Te Kaunihera o Tai Tokerau ki te Raki




Supplementary Reports

Ordinary Council Meeting


Thursday, 23 September 2021


10.00 am


Held virtually via Microsoft TEAMs




Mayor John Carter - Chairperson

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



Ordinary Council Meeting Agenda

23 September 2021


Te Paeroa Mahi / Order of Business

6          Reports. 4

6.9            Nomination of Elected Members to the Rangitane Maritime Development and Otawere Water Storage Reservoir Hearings Panels. 4



Ordinary Council Meeting Agenda

23 September 2021


6            Reports

6.9         Nomination of Elected Members to the Rangitane Maritime Development and Otawere Water Storage Reservoir Hearings Panels

File Number:           A3396644

Author:                    Caroline Wilson, Manager - District Administration

Authoriser:             William J Taylor MBE, General Manager - Corporate Services


Take Pūrongo / Purpose of the Report

To formalise an appointment on behalf of the Far North District Council for the Otawere Water Storage Reservoir Consenting Panel and Rangitane Maritime Development under the COVID-19 Recovery (Fast-track Consenting) Act 2020.

WhakarĀpopoto matua / Executive Summary

·        Council has been given an early indication that we will be asked to provide a local authority nominee for each of the above panels;

·        Council has three eligible Elected Members being those accredited under section 39A of the Resource Management Act as certified Hearings Commissioners under the Making Good Decisions Programme;

·        Council may also put forward the name of an Independent Hearings Commissioner – the panel of which has already been approved by Council;

·        The three Elected Members are Deputy Mayor Court and Councillors Stratford and Clendon;

·        This request came to light after this agenda went to print, and with timelines being very tight (a mid October commencement date), this decision cannot be deferred to the next meeting on the 4th November;

·        The decision on final appointees to each panel rests with the Presiding Judge.


tŪtohunga / Recommendation

That Council nominate:

a)      Councillor David Clendon as the Elected Member nominee for the Otawere Water Storage Reservoir Fast Track Consenting Project Panel; and

b)      One Independent Hearings Commissioner as nominee for the Rangitane Maritime Development Fast Track Consenting Project Panel.



1) TĀhuhu kŌrero / Background

Council has been approached by the Environmental Protection Authority (EPA) with an early intent to formally request nominations for suitably accredited hearings commissioners to each of the above panels.  Every panel must include one person nominated by the relevant local authorities.   Correspondence from the EPA can be found in Attachments 1 and 2.

In order to be prepared for what is a very tight timeframe associated with these hearings, a decision now ensures we are ready to put forward our nominees when they are formally requested.

Council has three suitably qualified Elected Member representatives.  There is also the option to appoint one of our approved independent hearings commissioners should no Elected Members be available to be part of a panel.

Whilst Council may put forward their preferred nominee, the ultimate decision on appointees is made by the Presiding Judge.   

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Deputy Mayor Ann Court, and Councillors Kelly Stratford and David Clendon were asked to confirm whether they wished to be nominated and to which specific panel.   Both panels will be running concurrently, and mostly virtually.

Councillor Clendon has expressed an interest in the Otawere Water Storage Reservoir.

Deputy Mayor Court and Councillor Stratford did not wish to be nominated given their existing high workloads.

Because we do not have Elected Member availability for both panels, we will nominate a suitably experienced independent hearings commissioner from Council’s approved panel as the FNDC nominee for the Rangitane Maritime Development. 

Take Tūtohunga / Reason for the recommendation

Appoint Councillor Clendon and an independent hearings commissioner as nominees for the Otawere Water Storage Reservoir and the Rangitane Maritime Development Hearings Panels.

3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision

There are no financial implications as a result of this report.

Āpitihanga / Attachments

1.       FTC42_Letter_of_Engagement_FNDC - Rangitane Maritime Development - A3396900

2.       FTC43_Letter_of_Engagement_FNDC - Otawere Water Storage Reservoir - A3396901  


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

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.

The Resource Management Act requires Councils to assist the EPA with any such hearings either through information dissemination and have one local authority representative on Hearings Panels.

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 relevance.

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 is a governance appointee to a hearings panel and as such as no particular implication for Māori.  Implications would have been understood as part of the original project that led to this point.

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).

None – this report relates only to nominations to  hearings panels.

State the financial implications and where budgetary provisions have been made to support this decision.

There are no specific financial implications

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report


Ordinary Council Meeting Agenda

23 September 2021


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Ordinary Council Meeting Agenda

23 September 2021


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