Agenda of Strategy and Policy Committee Meeting

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

Purpose

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

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

· Better data and information

· Affordable core infrastructure

· Improved Council capabilities and performance

· Address affordability

· Civic leadership and advocacy

· Empowering communities

The Committee will review the effectiveness of the following aspects:

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

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

o FN2100

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

o District Plan

o Significant projects (not infrastructure)

o Financial Strategy

o Data Governance

o Affordability

· Consultation and engagement including submissions to external bodies / organisations

To perform his or her role effectively, each Committee member must develop and maintain

his or her skills and knowledge, including an understanding of the Committee’s responsibilities, and of the Council’s business, operations and risks.

Power to Delegate

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

Membership

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

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

will be the chairperson).

Mayor Carter

Rachel Smith – Chairperson

David Clendon – Deputy Chairperson

Moko Tepania

Ann Court

Felicity Foy

Dave Collard

John Vujcich

Belinda Ward – Bay of Islands-Whangaroa Community Board

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

Quorum

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

Frequency of Meetings

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

Committees Responsibilities

The Committees responsibilities are described below:

Strategy and Policy Development

· Oversee the Strategic Planning and Policy work programme

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

· Recommend to Council strategy and policy for adoption;

· Monitor and review strategy and policy.

Service levels (non regulatory)

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

Policies and Bylaws

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

· Recommend to Council new or amended bylaws for adoption

Consultation and Engagement

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

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

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

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

Strategic Relationships

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

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

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

· Meet annually with local MOU partners

· Quarterly reviewing operation of all Memoranda of Understanding

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

· Monitor Sister City relationships

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

Submissions and Remits

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

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

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

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

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

Fees

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

District Plan

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

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

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

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

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

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

§ To manage the private plan change process.

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

Rules and Procedures

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

Annual reporting

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

STRATEGY AND POLICY COMMITTEE - MEMBERS REGISTER OF INTERESTS

Name	Responsibility (i.e. Chairperson etc)	Declaration of Interests	Nature of Potential Interest	Member's Proposed Management Plan
Hon John Carter QSO	Board Member of the Local Government Protection Programme	Board Member of the Local Government Protection Program
Hon John Carter QSO	Carter Family Trust
Rachel Smith (Chair)	Friends of Rolands Wood Charitable Trust	Trustee
	Mid North Family Support	Trustee
	Property Owner	Kerikeri
	Friends who work at Far North District Council
	Kerikeri Cruising Club	Subscription Member and Treasurer
	Vision Kerikeri	Financial Member
Rachel Smith (Partner)	Property Owner	Kerikeri
	Friends who work at Far North District Council
	Kerikeri Cruising Club	Subscription Member
	Vision Kerikeri	Financial Member
	Town and General Groundcare Limited	Director. Shareholder
David Clendon (Deputy Chair)	Chairperson – He Waka Eke Noa Charitable Trust	None		Declare if any issue arises
	Member of Vision Kerikeri	None		Declare if any issue arises
	Joint owner of family home in Kerikeri	Hall Road, Kerikeri
David Clendon – Partner	Resident Shareholder on Kerikeri Irrigation
David Collard	Snapper Bonanza 2011 Limited	45% Shareholder and Director
David Collard	Trustee of Te Ahu Charitable Trust	Council delegate to this board
Deputy Mayor Ann Court	Waipapa Business Association	Member		Case by case
	Warren Pattinson Limited	Shareholder	Building company. FNDC is a regulator and enforcer	Case by case
	Kerikeri Irrigation	Supplies my water		No
	District Licensing	N/A	N/A	N/A
	Top Energy Consumer Trust	Trustee	Crossover in regulatory functions, consenting economic development and contracts such as street lighting.	Declare interest and abstain from voting.
	Ann Court Trust	Private	Private	N/A
	Waipapa Rotary	Honorary member	Potential community funding submitter	Declare interest and abstain from voting.
	Properties on Onekura Road, Waipapa	Owner Shareholder	Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)	Declare interest and abstain from voting.
	Property on Daroux Dr, Waipapa	Financial interest	Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)	Declare interest and abstain from voting.
	Flowers and gifts	Ratepayer 'Thankyou'	Bias/ Pre-determination?	Declare to Governance
	Coffee and food	Ratepayers sometimes 'shout' food and beverage	Bias or pre-determination	Case by case
	Staff	N/A	Suggestion of not being impartial or pre-determined!	Be professional, due diligence, weigh the evidence. Be thorough, thoughtful, considered impartial and balanced. Be fair.
	Warren Pattinson	My husband is a builder and may do work for Council staff		Case by case
Ann Court - Partner	Warren Pattinson Limited	Director	Building Company. FNDC is a regulator	Remain at arm’s length
	Air NZ	Shareholder	None	None
	Warren Pattinson Limited	Builder	FNDC is the consent authority, regulator and enforcer.	Apply arm’s length rules
	Property on Onekura Road, Waipapa	Owner	Any proposed FNDC capital work in the vicinity or rural plan change. Maybe a link to policy development.	Would not submit. Rest on a case by case basis.
Felicity Foy	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 dwellings on Church Road, Kaingaroa and dwellings on Allen Bell Drive, Kaitaia, and property on North Road, Kaitaia, one title contains a cell phone tower.
	King Family Trust	This trust owns several titles/properties at Cable Bay, Seaview Rd/State Highway 10 and Ahipara - Panorama Lane.	These trusts own properties in the Far North.
	112 Commerce Street Holdings Ltd	Owner of commercial property in Commerce Street Kaitaia.
	Foy Property Management Ltd	Owner of company that manages properties owned by Foy Farms Rentals and Flick Family Trust.
	Previous employment at FNDC 2007-16	I consider the staff members at FNDC to be my friends
	Shareholder of Coastline Plumbing NZ Limited
Felicity Foy - Partner	Director of Coastline Plumbing NZ Limited
Felicity Foy - Partner	Friends with some FNDC employees
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
Kelly Stratford - Partner	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
	Member	Kaikohe Business Association	Possible funding provider	Declare a Conflict of Interest
Belinda Ward	Ward Jarvis Family Trust	Trustee
	Kenneth Jarvis Family Trust	Trustee
	Residence in Watea
Belinda Ward (Partner)	Ward Jarvis Family Trust	Trustee and beneficiary
	Kenneth Jarvis Family Trust	Trustee and beneficiary
	Residence in Watea	Trustee

Strategy and Policy Committee Meeting Agenda

4 May 2021

Treated Water Supply Bylaw Proposal

Content guidelines in red font to meet requirements of sections 82, 82A and 83 of the Local Government Act 2002, delete guidelines as you complete the content.

Context

The Far North District Council (“the Council”) provides treated water to properties that are connected to one of its eight water supply schemes. The schemes are in: Kerikeri/Waipapa, Paihia/Opua/Waitangi, Kawakawa/Moerewa, Kaikohe/Ngawha, Ōkaihau, Kaitāia, Rawene/Omanaia and Opononi/Ōmāpere. Treated water is water that meets the standards for drinking water. Those standards are set by central government and administered by the Ministry of Health.

The Council’s supply of treated water is currently regulated by a Water Supply Bylaw that was made on 16 October 2009. That bylaw was due for review by 16 October 2019, but was not reviewed by that date. Section 160A of the Local Government Act 2002 states that a bylaw not reviewed by the date required is automatically revoked two years later. This means the Water Supply Bylaw will be revoked on 16 October 2021. The Council therefore needs to develop a way to address the following problems that could arise when the current bylaw is revoked:

· inability to preventatively apply water restrictions, for example due to an emerging drought

· potential issues charging customers for water use if water supply is interrupted, shut off, quality is poor or if water use is restricted, for example, due to a drought

· not being able to determine the level of water supplied to a property in order to manage the amount supplied

· potential contamination of the water supply by members of the public making water unsafe to drink or use if rules do not exist to avoid contamination

· damage to council’s assets by the public (particularly damage to water mains by work done near or over these mains)

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

On 25 February 2021, the governing body of the Council determined that a bylaw is the most appropriate method for addressing those problems. Before making a bylaw, the governing body is required to consult and determine whether the proposed bylaw:

· is the most appropriate form of bylaw

· gives rise to any implications under the New Zealand Bill of Rights Act 1990.

The proposal

Far North District Council proposes to make a bylaw to regulate the supply of treated water from its eight water supply schemes. The bylaw will apply to all users of water supplied by these schemes including property owners and occupiers, operators of bulk water supply businesses, and users sourcing treated water from standpipes on hydrants. The bylaw will not apply to privately-owned water schemes because they are regulated by national legislation.

This will be a new bylaw because the existing Water Supply Bylaw will be revoked on 16 October 2021.

The new bylaw will:

· define the point of supply of treated water to customers

· set out the terms of supply for different types of water supply

· describe planned and unplanned interruptions to the supply that may be made by the Council

· describe the terms of use of water meters

· provide powers for the Council to restrict or prohibit water supply

· describe how work on the water supply system can occur

· set out how to apply to connect to the treated water supply and other types of approval (e.g. exemption from restriction), including peoples’ right to object to Council’s decisions

· state how the water supply system must be protected from contamination and damage

· set out when the Council may access a property to inspect, test or maintain the water supply system.

Reasons for the proposal

The governing body of the Far North District Council has determined that a bylaw is the most appropriate method for addressing problems with its supply of treated water. Because the existing bylaw will be revoked on 16 October 2021, a new bylaw needs to be made, and be in force, by that date.

Analysis of the reasonably practicable options

The governing body of the Far North District Council considered three options for addressing problems with its supply of treated water as follows:

· Do nothing, allow the current bylaw to revoke, and have no regulation of treated water supply

· Use a supply contract, between the Council and users of the treated water, to set terms and conditions for the supply of treated water

· Make a bylaw to regulate the treated water supply

The advantages and disadvantages of the options are summarised in the following table.

	Option
	Do nothing	Supply contract	A 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 what could be in a supply contract Will include enforcement provisions It effectively maintains the status quo with no need to “sign up” existing customers (as would be required for a supply contract)
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, i.e. is one-size-fits-all

New Zealand Bill of Rights Act 1990 implications

Part 2 of the New Zealand Bill of Rights Act 1990 sets out civil and political rights that may only be subject to reasonable limits that can be demonstrably justified in a free and democratic society. The proposed new bylaw may give rise to implications for the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise (section 21 of the New Zealand Bill of Rights Act 1990). This is because the bylaw gives the Council powers to enter private land to inspect parts of the water supply system. However, the bylaw provisions are fully within the scope of powers the Council already has under sections 171 to 174 of the Local Government Act 2002 and section 332 of the Resource Management Act 1991. Therefore, the bylaw provisions will be reasonable limits on the rights in the New Zealand Bill of Rights Act 1990.

How to give your views on the proposal

The Council encourages any person or organisation affected by, or having an interest in, the proposed Treated Water Supply Bylaw to present their views on the proposal to the Council by making a submission.

You can make a submission by using the form in this proposal or in any other manner and format that is appropriate to your preferences and needs. Submissions can be made by using any of the following methods:

· online at the Council’s website: https://www.fndc.govt.nz/waterbylaw2021

· email your submission to submissions@fndc.govt.nz

· drop-off your submission at any Council service centre or library, details of their locations and opening times are listed at www.fndc.govt.nz/contact or you can get that information by phoning the Council on 0800 920 029

· post your submission to: Strategy Development Team, Far North District Council, Private Bag 752, Kaikohe 0440

· make an oral presentation of your submission at a meeting of the Strategy and Policy Committee

Please include your full name and email address or postal address in your submission if you want:

· the Council to acknowledge receipt of your submission

· to make an oral presentation – you will be contacted about when and where this will take place.

Privacy statement – Please be aware, when providing personal information, the submission is part of the public consultation process for the Treated Water Supply Bylaw. As such, all submissions, any summaries of submissions, and attached documents, are copied and made available to the Council’s governing body as well as the public. Your submission and name will not be treated as confidential unless you specifically request it to be made confidential in your submission.

The last date by which you can make a submission is 31 May 2021. If you want to make an oral presentation, you must inform the Council before this date. Oral presentations will take place during the period from 8 to 11 June 2021.

Submission form

1. Please provide your details below

Name:

Organisation: (if on behalf)

Postal Address: (optional)

Email: (optional)

Would you like to subscribe to …. e-mail updates on the proposal? Yes/No

2. Which ward do you live in? (Please tick)

Bay of Islands Hokianga Te Hiku Don’t know

3. Please give your views on the proposal by referring to each part of the draft bylaw, if you don’t have a view on a particular part you can leave it blank, or, in electronic forms, delete it.

(a) Do you support the provisions in Part 1 (purpose and interpretation)?

Yes/No/Unsure