Te Kaunihera o Tai Tokerau ki te Raki
AGENDA
Regulatory Compliance Committee Meeting
Tuesday, 20 July 2021
Time: |
1.00 pm |
Location: |
Council Chamber Memorial Avenue Kaikohe |
Membership:
Cr Kelly Stratford - Chairperson
Cr Dave Collard – Deputy Chairperson
Mayor John Carter
Deputy Mayor Ann Court
Cr David Clendon
Cr Rachel Smith
Cr John Vujcich
Member Adele Gardner – Te Hiku Community Board Chairperson
Member Belinda Ward – Bay of Islands-Whangaroa Community Board Chairperson
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 (eg 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.
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 |
|
|
Carter Family Trust |
|
|
|
|
Kelly Stratford (Chair) |
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 |
|
He Puna Aroha Putea Whakapapa |
Trustee |
May be perceived conflicts |
Should conflict arise, step aside from voting should they apply for funds |
|
Kawakawa Returned Services Association |
Member |
May be perceived conflicts |
Should conflict arise, step aside from voting should they apply for funds |
|
Whangaroa Returned Services Association |
Member |
May be perceived conflicts |
Should conflict arise, step aside from voting should they apply for funds |
|
National Emergency Management Advisor Committee |
Member |
|
Case by case basis |
|
Te Rūnanga ā Iwi o Ngāpuhi |
Tribal affiliate member |
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 should there appear to be one |
|
Te Rūnanga ā Iwi o Ngāti Hine |
Tribal affiliate member |
Could have a perceived conflict of interest |
Declare a perceived conflict should I determine there is a conflict |
|
Kawakawa Business and Community Association |
Member |
|
Will declare a perceived conflict should there appear to be one |
|
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 |
|
David Collard (Deputy Chair) |
Snapper Bonanza 2011 Limited |
45% Shareholder and Director |
|
|
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 |
|
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 |
20 July 2021 |
Regulatory Compliance Committee Meeting
will be held in the Council Chamber, Memorial Avenue, Kaikohe on:
Tuesday 20 July 2021 at 1.00 pm
Te Paeroa Mahi / Order of Business
1 Karakia Timatanga – Opening Prayer
2 Nga Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest
4 Confirmation of Previous Minutes
4.1 Confirmation of Previous Minutes
5.1 District Services Monthly Business Report for May 2021
5.2 Significant Flora and Fauna Assessment
5.4 Regulatory Compliance Committee Action Sheet Update July 2021
6 Karakia Whakamutunga – Closing Prayer
7 Te Kapinga Hui / Meeting Close
2 Nga Whakapāha Me Ngā Pānga Mema / 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 Committee 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 Te Tono Kōrero / Deputation
· Leonie Exel - Community Advocate
20 July 2021 |
4 Confirmation of Previous Minutes
4.1 Confirmation of Previous Minutes
File Number: A3052620
Author: Marlema Baker, Meetings Administrator
Authoriser: Aisha Huriwai, Team Leader Democracy Services
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.
That the Regulatory Compliance Committee confirms that the minutes of the meeting of the Committee held 4 May 2021 are a true and correct record. |
1) 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) 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.
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) Financial Implications and Budgetary Provision
There are no financial implications or the need for budgetary provision as a result of this report.
1. 2021-05-04 RegC minutes - A3177690 ⇩
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 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. |
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 |
20 July 2021 |
MINUTES OF Far North District Council
Regulatory Compliance
Committee Meeting
HELD AT THE Council Chamber,
Memorial Avenue, Kaikohe
ON Tuesday, 4 May 2021
AT 1.00
pm
PRESENT: Cr Kelly Stratford, Cr Dave Collard, Mayor John Carter (HWTM), Cr David Clendon, Deputy Mayor Ann Court, Cr Rachel Smith, Cr John Vujcich, Member Adele Gardner, Bay of Islands-Whangaroa Community Board Belinda Ward
IN ATTENDANCE: Shaun Clarke (Chief Executive Officer), Dean Myburgh (General Manager Districts Services), Andy Finch (General Manager Infrastructure and Asset Management), William J Taylor, MBE (General Manager Strategic Planning and Policy - Acting), Jacine Warmington (General Manager - Corporate Services (Acting)
STAFF PRESENT: Keith Kent (Transport Planner), Jaime Dyhrburg (Manager – Transformation and Assurance), Trent Blakeman (Manager – Building Services), Louise Wilson (Team Leader – Monitoring), Pat Killalea (Principle Planner), Rochelle Deane (Manager – Environmental Services), Marlema Baker (Meetings Administrator)
1 Karakia TimatAnga – Opening Prayer
Chair Kelly Stratford commenced the meeting and opened with a karakia.
2 NGā WHAKAPāHA ME NGā PāNGA MEMA / Apologies and Declarations of Interest
Apologies |
Committee Resolution 2021/11 Moved: Cr John Vujcich Seconded: Cr Rachel Smith That apologies from Mayor John Carter be received and accepted. Carried |
3 NGā tONO kŌRERO / Deputation
None
4 Reports
4.1 Confirmation of Previous Minutes Agenda item 4.1 document number A3141822, pages 14 - 17 refers |
Committee Resolution 2021/12 Moved: Cr Rachel Smith Seconded: Cr Dave Collard 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. Carried |
4.2 Parking Enforcement Services Agenda item 4.2 document number A3143478, pages 18 - 26 refers |
Committee Resolution 2021/13 Moved: Cr Rachel Smith Seconded: Bay of Islands-Whangaroa Community Board Belinda Ward 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: b) that it commences a trial period of enforcing stationary vehicle Warrants of Fitness and Registration offences across the district. Carried |
5 Information Reports
5.1 Resource Management Act Reform Update Agenda item 5.1 document number A3146678, pages 27 - 31 refers |
Committee Resolution 2021/14 Moved: Cr Rachel Smith Seconded: Cr David Clendon That the Regulatory Compliance Committee receive the report Resource Management Act Reform Update. Carried |
5.2 Environmental Health Services: Food Licensing Update Agenda item 5.2 document number A3152679, pages 32 - 50 refers |
Committee Resolution 2021/15 Moved: Cr Rachel Smith Seconded: Cr John Vujcich That the Regulatory Compliance Committee receive the report Environmental Health Services: Food Licensing Update. Carried |
5.3 BCA Regulatory Compliance Update Agenda item 5.3 document number A3155727, pages 51 - 52 refers Trent Blakeman presenta |
Committee Resolution 2021/16 Moved: Cr Rachel Smith Seconded: Bay of Islands-Whangaroa Community Board Belinda Ward That the Regulatory Compliance Committee receive the report BCA Regulatory Compliance Update. Carried |
6 Karakia Whakamutunga – Closing Prayer
7 tE kAPINGA hUI / Meeting Close
The meeting closed at 2:00pm.
The minutes of this meeting will be confirmed at the Regulatory Compliance Committee Meeting held on 15 June 2021.
...................................................
CHAIRPERSON
20 July 2021 |
5.1 District Services Monthly Business Report for May 2021
File Number: A3265651
Author: Dean Myburgh, General Manager - District Services
Authoriser: Dean Myburgh, General Manager - District Services
TAKE PŪRONGO / Purpose of the Report
To present a summary of District Services activity and information items.
WHAKARĀPOPOTO MATUA / Executive SummarY
This District Services Monthly Business Report provides a summary of progress and highlights for the month of May 2021.
That the Regulatory Compliance Committee receive the report District Services Monthly Business Report for May 2021.
|
tĀHUHU KŌRERO / Background
The District Services group provides many services for the benefit of our communities to make it a great place to work, live and visit. The group is made up of three departments:
• Community & Customer Services: This includes Customer Care – Service Centres and Contact Centre, Libraries and Museum, i-SITE Information Centres, Tenancy services for Housing for the Elderly and burial processing for Cemeteries.
• Building Services: This includes processing and inspecting Building Consents and Building Compliance related matters.
• Environmental Services: This includes Animal Management, Environmental Health (Food, Alcohol and Health licensing and monitoring), Compliance Monitoring (Legislation and Bylaw monitoring and enforcement) and Resource Consents processing.
MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps
The information is attached in the form of a report.
PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision
None
1. District Services Monthly Business Report - May 2021 - A3245471 ⇩
20 July 2021 |
5.2 Significant Flora and Fauna Assessment
File Number: A3267393
Author: Rochelle Deane, Manager - Environmental Services
Authoriser: Dean Myburgh, General Manager - District Services
TAKE PŪRONGO / Purpose of the Report
The purpose of this report is to provide information on how various consent decisions are made in relation to Significant Flora and Fauna in the Far North District, primarily when associated with sub-divisions.
WHAKARĀPOPOTO MATUA / Executive SummarY
Recent Significant Natural Area (SNA) mapping released by the councils Strategic Planning and Policy team has generated interest in conservation covenants, subdivision involving SNA’s, subdivisions and pet restrictions, kiwi mapping and its influence of resource consents and the District Plan (Operative and draft proposed version).
There are several considerations that need to be taken into account when processing land use and subdivision activity applications when making a decision on whether there may be an effect on the indigenous flora and fauna.
A consent and any conditions issued by the Resource Consents team needs to be consistent will all relevant documentation under the RMA, and this is reflected in the decisions that are issued.
That the Regulatory Compliance Committee receive the report Significant Flora and Fauna Assessment.
|
tĀHUHU KŌRERO / Background
The Resource Management Act 1991 (RMA) provides a mandate and requires Regional Authorities such as Northland Regional Council (NRC) to create a Regional Policy Statement (RPS) which identifies how sustainable management of the region is to be achieved, while Territorial Authorities such as Far North District Council (FNDC) are required to create plans identified as District Plans to carry out their functions under the RMA. The District Plan relates to the control and regulation of activities that have effects on the environment. The District plan must reflect the principles under the RPS. The current FNDC Operative District Plan was made operative and effective in 2009.
There are two types of consents that are considered under the District Plan for assessment, these being land use and subdivision activities. Land use consents are associated with the regulation of effects from an activity being carried out on a site, such as building a house. Subdivision consents are the process through which new property rights are created under the RMA. Both types of consents are subject to two chapters within the District Plan when making a decision on whether there may be an effect on the indigenous flora and fauna.
The consents process is a process that is subject to not only the District Plan but to the Regional Policy Statement, any National Policy Statement, any National Environmental Standard and lastly Part II of the RMA for sustainable management.
MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps
Resource Consents - Land use
Chapter 12.2 of the District Plan (see attachment A) – Indigenous Flora and Fauna, identifies several environments within the district that are significant on a local, regional and national scale. The territorial authority (FNDC) must protect and maintain indigenous biodiversity from declining due to various issues such as vegetation clearance, fragmentation and loss of fauna impacting the environments as identified under the RMA.
Objectives to protect, maintain and enhance our indigenous biodiversity were created, with policies to support the objectives and rules that assist in identifying the effects on the indigenous biodiversity that require consideration. Policies 12.2.4.10 and 12.2.4.11 along with Method of Implementation 12.2.5.7 provide for controls on the keeping of cats and dog in kiwi habitat areas.
Where an activity is proposed on a site, such as building a house, the activity may breach a rule within Chapter 12.2, in which case a resource consent is required for the breach. The resource consents team review the proposal and assess the activity to determine the level of effects associated with the activity. Where an effect is identified as being adverse, the effect/s are to be avoided, remedied or mitigated.
Conditions based on those effects are imposed on decisions where the activity is sustainably managed, in the case of indigenous flora and fauna these conditions may relate to the restriction of cats, dogs and other pest species, where they may adversely affect native fauna but predominately relate to the protection, preservation and/or enhancement of vegetation.
All consents are required to have an adverse effect identified for a condition to be imposed. A consent cannot have conditions imposed where there is no effect.
Cats and dogs are the two species most regularly discussed for restriction as Rule 12.2.6.4.1 – Pest Species prohibits any pest listed within the rule to be introduced, kept, farmed, or bred other than for the purposes of controlling or eradicating the species.
Resource Consents - Subdivision
Subdivision proposals are subject to Chapter 13 – Subdivision, within which Chapter 12.2 - Indigenous Flora and Fauna is referenced when a subdivision has significant vegetation or significant fauna on the site that is being considered for subdivision.
The continued preservation of the indigenous flora or fauna is required for the approval of a subdivision consent. This is achieved by protecting the vegetation on-site as well as in certain cases restricting cat and/or dogs on the site. Where cat and dog restrictions are imposed, they have been considered due to an effect a dog or cat could have on the significant fauna that would be found on that site or in proximity to the site.
For example, a proposal to create a new lot adjacent to a coastal reserve, which has been identified as a habitat where Dotterel are located on. Introduction of cats and dogs in proximity to the Dotterel would be considered adverse, therefore a restriction on cats may be imposed as they are one of the most known common predator species of the dotterel, while dog control conditions may be required to ensure dogs introduced to the area are kept away from the Dotterel, by way of physical barriers and limitation on the number of dogs kept on the site.
Significant Flora and Fauna Assessment for the current Operational District Plan
Kiwi Mapping
Kiwi mapping is carried out by the Department of Conservation (DOC), through the kiwi listening programme which began in 1996. Every year kiwi calls are monitored across the district and the data is collated by DOC into a map system identifying areas by kiwi abundance. The maps are reviewed every five years and updated if required, this process and further information on it can be found on the DOC website. See attachment B, Bay of Islands Kiwi Distribution Map.
The maps identify two types of density, these being kiwi high and kiwi present, areas not identified as either data deficient areas where either kiwi may not be present or there is insufficient information received through the monitoring programme to influence the mapping.
Kiwi high areas are areas where more than five calls per hours are heard, and these number must remain steady or increase over the five-year period to be mapped as kiwi high. Kiwi present areas are where an average of less than five calls per hour are heard. The maps are available through the DOC system and Council’s mapping system (Far north Maps) for review.
Significant Flora and Fauna Practice Note for the Operational District Plan
The Resource Consents team utilise the kiwi map along with other maps and tools such as the “mudfish layer”, Protected Natural Areas (identified by DOC ) overlay, land care group comments and ecological reports to assist in the assessment of consents and the conditions of consent decision. To ensure consistency within the department, a practice note was developed which gives guidelines on when conditions relating to cat and dogs should be applied for the purposes of protecting the Northland Brown Kiwi and other indigenous flora and fauna. Refer attachment C, FNDC Practice Note for Significant Indigenous Flora and Fauna.
Standardisation of a practice note has been discussed however the consent process is subject to change due to the policy direction as well as case law, and the individual matters of each consent assessed. The practice note is an internal document for guidance only, each application received by the team is assessed independently on a case by case basis. The practice note is there to ensure that staff are consistent in their methods and wording of conditions and is not utilised as a broad-brush mechanism to restrict cats and dogs within the district.
The current practice note does not refer to the National Policy Statement for Indigenous Biodiversity as it is currently only a draft with no statutory weight in the determination of a resource consent and its conditions.
Conservation Covenants
Conservation covenants are voluntarily offered by landowners for the purpose of protection of outstanding landscapes, cultural, heritage or ecological purposes. Ecological areas are protected under section 77 of the Reserves Act 1977 and are created between the landowner and Far North District Council. The covenant is registered on the landowner's Title in perpetuity.
The landowner is responsible for the management of the protected area as agreed upon within the covenant, assistance from an ecological expert is provided and rates relief/remission or postponement can be offered. Rates remission is in perpetuity, while rates postponement is for a minimum period of 10 years and where the agreement is discontinued the rates may be subject to repayment.
Conservation covenants will include conditions such as stock restrictions, indigenous vegetation clearance restrictions, exotic vegetation removal requirement and restriction of exotic animals such as ferrets, dogs and cats. It is important to note the pet restriction relates specifically to the covenanted area only.
Consent Notice Conditions
These are conditions imposed on subdivision consents where the requirements are ongoing such as the protection of bush areas or wetlands. They are generally imposed where the land being subdivided contains areas of significant indigenous habitat or vegetation. They are also utilised for imposing cat and dog restrictions in kiwi habitat areas and site development conditions. They are registered on the property title and are a form of covenant but are not eligible for rates relief.
PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision
This report has no financial implications or budgetary provisions
1. Attachment A 12-natural-and-physical-resources-full-chapter-for-oc - A3271638 ⇩
2. Attachment C FNDC Practice Note for Significant Indigenous Flora and Fauna (002) - A3271637 ⇩
3. Attachment B Kiwi Distribution Map - A3273338 ⇩
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 – 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 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 given consideration to their views or preferences (for example – youth, the aged and those with disabilities. |
FNDC Community Ministry for the Environment Department of Conservation
|
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. |
20 July 2021 |
File Number: A3263832
Author: Trent Blakeman, Manager - Building Services
Authoriser: Dean Myburgh, General Manager - District Services
TAKE PŪRONGO / Purpose of the Report
To provide the Regulatory Compliance Committee with an update on the current state of the Building Consents Authority’s (BCA’s) compliance with the statutory time frames relating to compliance with the Building (Accreditation of Building Consent Authorities) Regulations 2006 (the Regulations).
WHAKARĀPOPOTO MATUA / Executive SummarY
The BCA have wrapped up another Financial year with compliance rates on building consents achieving the CEO KPI’s of 95% or greater, 99.26% for the 2021 year.
On average, consents were issued in 12 days and were with Council for 32 calendar days. The BCA received 1869 consents, returned 240 and issued 1482. These numbers exceed the forecast numbers for the 2021 year. CCC compliance for the year was 98.87% with CCC’s on average issued in 5 days (CCC applications were with council for 19 calendar days).
The inspectorate completed 8669 inspection with a pass rate of 83%.
All in all, a successful year, given the high demand for building services and the on-going challenge to either attract and retain competent staff or train them to appropriate competency levels.
The BCA is currently working to ensure its readiness for the October assessment by IANZ. This is largely centred around ensuring that BAU tasks relating to accreditation are completed as part of daily routines rather than in response to pending assessments; this to achieve the ability to be audit ready on any day.
That the Regulatory Compliance Committee receive the report BCA Compliance Update.
|
tĀHUHU KŌRERO / Background
International Accreditation New Zealand (IANZ) has been appointed by the Ministry for Business, Innovation and Employment (MBIE) as the accreditation body that undertakes accreditation assessments against the requirements of the Building (Accreditation of Building Consent Authorities) Regulations 2006 (the Regulations). These requirements are further detailed in MBIE’s regulatory guidance for Building Consent Authorities (BCA), and Accredited Organisations (AO) accredited under the Regulations.
One of the metrics used to measure the performance of the BCA function is its ability to perform certain tasks within a statutory time frame (20 days). This is one of the few metrics that can be measured without the need for audit. The timeframes for processing of Building Consents (BCs) and issuing Code Compliance Certificates (CCC’s) are tracked using the Business Intelligence system (BI).
MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps
The BCA is currently focused on forecast workloads for the next 12 months and beyond. This is a requirement under the 2006 regulations. Based on economic forecasts, it is envisaged that consent application volumes will remain high with a high dependency on contractors. This will need to be carefully managed with contractors experiencing staff movements which also impacts BCA compliance. Any cooling in the economy (although not expected) will provide opportunities for further staff training and rebuilding the BCA’s capacity. This remains a challenge, together with staff retention. Alternative employment contractual arrangements with in-house staff will be explored to ensure the BCA is well placed for any changes in future operations.
PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision
There are no financial implications attached to this report
Nil
20 July 2021 |
5.4 Regulatory Compliance Committee Action Sheet Update July 2021
File Number: A3280040
Author: Marlema Baker, Meetings Administrator
Authoriser: Aisha Huriwai, Team Leader Democracy Services
Take Pūrongo / Purpose of the Report
To provide the Regulatory Compliance Committee with an overview of outstanding decisions from 1 January 2020.
WhakarĀpopoto matua / Executive Summary
· Council staff have reintroduced action sheets as a mechanism to communicate progress against decisions/resolutions and confirm when decisions have been implemented.
· The focus of this paper is on Regulatory Compliance Committee decisions.
· Action sheets are also in place for Council and Community Boards.
That the Regulatory Compliance Committee receive the report Action Sheet Update July 2021. |
1) TĀhuhu kŌrero / Background
The Democracy Services Team have been working on a solution to ensure that elected members can receive regular updates on progress against decisions made at meetings, in alignment with a Chief Executive Officer key performance indicator.
Action sheets have been designed as a way to close the loop and communicate with elected members on the decisions made by way of resolution at formal meetings.
Action sheets are not intended to be public information but will provide updates to elected members, who, when appropriate can report back to their communities and constituents.
2) matapaki me NgĀ KŌwhiringa / Discussion and Options
The outstanding tasks are multi-facet projects that take longer to fully complete.
The Democracy Services staff are working with staff to ensure that the project completion times are updated so that action sheets provided to members differentiate between work outstanding and work in progress.
Take Tūtohunga / Reason for the recommendation
To provide the Regulatory Compliance Committee with an overview of outstanding committee decisions from 1 January 2020.
3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision
There are no financial implications or need for budgetary provision in receiving this report.
1. RegC Outstanding Actions Report as at July 2021 - A3280036 ⇩