Regulatory Compliance Committee is meeting as a Hearing Committee, the Chairperson and a majority of the Committee members must be accredited commissioners under the relevant Act.

When the Regulatory Compliance Committee is meeting as a Hearing Committee, the Chairperson shall hold the ‘chair certification' as per the Act.

The Committee membership for each hearing shall be appointed by the Chairperson of the

Regulatory Compliance Committee together with the Chief Executive and will normally comprise the core Regulatory Compliance Committee members.

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

Mayor Carter

Kelly Stratford – Chairperson

Dave Collard – Deputy Chairperson

John Vujcich

Rachel Smith

David Clendon

Ann Court

Belinda Ward

Adele Gardner

Non-appointed councillors may attend Regulatory Compliance Committee (but not Hearings) with speaking rights, but not voting rights.

Quorum - Committee

The quorum at a meeting of the Regulatory Compliance Committee is 4 members.

Frequency of Meetings

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

Committees Responsibilities

The Committees responsibilities are described below:

Hearings, Objections and Appeals

· Conduct hearings, as delegated by Council, in accordance with the relevant legislative and policy requirements (excluding Resource Management Act and District Licensing)

· Approve and monitor Council’s list of hearing Commissioners for Resource Management Act and District Licensing hearings.

Regulatory Activities

· Assess and provide advice to Council on level of service and policy issues relating to:

o regulatory matters; and

o provision of services

· Reviewing and making recommendations to the Chief Executive in respect to functions and activities within the purpose of the Committee regarding codes of practice.

Policies and Bylaws

· Recommend the development and review of Council’s regulatory policies and district bylaws

· Make a recommendation where in a bylaw the Council has specified that a matter be regulated, controlled or prohibited by the Council by resolution (eg dog areas under the dog control bylaw, speed limits)

Compliance

· Ensure that Council’s planning and regulatory functions comply with legislative requirements and Council policy and processes

· Monitor operational functions comply with legislative requirements and Council policy

o BCA (building consents)

o RMA (resource consents)

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

· Receive traffic light reports on regulatory compliance (policy, plans, functions and bylaws) such as:

o District Plan (when proposed)

o Building Act

o Resource Management Act

o Licences (various acts)

o Animal management

Mana Whakahono-ā-Rohe (Mana Whakahono)

· Monitor regulatory matters arising from Mana Whakahono under the Resource Management Act 1991.

The committee seeks to foster and encourage participation and engagement with constituents.

HEARINGS, OBJECTIONS AND APPEALS

Regulatory Compliance Committee, meeting as a Hearing Committee

The Regulatory Committee, when meeting as a Hearing Committee, shall be delegated authority to hear and determine matters as follows:

Public Works Act 1981

Public work requirements.

Local Government Act 2002

Objections against the construction of public works on private land.

Local Government Act 1974

Objections and appeals to road stopping proposals.

Fencing of Swimming Pools Act 1987

Applications for exemption, waiver or compliance.

Delegated decisions

· Requests for review or objections to delegated decisions by the Committee and/or delegated officers.

· Appeals against decisions made by officials acting under delegated authority in accordance with approved Council Policy.

Dog Control Act 1996

Objections.

Gambling Act 2003, Health Act 1956 and Building Act 2004

Hearings, objections and related matters.

And any other such matters as required under the legislation (but not Resource Management Act or the Supply and Sale of Alcohol Act for matters outside the district licensing committee).

Rules and Procedures

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

Annual reporting

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

REGULATORY COMPLIANCE COMMITTEE - MEMBERS REGISTER OF INTERESTS

Name	Responsibility (i.e. Chairperson etc)	Declaration of Interests	Nature of Potential Interest	Member's Proposed Management Plan
Hon John Carter QSO	Board Member of the Local Government Protection Programme	Board Member of the Local Government Protection Program
Hon John Carter QSO	Carter Family Trust
Kelly Stratford (Chair)	KS Bookkeeping and Administration	Business Owner, provides book keeping, administration and development of environmental management plans	None perceived	Step aside from decisions that arise, that may have conflicts
	Waikare Marae Trustees	Trustee	Maybe perceived conflicts	Case by case basis
	Bay of Islands College	Parent Elected Trustee	None perceived	If there was a conflict, I will step aside from decision making
	Karetu School	Parent Elected Trustee	None perceived	If there was a conflict, I will step aside from decision making
	Māori title land – Moerewa and Waikare	Beneficiary and husband is a shareholder	None perceived	If there was a conflict, I will step aside from decision making
	Sister is employed by Far North District Council			Will not discuss work/governance mattes that are confidential
	Gifts - food and beverages	Residents and ratepayers may ‘shout’ food and beverage	Perceived bias or predetermination	Case by case basis
Kelly Stratford - Partner	Chef and Barista	Opua Store	None perceived
Kelly Stratford - Partner	Māori title land – Moerewa	Shareholder	None perceived	If there was a conflict of interest I would step aside from decision making
David Collard (Deputy Chair)	Snapper Bonanza 2011 Limited	45% Shareholder and Director
David Collard (Deputy Chair)	Trustee of Te Ahu Charitable Trust	Council delegate to this board
David Clendon	Chairperson – He Waka Eke Noa Charitable Trust	None		Declare if any issue arises
	Member of Vision Kerikeri	None		Declare if any issue arises
	Joint owner of family home in Kerikeri	Hall Road, Kerikeri
David Clendon – Partner	Resident Shareholder on Kerikeri Irrigation
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.
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
Rachel Smith (Partner)	Property Owner	Kerikeri
	Friends who work at Far North District Council
	Kerikeri Cruising Club	Subscription Member and Treasurer
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

Regulatory Compliance Committee Meeting Agenda

8 September 2020

4 Confirmation of Previous Minutes

4.1 Confirmation of Previous Minutes

File Number: A2942229

Author: Marlema Baker, Meetings Administrator

Authoriser: Aisha Huriwai, Team Leader Democracy Services

Purpose of the Report

The minutes of the previous Regulatory Compliance Committee meeting are attached to allow the Committee to confirm that the minutes are a true and correct record.

Recommendation

That the Regulatory Compliance Committee confirms that the minutes of the meeting of the Committee held 30 July 2020 are a true and correct record.

1) Background

Local Government Act 2002 Schedule 7 clause 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 meeting 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 meeting.

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. 2020-07-30 Regulatory Compliance meeting minutes - A2927454 ⇩

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 on 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.	This report is asking for the 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.

Regulatory Compliance Committee Meeting Agenda

8 September 2020

MINUTES OF Far North District Council
Regulatory Compliance Committee Meeting
HELD AT THE Council Chamber, Memorial Avenue, Kaikohe
ON Thursday, 30 July 2020 AT 1:00 pm

PRESENT: Cr Kelly Stratford, Mayor John Carter (HWTM), Cr Dave Collard, Cr David Clendon, Cr Rachel Smith, Cr John Vujcich, Bay of Islands-Whangaroa Community Board Chairperson Belinda Ward,

IN ATTENDANCE: Cr Felicity Foy, Te Hiku Community Board Chairperson Adele Gardner.

STAFF PRESENT: Dean Myburgh (General Manager – District Services).

1 Karakia Timatanga – opening prayer

Chairperson Kelly Stratford opened the meeting with a karakia.

2 Apologies and Declarations of Interest

Committee Resolution 2020/2

Moved: Cr Kelly Stratford

Seconded: Cr Rachel Smith

That apologies for absence be accepted from His Worship the Mayor and Deputy Mayor Court.

Carried

3 speakers

Neil Phillips – offering 10 million litres per hour of water from 4 springs on his property to FNDC to purchase.

4 Confirmation of Previous Minutes

4.1 Confirmation of Previous Minutes

Agenda item document number A2858162, pages 14 - 18 refers.

Committee Resolution 2020/3

Moved: Cr John Vujcich

Seconded: Cr Dave Collard

That the Regulatory Compliance Committee confirms that the minutes of the meeting of the Committee held 11 February 2020 are a true and correct record.

Carried

5 Information Reports

5.1 BCA Regulatory Compliance Update

Agenda item document number A2917374, pages 19 - 20 refers.

Committee Resolution 2020/4

Moved: Cr John Vujcich

Seconded: Cr Rachel Smith

That the Regulatory Compliance Committee receive the report Building Consents Authority (BCA) Regulatory Compliance Update.

Carried

5.2 Update on Annual Report for Dog Control Policy and Practices 2018/2019

Agenda item document number A2915683, pages 21 - 27 refers.

Committee Resolution 2020/5

Moved: Cr Kelly Stratford

Seconded: Cr Rachel Smith

That the Regulatory Compliance Committee notes the report Update on Annual Report for Dog Control Policy and Practices 2018/2019 as an Information Report.

Carried

Cr Foy left the meeting 1:55 pm and returned at 2:09 pm.

5.3 Environmental ManAgement: Food Licencing Update

Agenda item document number A2916751, pages 28 - 31 refers.

Committee Resolution 2020/6

Moved: Cr John Vujcich

Seconded: Cr Rachel Smith

That the Regulatory Compliance Committee receive the report Environmental Management: Food Licencing Update.

Carried

5.4 Regulatory Compliance Committee Update - Resource Consents

Agenda item document number A2916957, pages 32 - 38 refers.

Committee Resolution 2020/7

Moved: Cr John Vujcich

Seconded: Cr Dave Collard

That the Regulatory Compliance Committee receive the report Regulatory Compliance Committee Update - Resource Consents.

Carried

5.5 Update on Legislative Changes introduced by the Resource Management Amendment Act 2020

Agenda item document number A2917333, pages 39 - 44 refers.

Committee Resolution 2020/8

Moved: Cr Rachel Smith

Seconded: Cr Kelly Stratford

That the Regulatory Compliance Committee receive the report Update on Legislative Changes introduced by the Resource Management Amendment Act 2020.

Carried

6 Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Committee Resolution 2020/9

Moved: Cr Rachel Smith

Seconded: Cr John Vujcich

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
Confirmation of Previous Minutes - Public Excluded	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

Carried

At the conclusion of the public excluded discussion the meeting confirmed that the decisions and information would remain confidential.

7 karakia whakamutunga – closing prayer

8 Meeting Close

The meeting closed at 2:59 pm.

The minutes of this meeting will be confirmed at the Regulatory Compliance Committee Meeting held on 8 September 2020.

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

CHAIRPERSON

Regulatory Compliance Committee Meeting Agenda

8 September 2020

5 Information Reports

5.1 Building Compliance Update Report

File Number: A2941666

Author: Trent Blakeman, Manager - Building Services

Authoriser: Dean Myburgh, General Manager - District Services

Purpose of the Report

To provide an update on the current state of the work being completed by the Building compliance team regarding swimming pool inspections, Building Warrant of Fitness (BWoF) audits, and the statistics on Notices to Fix (NTFs) issued along with infringements and current and completed Certificate of Acceptance (CoA) applications.

Executive Summary

As part of the agreed Work Programme of the Regulatory and Compliance Committee, updates of statistics and trends related to matters that fall within the remit of the Building Compliance function are provided. The statistics for the 6-month period to July are included below with commentary.

In response to COVID-19 and the Creating Great Workspaces initiative, the Building Compliance team is embracing digital transformation and rollouts. Swimming pool inspections are now done electronically, building warrant of fitness checks are currently in testing and will be electronic from September 2020.

This digital transformation will not only lead to greater workplace efficiencies but will ensure our customers receive communication more quickly and efficiently, supporting a strategy of customer enabled compliance. These initiatives were progressed during the COVID-19 lockdown period.

Digital transformation will continue to be rolled out during the next period, with Certificates of Acceptance to be implemented during the next phase.

Recommendation

That the Regulatory Compliance Committee receive the report Building Compliance Update Report.

Background

The building compliance team conduct the duties required of a territorial authority under the Building Act 2004. Workstreams include building compliance, swimming pools, building warrant of fitness, certificate of acceptance and exemptions.

DiscussION AND NEXT STEPS

The statistics for the 6-month period to July are as follows:

Building Warrants of Fitness:

· 77 audits completed.

· 20 currently overdue.

COVID-19 has impacted upon the Council’s ability to conduct audits during the reporting period and has affected independent qualified persons’ ability to perform their service to building owners during this period. The Council has taken an educational and supportive approach to work with building owners and contractors to achieve compliance.

Certificates of Acceptance:

· Applications received - 44

· Certificates of Acceptance: issued - 25

There has been a steady stream of applications, largely driven by the sale and purchase of property and the result of investigations into illegal building works. The Council is working with agents to lift the quality of applications to facilitate a more streamlined process for the assessment and processing of applications.

Notices to Fix:

· Notices issued - 70

Dangerous Building Notices

· Notices issued - 4

Disappointingly, the District continues to experience a significant number of people building dwellings without the required building consents; this is reflected in the number of infringements issued during the reporting period.

The Council also successful prosecuted one property owner for a significant breach of the Building Act.

· Revenue from Infringements - $22,750

· Revenue from Prosecution - $16,500

Swimming Pool inspections

· Inspections conducted - 203

· Passed - 132 (65%)

· Failed - 71 (35%)

The team conduct swimming pool inspections as part of the tri-annual inspection requirement to ensure that all pools (including spa pools) in the district remain safe.

The current pass rate is consistent with previous periods and results in other Territorial Authorities.

Requests for Service

· Received - 424

· Closed - 391

Despite the COVID-19 restrictions, the Building Compliance team experienced similar requests for service compared with the same period last year. This was largely due to increased requests for information from building owners relating to navigating audits and inspections during the lockdown period. The lockdown period also provided a window of opportunity for property owners to carry out DIY work on their properties.

Financial Implications and Budgetary Provision

Nil

Attachments

Nil

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

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	Of low importance.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Building Act 2004; Building (Pools) Amendment Act 2016
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 importance
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	No specific implications
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.	Interest groups are; · landowners · swimming pool owners
State the financial implications and where budgetary provisions have been made to support this decision.	Nil
Chief Financial Officer review.	This report has been reviewed by the Chief Financial Officer

Regulatory Compliance Committee Meeting Agenda

8 September 2020

5.2 Annual Report on Dog Control Policy and Practices 2019/2020

File Number: A2940064

Author: Rochelle Deane, Manager - Environmemental Service

Authoriser: Dean Myburgh, General Manager - District Services

Purpose of the Report

That the Committee receives the Annual Report on Dog Control Policy and Practices 2019/2020

Executive Summary

Section 10A of the Dog Control Act 1996 requires each territorial authority to report on its dog control policy and practices and provide specific statistical information.

This report acts as a medium for this information and is an update on the progress and processes of the Far North District Council Animal Management services.

The attached report will be submitted to the Department of Internal Affairs and a link to the document will be made publicly available on the FNDC website.

Recommendation

That the Regulatory Compliance Committee receives the Annual Report on Dog Control Policy and Practices 2019/2020.

Background

The Dog Control Act 1996 requires all territorial authorities to report annually to the Department of Internal Affairs on their dog control activity. The information assists central government to assess national trends and developments. This requirement below came into place through the Dog Control Amendment Act 2003, which came into force on the 01 December 2003:

10A Territorial authority must report on dog control policy and practices

(1) A territorial authority must, in respect of each financial year, report on the administration of—

a) its dog control policy adopted under section 10; and

b) its dog control practices.

(2) The report must include, in respect of each financial year, information relating to—

a) the number of registered dogs in the territorial authority district:

b) the number of probationary owners and disqualified owners in the territorial authority district:

c) the number of dogs in the territorial authority district classified as dangerous under section 31 and the relevant provision under which the classification is made:

d) the number of dogs in the territorial authority district classified as menacing under section 33A or section 33C and the relevant provision under which the classification is made:

e) the number of infringement notices issued by the territorial authority:

f) the number of dog related complaints received by the territorial authority in the previous year and the nature of those complaints:

g) the number of prosecutions taken by the territorial authority under this Act.

(3) The territorial authority must give public notice of the report—

a) by means of a notice published in—

i. 1 or more daily newspapers circulating in the territorial authority district; or

ii. 1 or more other newspapers that have at least an equivalent circulation in that district to the daily newspapers circulating in that district; and

b) by any means that the territorial authority thinks desirable in the circumstances.

(4) The territorial authority must also, within 1 month after adopting the report, send a copy of it to the Secretary for Local Government.

Discussion and Next Steps

· All Dog Control functions are carried out in-house which includes field and shelter services. FNDC have a total of ten Animal Management Officers, including a Team Leader and a Senior Animal Management Officer. The Animal Management Team responds to all complaints from the public concerning dog behaviour and has categorised those complaints into ‘aggressive’ and ‘non-aggressive’. All aggressive concerns are investigated and actioned according to the Councils ‘Enforcement Action’ procedures and performance measures.

Responding to complaints (RFS)

There has been a total of 1908 dog control customer requests for service received over the 2019/2020 period. This is 257 less individual requests for service than the previous year.

Dog Registration

The number of known dogs in the district remains steady at 11,119. Of these 8,284 were registered for 2019/2020 period. This compares to 11,060 known dogs in 2018/2019 where 8,620 dogs were registered for that period.

Probationary and Disqualified Owners

There continues to be one Disqualified owner in the district and no Probationary owners.

Enforcement

There has been a total of 166 infringements issued for offences under the Dog Control Act 1996. This is down by 66 from the 2018/2019 year and is again reflective of less RFSs received, and the lock down period which did not allow the continuation of proactive work in the unregistered dog area.

There were five prosecutions for dog attacks over the year. This is a decrease from the previous year where there were 14 prosecutions.

Menacing and Dangerous Dogs

There is a total of 237 menacing dogs in the district; 201 of these dogs were menacing dogs under section 33C of the Dog Control Act 1996. These dogs were of American Pitbull Terrier type. There is only one classified dangerous dog in the district. This classification is a result of sworn evidence attesting to the aggressive behaviour of the dog.

Impounded Dogs

There was a total of 373 dogs impounded at the council animal shelter. Over 30% of impounded dogs were rehomed to Rescue Groups or adopted via the Council website.

Financial Implications and Budgetary Provision

There are no financial implications or other resource implications regarding this report.

Attachments

1. Annual Report for Dog Control Policy and Practices 2019-2020 - A2940059 ⇩

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

This table must be completed in full – keep your answers brief, as detailed consideration of these issues should form part of the body of your report.

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 – this matter does not meet the criteria/threshold for a matter 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.	Dog Control Act 1996 FNDC Dog Management Bylaw 2018 FNDC Dog Management Policy 2018 LTP Community Outcome: Communities that are healthy, safe, connected and sustainable.
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 Significance
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	No specific implications
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.	Department of Internal Affairs must receive a link to the report to assess national trends and developments. Public notification of the report that will be published on the FNDC website.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Regulatory Compliance Committee Meeting Agenda

8 September 2020

5.3 Update Report: Council Animal Shelter Projects

File Number: A2940730

Author: Rochelle Deane, Manager - Environmemental Service

Authoriser: Dean Myburgh, General Manager - District Services

Purpose of the Report

This report provides an update to the committee on the Animal Shelter Projects in the District.

Executive Summary

Section 67 of the Dog Control Act 1996 requires every Territorial Authority to make such provision as is necessary for the proper custody, care and exercise of dogs impounded, seized or committed to its custody under this Act and includes establishing, maintaining and operating a dog pound.

This report provides an update to the committee on the progress and future thinking for the Animal Shelters in the District. This is to ensure that our facilities, going forward, meet the health and safety of the Council staff who work there, provides for the welfare needs of the animals that are in our care, and meets the community’s requirements and expectations of a modern Animal Management facility.

Recommendation

That the Regulatory Compliance Committee receive the report Animal Shelter Projects Update.

Background

The Far North District Council has planned for the building and upgrading of two Animal Shelters in the district. These will be in Kaitaia (North) and Kaikohe (South) in order to service the entire community.

The site in the North has been identified and approved as the Council-owned land next to the Kaitaia Wastewater Treatment Plant on 303 Bonnetts Road, Kaitaia. The existing Kaitaia Pound will be decommissioned once a new facility is built.

A custom-built new design, meeting animal welfare standards has been approved. This facility can hold up to 12 dogs with the addition of a quarantine, puppy and night receiving area. Auxiliary facilities such exercising areas, quarantining facilities, veterinary and storage facilities are also included.

Since May 2017 Far North District Council have been using a temporary facility in Horeke for their Southern Dog Pound.

Far North District Council purchased an existing boarding kennel (Melka) 271 Ngapuhi Road, Kaikohe, for a permanent shelter for the South. Settlement for this property was 31st March 2020.

This existing facility also required upgrading to operate as a Council Shelter (Pound facility) before it could meet the Animal Welfare requirements, security and, staff health and safety. Expectations were that this shelter would be in use by the end of June 2020.

Budgets had been approved by Council for the Southern Shelter refurbishment ($200k) and for the Northern Shelter new build ($1.2 million).

The design and build work for both shelter projects have been delayed due to the Covid-19 lockdown periods and budget shortfalls.

Council has recently been awarded $1 Million for animal shelter projects through a successful bid for funding from the Provincial Development Unit (PDU) as part of the shovel-ready projects.

This extra funding will facilitate progress on the projects and the exploration for further opportunities to increase the levels of service that could be provided and change the perception of the community towards council run shelters.

Discussion and Next Steps

Northern Shelter

The replacement Animal Shelter in Kaitaia has been planned for a significant period and is now ready to be constructed and a contract awarded (a separate report with recommendations for awarding the contract) will be considered at the Infrastructure Committee on 9 September 2020.

The budget, $1,100,000 (plus 10% contingency) was approved at the Council meeting on 19 December 2019. However, new post-lockdown quotes indicated a shortfall in the budget. The additional funding of $1,000,000 for both the Northern and Southern Animal Shelters from the Provincial Development Unit has now provided an opportunity to award a contract and progress plans for the Southern Animal Shelter.

KPH Construction, a locally owned and operated Kaitaia based construction company was the sole tenderer for the project. Tender negotiations have resulted in a contract award price of $1,400,989.00

The approval recommendation to award the contract to KPH Construction Ltd is on the Infrastructure and Committee Meeting Agenda for 9 September 2020.

KPH Construction proposal is to commence work on Monday 14^th September 2020. The construction of the Northern Shelter is expected to take six months.

This will be a facility that the public can use for the complete end-to-end process for animal management related matters. The public can make payments for impounding, registration, microchipping and have dogs returned to them at one place.

Southern Shelter (Melka)

It was identified that the site and facility required improvement before being suitable for Council’s needs as an Animal Shelter. These improvements included:

· a permanent perimeter fence with lighting,

· improvement to the kennel runs to provide dog security and meet animal codes of welfare requirements,

· improvement to the dog exercise area.

Initial design work showed that that the full allocated budget for the planned development of the Melka kennels was insufficient to meet the current scope that had been provided by the District Services Team.

· The budget allocated to the project and approved by Council is $200,000.00. The estimated cost of delivering the current scope requirements is $600,000.00, giving an estimated shortfall of $400,000.00.

· The additional funding received from the PDU now provides an opportunity to explore further options for the Southern Shelter.

· This funding would facilitate the kennelling for ten dogs, together with the establishment of a facility that supports the rehoming of dogs and the education of dog owners.

· Additions would include access for agencies and the public to view dogs, increasing the return of dogs to owners and rehoming opportunities for adoptable dogs.

· Public would interact with Animal Management Officers on site, to discuss any dog behaviour or control issues they may have. There is also potential to run council-funded puppy/dog training classes.

· The facility would also provide an end-to-end process for animal management related matters. The public would have access to make payments for impounding, registration, micro-chipping and have dogs returned to owners.

· In order to provide these additional levels of service, the initial thinking is that the full site should be utilised rather than just a refurbishment of the current facilities.

This could include

- the removal of the current house from site, enabling full use of the property providing for the best placement of kennels (this removal of the house could provide revenue from is on sale)

- dismantling of current kennelling facilities

- the build of ten kennels with exercise yards using the design from the northern facility

- enrichment yards for adoptable dogs for interaction with potential new owners

- utilising current prefab for an office for staff and reception for visitors

- temperament testing area

- vehicle wash down

- Auxiliary facilities such quarantining facilities, veterinary and storage facilities.

Re-scoping and design work are currently underway for the site to see what can be accommodated within the new budget and within staged development options for the site.

Horeke Shelter

Despite not currently having a resource consent, the Horeke Shelter remains the preferred location in the short-term for housing the current dogs in our care as it is imperative that we have a facility meeting the welfare needs of the dogs and the health and safety of our staff. The current Kaitaia facility is being used as a backup if required for short-term stays since the Mangamuka Gorge closure.

While it is still Council’s intention to relocate from the temporary facility in Horeke, our timeframes are now extended. The planned construction of the Northern Shelter in Kaitaia aims to have a facility ready to receive dogs in early 2021.

As a result of these delays, an application for a retrospective resource consent for the FNDC Dog Shelter at Horeke has been reactivated.

Further conversations will be had with the neighbouring farmers with updated time frames when pre-application meetings are underway.

Deconstruction of the Horeke Shelter will make available materials for future use at the Southern (Melka) site.

Financial Implications and Budgetary Provision

Budgets approved by Council ($200K) for the Southern Shelter and (1.2 million) for the Northern Shelter. In addition, Council has been awarded a further $1 million for animal shelter projects through the Provincial Development Unit (PDU) as part of the shovel-ready projects.

Attachments

Nil

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

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 – this matter does not meet the criteria/threshold for a matter 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.	Dog Control Act 1996, FNDC Dog Management Bylaw 2018, FNDC Dog Management Policy 2018 LTP Community Outcome: Communities that are healthy, safe, connected and sustainable.
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 Significance
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	No specific implications
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.	FNDC Community (Dog Owners and Non-dog owners) MPI Provincial Development Unit
State the financial implications and where budgetary provisions have been made to support this decision.	Budgets approved by Council ($200K) for the Southern Shelter and (1.2 million) for the Northern Shelter. In addition, Council has been awarded a further $1 million for animal shelter projects through the Provincial Development Unit (PDU) as part of the shovel-ready projects.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Time:	1.00 pm
Location:	Virtually via Microsoft Teams