Te Kaunihera o Tai Tokerau ki te Raki
AGENDA
Emergency Council Meeting
Tuesday, 14 September 2021
Time: |
1.00 pm |
Location: |
held virtually via Microsoft TEAMs |
Membership:
Mayor John Carter - Chairperson
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
Extraordinary Council Meeting Agenda |
14 September 2021 |
COUNCIL MEMBERS REGISTER OF INTERESTS
Name |
Responsibility (i.e. Chairperson etc) |
Declaration of Interests |
Nature of Potential Interest |
Member's Proposed Management Plan |
Hon Mayor John Carter QSO |
Board Member of the Local Government Protection Programme |
Board Member of the Local Government Protection Program |
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Carter Family Trust |
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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. |
|
David Clendon |
Chairperson – He Waka Eke Noa Charitable Trust |
None |
|
Declare if any issue arises |
Member of Vision Kerikeri |
None |
|
Declare if any issue arrises |
|
Joint owner of family home in Kerikeri |
Hall Road, Kerikeri |
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|
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David Clendon – Partner |
Resident Shareholder on Kerikeri Irrigation |
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David Collard |
Snapper Bonanza 2011 Limited |
45% Shareholder and Director |
|
|
Trustee of Te Ahu Charitable Trust |
Council delegate to this board |
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Felicity Foy |
Flick Trustee Ltd |
I am the director of this company that is the company trustee of Flick Family Trust that owns properties Seaview Road – Cable Bay, and Allen Bell Drive - Kaitaia. |
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|
Elbury Holdings Limited |
This company is directed by my parents Fiona and Kevin King. |
This company owns several dairy and beef farms, and also dwellings on these farms. The Farms and dwellings are located in the Far North at Kaimaumau, Bird Road/Sandhills Rd, Wireless Road/ Puckey Road/Bell Road, the Awanui Straight and Allen Bell Drive. |
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Foy Farms Partnership |
Owner and partner in Foy Farms - a farm on Church Road, Kaingaroa |
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|
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Foy Farms Rentals |
Owner and rental manager of Foy Farms Rentals for 7 dwellings on Church Road, Kaingaroa and 2 dwellings on Allen Bell Drive, Kaitaia, and 1 property on North Road, Kaitaia, one title contains a cell phone tower. |
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|
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King Family Trust |
This trust owns several titles/properties at Cable Bay, Seaview Rd/State Highway 10 and Ahipara - Panorama Lane. |
These trusts own properties in the Far North. |
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112 Commerce Street Holdings Ltd |
Owner of commercial property in Commerce Street Kaitaia. |
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Foy Property Management Ltd |
Owner of company that manages properties owned by Foy Farms Rentals and Flick Family Trust. |
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|
|
Previous employment at FNDC 2007-16 |
I consider the staff members at FNDC to be my friends |
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Shareholder of Coastline Plumbing NZ Limited |
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Felicity Foy - Partner |
Director of Coastal Plumbing NZ Limited |
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Friends with some FNDC employees |
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Mate Radich |
No form received |
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Rachel Smith |
Friends of Rolands Wood Charitable Trust |
Trustee |
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Mid North Family Support |
Trustee |
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Property Owner |
Kerikeri |
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Friends who work at Far North District Council |
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Kerikeri Cruising Club |
Subscription Member |
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Vision Kerikeri |
Financial Member |
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Rachel Smith (Partner) |
Property Owner |
Kerikeri |
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Friends who work at Far North District Council |
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|
|
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Kerikeri Cruising Club |
Subscription Member and Treasurer |
|
|
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Vision Kerikeri |
Financial Member |
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Town and General Groundcare Limited |
Director, Shareholder |
|
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Kelly Stratford |
KS Bookkeeping and Administration |
Business Owner, provides book keeping, administration and development of environmental management plans |
None perceived |
Step aside from decisions that arise, that may have conflicts |
Waikare Marae Trustees |
Trustee |
Maybe perceived conflicts |
Case by case basis |
|
Bay of Islands College |
Parent Elected Trustee |
None perceived |
If there was a conflict, I will step aside from decision making |
|
Karetu School |
Parent Elected Trustee |
None perceived |
If there was a conflict, I will step aside from decision making |
|
Māori title land – Moerewa and Waikare |
Beneficiary and husband is a shareholder |
None perceived |
If there was a conflict, I will step aside from decision making |
|
Sister is employed by Far North District Council |
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|
Will not discuss work/governance mattes that are confidential |
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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 |
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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 |
|
Moko Tepania |
Teacher |
Te Kura Kaupapa Māori o Kaikohe. |
Potential Council funding that will benefit my place of employment. |
Declare a perceived conflict |
Chairperson |
Te Reo o Te Tai Tokerau Trust. |
Potential Council funding for events that this trust runs. |
Declare a perceived conflict |
|
Tribal Member |
Te Rūnanga o Te Rarawa |
As a descendent of Te Rarawa I could have a perceived conflict of interest in Te Rarawa Council relations. |
Declare a perceived conflict |
|
Tribal Member |
Te Rūnanga o Whaingaroa |
As a descendent of Te Rūnanga o Whaingaroa I could have a perceived conflict of interest in Te Rūnanga o Whaingaroa Council relations. |
Declare a perceived conflict |
|
Tribal Member |
Kahukuraariki Trust Board |
As a descendent of Kahukuraariki Trust Board I could have a perceived conflict of interest in Kahukuraariki Trust Board Council relations. |
Declare a perceived conflict |
|
Tribal Member |
Te Rūnanga ā-Iwi o Ngāpuhi |
As a descendent of Te Rūnanga ā-Iwi o Ngāpuhi I could have a perceived conflict of interest in Te Rūnanga ā-Iwi o Ngāpuhi Council relations. |
Declare a perceived conflict |
|
John Vujcich |
Board Member |
Pioneer Village |
Matters relating to funding and assets |
Declare interest and abstain |
Director |
Waitukupata Forest Ltd |
Potential for council activity to directly affect its assets |
Declare interest and abstain |
|
Director |
Rural Service Solutions Ltd |
Matters where council regulatory function impact of company services |
Declare interest and abstain |
|
Director |
Kaikohe (Rau Marama) Community Trust |
Potential funder |
Declare interest and abstain |
|
Partner |
MJ & EMJ Vujcich |
Matters where council regulatory function impacts on partnership owned assets |
Declare interest and abstain |
|
Member |
Kaikohe Rotary Club |
Potential funder, or impact on Rotary projects |
Declare interest and abstain |
|
Member |
New Zealand Institute of Directors |
Potential provider of training to Council |
Declare a Conflict of Interest |
|
Member |
Institute of IT Professionals |
Unlikely, but possible provider of services to Council |
Declare a Conflict of Interest |
Emergency Council Meeting Agenda |
14 September 2021 |
Emergency Council Meeting
will be held in the held virtually via Microsoft TEAMs on:
Tuesday 14 September 2021 at 1.00 pm
Te Paeroa Mahi / Order of Business
1 Karakia Timatanga / Opening Prayer
2 Ngā Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest
3 Ngā Tono Kōrero / Deputations
4 Ngā Kōrero a te Koromatua / Mayoral Announcements
5.1 Kerikeri Water Billing Under COVID-19 Alert Level 4 Shutdown
6 Karakia Whakamutunga / Closing Prayer
7 Te Kapinga Hui / Meeting Close
1 Karakia Timatanga – Opening Prayer
2 Ngā 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 Council 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 Ngā tono kōrero / Deputations
No requests for deputations were received at the time of the Agenda going to print.
4 Ngā Kōrero A Te Koromatua / Mayoral Announcements
14 September 2021 |
5.1 Kerikeri Water Billing Under COVID-19 Alert Level 4 Shutdown
File Number: A3373028
Author: Janice Smith, Chief Financial Officer
Authoriser: William J Taylor MBE, General Manager - Corporate Services
Take Pūrongo / Purpose of the Report
To advise Council of the issues for the Kerikeri water billing cycle arising from the COVID-19 Alert Level 4 shutdown and seek approval to not bill consumers as a result.
WhakarĀpopoto matua / Executive Summary
· Reading water meters is not classed as an essential service under Alert Level 4 shutdown.
· The Local Government (Rating) Act 2002 requires invoices to be calculated using “a fixed charge per unit of water consumed/supplied”.
· Consideration was given to asking connected customers to ‘self-read’ the meters as an option.
· Estimation is not considered to result in a legally collectable charge; therefore, any such invoices would not be able to be recovered through legal action at any future point.
That Council: a) approve not invoicing Kerikeri water customers in September 2021. b) approve the issue of one invoice only in March 2022. c) approve staff working with consumers on payment plans to alleviate the impact of only invoicing once in 2021/2022.
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1) TĀhuhu kŌrero / Background
The COVID-19 Alert Level 4 shutdown only allows for essential services to be carried out. The reading of water meters is not considered essential as it raises concerns about proximity and possible transmission of the COVID-19 virus.
Each of the major water schemes within the district is read twice a year resulting in customers receiving an invoice every six months. Reading of the Kerikeri meters should have occurred in August 2021 with an invoice due to be raised in September 2021.
The Local Government (Rating) Act 2002 requires a targeted rate for water to be based on “a fixed charge per unit of water consumed/supplied”. The Funding Impact statement issued as part of the 2021-31 Long Term Plan indicates that charges will be made based on meter readings and charged at a unit rate of $3.43 per cubic meter used. The funding impact does not allow for any other charging mechanism.
The Local Government (Rating) Act 2002 does not permit water invoices based on an estimate of water usage. The invoice is required to be based on actual consumption or supply (section 43(1)(c)). On this basis, issuing water invoices based on usage estimates would be unlawful.
2) matapaki me NgĀ KŌwhiringa / Discussion and Options
Option 1 – do not invoice Kerikeri water until March 2022
Under this option the customers in Kerikeri would receive a single bill covering 12 months of water use. This could be a significant issue for some customers therefore staff would contact customers and discuss payment on account options so that they could make payments in advance of the invoice.
This is the recommended option.
Option 2 – delay meter reading
Under this option, an invoice would be issued out of cycle and contrary to the Funding Impact Statement. There would be ‘knock on’ implications for all other schemes invoicing as whilst it might be possible for the meter readers to accommodate the change in reading pattern staff resourcing would not be available to raise the invoices. At this point, it is not clear when meter readers may be able to recommence the service as Alert Level 3 has similar restrictions on non-essential services as Alert Level 4.
Option 3 – ask customers to self-read
Under this option customers could be asked to send a reading into Council. This would require all customers to do this to enable a full billing cycle. Each reading would have to be manually entered into the billing system and the level of accuracy in the readings would be reduced. It is possible that a significant number of customers would decline to send in a reading which would make the next cycle difficult to manage. As with estimation, invoices raised using this method would be difficult to recover through legal channels without evidence to support the reading.
Council has a significant number of excess water remission applications to review, and if Option 1 is adopted, the additional time released within the billing cycle would allow staff to re-direct their time to these and make decisions in a timelier manner. Under normal billing cycles, this work can only be achieved in the 2 weeks between each billing.
Take Tūtohunga / Reason for the recommendation
To determine that there will only be one invoice for Kerikeri water in 2021/22 and allow staff to contact customers in a timely manner to discuss pre-payment options over the next six months.
3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision
There would be a temporary cash flow implication arising from any of the options. The total billed for the last 6-month cycle was around $650k.
Nil
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 |
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 |
Not significant. |
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision. |
Local Government (Rating) Act 2002 section 43(1)(c). |
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. |
This report only relates to water consumers in Kerikeri. |
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. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi. |
This will affect all customers in Kerikeri equally. |
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). |
N/A. |
State the financial implications and where budgetary provisions have been made to support this decision. |
There will be a cash flow impact as a result of any of the options. |
Chief Financial Officer review. |
The Chief Financial Officer has prepared this report. |