Agenda of Regulatory Compliance Committee Meeting

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

Purpose

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

The Committee will have functional responsibility for the following aspects:

· Hearings (excluding RMA and DLC)

· Regulatory activities

· Regulatory policies and bylaws

· Regulatory compliance

· Mana Whakahono

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

Delegations

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

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

· the overall priorities of Council.

· the needs of the local communities; and

· the approved budgets for the activity.

Power to Delegate

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

Membership

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

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

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

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

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

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

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

Mayor Carter

Kelly Stratford – Chairperson

Dave Collard – Deputy Chairperson

John Vujcich

Rachel Smith

David Clendon

Ann Court

Belinda Ward – Bay of Islands-Whangaroa Community Board Chair

Adele Gardner – Te Hiku Community Board Chair

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

Quorum - Committee

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

Frequency of Meetings

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

Committees Responsibilities

The Committees responsibilities are described below:

Hearings, Objections and Appeals

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

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

Regulatory Activities

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

o regulatory matters; and

o provision of services

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

Policies and Bylaws

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

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

Compliance

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

· Monitor operational functions comply with legislative requirements and Council policy

o BCA (building consents)

o RMA (resource consents)

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

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

o District Plan (when proposed)

o Building Act

o Resource Management Act

o Licences (various acts)

o Animal management

Mana Whakahono-ā-Rohe (Mana Whakahono)

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

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

HEARINGS, OBJECTIONS AND APPEALS

Regulatory Compliance Committee, meeting as a Hearing Committee

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

Public Works Act 1981

Public work requirements.

Local Government Act 2002

Objections against the construction of public works on private land.

Local Government Act 1974

Objections and appeals to road stopping proposals.

Fencing of Swimming Pools Act 1987

Applications for exemption, waiver, or compliance.

Delegated decisions

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

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

Dog Control Act 1996

Objections.

Gambling Act 2003, Health Act 1956, and Building Act 2004

Hearings, objections, and related matters.

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

Rules and Procedures

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

Annual reporting

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

REGULATORY COMPLIANCE COMMITTEE - MEMBERS REGISTER OF INTERESTS

Name	Responsibility (i.e. Chairperson etc)	Declaration of Interests	Nature of Potential Interest	Member's Proposed Management Plan
Hon John Carter QSO	Board Member of the Local Government Protection Programme	Board Member of the Local Government Protection Program
Hon John Carter QSO	Carter Family Trust
Kelly Stratford (Chair)	KS Bookkeeping and Administration	Business Owner, provides bookkeeping, 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
Kelly Stratford - Partner	Māori title land – Moerewa	Shareholder	None perceived	If there was a conflict of interest, I would step aside from decision making
David Collard (Deputy Chair)	Snapper Bonanza 2011 Limited	45% Shareholder and Director
David Collard (Deputy Chair)	Trustee of Te Ahu Charitable Trust	Council delegate to this board
David Clendon	Chairperson – He Waka Eke Noa Charitable Trust	None		Declare if any issue arises
	Member of Vision Kerikeri	None		Declare if any issue arises
	Joint owner of family home in Kerikeri	Hall Road, Kerikeri
David Clendon – Partner	Resident Shareholder on Kerikeri Irrigation
Deputy Mayor Ann Court	Waipapa Business Association	Member		Case by case
	Warren Pattinson Limited	Shareholder	Building company. FNDC is a regulator and enforcer	Case by case
	Kerikeri Irrigation	Supplies my water		No
	District Licensing	N/A	N/A	N/A
	Top Energy Consumer Trust	Trustee	Crossover in regulatory functions, consenting economic development and contracts such as street lighting.	Declare interest and abstain from voting.
	Ann Court Trust	Private	Private	N/A
	Waipapa Rotary	Honorary member	Potential community funding submitter	Declare interest and abstain from voting.
	Properties on Onekura Road, Waipapa	Owner Shareholder	Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)	Declare interest and abstain from voting.
	Property on Daroux Dr, Waipapa	Financial interest	Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)	Declare interest and abstain from voting.
	Flowers and gifts	Ratepayer 'Thankyou'	Bias/ Pre-determination?	Declare to Governance
	Coffee and food	Ratepayers sometimes 'shout' food and beverage	Bias or pre-determination	Case by case
	Staff	N/A	Suggestion of not being impartial or pre-determined!	Be professional, due diligence, weigh the evidence. Be thorough, thoughtful, considered impartial and balanced. Be fair.
	Warren Pattinson	My husband is a builder and may do work for Council staff		Case by case
Ann Court - Partner	Warren Pattinson Limited	Director	Building Company. FNDC is a regulator	Remain at arm’s length
	Air NZ	Shareholder	None	None
	Warren Pattinson Limited	Builder	FNDC is the consent authority, regulator, and enforcer.	Apply arm’s length rules
	Property on Onekura Road, Waipapa	Owner	Any proposed FNDC capital work in the vicinity or rural plan change. Maybe a link to policy development.	Would not submit. Rest on a case by case basis.
Rachel Smith	Friends of Rolands Wood Charitable Trust	Trustee
	Mid North Family Support	Trustee
	Property Owner	Kerikeri
	Friends who work at Far North District Council
	Kerikeri Cruising Club	Subscription Member
	Vision Kerikeri	Financial Member
Rachel Smith (Partner)	Property Owner	Kerikeri
	Friends who work at Far North District Council
	Kerikeri Cruising Club	Subscription Member and Treasurer
	Vision Kerikeri	Financial Member
	Town and General Groundcare Limited	Director, Shareholder
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
Belinda Ward	Ward Jarvis Family Trust	Trustee
	Kenneth Jarvis Family Trust	Trustee
	Residence in Watea
Belinda Ward (Partner)	Ward Jarvis Family Trust	Trustee and beneficiary
	Kenneth Jarvis Family Trust	Trustee and beneficiary
	Residence in Watea	Trustee
Adele Gardner	N/A - FNDC Honorarium
	Te Hiku Education Trust	Trustee
	Te Ahu Charitable Trust	Trustee
	ST Johns Kaitaia Branch	Trustee/ Committee Member
	Te Hiku Sports Hub Committee
	I know many FNDC staff members as I was an FNDC staff member from 1994-2008.
Partner of Adele Gardner	N/A as Retired

Regulatory Compliance Committee Meeting Agenda

4 May 2021

4 Reports

4.1 Confirmation of Previous Minutes

File Number: A3141822

Author: Marlema Baker, Meetings Administrator

Authoriser: Aisha Huriwai, Team Leader Democracy Services

Te Take Pūrongo / Purpose of the Report

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

ngĀ tŪtohunga / Recommendation

That the Regulatory Compliance Committee confirms that the minutes of the meeting of the Committee held 23 March 2021 are a true and correct record.

1) te TĀhuhu kŌrero / Background

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

2) Te matapaki me NgĀ KŌwhiringa / Discussion and Options

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

Te Take Tūtohunga / Reason for the recommendation

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

3) NgĀ PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision

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

ngĀ Āpitihanga / Attachments

1. 2021-03-23 Regulatory Compliance Committee Minutes - A3127278 ⇩

Te Hōtaka Take Ōkawa / 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.

He Take Ōkawa / Compliance requirement	Te Aromatawai Kaimahi / Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This is a matter of low significance.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	This report complies with the Local Government Act 2002 Schedule 7 Section 28.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	It is the responsibility of each meeting to confirm their minutes therefore the views of another meeting are not relevant.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	There are no implications on Māori in confirming minutes from a previous meeting. Any implications on Māori arising from matters included in meeting minutes should be considered as part of the relevant report.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	This report is asking for the minutes to be confirmed as true and correct record, any interests that affect other people should be considered as part of the individual reports.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications or the need for budgetary provision arising from this report.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Regulatory Compliance Committee Meeting Agenda

4 May 2021

4.2 Parking Enforcement Services

File Number: A3143478

Author: Rochelle Deane, Manager - Environmental Service

Authoriser: Dean Myburgh, General Manager - District Services

Take Pūrongo / Purpose of the Report

To seek approval to make application for the delegation to enforce stationary parking offences on State Highway across the Far North District from Waka Kotahi New Zealand Transport Agency (NZTA).

To seek approval to trial the enforcement of stationary vehicle Warrant of Fitness (WoF) and Vehicle Registration across the Far North District.

WhakarĀpopoto matua / Executive Summary

Parking Wardens can undertake parking enforcement activity on behalf of Council under the Land Transport Act 1998, Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011 and Land Transport (Offences and Penalties) Regulations 1999.

The Far North District Councils Parking Warden monitors parking across the district focussing on central business districts on Council controlled roads only.

Waka Kotahi has sole powers of control for all purposes of state highways and can delegate some of these powers to the Council. Stationary vehicle offences are one of these delegations.

If delegations are received by FNDC, the new parking bylaw can be drafted to include state highway parking and enforcement, providing consistency across the region and potentially additional income.

It is illegal to operate a vehicle without a valid Warrant of Fitness (WoF) and current Vehicle Registration. Council has authority to check and issue infringements for invalid registrations and WOF’s on stationary vehicles. Currently this provision has not been enforced by FNDC Parking Wardens.

This type of enforcement ensures that fewer unregistered and unsafe vehicles are on our road.

tŪtohunga / Recommendation

That Far North District Council:

a) makes application for the delegation to enforce stationary parking offences on State Highway from Waka Kotahi (the New Zealand Transport Agency); and

the Regulatory Compliance Committee recommends to Council that.

b) it commences a trial period of enforcing stationary vehicle Warrants of Fitness and Registration offences across the district.

1) TĀhuhu kŌrero / Background

State Highway Delegation:

There have been several requests for Parking Wardens to enforce parking along the districts state highways, in particular Marsden Road, Paihia.

Waka Kotahi (the NZ Transport Agency) has sole powers of control for all purposes of all state highways under the Government Roading Powers Act 1989 (GRPA).

Section 62(1) of the GRPA, authorises the Transport Agency to delegate to territorial authorities all or any of the functions, duties, and powers of control conferred on the Transport Agency by the GRPA with respect to any state highway or any portion of a state highway where it makes good sense for the Council to perform that role.

One of the powers the agency can delegate to council is for stationary vehicle offences via an Instrument of delegation

If delegations are received it allows Council to.

(a) put vehicle parking restrictions on state highways in our bylaw, and

(b) enforce stationary vehicle offences on state highways.

Vehicle Warrant of Fitness and Registration:

It is illegal to operate a vehicle without a valid and visible WoF and Registration unless driving directly to a place where repairs will be conducted.

Council Parking Wardens are authorised to enforce these provisions on stationary vehicles. To date FNDC wardens have not been enforcing this requirement across the district.

Government make the regulations that prescribe the fees for these offences. Council does not have the ability to change the amount. The fine amount is $200 for not displaying or having an outdated WoF/Registration.

Waka Kotahi have recently released ‘Road to Zero – NZ’s road safety strategy, which sets a target to reduce deaths and serious injuries on New Zealand roads, streets, cycleways and footpaths by 40 percent over the next 10 years.

One key focus area under ‘Road to Zero’ is vehicle safety.

It is important that a vehicle always remains safe to drive and can prevent a crash or protect its occupants to reduce the numbers of deaths and injuries on our roads. A warrant of fitness (WoF) is a regular check to ensure that a vehicle meets required safety standards.

Council Parking Wardens can play an important role to ensure that there a fewer unsafe and unregistered vehicle on our roads across the district.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

State Highway Delegation:

The current Parking and Traffic Control Bylaw will be automatically revoked on 17 June 2022 and all the existing parking and road use regulation will cease to have effect and a new bylaw is required.

If delegations are received by FNDC, the new Parking bylaw can be drafted to include state highway parking and enforcement, providing consistency across the region and potentially additional income. This new bylaw is expected to come into effect in 2022.

It is recommended to seek delegation from Waka Kotahi for the power to make bylaws regulating parking on all sections of state highway in the district to ensure that the delegation can be drafted into the new Parking Bylaw so that stationary vehicle offences are enforced consistently across the district.

Vehicle Warrant of Fitness and Registration:

The proposal to implement a trial period for the FNDC parking warden to include expired WoF and Registration compliance into their current monitoring regime, should follow the VADE regulatory model of enforcement (Voluntary> Assisted > Directed> Enforced).

Following the VADE regulatory model, initially a lead in awareness and information communications would need to occur via a council lead communication plan. The compliance focus would be on the safety aspect of ensuring vehicles are legal and safe for use on the district’s roads and the consequences of non-compliance to avoid fines.

Once active monitoring commences, expired WoF and Registrations would be given a one-month grace period, from expiry date before any infringements are issued. A reminder/advice note would be given in the interim periods.

Infringements can be cancelled/waivered if owner provides documentation that registration/WoF has been paid the same day as infringement notice.

To receive a clear indication of the community’s compliance and any future impact on resourcing that WoF and Registration enforcement would generate it is recommended that.

- The trial run for a period of one year, with a review of the impacts after six months

- Monthly reports from Parking Warden on trends, compliance, and awareness within community

- Administration reports on infringements issued, objected to, waivered, and paid

Take Tūtohunga / Reason for the recommendation

The recommendations:

· provide for consistency across the district for parking enforcement

· Ensure safe and legal vehicles are travelling on the district’s roads.

3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision

No financial implications involved in recommendation. Potential increase in revenue from increase infringements capability from delegations and extra regulation, which may require additional in-house resources for processing in the longer term.

Āpitihanga / Attachments

1. Parking Enforcement Services - A3166581 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low Significance – this matter does not meet the criteria/threshold for a matter of significance
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Local Government Act 2002 FNDC Parking and Traffic Control Bylaw 2010 Land Transport Act 1998 Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011 Land Transport (Offences and Penalties) Regulations 1999 LTP Community Outcomes: Communities that are healthy, safe, connected, and sustainable.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	District wide significance
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	No specific implications. The content of the new bylaw would be developed in partnership with tangata whenua
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).	District wide
State the financial implications and where budgetary provisions have been made to support this decision.	No financial budgetary implications regarding decisions. Potential revenue increase from infringements which may require additional council resources to process.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Regulatory Compliance Committee Meeting Agenda

4 May 2021

5 Information Reports

5.1 Resource Management Act Reform Update

File Number: A3146678

Author: Rochelle Deane, Manager - Environmental Service

Authoriser: Dean Myburgh, General Manager - District Services

TAKE PŪRONGO / Purpose of the Report

To provide insight and discussion topics for the Council on the Resource Management Act (RMA) reform from information provided to attendees at the recent New Zealand Planning Institute (NZPI) Conference (March 2021).

WHAKARĀPOPOTO MATUA / Executive SummarY

The RMA Reforms contain three new Acts to replace the current Resource Management Act.

The three new Acts will be the:

· Natural and Built Environments Act (NBA) to provide for land use and environmental regulation (this would be the primary replacement for the RMA)

· Strategic Planning Act (SPA) to integrate with other legislation relevant to development, and require long-term regional spatial strategies

· Climate Change Adaptation Act (CAA) to address complex issues associated with managed retreat and funding and financing adaptation.

This report is collation of information and discussion points/topics to be considered arising from information provided at the NZPI Conference held in Nelson in March 2021.

TŪTOHUNGA / Recommendation

That the Regulatory Compliance Committee receive the report Resource Management Act Reform Update.

tĀHUHU KŌRERO / Background

On 1 July 2019, Cabinet agreed to undertake a comprehensive review of the resource management system and the resource management review was launched by Hon David Parker, Minister for the Environment, on 24 July 2019.

The aim of the review was to improve environmental outcomes and better enable urban and other development within environmental limits. The review had to design a system for land use regulation and environmental protection that is fit to address current and future challenges and support the development of a system that delivers cultural and environmental outcomes for all New Zealanders, including Māori, and improves their wellbeing.

Other key changes include stronger national direction and one single combined plan per region. There is also to be more of a focus on natural environmental outcomes and less on subjective amenity matters that favour the status quo. Better urban design will also be pursued.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

The Strategic Planning Act (SPA)

1. Regional Spatial Plans - The Strategic Planning Act (SPA) will require the development of Regional Spatial Plans. It is intended that Regional Spatial Plans will integrate land use and infrastructure decisions taking into account hazards, development capacity, social infrastructure, transport and LGA functions.

2. Informed - FNDC needs spatial information to participate meaningfully in the development of Regional Spatial Plans. Does FNDC know where it is growing/declining, the state of assets? Can this information be presented spatially e.g. through GIS heat maps, scenario testing? What are our known spatial planning information gaps?

3. Collaborative - FNDC departments need to be prepared with an aligned response to the draft Strategic Planning Act when it is released in late 2022. Staff capacity will need to be allocated to preparing a response.

4. Proactive - Proactive engagement with MFE, NRC, KDC and WDC is recommended. What information do these organisations already have that would assist with responding to the Minister?

5. Localism - FNDC will need to identify the unique “Far North Factors” (local objectives) that must be prioritised and not lost in the new Regional Spatial Plans. For example: significance of hapu relationships, low socio-economic rate base, affordability of infrastructure.

Climate Change Adaptation Act (CAA)

1. One of the themes of the Conference was “Climate Change” and how this will impact on society and how planners need to respond. Decisions are having to be made as to whether more protective measures or managed retreat is the better option. The Far North already has this issue in parts of the Hokianga and with numerous low-lying coastal settlements will be facing more of these issues in the future.

2. The new legislation replacing the RMA will include a Climate Adaptation Act. Managing the effects of climate change will be a key component of the new regional strategic and spatial plans proposed under the new legislation. As seen from the diagram below the CAA will inform Regional Natural & built Environmental Plans which will cross pollinate with Regional Spatial Strategies.

3. Climate change will have a bigger impact than many people realise:

It not only affects sea level rise but will exacerbate existing natural hazards such as flooding, landslips, and storm events. In addition, measures to limit or reduce greenhouse gas emissions will affect current ways of doing business and our way of life.

4. Local government will be in the frontline of these changes,

It has vast sums of capital tied up in existing infrastructure much of which is at risk from climate change effects. Decisions will need to be made as to whether we spend more resources on upgrading and protecting these assets or whether relocation is a better long-term option.

5. More emphasis will need to be placed on identifying natural hazards and directing development away from such areas.

Planners will need to work more closely with engineers so that decisions made on infrastructure align with directives in our planning documents. Council will also have to engage with communities affected by climate change who may have to be relocated from their existing homes.

6. The question of liability:

Particularly where councils allow development in areas susceptible to the effects of climate change and/or where “Insurance Retreat” means that the council is the “last person standing”.

7. Local government will need to be pro-active:

More resources will be required into planning for and managing climate change effects. One suggestion is that councils employ a “Climate Change” advisor or team who assess all council projects and plans in terms of whether they have adequately considered the climate change implications.

Natural Built Environment Act (NBA)

Moving to the NBA Act will require six big shifts

1. Planning for positive outcomes, and managing adverse effects to achieve them:

Decision-making under a replacement for the RMA is re-oriented from principally managing ‘adverse effects’ to seeking to achieve specified positive environmental outcomes.

2. A more effective role for Māori and improved recognition of Te Tiriti o Waitangi:

Recognition of Te Tiriti o Waitangi and Māori interests is strengthened and provides new roles for mana whenua in strategic decision-making.

3. Moving to equitable and efficient resource allocation within limits:

A more explicit framework for recognising the allocative impacts of decision-making about land use and environmental protection is developed and provides tools to improve how access to resources is allocated.

4. More integrated and strategic long-term planning:

Strategic planning about land use, infrastructure and environmental protection by central and local government and mana whenua is provided for.

5. Effective partnering of central & local government and iwi/Māori in planning and delivery:

Decision-making about land use and the environment is centred on a series of regional partnerships between central and local government and mana whenua

6. Improved evidence, monitoring, feedback & oversight:

System monitoring and oversight provisions are strengthened to improve transparency, accountability, and delivery of outcomes.

What do we need to consider at FNDC?

Planning for outcomes- what will this look like? How do we reshape thinking from what’s wrong with an application to what’s possible from it?

A more effective role for Māori – how will we build capability across the system – including with central government – to embed the principles of the Tiriti in our people, institutions, and processes?

Long term strategic planning – although this is already happening, the proposals give regional strategies a greater role and status in the system.

First in, first served can’t work – and the allocation of use rights is a fundamental function of the system – what does this mean for planners?

Planning collaboratively by regions – how can planners ensure that local values and priorities are taken into account and not lost in the drive to a regional or national focus?

Digital technologies and innovation will be engineered into the new system and will impact on what planners do and how they work.

Evidence – it’s not just about generating knowledge; it’s about applying it as well.

PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision

Resources will be required across multiple departments to prepare for significant changes signalled prior to the end of 2022.

Āpitihanga / 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, during the decision-making process,

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

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

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

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

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low Significance – this matter does not meet the criteria/threshold for a matter of significance.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Resource Management Act 1991 Resource Management Amendment Act 2020 FNDC District Plan LTP Community Outcomes: · Communities that are healthy, safe, connected, and sustainable. · Prosperous communities supported by a sustainable economy · A wisely managed and treasured environment that recognises the special role of tangata whenua as kaitiaki
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	District Wide Significance
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	No specific implications
Identify persons likely to be affected by or have an interest in the matter, and how you have considered their views or preferences (for example – youth, the aged and those with disabilities.	FNDC Community Ministry for the Environment
State the financial implications and where budgetary provisions have been made to support this decision.	No Financial Implications
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Regulatory Compliance Committee Meeting Agenda

4 May 2021

5.2 Environmental Health Services: Food Licensing Update

File Number: A3152679

Author: Rochelle Deane, Manager - Environmental Service

Authoriser: Dean Myburgh, General Manager - District Services

TAKE PŪRONGO / Purpose of the Report

To provide an update to the committee on Food Licensing in the District, reporting on:

· The number of premises registered

· The number of food verifications completed

· The number of complaints received, and enforcement action taken

· Summary of Recognised Agency Remote Surveillance Assessment

WHAKARĀPOPOTO MATUA / Executive SummarY

The Far North District Council, as a territorial authority, is deemed a recognised agency under the Food Act 2014 (s137) and is therefore authorised to act as a verification agency for template food control plans operating entirely within the Far North District area and where the sales are primarily directly to consumers.

The Food Act 2014 aims to ensure that food sold throughout New Zealand is safe. A central feature of this legislation is a sliding scale where businesses that are higher risk, from a food safety point of view, will operate under more stringent food safety requirements than lower-risk food businesses. The Food Act 2014 promotes food safety by focusing on the processes of food production, not the premises where food is made.

In a recent surveillance audit, International Accreditation New Zealand (IANZ) on behalf of the Ministry for Primary Industries (MPI) recommended that FNDC continues to meet the requirements to be a Recognised Agency to conduct verification services under the Food Act 2014.

TŪTOHUNGA / Recommendation

That the Regulatory Compliance Committee receive the report Environmental Health Services: Food Licensing Update.

tĀHUHU KŌRERO / Background

Food businesses can fall into two food safety measure groups:

Food Control Plans: Written plans for managing food safety on a day-to-day basis. These are used by higher-risk businesses.

National Programmes (1-3): A set of food safety rules for medium and low-risk businesses. Although a written plan is not required, these businesses still need to register, meet food safety standards, keep some records, and be verified.

The focus of the Food Act 2014 also means that verifiers should focus on what is most important for achieving food safety at each type of business. Guidelines for verifiers are aimed at supporting them to use their professional judgement and technical expertise.

The Food Act 2014 introduced a verification based method of checking that food operators are conforming to procedures outlined in their documented plan or programme. This is different to the previous inspection regime used under the Health (Registration of Premises) Regulations 1966.

The Far North District Council is also required to apply for approval from MPI to verify certain businesses subject to National Programmes. The Far North District Council currently holds a Notice of Recognition issued (under delegation) by the Chief Executive of the MPI to verify National Programmes.

MPI has independently assessed staff at the Far North District Council and confirmed technical, legislative, verification and quality management system competencies to provide verification services in the following areas:

Template Food Control Plans (FCP)

• Section 39 template food control plans registered by the Far North District Council where the business is only in the Far North District and sells primarily directly to consumers

• Section 40 template food control plans with food service or food retail focus as specified in the food notice

National Programme 1 (NP1)

• Extract or pack honey

• Make sugar molasses, syrups, or related products

• Sell tea, coffee, hot chocolate, and packaged shelf stable food only

• Sell packaged ice creams, ice blocks or similar items only

• Store or transport food only

National Programme 2 (NP2)

Manufacture:

• Bread, fruit loaves, bagels pita bread etc.

• Cereals, biscuits, and crackers

• Crisps, popcorn, and other snack foods

• Peanut butter, jams, pickles, and chutneys

• Confectionery, chocolate and icing

• Ice, iced confectionery, and iced desserts

• Frozen, dried, or dehydrated fruits and vegetables

Sell:

• Chilled or frozen foods

Process:

• Nuts and seeds

Serve:

• Food at an early childhood education centre (ECE) / Kōhanga Reo

National Programme 3 (NP3)

• Brew, distil, manufacture alcoholic beverages (not including wine), vinegar or malt extract

• Manufacture non-alcoholic beverages

• Manufacture oils or fats (other than butter) for human consumption

• Process grain (includes milling, malting rolling and roasting)

• Handle food for retail (includes scooping ice cream and reheating manufacture prepared food)

• Process herbs or spices (includes loose tea)

• Manufacture dry mix products (includes cake mixes, powdered desserts, drinks, flavourings, and soups)

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Food Premises Registered

As at 1 April 2021, FNDC have 464 food premises registered in the district. This is 26 more

premises than in the 2019/2020 period. The Covid19 restrictions do not appear to have had

an effect on the number of food businesses.

Program	Number of Premises
Template Food Control Plan (FCP)	302
National Program 1 (NP1)	42
National Program 2 (NP2)	41
National Program 3 (NP3)	79
Total	464

A food premise operator is required to renew their registration, where the renewal frequency depends on the type of registration held. Food Control Plans require annual renewals and National Programs require renewal every two years.

Food Verifications Completed

Between 1 July 2020 and 1 April 2021, 269 verifications have been completed by the

Environmental Health Services team.

Only a small number of verifications were completed during December 2020 and January 2021 as the team were completing the annual health licensing inspections. (Hairdresser, Campground, Mortuaries).

243 of these verifications had an “acceptable outcome” and 26 of these verifications had an “unacceptable outcome”.

The frequency of verification depends on the type of registration that an operator holds. As an

incentive for operators who are compliant with food safety as per their registered FCP of NP the

frequency period between verifications can be extended which is a cost saving to the operator.

Food Control Plan

National Programme

If an unacceptable outcome has been achieved from an initial verification or a subsequent

verification, the verifier must determine whether the operator is.

· Willing and able to comply

· Unwilling and unable to comply

· There is an immediate risk to public health.

If it is an unacceptable outcome the period between verifications shortens which increases the

running costs for an operator.

Complaints Received

Between 1 July 2020 and 1 April 2021, the following complaints have been received via the

FNDC Request for Service platform.

Type of Complaint	Total Number Received
Complaint regarding food premise staff	5
EHO Behaviour	0
Food Poisoning	3
Hygiene of Premises	17
Labelling of Product	0
Drinking Water Availability	0
Operating during lockdown	0
Sale of expired product	0
Unregistered Operator	16
Water Quality Issues	0
Total	41

All complaints received are investigated and the appropriate action taken to resolve the issue. The EHS team uses the compliance model called “VADE – Voluntary, Assisted, Directed, enforced” approach when dealing with compliance issues.

No enforcement action has been required to date. The Environmental Health Services team have been able to actively work with the operators to achieve positive outcomes.

Recognised Agency Remote Surveillance Assessment

In January 2021 FNDC (the Food Verification Agency) underwent a remote surveillance assessment by IANZ on behalf of MPI to ensure requirements of an Agency were being met. IANZ recommended that FNDC continues to meet the requirements to be a Recognised Agency to conduct verification services under the Food Act 2014. A copy of the report is attached. (Attachment A: Recognised Agency Assessment Report).

Overall, the assessment was an excellent result for the Food Verification Agency and one to be commended.

Three non-conformances were identified. Action plans have been developed and accepted to address the non-conformities and these will be closed out by MPI at the next audit scheduled for January 2022.

The non-conformances were:

Businesses with expired and overdue registrations

The FVA have now reviewed and amended the process to ensure the process meets the Food Act 2014 requirements.

The FVA is confident in the new process when dealing with businesses who fail to renew their registration. So far, the FVA have issued 11 “cease trading” directions to businesses who have failed to renew their registration. Of these 11, six businesses obtained a new registration and can now operate. The remaining five have ceased trading or are no longer in operation.

The FVA have implemented a new process called “Intention to Suspend Registration”. This process has provided the FVA with a useful tool to utilise when trying to confirm a verification appointment with an operator. If an operator fails to respond to our attempts to schedule a verification, we can suspend their registration until such time a verification is carried out.

Competence assessment forms

The forms have now been reviewed and amended.

Recording decisions on competency

Competency Matrix has now been reviewed and amended,

PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision

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

Āpitihanga / Attachments

1. 34720.210126.MPI QMS Assessment Report (ID 522861) (002) - A3156259 ⇩

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation

to decision making, in particular:

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

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

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

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

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low Significance – this matter does not meet the criteria/threshold for a matter of significance
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Food Act 2014 LTP Community Outcomes: Communities that are healthy, safe, connected, and sustainable.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	District Wide Significance
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	No specific implications
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities.	Information report only
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.