Te Kaunihera o Tai Tokerau ki te Raki

 

 

AGENDA

 

Extraordinary Council Meeting

 

Tuesday, 23 February 2021

Time:

9.30 am

Location:

Council Chamber
Memorial Ave
Kaikohe

 

 

Membership:

Mayor John Carter - Chairperson

Deputy Mayor Ann Court

Cr David Clendon

Cr Dave Collard

Cr Felicity Foy

Cr Mate Radich

Cr Rachel Smith

Cr Kelly Stratford

Cr Moko Tepania

Cr John Vujcich

 

 


Extraordinary Council Meeting Agenda

23 February 2021

 

COUNCIL MEMBERS REGISTER OF INTERESTS

Name

Responsibility (i.e. Chairperson etc)

Declaration of Interests

Nature of Potential Interest

Member's Proposed Management Plan

Hon Mayor John Carter QSO

Board Member of the Local Government Protection Programme

Board Member of the Local Government Protection Program

 

 

Carter Family Trust

 

 

 

Deputy Mayor Ann Court

Waipapa Business Association

Member

 

Case by case

Warren Pattinson Limited

Shareholder

Building company. FNDC is a regulator and enforcer

Case by case

Kerikeri Irrigation

Supplies my water

 

No

Top Energy

Supplies my power

 

No other interest greater than the publics

District Licensing

N/A

N/A

N/A

Top Energy Consumer Trust

Trustee

Crossover in regulatory functions, consenting economic development and contracts such as street lighting.

Declare interest and abstain from voting.

Ann Court Trust

Private

Private

N/A

Waipapa Rotary

Honorary member

Potential community funding submitter

Declare interest and abstain from voting.

Properties on Onekura Road, Waipapa

Owner Shareholder

Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)

Declare interest and abstain from voting.

Property on Daroux Dr, Waipapa

Financial interest

Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)

Declare interest and abstain from voting.

Flowers and gifts

Ratepayer 'Thankyou'

Bias/ Pre-determination?

Declare to Governance

Coffee and food

Ratepayers sometimes 'shout' food and beverage

Bias or pre-determination

Case by case

Staff

N/A

Suggestion of not being impartial or pre-determined!

Be professional, due diligence, weigh the evidence. Be thorough, thoughtful, considered impartial and balanced. Be fair.

Warren Pattinson

My husband is a builder and may do work for Council staff

 

Case by case

Ann Court - Partner

Warren Pattinson Limited

Director

Building Company. FNDC is a regulator

Remain at arm’s length

Air NZ

Shareholder

None

None

Warren Pattinson Limited

Builder

FNDC is the consent authority, regulator and enforcer.

Apply arm’s length rules

Property on Onekura Road, Waipapa

Owner

Any proposed FNDC capital work in the vicinity or rural plan change. Maybe a link to policy development.

Would not submit.                                                                               Rest on a case by case basis.

David Clendon

Chairperson – He Waka Eke Noa Charitable Trust

None

 

Declare if any issue arises

Member of Vision Kerikeri

None

 

Declare if any issue arrises

Joint owner of family home in Kerikeri

Hall Road, Kerikeri

 

 

David Clendon – Partner

Resident Shareholder on Kerikeri Irrigation

 

 

 

David Collard

Snapper Bonanza 2011 Limited

45% Shareholder and Director

 

 

Trustee of Te Ahu Charitable Trust

Council delegate to this board

 

 

Felicity Foy

Flick Family Trust Ltd

I am the director of this company that is the company trustee of Flick Family Trust that owns properties in 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 dwellings on Church Road, Kaingaroa and dwellings on Allen Bell Drive, Kaitaia, and  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.

 

 

112 Commerce Street Holdings Ltd

Owner of commercial property in Commerce Street Kaitaia.

 

 

 

Foy Property Management Ltd

Owner of company that manages properties owned by Foy Farms Rentals and Flick Family Trust.

 

 

 

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 Coastal Plumbing NZ Limited

 

 

 

Friends with some FNDC employees

 

 

 

Mate Radich

No form received

 

 

 

Rachel Smith

Friends of Rolands Wood Charitable Trust

Trustee

 

 

Mid North Family Support

Trustee

 

 

Property Owner

Kerikeri

 

 

Friends who work at Far North District Council

 

 

 

Kerikeri Cruising Club

Subscription Member

 

 

Rachel Smith (Partner)

Property Owner

Kerikeri

 

 

Friends who work at Far North District Council

 

 

 

Kerikeri Cruising Club

Subscription Member and Treasurer

 

 

Kelly Stratford

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

Taumarere Counselling Services

Advisory Board Member

May be perceived conflicts

Should conflict arise, step aside from voting

Sport Northland

Board Member

May be perceived conflicts

Should conflict arise, step aside from voting

Kelly Stratford - Partner

Chef and Barista

Opua Store

None perceived

 

Māori title land – Moerewa

Shareholder

None perceived

If there was a conflict of interest I would step aside from decision making

Moko Tepania

Teacher

Te Kura Kaupapa Māori o Kaikohe.

Potential Council funding that will benefit my place of employment.

Declare a perceived conflict

Chairperson

Te Reo o Te Tai Tokerau Trust.

Potential Council funding for events that this trust runs.

Declare a perceived conflict

Tribal Member

Te Rūnanga o Te Rarawa

As a descendent of Te Rarawa I could have a perceived conflict of interest in Te Rarawa Council relations.

Declare a perceived conflict

Tribal Member

Te Rūnanga o Whaingaroa

As a descendent of Te Rūnanga o Whaingaroa I could have a perceived conflict of interest in Te Rūnanga o Whaingaroa Council relations.

Declare a perceived conflict

Tribal Member

Kahukuraariki Trust Board

As a descendent of Kahukuraariki Trust Board I could have a perceived conflict of interest in Kahukuraariki Trust Board Council relations.

Declare a perceived conflict

Tribal Member

Te Rūnanga ā-Iwi o Ngāpuhi

As a descendent of Te Rūnanga ā-Iwi o Ngāpuhi I could have a perceived conflict of interest in Te Rūnanga ā-Iwi o Ngāpuhi Council relations.

Declare a perceived conflict

John Vujcich

Board Member

Pioneer Village

Matters relating to funding and assets

Declare interest and abstain

Director

Waitukupata Forest Ltd

Potential for council activity to directly affect its assets

Declare interest and abstain

Director

Rural Service Solutions Ltd

Matters where council regulatory function impact of company services

Declare interest and abstain

Director

Kaikohe (Rau Marama) Community Trust

Potential funder

Declare interest and abstain

Partner

MJ & EMJ Vujcich

Matters where council regulatory function impacts on partnership owned assets

Declare interest and abstain

Member

Kaikohe Rotary Club

Potential funder, or impact on Rotary projects

Declare interest and abstain

Member

New Zealand Institute of Directors

Potential provider of training to Council

Declare a Conflict of Interest

Member

Institute of IT Professionals

Unlikely, but possible provider of services to Council

Declare a Conflict of Interest

 

 

 


Extraordinary Council Meeting Agenda

23 February 2021

 

Far North District Council

Extraordinary Council Meeting

will be held in the Council Chamber, Memorial Ave, Kaikohe:

Tuesday 23 February 2021 at 9.30 am

Order Of Business / Te Paeroa Mahi

1          Karakia Timatanga – Opening Prayer. 11

2          Apologies and Declarations of Interest 11

3          Deputation. 11

4          Mayoral Announcements. 11

5          Reports. 12

5.1            Non-Binding Poll on Māori Wards. 12

6          Karakia Whakamutunga – Closing Prayer. 28

7          Meeting Close. 28

 

 


1            Karakia Timatanga – Opening Prayer

2            Apologies and Declarations of Interest

Members need to stand aside from decision-making when a conflict arises between their role as a Member of the Council and any private or other external interest they might have. This note is provided as a reminder to Members to review the matters on the agenda and assess and identify where they may have a pecuniary or other conflict of interest, or where there may be a perception of a conflict of interest.

If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the meeting or of the relevant item of business and refrain from participating in the discussion or voting on that item. If a Member thinks they may have a conflict of interest, they can seek advice from the Chief Executive Officer or the Team Leader Democracy Support (preferably before the meeting).

It is noted that while members can seek advice the final decision as to whether a conflict exists rests with the member.

3            Deputation

No requests for deputations were received at the time of the Agenda going to print.

4            Mayoral Announcements    


Extraordinary Council Meeting Agenda

23 February 2021

 

5            Reports

5.1         Non-Binding Poll on Māori Wards

File Number:           A3083247

Author:                    Caroline Wilson, Manager - District Administration

Authoriser:             Jaime Dyhrberg, Manager - Transformation and Assurance

 

Purpose of the Report

To seek approval to not hold a non-binding poll on Māori Wards prior to 21 May 2021. 

Executive Summary

·        The Local Electoral (Māori Wards and Māori Constituencies) Amendment Bill is expected to be passed into law during the week of 22 February 2021: 

o   repealing the “Māori ward poll provisions” in the Local Electoral Act 2001 (LEA);

o   preventing councils from holding binding polls on Māori wards and constituencies (while retaining the right for councils to hold non-binding polls); and

o   providing a transition period ending on 21 May 2021 in which councils may consider, or reconsider, establishing Māori wards or constituencies for the 2022 local elections.

·        If passed, Council’s decision to hold a binding poll with the 2022 elections will be annulled.

·        To inform their decision, Council may consider holding a non-binding poll prior to the legislative deadline of 21 May 2021 to gauge community sentiment.  The decision to do so must be made by no later than 23 February 2021 to meet legislative timeframes of holding a poll under the LEA and will require an extraordinary meeting in the afternoon or evening of 21 May 2021 (as the poll closes at midday on the 21 May).

·        The resolution made on 29 October 2020 that Māori wards were not going to be established for 2022 still stands if Council does nothing (ie does not reconsider the matter by 21 May.

·        The Bill, once enacted, gives councils the option to reconsider Māori wards as part of the rep review for the 2022 triennium.

 

 

Recommendation

That Council does not hold a non-binding poll, under section of the 9 of the Local Electoral Act on Māori Wards prior to 21 May 2021. 

 

1) Background

Council made the decision at its meeting on 29 October 2020 not to establish Māori wards and to hold a binding poll on the subject of Māori wards with the 2022 election activities.  The decision to hold this with the 2022 elections was two-fold:

·    the costs associated with a poll are significantly reduced when combined with a triennial election;

·    the desire to run a public education programme on the topic Māori wards during 2022.

The decision from that binding poll would be in effect for the 2025 and 2028 triennia.

The cost of combining the poll with the triennial election would vastly reduce the burden to the ratepayer.  The cost of a standalone poll is circa $80,000 to $90,000 in comparison to $8,000-$9,000 when combined with the triennial election process.   This was one of the key drivers for combining the poll with the 2022 triennial election.

It was further planned that a comprehensive communication, engagement and education programme would commence in early 2022 on the topic of Māori wards, to ensure our communities understood what Māori wards are in time for the poll in late 2022.

With the potential change to legislation, and subject to that change coming into force, Council has the option to pursue a poll under section 9 of the LEA in order to gauge community feedback.

Council held a further workshop on 22 February 2021 with both Māori and non-Māori representation so as to gauge their views on establishing Māori wards.  The selection of this date was in line with the original timeframes from Parliament that the Bill would be passed into law on Monday 22 February 2021. 

From this workshop, there were mixed views as to whether to hold a poll now or with the 2022 triennial election.    Bearing in mind that Council has until 21 May 2021 to reconsider its’ decision on Māori wards, the purpose of this report is solely to address the matter of an urgent non-binding poll.  At a future date, staff will submit a report to Council, outlining the new legislation and the option it presents where Council can decide, or not, to re-consider Māori wards for 2022 and 2025.

There was discussion on whether or not Council needed to rescind their resolution of 29 October 2020 via Notice of Motion from the elected members, and legal advice has been sought.   Under clause 23.6 of Councils standing orders (clause 30 (6) of Schedule 7 of the LGA), Council may revoke or alter a previous decision by recommendation in a report.  

2) Discussion and Options

Government is likely to pass into law the Amendment Bill to the Local Electoral Act which repeals the Māori ward poll provisions and prevents Council from holding a binding poll.  The decision made by Council on 29 October 2020 to hold a binding poll will then be annulled. 

It also provides an option for Council to reconsider establishing Māori wards in time to take effect for the 2022 local elections.  Any decision made will form part of the Representation Review.

If Council wishes to gauge community sentiment through a non-binding poll under section 9 of the LEA, this decision must be made now in order to meet the legislative timeframe of the poll closing on 21 May 2021.

In making this decision, it should be noted that the informal consultation on the Representation Review to be undertaken during March 2021 includes the topic of Māori wards and seeks feedback from our communities as to whether they are in support or not.  The roadshow itself, which is complementary to online engagement activities, will reach many of the smaller communities that typically do not engage in the activities of Council.   Community members will have the option to speak directly to staff and elected members on the topic.  This presents an ideal opportunity to gauge community sentiment, educate our communities and in itself is a form of non-binding poll.

Option 1 – Hold a non-binding poll

In this option, Council will hold a standalone poll at a cost of about $90,000.  The poll would close at midday on 21 May 2021 thus requiring an Extraordinary Council meeting later that day to meet legislative timeframes.  The results of the poll would not be known until mid/late afternoon.

Outlined below are the pros and cons to holding a non-binding poll:

Pros

Cons

Every registered elector in the Far North will have an opportunity to provide feedback.

Standalone poll may result in less actual feedback, as people may not engage with the process (i.e. receiving it via mail, completing it, posting it back)

Gauges community sentiment without binding Council to a course of action.

Being non-binding could disenfranchise those whose feedback was not taken into consideration (i.e. Council makes an alternative decision).

 

A standalone poll will cost about $90,000.

 

There is limited opportunity to run a public education programme as intended by Councils’ previous decision. 

These timeframes are extremely constrained and will leave very little time / no time for Council to workshop the results of the poll.

Option 2 – Use the informal consultation process to gauge community feedback

In this option, officers will collect evidence from the roadshows and online engagement surveys on Māori wards.  It is planned that a further short workshop would be held at the end of March, leading into a report to the 8 April 2021 Council meeting, where Council agree, or not, to re-consider the matter of Māori wards.   In doing so, there would be three options:

1.   Establish Māori wards to take effect for the 2022 elections;

2.   Rescind Council’s resolution of 29 October 2020 (for a binding poll) and hold a non-binding poll with the 2022 election activities.

3.   Do nothing.  The status quo of no Māori wards would be maintained.

If there was a need for further consideration and/or workshops, Council still has time during the month of April leading into the 20 May Council meeting.  This is the preferred option of officers.

Outlined below are the pros and cons to informal consultation:

Pros

Cons

Community engagement reach will be wide, with the roadshow going into our main centres and smaller communities.  It is a more direct form of community engagement.

Being informal could disenfranchise those whose feedback was not taken into consideration (i.e. Council makes an alternative decision).

Gauges community sentiment without binding Council to a course of action.

 

The cost is combined into existing consultation activities.  There is no additional budget required.

 

Our people can ask questions of staff and elected members during the roadshow or online and provide their feedback. 

 

Reason for the recommendation

To undertake a poll now before Council has formed their position on whether they wish to re-consider their previous decision may create unrealistic expectations about the electoral arrangements for 2022.

3) Financial Implications and Budgetary Provision

There is budgetary provision for holding a non-binding poll.  This budget was set aside in the event that Council received a formal demand for a poll on either voting systems or Māori wards.

Attachments

1.       Local Electoral Māori Wards and Māori Constituencies Amendment Bill - A3092598

2.       Extract from minutes of 29 October 2020 - A3092597  

 

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 decision is low significance as it is a non-binding poll.

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

This relates to the Local Electoral Act and the newly passed Amendment Bill.

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

This has district wide relevance as all voters in the Far North will have the opportunity to provide feedback.

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.

Workshops prior to the decision on the 29th October 2020 were held with key iwi leaders of the Far North.  Building relationships with our iwi and hapū are a key focus for this Council.

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).

All voters of the Far North are affected and will have an opportunity to provide feedback on Māori wards through the non-binding poll.

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

Budget has been set aside for a binding poll on voting systems or Māori wards under the old legislation.  This budget is still available for a non-binding poll.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.


Extraordinary Council Meeting Agenda

23 February 2021

 

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Extraordinary Council Meeting Agenda

23 February 2021

 

 

6.3         Māori Elected Members on Council

Agenda item 6.3 document number A2964943, pages 69 - 78 refers.

Moved:       Cr Kelly Stratford

Seconded:  Cr Moko Tepania

That Council establish Māori wards for the 2022 and 2025 Local Government elections.

In Favour:       Crs David Clendon, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Mayor John Carter Crs Ann Court, Dave Collard, Felicity Foy and Mate Radich

equal

motion

Moved:       Mayor John Carter

Seconded:  Cr Dave Collard

That Council resolve to hold a poll of electors during the 2022 local body elections

At 12:00 pm, Cr Kelly Stratford left the meeting. At 12:04 pm, Cr Kelly Stratford returned to the meeting.

Amendment

Moved:       Cr David Clendon

Seconded:  Cr Rachel Smith

That Council commit significant budget to the communication and information strategy and campaign to ensure the public are well informed before the poll.

lost

Resolution  2020/74

Moved:       Mayor John Carter

Seconded:  Cr Dave Collard

That Council resolve to hold a poll of electors during the 2022 local body elections.

In Favour:       Mayor John Carter, Crs Ann Court, David Clendon, Dave Collard, Felicity Foy and John Vujcich

Against:           Crs Mate Radich, Rachel Smith, Kelly Stratford and Moko Tepania

carried

 

 

 


Extraordinary Council Meeting Agenda

23 February 2021

 

6            Karakia Whakamutunga – Closing Prayer

7            Meeting Close