12 August 2021 |
MINUTES
OF Far North District Council
Ordinary Council
Meeting
HELD AT THE Council
Chamber, Memorial Avenue, Kaikohe
ON Thursday, 12 August
2021 AT 10.00
am
PRESENT: Mayor John Carter (HWTM), Deputy Mayor Cr Ann Court, Cr David Clendon, Cr Dave Collard, Cr Felicity Foy, Cr Mate Radich, Cr Rachel Smith, Cr Kelly Stratford, Cr Moko Tepania, Cr John Vujcich
IN ATTENDANCE: Emma Davis (Kaikohe-Hokianga Community Board Deputy Chair), Adele Gardner (Te Hiku Community Board Chairperson), Belinda Ward (Bay of Islands-Whangaroa Community Board), Frank Owen (Bay of Islands-Whangaroa Community Board Deputy Chair)
STAFF PRESENT: Shaun Clarke (Chief Executive Officer), William J Taylor, MBE (General Manager Corporate Services), Dean Myburgh (General Manager District Services), Andy Finch (General Manager Infrastructure and Asset Management), Darren Edwards (General Manager Strategic Planning and Policy)
1 Karakia Timatanga – Opening Prayer
His Worship the Mayor declared the meeting open and Councillor Dave Collard commenced the meeting with a prayer.
2 Ngā Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest
No apologies or declarations of interest.
· Kerry Shanta – Footpath from Ahipara to Kaitaia – document number A13368132 refers.
· Dennis Corbett – Brownlie Project – document number A13368134 refers.
4 Ngā Kōrero A te Koromatua / Mayoral Announcements
Bravery Awards Ceremony
· Kohukohu Masonic Hotel – Kohukohu Volunteer Fire Fighters Neil Mathieson, Lindsey Davidson and Eva Walker, and local residents Shannon and Malcolm Tindall, Brian Crooks and Sean Butler.
· Pawarenga Floods – Macca Proctor.
Deputy Mayor Ann Court left the meeting at 10:55 am.
6 Confirmation of Previous Minutes
6.1 Confirmation of Previous Minutes Agenda item 6.1 document number A3052380, pages 14 - 34 refers |
Resolution 2021/59 Moved: Mayor John Carter Seconded: Cr John Vujcich That Council confirm the minutes of the Council meetings held 24 June 2021 and 1 July 2021 are a true and correct record. |
7.1 Councillor Mate Radich - Formal Removal from Infrastructure Committee Agenda item 7.1 document number A3308147, pages 35 - 37 refers |
Resolution 2021/60 Moved: Mayor John Carter Seconded: Cr Felicity Foy That Council update the Infrastructure Committee Terms of Reference to remove Councillor Mate Radich from the Infrastructure Committee. |
7.2 2021 Meeting Schedule Amendment Agenda item 7.2 document number A3305256, pages 38 - 41 refers |
Resolution 2021/61 Moved: Mayor John Carter Seconded: Cr John Vujcich That Council adopt the amended 2021 calendar as attached. |
7.3 2021 Representation Arrangements Review Agenda item 7.3 document number A3240077, pages 42 - 54 refers |
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Resolution 2021/62 Moved: Mayor John Carter Seconded: Cr Moko Tepania That the Far North District Council, in accordance with sections 19H and 19J and clauses 1 and 2 of Schedule 1A of the Local Electoral Act 2001, adopts the following as its initial proposal for public consultation the review of representation arrangements for at least the 2022 triennial local elections: a) The Far North District Council to comprise the Mayor elected at large and 10 councillors elected under the ward system, specifically 6 general ward councillors and 4 Māori ward councillors.
b) The Far North District Council be divided into 4 wards, these being: i) Kaikohe-Hokianga General Ward (represented by 1 general ward councillor), comprising the area in the proposed Kaikohe-Hokianga General Ward map as shown on Attachment 1. ii) Te Hiku General Ward (represented by 2 general ward councillors), comprising the area in the proposed Te Hiku General Ward map as shown on Attachment 2. iii) Te Pēwhairangi-Whangaroa General Ward (represented by 3 general ward councillors), comprising the area in the proposed Te Pēwhairangi-Whangaroa General Ward map as shown on Attachment 3. iv) Ngā Tai o Tokerau Māori Ward (represented by 4 Māori ward councillors), comprising the whole of the district in the proposed Māori Ward map as shown on Attachment 4. c) The Bay of Islands-Whangaroa name be proposed as Te Pēwhairangi-Whangaroa being the Māori name for Bay of Islands–Whangaroa. d) The Māori ward be named Ngā Tai o Tokerau. e) The above general wards are the current ward areas with the exception of the Kaikohe-Hokianga and the Te Pēwhairangi-Whangaroa ward boundaries to be altered as follows: · Meshblock 0037202 be added to the Te Pēwhairangi-Whangaroa General Ward from the Kaikohe-Hokianga General Ward. · Meshblock 0036401 be added to the Te Pēwhairangi-Whangaroa General Ward from the Kaikohe-Hokianga General Ward. · Meshblocks 0034600, 0034800 be added to the Te Pēwhairangi-Whangaroa General Ward from the Kaikohe-Hokianga General Ward. f) The number of Māori ward councillors complies with Schedule 1A of the Local Electoral Act 2001, g) The Far North District Council be divided into 3 subdivided communities, these being: (i) Kaikohe-Hokianga Community subdivided into: 1) Kaikohe Subdivision comprising the area in the proposed Kaikohe Subdivision map as shown on Attachment 5. 2) North Hokianga Subdivision comprising the area in the proposed North Hokianga Subdivision map as shown on Attachment 6. 3) South Hokianga Subdivision comprising the area in the proposed South Hokianga Subdivision map as shown on Attachment 7, being the existing community board and subdivision areas with the exception of the Kaikohe-Hokianga Community Board subdivision boundaries to be altered as follows: a. Meshblocks 0032600, 0033200, 0033100, 0032700, 0033000 be added to the Kaikohe Subdivision from the South Hokianga Subdivision b. Meshblocks 0039200, 0039500, 0040501, 0040502, 0040601 and 0040602 to be added to the South Hokianga from the Kaikohe Subdivision
(ii) Te Hiku Community subdivided into: 1) Doubtless Bay Subdivision comprising the area in the proposed Doubtless Bay Subdivision map as shown on Attachment 8. 2) Kaitāia Subdivision comprising the area in the proposed Kaitāia Subdivision map as shown on Attachment 9. 3) North Cape Subdivision comprising the area in the proposed North Cape Subdivision map as shown on Attachment 10. 4) Whatuwhiwhi Subdivision comprising the area in the proposed Whatuwhiwhi Subdivision map as shown on Attachment 11.
being the current community board and subdivision areas with the exception of the Te Hiku Community Board subdivision boundaries to be altered as follows: a. Meshblock 0012701 be added to the Whatuwhiwhi Subdivision from the North Cape Subdivision (iii) Te Pēwhairangi-Whangaroa Community subdivided into: 1) Kawakawa-Moerewa Subdivision comprising the area in the proposed Kawakawa-Moerewa Subdivision map as shown on Attachment 1. 2) Kerikeri Subdivision comprising the area in the proposed Kerikeri Subdivision map as shown on Attachment 13. 3) Paihia Subdivision comprising the area in the proposed Paihia Subdivision map as shown on Attachment 14. 4) Russell-Ōpua Subdivision comprising the area in the proposed Russell-Ōpua Subdivision map as shown on Attachment 15. 5) Waipapa Subdivision comprising the area in the proposed Waipapa Subdivision map as shown on Attachment 16. 6) Whangaroa Subdivision comprising the area in the proposed Whangaroa Subdivision map as shown on Attachment 17.
being the existing community board and subdivision areas with the exception of the Te Pēwhairangi-Whangaroa Community Board subdivision boundaries to be altered as follows: a. Meshblock 0047701 be added to the Kawakawa-Moerewa Subdivision from the Russell-Ōpua Subdivision b. Meshblocks 0046100, 0046400, 0046700, 0046801, 0047801 be added to the Russell-Ōpua Subdivision from the Kawakawa-Moerewa Subdivision c. Meshblocks 4009371, 4009372, 0043905, 0044701 be added to the Kerikeri Subdivision from the Whangaroa Subdivision d. Meshblocks 0033600, 0033800, 0043902, 0043904, 0043905, 0043907, 0044003, 0044004, 0044005, 0044008, 0044503, 0044504, 0044505, 0044506, 0044507, 0044508, 0044603, 0044604, 0044605, 0044606, 0044607, 0044608, 0044609, 0044701, 0044703, 0044801, 4007581, 4007583, 4008359, 4008360, 4008361, 4009371, 4009372, 4010073, 4011285, 4011286, 4011319 be added to the Waipapa Subdivision from the Kerikeri Subdivision h) There be 19 community board members, being: (i) 7 members elected from the Te Pēwhairangi-Whangaroa Community Board comprising: 1) Kawakawa-Moerewa Subdivision – 1 member 2) Kerikeri Subdivision – 2 members 3) Paihia Subdivision – 1 member 4) Russell-Ōpua Subdivision – 1 member 5) Waipapa Subdivision – 1 member 6) Whangaroa Subdivision – 1 member and 1 member of the Council representing the Te Pēwhairangi-Whangaroa Ward appointed to the community board by Council (ii) 6 members elected from the Kaikohe-Hokianga Community Board comprising: 1) Kaikohe Subdivision – 3 members 2) North Hokianga Subdivision – 1 member 3) South Hokianga Subdivision – 2 members and 1 member of the Council representing the Kaikohe-Hokianga Ward appointed to the community board by Council (iii) 6 members elected from the Te Hiku Community Board comprising: 1) Doubtless Bay Subdivision – 1 member 2) Kaitāia Subdivision – 3 members 3) North Cape Subdivision – 1 member 4) Whatuwhiwhi Subdivision – 1 member and 1 member of the Council representing the Te Hiku Ward appointed to the community board by Council i) The reasons for the boundary alterations to the wards and community board subdivisions are: (i) the adjustments ensure that communities of interest that were split are now rectified (ii) in rectifying the communities of interest, the adjustments largely comply with section 19V Local Electoral Act 2001 (the fair representation criteria) with the exceptions of: · Te Hiku General Ward · North Cape Subdivision of the Te Hiku Community Board · Whangaroa Subdivision of Te Pēwhairangi-Whangaroa Community Board · Russell-Ōpua Subdivision of Te Pēwhairangi-Whangaroa Community Board · South Hokianga Subdivision of Kaikohe-Hokianga Community Board · Kaikohe Subdivision of Kaikohe-Hokianga Community Board (iv) the affected meshblocks are contiguous, have no physical divisions and are similar to the surrounding land. And that the formal, legislative consultative process and the following timetable be adopted.
And that the hearing of any representation arrangements review submissions received be heard by Council on 14-15 October 2021. Moved: Cr Felicity Foy Seconded: Cr Dave Collard Ngā Tai o Tokerau Māori Ward (represented by 4 Māori Ward councillors), comprising of 2 Māori Ward Councillors from the North and 2 Māori Ward Councillors from the South of the district, in the proposed Māori Ward map as shown on Attachment 4. LOST |
7.5 Appointment of Director to the Board of Northland Adventure Experience Limited 2 Agenda item 7.5 document number A3307299, pages 81 - 84 refers |
Resolution 2021/64 Moved: Cr Moko Tepania Seconded: Mayor John Carter That Council: a) formally note the resignation from Councillor Moko Tepania from the Northland Adventure Experience Limited Board, CARRIED b) appoint Councillor David Clendon as a Director on the Northland Adventure Experience Limited Board; CARRIED c) agree to indemnify Councillor Clendon for professional negligence as a director when acting in good faith in his capacity as a director. CARRIED AGAINST Crs Rachel Smith and Vujcich against NOTE: · Mayor John Carter acknowledged Cr Moko Tepania for his representation on the NAX committee. · Democracy Services to send copy of today’s Council minutes to the Northland Adventure Experience Limited Board |
7.6 Pou Herenga Tai Twin Coast Cycle Trail Bylaw Review Agenda item 7.6 document number A3307827, pages 85 - 104 refers |
Resolution 2021/65 Moved: Cr John Vujcich Seconded: Cr Rachel Smith That Council: a) agree, under section 155(1) of the Local Government Act 2002, that a Bylaw is the most appropriate way of addressing problems related to the Pou Herenga Tai - Twin Coast Cycle Trail. b) agree, under section 155(2) of the Local Government Act 2002, that the current Pou Herenga Tai - Twin Coast Cycle Trail Bylaw is not the most appropriate form because: i) it is not consistent with relevant laws and legislation ii) it is not certain.
c) agree, the Pou Herenga Tai - Twin Coast Cycle Trail Bylaw be continued with amendment to: i) ensure consistency with relevant laws and legislation ii) improve certainty
d) note, that under section 155(2) of the Local Government Act 2002, a full analysis of any implications regarding the Pou Herenga Tai - Twin Coast Cycle Trail Bylaw under the New Zealand Bill of Rights Act 1990 cannot be completed until the amendments to the bylaw have been written.
e) agree that a draft policy for the Pou Herenga Tai Twin Cost Cycle Trail Bylaw be presented to the Strategy and Policy Committee in the first quarter of 2022 prior to consultation. ABSTAIN: Cr Mate Radich |
Agenda item 8.1 document number A3301784, pages 105 - 206 refers |
Resolution 2021/66 Moved: Mayor John Carter Seconded: Cr John Vujcich That Council: a) will provisionally opt out of the Three Waters Reform until such a time as more information comes to light to enable an informed decision to be made by Council. CARRIED AGAINST: Crs Rachel Smith, Kelly Stratford and Moko Tepania. b) Staff report back to the 4 November 2021 Council meeting with the findings of the detailed analysis required to be undertaken by Councils during August and September. CARRIED c) work with our neighbouring Councils, those being Whangarei, Kaipara and Northland Regional Council, in an attempt to find a water entity and governance structure that suits our region; and CARRIED d) consult with our community on this issue and if necessary hold a referendum in our district on the issue, initially using its quarterly poll to get an indication and initial feed back. |
Deputy Mayor Ann Court returned to the meeting 12:22 pm.
Meeting adjorned 12:23 pm – 1:00 pm
8.2 Community Board Updates July 2021 Agenda item 8.2 document number A3308100, pages 207 - 222 refers |
Resolution 2021/67 Moved: Mayor John Carter Seconded: Cr John Vujcich That Council note the following Community Board minutes: a) Te Hiku Community Board, 6 July 2021. b) Kaikohe-Hokianga Community Board, 7 July 2021. c) Bay of Islands-Whangaroa Community Board, 8 July 2021. |
8.3 Council Action Sheet Update August 2021 Agenda item 8.3 document number A3308085, pages 223 - 240 refers |
Resolution 2021/68 Moved: Cr Ann Court Seconded: Cr Felicity Foy That Council receive the report Action Sheet Update August 2021. |
RESOLUTION TO EXCLUDE THE PUBLIC
Resolution 2021/69 Moved: Mayor John Carter Seconded: Cr Ann Court That the public be excluded from the following parts of the proceedings of this meeting. The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
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At the conclusion of the public excluded session the meeting confirmed that information and decisions discussed with the public excluded would remain confidential.
10 Karakia Whakamutunga – Closing Prayer
The meeting closed at 3:55pm.
The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 23 September 2021.
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CHAIRPERSON