Agenda of Bay of Islands-Whangaroa Community Board Meeting

Bay of Islands-Whangaroa Community Board Meeting Agenda

5 August 2021

The Local Government Act 2002 states the role of a Community Board is to:

(a) Represent, and act as an advocate for, the interests of its community;

(b) Consider and report on all matters referred to it by the territorial authority, or any matter of interest or concern to the community board;

(d) Prepare an annual submission to the territorial authority for expenditure within the community;

(e) Communicate with community organisations and special interest groups within the community;

(f) Undertake any other responsibilities that are delegated to it by the territorial authority

Council Delegations to Community Boards - January 2013

The "civic amenities" referred to in these delegations include the following Council activities:

· Amenity lighting

· Cemeteries

· Drainage (does not include reticulated stormwater systems)

· Footpaths/cycle ways and walkways.

· Public toilets

· Reserves

· Halls

· Swimming pools

· Town litter

· Town beautification and maintenance

· Street furniture including public information signage.

· Street/public Art.

· Trees on Council land

· Off road public car parks.

· Lindvart Park – a Kaikohe-Hokianga Community Board civic amenity.

Exclusions: From time to time Council may consider some activities and assets as having district wide significance and these will remain the responsibility of Council. These currently include: The roading network, Hundertwasser toilets, District Library Network, Baysport, the Kerikeri, Kaikohe & Kaitaia Airports, Hokianga Vehicle Ferry, i-Site network, Far North Community Centre, Kerikeri Domain, Kawakawa Heated Swimming Pool, Kaikohe Cemetery, Kerikeri Sports Complex, The Centre at Kerikeri, the Bay of Islands/Hokianga Cycle Trail.

Set local priorities for minor capital works in accordance with existing strategies,

1. Recommend local service levels and asset development priorities for civic amenities as part of the Annual Plan and Long Term Plan processes.

2. Reallocate capital budgets within the Annual Plan of up to 5% for any specific civic amenity, provided that the overall activity budgetary targets are met.

3. Make grants from the allocated Community Funds in accordance with policy 3209, and the SPARC/Sport Northland Rural Travel fund in accordance with the criteria set by the respective body, and, for the Bay of Islands-Whangaroa Community Board, the power to allocate the Hundertwasser Donations Account.

4. Provide comment to council staff on resource consent applications having significance within the Community, including the provision of land for reserves or other public purposes.

5. To hold, or participate in hearings, as the Council considers appropriate, in relation to submissions pertinent to their community made to plans and strategies including the Long Term Plan and Annual Plan, and if appropriate recommend decisions to the Council.

6. To hold hearings of submissions received as a result of Special Consultative Procedures carried out in respect of any matter other than an Annual or Long Term Plan, and make recommendations to the Council.

7. Where recommended by staff to appoint management committees for local reserves, cemeteries, halls, and community centres.

8. To allocate names for previously unnamed local roads, reserves and other community facilities, and recommend to Council name changes of previously named roads, reserves, and community facilities subject to consultation with the community.

9. To consider the provisions of new and reviewed reserve management plans for recommendation to the Council in accordance with the Reserves Act 1977, and hear or participate in the hearing of submissions thereto, as considered appropriate by the Council.

10. To provide recommendations to the Council in respect of applications for the use and/or lease of reserves not contemplated by an existing reserve management plan.

11. Prohibit the use of skateboards in specified locations within their communities, in accordance with Council’s Skating Bylaw 1998.

12. Recommend new bylaws or amendments to existing bylaws.

13. Prepare and review management plans for local cemeteries within budget parameters and in a manner consistent with Council Policy.

14. Exercise the following powers in respect of the Council bylaws within their community:

a. Control of Use of Public Spaces – Dispensations on signs

b. Mobile Shops and Hawkers – Recommend places where mobile shops and/or hawkers should not be permitted.

c. Parking and Traffic Control – Recommend parking restrictions, and areas where complying camping vehicles may park, and consider and grant dispensations in accordance with clause 2007.2

d. Public Places Liquor Control – Recommend times and places where the possession or drinking of alcohol should be prohibited.

e. Speed Limits – Recommend places and speed limits which should be imposed.

15. To appoint Community Board members to speak on behalf of their community in respect of submissions or petitions.

16. Specific to the Bay of Islands-Whangaroa Community Board – consider any recommendations of the Paihia Heritage Working Group and make appropriate recommendations to Council on the development of a draft Plan Change and a Section 32 analysis on heritage provisions for Paihia.

17. To set schedule of meeting dates, times and venues, subject to the meetings not conflicting with meetings of the Council and satisfying the provisions of the Local Government Official information and Meetings Act 1987.

18. To review all proposed public art projects on a project-by project basis to ensure they comply with policy #5105 Art in Public Places, including approval of the aesthetic appearance, maintenance programme, insurance and appropriate location, and to agree to their installation.

19. In respect of applications from food establishments for permission to establish tables and chairs on a public place, i.e. Alfresco dining in accordance with Policy 3116, to consider and decide on any application which does not meet all criteria of the policy, and any application which staff recommend to be declined.

20. Subject to a report from the appropriate managers and the appropriate budgetary provision, to make decisions in respect of civic amenities including the levels of service, and the provision or removal of an amenity not provided for elsewhere in these delegations.

Terms of Reference

In fulfilling its role and giving effect to its delegations, Community Boards are expected to:

1. Comment on adverse performance to the Chief Executive in respect of service delivery.

2. Assist their communities in the development of structure plans, emergency management community response plans, and community development plans.

3. Assist their communities to set priorities for Pride of Place programmes.

4. Have special regard for the views of Māori.

5. Have special regard for the views of special interest groups, e.g. disabled, youth, aged, etc.

6. Actively participate in community consultation and advocacy and keep Council informed on local issues.

7. Seek and report to Council community feedback on current issues by:

a) Holding a Community forum prior to Board meetings

b) Varying the venues of Board meetings to enable access by members of the community

8. Monitor and make recommendations to Council to improve effectiveness of policy.

9. Appoint a member to receive Annual Plan\Long Term Council Community Plan submissions pertinent to the Board area, attend hearings within the Board area, and attend Council deliberations prior to the Plan adoption.

Protocols

In supporting Community Boards to fulfil their role, the Council will:

1. Provide appropriate management support for the Boards.

2. Organise and host regular workshops with the Community Boards l to assess the 'State of the Wards & District' to establish spending priorities.

3. Prior to decision-making, seek and include 'Community Board views' in Council reports in relation to:

a. the disposal and purchase of land

b. proposals to acquire or dispose of reserves

c. representation reviews

d. development of new maritime facilities

e. community development plans and structure plans

f. removal and protection of trees

g. local economic development initiatives

h. changes to the Resource Management Plan

4. Organise and host quarterly meetings between Boards, the CEO and senior management staff.

5. Prepare an induction/familiarisation process targeting new members in particular early in the term.

6. Support Board members to arrange meetings with local agencies and service clubs to place more emphasis on partnerships and raising profile of the Boards as community leaders.

7. Permit Board chairperson (or nominated member) speaking rights at Council meetings.

8. Help Boards to implement local community projects.

9. Arrange for Infrastructure and Asset Management Staff to meet with the Community Boards in September each year to agree the capital works for the forthcoming year for input into the Annual or Long Term Plan.

10. Provide information.

BAY OF ISLANDS-WHANGAROA COMMUNITY BOARD MEMBERS REGISTER OF INTERESTS

Name	Responsibility (i.e. Chairperson etc)	Declaration of Interests	Nature of Potential Interest	Member's Proposed Management Plan
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
Lane Ayr	Retired
	Home
	Residence in Kerikeri
Lane Ayr (Partner)	Riverview School
	Home
	Residence in Kerikeri
Bruce Mills	Galloquine Trust / Galloquine Limited	Director
Bruce Mills	Whangaroa Community Trust	Trustee
Manuwai Wells	No form received
Frank Owen	Retired		.	Step aside from decisions that arise, that may have conflicts
Frank Owen	House Property in Kerikeri			Step aside from decisions that arise, that may have conflicts
Frank Owen (Partner)	House Property in Kerikeri
Manuela Gmuer Hornell	Bay of Islands Sailing week Incorporated	Chair	Funding for events	Step aside from decisions that arise, that may have conflicts
	Te Au Mārie 1769 Sestercentennial Trust	Trustee		Step aside from decisions that arise, that may have conflicts
	Chris Hornell and Manuela Gmuer-Hornell Partnership	Partner		Step aside from decisions that arise, that may have conflicts
	Hornell-Gmuer Trust	Trustee and Beneficiary		Step aside from decisions that arise, that may have conflicts
	Russell Contracting Limited	Family Business		Step aside from decisions that arise, that may have conflicts
	Russell Volunteer Fire Brigade	Secretary		Step aside from decisions that arise, that may have conflicts
Dave Hookway-Kopa	Manu Hapori Hauora – Community Wellbeing Advisor Northland DHB	Employee	Possibility of joint working groups with FNDC	Consider each situation on merit and declare any potential conflict
Dave Hookway-Kopa	Property on Waipapa West Road	Property owner	Issues to do with the street	Declare as appropriate
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

Bay of Islands-Whangaroa Community Board Meeting Agenda

5 August 2021

6 Confirmation of Previous Minutes

6.1 Confirmation of Previous Minutes

File Number: A3295304

Author: Casey Gannon, Meetings Administrator

Authoriser: Aisha Huriwai, Team Leader Democracy Services

Te Take Pūrongo / Purpose of the Report

The minutes are attached to allow the Bay of Islands-Whangaroa Community Board to confirm that the minutes are a true and correct record of the previous meeting.

ngĀ tŪtohunga / Recommendation

That the Bay of Islands-Whangaroa Community Board confirm the minutes of the Bay of Islands-Whangaroa Community Board meeting held 8 July 2021 are a true and correct record.

1) te TĀhuhu kŌrero / Background

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

2) Te matapaki me NgĀ KŌwhiringa / Discussion and Options

The minutes of the meeting are attached.

The Bay of Islands-Whangaroa Community Board Standing Orders Section 27.3 states that “no discussion may arise on the substance of the minutes at 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 as 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.

ngĀ Āpitihanga / Attachments

1. 2021-07-08 Bay of Islands-Whangaroa Community Board Minutes [A3278191] - A3278191 ⇩

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 a true and correct record, any interest that affect other people should be considered as art of the individuals report.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications requiring input from the Chief Financial Officer.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Bay of Islands-Whangaroa Community Board Meeting Agenda

5 August 2021

MINUTES OF
Bay of Islands-Whangaroa Community Board Meeting
HELD AT THE Baysport Complex, Harmony Lane, Waipapa
ON Thursday, 8 July 2021 AT 10.00 am

PRESENT: Chairperson Belinda Ward, Member Lane Ayr, Member Manuela Gmuer-Hornell, Member Bruce Mills, Member Frank Owen, Member Manuwai Wells, Member Rachel Smith

1 Karakia Timatanga – Opening Prayer

Manuwai Wells opened the meeting with a karakia.

2 NGā WHAKAPāHA ME NGā PāNGA MEMA / Apologies and conflicts of Interest

Apology

Resolution 2021/50

Moved: Chairperson Belinda Ward

Seconded: Member Manuela Gmuer-Hornelll

That the apology received from Dave Hookway-Kopa be accepted and leave of absence granted, and apology for lateness from Rachel Smith be accepted.

Carried

note: Apologies from David Clendon received.

3 Public Forum

- Jon Phelong, Waka Kotahi spoke in regard to Northland Speed Reviews and Safety Updates on Roundabouts

- Steve Castle spoke in regard to Whangaroa Village – Whangaroa Footpath

- William Fuller spoke in regard to Shared pathway Russell to Okiato

Member Rachel Smith arrived at 11:07 am.

- Yvonne Sharp and Wade Rowsell spoke in regard to Opito Bay playground

- Paul Condron and Jackie Edwards-Bruce spoke on behalf of Healthy Families Far North in regard to a community garden in Kaeo behind the library.

4 Ngā Tono KŌrero / Deputations

Nil

5 Speakers

- Jo David from Northern Community Family Service spoke in regard to Item 7.4 Funding Applications.

- Kerry Gelmi from Towai Market spoke in regard to Item 7.4 Funding Applications.

6 reports

6.1 Funding Applications

Recommendation

Moved: Member Manuwai Wells

Seconded: Member Lane Ayr

That the Bay of Islands-Whangaroa Community Board approves the sum of $875 (plus GST if applicable) be paid from the Board’s Community Fund account to Towai Community Market for costs towards gazebo for shelter and community use to support the following Community Outcomes:

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

ii) Proud, vibrant communities

Amendment

Moved: Member Manuela Gmuer-Hornell

Seconded: Member Manuwai Wells

That the Bay of Islands-Whangaroa Community Board approves the sum of $2,750 (plus GST if applicable) be paid from the Board’s Community Fund account to Towai Community Market for costs towards gazebo for shelter and community use to support the following Community Outcomes:

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

ii) Proud, vibrant communities

CARRIED

The amendment became the substantive motion.

RESOLUTION 2021/51

Moved: Member Manuela Gmuer-Hornell

Seconded: Member Manuwai Wells

That the Bay of Islands-Whangaroa Community Board approves the sum of $2,750 (plus GST if applicable) be paid from the Board’s Community Fund account to Towai Community Market for costs towards gazebo for shelter and community use to support the following Community Outcomes:

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

ii) Proud, vibrant communities

CARRIED

Abstained: Member Rachel Smith

The meeting adjourned from 11:57 am to12:29 am.

7 Confirmation of Previous Minutes

7.1 Confirmation of Previous Minutes

Agenda item 6.1 document number A3264764, pages 10 - 22 refers.

Resolution 2021/52

Moved: Chairperson Belinda Ward

Seconded: Member Manuela Gmuer-Hornell

That the Bay of Islands-Whangaroa Community Board confirm the minutes of the Bay of Islands-Whangaroa Community Board meeting held 3 June 2021 are a true and correct record.

Carried

Abstained: Member Rachel Smith

8 Reports continued

8.1 Chairperson and Members Report

Agenda item 7.1 document number A3253284, pages 23 - 34 refers.

ReSOLUTION 2021/53

Moved: Member Manuela Gmuer-Hornell

Seconded: Member Bruce Mills

That the Bay of Islands-Whangaroa Community Board note the reports from Chairperson Belinda Ward, Deputy Chairperson Frank Owen, Member Manuela Gmuer-Hornell, and Member Bruce Mills.

carried

Abstained: Member Rachel Smith

8.2 Rubbish Collection Point at the Corner Paihia and Waikare Roads

Agenda item 7.2 document number A3248626, pages 35 - 70 refers.

Resolution 2021/54

Moved: Member Manuela Gmuer-Hornell

Seconded: Member Lane Ayr

That the Bay of Islands - Whangaroa Community Board makes a recommendation to the Infrastructure Committee that:

(a) The approved collection point at the intersection of Waikare Road and State Highway 11, Kawakawa is closed.

(b) That future decisions concerning collection points are delegated to operational staff in consultation with the appropriate community board.

Carried

Abstained: Member Rachel Smith

8.3 Statement of Community Board Fund Account as at 31 May 2021

Agenda item 7.3 document number A3255167, pages 71 - 75 refers.

Resolution 2021/55

Moved: Member Manuwai Wells

Seconded: Member Manuela Gmuer-Hornell

That the Bay of Islands-Whangaroa Community Board receives the report entitled “Statement of the Bay of Islands-Whangaroa Community Board Community Fund account as at 31 May 2021”.

Carried

Abstained: Member Rachel Smith

8.4 Funding Applications

Agenda item 7.4 document number A3247098, pages 76 - 93 refers.

Resolution 2021/56

Moved: Member Manuwai Wells

Seconded: Member Lane Ayr

That the Bay of Islands-Whangaroa Community Board approves the sum of $5325 (plus GST if applicable) be paid from the Board’s Community Fund account to Northern Community Family Services for costs towards budget advice and advocacy services to support the following Community Outcomes:

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

ii) Proud, vibrant communities

Carried

Abstained: Member Rachel Smith

8.5 Project Funding Reports

Agenda item 7.5 document number A3256262, pages 94 - 96 refers.

Resolution 2021/57

Moved: Chairperson Belinda Ward

Seconded: Member Bruce Mills

That the Bay of Islands-Whangaroa Community Board note the project reports received from:

a) Baysports

b) Business Paihia Inc

c) Guardians of the Bay Inc

d) Kerikeri Sports Complex

e) Life Education Trust

f) Volunteering Northland

g) Waka Atea

Carried

Abstained: Member Rachel Smith

Maitenance and Capital Works and Input where the Renewals Budget is spent

Resolution 2021/58

Moved: Member Manuela Gmuer-Hornell

Seconded: Chairperson Belinda Ward

That the Bay of Islands-Whangaroa Community Board request quarterly updates on upcoming programme of works and renewals for footpaths.

Carried

Abstained: Member Rachel Smith

8 KARAKIA WHAKAMUTUNGA – CLOSING PRAYER

Member Manuwai Wells closed the meeting with a karakia.

9 tE kAPINGA hUI / Meeting Close

The meeting closed at 2:30 pm.

The minutes of this meeting will be confirmed at the Bay of Islands-Whangaroa Community Board meeting held on 5 August 2021.

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

CHAIRPERSON

Bay of Islands-Whangaroa Community Board Meeting Agenda

5 August 2021

COMMUNITY BOARD MEMBER’S REPORT

Report to Community Board: Bay of Islands-Whangaroa Community Board

Member Name: Belinda Ward

Subdivision: Paihia

Date: 22nd June 2021 - 21st July 2021

REPORT

1) Meetings

Date:

23/06/21 Representation Arrangements Workshop - Kaikohe

24/06/21 FNDC Meeting & LTP Adoption - Kaikohe

25/06/21 Attended Maromaku Courts Domain Opening.

28/06/21 Paihia War Memorial Hall Committee Meeting - PWMH

29/06/21 BOI-W CB Agenda Preview - Virtual

29/06/21 Community Board Working Group Meeting - Virtual

30/06/21 Customer Experience Programme Update - Kaikohe

30/06/21 Mid-term Governance Review Workshop - Kaikohe

07/07/21 Paihia Waterfront Development Meeting - Waitangi Marae

08/07/21 BOI-W CB meeting - Baysport Waipapa

14/07/21 Met with CB Chairs - Pioneer Village Kaikohe

14/07/21 FNHL quarterly update with CB Chairs - Mint Kaikohe

20/07/21 Strategy & Policy Committee Meeting - Kaikohe

20/07/21 Regulatory & Compliance Committee Meeting - Kaikohe

2) Issues

22/06/21 Met with artist Nina Wong to discuss a proposed toilet mural for Tii Beach

toilet block. A group of 3 local artists are interested in sharing their skills to deliver

environmental messages.

01/07/21 Thank you to Deputy Chair Frank Owen for attending this Council Meeting

in my absence. It is important that the CB is represented when invited to the table.

Deputy Chair also attended LGNZ Zone 1 LG reform workshop in Tikipunga 05/07/21

Received an offer from council for the replacement of 3 windows on the

northern side of the Paihia War Memorial Hall. Council is requesting a substantial

contribution from the Hall committee. The Hall committee have since met & agreed

not to accept councils offer as they are responsible for maintaining the exterior under

the Hall Policy. Discussions are on-going. Further to the last hall committee

meeting, I have been instructed to submit to the AP (as suggested by council staff) to

bring the item forward in the LTP for the window replacements.

20/07/21 The first of the Rates accounts were received in Kerikeri today & there are

already very disgruntled residents!! So far the highest increase reported is 66.7%!!!

3) Resources Consents

NIL

4) Requests for Service

05/07/21 4068284 Paihia War Memorial Hall spouting leaking & has no fall. A

very poor installation job.

18/12/19 3975787 Bledisloe Domain Lighting - Renewel works programmed for this financial year end June 2020. Maybe stalled due to Waitangi Estate Future Plan underway. $ for lights not carried over to this years budget?

I will follow up.

RFS:4059162 Slippery tiled foyer at Williams Road carpark toilets. Two incidents reported & site meeting requested. No response to date.

All residents advised how to lodge RFS's themselves.

RFS's are either work in progress or outstanding.

RFS: 3795613 18/04/18 Follow up on flooding issues in front apron of Paihia War Memorial Hall. Closed but not resolved - I will follow up.

01/10/15 3717930 Pedestrian safety issues & parking in front of Heritage Boutique Hotel (The Waterfront) Marsden Road Paihia - Pending NZTA response. Closed but not resolved - I will follow up.

Bay of Islands-Whangaroa Community Board Meeting Agenda

5 August 2021

COMMUNITY BOARD MEMBER'S REPORT

Report to: Bay of Islands-Whangaroa Community Board

Member Name: Manuela Gmuer-Hornell

Subdivision: Opua – Russell

Date: 19 July 2021

Meetings

Date

Meeting

25/06/2021

08/07/2021

19/07/2021

Go Green Awards - Russell

Community Board Meeting - Waipapa

Russell Town Hall Committee Meeting – Russell

Issues/Feedback

Our Community Board needs to make sure that management doesn't forward difficult decisions to the Community Boards without consulting or informing us in an appropriate timeframe. The no-surprises policy has to be both ways!

Recently, some Wattle Trees got removed in Russell; I have initially requested this work to be undertaken via RFS – the request was turned down as there was no budget. A couple of months later, these trees were removed without any consultation or communication. The lack of consultation is insulting to the Community Board.

During our May Community Board Meeting, some questionable behaviour from FNDC and FNHL came to light concerning Opua School (and with this, the Opua Community) - The Opua School footpath extension (budgeted at $3000) has been on top of the list for our ward for a while. As per FNDC, this work will be carried out by FNHL as part of their resource consent conditions; FNDC only added this condition recently; the footpath was scheduled before FNDC granted the resource consent.

A senior staff member told the Community Board that the school's behaviour is difficult; hence FNHL can't carry out the footpath work.

I represent the Opua Community at the Far North District Council, and I have been involved with these issues for many years.

-The school is asking FNHL for its previous promises to be kept (i.e. a playground) when the community went along with the second stage of the Bay of Islands Marina Development.

-The school refuses to sign FNHL pre-written permission to agree to the controversial developments on the hill (now occupied by hapu and iwi).

-The school wants FNHL and FNDC to ensure safety to the entry of the school gates.

FNHL have tried questionable tactics, and the Mayor has been in attendance to "mediate" at a couple of meetings. No progress has been made. The footpath should have NOTHING to do with FNHL and their battle with the school and the wider community.

Yet another episode where FNHL is pushing a community out of their town. And yet another episode where FNDC is interfering with FNHL business to get a deal over the line.

How can this be solved in a timely (within the next two months) and respectful manner?

Unfortunately, the rubbish bin issue for Russell is still not solved, nor has FNDC made any effort to come up with solutions – the community, on the other hand, has proposed several solutions to FNDC. I have been informed that FNDC has applied for funds from MBIE to supply smart bins for Russell and Paihia. I've since learnt that these "smart bins" are not working well in Kaitaia; maybe we need to look at a different solution.

This is what the FNDC customers – the ratepayers – are after, prompt replies and action to everyday needs. FNDC's average customers – the ratepayers – is not overly interested in how quick the turnaround is for building and resource consents. The average customer – the ratepayers – want their basic needs looked after, rubbish, water, sewage and roads. Time to look at the customers' – the ratepayers – view (not the property developers from out of our region)!

Roading Issues seem to get the cone treatment and justified as a "fix" – this is totally unacceptable and dangerous as well as very unsightly – we have several of these around my subdivision, and we get zero replies on follow-ups.

Issues with our small-town water supply in Russell, and yet again, staff need time to go through the historic agreements. This is a working system, and FNDC has no idea how and who is drawing water from a council-owned bore? This issue has been raised in October 2021.

Time to pull your socks up, FNDC, and face the hard facts! You are letting communities down with their very basic needs of a sound sewage system and freshwater. FNDC needs to stop being risk-averse and start fixing aging assets, AND maybe it would help allocate funds to EVERY town in your district to keep up with the maintenance. An 80-year plan won't resolve our needs today.

The Russell Rubbish Tip Contract was on a Council Meeting Agenda just last month. I was pleasantly surprised to receive phone calls from two Councillors (Smith & Vujcich) to understand how the community sees the future of this facility. All kudos to Rachel & John for reaching out and understanding how the locals feel and think.

Resource Consents

NIL received

Requests for Service/Information

22/04/2019	RFS-3975374	Oasis Car Park
01/12/2019	RFS-3988901	Russell's Rubbish Woes
09/12/2019	RFS-3996575	Petition Okiato Boundary for paper road
11/02/2020	RFS 4001004	Mark Car Parks outside of Tennis Club
21/02/2020	RFS-3997123	Footpath Damage York St
20/05/2020	RFS-4005808	would you please mark the diesel tank intake at Russell Wharf
17/06/2020	RFS-4010977	Sign and barrier smashed by a car
17/06/2020	RFS-4011525	collapsed drains etc
10/07/2020	RFS-4014411	two small slips - been semi tidied and cone placed
24/08/2020	RFS-4021868	erosion by Matauwhi Bay (tree)
10/09/2020	RFS-4025200	Arcadia Lodge Lemon Track erroding
21/09/2020	RFS-4026086	Russell Sewage Plant Issues
05/10/2020	RFS-4028183	Russell Museum Sister City
06/10/2020	RFS-4028271	russell township maintance
19/10/2020	RFS-4029293	tree to be removed Wellington St
27/10/2020	RFS-4031104	Water Mains Breach Russell
19/11/2020	RFS-4034886	Fire Hydrant Marking RSA Russell
06/01/2021	RFS-4046814	eroded track to Opua Beach
22/03/2021	RFS-4052859	Duffus Estate Land breach driveway
02/06/2021	RFS-4063234	Russell Hall - birds nesting inside
02/06/2021	RFS-4063241	Washout Long Beach (far end)
02/06/2021	RFS-4063258	Boat Ramp Russell – grass area, dug up by a truck

In progress

· Opua Resource Consent non-notified for development Franklin St/Kellet St – petition tabled at CB Meeting 3/2/2020 – this has now gone to a full (over 100 attendees) community meeting 8/3/2020 – and we have just been told FNHL has sold the land to a private developer. The land is now occupied by hapu and locals. This is a community being pushed out of their town.

· Carpark for Oasis Community Centre – this has been ongoing since 2018

· Lack of rubbish collection point and recycling collection during peak season around Russell Wharf (owned by FNHL) and this is still NOT solved

· Footpath Kellet Street – Opua School – been approved but not carried out – after been promised to be finished by September, it is now "scheduled" for January 2021 and as per this report, this is now FNHL project – I am opposing this decision.

· Petition Okiato Boundary for paper road RFS-3996575 – tabled at CB meeting 9/12.19 – the cost to be carried by petitioners. Motion passed in November 2020 CB meeting

· Include re-doing the FNHL terms of reference/objective in their comments about what the next annual plan and long term plan should cover. – tabled at CB Meeting 3/2/2020

· Walls Bay, Opua – to be occupied by local hapu

· Speed Limit Review

· Maintenance in Russell Township to be outsourced to a local community group

· Mark boundaries at the "Walls Bay" Opua reserve clearly with bollards

· Contractor Work (to remove a dead tree) in the middle of Russell, starting at 6.40 am!

Bay of Islands-Whangaroa Community Board Meeting Agenda

5 August 2021

7.2 Alfresco Dining Application - Duke of Marlborough Limited

File Number: A3281464

Author: Rochelle Deane, Manager - Environmental Services

Authoriser: Dean Myburgh, General Manager - District Services

Take Pūrongo / Purpose of the Report

To seek approval from the Bay of Islands-Whangaroa Community Board to approve the alfresco dining application submitted by Duke of Marlborough Limited (the DOM). In addition, the report seeks approval for a decision from the Bay of Islands-Whangaroa Community Board regarding a request by the DOM to relocate three public seats located on public space located on ‘The Strand’, Russell.

WhakarĀpopoto matua / Executive Summary

Council has received an alfresco dining approval application from the DOM to occupy public space on The Strand in Russell. Step 4 of the Implementation Process of Council’s Alfresco Dining Policy requires the application to be approved by the relevant Community Board.

tŪtohunga / Recommendation

That the Bay of Islands-Whangaroa Community Board:

a) approve the Alfresco Dining Application from the Duke of Marlborough Limited; and,

b) approve the relocation request for 3 public seats to be relocated to an agreed area by Infrastructure and Asset Management staff, with all associated costs covered by the applicant.

1) TĀhuhu kŌrero / Background

The objective of Council’s Alfresco Dining Policy (#3116) is to enable the private use of public space for outdoor dining. A copy of Council’s Alfresco Dining Policy is included in the attachments of this report. (Attachment A)

All applications to use public space for outdoor dining must be lodged in writing to Council. Conditions apply to alfresco dining to ensure Council’s policy position in respect of alfresco dining is met. Alfresco dining approvals renew on 1 July each year.

Item 4 of the implementation process of the 3116 policy provides that where an application does not meet all criteria, the application should be referred to the relevant Community Board for approval. This application does not meet condition 10 of the policy. The DOM alfresco dining area application has within it Council seating in the form of 3 park benches.

This report provides to the Community Board all information pertaining to the alfresco dining application submitted by the DOM, to enable it to make a decision.

The DOM is located along The Strand in Russell. The DOM has held alfresco dining approval to occupy public space along The Strand since 2010. The DOM alfresco dining approval expired on 30 June 2021. (Attachment B). The DOM applied for renewal of their alfresco dining approval on 5 July 2021. (Attachment C). The DOM would like to occupy an area of 44m x 3m of public space along The Strand for the purpose of alfresco dining.

There have been no known issues in regard to the DOM occupying public space for the purpose of alfresco dining to date.

Condition 10 of the Alfresco Dining Policy states: “No tables, chairs, or displays are permitted where the proposed area is adjacent to a bus-stop, taxi stand, pedestrian crossing, Council seating, or rubbish bins.” The DOM has indicated that it would be prepared to relocate the public seating located within the alfresco dining area at its own expense. Council’s District Facilities team are not supportive of this request as these public amenities are for the use of the public. However, it is understandable that Council seating may pose some challenges for the DOM to be able to monitor and control the alfresco dining area if there is public seating within the alfresco dining area.

Mitigating factors (proposed by relevant Council staff) might include reducing the alfresco footprint applied for from 44m x 3m to 37m x 3m. This would reduce occupation and management of public space to that space directly in front of the Duke restaurant and bar only. Refer to the map appended to the application for reference.

Additional information

A separate but related matter is that, at present, the DOM alcohol licensed area does not include the alfresco dining area located on public space across the road from its premises. A variation to the alcohol licenced area, to include the alfresco dining area is being considered by the District Licencing Committee (DLC). The DLC has requested that the matter of the alfresco licence application be first considered and decided by the Community Board in accordance with policy 3116. The DLC would then be able to consider the alcohol licence variation application.

For transparency, information regarding the variation to the alcohol licensed area application is also provided and is outlined as follows:

Council’s Alfresco Dining Policy condition 17 states: “No alcohol is to be served, supplied, or brought to the tables and chairs until the appropriate Liquor Licence includes the Alfresco Dining area, permitting such activities”. On 6^th May 2021, the DOM applied for a variation to their alcohol licence. As The Strand is a legal road, the Northland Transport Alliance (NTA) were consulted regarding the application. Subsequently, NTA raised an objection (19 May 2021). The concerns of the NTA were that the alcohol variation application did not meet sections 105(1)(c) and 105(1)(h) of the Sale & Supply of Alcohol Act 2012.

Section 105(1)(c) outlines that the licensing authority must have regard to any relevant local alcohol policy. The FNDC does not have a local alcohol policy, nor is it required to have one.

However, Council does have in place an Alcohol Control Bylaw 2018, adopted by Council on 13^th December 2018 and commenced 19^th December 2018. (Attachment D). The consumption of alcohol is prohibited along The Strand, however the bylaw states that Alcohol control areas do not apply to licensed premises, which can include situations where a special license has been issued for a specific event. Licensed premises can include areas of public places such as footpaths.

In regard to the NTA objection under section 105(1)(h), this section provides that regard must be had to whether the good order and amenity of the area would be affected by the issuance of an alcohol licence. The operator has been occupying the public space since 2010 and held Council approval as per approval reference ALF-49. A copy of the Council alfresco approval (which expired 30 June 2021) is included in the attachments to this report.

The NTA also raised concerns about public safety as The Strand is a legal road. The objection from the NTA was later withdrawn on 3 June 2021.

The alcohol variation application was considered by the DLC on 24^th June 2021, the DLC issued a minute on 27^th June 2021 with the expectation that the alfresco dining approval application is first considered by the Community Board. (Attachment E). The DLC also expressed their concern around NTA’s concerns regarding public safety along The Strand in Russell and that there are public amenities situated within the alfresco dining area previously occupied by the DOM. The decision on the alcohol licence application will be resumed once the Community Board has made its decision regarding the alfresco dining licence application.

Relevant updates

Amendment to the 3116 policy and the relevant governing bylaw is under review. The proposed amendments, if approved, will make like applications compliant with item 10 of the 3116 policy.

Council’s Environmental Services department have enhanced its due diligence around alfresco dining applications to ensure affected and interested parties are consulted where relevant; for example, in this case, the NTA and relevant Community Board.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Alfresco dining licence application

Staff recommendation is OPTION 2.

OPTION 1

Approve the alfresco dining application submitted by the DOM without changes – as per alfresco dining approval application lodged 5^th July 2021

The Community Board considers the alfresco dining approval application from the DOM and approves the application without any changes and with the following conditions:

· Occupy public space for the purpose of alfresco dining on an area of 44m x 3m

· The maximum area in which the extended operation can take place must not exceed the premises front boundary points and must leave a minimum of 1.5 metres clear access for pedestrian traffic

· Maintain both pedestrian and vehicular traffic flow in a sensible and safe manner

· If you are serving alcohol in the alfresco dining area for which this approval pertains to, you cannot serve alcohol in the designated area unless your alcohol licence includes the designated area. The Alfresco dining approval does not override your responsibilities under the Sale & Supply of Alcohol Act 2012

· The designated area and facilities provided must be cleaned and maintained to a standard acceptable to Council

· Trading is limited to the area designated; the Licensee is required to remove all items used for alfresco dining by 10pm each day

· Approval is not transferrable, if there is a change in ownership the new owner must apply for approval

· The Licensee for which this approval is granted must abide by the direction of authorized Council Officers

· Council can revoke the approval if any conditions are not being met or any problem cannot be resolved

· The Council accepts no responsibility for any damage or physical injury caused by the Licensees operation

· Public liability Insurance of $500,000 must be carried by the Licensee

· The Licensee ensures they meet their “Person conducting a Business or Undertaking (PCBU)” and H&S requirements, with particular consideration to safety of their staff and their customers within the public space

· Owners must comply with their resource consents and other licences (e.g. alcohol licence) and seek at their own expense any additional approvals regarding the extension of their premises. Any approval granted by Council to use public space in accordance with this Alfresco dining policy will not automatically imply compliance with any other regulatory issue.

OPTION 2

Approve the alfresco dining application submitted by the DOM with changes – as per alfresco dining approval application lodged 5^th July 2021

The Community Board considers the alfresco dining approval application from the DOM and approves the application with the following changes/conditions:

· Occupy public space for the purpose of alfresco dining on an area of 37m x 3m