Te Kaunihera o Tai Tokerau ki te Raki

 

 

AGENDA

 

Ordinary Council Meeting

 

Thursday, 25 February 2021

 

Time:

10.00 am

Location:

Council Chamber

Memorial Avenue

Kaikohe

 

 

Membership:

Mayor John Carter - Chairperson

Deputy Mayor Ann Court

Cr David Clendon

Cr Dave Collard

Cr Felicity Foy

Cr Mate Radich

Cr Rachel Smith

Cr Kelly Stratford

Cr Moko Tepania

Cr John Vujcich

 

 


Ordinary Council Meeting Agenda

25 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

Shareholder - Northland Planning & Development 2020

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 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

 

 

 


Ordinary Council Meeting Agenda

25 February 2021

 

Far North District Council

Ordinary Council Meeting

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

Thursday 25 February 2021 at 10.00 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          Confirmation of Previous Minutes. 12

5.1            Confirmation of Previous Minutes. 12

6          Reports. 29

6.1            Vodafone Licence. 29

6.2            Transfer of Local Purpose (Esplanade) Reserve to Landowners of Kopuakawau Block  46

6.3            Options Report Treated Water Supply Regulation. 51

6.4            Adoption of the Long Term Plan 2021-2031 Consultation Document and Supporting Information. 59

6.5            Amendment to Rating Delegations. 63

6.6            Elected Member Report - 2020 Young Elected Member Hui 75

6.7            Changes to the 2021 Formal Meeting Calendar 84

7          Information Reports. 86

7.1            Community Board Updates January - February 2020. 86

7.2            Transitional Legislation on Māori Representation. 102

7.3            CEO Report to Council 01 November 2020 - 31 December 2020. 107

8          Public Excluded. 145

8.1            Confirmation of Previous Minutes - Public Excluded. 145

8.2            Re-appointment of Directors for Far North Holdings Limited. 145

8.3            All of Government Electricity Providers. 145

9          Karakia Whakamutunga – Closing Prayer. 146

10       Meeting Close. 146

 

 


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

·      Andy Nock and Bill Birnie  - Far North Holdings Ltd

4            Mayoral Announcements    

·      Rangitoto Reserve

·      Duffus Trust

·      Working Party Delegations

·      Manifesto Update on Disability Issues – Cr Stratford

·      Procurement Policy – Cr Foy

 


Ordinary Council Meeting Agenda

25 February 2021

 

5            Confirmation of Previous Minutes

5.1         Confirmation of Previous Minutes

File Number:           A3052352

Author:                    Casey Gannon, Meetings Administrator

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

Purpose of the Report

The minutes are attached to allow Council to confirm that the minutes are a true and correct record of previous meetings.

Recommendation

That Council confirm the minutes of the Council meetings held 10 December 2020, 14 December 2020, 21 December 2020, and 2 February 2021 as a true and correct record.

 

 

1) Background

Local Government Act 2002 Schedule 7 Section 28 states that a local authority must keep minutes of its proceedings.  The minutes of these proceedings duly entered and authenticated as prescribed by a local authority are prima facie evidence of those meetings.

2) Discussion and Options

The minutes of the meetings are attached.

Far North District Council Standing Orders Section 27.3 states that no discussion shall arise on the substance of the minutes in any succeeding meeting, except as to their correctness.

Reason for the recommendation

The reason for the recommendation is to confirm the minutes are a true and correct record of the previous meetings.

3) Financial Implications and Budgetary Provision

There are no financial implications or the need for budgetary provision as a result of this report.

Attachments

1.         2020-12-10 Ordinary Council Minutes - A3032382

2.         2020-12-14 Extraordinary Council Minutes – A2917767

3.       2020-12-21 Extraordinary Council Minutes - A3043443

4.       2021-02-02 Extraordinary Council Minutes - A3074260  

 


 

Compliance schedule:

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

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

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

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

c)      If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

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

 

Compliance requirement

Staff assessment

State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

This is a matter of low significance.

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

This report complies with the Local Government Act 2002 Schedule 7 Section 28.

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

It is the responsibility of each meeting to confirm their minutes therefore the views of another meeting are not relevant.

State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.

There are no implications for Māori in confirming minutes from a previous meeting. Any implications on Māori arising from matters included in meeting minutes should be considered as part of the relevant report.

Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example, youth, the aged and those with disabilities).

This report is asking for minutes to be confirmed as true and correct record, any interests that affect other people should be considered as part of the individual reports.

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

There are no financial implications or the need for budgetary provision arising from this report.

Chief Financial Officer review.

The Chief Financial Officer has not reviewed this report.

 


Ordinary Council Meeting Agenda

25 February 2021

 

   MINUTES OF Far North District Council
Ordinary Council Meeting
HELD AT THE
Council Chamber, Memorial Avenue, Kaikohe
ON
Thursday, 10 December 2020 AT 10:00 am

 

PRESENT:                   Deputy Mayor Ann Court, Cr David Clendon, Cr Dave Collard, Cr Felicity Foy, Cr Mate Radich, Cr Rachel Smith, Cr Kelly Stratford, Cr Moko Tepania, Cr John Vujcich

IN ATTENDANCE:      Mike Edmonds (Kaikohe-Hokianga Community Board Chairperson), Adele Gardner (Te Hiku Community Board Chairperson), Belinda Ward (Bay of Islands-Whangaroa Community Board)

STAFF PRESENT:               Shaun Clarke (Chief Executive Officer), Andy Finch (General Manager Infrastructure and Asset Management), Dean Myburgh (General Manager District Services), William J Taylor, MBE (General Manager Corporate Services), Sheryl Gavin (General Manager Strategic Planning and Policy - Acting)

1            Karakia Timatanga – Opening Prayer

Councillor Rachel Smith commenced the meeting with a prayer.

2            Apologies and Declarations of Interest

Resolution  2020/87

Moved:       Deputy Mayor Ann Court

Seconded:  Cr John Vujcich

That apologies from His Worship the Mayor John Carter be received and accepted.

Carried

3            Deputation

Dr. Alison Vaughan spoke on behalf of SPCA NZ with regard to Animal Welfare impacts.

Judy Rankin spoke on behalf of Far North Sea Change with regard to a survey reviewing Far North Holdings Ltd.

Justin Blaikie spoke on behalf of Kaikohe and Districts Sportsville with regard to the Sportsville Master Plan Design.

Diane Maxwell spoke with regard to the proposal of the Peterson Motors Building, Kaikohe.

Ipu Absolum and Janine McVeagh spoke on behalf of Te Puna o Kupenuku in regard to the lease agreement at the Rawene campus.

4            Mayoral Announcements  

Deputy Mayor Ann Court acknowledged:

-     the presence of community board members,

-     Janice Smith acting in place of Will Taylor, and

-     Far North District Council staff for their work and effort throughout this year.

5            Confirmation of Previous Minutes

5.1         Confirmation of Previous Minutes

Agenda item 5.1 document number A3018698, pages 10 - 19 refers.

Resolution  2020/88

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Kelly Stratford

That Council confirms the minutes of the Council meeting held 29 October 2020 as a true and correct record.

Carried

6            Reports

6.1         Lease of Local Purpose (Education Facilities) Reserves, Rawene to Te Puna o Kupenuku.

Agenda item 6.1 document number A3026514, pages 20 - 28 refers.

Motion

Moved:       Deputy Mayor Ann Court

Seconded:  Cr John Vujcich

That the Far North District Council agree:

Pursuant to the Reserves Act 1977 the Far North District Council consents to a new lease over the local purpose (educational facilities) reserve (Sections 154 - 156 and 159 - 166 Town of Rawene Block XIV Mangamuka Survey District) to Te Puna o Kupenuku subject to the following conditions:

i)        Rental - $1 plus GST

ii)       Term of lease - 3 years

iii)      Right of Renewal - 3 years

iv)      Rent Review - On renewal

v)      Authorise the General Manager Infrastructure and Asset Management to negotiate and agree the final terms and conditions of the lease.

AMENDMENT

ii)       Term of lease - 5 years

iii)      Right of Renewal - 5 years

The amendment became the substantive motion.

RESOLUTION  2020/89

Moved:       Deputy Mayor Ann Court

Seconded:  Cr John Vujcich

That the Far North District Council agree:

Pursuant to the Reserves Act 1977 the Far North District Council consents to a new lease over the local purpose (educational facilities) reserve (Sections 154 - 156 and 159 - 166 Town of Rawene Block XIV Mangamuka Survey District) to Te Puna o Kupenuku subject to the following conditions:

i)       Rental - $1 plus GST

ii)      Term of lease - 5 years

iii)     Right of Renewal - 5 years

iv)     Rent Review - On renewal

v)      Authorise the General Manager Infrastructure and Asset Management to negotiate and agree the final terms and conditions of the lease.

Carried

 

6.2         Road Naming - Peras Road Waima

Agenda item 6.2 document number A3000736, pages 29 - 38 refers.

Resolution  2020/90

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Kelly Stratford

That Council rename Peras Road in Waima, Pera Road.

Carried

 

6.3         Joint Local Authority Climate Change Committee - Agreement and Appointment of Members

Agenda item 6.3 document number A3018905, pages 39 - 44 refers.

Motion  

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Moko Tepania

That the Council:

a)      agrees, under clause 30A(1) of Schedule 7 of the Local Government Act 2002, with the Northland Regional Council, Whangārei District Council and Kaipara District Council to appoint a joint committee called the Joint Climate Change Adaptation Committee as specified in the Terms of Reference (A2994705), subject to the Terms of Reference being amended by:

·        replacing, in the Membership section, the words “nominated”, “nomination” and “nominate” with the words “appointed”, “appointment” and “appoint” respectively

·        replacing, in the Committee Chair and Deputy Chair section, the words “elected from” with the words “appointed by”

·        replacing, in the Remuneration section, the words “non-elected members remuneration policy of that Council” with “the Northland Regional Council Appointed Members’ Allowances Policy”.

b)      appoints Councillor Clendon as the Far North District Council elected member on the Joint Climate Change Adaptation Committee.

c)      appoints Councillor Stratford as the Far North District Council alternative elected member on the Joint Climate Change Adaptation Committee.

d)      request His Worship the Mayor and Cr Clendon to invite Te Kahu o Taonui to nominate two people with skills, attributes, or knowledge that will assist the work of the Joint Climate Change Adaptation Committee to be the Far North District Council iwi/hapū member and alternative iwi/hapū member of the Committee.

e)      recommend to Council that a policy for the remuneration of non-elected members for committees of Council be developed.

f)       request that the policy is not inconsistent with other Northland Councils remuneration policies for Joint Regional committees

 

AMENDMENT

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Moko Tepania

That Council note:

e)      Strategic Policy and Planning Committee recommend that a policy for the rummuneration of non-elected members for committees of Council be developed.

f)       Strategic Policy and Planning Committee request that the policy is not inconsistent with other Northland Councils remuneration policies for Joint Regional Committees.

MOTION

The amendment became the substantive motion.

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Moko Tepania

That the Council:

a)      agrees, under clause 30A(1) of Schedule 7 of the Local Government Act 2002, with the Northland Regional Council, Whangārei District Council and Kaipara District Council to appoint a joint committee called the Joint Climate Change Adaptation Committee as specified in the Terms of Reference (A2994705), subject to the Terms of Reference being amended by:

·        replacing, in the Membership section, the words “nominated”, “nomination” and “nominate” with the words “appointed”, “appointment” and “appoint” respectively

·        replacing, in the Committee Chair and Deputy Chair section, the words “elected from” with the words “appointed by”

·        replacing, in the Remuneration section, the words “non-elected members remuneration policy of that Council” with “the Northland Regional Council Appointed Members’ Allowances Policy”.

b)      appoints Councillor Clendon as the Far North District Council elected member on the Joint Climate Change Adaptation Committee.

c)      appoints Councillor Stratford as the Far North District Council alternative elected member on the Joint Climate Change Adaptation Committee.

d)      request His Worship the Mayor and Cr Clendon to invite Te Kahu o Taonui to nominate two people with skills, attributes, or knowledge that will assist the work of the Joint Climate Change Adaptation Committee to be the Far North District Council iwi/hapū member and alternative iwi/hapū member of the Committee.

That Council note:

e)      Strategic Policy and Planning Committee recommend that a policy for the remuneration of non-elected members for committees of Council be developed.

f)       Strategic Policy and Planning Committee request that the policy is not inconsistent with other Northland Councils remuneration policies for Joint Regional Committees.

CARRIED

 

6.4         Kaka Street Beach Access

Agenda item 6.4 document number A2983949, pages 45 - 47 refers.

Motion

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Felicity Foy

That Council approves:

a)      the requirement for unplanned operational expenditure of approximately $150k to appoint a consultant to investigate options to resolve the ongoing access to 90-mile beach from Kaka Street, Ahipara, or identify a different location for an alternative access

That Council notes:

b)      that this work is unplanned and additional to the work programme identified in the Annual Plan

c)      that unbudgeted capital expenditure may be needed in future to address a permanent solution to securing beach access

d)      that the option of providing an alternative point of access to 90-mile beach will be considered

e)      that a planning assessment will be needed for each option considered to identify the need for a Resource Consent to be issued by Northland Regional Council for any significant work. A Resource Consent, if needed, can take approximately six to nine months to obtain

f)       that the final cost of the work will be dependent upon the conditions associated with the Resource Consent.

g)      the external consultant procured to manage this project will, for urgency, be through a direct appointment.

h)      a further report will be brought to Council outlining the preferred option and confirming required capital budget.

AMENDMENT

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Felicity Foy

That Council approves:

a)      the requirement for unplanned operational expenditure of up to approximately $150k to appoint a consultant to investigate options to resolve the ongoing access to 90-mile beach from Kaka Street, Ahipara, or identify a different location for an alternative access

That Council notes:

b)      that this work is unplanned and additional to the work programme identified in the Annual Plan

c)      that unbudgeted capital expenditure may be needed in future to address a permanent solution to securing beach access

d)      that the option of providing an alternative point of access to 90-mile beach will be considered

e)      that a planning assessment will be needed for each option considered to identify the need for a Resource Consent to be issued by Northland Regional Council for any significant work. A Resource Consent, if needed, can take approximately six to nine months to obtain

f)       that the final cost of the work will be dependent upon the conditions associated with the Resource Consent.

g)      the external consultant procured to manage this project will, for urgency, be through a direct appointment.

h)      a further report will be brought to Council outlining the preferred option and confirming required capital budget.

The amendment became the substantive motion

MOTION

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Felicity Foy

 

That Council approves:

a)      the requirement for unplanned operational expenditure of up to approximately $150k to appoint a consultant to investigate options to resolve the ongoing access to 90-mile beach from Kaka Street, Ahipara, or identify a different location for an alternative access

That Council notes:

b)      that this work is unplanned and additional to the work programme identified in the Annual Plan

c)      that unbudgeted capital expenditure may be needed in future to address a permanent solution to securing beach access

d)      that the option of providing an alternative point of access to 90-mile beach will be considered

e)      that a planning assessment will be needed for each option considered to identify the need for a Resource Consent to be issued by Northland Regional Council for any significant work. A Resource Consent, if needed, can take approximately six to nine months to obtain

f)       that the final cost of the work will be dependent upon the conditions associated with the Resource Consent.

g)      the external consultant procured to manage this project will, for urgency, be through a direct appointment.

h)      a further report will be brought to Council outlining the preferred option and confirming required capital budget.

In Favour:       Deputy Mayor Ann Court, Felicity Foy, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Crs David Clendon, Dave Collard and Mate Radich

carried

 

6.5         Roadside Rubbish and Recycling

Agenda item 6.5 document number A2995081, pages 48 - 55 refers.

Resolution  2020/91

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Moko Tepania

That Council:

a)      requests further investigation and analysis of future options for litter control, solid waste monitoring, kerbside collections will be considered in the S17A Service Delivery Review.

b)      requests a report outlining the findings of the review including future service level enhancements when the review is completed.

Carried

 

Meeting adjourned from 11:47 am to 11:59 am.

 

6.6         Integrated Transport Strategy

Agenda item 6.6 document number A3005155, pages 56 - 77 refers.

Resolution  2020/92

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Kelly Stratford

That Council endorse the Integrated Transport Strategy and Programme Business Case.

Carried

 

6.7         Adoption of the Annual Report for the year ended 30 June 2020

Agenda item 6.7 document number A3015908, pages 78 - 79 refers.

Resolution  2020/93

Moved:       Deputy Mayor Ann Court

Seconded:  Cr John Vujcich

That Council:

a)      adopt the Annual Report for the year ended 30 June 2020;

b)      agree that the General Manager Corporate Services is authorised to make any grammatical changes that may be required, and that;

c)   the wording of Key Project/Initiative 7, Russell Wharf on Page 53 Contribution to strategic objectives be changed to: To increase and improve public and community benefits from the facility under best ownership and management model. To enhance and increase the longevity and benefits from the structure.

Carried

Attachments tabled at meeting

1     Tabled Document - Independent Auditors Report

Adjourned for lunch from 12:36 pm to 1:07 pm.

6.8         Far North Holdings Ltd Annual Report for the year ended 30 June 2020

Agenda item 6.8 document number A3015934, pages 80 - 81 refers.

Resolution  2020/94

Moved:       Deputy Mayor Ann Court

Seconded:  Cr John Vujcich

That Council accept the Annual Report for Far North Holdings Ltd for the year ended 30 June 2020.

Carried

 

6.9         Adoption of Community Board Working Party Terms of Reference

Agenda item 6.9 document number A3013463, pages 82 - 85 refers.

Resolution  2020/95

Moved:       Deputy Mayor Ann Court

Seconded:  Cr John Vujcich

That the Council formally establish the Community Board Working Party as set out by the tabled Terms of Reference.

Carried

Attachments tabled at meeting

1     Tabled Document - Community Board Working Party Terms of Reference Document A3013476

 

6.10       Sustainable Procurement Policy

Agenda item 6.10 document number A2970913, pages 86 - 92 refers.

Resolution  2020/96

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Dave Collard

That Council

a)      rescind the resolution made at the Council meeting, 25 October 2018

Resolution  2018/1

Moved:       Mayor John Carter

Seconded:  Cr Ann Court

That Council adopts the revised FNDC Procurement Policy – Procuring Goods and Services.

Carried

b)      adopt the Sustainable Procurement Policy.

Carried

7            Information Reports

7.1         Electrocoagulation Wastewater Treatment Update

Agenda item 7.1 document number A2973392, pages 93 - 114 refers.

Resolution  2020/97

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Felicity Foy

That Council refer the report Electrocoagulation Wastewater Treatment to the Infrastructure Committee.

Carried

 

7.2         Programme Darwin Update- November 2020

Agenda item 7.2 document number A3015889, pages 115 - 126 refers.

Resolution  2020/98

Moved:       Deputy Mayor Ann Court

Seconded:  Cr John Vujcich

That the Council receive the report Programme Darwin Update- November 2020.

Carried

 

7.3         Representation Review Costs

Agenda item 7.3 document number A3010764, pages 127 - 129 refers.

Resolution  2020/99

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Kelly Stratford

That the Council receive the report Representation Review Costs.

Carried

 

7.4         CEO Report to Council 01 September 2020 - 31 October 2020

Agenda item 7.4 document number A3008847, pages 130 - 198 refers.

Resolution  2020/100

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Kelly Stratford

That the Council receive the report CEO Report to Council 01 September 2020 - 31 October 2020.

Carried

8            Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2020/101

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Kelly Stratford

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

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

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

8.1 - Confirmation of Previous Minutes - Public Excluded

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

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

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

8.2 - Renewal of Revolving Cash Facility

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

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

8.3 - Kaikohe Library and Civic Hub

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

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

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

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

8.4 - Southern Animal Shelter - Asset Disposal

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

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

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

8.5 - Potential Rating Sale

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

8.6 - Alternative Wastewater Treatment Technologies Review - Moxiepel

s48(2)(a)(i) - the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the Council to deliberate in private on its decision or recommendation where a right of appeal lies to any court or tribunal against the final decision of the Council in these proceedings

s48(2)(a)(i) - the exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation

Carried

Meeting adjourned for a brief break at 2:26 pm until 2:35 pm.

Councillor Mate Radich left the meeting at 2:30 pm.

9            Karakia Whakamutunga – Closing Prayer

Councillor Moko Tepania closed with a karakia.

10          Meeting Close

The meeting closed at 4:10 pm.

 

The minutes of this meeting will be confirmed at the Ordinary Council meeting held on 25 February 2021.

 

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

CHAIRPERSON

 

 

 

 

 

 

 

                                                                                            

 

 

 

Extraordinary Council Meeting Minutes UNCONFIRMED

14 December 2020

 

 MINUTES OF Far North District Council
Extraordinary Council Meeting
HELD AT THE
Council Chamber, Memorial Avenue, Kaikohe
ON
Monday, 14 December 2020 AT 10:00 am

PRESENT:              Deputy Mayor Ann Court, Cr David Clendon, Cr Dave Collard, Cr Mate Radich, Cr Rachel Smith, Cr John Vujcich

IN ATTENDANCE: Andy Finch (General Manager Infrastructure and Asset Management), William J Taylor, MBE (General Manager Corporate Services), Mr & Mrs King, Richard Mark (Legal Counsel for Mr & Mrs King). Mr Andy Hillier (Legal Counsel – TPG)

STAFF PRESENT: David Clamp (Manager – Major and Recovery Projects), Marlema Baker (Meeting Administrator – Democracy Services), Aisha Huriwai (Team Leader – Democracy Services)

1            Karakia Timatanga – Opening Prayer

Cr Smith commenced the meeting with a karakia.

2            Apologies and Declarations of Interest

Apologies were received from His Worship the Mayor and Crs Tepania, Stratford, and Foy.

3            Reports

Meeting adjourned 10:08 am – resumed 10:35 am.

Meeting adjourned for lunch 11:46 am – resumed at 12:32 pm

Meeting adjourned 2:13 pm – resumed at 2:26 pm.

Motion to Exclude the Public

Resolution  2020/102

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Rachel Smith

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

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

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

3.1 – Objection

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

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

Carried

TABLED DOCUMENTs

·                Chronology of Negotiations: Elbury Holdings Limited – Andy Hillier.

·                Hearing of Elbury Holdings Objection Presentation – Andy Hillier.

·                Submission on behalf of Elbury Holdings Ltd dated 14/12/2020 – Richard Mark: Barrister & Solicitor.

6            Karakia Whakamutunga – Closing Prayer

7            Meeting Close

The meeting closed at 3:41 pm.

The minutes of this meeting will be confirmed at the Council Meeting held on 25 February 2021.

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

CHAIRPERSON

 

                                                                                            


Ordinary Council Meeting Agenda

25 February 2021

 

   MINUTES OF Far North District Council
Extraordinary Council Meeting
HELD AT THE
Virtually via , Microsoft Teams
ON
Monday, 21 December 2020 AT 12:30 pm

 

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

IN ATTENDANCE:      Adele Gardner (Te Hiku Community Board Chairperson)

STAFF PRESENT:      William J Taylor (Chief Executive Officer - Acting), Andy Finch (General Manager Infrastructure and Asset Management), Sheryl Gavin (General Manager Strategic Planning and Policy - Acting)

1            Karakia Timatanga – Opening Prayer

Cr Stratford commenced the meeting with the Council prayer.

2            Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2020/106

Moved:       Mayor John Carter

Seconded:  Cr Kelly Stratford

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

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

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

5.1 - Kerikeri CBD Ring Road Acquisition of Strategic Property

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

 

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

Against:           Nil

Carried

 

3            Confirmation of Information and Decisions in Open Meeting

Resolution  2020/107

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

That Council confirms that the decisions contained in the part if the meeting held with public excluded is to be restated in public meeting.

3.1         Kerikeri CBD Ring Road Acquisition of Strategic Property

Agenda item 5.1 document number A3042186, pages 11 - 14 refers

Resolution  2020/106

Moved:       Mayor John Carter

Seconded:  Cr Rachel Smith

That Council:

a)      confirm its intent to complete the Kerikeri ring road development as identified in the Integrated Transport Strategy; 

b)      authorise the CEO to negotiate and purchase the property at 13 Homestead Road, Kerikeri, as a strategic asset.

c)      resolve to continue acquiring properties for the future transportation needs of Kerikeri on a case by case basis and as they became available for the western route.

d)      receive an options report to the Infrastructure Committee in March 2021, outlining the next steps of the Strategic Western Route, including LTP considerations, to progress the project.

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

Against:          Nil

Abstained:      Cr Mate Radich

Carried

 

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

Against:           Nil

Carried

4            Karakia Whakamutunga – Closing Prayer

Cr Tepania closed the meeting with a Karakia.

5            Meeting Close

The meeting closed at 1.09 pm.

The minutes of this meeting will be confirmed at the Council meeting to be held on 25 February 2021.

 

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

CHAIRPERSON


Ordinary Council Meeting Agenda

25 February 2021

 

   MINUTES OF Far North District Council
Extraordinary Council Meeting
HELD AT THE Council Chamber, Memorial Avenue, Kaikohe
ON Tuesday, 2 February 2021 AT 1.34 pm

 

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

IN ATTENDANCE:      Mike Edmonds (Kaikohe-Hokianga Community Board Chairperson), Adele Gardner (Te Hiku Community Board Chairperson, via Microsoft TEAMS), Belinda Ward (Bay of Islands-Whangaroa Community Board, via Microsoft TEAMS)

STAFF PRESENT:      Andy Finch (Chief Executive Officer - Acting), Dean Myburgh (General Manager District Services) (via video-conference), William J Taylor, MBE (General Manager Strategic Planning and Policy - Acting), Janice Smith (General Manager Corporate Services - Acting)

 

1            Karakia Timatanga – Opening Prayer

Councillor Stratford commenced the meeting with a karakia.

2            Apologies and Declarations of Interest

Nil

3            Deputation

Nil

4            Mayoral Announcements   

Nil

5            Reports

5.1         Bay of Islands Sport Fields, Waipapa

Agenda item 5.1 document number A3071430, pages 12 - 20 refers

Resolution  2021/1

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Rachel Smith

That Council:

a)      approve the current central location of the Stage 1 Sport Fields provision, as detailed in Figure 1, with the primary aim of the venture prioritised and protected from any risk, and the future use of the balance of the land available (approximately 30 hectares subject to a further Council report at a later date.

b)      note that the decision is urgent to meet an obligation to MBIE to deliver the Stage 1  Sport Fields by December 2021.

n Favour:        Crs John Carter, Ann Court, David Clendon, Dave Collard, Felicity Foy, Mate Radich, Rachel Smith, Kelly Stratford and Moko Tepania

Against:           Cr John Vujcich

Carried

Note: Councilor Foy requested her conflict of interest be updated to show that she is no longer a director of Northland Planning and Development but is a Shareholder of Northland Planning and Development 2020.

 

6            Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2021/2

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

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

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

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

6.1 - Ratcliffes Bay - Land Purchase

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

 

Carried

7            Karakia Whakamutunga – Closing Prayer

Cr Moko Tepania closed the meeting with a karakia

8            Meeting Close

The meeting closed at 2.43 pm.

 

The minutes of this meeting will be confirmed at the Ordinary Council meeting to be held on 25 February 2021.

 

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

CHAIRPERSON

 


Ordinary Council Meeting Agenda

25 February 2021

 

6            Reports

6.1         Vodafone Licence

File Number:           A3073394

Author:                    Kaye Lethbridge, Property Legalisation Officer

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

 

Purpose of the Report

This report requests that Council approves the granting of a new licence to Vodafone for the continued operation of the telecommunications facility (cell tower) on a portion of the local purpose (quarry) reserve at Whakarara Road, Matauri Bay.

Executive Summary

·      In September 2019 the Bay of Islands – Whangaroa Community Board considered a report recommending Council grant a new licence to Vodafone to continue to operate the telecommunications facility.

·      The board resolved that further consultation with local hapu and adjoining landowners was to take place.

·      Vodafone has completed this consultation and no objections received.

 

Recommendation

That the Far North District Council:

 

a)      in its role as administering body of the local purpose (quarry) reserve and pursuant to its powers under Section 48A of the Reserves Act 1977, grants a licence to Vodafone to operate a telecommunications facility over 610m2 of local purpose (quarry) reserve, being Section 3 Block XIII Whakarara Survey District.

b)      in its role as the Minister of Conservation’s delegate, consents to the granting of the aforementioned licence. The terms of the licence shall be:

i)     Term: 10 years

ii)    Annual rental: $9,000 plus GST (if any)

iii)   Rent review: 3 yearly from commencement date; linked to Consumer Price Index

 

1) Background

The Bay of Islands – Whangaroa Community Board approved this licence subject to further consultation with hapu and adjoining landowners.

 

Initially there were hapu concerns about 5G being added to the existing tower however Vodafone has assured the community this is not proposed. The hapu advised Vodafone; “their other concern was not with Vodafone, but rather it was around the land.  And that, “the matter is being sought in the Waitangi Tribunal Claims process but as far as the facility is concerned, there is not a problem.”

 

Renewal and equipment changes

Vodafone has advised;

·    The tower height is 16 metres, not 15 metres as noted in the September report to the community board.

·    The proposed additional equipment is minor in scale and would unlikely be visibly noticeable against the existing structure.

·    The new equipment is not to upgrade the site to 5G, it will continue to operate at 4G and 3G spectrum.

·    The proposed ancillary equipment behind panel antennas are to be a like for like replacement to upgrade existing equipment.

·    The proposed ancillary equipment on the new mount will be new small radio unit banks.

·    The purpose of adding the radio units is to increase the capacity of the site so it can take more traffic/provide better calling quality and data speeds for more users.  The approximate size of each bank is 550mm H x 550mm W x 350mm D.

·    The proposed GPS antenna (ancillary equipment) is a small GPS antenna that synchronises the Matauri Bay site with the other sites in the Vodafone network.  Approximate size of the GPS antenna is 95mm in diameter.

·    2 degrees will be sharing Vodafone’s equipment on this site.  This means that 2 degrees will no longer have to co-locate their equipment on the tower. 

·    Vodafone are open to have future co-locatees on site, the licence allows for this. 

2) Discussion and Options

In 1999 Council consented to Vodafone’s use of the local purpose (quarry) reserve. Since then there has been a rent review and licence renewal in 2004 and 2014, the final termination date being September 2019.

 

The Community Board resolved that Vodafone be given a 6-month term to consult with the local hapu and adjoining landowners and to a renewal term of 10 years.  In accordance with the community board resolution Vodafone’s consultation was for a licence term of ten (10) years only with no right of renewal.

 

Vodafone would like to commence the upgrade work in March this year (2021).

Reason for the recommendation

The local purpose (quarry) reserve is not currently required for alternative use and the telecommunications facility exists and is in use.

3) Financial Implications and Budgetary Provision

Council will receive an annual rental for the use of the land.  Vodafone will maintain the facility and the access track

 

Attachments

1.       N1MBY Matautri Bay Community Engagement Letter and plans - licence Sep 2020 - A3063408

2.       Vodafone Consultation Table of names pdf – A3078983

3.       2021 updated licence E_2835167v1 X1803003.RAB.v5_[Vodafone] Telecommunication Licence  - Matauri Bay - A3078955  


 

Compliance schedule:

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

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

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

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

c)      If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

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

 

Compliance requirement

Staff assessment

State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

Low significance

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

The licence has been considered under the Reserves Act 1977 and Council’s Reserves Policy

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

The BOI-Whangaroa Community Board recommended further consultation, this has now been completed

State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.

There is no specific cultural significance attached to this proposal

Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).

The local community has been consulted.

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

Council will receive an annual rental and there are no associated costs for Council

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Ordinary Council Meeting Agenda

25 February 2021

 

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Ordinary Council Meeting Agenda

25 February 2021

 

 

The attached letter and plans have been sent to the following addresses:

Address Line 1

Address Line 2

City

Postcode

Title

Contact

2209 Wainui Road

RD1

Kaeo

478

NA770/155

Te Kura Kaupapa Maori o Whangaroa School

2223 Wainui Road

RD1

Kaeo

478

NA560/108

Matauri Bay School

2265C Wainui Road

RD1

Kaeo

478

NA129B/515

Resident

2265B Wainui Road

RD1

Kaeo

478

NA129B/513

Resident

2244 Wainui Road

RD1

Kaeo

478

NA94A/341

Resident

1405 Matauri Bay Road

RD1

Kaeo

478

NA131A/218

Resident

2151 Wainui Road

RD1

Kaeo

478

403151

Resident

2105 Wainui Road

RD1

Kaeo

478

NA51B/1352

Resident

Waiaua Bay Farm Limited

NA131A/219

info@kauricliffs.com

 

 

 

 

 


Ordinary Council Meeting Agenda

25 February 2021

 

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Ordinary Council Meeting Agenda

25 February 2021

 

6.2         Transfer of Local Purpose (Esplanade) Reserve to Landowners of Kopuakawau Block

File Number:           A3084332

Author:                    Carla Ditchfield-Hunia, Legal Services Officer

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

 

Purpose of the Report

To seek Elected Member approval to transfer Lot 9 DP 102868 being Local Purpose (Esplanade) Reserve to the owners of Kopuakawau Block.

Executive Summary

·      Request that elected members assist the Māori Land Court (MLC) in resolving an issue for affected landowners of Kopuakawau in relation to a block of land situated off Waikare Road, Russell.

·      The land was acquired by Council as part of a subdivision and is currently vested in Far North District Council as Local Purpose (Esplanade) Reserve Lot 9 DP 102868.

·      The land was originally Maori freehold land and appears to have inadvertently lost that status upon subdivision, which is now the matter being dealt with by the MLC.

·      This report provides information regarding the relevant MLC application and associated background as well as an option for elected members to consider.

·      This report was considered at the Bay of Islands-Whangaroa Community Board meeting held 4 February 2021. The Community Board made the following recommendation to Council:

 

Recommendation

That:

a.    Council, subject to the directions of the Māori Land Court, approve the transfer of Lot 9 DP 102838 being Local Purpose (Esplanade) Reserve to the landowners of Kopuakawau, or to such body or Trust as the Māori Land Court directs; and

b.    the transfer of land is to occur at no cost to Council.

 

1) Background

Far North District Council (FNDC) are an interested party to a Māori Land Court application (A20100008382).  The matter concerns a land parcel known as Kopuakawau Block. On 17 June 2009 the MLC issued orders under ss 128, 131 of the Te Ture Whenua Maori Act 1993 declaring the owners of Kopuakawau and determining the land to be Māori freehold land. The orders were subsequently rejected for registration by Land Information New Zealand (LINZ) as the title had been superseded by other titles issued by LINZ (61 Taitokerau MB 117, 25 June 2013). The application (A20100008382) arises out of the Māori Freehold Land Registration (MFLR) Project.

 

During 2005-2010 the Ministry of Justice and LINZ worked together on the Māori Freehold Land Registration (MFLR) Project, a joint initiative to register all outstanding Māori Land Court orders relating to Māori land ownership. The primary purpose of the project was to ensure that the title system of the Māori Land Court was reflected in the Torrens system administered by LINZ.  As a result of the project, registration of 97% of the 27,411 Māori land titles have been completed (https://maorilandcourt.govt.nz/assets/Documents/Publications/MLC-2011-Aug-Judges-Corner-Fox-DCJ.pdf, Deputy Chief Judge CL Fox).

 

Upon rejection by LINZ of the orders declaring the Kopuakawau Māori freehold land the MLC instructed an investigation into the matter which produced reports from Kurt Bowen, a Registered Professional Surveyor of Paterson Pitts Partners Ltd, and the Surveyor-General and Registrar-General of Lands. FNDC also filed a brief.

The position today is that the MLC maintains a title record for the Kopuakawau block but the effect of the issue of LINZ titles for Lots 1-4 and 9 on DP 102868 is that title to Kopuakawau has apparently been mistakenly overridden and thereby effectively cancelled (9 Taitokerau MB 89, 3 September 2010).  It appears that the Māori land title has been lost as a result of administrative actions affecting the LINZ titles or in approving survey plans (61 Taitokerau MB 116, 25 June 2013).

 

This is where FNDC’s interest lies. The area that once included the Kopuakawau block was subdivided in 1983 into 8 Lots which sit in fee simple. FNDC acquired the 9th Lot as Local Purpose (Esplanade) Reserve, for the purpose of providing public access to New Zealand’s waterways (Waikare River), a legislative requirement. I refer you to the attached plan (Attachment 1). Lot 9 is the piece highlighted orange and sits adjacent to the Waikare River. The Kopuakawau Block is/was roughly the shape, size and location of Lot 9 (currently vested in FNDC). Though it is understood that the area of Lot 9 is perhaps slightly smaller than the total sum of the area of the Kopuakawau Block. It is important to note that FNDC did not cause the cancellation of the Kopuakawau Block title. Any error occurred prior to the land being vested in FNDC.

 

INVESTIGATION REPORTS

An in-depth understanding of the history to this matter can be gained by reviewing the reports instructed by the Court.

a.    Kopuakawau Block Investigation Report by Paterson Pitts Partners Ltd, Kurt Bowen, Registered Professional Surveyor, 7 July 2010.

The report recognises a conflict between the spatial location of the Kopuakawau block and other land parcels in the area. It investigates the cause of the conflict, the current status of the Kopuakawau Block and proposes solutions which may be available to remedy the situation.

b.    Report produced by the Far North District Council, a supplement to Paterson Pitts Report, 5 November 2010.

This report supplements the Paterson Pitts investigation by providing a timeline of record of titles and raises a potential scenario of adverse occupation.

c.    Report relating to “Kopuakawau Block” from the Registrar-General and Surveyor-General of land, 20 December 2010.

This report is an investigation of the survey and title records held with LINZ (in relation to the Kopuakawau Block) dating back to 1836.

d.    Statement by Surveyor-General and Registrar-General of Land, 16 September 2011.

 

This statement is an update of the information unavailable at the time of the 20 December 2010 report.

 

SOLUTION FOR KOPUAKAWAU LANDOWNERS

The Paterson Pitts Report proposes that the Ministry of Justice could pursue with FNDC the acquisition of Lot DP 102868 as a replacement block for the original Kopuakawau Block (Kopuakawau Block Investigation Report by Paterson Pitts Partners Ltd Kurt Bowen, Registered Professional Surveyor, 7 July 2010 pg 6).  Appropriately the report recognises the difficulty in revoking the reserve status of Lot 9 and transferring Lot 9 into private ownership. The importance of maintaining public access to the Block (Lot 9) once transferred into Kopuakawau ownership has been raised with the Court. A further difficulty with revoking the reserve status of Lot 9 pursuant to the Reserves Act 1977, is that the required revocation process may result in the land (Lot 9) defaulting to Crown ownership.  

 

In order to achieve acquisition of Lot DP 102868 as a replacement block for the Kopuakawau landowners, the appropriate mechanism for legal transfer of titles must be determined and followed. At this point in time the appropriate mechanism is yet to be determined. Further guidance from interested parties will be sought as well as instruction from the MLC will be required. 

 

Legal Counsel of the affected landowners of Kopuakawau have asked: “Is the FNDC willing and/or able to provide Lot 9 to the owners by way of substitution of the original loss of the Kopuakawau land?” (Memorandum of Counsel on behalf of the Affected Māori Landowners of Kopuakawau, 23 October 2020, [13(a)]).

 

Before the method of transfer is further investigated it is pertinent to request that Council consider the question of whether it approves the disposing of its Local Purpose (Esplanade) Reserve (Lot 9 DP 102868) with the intention that affected landowners of Kopuakawau acquire it. This is the primary purpose of this report.

 

The attachments listed at the end of the report, provide additional information. Due to the size of the agenda they have been removed. The attachments are available as part of the 4 February 2020 Bay of Islands-Whangaroa Community Board meeting and are available at https://infocouncil.fndc.govt.nz/Open/2021/02/BIWCB_20210204_AGN_2380_AT_WEB.htm or by request.

2) Discussion and Options

Costs

 

The issue of costs is triggered should Council find in favour of the above solution. Any cost associated with this report has not been assigned budget. It is considered that where time and resources allow Council staff will assist, however until appropriate legislative mechanism is determined costs remain an issue.

 

On 13 November 2020 the MLC held a teleconference regarding A20100008382; interested parties including FNDC were in attendance. All parties understood that the disposal of the Local Purpose (Esplanade) Reserve and its transfer to Kopuakawau landowners requires elected member approval. It was agreed that the transfer of Lot 9 DP 102868 (vested in FNDC) to Kopuakawau landowners would be put to elected members for consideration.

 

Following Council’s decision, FNDC are required to file a joint memorandum (FNDC and Legal Counsel for the affected landowners) to the MLC by 10 March 2021 advising of the Council’s decision and any further proposed steps. A further teleconference has been set down for 12 March 2021 at 11:00am to consider appropriate directions or orders if required.

Reason for the recommendation

Local Purpose (Esplanade) Reserve Lot 9 DP 102868 is not currently maintained by FNDC, and budget has not been assigned to its regular maintenance. The application with the MLC has been ongoing for 10 years, FNDC’s approval of the recommendation would provide a solution for aggrieved landowners and enable the Ministry of Justice to bring this matter to a close.

 

If the appropriate legislative mechanism can be determined to allow the appropriate transfer of the land to Kopuakawau landowners, it is foreseen that there is no risk to Council in disposing of the land in the appropriate manner.

3) Financial Implications and Budgetary Provision

None.

Attachments

1.       Attachment 1 FNDC Local Maps Waikare, Russell - A3060824 (under separate cover)  

2.       Attachment 2 Kopuakawau Block Investigation Report Patterson Pitts 7 July 2010 - A3060821 (under separate cover)  

3.       Attachment 3 FNDC supplementary report 7 November 2010 - A3060827 (under separate cover)  

4.       Attachment 4 RG and SG of Land Report 20 December 2010 - A3060828 (under separate cover)  

5.       Attachment 5 SG and RG Statement 16 September 2011 - A3060823 (under separate cover)  

6.       Attachment 6 9 Taitokerau MB 88 to 90 3 Sep 2010 - A3060825 (under separate cover)  

7.       Attachment 7 61 Taitokerau MB 116, 25 June 2013 - A3060826 (under separate cover)  

8.       Attachment 8 Memorandum of Counsel Affected Maori landowners of Kopuakawau, 23 Oct 2020 - A3060822 (under separate cover)  

9.       Attachment 9 MLC-2011-Aug-Judges-Corner-Fox-DCJ[1] - A3060829 (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

Low for Council – High for Kopuakawau landowners.

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

Reserves Act 1977.

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 report will go to BOI-Whangaroa Community Board for consideration prior to Council meeting 25 Feb.

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.

Implications of decision against recommendation is that Kopuakawau landowners will continue to suffer a loss as to land lost.

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).

Legal Counsel for Kopuakawau landowners were invited to comment and/or support recommendation for Council transfer of Lot 9 DP 102868 to Kopuakawau landowners. 

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

Council to incur no cost in its support of this recommendation.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Ordinary Council Meeting Agenda

25 February 2021

 

6.3         Options Report Treated Water Supply Regulation

File Number:           A3083951

Author:                    Donald Sheppard, Strategic Planner

Authoriser:             William J Taylor MBE, General Manager - Strategic Planning and Policy (Acting)

 

Purpose of the Report

To provide options and a recommendation to Council for the regulation of treated water supply in the Far North District.

Executive Summary

·      This report identifies seven problems relating to the treated water supply network in the Far North:

1.  being able to preventatively apply water restrictions, for example due to an emerging drought.

2.  having the ability to still charge customers if water supply is interrupted, shut off, quality is poor or if water use is restricted.

3.  being able to manage the amount of water supplied to customers.

4.  being able to estimate water use if a meter is faulty or being repaired.

5.  avoiding potential contamination of the water supply by members of the public.

6.  avoiding damage to Council’s assets by the public (particularly damage to water mains).

7.  preventing misuse of the water supply, for example by people wasting water.

·      The report assesses three options to address the problem:  

1.  do nothing – allow the current bylaw to revoke.

2.  develop a new supply contract.

3.  make a new bylaw.

·      The report recommends that the governing body approves option 3 - make a new bylaw to regulate water supply.

·      This report was presented to the Strategy and Policy Committee at their meeting on 09 February 2021 for consideration. The Strategy and Policy Committee makes the following recommendation to Council.

 

Recommendation

That Council, under section 155 of the Local Government Act 2002:

a)      agrees that making a new Treated Water Supply Bylaw is the most appropriate way to regulate reticulated water supply in the Far North District;

b)      requests that staff prepare a statement of proposal to make a new Treated Water Supply Bylaw.

 

1) Background

From Far North District Council’s (FNDC’s) 2018/19 Annual Report, around one-third of properties in the Far North (10,133 properties) are connected to water services and all these properties have water meters. In the 2019 financial year, $10.1 million in water rates was collected from these properties.

These water services are now regulated by FNDC’s Water Supply Bylaw 2009, which was due for review on 16 October 2019.  As this review did not occur, the Bylaw will revoke on 16 October 2021.  To avoid this a new bylaw needs to be made before 16 October 2021. 

Water supply reforms were announced by Central Government in July 2020. These reforms make it likely that the Council will lose its water management role to a super-regional entity with shared ownership by local authorities including FNDC. When this occurs, the proposed regulation could be superseded by shared rules established by this entity and agreed by FNDC. However, the new entity will not commence operation until after July 2022. Therefore, FNDC needs to proceed with its own water supply regulation in the interim period.

2) Discussion and Options

Proposed course of action

Make a new bylaw to regulate treated water supply in the Far North District.

 

Issue and problem definition

From analysing logged interactions with the public regarding the supply of treated water, key problems include:

1.   being able to preventatively apply water restrictions, for example due to an emerging drought.

2.   having the ability to still charge customers if water supply is interrupted, shut off, quality is poor or if water use is restricted, for example, due to a drought.

3.   being able to manage the amount of water supplied by determining the level of water supplied to a property.

4.   being able to estimate water use If a meter is faulty or being repaired.

5.   avoiding potential contamination of the water supply by members of the public, which could make it unsafe to drink or use.

6.   avoiding damage to council’s assets by the public (particularly damage to water mains).

7.   preventing misuse of the water supply, for example by people wasting water.

Scope

The regulation of water supply applies to all eight water supply schemes owned by council.  It applies to all users of water supplied by these schemes including property owners/occupiers and operators of bulk water supply businesses.

It does not extend to private water schemes, which are regulated by national legislation.

 

Affected and interested parties

These parties include:

·    all those supplied with reticulated water from Far North District Council’s water schemes.

·    commercial suppliers of bulk water.

·    relevant tradespeople such as plumbers and drainlayers.

·    property developers and building companies.

·    community groups concerned about the supply of water to their community.

·    Northern Regional Council.

·    the District Health Board.

·    Far North Water – our partner in the delivery of treated water.

If elected members decide that a new bylaw will be made, these parties will be defined in greater detail in a communication and engagement plan.

Māori

Wai, or water, is regarded as a taonga of significant importance to Māori.  Therefore, effective management of wai is considered essential by Māori.  Consultation on new regulation in this area, if any, will require input from Iwi.

Objectives

1)    To fairly and efficiently manage water supply in the district.

2)    To ensure public health and safety.

3)    To protect Council’s assets.

4)    To protect the public from nuisance.

5)    To protect the water supply from misuse.

Relevant bylaw-making powers of the Council

To address the objectives, a new treated water supply bylaw could be made under:

·    section 145 of the Local Government Act 2002 (general bylaw-making powers) to protect, promote and maintain public health and safety and/or to protect the public from nuisance

·    section 146 of the Local Government Act 2002 (specific bylaw-making powers), to

manage, regulate against, or protect from, damage, misuse, or loss, or to prevent the use of, the land, structures, or infrastructure associated with water supply.

Under section 155 of the Local Government Act 2002, before making a bylaw the Council must first determine that a bylaw is the most appropriate way of addressing the perceived problem.

Relevant water supply legislation

Given the national importance of a safe and reliable water supply, there are at least fourteen Acts of Parliament as well as eight national standards, guidance documents and codes which govern the supply of treated water.

a)      Legislation Regulating the Council

Much of this legislation includes mandatory obligations for territorial authorities such as Far North District Council. These obligations are set out in:

·    the Local Government Act 2002

·    the Local Government Rating Act 2020

·    the New Zealand Building Code

·    the Fire and Emergency Act 2017

·    the Health Act 1956

·    the Resource Management Act 1991.

Some of these obligations do not directly apply to the public but set out what the Council must do. For example, under the Health Act 1956, FNDC must prepare a water safety plan for each water scheme and review it at least every five years, ensure that drinking water complies with drinking water standards and test back-flow protection devices annually. 

Other Council obligations are broader and more directly affect the public. For example, under the Health Act 1956, FNDC has a duty to protect and promote public health and must take reasonable steps to protect water supply from contamination or pollution.  As public activity may contaminate or pollute the water supply, the Council must ensure that this does not occur.

b)      Legislation Directly Regulating Public Activity

National legislation also directly regulates public activity in several areas, for example:

·    wasting water is an offence under sections 192 and 224 of the Local Government Act 2002

·    the Building Act 2004 and the associated Building Code sets standards for plumbing within buildings including connections to the water supply. Section 152 of the Local Government Act 2002 says that no bylaw can be made that covers matters regulated under the Building Act.

·    the ability to restrict water for non-payment of water bills  is covered in section 69S of the Health Act 1956.

·    Section 69ZZZ of the Health Act 1956 covers the installation of backflow devices.

·    protection of catchment areas is covered by  Sections 224 and 228 of the Local Government Act 2002, section 69ZZO of the Health Act 1956, and section 15 of the Resource Management Act 1991.

·    Section 228 of the Local Government Act 2002 makes it an offence to take water without a proper permit.

·    Section 19 of the Local Government (Ratings) Act 2002 allows the council to charge for water at a targeted rate.

·    it is an offence to tamper with water meters under section 224 of the Local Government (Ratings) Act 2002.

·    enforcing water restrictions is covered under section 193 of the Local Government Act 2002, sections 69S and 69T of the Health Act 1956, sections 329 and 330(1) of the Resource Management Act 1991 and section 25 of the Civil Defence Emergency Management Act 2002.

Local regulation is not necessary in the above areas as these areas are covered by this national legislation.

Gaps in the legislation where local regulation is appropriate

While national legislation covers many aspects of water supply, there are some areas not covered by this legislation where local regulation is appropriate, including:

·    terms and conditions of supply, for example, covering:

ordinary and extraordinary supply.

the size of service delivered to properties.

applications for supply, disconnection and change of use.

connections to the system.

permits for supply.

the use of fire hydrants and standpipes.

placement of connections, meters and stop taps.

meters.

fees and charges.

·    restrictions on supply for example, when a drought scenario appears likely

·    ensuring public health and safety e.g.:

prevention of contamination

fittings and connections to be in good repair

inspection of connections and meters.             

Options

1.  Do nothing – allow the current bylaw to revoke

This option relies on public goodwill in that most people will want to do the right thing. However, without rules spelling out what the right approach involves, this is likely to result in an ambiguous situation for both the public and for staff, where sorting out any issues relating to the supply of water to properties from the Council’s water supply network may become difficult.

While existing national legislation does cover a range of areas relating to water supply, there are significant gaps in this legislation (described above) where local regulation would be appropriate.

Allowing the current Bylaw to revoke would mean that the Council would have no powers of enforcement, which may compromise its ability to address health and supply risks in a timely and cost-effective manner.

For the reasons above, this option is not recommended.

2. Develop a supply contract

An alternative to a bylaw is a supply contract with customers for the supply of water from the Council’s network.  A local government example of this is the customer contract used by Watercare in Auckland.

A contract of this nature would have some advantages:

·     it would be legally binding

·     enforcement of a contract can be simpler than enforcing a bylaw as it would involve a one-on-one agreement between the Council and the customer, rather than district-wide rules that are set out in a bylaw.

However, there are several disadvantages with this option:         

·     not all problems and objectives associated with the supply of water identified in this report can be covered in the terms and conditions of a supply agreement or contract with each customer and therefore a bylaw will still be necessary. For instance, provisions regarding not digging or excavating near water mains would not be included in a contract.  Note that the supply of water in Auckland is regulated by a bylaw made by Auckland Council and administered via a contract from Watercare with each customer

·     changing to a contract would pose logistical issues such as getting around 10,000 existing customers to sign the contract

·     this new approach is likely to be time-consuming to introduce, meaning that the existing bylaw is likely to revoke before a contract regime is put in place.

This option is not recommended as staff consider the disadvantages identified above outweigh the advantages of introducing individual supply agreements or contracts with customers for the supply of water.

3. Make a new bylaw

With this option, Council would make a new bylaw to regulate water supply. Benefits of making a bylaw include:

·     it would back up other options such as public education. 

·     it would be legally binding.

·     it would include enforcement provisions to ensure compliance.

·     it would set District-wide rules which would be applicable to all users.

·     it is the status quo approach which would not pose logistical challenges to introduce and would not require a communication and compliance campaign to move around 10,000 properties to individual contracts.

For these reasons, a new bylaw is recommended as the most appropriate approach to water supply regulation.

 

 

 

 

 

Summary of the three options

 

1. Do nothing – allow the current bylaw to revoke

2. Make a new supply contract

3. Make a new bylaw

Advantages

Public education is appropriate for the majority who want to do the right thing

Existing national legislation covers many areas relating to water supply

Legally binding

Will clearly spell out the terms and conditions of treated water supply

In some cases, could be simpler to apply than a bylaw as it involves a one-on-one contract with the customer

Legally binding

Would back up public education and existing national legislation

Can include provisions beyond the terms and conditions of supply in Option Two

Will include enforcement provisions

It is the status quo approach with no need to sign up existing customers (as in Option Two)

Alignment with the approach of other local councils in the super-regional area under the proposed water reforms

Disadvantages

No powers of enforcement

There are gaps in the national legislation where local rules are needed

 

Logistical issues to sign up existing customers

Limited to terms and conditions of supply applying to individual customers

Likely to be time consuming to introduce

Inability to have individual contracts as in Option Two

3) Financial Implications and Budgetary Provision

The cost of preparing a proposal to make a new treated water supply bylaw and then consulting on that bylaw will be met from existing operational budgets.

Attachments

Nil


 

Compliance schedule:

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

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

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

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

c)      If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

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

 

Compliance requirement

Staff assessment

State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

As there is a high degree of public interest across the entire district regarding the supply of water from the Council’s reticulated network the recommendation contained in this paper meets the Council’s significance threshold.

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

The recommendation in this report directly applies to section 145 and 146 of the Local Government Act 2020 and references sections 152, 192, 193, 224, 228 of the same Act.  As part of the legal review of relevant legislation that is applicable to supply of water the following legislation has also been referenced;

·    The Building Act 2004

·    The Health Act 1956

·    The Resource Management Act 1991

·    Sections 19 and 224 of the Local Government (Ratings) Act 2002

·    The Civil Defence Emergency Management Act 2002.

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 there is reticulated water supply in all of wards of the District the recommendation in this paper has District wide relevance.

State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.

The recommendation in this report will be of importance to Māori, considering water’s status as taonga.  Seeking the views and input of Iwi in the development of a new bylaw (if recommendation is endorsed) is integral.  Discussion between Council and Iwi is yet to commence.

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).

Affected and interested parties are described in the body of this report.

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

The cost of preparing a proposal to make a new water supply bylaw and then consulting on that bylaw will be met from existing operational budgets.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Ordinary Council Meeting Agenda

25 February 2021

 

6.4         Adoption of the Long Term Plan 2021-2031 Consultation Document and Supporting Information

File Number:           A3070043

Author:                    Sheryl Gavin, Manager - Corporate Planning & Community Development

Authoriser:             William J Taylor MBE, General Manager - Strategic Planning and Policy (Acting)

 

Purpose of the Report

To recommend the adoption of the Consultation Document (CD) and Supporting Information for the Long-Term Plan (LTP) 2021-31. Note that the supporting information must be adopted prior to the CD because it is information on which the CD relies.

Executive Summary

·      In preparing an LTP, the Local Government Act 2002 (LGA) requires the local authority to adopt a CD that discusses the key matters Council is considering for inclusion in the LTP proper.

·      The CD must be made available to the community along with any supporting information on which it relies.

·      The CD and supporting information have been audited by Audit New Zealand. The CD contains an audit opinion to that effect

Recommendation

That Council:

a)      adopt the supporting information as information that is relied upon by the content of the Consultation Document in accordance with section 95A (4) of the Local Government Act 2002:

i)       proposed significant forecasting assumptions

ii)      proposed 10-year financial strategy

iii)     proposed 30-year infrastructure strategy

iv)     proposed capital works programme and achievability statement

v)      forecast financial statements and COVID-19 statement

vi)     forecast funding impact statements (whole of Council and activity)

vii)    proposed funding impact statement (rates)

viii)   forecast reserve funds

ix)     proposed accounting policies

x)      proposed revenue and financing policy

xi)     proposed treasury, liability and investment policies

xii)    proposed rates remission and postponement policies

xiii)   proposed significance and engagement policy.

b)      adopt the Consultation Document for the Long-Term Plan 2021-2031;

c)      delegate authority to the Chief Executive Officer to approve any final edits and design changes required to the Consultation Document and/or supporting information to finalise documents for printing and distribution.

 

1) Background

The LTP 2021-31 has been in development for the past year, during which time multiple workshops were held to enable Elected Members to review and discuss strategic direction, community outcomes, current and future work programmes, policy changes, the challenges Council is likely to face over the next 10 years and new work priorities to navigate those challenges. The CD and supporting information are a culmination of those activities.

2) Discussion and Options

The preparation, audit and adoption of a CD and supporting information is a statutory requirement. There are no alternative options for discussion in this report.

Consultation Document

The CD recognises that an LTP can be a large, complex, and occasionally technical document that can be difficult for the community to engage with effectively. The LGA requires that the CD present only the issues that are ‘significant’ against the criteria in Council’s policy on Significance and Engagement or that Council specifically wishes to gather feedback on.

The CD is the statutory information source for supporting engagement with the community on an LTP; the LGA expressly excludes the inclusion or attachment of any of the following in a CD:

·    A draft of the LTP

·    A draft of the financial or infrastructure strategy

·    A draft of any policy (for example, you can’t include a full draft of the revenue and financing policy into a CD, nor attach a full draft to the CD).

In the CD for 2021-31 the following issues are presented for public feedback:

·    He putanga hapori – our community outcomes. The CD acknowledges that our current suite of community outcomes is fit for purpose but when aligned with the four aspects of wellbeing we felt that cultural wellbeing is not well represented. The CD therefore proposes one additional community outcome – We embrace and celebrate our unique culture and heritage and value it as a source of enduring pride.

·    He reiti tika rawa; he reiti māmā noa iho – fairer and simpler rates. This proposes a number of changes to the current rating system.

·    He kāinga mo nga kuia / kaumātua – Housing for the Elderly. This asks the community for its preferences regarding whether Council should continue to own and operate its housing portfolio or divest it to a registered community housing provider that could deliver a better level of service.

·    Toitū mārika i te whakapakari ohanga – enabling sustainable economic development through Council shareholding in a new regional CCO (Council Controlled Organisation) for economic development.

·    He mea ke atu kia whai whakairo pea – a number of other items of interest that we are consulting on alongside the main issues above are fees and charges for 2021/22, an updated Significance and Engagement Policy and updated Rates Remission and Postponement policies.

Supporting information

The information relied upon by the Consultation Document is attached and must be adopted by Council. These are:

·     proposed significant forecasting assumptions.

·     proposed 10-year financial strategy.

·     proposed 30-year infrastructure strategy.

·     proposed capital works programme and achievability statement.

·     forecast financial statements and COVID-19 statement.

·     forecast funding impact statements (whole of Council and activity).

·     proposed funding impact statement (rates).

·     forecast reserve funds.

·     proposed accounting policies.

·     proposed revenue and financing policy.

·     proposed treasury, liability and investment policies.

·     proposed rates remission and postponement policies.

·     proposed significance and engagement policy.

Timeline to adoption of the final LTP

Consultation will be run in accordance with s83 of the LGA. The high-level consultation plan is as follows:

·     25 February (this meeting) – adoption of the CD and supporting information.

·     1 March to 6 April – community consultation consisting of a “road show” to venues across the District, attended by the Mayor and Deputy Mayor, Councillors and Community Board members, and staff.

·     19-23 April – reserve dates for hearings, likely to be held in Kaikohe, Kerikeri and Kaitaia. Five days have been set aside for this purpose since submitters on topics other than the LTP may wish to speak to their submissions.

·     13 May – deliberations/decision making incorporating feedback received through submissions and hearings.

·     13-23 May – update of all financials and preparation of final LTP for adoption.

·     24 May to 4 June – final audit of updated LTP.

·     25 June – adoption of final LTP, fees and charges for 2021/22 and the setting of rates for 2021/22.

Reason for the recommendation

Adoption of the CD and supporting information enables commencement of community engagement as required by section 93A of the LGA.

3) Financial Implications and Budgetary Provision

The LTP is the fundamental document that underpins all financial and budgetary provisions over the life of the Plan but does not, in itself, require specific financial arrangements other than those used for consultation.

Attachments

Nil


 

Compliance schedule:

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

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

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

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

c)      If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

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

 

Compliance requirement

Staff assessment

State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

High degree of significance as it outlines Council’s work programme and delivery to the community for the next 10 years.

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

Local Government Act 2002

Local Government Rating Act 2002

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.

Community Boards have been included in the development of the Consultation Document and Supporting Information.

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 views and preferences of Maori will be received as part of the engagement on the CD and supporting information. The possible implications for Maori may be considered significant.

Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).

The community at large is expected to have an interest in the content of the CD and supporting information.

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

The LTP is the fundamental document that underpins all financial and budgetary provisions over the life of the Plan but does not, in itself, require specific financial arrangements other than those used for consultation.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Ordinary Council Meeting Agenda

25 February 2021

 

6.5         Amendment to Rating Delegations

File Number:           A3074131

Author:                    Angie Thomas, Manager - Accounting Services

Authoriser:             Janice Smith, Chief Financial Officer

 

Purpose of the Report

Over time, job titles that are awarded delegations under various Acts including the Local Government (Rating) Act 2002 are changed but the change is not followed through to amend the delegation. This report updates all of the position changes that are known at the time of writing.

Executive Summary

·      Delegations under the several Acts including the Local Government (Rating) Act 2002 are delegated to staff positions by Council.

·      Over time, some of the job titles that are assigned delegations’ change.

·      The delegations are to the positions; therefore, it is important to periodically update the schedule to reflect current position titles.

 

Recommendation

That Council approves the amended Rating Delegations for 2021, as attached.

 

1) Background

The Local Government (Rating) Act 2002 as well as the Rate Rebates Act 1973 and the Rating Valuations Act 1998, provide for certain actions to be taken in relation to rating. Council has previously approved delegation of actions to staff positions and over time position titles can change. The current delegations require amendment to account for recent position title amendments.

2) Discussion and Options

The actions under the Local Government (Rating) Act 2002, the Rate Rebate Act 1973 and the Rating Valuation Act 1998 that are delegated by Council to staff positions are those that are routine in nature and occur on a regular basis. It is not appropriate or timely for these routine actions to be placed in front of Council for approval.

As the delegation are to positions, the current delegations require amendment to reflect current position title changes.

Reason for the recommendation

To allow for practical and timely application of the Local Government (Rating) Act 2002, the rate Rebate Act 1973 and the Rating Valuations Act 1998 provisions as these are delegated to staff positions within the organisation

3) Financial Implications and Budgetary Provision

There are no financial implications

Attachments

1.       Rating Delegations Schedule 2021 - A3074089  


 

Compliance schedule:

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

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

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

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

c)      If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

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

 

Compliance requirement

Staff assessment

State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

Low

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

Local Government (Rating) Act 2002,

Rate Rebate Act 1973

Rating valuation Act 1998

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.

N/A

State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.

N/A

Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).

N/A

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

None

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Ordinary Council Meeting Agenda

25 February 2021

 

Rating Delegations Schedule 2021

 

·         Local Government (Rating) Act 2002

·         Rates Rebate Act 1973

·         Rating Valuations Act 1998

·         Rates Remission Policy (R19) Section 85

·         Rates Postponement Policy (P19) Section 87

·         Remission & Postponement of Rates on Maori Freehold Land (ML19)

 

Rating Delegations

 

Act

Section

Delegations

Title

Local Government (Rating) Act 2002

27(5)

Determine whether to divide rating units and the methodology for division.

·     Chief Executive

·     GM: Corporate Services

·     Chief Financial Officer

·     Manager Rating Services

·     Technical Rates Officer

Local Government (Rating) Act 2002

29

Determine     objections    to    the Rating Information Database.

·     Chief Executive

·     GM: Corporate Services

·     Chief Financial Officer

 Manager Rating Services

·     Technical Rates Officer

Local Government (Rating) Act 2002

35

Remove     a    name    from   the Rating Information Database.

·     Chief Executive

·     GM: Corporate Services

·     Manager District Administration

·     Property Information Team Leader

Local Government (Rating) Act 2002

39

Determine  objections  to  rates records.

·     Chief Executive

·     GM: Corporate Services

·     Chief Financial Officer

Local Government (Rating) Act 2002

40

Correct an error in the rating information database or rates records.

·     Chief Executive

·     GM: Corporate Services

·     Chief Financial Officer

·     Manager Rating Services

·     Technical Rates Officer

Local Government (Rating) Act 2002

52

Agree  the  method  by  which rates may be paid.

·     Chief Executive

·     GM: Corporate Services

·     Chief Financial Officer

·     Manager Transaction services

·     Manager Rating Services

Local Government (Rating) Act 2002

54

Determine that the rates payable on a rating unit in a financial year are  uneconomic to collect, and not to collect them.  Notify the ratepayer.

·     Chief Executive

·     GM: Corporate Services

·     Chief Financial Officer

 

Local Government (Rating) Act 2002

61

Collect unpaid rates from the owner (where ratepayer is other than the owner)

·    Chief Executive

·    GM: Corporate Services

·    Chief Financial Officer

·    Manager - Transaction Services

Local Government (Rating) Act 2002

62

Collect, accept, or recover as a debt unpaid rates from persons other than the owner

·    Chief Executive

·    GM: Corporate Services

·    Chief Financial Officer

·    Manager - Transaction Services

Local Government (Rating) Act 2002

63

Commence proceedings to recover as a debt unpaid rates and execute all related statutory and legal documents on behalf of the Council

·    Chief Executive

·    GM: Corporate Services

·    Chief Financial Officer

·    Manager - Transaction Services

Local Government (Rating) Act 2002

67

Apply to the Registrar of the High Court to have a judgment for rates enforced by sale or lease of the rating unit.

·         Chief Executive

·         GM: Corporate Services

·         Chief Financial Officer

·         Manager - Transaction Services

Local Government (Rating) Act 2002

72

Give consent of the Council to the sale or lease of a rating unit by private treaty for any consideration that the Registrar thinks reasonable

·    Chief Executive

·    GM: Corporate Services

·    Chief Financial Officer

·    Manager - Transaction Services

Local Government (Rating) Act 2002

77

Give public notice that the Council intends to have the land declared abandoned and to sell or lease the land.

Apply to the District Court for an order that declares the land to be abandoned and authorises the Council to sell or lease the land.

Commence proceedings under section 67 to sell or lease abandoned land

·    Chief Executive

·    GM: Corporate Services

·    Chief Financial Officer

·    Manager - Transaction Services

Local Government (Rating) Act 2002

78

Sell  or  lease  the  land  under sections 79 to 83 of the Act

·    Chief Executive

·    GM: Corporate Services

·    Chief Financial Officer

·    Manager - Transaction Services

Local Government (Rating) Act 2002

79

Determine whether the sale or lease of abandoned land will be by public auction or public tender.

Determine any terms or conditions of sale or lease and place a reserve on the land.

Decide to refuse any tender; or put the abandoned land up for sale or lease as often as may be  required  until  it  is  sold  or

·    Chief Executive

·    GM: Corporate Services

·    Chief Financial Officer

·    Manager Transaction Services

 

 

 

leased.

If the abandoned land is not sold or leased at public auction or by public tender, sell or lease the land by private treaty for any consideration that is not less than the reserve.

Bid for the abandoned land at any public auction of it and buy the land on behalf of the Council.

 

Local Government (Rating) Act 2002

80

Approve          documents                        for execution under Council seal.

·    Chief Executive

·    GM: Corporate Services

·    Chief Financial Officer

Local Government (Rating) Act 2002

82

If the proceeds of a sale or lease of abandoned land under section 79 are not sufficient to meet the rates, interest, costs, and expenses, write off the deficiency.

·    Chief Executive

·    GM: Corporate Services

·    Chief Financial Officer

Local Government (Rating) Act 2002

85

Remit all or part of the rates on a rating unit (including penalties for unpaid rates) in accordance with the rates remission policy.

·    Chief Executive

·    GM: Corporate Services

·    Chief Financial Officer

·    Manager - Transaction Services

·    Manager Rating Services

·    Technical Rates Officer

Local Government (Rating) Act 2002

87

Postpone the requirement to pay all or part of the rates on a rating unit (including penalties for unpaid rates) in accordance with the rates postponement policy.

·    Chief Executive

·    GM: Corporate Services

·    Chief Financial Officer

·    Manager - Transaction Services

·   

Manager Rating ServicesTechnical Rates Officer

Local Government (Rating) Act 2002

99

Apply to the Maori Land Court for an order charging the unpaid rates against land.

·    Chief Executive

·    GM: Corporate Services

·    Chief Financial Officer

·    Manager - Transaction Services

Local Government (Rating) Act 2002

114

Remit all or part of the rates (including penalties for unpaid rates) on Maori freehold land in accordance with the policy on the               remission                    and postponement of rates on Maori freehold land.

·    Chief Executive

·    GM: Corporate Services

·    Chief Financial Officer

·    Manager Rating Services

·    Manager - Transaction Services

Local Government (Rating) Act 2002

115

Postpone the requirement to pay all or part of the rates on Maori freehold land (including penalties for unpaid rates) in accordance with  the policy on

·         Chief Executive

·         GM: Corporate Services

·         Chief Financial Officer

·         Manager - Transaction Services

 

 

 

the               remission                    and postponement of rates on Maori freehold land.

·    Team Leader - Rating Services

·    Technical Rates Officer

Local Government (Rating) Act 2002

135

Sign documents as evidence for court proceedings

·    Chief Executive

·    GM: Corporate Services

·    Chief Financial Officer

·    Manager Te Hono

·    Manager - Transaction Services

Rates Rebate Act 1973

13

To witness declarations made on Applications for  rates rebates

·    Community & Customer Services Manager

·    Senior Customer service Officers

·    Multi skilled Customer Service Officers

·    Chief Financial Officer

·    Manager Rating Services

·    Technical Rates Officer

·    Manager - Transaction Services

·    Rates Rebate Officer

Rating Valuations Act 1998

50 & 34

Determine an  objection following review, EXCEPT THAT where the determination differs from the outcome of the registered valuers review, the matter must be brought to the Council for final determination.

·    Chief Executive

·    GM: Corporate Services

·    Manager District Administration

·    Property Information Team Leader

Rating Valuations Act 1998

50 & 36

Require an objection to be heard by the Land Valuation Tribunal.

·    Chief Executive

·    GM: Corporate Services

·    Manager District Administration

·    Property Information Team Leader


Policy Delegations

 

Local Government (Rating) Act 2002 Section 85

Rates Remission and Postponement - Policy R19

Approval of any application for remission of rates up to $20,000 by Chief Financial Officer  Over $20,000 by General Manager Corporate Services and the Chief Financial Officer jointly

Policy Statement No

 

Officer/s

Amount

R19/01

Remission of Penalty Remission

·   Chief Executive Officer

·   GM – Corporate Services

·   Community & Customer Services Manager

·   Chief Financial Officer

·   Manager – Rating Services

·   Manager – Transaction Services

·   Technical Rates Officer

 

Þ 100%

Þ 100%

Þ 100%

 

Þ 100%

Þ $1,000

Þ $1,000

 

Þ $1,000

 

R19/04

Remission of Rates on Community, Sports and Not-for Profit Organisations

·   General Manager Corporate Services and the Chief Financial Officer

 

Jointly

R19/05

Remission of charges on properties spanning multiple districts

·   Chief Executive

·   GM: Corporate Services

·   Chief Financial Officer

·   Manager Rating Services

·   Technical Rates Officer

·   Manager - Transaction Services

Þ  100%

Þ  100%

Þ  100%

Þ  100%

 

Þ  100%

Þ  100%

R19/06

Remission of charges on Common-Use properties

·   Chief Executive

·   GM: Corporate Services

·   Chief Financial Officer

·   Manager Rating Services

·   Technical Rates Officer

·   Manager - Transaction

Þ  100%

Þ  100%

Þ  100%

Þ  100%

 

Þ  100%


 

 

 

Services

Þ  100%

R19/07

Remission      of                       school sewerage charges

·   Chief Executive

·   GM: Corporate Services

·   Chief Financial Officer

·   Manager Rating Services

·   Technical Rates Officer

·   Manager - Transaction Services

Þ  100%

Þ  100%

Þ  100%

Þ  100%

 

Þ  100%

Þ  100%

R19/08

Remission of excess water charges

·   Chief Executive

·   GM: Corporate Services

·   Community & Customer Services Manager

·   Chief Financial Officer

·   Manager Rating Services

·   Technical Rates Officer

·   Manager - Transaction Services

Þ  100%

Þ  100%

Þ  100%

 

Þ  100%

Þ  100%

 

Þ  100%

Þ  100%

RP19/11

Remission of rates on land subject to protection for outstanding natural landscape, cultural,  historic or ecological purposes. (This now requires  confirmation that the land concerned meets conservation or other                    requirements pursuant to the District Plan and that the covenant meets Council requirements.)

·   Chief Executive

·   GM: Corporate Services

·   Chief Financial Officer

·   Manager Rating services

·   Technical Rates Officer

·   Manager - Transaction Services

Þ  100%

Þ  100%

Þ  100%

Þ  100%

 

Þ  100%

Þ  100%

R19/13

Remission  of   rates on unusable land.

·   Chief Executive

·   GM: Corporate Services

·   Chief Financial Officer

·   Manager Rating Services

·   Technical Rates Officer

·   Manager - Transaction Services

Þ  100%

Þ  100%

Þ  100%

Þ  100%

 

Þ  100%

Þ  100%

R19/14

Treaty Settlement Lands

·   Chief Executive

·   GM: Corporate Services

·   Chief Financial Officer

·   Manager Rating Services

·   Technical Rates Officer

·   Manager - Transaction Services

Þ  100%

Þ  100%

Þ  100%

Þ  100%

 

Þ  100%

Þ  100%


 

Local Government (Rating) Act 2002 Section 87

Rates Remission and Postponement - Policy P19

Any application for a postponement of rates outside of those allowed under these policies must be made in writing to Council. It must set out in detail the reasons why the application is being made outside of the policies established under the LG (Rating) Act 2002. Council is under no obligation to approve any applications that do not comply with the established policies and Council's decision on the matter is final

Over $20,000 by General Manager Corporate Services and the Chief Financial Officer jointly

 

Policy Statement No

 

 

Officer/s

 

Amount

P19/03

Postponement of rates on landlocked land

·   Chief Executive

·   GM: Corporate Services

·   Chief Financial Officer

·   Manager Rating Services

·   Technical Rates Officer

·   Manager - Transaction Services

Þ  100%

Þ  100%

Þ  100%

Þ  100%

 

Þ  100%

Þ  100%

P19/04

Transitional policy for the postponement of rates on farmland

·   Chief Executive

·   GM: Corporate Services

·   Chief Financial Officer

·   Manager Rating Services

·   Technical Rates Officer

·   Manager - Transaction Services

Þ  100%

Þ  100%

Þ  100%

Þ  100%

 

Þ  100%

Þ  100%

 

P19/05

Residential Rates Postponement for Senior Citizens

 

·   Chief Executive

·   GM: Corporate Services

·   Chief Financial Officer

·   Manager Rating Services

·   Technical Rates Officer

·   Manager - Transaction Services

Þ  100%

Þ  100%

Þ  100%

Þ  100%

 

Þ  100%

Þ  100%

 


 

 

Local Government (Rating) Act 2002 Section 108 & 109

Remission and Postponement of Rates on Maori Freehold Land ML19

All applications to be authorised by any two (2) delegated officers jointly

 

 

Policy Statement No

 

 

Officer/s

 

 

Amount

ML19/01

Remission of rates Maori Freehold Land Not used

·   Chief Executive

·   GM: Corporate Services

·   Manager Te Hono

·   Chief Financial Officer

·  

·   Manager Rating Services

·   Technical Rates Officer

·   Manager - Transaction Services

Þ  100%

Þ  100%

Þ  100%

Þ  100%

Þ  100%

 

Þ  100%

Þ  100%

ML19/02

Remission of rates on Maori freehold land used for the purposes of Papakainga or other housing projects subject to occupation licences or other                           informal arrangements

·   Chief Executive

·   GM: Corporate Services

·   Manager Te Hono

·   Chief Financial Officer

·   Manager Rating Services

·   Technical Rates Officer

·   Manager - Transaction Services

Þ  100%

Þ  100%

Þ  100%

Þ  100%

Þ  100%

 

Þ  100%

Þ  100%

ML19/03

Postponement  of  Rates on New User Maori freehold land

·   Chief Executive

·   GM: Corporate Services

·   Manager Te Hono

·   Chief Financial Officer

·  

·   Manager Rating Services

·   Technical Rates Officer

·   Manager - Transaction Services

Þ  100%

Þ  100%

Þ  100%

Þ  100%

Þ  100%

 

Þ  100%

Þ  100%

 

 


Ordinary Council Meeting Agenda

25 February 2021

 

6.6         Elected Member Report - 2020 Young Elected Member Hui

File Number:           A3039899

Author:                    Aisha Huriwai, Team Leader Democracy Services

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

 

Purpose of the Report

An elected member’s attendance at a conference, course, seminar or training event is subject to the provision of elected members allowances and reimbursement policy. This policy requires the elected member to provide a report to Council after attendance and event in order to provide transparency to the public that ratepayer funds are being used effectively.

Executive Summary

·        Councillors Tepania and Smith attended the Young Elected Member Hui in November 2020.

·        A joint report has been prepared and concludes with a recommendation to pursue hosting the next Young Elected Member Hui.

Recommendation

That Council note the report entitled “Elected Member Report – 2020 Young Elected Member Hui”.

 

1) Background

The Elected Members Allowances and Reimbursement Policy sets out the provisions which apply to an Elected Member’s attendance at a conference, course, seminar or training event. The policy provides that each Elected Member may attend on conference or professional development event per representative body to which they are elected or appointed per annum. The conference, course, seminar or training event must contribute to the Councillor’s ability to carry out Council business and be approved by His Worship the Mayor and Chief Executive Officer, or the Council, depending on the request. Following attendance, a report must be written by the Elected Member to the next meeting of Council.

2) Discussion and Options

The Elected Members report (attached) reports back on background, highlights and concludes with the following recommendation:

That Council support a bid for the Far North District Council to host the YEM Hui in 2021:

a)    That a YEM Hui Organisation Working Party be established to progress this and subsequent hosting should the bid be successful.

b)    That Cr Smith and Cr Tepania be appointed as co-chairs of this working party and that appropriate staff members, ideally from Democracy Services are appointed to the working party to progress the bid.

c)    That a financial commitment of $10,000 be made to support this bid.

Reason for the recommendation

To provide information to the Council on the consequential travel expenses, feedback on what elected members have learned and the value to the organisation from attendance at the conference that is the subject of this report.  The aim is to provide transparency and confidence to the public that ratepayer funds are being used effectively.

3) Financial Implications and Budgetary Provision

There are no financial implications or budgetary provision required as a result of this report.

The cost to ratepayers in sending Councillors to this hui was $2,170.47.

Attachments

1.       Info Report - YEM Hui - A3088379  


 

Compliance schedule:

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

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

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

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

c)      If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

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

 

Compliance requirement

Staff assessment

State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

This report is of low significance.

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

Elected Members Allowances and Reimbursement Policy is referenced in this report.

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

This is a matter 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.

This does not have specific implications on 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).

Young Elected Members hui is a recognised group within Local Government New Zealand to how youth get involved in local government at a political level and ensure young elected members are supported.

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

This report asks Council to commit $10,000 towards the bid. Staff have not been able yet to consider this request and where funding might be sourced from.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Ordinary Council Meeting Agenda

25 February 2021

 

HUI:                     KAUNIHERA – Te Iwa o Ngahuru 2021

Ingoa:                       PŪRONGO KAUNIHERA – TE HUI O NGĀ MEMA RANGATAHI

Kaituhituhi:           Kk Rachel Smith rāua ko Kk Moko Tepania

Rā pūrongo:        4 o Te Iwa o Ngahuru 2021

 

 

Pūtake:

 

I whakatūria ai Te Kāhui o ngā Mema Rangatahi i te tau 2014, ā, he kāhui tēnei mō te hunga kei raro i te 40 tau te kaumātua o Te Kāhui Kaunihera o Aotearoa, ngā Poari ā-Rohe me ngā Poari ā-Hapori anō hoki i te rā pōti. Ko te pūtake o tēnei komiti:  

 

1.    He hoatu i ngā kupu āwhina ki te Kaunihera Matua o Te Kāhui Kaunihera o Aotearoa, ki te Rōpū Āwhina ā-Kāwanatanga ā-Rautaki, ki ngā kaimahi (pēnā ka hiahia) mō ngā kaupapa ka hiahiatia e te Kaunihera Matua e te Komiti raini. Koia anō ēnei ētahi o aua kaupapa ko te:

·    Whakamana i ngā rangatahi kia whai wāhi atu ki ngā tikanga kaunihera;

·    Whakapakari i te whanaungatanga ki waenganui i ngā kaunihera, ngā rangatahi me ngā kaupapa rangatahi;

·    Whai wāhi atu ki ngā kaupapa o te wā ka whai take ai ki ngā mema kaunihera rangatahi, pēnei i te utu mahi, te whakawhanaketanga;

·    Whai wāhi atu ki ngā kaupapa here o Te Kāhui Kaunihera o Aotearoa, me ngā kaupapa here, ngā ture anō hoki o te Kāwanatanga Matua ka hiahiatia e ngā mema kaunihera rangatahi.

 

2.    He whakahuihui i ngā kaupapa mema kaunihera rangatahi hei whakamana i te:

·    Whakawhanaungatanga me ngā wānanga

·    Tuakana-teina me te whakapuare i ngā kaupapa āwhina

·    Tupu o ngā mema kaunihera kia whanake pai mai 

 

3.    He āwhina i ngā kaitono tūranga rangatahi kia tū pakari i roto i ngā whiringa pōti kāwanatanga ā-rohe

 

 

Kua whai tūru a Kk Smith rāo ko Kk Tepania ki te Komiti o ngā Mema Rangatahi, 10 katoa ngā mema. Ko Kk Smith te māngai o te Takiwā 1, koia tēnei te rohe o ngā takiwā o Te Hiku o te Ika, Te Kaipara, Whangārei me te rohe o Te Tai Tokerau nōki. Ko Kk Tepania te māngai o Te Maruata, ko ia anō hoki tētahi o ngā heamana o te komiti. Ko Te Maruata te komiti o ngā mema kaunihera Māori. I tū a Kk Smith hei mema o te rōpū whakahaere o te hui. I tū a Kk Tepania hei kaipāpaho i te hui.

 

Nā Te Kaunihera o Te Awa Kairangi ki Tai te Hui o ngā Mema Rangatahi i hāpai i te tau nei, ko te kaupapa ko ‘He Ao Hurihuri – Change is Good’. He kaupapa tika anō tēnei i muri mai i ngā āhuaranga o te mate urutā ka mutu he wāhi tōna iāianei kia kaha kē mātou ngā mema kaunihera ki whakapau kaha kia tika anō te huarahi o Aotearoa. He wāhi anō tō te kaupapa nei ki te huri haere o te ao kaunihera me te pikinga hoki o ngā mema rangatahi i Aotearoa, mai i 6% i te tau 2016 ki te 13.9% i te whiringa pōti kāwanatanga ā-rohe 2019. 50 katoa ngā mema rangatahi i tae atu ki te hui mai i ngā kaunihera, ngā poari ā-hapori me ngā poari ā-rohe puta noa i Aotearoa.

 

 

 

 

 

Ko ngā hua o te Rā 1:

·      Te pōwhiri ki te Marae o Waiwhetū, Te Awakairangi

·      Te whakatau a Koromatua Campbell Barry o Te Awa Kairangi ki Tai, ko ia te pōtiki o ngā koromatua o ngā tāonenui o Aotearoa, ko ia anō māngai o te Takiwā 4 ki te Komiti o ngā Mema Rangatahi

·      Ko ngā Taumata Kōrero a ngā Mema Rangatahi. Ko Bobby Shen tētahi, he mema o Te Poari ā-Rohe o Puketāpapa me tana kōrero e pā ana ki te whanaungatanga ā-hapori mō ngā kaupapa whakahou tāone, he kōrero anō nā Tākuta Will Flavell o te Poari ā-Rohe o Henderson-Massey nāna nei i kōrero mō te hononga o te mātauranga me Te Reo Māori i ngā hapori

·      He taumata kōrero mō te Huringa Āhuarangi i arahina e Kk Richard Hills o Te Kaunihera o Tāmaki Makaurau, ko ngā kaikōrero o te taumata ko Kk Sophie Hansford o Kāpiti rātou ko Kk Thomas Nash o Te Whanganui-a-Tara ko Kk Lan Pham o Waitaha, ko Mark Baker-Jones, he kaiāwhina ki te Minita o te Huringa Āhuarangi ki a James Shaw

·      Te kōrero a te Pirihitene o Te Kāhui Kaunihera o Aotearoa, a Kk Stuart Crosby o Toi Moana

·      Te kōrero a te Tumuaki o Taituarā, a Karen Thomas

 

Ko ngā hua o te Rā 2:

·      He Awheawhe Ao Pāpaho nā Cabix Communications

·      He taumata kōrero mō Te Ao Māori i arahina e Tākuta Will Flavell, ko ngā kaikōrero o te taumata ko Kk Tamatha Paul o Pōneke rātou ko Kk Louis Rāpihana o Ōpōtiki-Mai-Tawhiti, ko te heamana o mua o Komiti Māori o Wairarapa ki te Tonga ko Raihānia Tipoki

·      He wānanga kōrero mō ngā kaupapa matua mō ngā tau e toru nei mō;

Te whakamana i Te Tiriti

Te Taiao me te Āhuarangi

Ngā Wai e Toru

Te anga whakamua / he whakaaro ki te āta whakatau i ngā whakaritenga mō te pae tawhiti

Te Whanaungatanga o Te Kāhui o ngā Mema Rangatahi

·      Te toro atu ki te Pokapū Tāone o Naenae me ngā matapaki mō ngā mahere whakahou i te tāone

·      Te toro atu me te wā tākaro ki te Karapu Maita o Naenae

·      Te kōrero a te Tumuaki o Te Kāhui Kaunihera o Aotearoa, a Susan Freeman-Greene

·      He hākari me te kōrero a te kaikōrero matua a Tākuta Ashley Bloomfield, te Kaiwhakarite-Tianara o te Hauora me tana kaupapa kōrero e pā ana ki ngā take matua pēnei i ngā whitinga kōrero, te mahi tahi, me ōna wero o te wā

 

Ko ngā hua o te Rā 3:

·      Ngā wānanga kōrero anō mō ngā kaupapa mema rangatahi

·      He huritao mō te hui me ngā mahi kei mua i te aroaro

 

 

 

 

 

 

 

 

 

 

 

Ko ngā whakaahua o te hui:

 

Ko ngā mema ēnei o te Komiti i waho i te Hōro o Te Awakairangi i te mauī ko:

Campbell Barry nō Te Awakairangi (Takiwā 4), Alexandra Davids nō Ōtautahi (Takiwā 5), Josh Chandulal-Mackay nō Whanganui (Takiwā 3), Rebecca Vergunst nō Taratahi (Takiwā Whānui), Alex Crackett nō Waihopai (Takiwā 6), Moko Tepania nō Te Raki (Te Maruata), Rachel Smith nō Te Raki (Takiwā 1)

 

Waiwhetū Marae, Te Awakairangi, koia tēnei te wāhi i tū te pōwhiri o te Hui 

I tū a Kk Tepania hei tētahi o ngā kaipāpaho ki te Hui o ngā Mema Rangatahi

 

Ko Joshua Chandulal-Mackay rāo ko Rachel Smith, he mema komiti e tākaro ana ki te Karapu Maita o Naenae

 

Ko te Koromatua o Te Awa Kairangi ki Tai ko Campbell Barry e kōrero ana ki ngā manuhiri o te hui e pā ana ki ngā mahere whakahou mō te Pokapū o Naenae

 

Hei te 2021 ka whakapuare ai tētahi wā e tono ngā kaunihera ki te tū hei kaunihera hāpai i te Hui o ngā Mema Rangatahi 2021. Ko tētahi mahi mā te kaunihera ko te tuku i ōna painga ki te Komiti o te Hui Mema Rangatahi, me te kōrero mō ngā wāhi tāpoi, me ngā wāhi pai hei wāhanga o te hui. Ko māo ngā māngai o Te Tai Tokerau ki te Raki ki te Komiti o ngā Mema Rangatahi, ā, e whakapae ana māua ka pai anō pēnā ka tū te hui ki konei kia whakaatu atu i ngā painga o kāinga ki ērā atu mema.

 

Tūtohunga:

a)    Me tautoko e te kaunihera tētahi tono nā Te Kaunihera o Tai Tokerau ki te Raki kia tū te Hui o ngā Mema Rangatahi ki konei hei te 2021

i.    Kia whakatū i tētahi Ohu mō te Hui o ngā Mema Rangatahi hei whakarite i tēnei tono me te whakahaere i te hui pēnā ka angitu te tono

ii.    Kia tū a Kk Smith rāo ko Kk Tepania hei heamana takirua o tēnei ohu, kia whai wāhi anō hoki ētahi atu kaimahi kaunihera, mātua rā mai i te Tari Tauawhi Kāwanatanga hei whakawhanake i tēnei tono

iii.   Kia whakaae i tētahi tahua $10,000 te uara hei kōkiri i tēnei tono

 

 

MEETING:          COUNCIL – February 2021

Name of item:    REPORT TO COUNCIL – YOUNG ELECTED MEMBER HUI

Authors:               Cr Rachel Smith and Cr Moko Tepania

Date of report:               04 February 2021

 

 

Purpose:

 

The Young Elected Members’ (YEM) Network was established in 2014 and is open to all elected members on a LGNZ member authority or affiliated Local Board or Community Board, who are aged 40 and under on polling day. The purpose of the YEM Committee is to:

 

4.    Provide advice to the Local Government New Zealand (LGNZ) National Council, including its Governance and Strategy Advisory Group (GSAG) or staff (as appropriate) on any matter that the National Council or the Committee deems relevant. This could include, but is not limited to:

·    Enhancing youth participation in local government processes;

·    Building strong relationships between councils, young people and youth organisations;

·    Practical matter likely to have specific implications for younger elected members, such as remuneration and professional development; and

·    Matters of LGNZ policy, and Central Government policy and legislation, on which young elected members share a view.

 

5.    Coordinate opportunities for young elected members to:

·    Network and exchange ideas;

·    Peer mentor and access practical support; and

·    Access appropriate professional development.

 

6.    Provide support for young candidates standing for election to local government.

 

 

Both Cr Smith and Cr Tepania sit on the 10 member YEM Committee. Cr Smith represents Zone 1 which covers the 4 northern councils of Far North, Kaipara and Whangārei districts as well as Northland region. Cr Tepania is the Te Maruata representative and is one of the co-chairs of the committee. Te Maruata is the committee representing Māori elected members in LGNZ. Cr Smith was a member of the hui organising sub-committee and Cr Tepania was a co-emcee of the hui.

 

This year’s YEM Hui was hosted by Hutt City Council and the theme was ‘He Ao Hurihuri – Change is Good’. This was to reflect the monumental change brought about following the COVID-19 pandemic and how as members of local government we have the power to use this change for good throughout New Zealand. This theme was also a reflection of the changing nature of local government and the increase in young elected members across New Zealand increased from 6% of elected members in 2016 to around 12% in the 2019 local government elections. YEM Hui 2020 was attended by 50 young elected members from councils, community and local boards from throughout New Zealand.

 

 

 

 

 

 

Highlights of Day 1 included:

·      A pōwhiri at Waiwhetū Marae, Lower Hutt

·      An address by Mayor Campbell Barry of Hutt City, the youngest mayor of a city in New Zealand and the Zone 4 representative on the YEM Committee

·      YEM Talks from Bobby Shen, a member of Puketāpapa Local Board who spoke about community engagement for township revitalisation and Dr Will Flavell of Henderson-Massey Local Board who spoke about the interface of Te Reo Māori education with our communities

·      A Climate Change panel hosted by Cr Richard Hills of Auckland Council with fellow panelists, Cr Sophie Hansford of Kāpiti Coast District, Cr Thomas Nash of Greater Wellington Region, Cr Lan Pham of Environment Canterbury and Mark Baker-Jones, an adviser to Minister of Climate Change, James Shaw

·      An address by LGNZ President, Cr Stuart Crosby of Bay of Plenty Region

·      An address by the Chief Executive of the Society of Local Government Managers (SOLGM),  Karen Thomas

 

Highlights of Day 2 included:

·      Media Awareness Training delivered by Cabix Communications

·      A Te Ao Māori Perspectives panel facilitated by Dr Will Flavell with fellow panelists, Cr Tamatha Paul of Wellington City, Cr Louis Rāpihana of Ōpōtiki District and the former chair of the South Wairarapa District Māori Standing Committee Raihānia Tipoki

·      A feedback session on shared advocacy messages for this triennium on;

Upholding Te Tiriti

Environment and Climate

Three Waters

Future focus / better ways to enforce longer term decision making and investment

YEM Support Network

·      Visit to Naenae Town Centre and discussion on the revitalisation of the town

·      A visit and play at the world class Naenae Bowls Club

·      An address by LGNZ Chief Executive Susan Freeman-Greene

·      A formal dinner and speech by special guest Dr Ashley Bloomfield, the Director General of Health who spoke about the importance of communication and collaboration, and the challenges of holding a position of leadership so quickly thrust in to the spotlight.

Highlights of Day 3 included:

·      Continuing with feedback on shared advocacy messages

·      A reflection on the hui and action points for members when returning home

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Photos from the hui:

 

Members of the YEM Committee outside of the Lower Hutt Town Hall from left to right:

Campbell Barry of Hutt City (Zone 4), Alexandra Davids of Christchurch City (Zone 5), Josh Chandulal-Mackay of Whanganui District (Zone 3), Rebecca Vergunst of Carterton District (At Large), Alex Crackett of Invercargill City (Zone 6), Moko Tepania of Far North District (Te Maruata), Rachel Smith of Far North District (Zone 1)

 Waiwhetū Marae, Lower Hutt which hosted the welcoming pōwhiri of the YEM Hui.

“YEM-C” of the Year, Cr Tepania co-hosted the YEM Hui as it’s Master of Ceremonies

 

YEM Committee members Joshua Chandulal-Mackay and Rachel Smith, experiencing local community facilities at the Naenae Bowling Club.

 

Hutt City Mayor Campbell Barry addresses hui attendees about the councils plans for the  revitalisation of Naenae Town Centre.

 

There will be an opportunity in early 2021 for interested Council’s to register their interest to host to YEM Hui in 2021. This process includes “pitching” their District to the YEM Hui Select Committee, and outlining what local experiences the Hui could have the opportunity to explore. As the Far North District Council YEM representatives who were lucky enough to attend the 2020 Hui, we feel that there is a great opportunity to showcase the Far North to our peers.

 

Recommendations:

b)    That council support a bid for the Far North District Council to host the YEM Hui in 2021

i.    That a YEM Hui Organisation Working Party be established to progress this and subsequent hosting should the bid be successful

ii.    That Cr Smith and Cr Tepania be appointed as co-chairs of this working party and that appropriate staff members, ideally from Democracy Services are appointed to the working party to progress the bid

iii.   That a financial commitment of $10,000 be made to support this bid


Ordinary Council Meeting Agenda

25 February 2021

 

6.7         Changes to the 2021 Formal Meeting Calendar

File Number:           A3079410

Author:                    Aisha Huriwai, Team Leader Democracy Services

Authoriser:             Shaun Clarke, Chief Executive Officer

 

Purpose of the Report

To seek Council’s approval to reschedule an Executive Review Committee meeting.

Executive Summary

·      Council adopted its 2021 meeting schedule at its 29 October 2020 meeting.

·      9 March 2021 was adopted as a date for an Executive Review Committee.

·      Due to a conflict this report seeks Council’s approval to reschedule that meeting until 22 March 2021.

 

Recommendation

That the Executive Review Committee meeting scheduled for 9 March 2021 be rescheduled to 22 March 2021.

 

1) Background

At the 29 October 2020 Council meeting Council adopted a meeting schedule for formal Council and Committee meeting dates, and potential dates for workshops.

From time to time unavoidable conflicts occur.

2) Discussion and Options

9 March 2021 has been agreed as a Have Your Say – Regional Land Transport Plan day, which will take place in the Council Chamber, Kaikohe.

The Regional Land Transport Plan is a project that Deputy Mayor Court has been working on and has tight timeframes for engagement that they need to comply with.

Executive Review Committee meetings are confidential in nature, and 22 March 2021 has been proposed as a suitable alternative date.

In previous years Council have given the Chief Executive delegated authority to make minor changes, such as this to the meeting schedule. This delegation however was not given when this calendar was adopted.

There are no other known conflicts at this time.

Reason for the recommendation

To seek Council’s formal approval to amend a meeting to due conflict.

3) Financial Implications and Budgetary Provision

There are no financial implications or need for budgetary provision.

Attachments

Nil


 

Compliance schedule:

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

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

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

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

c)      If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

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

 

Compliance requirement

Staff assessment

State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

This matter is of low significance.

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

There are no policies relevant to this report. Formal meetings of Council such as a meeting of the Executive Review Committee are legislated by the Local Government Official Information and Meetings Act. Seeking Council’s approval at this stage to change the meeting date will allow us to comply with the relevant legislative requirements for notification.

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

This is a governance matter that does not require community board input.

State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.

There are no implications specific to māori in shifting this meeting date.

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).

Members of the Committee have confirmed this meeting date is suitable.

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

There are no financial implications or need for budgetary provision.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 


Ordinary Council Meeting Agenda

25 February 2021

 

7            Information Reports

7.1         Community Board Updates January - February 2020

File Number:           A3083969

Author:                    Kim Hammond, Meetings Administrator

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

Purpose of the Report

To enable oversight of Community Board resolutions at Council and provide Community Board Chairperson’s with a formal opportunity to speak with Council about discussions at Community Board.

Executive Summary

A copy of the following Community Board meeting minutes are attached for Council’s information.

Recommendation

That Council note the following Community Board minutes:

a)    Te Hiku Community Board – 26 January 2021.

b)    Kaikohe-Hokianga Community Board – 3 February 2021.

c)    Bay of Islands-Whangaroa Community Board – 4 February 2021.

Background

This report is to provide Council oversight of resolutions made at Community Board meetings and provide Community Board Chairperson’s with a formal opportunity to raise any Community Board issues with Council.

Discussion and Next Steps

This is intended as an information report.

From time to time Community Board’s may make recommendations to Council regarding some matters.

Council will note a recommendation to Council from the Bay of Islands-Whangaroa Community Board minutes. This recommendation is presented to Council in the Transfer of Local Purpose (Esplanade) Reserve to Landowners of Kopukawau Block, earlier in the agenda.

Financial Implications and Budgetary Provision

There are no financial implications or need for budget provision in considering this report.

Attachments

1.       THCB_20210126_MIN_2363 - A3066960

2.       KHCB_20200203_MIN_2442 - A3088805  

3.       BIWCB_20210204_MIN_2380 - A3086480   

 


Ordinary Council Meeting Agenda

25 February 2021

 

   MINUTES OF Te Hiku Community Board Meeting
HELD AT THE Conference Room, Te Ahu, Cnr Matthews Road and South Road, Kaitaia ON Tuesday, 26 January 2021 AT 10:00 am

PRESENT:                   Chairperson Adele Gardner, Member Jaqi Brown, Member Darren Axe, Member Sheryl Bainbridge, Member John Stewart, Member William Subritzky

1            Karakia Timatanga – Opening Prayer

Member Jaqi Brown opened the meeting with a Karakia/Prayer.

2            Apologies and conflicts of Interest

Nil

3            Public Forum

·    Melanie Chandler-Winter, representing Creative Northland updated the Board of the changes and work that Creative Northland are undertaking in Arts and Culture in the Te Hiku Community Board area.

·    Julie Gordon from Pukenui spoke about roadside fire at Monkey Point and the request to reduce the fire risk in this area by clearing the site of dry matter, creating a landscape plan and then maintenance of the area. 

Attachments tabled at meeting

1     Tabled Document - Julie Gordon speaking notes on Monkey Point, Pukenui

4            Deputations

Nil

5            Speakers

·    Brian Bellingham and Tracey Mold spoke on behalf of Houhora Big Game and Sports Fishing Club, in regards to Item 7.2 – Funding Applications.

·    Joan Fletcher spoke on behalf of Houhora Bowls and Sports Club, in regards to Item 7.2 – Funding Applications.

·    John Paitai spoke on behalf of Saint Clements Anglican Māori Church, in regards to Item 7.2 – Funding Applications.

Attachments tabled at meeting

1     Tabled Document - Houhora Big Game and Sport Fishing Club INC - Funding Application

The meeting was adjourned from 11.13 am to 11.31 am.

6            Confirmation of Previous Minutes

6.1         Confirmation of Previous Minutes

Agenda item 6.1 document number A3052763, pages 12 - 25 refers

Resolution  2021/1

Moved:       Chairperson Adele Gardner

Seconded:  Member Darren Axe

That the Te Hiku Community Board

a)      agrees that the minutes of the meeting held 17 November 2020 be confirmed as a true and correct record.

b)      agrees that the minutes of the Extraordinary meeting held 08 December 2020 be confirmed as a true and correct record.

Carried

7            Reports

7.1         Chairperson and Member Reports

Agenda item 7.1 document number A3052848, pages 26 - 33 refers

Resolution  2021/2

Moved:       Member Darren Axe

Seconded:  Member John Stewart

That the Te Hiku Community Board note the reports from Chairperson Gardner and Members Axe and Bainbridge.

Carried

At 12:15 pm, Member Jaqi Brown left the meeting. At 12:17 pm, Member Jaqi Brown returned to the meeting.

 

7.2         Funding Applications

Agenda item 7.2 document number A3055176, pages 34 - 37 refers

motion

Moved:       Chairperson Adele Gardner

Seconded:  Member Darren Axe

RESOLUTION 2021/3

Moved:       Member Darren Axe

Seconded:  Member John Stewart

That Te Hiku Community Board approves the sum of $20,000  (plus GST if applicable) be paid from the Board’s Community Fund account to Houhora Big Game and Sport Fishing Club for costs towards wharf repairs to support the following Community Outcomes:

i)       Proud Vibrant Communities

ii)      Communities that are healthy, safe, connected and sustainable

 

RESOLUTION 2021/4

Moved:       Member Darren Axe

Seconded:  Member Jaqi Brown

That Te Hiku Community Board approves the sum of $4,485 (plus GST if applicable) be paid from the Board’s Community Fund account to Houhora Bowls and Sports Club for costs towards greenkeeper accommodation repairs to support the following Community Outcomes:

i)       Proud Vibrant Communities

ii)      Communities that are healthy, safe, connected and sustainable

CARRIED

RESOLUTION 2021/5

Moved:       Member Sheryl Bainbridge

Seconded:  Member Jaqi Brown

That Te Hiku Community Board approves the sum of $20,000  (plus GST if applicable) be paid from the Board’s Community Fund account to St Clements Anglican Maori Church Ahipara for costs towards church repairs to support the following Community Outcomes:

i)       Proud Vibrant Communities

ii)      Communities that are healthy, safe, connected and sustainable

CARRIED

8            Information Reports

8.1         Te Hiku Hall Budget Information for 2020/2021

Agenda item 8.1 document number A3016643, pages 60 - 61 refers

Resolution  2021/6

Moved:       Member Jaqi Brown

Seconded:  Member William Subritzky

That the Te Hiku Community Board

a)      agree to uplift the item left to lie on the table ‘Te Hiku Hall Budget Information for 2020/2021.

b)      receive the report Te Hiku Hall Budget Information for 2020/2021.

Carried

 

The meeting was adjourned from 12.35 pm to 12.51 pm.

At 12:47 pm, Member John Stewart left the meeting.

9            Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2021/7

Moved:       Chairperson Adele Gardner

Seconded:  Member Jaqi Brown

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

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

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

9.1 - Update on the Procurement of the 2020/2021 New Footpaths Programme in the Te Hiku Ward

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

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

Carried

 

10           confirmation of information and decisions to be released in public

Resolution  2021/4

Moved:      Chairperson Adele Gardner

Seconded: Member Darren Axe

That the Te Hiku Community Board confirms that the decisions contained in the part of the meeting held with public excluded can be restated in public meeting.

9.1 Update on the Procurement of the 2020/2021 New Footpaths Programme in the Te Hiku Ward

 

RESOLUTION  2021/5

Moved:      Chairperson Adele Gardner

Seconded: Member Darren Axe

That the Te Hiku Community Board

a)    receive the report Update on the Procurement of the 2020/2021 New Footpaths Programme in the Te Hiku Ward.

b)    endorse the recommended adjustment to the programme to ensure it remains within approved budgets.

CARRIED

In Favour:       Crs Adele Gardner, Jaqi Brown, Darren Axe and William Subritzky

Against:          Cr Sheryl Bainbridge

RESOLUTION 2021/6

Moved:       Member Sheryl Bainbridge

Seconded:  Member Darren Axe

That the Te Hiku Community Board

a)      request that Mill Bay Road from Rangikapti Road to Beach Road be added to the Footpaths Matrix,

b)      request that Cable Bay Block Road, Cable Bay, be added to the Footpaths Matrix due to pedestrian safety and to be considered as part of Northland Transport Alliance funding,

c)      request that an update be provided to the Te Hiku Community Board during an ordinary meeting.

Carried

Carried

11          Karakia Whakamutunga – Closing Prayer

12          Meeting Close

The meeting closed at 1.28 PM.

The minutes of this meeting will be confirmed at the Te Hiku Community Board Meeting held on 2 March 2021.

 

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

CHAIRPERSON

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

            

 

 

 

 

 

 

 

 

Kaikohe-Hokianga Community Board Meeting Minutes UNCONFIRMED

3 February 2021

 

MINUTES OF
Kaikohe-Hokianga Community Board Meeting
HELD AT THE
Council Chamber, Memorial Avenue, Kaikohe
ON
Wednesday, 3 February 2021 AT 10.30 am

 

PRESENT:              Chairperson Mike Edmonds, Member Emma Davis, Member Louis Toorenburg, Member Kelly van Gaalen, Member Alan Hessell, Member Laurie Byers, Member John Vujcich, Member Moko Tepania

IN ATTENDANCE: Shaun Clarke (CEO)

STAFF PRESENT: Kathryn Trewin (Funding Advisor), Shayne Storey (Community Development Advisor), Ana Mules (Team Leader – Community Development and Investment), Aisha Huriwai (Team Leader – Democracy Services), Marlema Baker (Meetings Administrator – Democracy Services).

1            Apologies and conflicts of Interest

Alan Hessell sought leave to attend another meeting at 10:30 am and returned at 1:16 pm.

2            Public Forum

·         Mr David Boyce – Roading and drainage at Station Road (RFS submitted by Member Davis).

·         Materoa Mokaraka – House next door makes her place look untidy and is concerned that no one is using the COVID app when they come to the Council building.

·         Jenni Kerr and Shem Kerr – Broadwood Community decision to replace unusable footbridge/walking link (Takahue and Broadwood). Advocacy on maintenance and support for the Mangonuiowai suspension footbridge. (Ana Mules spoke briefly on this issue).

·         Shaun Reilly – Neglected town maintenance. Station Road, footpaths and substandard maintenance. Property owned by Grey Phillips has been under negotiations for 25 years and Council should purchase it.

·         Gail Aitkin – Hokianga Environmental Group – Spraying verges in Rawene. (follow-up on letter sent to all CB members). Stop spraying and mow first and then look at other alternatives.

3            Deputations

Nil

4            Speakers

Funding Applicants

Brian Vesey, Wally Te Huia,                     - Man Vs Wild Fishing Competition;         Item 6.2a refers.

Peter McCraith,                                         - North Hokianga A & P Show;                 Item 6.2c refers.

Heather Randerson,                                 - Niniwa Collective;                                   Item 6.2d refers.

Pamela Collins, Jenny McDougall,           - Manaki Tinana Trust;                              Item 6.2b refers.

 

4.1         Item of Business not on the Agenda which cannot be delayed – Rawene Glyphosate Weed Spraying

Resolution  2021/1

Moved:       Member Louis Toorenburg

Seconded:  Member John Vujcich

That the Kaikohe-Hokianga Community board resolves, under Section 46A (7), LGOIMA, to address the Rawene Glyphosate Weed Spraying item and the Chairperson provides the following information during the public part of the meeting:

a)    the reason the item is not on the agenda is that there was limited time for the Community to discuss this item.

b)    the reason why the discussion of the item cannot be delayed until a subsequent meeting is that the weed spraying is immenent.

Carried

 

4.2         Motion to Temporarily SuSpend Standing Orders

Resolution  2021/2

Moved:       Chairperson Mike Edmonds

Seconded:  Member John Vujcich

That the Kaikohe-Hokianga Community Board agrees to temporarily suspend Standing Orders so that the establishment of a Rawene Spraying Committee can be discussed without having a motion on the floor.

.Carried

 

Standing Orders suspended at 12:05 pm

Kelly van Gaalen left the meeting at 12:06 pm – 12:10 pm

Moko Tepania left the meeting at 1:23 pm

 

4.3         Motion to Reinstate Standing Orders

Resolution  2021/3

Moved:       Chairperson Mike Edmonds

Seconded:  Member Emma Davis

That the Kaikohe-Hokianga Community Board reinstate Standing Orders.

Carried

 

4.4         Establishment of a Hokianga Spraying Sub-Committee

Resolution  2021/4

Moved:       Chairperson Mike Edmonds

Seconded:  Member John Vujcich

That the Kaikohe-Hokianga Community Board establish a Hokianga Spraying Committee which will include Chairperson Mike Edmonds and members Louis Toorenburg, Emma Davis, John Vujcich, Alan Hessell and 2 members of the public.

Carried

 

Meeting adjourned 12:17 pm.

Spray Committee Meeting opened 12:22 pm

 

4.5         Kaikohe-Hokianga Community Board Sub-Committee - Hokianga Spraying Committee

Resolution  2021/5

Moved:       Chairperson Mike Edmonds

Seconded:  Member Emma Davis

That the Hokianga Spraying subcommittee agree to discuss the issue of spraying in Rawene.

Carried

 

Spray Committee Meeting closed 12:39 pm.

Meeting resumed 1:10 pm.

Public Forum continued

              June Hicks – Broadwood-Mangonuiowai Community Rep – replacement of the Broadwood Bridge.

Member Alan Hessell arrived 1:16 pm

5            Confirmation of Previous Minutes

5.1         Confirmation of Previous Minutes

Agenda item 6.1 document number A3039832, pages 10 - 17 refers

Resolution  2021/6

That the Kaikohe-Hokianga Community Board confirms the minutes of their meeting held 9 December 2020 as a true and correct record.

Carried

6            Reports

6.1         Kaikohe-Hokianga Statement of Community Board Fund Account as at 31 December 2020

Agenda item 7.1 document number A3062151, pages 18 - 21 refers

Resolution  2021/7

Moved:       Member Kelly van Gaalen

Seconded:  Member John Vujcich

That the Kaikohe-Hokianga Community Board receives the report Kaikohe-Hokianga Statement of Community Board Fund Account as at 31 December 2020.

Carried

 

6.2         Funding Applications

Agenda item 7.2 document number A3056417, pages 22 - 56 refers

MOtion

Moved:       Member Louis Toorenburg

Seconded:  Member Kelly van Gaalen

a)      That the Kaikohe-Hokianga Community Board, in considering the provisions of the Community Grant Policy authorise the sum of $xxx (plus GST if applicable) to be paid from the Board’s Community Fund account to Man vs Wild Fishing Competition for costs towards the 2021 fishing competition to support the following Community Outcomes:

(i)      Proud vibrant communities.

(ii)     Communities that are healthy, safe, connected and sustainable.

MOtion

b)      That the Kaikohe-Hokianga Community Board, in considering the provisions of the Community Grant Policy authorise the sum of $xxx (plus GST if applicable) to be paid from the Board’s Community Fund account to Manaki Tinana Trust for costs towards hall hire for one year of community fitness classes to support the following Community Outcomes:

 

(i)      Proud vibrant communities.

(ii)     Communities that are healthy, safe, connected and sustainable.

MOtion

c)      That the Kaikohe-Hokianga Community Board, in considering the provisions of the Community Grant Policy authorise the sum of $xxx (plus GST if applicable) to be paid from the Board’s Community Fund account to North Hokianga A&P Society Inc for costs towards entertainment at the 2021 show to support the following Community Outcomes:

(i)      Proud vibrant communities.

(ii)     Communities that are healthy, safe, connected and sustainable.

MOtion

d)      That the Kaikohe-Hokianga Community Board, in considering the provisions of the Community Grant Policy authorise the sum of $xxx (plus GST if applicable) to be paid from the Board’s Community Fund account to Niniwa Collective for costs towards the Te Whenua Tupu Ora to support the following Community Outcomes:

(iii)    Proud vibrant communities.

(iv)    Communities that are healthy, safe, connected and sustainable.

Carried

 

6.3         Resolution to exclude the Public

Resolution  2021/8

Moved:       Chairperson Mike Edmonds

Seconded:  Member Emma Davis

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

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

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

6.2 – Funding Applications

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

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

Carried

 

6.4         Motion to move out of closed meeting into open meeting

Resolution  2021/9

Moved:       Chairperson Mike Edmonds

Seconded:  Member Emma Davis

That the Kaikohe-Hokianga Community Board moves out of closed meeting into open meeting.

Carried

 

6.4         Funding applications (continue)

Resolution  2021/10

Moved:       Chairperson Mike Edmonds

Seconded:  Member Emma Davis

a)      That the Kaikohe-Hokianga Community Board, in considering the provisions of the Community Grant Policy authorise the sum of $1,600 (plus GST if applicable) to be paid from the Board’s Community Fund account to Man vs Wild Fishing Competition for costs towards the 2021 fishing competition to support the following Community Outcomes:

(i)      Proud vibrant communities.

(ii)     Communities that are healthy, safe, connected and sustainable.

Resolution  2021/11

b)      That the Kaikohe-Hokianga Community Board, in considering the provisions of the Community Grant Policy authorise the sum of $1,560 (plus GST if applicable) to be paid from the Board’s Community Fund account to Manaki Tinana Trust for costs towards hall hire for one year of community fitness classes to support the following Community Outcomes:

 

(i)      Proud vibrant communities.

(ii)     Communities that are healthy, safe, connected and sustainable.

Resolution  2021/12

c)      That the Kaikohe-Hokianga Community Board, in considering the provisions of the Community Grant Policy authorise the sum of $3,720 (plus GST if applicable) to be paid from the Board’s Community Fund account to North Hokianga A&P Society Inc for costs towards entertainment at the 2021 show to support the following Community Outcomes:

(i)      Proud vibrant communities.

(ii)     Communities that are healthy, safe, connected and sustainable.

Resolution  2021/13

d)      That the Kaikohe-Hokianga Community Board, in considering the provisions of the Community Grant Policy authorise the sum of $2,000 (plus GST if applicable) to be paid from the Board’s Community Fund account to Niniwa Collective for costs towards the Te Whenua Tupu Ora to support the following Community Outcomes:

(iii)    Proud vibrant communities.

(iv)    Communities that are healthy, safe, connected and sustainable.

 

Carried

7            Information Reports

7.1         Kaikohe Streetscape Projects

Agenda item 8.1 document number A3051552, pages 57 - 84 refers

Resolution  2021/14

Moved:       Member Emma Davis

Seconded:  Member Alan Hessell

That the Kaikohe-Hokianga Community Board receive the report, Kaikohe Streetscape Projects, dated 3 February 2021.

.Carried

Note: that the tall planting on concept plan 72 has been updated and will now be low level planting of flaxes and shrub types. Akau in conversation with He Waka Kotahi regarding potential funding for specific sections of the Streetscape plan

8            Meeting Close

The Meeting closed at 1:30 pm.

The minutes of this meeting will be confirmed at the Kaikohe-Hokianga Community Board Meeting held on 3 March 2021.

 

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

CHAIRPERSON

 

            

 

 

 

 

unconfirmed

Bay of Islands-Whangaroa Community Board Meeting Minutes

4 February 2021

 

   MINUTES OF
Bay of Islands-Whangaroa Community Board Meeting
HELD AT THE
Baysport Complex, Harmony Lane, Waipapa
ON
Thursday, 4 February 2021 AT 10.00 am

 

PRESENT: Chairperson Belinda Ward, Deputy Chairperson Frank Owen, Member Lane Ayr, Member Manuela Gmuer-Hornell, Member Manuwai Wells, Member Dave Hookway-Kopa, Member Rachel Smith

1        Karakia Timatanga – Opening Prayer

All members opened with a karakia.

2        Apologies and conflict of Interest

RESOLUTION  2021/1

Moved:       Chairperson Belinda Ward

Seconded:  Member Lane Ayr

That the apology from Member Bruce Mills, and apology for lateness from Rachel Smith be accepted.

Carried

 

MOTION – SPREAKING RIGHTS FOR COUNCILLOR DAVID CLENDON

RESOLUTION 2021/2

Moved:       Chairperson Belinda Ward

Seconded:  Member Frank Owen

That the Bay of Islands-Whangaroa Community Board welcome Councillor Clendon and that he be permitted to speak during member debate.

Carried

2        Public Forum

Ray Hatch spoke on behalf of Rangitane Recreation Committee.

Attachments tabled at meeting

1        Rangitane Recreation Asscociation - Tabled Document Feb 2021

3        Deputations

Alastair Wells spoke on behalf of Far North Holdings in regard to Rangitane Boat Ramp Development.

4        Speakers

Laura Rumsey and Richard Robbins spoke on behalf of Guardians of the Bay of Islands Inc. in regard to Funding Applications Item 7.3.

 

Rachel Smith joined the meeting at 11:06 am.

5        Confirmation of Previous Minutes

6.1     Confirmation of Previous Minutes

Agenda item 6.1 document number A3051581, pages 10 - 17 refers.

RESOLUTION  2021/3

Moved:       Chairperson Belinda Ward

Seconded:  Member Manuela Gmuer-Hornell

That the Bay of Islands-Whangaroa Community Board confirm the minutes of the Bay of Islands-Whangaroa Community Board meeting held 3 December 2020 are a true and correct record with the following amendments:

a)    Item 6.1 – Resignation of Deputy Chairperson, separated into two resolutions

b)    Item 7.4 – Funding Applications, Mohinui Marae, add a note that includes Dave Hookway and Manuwai Wells are against amendment but not against the substantive motion.

Abstained:  Cr Rachel Smith

Carried

6        Reports

7.1     Chairperson and Members Report

Agenda item 7.1 document number A3052225, pages 18 - 33 refers.

RESOLUTION 2021/4

Moved:       Chairperson Belinda Ward

Seconded:  Member Lane Ayr

That the Bay of Islands-Whangaroa Community Board note the reports from Chairperson Belinda Ward, Member Lane Ayr, Member Manuela Gmuer-Hornell, Member Bruce Mills.

Abstained:  Cr Rachel Smith

Carried

At 12:05 pm, Rachel Smith left the meeting.

At 12:06 pm, Rachel Smith returned to the meeting.

RESOLUTION  2021/5

Moved:       Member Manuela Gmuer-Hornell

Seconded:  Member Lane Ayr

That the Bay of Islands-Whangaroa Community Board request A report of exisiting contracts, that give effect to levels of service in the Bay of Islands-Whangaroa community, and contract renewal expiry dates.

Abstained:  Cr Rachel Smith

Carried

Meeting Adjourned from 12:18pm to 1:34 PM  for lunch.

7.2     Statement of Community Board Fund Account as at 31 December 2020

Agenda item 7.2 document number A3063532, pages 34 - 37 refers.

RESOLUTION  2021/6

Moved:       Member Dave Hookway

Seconded:  Member Manuela Gmuer-Hornell

That the Bay of Islands-Whangaroa Community Board receives the report entitled “Statement of the Bay of Islands-Whangaroa Community Board Community Fund account as at 31 December 2020”.

Abstained:  Cr Rachel Smith

Carried

 

7.3a   Funding Applications

Agenda item 7.3 document number A3056658, pages 38 - 56 refers.

RESOLUTION 2021/7

Moved:       Member Lane Ayr

Seconded:  Cr Frank Owen

That the Bay of Islands-Whangaroa Community Board approves the sum of $2,425 (plus GST if applicable) be paid from the Board’s Community Fund account to Guardians of the Bay of Islands Inc for costs towards Te Rā nga Tamariki Day to support Community Outcomes and that:

a)    Free drinking water is provided for the tamariki, and;

b)    Vendors participating in the event are requested not to provide sugar drinks;

c)    that future applications may not be approved for the purpose of facilitation/professional fees.

Abstained:  Cr Rachel Smith

Carried

 

7.3B  Funding Applications

RESOLUTION 2021/8

Moved:       Member Lane Ayr

Seconded:  Cr Frank Owen

That the Bay of Islands-Whangaroa Community Board approves the sum of $12,800 (plus GST if applicable) be paid from the Board’s Community Fund account to BaySports Inc for costs towards stadium refurbishment to support Community Outcomes.

Abstained:  Cr Rachel Smith

Carried

 

RESOLUTION 2021/9

Moved:       Chairperson Belinda Ward

Seconded:  Member Lane Ayr

That the Bay of Islands-Whangaroa Community Board recommend to Strategy and Policy Committee that a framework be developed for the funding of community facilities across the Far North as a matter of urgency.

Abstained:  Cr Rachel Smith

Carried

At 2:27 pm Member Manuwai Wells left the meeting.

7.4     Transfer of Local Purpose (Esplanade) Reserve to Landowners of Kopuakawau Block

Agenda item 7.4 document number A3060098, pages 57 - 138 refers.

RESOLUTION  2021/10

Moved:       Chairperson Belinda Ward

Seconded:  Member Manuela Gmuer-Hornell

That the Bay of Islands-Whangaroa Community Board recommend that Council make the following resolution:

 

a.       That subject to the directions of the MLC, Far North District Council approve the transfer of Lot 9 DP 102838 being Local Purpose (Esplanade) Reserve to the landowners of Kopukawau or to such body or trust as the MLC directs; and

b.      The transfer of land to occur at no cost to Council.

Abstained:  Cr Rachel Smith

Carried

 

8 KARAKIA WHAKAMUTUNGA – CLOSING PRAYER

Rachel Smith closed with a karakia.

9 MEETING CLOSE

The meeting closed at 2:45 pm.

 

The minutes of this meeting were confirmed at the Bay of Islands-Whangaroa Community Board Meeting held on 4 March 2021.

 

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

CHAIRPERSON


Ordinary Council Meeting Agenda

25 February 2021

 

7.2         Transitional Legislation on Māori Representation

File Number:           A3073875

Author:                    Caroline Wilson, Manager - District Administration

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

 

Purpose of the Report

To inform elected members of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Bill and the opportunity to revisit the previous decision of Council to hold a binding poll on Māori wards during the 2022 Local Body Elections.

Executive Summary

The Government is seeking to pass legislation under urgency in February 2021 to bring about consistency for establishing Māori and general wards. The proposed changes would be in time to take effect for the 2022 local government elections.

In practical terms, if the Amendment Bill is passed into law, Councils decision on 29 October 2020 to hold a binding poll with the 2022 Local Body Elections will be annulled.

This would provide Council an opportunity to revisit the matter of Māori wards, with a decision required by no later than 21 May 2021.

Recommendation

That the Council receive the report Transitional Legislation on Māori Representation.

Background

Council passed a resolution on 29 October 2020 to hold a binding poll on Māori wards with the 2022 local body elections.  The decision as a result of the poll would be binding for the following two electoral cycles.

Government are looking to pass the Local Electoral (Māori Wards and Māori Constituencies) Amendment Bill which proposes:

·      repealing the “Māori ward poll provisions” in the Local Electoral Act 2001;

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

·      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.

These changes will bring the Māori ward and constituency processes into greater alignment with the general ward and constituency processes.

Discussion and Next Steps

If the Amendment Bill is passed, Council’s decision to hold a binding poll in 2022, after having taken an education campaign on the matter, will be annulled.

The Bill proposes that councils will have a fresh opportunity to consider Māori representation for the 2022 local elections. Until 21 May 2021, councils may:

·      resolve, if they had not done so previously, to establish Māori wards or constituencies.

·      revoke a previous resolution to establish Māori wards or constituencies; or

·      make no decision, in which case the council’s previous actions will stand.

There is no obligation on councils to consider Māori wards or constituencies during the transition period.

If Council chooses to make a new decision on establishment Māori Wards, the decision will be binding for the 2022 and 2025 elections and must form part of the Representation Arrangements review which is currently underway.

It would be helpful for staff to understand Council’s desired approach pending successful passing of the Amendment Bill so as to make the deadline of 21 May 2021 (preference of staff would be April’s Council meeting if possible so as to minimise the impact on the current work and timelines of the Representation Arrangements review).

Financial Implications and Budgetary Provision

There are no financial implications as a result of this report. 

Attachments

1.       Fact Sheet Mäori Wards - A3073857  

 


Ordinary Council Meeting Agenda

25 February 2021

 

Fact Sheet:
Changes to Māori Ward and Māori Constituency Processes

The status quo

What are Māori wards and constituencies?

Under the Local Electoral Act 2001, councils decide their own representation arrangements, including whether to establish Māori and/or general wards and consistencies.

Māori wards and constituencies are the local government equivalent of the Māori parliamentary electorates. They are called “wards” at city and district councils and “constituencies” at regional councils. Each council is responsible for deciding whether it will have Māori wards or constituencies at its elections.

If a council has Māori wards or constituencies, then:

·    voters on the Māori electoral roll will vote for and be represented by candidates contesting a Māori ward or constituency rather than candidates contesting a general ward or constituency;

·    voters on the general electoral roll will continue to vote for candidates contesting general wards and constituencies; and

·    everyone will vote for the mayor, at-large councillors (if any), and local board or community board members (if any).

Māori wards and constituencies are subject to the same population ratio rules as general wards and constituencies. This ensures that all representation at the council is fair.

What are the “Māori ward poll provisions”?

The Local Electoral Act 2001 has provided that after a council resolves to establish Māori wards or constituencies, a binding poll on Māori representation must be held if 5% of a council’s electors demand one. A council may also opt to initiate its own binding poll.

The outcome of the binding poll lasts for two elections.

How is this different from the processes for general wards and constituencies?

There are no poll provisions on the establishment of general wards. Instead, councils are required to undertake a consultation process which may be subject to review by the Local Government Commission. (The Local Government Commission is an independent body which hears appeals on the total number of councillors and the placement of boundaries).

Changes proposed by the Bill

What is happening?

The Government is seeking to pass legislation under urgency in February 2021 to make it easier for local authorities (“councils”) to establish Māori wards and constituencies for the 2022 local government elections.

The Local Electoral (Māori Wards and Māori Constituencies) Amendment Bill proposes:

·    repealing the “Māori ward poll provisions” in the Local Electoral Act 2001;

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

·    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.

These changes will bring the Māori ward and constituency processes into greater alignment with the general ward and constituency processes.

What happens if a poll is demanded or resolved for before the Bill comes into force?

The Bill proposes that any demands or council resolutions for a poll will not have any effect, even if they are lodged or made before the Bill comes into force.

What happens during the transition period?

The Bill proposes that councils will have a fresh opportunity to consider Māori representation for the 2022 local elections. Until 21 May 2021, councils may:

·    resolve, if they had not done so previously, to establish Māori wards or constituencies;

·    revoke a previous resolution to establish Māori wards or constituencies; or

·    make no decision, in which case the council’s previous actions will stand.

At any time, councils may resolve to hold a non-binding poll on Māori representation to gauge community sentiment.

There is no obligation on councils to consider Māori wards or constituencies during the transition period.

Implementation

What happens after a council establishes Māori wards or constituencies?

Any council that establishes Māori wards must complete a representation review to propose how many councillors it will have at the next election and the boundaries for any wards or constituencies. The Bill does not make any changes to the representation review process. The number of Māori councillors is calculated in proportion to the overall number of councillors and the number of people on the Māori electoral roll at the council. The council’s initial proposal must be publicly notified by 8 September 2021.

In its representation review, a council may propose that any new Māori councillor positions are additional to the existing general councillor positions, or it may propose converting some general councillor positions to Māori councillor positions.

The council must consult on its representation review proposal with its community. The final proposal may be subject to review by the Local Government Commission.

 


Ordinary Council Meeting Agenda

25 February 2021

 

7.3         CEO Report to Council 01 November 2020 - 31 December 2020

File Number:           A3086904

Author:                    Mia Haywood, Accounting Support Officer

Authoriser:             Emma Healy, Executive Officer

  

Purpose of the Report

The purpose of the report is to present the CEO Report, 1 November 2020 to 31 December 2020 for Council’s consideration.

Executive Summary

The CEO Report to Council is a summary of Council activities, presenting an overview across all activities that Council undertakes. We have placed emphasis on relevant issues and pressures Council is experiencing whilst meeting its objectives to the community.

Recommendation

That the Council receive the report CEO Report to Council 01 November 2020 - 31 December 2020.

 

Background

The CEO Report to Council is attached and covers a detailed overview of progress against Council’s activities. His Worship the Mayor and Councillors’ feedback is welcomed.

Discussion and Next Steps

This report is for information only.

Financial Implications and Budgetary Provision

There are no financial implications or budgetary provision needed as a result of this report.

Attachments

1.       CEO Report to Council_1 November 2020 - 31 December 2020 - A3086925  

 


Ordinary Council Meeting Agenda

25 February 2021

 

 

 

FNDC Horizontal Logo

 

 

 

 

 

 

 

Chief Executive Officer’s Report to Council

 

Period: 1 November 2020 31 December 2020

 

 

 

 

 

 

 

 

 

Key Work Plan Areas:

Governance

CEO Office

Strategy

Corporate Operations

Infrastructure and Asset Management

 

 

 

 

 

Introduction

Welcome to this CEO report, which provides an overview on the Council’s activities for the period 1 November 2020 – 31 December 2020.


Welcome to the latest summary report of Council activities

 

 

Introduction from Shaun Clarke, Chief Executive

 

 

This report period covers the end of the calendar year and it is a year which has seen disruption in the form of COVID-19 and associated lockdowns and alert levels, drought and drought mitigation, flooding, fire and the extraordinary efforts to secure and start delivering on central government recovery funding. 

 

An important milestone in the CouncilMARK programme was reached when the assessors were on site early November to evaluate progress Council had made since the first assessment in 2016.  CouncilMARK is designed to improve the public's knowledge of the work councils are doing in their communities and to support individual councils to further improve the service and value they provide.  The assessment included comprehensive written material and interviews with a range of stakeholders both internally and externally. Elected Members and Staff worked together in a unified effort to make the best presentation possible on the progress and current state of our Council. 

 

The assessment focussed on:

1.   Governance, leadership and strategy

2.   Financial decision-making and transparency

3.   Service delivery and asset management

4.   Communicating and engaging with the public and business

 

The results of the assessment are due by the end of March 2021.

 

The culmination of 34 change projects in the CouncilMARK assessment week ends a particular down and in phase for this council, where we have focused in a very concerted way on installing and enhancing capability, capacity and culture in our organisation. There is a small number of projects with long gestations (eg Programme DARWIN) which will continue. However, in general, we now move to a phase of up and out where the focus becomes how to ensure the new strengths actually result in better service to Elected Members, stakeholder groups and individual constituents. There are many exciting opportunities in this phase.

 

The staff Your Voice survey analysis was carried out comparing results year on year, by group.  The past three years show an upward trend across all areas of measurement and the overall engagement index increased by over 5% from 68.24% in 2019 to 73.67% in 2020.  Out of the additional ten areas measured, nine increased (with the tenth area decreasing by less than 1%).  This is a significant achievement as it tells us how staff feel about working for the organisation. The focus now moves to engaging with staff to put action plans in place to address the feedback that came out of the survey.

 

Creating Great Workplaces the remote working project entered into a consultation phase with staff in December.  Each staff member was asked to pick their preference for working in the office or working from the office and home (ie a hybrid approach).  Feedback was also sought on a Remote Working policy.  The new operating model and policy is expected to take effect from February 2021.  This is an example of a staff-driven initiative that helps build engagement and empowers people to deliver their work programme in the best way they can. It also adds a very significant level of resilience for business continuity with ongoing pandemic issues, that few other organisations appear to have achieved.

 

This reporting period also saw significant attention from the Asset Management, Far North Waters and Finance teams going into providing the information required for the Request For Information in relation to the Three Waters reform programme.  At the time of writing this report, the information is on track to be provided within the given timeframe.     

 

The Water Shortage Committee re-instated weekly meetings to review water information and make decisions on water restriction levels.  A district-wide water conservation campaign was launched in mid-November with full-page newspaper advertisements made and regular social media posts.  In late December Level 2 restrictions were implemented in Kawakawa and Kaitaia. 

 

Achievements during this period included:

·    Significant progress on the Long Term Plan (LTP) was made with many workshops held with Elected Members in November and December (over 60 workshops in total were held in 2020)

·    All Funding Agreements for recovery funding projects signed off with central Government

·    The first combined Community Board workshop which provided a good foundation for further work to be done on giving effect to an optimal relationship between Community Boards, Councillors and Council

·    A first draft of FN2100 being made available to Councillors for comment through the digital Elected Member lounge

·    Two awards received from the Association of Local Government Information Managers (ALGIM) that were specifically related to the COVID-19 Lockdown and Local Governments response

·    The mobile inspection functionality released and in production for liquor license code of compliance, campground inspections, septage and housing for the elderly

·    A staff ‘Love Your Work’ awards presented, which saw three staff received awards for going above and beyond

·    The Kerikeri Wastewater Treatment Plant officially opened in December

 

Operational performance during this period saw:

·     12.1% decrease in financial counter stats for Service Centres

·     4.3% decrease in calls to the Contact Centre

·     16.8% decrease in AskUs emails

·     15.6% increase in Building Inspection bookings

·     9.8% decrease in visitors to Service Centres

·     48% decrease in i-Site visitor numbers

·     24% decrease in i-Site retail revenue

·     52% decrease in i-SIte transaction spend

·     41% decrease in transaction numbers

·     1.1% decrease in digital library use, reflecting consistent use of databases and eBook collections

·     1.2% increase in book checkouts, reflecting steady book borrowing leading up to the holiday period

·     591 Animal Management RFSs received during the November – December 2020 period and maintained an average of 94% of RFSs responded to on time

·     Animal Management had a significant reduction in urgent priority 1 RFSs with 66 RFSs compared with 116 for the previous period

·     For the 2020/2021 registration period, there are now nearly 8,000 dogs registered (renewed registrations and new dog registrations)

·     63 dogs were impounded across the District with12 dogs rehomed through the Council’s website

·     A total of 10 infringements were issued to dog owners for offences, 2 of these were for having an unregistered dog.

·    55 food business verifications completed and 70 proactive alcohol license Good Host Visits (GHV) conducted. 54% of all food premises in the District have now had GHV’s

·    A total of 211 noise complaints were received, marginally higher than the previous period which is relative to the season

·    Response times for noise complaints during the reporting period average at 83% (against a KPI target of 95%, with responses for urban areas within one hour and rural areas within two hours). A big improvement was seen in the month of December with 88% response rate met compared with 77% in November.

·    231 Parking Infringements issued with a total dollar value of $9,032. This is an increase of more than 100 compared to the previous period.

·    178 resource consent applications were received and 91 consents were issued

·    An average of 91.5% of resource consents processed within statutory timeframes for the period

·    Building Consents received for December (122) were 28 % higher (see red line in the graph) than the 4-year average (blue line) and 17 % higher than the highest December tally for the last four years (104)

·    During the November/ December period, a total of 283 building consents were received

·    245 building consents issued

·    99.60% of building consents were issued within the legislative timeframe of twenty working days. The average number of days to issue a consent for the above period is 12.10 working days (against the 20-day statutory requirement) and 30.90 calendar days

·    112 Building Warrant of Fitness (BWOF) audits were undertaken

·    34 Notices to Fix were issued for breaches of the Building Act

·    4 Infringements were issued for building-related breaches

·    A total of 17 Certificates of Acceptance were approved

·    100 pool inspections were carried out; the fail rate for this period was 30%

 

Given the challenges of 2020, I encouraged staff to take a well-deserved break over Christmas.  A skeleton crew of staff in customer-facing roles remained working during the Christmas period and most other staff were able to take leave.  Given the tumultuous year that was 2020, and what we need to deliver in 2021, looking after the health safety & wellbeing of our people has never been more important. 

 

Governance

 

Workshops

The months of November and December were busy with eleven Council workshops:

• Long Term Plan, six workshops

• District Plan, one workshop

• Big Lab Ideas one workshop

• Representation Arrangements two workshops

• Combined Community Board one workshop

The workshop format is invaluable in providing an overall strategic direction, which in turn allows Members at formal Council meetings to make informed decisions.

 

Combined Community Board Workshop

The second Combined Community Board Workshop facilitated by Dr Steven Finlay of LGNZ was held 15 December 2020. The workshop was well attended with good engagement from members looking at various opportunities for improving the support of Far North Community Boards which will be developed further by the Community Board Working Party. 

 

Combined Community Board workshop dates for 2021 have been scheduled for 25 March, 17 June, 9 September and 17 November respectively. Staff will work with the Community Board Chairpersons to set the agenda for each of these workshops.

 

Training

Mayor and Councillors attended an in-house workshop on Governance Essentials, facilitated by LGNZ, in the month of November.   This is part of the formal training programme for all elected members, over and above those members with individual professional development plans.

 

Action Sheets/Decision Tracking

Action sheets and monitoring processes have been developed with a soft launch in November 2020. These action sheets will record implementation of resolutions for Council, Committees, and Communi