Agenda of Strategy and Policy Committee Meeting

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

Purpose

The purpose of the Strategy and Policy Committee (the Committee) is to set direction for the district, determine specific outcomes that need to be met to deliver on that vision, and set in place the strategies, policies and work programmes to achieve those goals.

In determining and shaping the strategies, policies and work programme of the Council, the Committee takes a holistic approach to ensure there is strong alignment between the objectives and work programmes of the strategic outcomes of Council, being:

· Better data and information

· Affordable core infrastructure

· Improved Council capabilities and performance

· Address affordability

· Civic leadership and advocacy

· Empowering communities

The Committee will review the effectiveness of the following aspects:

· Trust and confidence in decision-making by keeping our communities informed and involved in decision-making;

· Operational performance including strategy and policy development, monitoring and reporting on significant projects, including, but not limited to:

o FN2100

o District wide strategies (Infrastructure/ Reserves/Climate Change/Transport)

o District Plan

o Significant projects (not infrastructure)

o Financial Strategy

o Data Governance

o Affordability

· Consultation and engagement including submissions to external bodies / organisations

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 of the Council’s business, operations and risks.

Power to Delegate

The Strategy and Policy Committee may not delegate any of its responsibilities, duties or powers.

Membership

The Council will determine the membership of the Strategy and Policy Committee.

The Strategy and Policy Committee will comprise of at least seven elected members (one of which

will be the chairperson).

Mayor Carter

Rachel Smith – Chairperson

David Clendon – Deputy Chairperson

Moko Tepania

Ann Court

Felicity Foy

Dave Collard

John Vujcich

Belinda Ward – Bay of Islands-Whangaroa Community Board

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

Quorum

The quorum at a meeting of the Strategy and Policy Committee is 5 members.

Frequency of Meetings

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

Committees Responsibilities

The Committees responsibilities are described below:

Strategy and Policy Development

· Oversee the Strategic Planning and Policy work programme

· Develop and agree strategy and policy for consultation / engagement;

· Recommend to Council strategy and policy for adoption;

· Monitor and review strategy and policy.

Service levels (non regulatory)

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

Policies and Bylaws

· Leading the development and review of Council's policies and district bylaws when and as directed by Council

· Recommend to Council new or amended bylaws for adoption

Consultation and Engagement

· Conduct any consultation processes required on issues before the Committee;

· Act as a community interface (with, as required, the relevant Community Board(s)) for consultation on policies and as a forum for engaging effectively;

· Receive reports from Council’s Portfolio and Working Parties and monitor engagement;

· Review as necessary and agree the model for Portfolios and Working Parties.

Strategic Relationships

· Oversee Council’s strategic relationships, including with Māori, the Crown and foreign investors, particularly China

· Oversee, develop and approve engagement opportunities triggered by the provisions of Mana Whakahono-ā-Rohe under the Resource Management Act 1991

· Recommend to Council the adoption of new Memoranda of Understanding (MOU)

· Meet annually with local MOU partners

· Quarterly reviewing operation of all Memoranda of Understanding

· Quarterly reviewing Council’s relationships with iwi, hapū, and post-settlement governance entities in the Far North District

· Monitor Sister City relationships

· Special projects (such as Te Pū o Te Wheke or water storage projects)

Submissions and Remits

· Approve submissions to, and endorse remits for, external bodies / organisations and on legislation and regulatory proposals, provided that:

o If there is insufficient time for the matter to be determined by the Committee before the submission “close date” the submission can be agreed by the relevant Portfolio Leaders, Chair of the Strategy and Policy Committee, Mayor and Chief Executive (all Councillors must be advised of the submission and provided copies if requested).

o If the submission is of a technical and operational nature, the submission can be approved by the Chief Executive (in consultation with the relevant Portfolio Leader prior to lodging the submission).

· Oversee, develop and approve any relevant remits triggered by governance or management commencing in January of each calendar year.

· Recommend to Council those remits that meet Council’s legislative, strategic and operational objectives to enable voting at the LGNZ AGM. All endorsements will take into account the views of our communities (where possible) and consider the unique attributes of the district.

Fees

· Set fees in accordance with legislative requirements unless the fees are set under a bylaw (in which case the decision is retained by Council and the committee has the power of recommendation) or set as part of the Long Term Plan or Annual Plan (in which case the decision will be considered by the Long Term Plan and Annual Plan and approved by Council).

District Plan

· Review and approve for notification a proposed District Plan, a proposed change to the District Plan, or a variation to a proposed plan or proposed plan change (excluding any plan change notified under clause 25(2)(a), First Schedule of the Resource Management Act 1991);

· Withdraw a proposed plan or plan change under clause 8D, First Schedule of the Resource Management Act 1991;

· Make the following decisions to facilitate the administration of proposed plan, plan changes, variations, designation and heritage order processes:

§ To authorise the resolution of appeals on a proposed plan, plan change or variation unless the issue is minor and approved by the Portfolio Leader District Plan and the Chair of the Regulatory committee.

§ To decide whether a decision of a Requiring Authority or Heritage Protection Authority will be appealed to the Environment Court by council and authorise the resolution of any such appeal.

§ To consider and approve council submissions on a proposed plan, plan changes, and variations.

§ To manage the private plan change process.

§ To accept, adopt or reject private plan change applications under clause 25 First Schedule Resource Management Act (RMA).

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.

STRATEGY AND POLICY 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
Rachel Smith (Chair)	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
David Clendon (Deputy Chair)	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
David Collard	Snapper Bonanza 2011 Limited	45% Shareholder and Director
David Collard	Trustee of Te Ahu Charitable Trust	Council delegate to this board
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.
Felicity Foy	Director - Northland Planning & Development	I am the director of a planning and development consultancy that is based in the Far North and have two employees. Property owner of Commerce Street, Kaitaia		I will abstain from any debate and voting on proposed plan change items for the Far North District Plan.
				I will declare a conflict of interest with any planning matters that relate to resource consent processing, and the management of the resource consents planning team.
				I will not enter into any contracts with Council for over $25,000 per year. I have previously contracted to Council to process resource consents as consultant planner.
	Flick Trustee Ltd	I am the director of this company that is the company trustee of Flick Family Trust that owns properties Seaview Road – Cable Bay, and Allen Bell Drive - Kaitaia.
	Elbury Holdings Limited	This company is directed by my parents Fiona and Kevin King.	This company owns several dairy and beef farms, and also dwellings on these farms. The Farms and dwellings are located in the Far North at Kaimaumau, Bird Road/Sandhills Rd, Wireless Road/ Puckey Road/Bell Road, the Awanui Straight and Allen Bell Drive.
	Foy Farms Partnership	Owner and partner in Foy Farms - a farm on Church Road, Kaingaroa
	Foy Farms Rentals	Owner and rental manager of Foy Farms Rentals for 7 dwellings on Church Road, Kaingaroa and 2 dwellings on Allen Bell Drive, Kaitaia, and 1 property on North Road, Kaitaia, one title contains a cell phone tower.
	King Family Trust	This trust owns several titles/properties at Cable Bay, Seaview Rd/State Highway 10 and Ahipara - Panorama Lane.	These trusts own properties in the Far North.
	Previous employment at FNDC 2007-16	I consider the staff members at FNDC to be my friends
	Shareholder of Coastline Plumbing NZ Limited
Felicity Foy - Partner	Director of Coastline Plumbing NZ Limited
Felicity Foy - Partner	Friends with some FNDC employees
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
Belinda Ward	Ward Jarvis Family Trust	Trustee
	Kenneth Jarvis Family Trust	Trustee
	Residence in Watea
Belinda Ward (Partner)	Ward Jarvis Family Trust	Trustee and beneficiary
	Kenneth Jarvis Family Trust	Trustee and beneficiary
	Residence in Watea	Trustee

Strategy and Policy Committee Meeting Agenda

20 October 2020

5 Reports

5.1 Speed Limit Bylaw - Okaihau-Kaeo-Waimate North Review Area

File Number: A2951472

Author: Roger Ackers, Manager - Strategy Development

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

Purpose of the Report

The purpose of this report is to amend the Far North District Speed Limits Bylaw 2019 with the speed limits set by Council in the Okaihau-Kaeo-Waimate Review area and on Quarry Road, Kaitaia (Te Rangi Aniwaniwa School). And to set the date when the amendments to the Speed Limit Bylaw 2019 becomes operative and enforceable in the Okaihau-Kaeo-Waimate Review area.

Executive Summary

· On 21 May 2020 Council, in its capacity as the Road Controlling Authority in the Far North, adopted the speed limits as an outcome of the Okaihau-Kaeo-Waimate North speed limit review. This review also encompassed Quarry Road near Kaitaia (Te Rangi Aniwaniwa School).

· On 21 May 2020 Council also deferred the making of amendments to the Speed Limits Bylaw 2019 until the signage to make the new speed limits enforceable were ready to be installed.

· The Northland Transport Alliance has now confirmed 25 January 2021 as the date that the speed limits adopted on 21 May 2020 will become operative and therefore enforceable. The operative date is intended to allow the time required to install new signage and undertake any required engineering interventions to ensure the enforceability of the new speed limits.

· The Speed Limits Bylaw 2019 can now be amended with an operative date of 25 January 2021 for the speed limits adopted by Council as part of the Okaihau-Kaeo-Waimate North speed limit review.

Recommendation

That the Strategy and Policy Committee recommends Council

a) adopt the amended Speed Limit Bylaw in its capacity as a Road Controlling Authority, pursuant to Section 22AB(1)(d) of the Land Transport Act 1998 with an operative date of 25 January 2021.

b) authorises the Chief Executive to make any minor editorial corrections.

1) Background

Council is a Road Controlling Authority (RCA) within the Far North District and has a statutory role in managing the District’s local roads (except State Highways), including the setting of speed limits. This statutory role as an RCA is set out under the Land Transport Act 1998, which also enables Council to make a bylaw that fixes the maximum speed of vehicles on any road for the safety of the public, or for the better preservation of any road (Section 22AB(1)(d)).

Council is undertaking a rolling review of speed limits in accordance with Road to Zero: A Road Safety Strategy for New Zealand 2020-2030. The Okaihau-Kaeo-Waimate North review area was the first tranche of this rolling review in the Far North District.

At its meeting on 21 May 2020, Council in its capacity as a RCA, adopted new speed limits in the Okaihau-Kaeo-Waimate North review area, as well as on Quarry Road near Kaitaia (Te Rangi Aniwaniwa School). In confirming the new speed limits, Council considered all the matters set out Section 4.2(2) of the Setting of Speed Limits Rule 2017, including community feedback. These matters were set out in the 21May 2020 agenda item and the following reports that were attached to the agenda:

· Speed Limits Bylaw Consultation - Submissions and Recommendations Report.

· Regional Speed Limit Review Technical Report – Okaihau-Kaeo-Waimate Review Area.

Council satisfied all its legal requirements for setting new speed limits under the Setting of Speed Limits Rule 2017 at its 21May 2020 meeting. Council is now able to formally make amendments to the Speed Limits Bylaw 2019 with an operative date coinciding with the installation of new signage.

2) Discussion and Options

The Okaihau-Kaeo-Waimate North review area was chosen for the first speed limit review as it contained high benefit roads where a speed review would have a significant impact on road safety by reducing serious injury and fatal crashes. In addition, there was identified community support for speed limit reductions in parts of the review area.

A detailed technical assessment was undertaken to identify safe and appropriate speeds on roads within the catchment area. The technical assessment also set out all the matters that must be considered when setting a speed limit. This technical assessment formed the basis of a Statement of Proposal which was publicly notified for public consultation in accordance with Section 83 of the Local Government Act 2002.

Following the hearings and the collation and assessment of all written submissions, additional speed assessments were undertaken on roads and in areas where submissions sought outcomes that were different from that proposed as part of the public consultation. As part of this assessment, a senior road safety engineer drove every road within the review area.

On 21 May 2020 Council adopted new speed limits for local roads that were part of the Okaihau-Kaeo-Waimate North review. At the same meeting Council also deferred the making of amendments to the Speed Limits Bylaw 2019 until the signage to make the new speed limits enforceable were ready to be installed.

Option 1: Council in its capacity as RCA, Council makes the amendments to the Speed Limit Bylaw 2019 as set out in Attachment 1 and confirm an operative date of 25 January 2021.

This is the preferred option as it will have a positive contribution to road safety and is consistent with previous Council decisions.

Option 2: Council, in its capacity as RCA declines to make the amendments to the Speed Limits Bylaw 2019 as set out in Attachment 1.

This option is not recommended as it is inconsistent with Councils decisions made on 21 May 2020. Option 2 would also be inconsistent with the National Road Safety Strategy and Speed Management Guidance.

Reason for the recommendation

The recommendations are consistent with implement decisions previously made by Council to adopt new speed limits in the Okaihau-Kaeo-Waimate North review.Implementation

Signage will be installed in accordance with the Setting of Speed Limits Rule requirements and then unveiled on the operative date of 25 January 2021. This implementation date has been set based on the availability of contractors to undertake the required work. In addition, the new speed limit changes will be communicated to the community leading up to and then after the operative date of 25 January 2021.

As part of the implementation New Zealand Police will be advised of the changes and the operative date of the new speed limits in the Okaihau-Kaeo-Waimate North review area. NZ Police are responsible for the enforcement of speed limits. Experience from speed limit changes in other parts of the country indicate that the New Zealand Police normally take an educational approach in the first weeks of a change to speed limits. Changes to speed limits do not normally influence the overall targeting of speed enforcement in the longer term.

The speed limit maps that are attached under a separate cover, containing the new speed limits in the Okaihau-Kaeo-Waimate North review area, will be migrated to a Geographical Information System (GIS) before the next update to the Speed Limit Bylaw 2019. Utilising GIS will make it easier for Council to communicate speed limits to the community as this will be via an online portal.

Next tranche of speed limit reviews

Work will commence on the initial review process for the Kaitaia-Awaroa and Kohukohu-Broadwood catchment areas. This includes the speed limits on Te Oneroa-A-Tohe / Ninety Mile Beach. These catchment areas are programmed to be reviewed next as they include roads that have the highest risk ratings in Northland. The Bay of Islands – Kerikeri area will follow the Kaitaia-Awaroa-Kohukohu-Broadwood review.

3) Financial Implications and Budgetary Provision

The estimated overall cost to undertake the recommended changes to implement new speed limits within the review area is $190,000 to $300,000.

The expected life of a speed limit sign is seven years. The average remaining effective life of speed limit signs within the review area is less than four years. Most of the new signage will be replacing existing signs. In addition, other Councils have adopted the use of stickers over existing signage. Where this option proves viable, it will further reduce the overall costs of implementation.

Completion of some recommended engineering work to ensure a high level of compliance with new speed limits will require new Long Term Plan funding.

Attachments

1. Far North District Council Speed Limits Bylaw 2019 Clear Copy - A2954359 ⇩

2. Far North District Council Speed Limits Bylaw 2019 Tracked Changes - A2954360 ⇩

3. Far North District Council Speed Limit Map Index and Legend - A2950804 (under separate cover)

4. Far North District Council Speed Limit Basemaps - A2950806 (under separate cover)

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	Significance has been determined as Low under Councils Significance and Engagement Policy.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	· Council decision 21 May 2020 - Agenda item 6.3 Speed Limits Review - document number A2870967 · Land Transport Act 1998 · Setting of Speed Limits Rule 2017 · Local Government Act 2002 · New Zealand Road Safety Strategy 2020-2030
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 setting of speed limits 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.	The recommended amendments have no specific 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.	A public consultation process was undertaken in accordance with Section 156 of the Local Government Act 2002. Written submissions were made available to Council and Council considered all written submissions when adopting the new speed limits at their 21 May Council meeting.
State the financial implications and where budgetary provisions have been made to support this decision.	There is an initial implementation cost to install new signage and remove older signage. This cost is estimated at between $190,000 and $300,000 and is provided for in the 2020-2021 Financial Year (Road Safety Improvements). There are longer term budget implications for the Long-Term Plan.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report

Strategy and Policy Committee Meeting Agenda

20 October 2020

5.2 Proposal for a Vehicle Crossings Bylaw

File Number: A2955237

Author: Donald Sheppard, Strategic Planner

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

Purpose of the Report

The purpose of this report is to seek approval to proceed with public consultation regarding a Vehicle Crossings Bylaw. And to seek approval that if members of the public who wish to present their views verbally, that this will occur in an informal manner.

Executive Summary

· The development of a Vehicle Crossings Bylaw addresses the issue that vehicle crossings that do not comply with appropriate standards can cause health and safety hazards to road users (e.g. if a poorly constructed or maintained crossing collapses) and/or damage to adjacent council assets (such as roads and drains).

· Council resolved to develop a bylaw at their meeting on 21 May 2020.

· This report recommends that public consultation takes place regarding a Vehicle Crossings Bylaw, and that submissions are received in writing and/or through informal verbal submissions.

· The attached proposal provides the background and objectives for the proposed new bylaw and includes a description and timeline for the proposed consultation.

Recommendation

That the Strategy and Policy Committee

a) approves that the draft Vehicle Crossings Bylaw contained in the attached proposal is publicly consulted on as per the principles of public consultation set out in section 82 of the Local Government Act 2002.

b) approves that if member/s of the public wish to verbally present their views regarding the draft vehicle crossings bylaw to the Committee, this will occur in an informal setting.

1) Background

The Control of Vehicles Bylaw 2010 was automatically revoked on 26 May 2017, two years from the required review date of 26 May 2015 as per section 160a of the Local Government Act 2002.

An Options Paper was put to Council on 21 May 2020 to determine whether a new Vehicle Crossings Bylaw should be made, and Council resolved to make a new bylaw supported by good information and education.

The primary issue definition that the development of a Vehicle Crossing Bylaw will resolve is that vehicle crossings that do not comply with appropriate standards can cause health and safety hazards to road users (e.g. if a poorly constructed or maintained crossing collapses) and/or damage to adjacent council assets (such as roads and drains).

Consultation Options

Option One – Do not consult

With this option there would be no consultation on the draft Vehicles Crossing Bylaw, and Council will have no bylaw for vehicle crossings. Proceeding with a bylaw, without undertaking public consultation would not be legally compliant.

Option Two – Proceed to consultation

The proposed bylaw does not pass the significance test as per Council’s Significance and Engagement policy. Therefore, consultation will be subject to the principles of consultation as set out in section 82 of the Local Government Act 2002. This includes:

· Giving submitters information in a manner and format that is appropriate.

· Encouraging submitters to present their views to Council and giving them a reasonable opportunity to present those views in either a written or verbal manner.

· Being clear about the purpose of the consultation and the scope of the decisions to be taken.

· Considering views of the public with an open mind and giving them due consideration.

Recommendation

It is recommended that public consultation takes place following the principles in section 82 of the LGA 2002. This consultation will occur in November 2020.

Options for people to present their views verbally

Option One – A formal approach

This option would involve formal hearing/s, for example, in Council chambers.

Given that the proposed bylaw is not considered a significant matter under Council’s Significance and Engagement Policy and the special consultative procedure is not required, a formal approach is not required. Such a formal approach would be more expensive and time consuming than an informal approach and could represent a burden for committee members. It could also be daunting for some members of the public.

Option Two – A more informal approach

Increasingly verbal presentations to Council are occurring informally. The cost and time taken to hold meetings of this nature will be less compared to using a traditional formal approach and this approach will place less burden on committee members.

Recommendation

If member/s of the public wish to verbally present their views to the Strategy and Policy Committee, this will occur in an informal setting, for example, in a Teams meeting.

3) Financial Implications and Budgetary Provision

The cost of advertising for consultation and notifying the public of a new bylaw will be minimal and will be covered by existing budgets.

Attachments

1. Draft Vehicle Crossings Bylaw - A2959721 ⇩

2. Vehicle Crossings Bylaw Proposal - A2959774 ⇩

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	The vehicle crossings area has a relatively low degree of significance for the following reasons: · Only a small number of individuals are involved each year with around 120 new crossings constructed annually. · The impact on affected individuals, organisations, groups and sectors within the community is not large - installing a crossing will cost $2-3,000 with Council fees representing around 10% of this amount ($220). · This area is not of high public interest or a controversial area. · There is no evidence of divided community opinion on the matter.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Chapter 15.1.16C in the District Plan covers access to properties and council’s engineering standards provide standards for the proper construction of vehicle crossings. In the status quo section of the Options Report presented on 21 May 2020, the legislation and policies that relate to the decision are described and assessed. This includes national legislation as well as the District Plan and Council's engineering standards.
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.	As this is a District-wide issue, it is not a matter that can be dealt with by the Community Boards.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	The decision requested to consult with the public on this proposal has no implications for Māori that are different from other people in the District.
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.	Interested parties include property developers and owners, roading engineers and contractors. These parties would be specifically asked for their feedback during the consultation.
State the financial implications and where budgetary provisions have been made to support this decision.	Cost of advertising for consultation and notifying the public of a new bylaw (est. $4,500) from existing budgets.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Strategy and Policy Committee Meeting Agenda

20 October 2020

6 Information Reports

6.1 Far North Economic Impacts and Recovery

File Number: A2941888

Author: Bill Lee, Special Projects Manager - Te Hono

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

Purpose of the Report

To provide the Strategy and Policy Committee with an update on economic recovery work being undertaken within the District, through Council led and non-council led projects.

Executive Summary

· The 2019/2020 drought combined with the 2020 COVID-19 pandemic and 1:500 year flood, has had drastic effects on the Far North District and has tested our resilience and infrastructure.

· Through Central and Local Government, business and commercial sectors, and Iwi working collaboratively, we can collectively lessen the impact and allocate resources and skills wisely without overlap or replication.

· The report outlines the Council led and non-council led projects that are being undertaken at a national, regional, and local level, that have been assessed as having the greatest positive benefit on the economic recovery for the district.

· The report focuses on three specific areas: collaborative efforts, projects that create jobs and skills, and the work being undertaken by administration to put an economic recovery lens over our strategies, plans, policies and bylaws.

Recommendation

That the Strategy and Policy Committee receive the report Far North Economic Impacts and Recovery.

Background

The 2019/2020 drought affected many large regions in New Zealand, when combined, had a macroeconomic effect on the New Zealand economy. The drought was followed by the current COVID-19 pandemic, which has had a global macroeconomic effect. The impacts on both the global and New Zealand economies are severe and are likely to be long lasting.

The recent localised 1:500 year flood has once again highlighted the fragility of some of our district’s infrastructure, with some of our key roading network needing major rehabilitation.

For COVID-19, potential constraints on supply and demand globally will determine the long-term impacts, but it is hoped that as a primary products producer in fresh food, the impact on New Zealand will be less than many other manufacturing-based economies. However, the length of time to full recovery will depend on opening borders and getting other integral parts of the economy back to sustainable levels; such as tourism, event management, etc.

While not on the scale of the American model, a focus on localism as a measure to mitigate the short-term effects of COVID-19 may mean a more permanent transition into different types of production, services and skills – to become less dependent on external inputs into our economy.

For localism and local interventions, the common tools that cover the content and actions within the report are:

· Investment support – provide support to businesses/social enterprises that have the potential to grow and adapt; not be a short-term approach to fill the “survival gap”.

· Community grants – focus on the well-used, well-run community infrastructure that supports people coming together. Move away from the historical lens to a future use lens.

· Procurement – while it is prudent to have the resources and expertise behind a procurement decision, including public liability and health & safety; every contract should have a % of real local components. Every Council contract has the potential to put money back into the community.

· Placemaking – every major government or local government infrastructure contract should have a community lens and/or partnership lens over it to determine what else the community has identified that could be accomplished while machinery and other resources are in the immediate area.

· Policies and bylaws – an enabling economic recovery lens needs to be placed over Council strategies, policies, bylaws and plans to ensure they are not being barriers to recovery. It is important to note that for many of our community facing policies, there is already a balance between economic good and social costs. In any review, both factors need to be considered.

As with any response to an event or unplanned event, there are some basic principles that can be used to ensure that collaboration is occurring, interventions are not overlapping, funding is targeted, and decisions are based on sound data. These are listed below:

1. Use existing networks - stakeholders who are familiar with existing plans and strategies and can quickly work together to confirm support, interventions and actions in consideration of the economic shock and recovery.

2. Information gathering - undertake rapid reviews of available information, data and evidence that provides insight to the likely and emerging impacts of the shock and what this means for the local and regional economy.

3. Determine trends - where uncertainties exist scan for relevant trends and drivers, to consider possible futures and to identify consistent themes and areas for action.

4. Identify the key priorities and actions - required to respond to the immediate shock, support recovery and deliver the longer-term vision, to sequence the timing of the actions

5. Fill the gaps - for new actions, develop clear plan to support prioritisation and establish a mechanism to review progress and respond to ongoing changes in the district economy as the impacts of the shock become clearer or dissipate over time

Discussion

Many, if not most, of the activities in this discussion are well known to Council and have been the subject of discussions with regional entities and central government. While not exhaustive, the tables in the discussion below, represent the current focus on immediate and longer-term impacts of the current economic downturn.

The report contains three section:

Section 1

The first section highlights the collaborative effort being focused on economic recovery through existing or new collaborations as well as new initiatives.

Section 2

The second section looks at the quantum of funding coming into the district with a focus on jobs and skills, where this information is quantifiable.

Section 3

The last section considers the work being undertaken by administration, to highlight proposed changes to Council planning and processes that could assist in the district’s recovery.

Section 1: Collaborative Initiatives

Regional

Organisation	Who	What	Existing or potential Actions
Regional Economic Recovery	Economic Recovery Leadership Group (ERLG)	Regional Skills Strategic economic interventions	Continue with FNDC CEO as Co-Chair to lead the work being undertaken by this group
Tai Tokerau Northland Economic Action Plan (TTNEAP) Working Group	NINC Councils Central Government agencies Primary Industry Jobs and skills Education/Training Te Puni Kokiri	Economic Sectors Government Investment Local Investment	Continue to have FNDC represented at every meeting by administration to advocate for the Far North and support Far North Inward Investment
Northland Inc (NINC)	Northland Regional Council (NRC) Council Controlled Organisation (CCO)	Regional Economic Development Inward Investment Sector support Analysis and modelling	FNDC continue to engage with NRC and Kaipara District Council to advance NINC as a regionally funded and governed CCO to ensure a greater Far North presence and focused initiatives
Analysis and modelling	Infometrics, Martin Jenkins, BERL Treasury MBIE Regional Council economist NINC	Modelling economic impact Trends Intervention strategies	Administration continue to work with NINC and NRC as part of the TTNEAP and the ERG to: 1. Monitor impacts 2. Monitor trends 3. Determine the need for local interventions
Te Kahu o Taonui	Iwi collective	Own targeted economic development Government confidence and funding Whanaungatanga Ki Taurangi (MOU) with Council	Through the Iwi and Local Government Chief Executives Forum (ILGACE) and the Mayoral Forum continue to give support for Whanaungatanga Ki Taurangi FNDC CEO is co-chair Iwi current focus is on: 1. Healthy housing supply 2. Water and waterways 3. Secure food supply (land use) 4. Connectivity

Business

Who

What

Proposed Actions

Destination Marketing

NINC

Local tourism product providers

Promoting Far North as a visitor destination

Increase domestic tourism travel to Far North

Development of two additional Northland Journeys in Far North District (consistent with TCDH Revitalisation Project actions)

Administration as part of working closely with NINC to support destination marketing initiatives. Current initiatives are:

1. Sponsored Far North content in the annual ‘Northland including Bay of Islands Visitor Guide’ and through digital channels

2. NINC working with Auckland Tourism, Events and Economic Development (ATEED) on a travel highway

3. Developing a Far North getaway promotion for Auckland market based on key message: ‘just up the road’

4. Support the regional delivery of NINC’s #NorthlandStyle (destination) domestic campaign to ensure Far North tourism is well profiled

Business support

Business Associations

NINC

Central Government

FNDC

Te Hiku Business Bureau

Business advice

Mentoring

Strategies for recovery

Funding, rates and tax support

Wellbeing

Fees and charges

Administration, as required, will support NINC or connect NINC to businesses requiring help in the Far North. NINC have a well-established programme and process.

Ensure businesses know of FNDC contestable fund as last resort

Iwi/Māori

Who

What

Proposed Actions

Te Hiku Iwi Development Trust

Te Hiku Iwi Collective

Government

FNDC

Iwi Crown Joint Work Programme

Government confidence and funding

FNDC administration to re-engage with Trust and determine projects needing Local Government support

Plant & Food

Food production on Māori land

Plant & Food

Massey University

TPK

Māori Development FNDC

Government funding

Māori land for pilot(s)

Administration are engaged in this long-term project aimed at putting unused land into production to support:

1. Developing models for multiply owned land and lack of working capital

2. Assist Plant & Food to identify the willing block owners

3. Help Plant and Food develop pilots to economic scales with ‘what and how’ to grow

Council

	Who	What	Existing or Proposed Actions
Advocacy	Elected Members	Inward investment Partnerships District Promotion	Elected Members continue to: 1. Leverage existing relationships 2. Support through governance role public/private projects 3. Encourage regional and national collaborations
Contestable Recovery Fund	FNDC Panel (HWTM, Dep Mayor, CEO and GM SPP	Business and community intervention Grant fund ($300,000)	Criteria has been determined Application process is in place Administration to monitor applications and report to ARF Committee
Area Structure Planning	Administration	Planning and Project coordination Alignment of projects thought FN2100 Phase 2	Proposed coordination of programs and projects as part of FN2100 Phase 2, such as: 1. Planning 2. Transportation 3. Multimodal connectivity 4. Infrastructure 5. Urban design 6. Climate change adaptation
Community Development and Investment	All of Administration	Develop local initiatives to support recovery Includes digital initiatives	Administration have relationships with and are working closely with partners (e.g. Iwi, Department of Conservation, community groups, Northland Inc, etc) and local Business Associations to support initiatives that contribute to recovery or enhance resilience
Social Procurement	Corp Services	Enable social procurement	Administration are developing a Social Procurement Policy for adoption by Council FNHL have a mandate to act on behalf of the community for social benefit. (?) FNHL could be encouraged to ensure social benefit through their procurement processes. Council could reflect social procurement in FNHL’s Statement of Intent
Far North Holdings (FNHL)	FNDC Council Controlled Trading Organisation (CCTO) Ngawha Innovation & Enterprise Park (NIEP)	NIEP will lead programmes in research and development, workforce development, value-add manufacturing, new business development and co-location opportunities.	FNDC administration will support FNHL and NINC on the development of NIEP
Bylaws and Policy	SPP	Strategies, Policies and Bylaws review with a balanced enabling economic lens	Administration has begun a full review and adjustment of policies and bylaws currently being reviewed to ensure they are enabling economic recovery.
Housing choice	SPP and DS	Reduced fee structures and advocacy for secondary minor dwellings, including modular builds in the rural production zone and Low cost modular homes for returning whanau Focus on affordability and reduction of barriers	Administration to determine fees structure and criteria for reduced consenting costs (including Building Consent) Council will need to consider the rating implications, so these minor dwellings don’t meet the definition of a SUIP or make a policy decision to exclude them as SUIPs
District Plan	SPP	Ensure new plan allows economic support Reduce barriers in areas designated for appropriate commercial activity	Administration, as part of the District Plan review, are focused on: Enabling commercial (all sectors) and industry to develop in the right areas of the district as part of DP development Increasing the supply of land zoned for business purposes Ensuring service capacity is sufficient, which could mean retiming in the LTP, infrastructure strategy, and capital works programme for IAM projects
Encourage Development	SPP, DS, COMMS	Increase understanding of consents process	Administration intend to: Develop step by step guide Video walkthroughs Support large developments with economic value to district (or towns) through having a key contact/support person Council Elected Members will need to weigh up pros and cons of DC charges (none = enabling development) but extra burden on ratepayers, particularly when talking scheme-based costs) or charges (developer pays for growth)

Section 2: Jobs and Skills

Investments to support getting New Zealanders into jobs as part of the Government economic plan, including:

· Investing in free trades training and apprenticeships to close skills gaps and help workers transition to new industries. Providing businesses with up to $16,000 to help cover the costs of an apprentice’s first two years.

· Boosts to He Poutama Rangatahi, Mana in Mahi, Trades Academies, Careers advice and the Maori Apprenticeships Fund.

· Getting or keeping mature workers in the workforce.

· Significant new infrastructure investment, including regional infrastructure projects to support the construction industry around the country.

· Creating 11,000 environmental jobs to provide employment and help our environment at the same time (a proportion of these are in the Far North).

· Helping businesses shift to e-commerce and support businesses to invest in Research & Development.

· Supporting small businesses and entrepreneurs with changes to the tax system, including up to $3 billion of business tax refunds, the Small Business Cashflow Loan Scheme, and provides up to $5000 for professional business advice for Small to Medium Enterprises.

· Positioning New Zealand globally including practical on-the-ground support in overseas markets for Kiwi businesses as we secure free-trade agreements to back exporters.

As part of regional infrastructure, the government through the Provincial Growth Fund and Shovel Ready Investment (supported by Minister of Tourism and Minister of Employment) has allocated significant funding to the Far North, both directly with Council (and FNHL) as well as Community and Māori (including Whenua Māori Fund). The intent of the table below is focused on the number of new jobs created and to differentiate (if known) between short term construction jobs and long term or ongoing employment. It does not consider existing jobs being supported or the quantum of public sector employment needed to deliver and monitor these projects.

Project/Activity	Who	Investment $ million	Jobs - contruction	Jobs - ongoing
Mangonui - 4 kilometres walking and cycling, parking	FNDC	1.5	Contract	None
Hokianga Wharves	FNDC	1.8	16	None
Ōhaeawai Historic Site	Ōhaeawai Community Cultural Centre	1.7	10	Tourism dependant
4 Marae restorations	Ngāwha rohe	1.67	33	None
Paihia Waterfront	FNHL	8	60	Tourism dependant
Te Hiku Cycling Trail Shared Path	FNDC	7	80	Maintenance
Social Housing Kaitaia	Hē Korowai Trust	1.8	47	Further refitting
Te Hiku Wharves	FNHL	1	20	None
Rebuild and rejuvenate the Kerikeri Domain	FNDC	3	100	None
Rebuild the Rangitane Wharf	FNHL	2.45
Develop land at Waipapa into sports facilities	FNDC	2
Create two new animal shelters	FNDC	1
Build a sculpture at the entrance to Kerikeri	Ngāti Rēhia	.55
Kaikohe Sports Facilities	FNDC	6	35	None
Ngāwha Innovation & Enterprise Park	FNHL	19.5	150	100 plus 50 trainees
Kawakawa Rail	Northern Adventure Experience (NAX)	5.59	68	25
Te Pā Kāinga o Rewa	Te Rūnanga o Ngāti Rēhia Charitable Trust	1.25	30	Tourism dependant
Ruapekapeka Rd Upgrade Ruapekapeka Pā	Council Ruapekapeka Pā Trust	6.5 2	50 16	None Tourism dependant
Total		74.31	715	125

The above table does not include any funding for 1 Billion Trees, conservation and environmental rehabilitation (i.e. Jobs for Nature, water storage, or projects that do not have a stated Far North employment outcome). As at the time of writing, it is unknown how many short term jobs will be created in the Far North and how many of these may develop into ongoing employment.

However, the flow on effect of up to 715 people working and gaining skills, gives an opportunity to continue developing a career or gaining long term job prospects in the construction industry. The conservation work (such as wildling pine removal, pest eradication and track construction/maintenence) has in the first instance been used to support tourism workers who may otherwise have ended up out of the sector and onto unemployment benefit.

Additionally, the table above does not show any funding committed by FNDC or FNHL.

Section 3: Council Planning

Strategies, Plans, Policies and Bylaws

Analysis of Council’s strategies, plans, policies and bylaws is being undertaken by administration to ensure that they are not a barrier to recovery and if any can or should be amended to enable recovery further. As always, it is necessary to consider the unintended consequences by weighting one of the wellbeings without consideration of effects on the social, environmental and cultural outcomes.

Strategies and Plans

The major strategies and plans currently in review or development are: FN2100, District Plan, 30-Year Infrastructure Strategy, Transport Strategy and the 2021-31 Long Term Plan (LTP). These Strategic documents will be critical for focusing the organisation on the right investments for a recovery and setting the platform for an economy utilising the land, skills and resources of the district along with considering the cost to ratepayers.

Additional to the above, there are 2 other strategies that are in development or review.

Funding Strategy

This strategy takes a helicopter view of funding and the grant funding from Council to set a strategic direction for the recovery. This document would then guide the policies for the Infrastructure Grant Fund, Community Board Grant and Placemaking Funds. The LTP will be the vehicle for Council to determine the level of grants for the next 3 years. It is intended that the funding strategy will come to the next Strategy and Policy Committee meeting.

Far North Inward Investment Strategy – China

This strategy, which was adopted in principle at the Council meeting 7 December 2017. This was focused on a raft of Chinese visitors and investment opportunities that were happening in an adhoc way and Council resolved to form an oversight group to be a 1-stop shop to manage the visits and to consider new investment opportunities. Chinese investments whether a company or public entity are always political and virtually every visit to the Far North had an official(s) in attendence. During discussion at the Council meeting, it was noted that the principles of the Inward Investment Strategy, along with the oversight group, could be utilised for any relationship and business arrangements outside of New Zealand’s border. There are a number of “very rich” individuals who see New Zealand as a safe haven and are prepared to invest in our economy.

The membership of the Inward Investment Strategy Oversight Group (IISOG) was confirmed via resolution and consisted of HWTM, FNHL CEO, FNDC CEO, Cnrs McInnes, Macauly and Vujcich. As a result of local body elections, there are currently 2 vacancies

A draft Terms of Reference (TOR) was developed for the group to consider but due to other factors, was not tabled.

The proposed report towards a TOR (attached) placed Sister Cities under the unbrella of this group and through this mechanism ensures that Sister City relationships with Liaonging Province (China), Yuasa-cho (Honshu, Japan) and Duncan (British Columbia, Canada) are given due consideration when considering additional Memorandum Of Understandings or new Sister City relationships. With a new Sister City relationship approach by Luoyang (Henan Province) under discussion to initiate, it is timely for Council to consider where the Governance delegation lies and who will be informing the Council Elected Members about benefits and risks before any relationship agreements are signed. Additional to this is the reciprocal visits and managing dignitaries’ expectations; especially with China, where the Government sanctions all political and financial relationships.

The IISOG has only had one formal meeting but could be re-enacted with new membership to become the 1-stop shop for any foreign investment or any new or existing relationship; such as sister cities and foreign MOUs.

Policy and Bylaw Review

The table below identifies those policies and bylaws that have the potential to be enhanced to make more economic centric as part of the policy and Bylaw review process. For the purpose of this assessment, economic enablement is defined as promoting and supporting trade between individuals, businesses and organisations in way that economic activity is free from constraints. The economic enablement of each policy or bylaw has been scored, with 5 being the highest enablment score and 1 being very constraining.

Policy Title	Economic Enablement Score (1-5)	Potential changes for economic enablement	Planned date to start review
Alfresco Dining Policy 2014	4	Could be more enabling to promote vibrancy of towns as an attraction and draw in more businesses	2021
Art and Memorials in Public Places	4	Provisions on making art and memorials a point of promotion and difference for the towns and communities to attract tourists could be added	2024
Camping in Public Places Policy	2	This policy combined with the revoked reserves bylaw and parking bylaw are mechanisms to control freedom and responsible camping in the district. Is perceived to have adverse impacts on some businesses while advantaging those who are benefiting from the increased number of people freedom camping. The current regulations are permissive.	2021
Class 4 Gaming and TAB Venue Policy	2	Currently has a sinking lid policy, where no machines are available for redistribution could be removed. There a flow on negative social and health issues associated with such a decision that would need to be weighed up against the economic benefits.	April 2020 Underway
Community Gardens Policy	4	Provisions for allowing trade of produce from the community gardens could be added to the policy.	2024
Community Grant Policy 2018	4	Additional criteria that demonstrates a positive outcome to the local economy by way of employment or enablement of trade and/or investment could be added to the policy. Community Grant Policy review as part of LTP to include events and infrastructure fund. Decision criteria to have stronger alignment to economic benefit, i.e. local and domestic tourism?	1/07/2020: Part of the LTP
Community Halls Policy	3	Provisions for allowing and encouraging trading from community halls for small businesses and sole traders etc., could be included as source of revenue for the Council and a way to utilise the infrastructure	2024
Public Toilet Policy	4	Toilets in the right place and at the right standard would support tourism movements. Allowing greater community use as art works or in design are an attractant and add to community branding.	2023
Community Sport and Recreation Loans Scheme Policy	3	Provisions protecting Council from loan defaults could be added. It has been common practice for these sorts of loans at other Councils never to repaid as the Council is not a lending institution so has limited powers to call in a loan - unlike a bank.	2023
Council-owned Campgrounds Policy	3	This policy could be revoked with a decision by Council to remove itself from the provision of camping areas and leave this to the market and DOC. This decision would be controversial as the Schedule of campgrounds are high profile (Houhora heads, Tauranga Bay, Russell). The question is whether they are paying market rents or whether they are subsidised by the ratepayer. This will only be known by letting the market decide. This policy is not enabling of economic activity in the sense that the market is left to itself to determine supply and demand. However, it could be argued that the campgrounds are core tourism infrastructure and therefore the subsidisation has downstream positive economic impacts of tourism attraction and spend in the local community.	1/01/2021. To be reviewed with camping in Public Places and Freedom Camping Policies
Dust Management Policy	4	Implementing this policy will have a positive impact on economic enablement.	No review date specified
Equity and Access for People with Disabilities Policy	3	Currently under review. Any access improvements in this policy would be economic enabling.	2018
Far North District Council Procurement Policy	5	The outcome of the social procurement workshops and exercises will have an impact. As a significant contributor to the economic activity in the Far North via its capital and other works programmes, the policies of the Far North around procurement can be significantly economic enabling.	2020
Rating Relief Policies	5	The rating relief polices - if developed from the principle of being an economic enabler can have a significant impact on economic activity. The principles of community wellbeing as per the LGA must be the driver. The concern with these policies is that the policy problem has not always been well defined - and they have been developed on an unstated assumption about the problem that they are addressing - equity.	2020 – part of LTP
Reserves Policy	4	The reserves policy is currently under review as part of the development of a reserves bylaw. This could be economic enabling by best utilising the Council reserve estate, within the constraints of the Reserves Act for economic enabling. The possibility of using Council reserve for carbon sequestration has been proposed as an example.	2020
Revenue and Financing Policy	5	The principles need to be reviewed in the context of economic enablement. Part of revenue review needs to consider the impact of commercial rates. Commercial rates have been excluded from the BERL report.	2020 - part of LTP
Development Contribution Policy	3	Not having one is enabling for property developers by spreading the cost of growth across all ratepayers. Council needs to consider whether they want to put one in place. Current plan is to continue developing it but it won’t be in place for 2021-22 because the condition and capacity information for assets in the areas of growth won’t be available until June next year (we will have to amend the LTP in its first year to put the DC policy in place).	LTP Amendment 2022/23
Road Maintenance Policy	4	Last reviewed on 23 Nov 1998. Needs a complete rewrite. Needs to align with changes around procurement.	2020
Significance and Engagement Policy	4	The thresholds for community consultation could be adjusted to expedite council decisions. This would have to be managed carefully.	2020 - part of LTP

Bylaws	Economic Enablement Score (1-5)	Potential changes for economic enablement	Planned date to start review
Mobile Shops & Hawkers	4	Well placed and regulated mobile shops and hawkers can make a place more attractive and have flow on positive economic impacts.	Underway
Parking & Traffic Control	4	Will automatically revoke on 17/06/2022. The placement and availability of parking will be a contributing factor to economic enablement in the urban centres of the Far North.	Underway
Pou Herengatai - Twin Coast Cycle Trail	5	The cycle trail is attraction for related economic activity (accommodation, bike rentals, extended stays in the Far North). This bylaw protects this asset and is an economic enabler. Potential to enhance.	None
Reserves	5	Automatically revoked in 2017. This is tied in with a review of Council land. The reserve estate could be economically enabling.	Underway
The Alcohol Control Bylaw 2018	3	The pros and cons of regulation of alcohol consumption and harm is tied in with police reporting of incidents. There could be an argument to reduce the restrictions and restricted areas to encourage events and socialisation but the counter to this is the harm that this could also cause.	Dec 2023
Cemeteries and Crematoria Bylaw	3	This bylaw was made in 1990 and is not on any review timeframe and is created under the Burial and Cremation Act 1964. There is nothing apparent in this bylaw that could be changed to enable economic activity.	None
Control of Brothel Premises Location and Advertising Signs	3	Depends on the moral and ethical position of the Council around economic enablement alongside the other well beings.	2025
Control of Earthworks	3	Regulates what requires a permit could be narrowed.	2024
Control of On-Site Wastewater Disposal Systems	4	Regulates onsite wastewater - which has a positive economic impact by reducing the risk of infectious diseases and pollution.	Review due
Dog Management (previously Dog Control)	3	Will be considered based on development of Reserves Bylaw and review of Council land.	2023
Keeping of Animals, Poultry and Bees	3	Automatically revoked in 2017. New Bylaw being made. Could have some economic enablement from the keeping of honeybees.	Review due
Mooring Charges	3	Cost recovery could be perceived as being either enabling or disenabling. The attractiveness of marine environment brings people to the Far North either permanently or semi-permanently.	None
Nuisances	2	Bylaw was made in 1990. Needs a complete review and could be revoked. Has no automatic review date under the Health Act 1956.	None
Skating and Cycles	4	Could be argued as enabling in that it makes the public places - footpaths accessible which is good for retail.	2022
Solid Waste	4	A clean district is an attractive district to do business in.	2021
Speed Limits	4	Safe Roads mean less accidents. There have been arguments against reducing the speed limits as this will increase travel times between towns therefore adding cost. Rolling review is currently underway.	2022
Vehicles on Beaches	3	The beaches of the Far North are a source of attraction for tourism and people moving to the Far North. It could be argued that this bylaw is enabling of economic activity.	Revokes 2022
Wastewater Drainage	3	Clean water ways contribute to positive economic outcomes. Reducing spills reduces clean-up costs.	20234

Legislation

There are two areas of legislation under consideration by Parliament that will impact on the next few years. Neither of these will progress until the new parliamant sits after the General Elections.

1. RMA Reform – both major parties have signalled large changes to the RMA beyond amendments that have focused on fast-tracking major projects. National has signalled intent to repeal the Act. Any review of the RMA has the potential to significantly impact all local and regional councils.

2. The Whenua Māori Act and Local Government Rating of Māori Land will impact on how Māori land is rated and what policies Council then requires. Dependant upon when this is approved as legislation work could be need to be done for any changes to be part of the 2021-31 LTP.

Financial Implications and Budgetary Provision

No financial implications. Any new budgetary provision will be through the 2021 – 31 Long Term Plan.

Attachments

1. Inward Investment Strategy Oversight Group - Towards a ToR - A2951631 ⇩

Strategy and Policy Committee Meeting Agenda

20 October 2020

6.2 New Directions for Resource Management in New Zealand

File Number: A2954609

Author: Vishal Chandra, Planner

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

Purpose of the Report

The purpose of this report is to introduce to the Strategy and Policy Committee (the Committee) to the recent review recommendations of the Resource Management Act 1991 and for the Committee to receive the report, “New Directions for Resource Management in New Zealand”.

Executive Summary

· The Resource Management Act 1991 (RMA) is New Zealand’s main environmental legislation, created in October 1991.

· It provides an overarching guide on what is best for our environment.

· Central Government commissioned an independent review in recognition that this legislation with its many amendments over time, was no longer fit for purpose.

· Recommendations of the review aim to continue the management of New Zealand’s wellbeing by focussing on significant pressures on natural and built environment.

· The substantive part of the review’s recommendation is to repeal the RMA and replace it with the new Natural and Built Environments Act and introduce new legislation i.e. the Strategic Planning Act.

· A mandatory national direction is to be delivered in form of a national policy framework i.e. National Policy Statements (NPS) with guidance practice documents and National Environmental Standards (NES) on key natural resources, and that these are reviewed every three years, to ensure cohesion without the risk of conflicting outcomes to implement matters of importance, which shall include climate change and urban development.

· The hierarchical nature of the national policy framework means any changes at this level will require changes to the Regional Policy Statement (RPS) and filters down to the requiring change to regional and district plans.

· No timeframe is set for the consultation process relating to the recommendations, and when that process convenes an update will be presented.

Recommendation

That the Strategy and Policy Committee receive the report New Directions for Resource Management in New Zealand.

Background

The RMA is New Zealand's main environmental legislation. It is known to have changed land use planning and environmental management, being a product of rising environmental awareness in New Zealand and abroad. It recognised the need to integrate an array of separate legislation addressing land use, water, air and soil, and others, and formed a new legislative response to Te Tiriti o Waitangi/the Treaty of Waitangi.

The RMA establishes a holistic approach which includes the natural and physical dimensions along with culture and traditions. Based on the principle of sustainable management this involves considering effects of activities on the environment now and in the future while enabling people and communities to provide for their social, economic and cultural wellbeing, when making resource management decisions.

Along with managing air, soil, freshwater and coastal marine areas, the RMA regulates land use and the provision of infrastructure which are integral components of our planning system.

The RMA was created in October 1991 to achieve a more coordinated, streamlined, and comprehensive approach to environmental management. It replaced more than 50 existing laws relating to town planning and resource management.

While the RMA provides an overarching guide on environmental management with national direction on significant issues, it also allows communities to make decisions on how their own environment is managed through regional and district resource management plans. Decisions on resource consents are made with consideration to these plans, national direction and the objectives in the RMA. This framework means that most decisions on resource management are made by local government who also have a wider planning role in transport, infrastructure and economic development. The RMA also recognises the Treaty of Waitangi in decision making.

The RMA also moved towards wider de-regulation of the economy and adopted an ‘effects-based’ approach that sought to narrow the role of planning in the interest of economic efficiency.

The key characters of the RMA include:

· sustainable management purpose

· enabling environmental health, social, economic and cultural wellbeing

· appreciating integrated management and presenting an effect-based approach

· recognising treaty obligations and values

· acknowledging role of iwi and public participation, and

· introducing institutions such as Parliamentary Commissioner for the Environment, Ministry for the Environment (MfE), Department of Conservation, Environment Court and reorganisations of Councils.

With such a wide range of outcomes, the list of challenges and opportunities in applying the RMA grew, especially with the passing of time there have been a series of amendments, the last of which was in 2020 (summary below).

Examples of the challenges and opportunities for the RMA include:

· climate change

· biodiversity and environmental decline

· urban expansions with incompatible infrastructure, uncontrolled growth, further growth pressures, pollution, mixing of incompatible activities, increasing traffic and need for transport choices

· decrease in housing affordability

· impact of production activities on mauri of water, land and air

· successful treaty settlements providing a partnership opportunity and role to Māori in decision making

· insufficient national direction (until recently) to implement the legislation especially at the local government level

· focus on adverse effects rather than balancing or directing desired outcomes

· compliance, monitoring and enforcement not used effectively, and other more specific areas.

The Resource Management Amendment Act 2020 (Amendment Act) came into effect on 1 July 2020. This is a separate change to the RMA Reform (discussed in the next section of this report) and is primarily relevant for resource consents, enforcement and Environment Court provisions. This Amendment Act supports the need for freshwater management and responds to climate change. The focus of this Amendment Act is to:

· reduce the complexity of the RMA

· increase certainty

· restore public participation opportunities, and

· improve processes.

Introduction to the NEW DIRECTION

Environment Minister David Parker commissioned an independent panel to review the RMA in recognition that the legislation with the many amendments was no longer fit for purpose. The review panel was led by retired Court of Appeal Judge Tony Randerson QC.

Recommendations of this review aim to continue enabling people and communities to provide for their social, economic and cultural wellbeing by focussing on significant pressures on natural and built environment, especially as urban areas are struggling to keep pace with actual growth and demands, and a growing need to reduce carbon emissions and adapt to climate change.

The scope of the review included how the RMA interfaces with other pieces of legislation, such as the Local Government Act 2002 (LGA), Land Transport Management Act 2003 (LTMA) and the Climate Change Response (Zero Carbon) Amendment Act 2019 (CCRAA).

Looking at this legislation, the review considered a new role for spatial planning i.e. as a new way that planning could respond to the pressures of urban growth, and better manage environmental effects. Spatial planning also encourages better and more strategic decisions about resources and infrastructure over longer timeframes to be made.

The review also sought ways to improve intergenerational wellbeing by strengthening environmental protection and better enabling urban development outcomes within environmental limits.

The review recommendations include orientation of the focus on the delivery of specific outcomes, targets and limits in the natural and built environment.

The substantive parts of the recommendation are to:

· repeal the RMA, and replace it with the new Natural and Built Environments Act, and

· introduce new legislation i.e. the Strategic Planning Act.

The RMA’s replacement, the Natural and Built Environment Act, would focus on enhancing the quality of the environment and achieving positive outcomes for the future wellbeing while the new Strategic Planning Act would set long term goals and facilitate integration of legislative functions across the resource management systems, including the replacement legislation, LGA, LTMA and CCRAA.

Specific recommendations include, mandatory requirement for a national direction delivered within a National Policy Framework. This includes NPSs supported by guidance practice documents (these documents need to be produced within 12 months of any new NPS) and NESs on key natural resources to provide national level consistency in approach to their management, and that the NPS and NES are reviewed every three years. The intent is to ensure cohesion without the risk of conflicting outcomes to implement matters of importance – which shall include climate change and urban development.

There is expectation that the mandatory national direction will be delivered within a national policy framework for cohesion without the risk of conflicting outcomes to implement matters of importance – which shall include climate change and urban development.

With this national level direction, the RPSs would be required to be consistent with the national policy framework. The RPS would need to provide a regional spatial plan that contains direction for resource management and delivery of objectives, and maps key development and infrastructure projects. The RPS will also need to coordinate objectives and activities of partners and key stakeholders including iwi, Central Government and Local Government agencies, and integrate funding. As a result of these higher-level changes, Regional and District Plans, and plan making processes are suggested to be simplified. The recommended review is in the area of appeal rights to plan changes, public participation and decision-making processes.

Filtering down, this should simplify the resource consent application and processing of those applications. Area of simplification include getting the plan right and expanding permitted activity and outcome categories; expanding independent appointment of commissioners; and review public notification processes to enable appropriate participation to achieve cost effectiveness.

The next level of changes includes a strengthened compliance, monitoring and enforcement practice. With a mixture of national direction enabling more effective sanctions and requiring reporting of outcomes.

Other areas of change include accreditation for practitioners who develop policy, make plans and process resource consents, to improve the quality, practice and consistency of decision-making. These are aimed to create further efficiencies and trust in the processes.

The recommendations of the review also suggest that all RMA amendments and NPS proposals are evaluated by the Cabinet supported by an assessment and report undertaken through an independent resource management practitioner panel, funded via MfE. The recommendations also suggest that Local Government New Zealand assessment of consequences, costs and benefits, is funded via MfE, with independent legal and economic review, via the Parliamentary Commissioner for the Environment or the Planning Commission.

A summary of the key recommendations sourced from MfE, is contained in Attachment 1.

Discussion

A substantive part of the review recommendations’ focusses on repeal, replace and introduce new legislation. Important to acknowledge that if adopted there will be considerable time and engagement ahead of these recommendations coming into effect i.e. in form of new legislation.

The implication of the recommended changes when it becomes legislation, is for our strategic planning and district planning documents to be revisited, sooner than their expected lifespan, as it is mandatory to align these with the order of documents under the proposed national policy framework. This is similar to those occasions where we have revisited the district plan after an amendment to the RMA or introduction of an NPS, as the current policy framework already requires national directions to guide the RPS, which then informs the development and contents of the regional and district plans.

No direction for combined or unitary plans are presented in the recommendations. Such plans however are likely as outcomes to ensure better alignment and consistency across districts within a region, similar to the case for change in Auckland where the regional policy, regional plans and district plans were combined into a single plan i.e. the Auckland Unitary Plan.

While consistency at the national level is positive and the alignment of the policy framework and setting of environmental limits will improve environmental outcomes (and user expectations for example a consistent noise level or car parking requirement), the extent to which Council can continue to set its desired environmental outcomes under its resource management plans is unknown, for instance protecting the dark sky park that is a localised outcome. This change is a risk in areas of competing needs or goals such as environment over economics, or economics over cultural values.

Any process related changes i.e. those for plan changes and resource consent, if adopted, will require adjust and changes within the organisation, as well as educating both staff and the public. Associated changes to the process include accreditation requirements to improve quality which will ensure the correct expertise and staff are undertaking the core tasks. The risk for this is the interim period if the right skilled staff cannot be secured, and while the relevant qualifications are attained.

The recommendation for the Parliamentary Commissioner for the Environment having a greater role in overseeing and auditing the resource management system, may see Council reporting of the environmental outcomes to the MfE change and become more regular. While it is unlikely Council’s powers and functions will reduce, Central Government oversight will increase.

Next Steps

Council should participate in the forthcoming consultation process when it convenes.

Financial Implications and Budgetary Provision

The mandatory national directions will filter down via the regional directions to the district level. It can also lead to combined or unitary plans, or streamlining the plan change or preparation process, including changes to the resource consenting, public participation and decision-making processes

Recommendations also include change to the compliance monitoring and enforcement practices. Accreditation of practitioner and decision makers are also suggested.

Any of these changes or related changes borne out of the recommendations will have a direct financial impact, of resourcing and undertaking the changes, and training staff.

Attachments

1. A summary of key recommendations - A2955025 ⇩

Mechanism	Lead agencies	IISOG role:
Opportunity identification	FNHL, NINC	· Overview, ensure alignment with strategy
Investment readiness	NINC, MBIE	· Overview, share intelligence from relationship events
Relationship building	IISOG	· Responsible for planning and delivery
Regulatory process surety	FNDC	· Overview, share intelligence from relationship events
Infrastructure provision	FNDC	· Overview, ensure alignment with strategy

Deliverables	· Adopt an Inward Investment Strategy · Oversight of the implementation of the Inward Investment Strategy · Evaluation and review of the Inward Investment Strategy · Coordination of the delivery of all civic related activities that support inward investment (such as Sister City programme) · Delivery of the (governance to governance) stakeholder management programme relating to inward investment · Determine appropriate levels of protocols for relationships such as powhiri, gifting, and other reciprocity
Frequency	· Quarterly meetings · Other meetings may be scheduled as opportunities arise or oversight is required for the delivery of key events.
Confidentiality	· Meetings will be confidential within disclosure requirements of LGOIMA. This includes prohibition on sharing the agenda and meeting record (other than what IISOG agree to be shared).
Decision-making	· Consensus decision-making
Reporting	· Operations Support Team will provide an update report to each scheduled quarterly meeting on: o Progress on achieving the deliverables of IISOG o Update on FNDC activity proving ‘regulatory process surety’ and ‘infrastructure provision’
Administrative Support	· FNDC will provide administrative support for meetings