Minutes of Strategy and Policy Committee Meeting

Strategy and Policy Committee Meeting Minutes

7 September 2021

MINUTES OF Far North District Council
Strategy and Policy Committee Meeting
HELD AT THE Held Electronically via Microsoft Teams
ON Tuesday, 7 September 2021 AT 9.30 am

PRESENT: Chair Rachel Smith, Cr David Clendon, Mayor John Carter (HWTM), Deputy Mayor Ann Court, Cr Dave Collard, Cr Felicity Foy, Cr Kelly Stratford, Cr Moko Tepania, Cr John Vujcich, Member Belinda Ward

IN ATTENDANCE:

STAFF PRESENT: Shaun Clarke (Chief Executive Officer), William J Taylor, MBE (General Manager Corporate Services), Andy Finch (General Manager Infrastructure and Asset Management), Darren Edwards (General Manager Strategic Planning and Policy)

1 Karakia TimatAnga – Opening Prayer

Chair Rachel Smith opened the meeting with a karakia/prayer.

2 Ngā Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest

2.1 Apologies

Committee Resolution 2021/34

Moved: Cr John Vujcich

Seconded: Cr Moko Tepania

That the Strategy and Policy Committee receive apologies from CE Shaun Clarke and Dean Myburgh and a leave of absence granted.

In Favour: Crs Rachel Smith, David Clendon, Mayor John Carter, Deputy Mayor Ann Court, Felicity Foy, Kelly Stratford, Moko Tepania, John Vujcich and Member Belinda Ward

Against: Nil

carried

3 Ngā Tono Kōrero / Deputation

Nil

4 Confirmation of Previous Minutes

4.1 Confirmation of Previous Minutes

Agenda item 4.1 document number A3052731, pages 16 - 22 refers.

Committee Resolution 2021/35

Moved: Deputy Mayor Ann Court

Seconded: Cr John Vujcich

That the Strategy and Policy Committee agrees that the minutes of the meeting held 20 July 2021 be confirmed as a true and correct record.

In Favour: Crs Rachel Smith, David Clendon, Mayor John Carter, Ann Court, Felicity Foy, Kelly Stratford, Moko Tepania, John Vujcich and Member Belinda Ward

Against: Nil

Carried

5 Reports

5.1 Update of Policy - Appointment of Directors to Council Organisations

Agenda item 5.1 document number A3326738, pages 23 - 31 refers.

Committee Resolution 2021/36

Moved: Mayor John Carter

Seconded: Cr Kelly Stratford

That the Strategy and Policy Committee recommend Council approve the updated Policy 2117 – Appointment and Remuneration of Directors for Council Organisations.

Amendment

Moved: Cr David Clendon

Seconded: Deputy Mayor Ann Court

b) that the Chair of each CCO board shall be selected by the members of that board.

In Favour: Crs David Clendon, Mayor John Carter, Deputy Mayor Ann Court, Felicity Foy, Kelly Stratford and Member Belinda Ward

Against: Crs Rachel Smith and John Vujcich

Abstained: Crs Dave Collard and Moko Tepania

carried 6/2

The amendment becomes the substantive motion.

Moved: Mayor John Carter

Seconded: Cr Kelly Stratford

That the Strategy and Policy Committee;

a) recommend Council approve the updated Policy 2117 – Appointment and Remuneration of Directors for Council Organisations.

b) that the Chair of each CCO board shall be selected by the members of that board.

In Favour: Crs Rachel Smith, David Clendon, Mayor John Carter, Deputy Mayor Ann Court, Felicity Foy, Kelly Stratford, John Vujcich and Member Belinda Ward

Against: Nil

Abstained: Crs Dave Collard and Moko Tepania

Carried

5.2 Vehicle Crossings Bylaw - Recommendations for Making the New Bylaw

Agenda item 5.2 document number A3367916, pages 32 - 72 refers.

Committee Resolution 2021/37

Moved: Cr Felicity Foy

Seconded: Cr John Vujcich

That the Strategy and Policy Committee recommend Council:

a) agree to the recommendations in the Staff report on submissions and recommendations for consideration in Attachment 1 that:

i) No changes are made to clauses 12, 15, 16, 18, 21, 22 and 23 in the draft bylaw.

ii) Clause 4 is changed by:

1) Adding the words “reconstruction, upgrading and relocation” after the word “construction”

2) Deleting the words “and repair” after the words “and relocation”;

3) Inserting the word “vehicular” after the words “vehicle crossings giving”;

4) Adding the words “or another design approved by the council” after “engineering standards for vehicle crossings”.

iii) Clause 5 is changed by:

1) Deleting the definition of berm;

2) Adding to the definition of vehicle crossing, the words “, but does not include paddock entrances with less than ten (10) stock movements per month” after “accessing the property”;

3) Deleting subclause (2) and replacing with a new Clause 2:

“2. Related information boxes

Boxes headed ‘Related information’ in this bylaw are for information purposes only, and –

(a) they do not form part of the bylaw; and

(b) cannot be considered in the interpretation or application of a provision of this bylaw; and

(c) may be inserted, amended or removed without formality”

4) Adding a “related information box” referring to a new diagram to supplement the written definition of a vehicle crossing:

“The terminology associated with vehicle crossings is illustrated in diagram 1 in the Schedule to this bylaw”.

iv) Clause 6 is changed by:

1) In subclause (1), deleting the word “widen” and replacing with the word “upgrade”;

2) In subclause (2), replacing the word “widened” with “upgraded”;

3) In subclause (2), adding the words: “, or permission has been granted by the council for a private road or right-of-way under section 348 of the Local Government Act 1974” after “has been granted for this work”;

4) Adding a new subclause (3): “An approval is not required to conduct minor repairs or to maintain a vehicle crossing”;

5) Adding further information to the “related information” box as follows:

“Approvals are required for:

· Construction i.e. building a new vehicle crossing

· Reconstruction i.e. rebuilding a crossing which is broken and/or not fit for purpose

· Upgrading e.g. widening a crossing, replacing metal with tarseal, replacing a culvert, or making safety improvements to a crossing

· Relocating i.e. moving a crossing from one place to another.

Approvals are not required for:

· Minor repairs i.e. refurbishing a crossing that is showing signs of wear and tear but is not broken (such as repairing a pothole)

· Maintenance e.g. resealing the surface of the crossing with existing seal material or cleaning a culvert.

Whether or not an approval is required for work on the vehicle crossing, a Work Access Permit is required for all work on the road corridor (see clause 17). This is required under the National Code of Practice for Utility Operators' Access to Transport Corridors”.

v) Clause 7 is changed by:

1) Adding “or other council-approved design” after “appropriate engineering standard”;

2) Adding “Council will respond to the applicant in 30 working days or less” after “the proposed vehicle crossing”.

vi) Clause 8 is changed by:

1) Adding the words “in its sole discretion” after “may grant an approval”;

2) Adding the words “or other design approved by the council” after “the appropriate engineering standard”;

3) Adding a new paragraph (b): “the council is satisfied that the proposed vehicle crossing will not cause undue impacts involving road safety or damage to the environment”.

vii) Clause 9 is changed by:

1) Adding the words “or other design approved by the council” after “appropriate engineering standard” in paragraph (a);

2) Adding the words “or other design approved by the council” after “specified engineering standard” in paragraph (b);

3) Replacing the word “mention” with “notice” in paragraph (b).

viii) Clause 10 is changed by:

1) Adding a “related information box” below paragraph (a).

“Chapter 15 of the District Plan (‘Transportation’) covers areas such as parking and access to private properties including where access is permitted and not permitted. It lists the criteria that will be used to assess road access such as traffic safety and congestion, foreseeable future changes to traffic patterns in the area, and the safety of pedestrians, disabled persons and cyclists, etc.”;

2) Adding the words “the positioning of grates, and compliance with any covenants relating to the site” after “sump or utility connection” in paragraph (b).

ix) Clause 11 is changed by:

1) Adding the words “at a time” after “twelve (12) months” in subclause (1);

2) Adding a “related information box” after subclause (2):

“If a temporary crossing is not being used currently but will be used again in many years’ time, as is common in the forestry industry, it will not have fulfilled its purpose and there is no need to remove the crossing unless it is unsafe or is causing damage to the road or drainage system”.

x) Clause 13 is changed by:

1) Deleting the words “twelve (12) months” and replacing with the words “3 years” in subclauses (1) and (2).

xi) Clause 14 is changed by:

1) Deleting the words “to another person or” and add the words “or to a different location at the property concerned” after the words “to another property” in subclause (2);

2) Adding a new subclause (3): “Approvals may be transferred to another person at the same property, such as a new property owner, if the council has been notified in writing of this transfer”.

xii) Clause 19 is changed by:

1) Deleting the word ‘repair’ from subclause (1);

2) Adding a new subclause (2): “Before issuing a written notice, the council will consult with the property owner regarding the best course of action. This discussion will cover observed issues with the vehicle crossing such as safety concerns, and the crossing’s current and intended future use”.

xiii) Clause 20 is changed by:

1) Adding a new subclause (2): “Before issuing a written notice, the council will consult with the property owner regarding the best course of action. This discussion will cover why the council considers the vehicle crossing is redundant or in excess of the reasonable requirements of the owner or occupier and will ascertain what is the crossing’s current and intended future use, if any”.

b) agree the Vehicle Crossings Bylaw in Attachment 2:

i) is the most appropriate form of bylaw; and

ii) does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

c) under section 145 of the Local Government Act 2002 and section 22AB(zk) of the Land Transport Act 1998, make the Vehicle Crossings Bylaw in Attachment 2.

In Favour: Crs Rachel Smith, David Clendon, Mayor John Carter, Deputy Mayor Ann Court, Dave Collard, Felicity Foy, Kelly Stratford, Moko Tepania, John Vujcich and Member Belinda Ward

Against: Nil

Carried

5.3 Treated Water Supply Bylaw - Recommendations for making new bylaw

Agenda item 5.3 document number A3290593, pages 73 - 127 refers.

Committee Resolution 2021/38

Moved: Chair Rachel Smith

Seconded: Mayor John Carter

That the Strategy and Policy Committee recommend the Council:

a) agree to the recommendations in the Staff report on submissions and recommendations for consideration in Attachment 1 that:

i) No changes are made to clauses 6, 8, 10, 16, 17 to 19, 24, 26 to 30, 32 and 36 in the draft bylaw.

ii) Clause 4 is changed by:

1) Adding the words “This applies to the supply of treated water from council-owned water schemes, not privately owned schemes.” after “from misuse”:

iii) Clause 5 is changed by:

1) Adding a new definition:

“Drinking water emergency means a situation where water supply restrictions or interruptions may arise from:

(a) water supply shortage or drought; or

(b) water supply contamination or pollution; or

(c) water supply infrastructure emergency repair; or

(d) a natural failure or disruption to water supply which may endanger public health.

These emergencies may be initiated by the following authorities: The Minister of Health, the Medical Officer of Health, the Regional Council, the Council, and the Civil Defence Emergency Management Group”.

2) Adding a new “related information” box:

“In section 4 of the Civil Defence Emergency Management Act 2002 the definition of emergency includes failure or disruption to a lifeline utility. An entity that supplies or distributes water to inhabitants of a city or district is a lifeline utility.

Section 69S of the Health Act 1956 provides the council may restrict or interrupt the supply of water in the event of emergency repairs but must notify the Medical Officer of Health within 24 hours and take all practicable steps to advise affected persons.

Section S69T of the Health Act 1956 provides the council must notify authorities if it identifies or foresees a risk to the adequate supply of drinking water and request these authorities apply their powers to mitigate the water supply risk. The authorities include the Medical Officer of Health, Fire and Emergency New Zealand, and the Northland Regional Council.

S69ZZA of the Health Act 1956 provides for the Minister of Health to declare a drinking water emergency if there is a serious risk of harm to public health arising from drinking water or if there is a lack of drinking water available.

Section 329 of the Resource Management Act 1991 provides the Northland Regional Council the right to issue water shortage directions which may restrict water takes”.

3) Deleting subclause 5(2) and replacing with a new clause (clause 2):

“2. Related information boxes

Boxes headed “Related information” in this bylaw are for information purposes only, and –

(a) they do not form part of this bylaw; and

(b) cannot be considered in the interpretation or application of a provision of this bylaw; and

(c) may be inserted, amended or removed without any formality.”

iv) Clause 7 is changed by:

1) Adding the following “related information” box after subclause (3):

“Approximately 400mm of the service pipe between the meter reader and the customer’s pipe is technically on council-owned property. Any work required by the customer on this section of the customer’s pipe is acceptable to the council”

v) Clause 9 is changed by:

1) Adding the words: “Customers can receive both ordinary and extraordinary supply” at the end of the existing “related information” box.

vi) Clause 11 is changed by:

1) Adding a new subclause “(3) A person who wants water supplied under subclause (1)(a) must be registered with the drinking water regulator”;

2) Adding a “related information” box after the new subclause (3):

“The Director General of Health maintains the drinking water register. Under section 69G of the Health Act 1956, the drinking water register means the register of drinking water suppliers and supplies maintained under section 69J of the Health Act 1956, which includes bulk water carriers”

vii) Clause 12 is changed by:

1) Adding a “related information” box after subclause (2):

“Section 69S(3) of the Health Act 1956 states a maximum timeframe of 8 hours for a planned interruption to supply, after which the supplier must have taken all reasonable steps to notify affected parties”.

viii) Clause 13 is changed by:

1) Adding a new “related information” box:

“The council applies a tolerance of ±3% to determine whether a customer’s water meter is reading correctly or incorrectly”.

ix) Clause 14 is changed by:

1) Adding the words “, excluding drinking water” after the words “treated water” in subclause (1);

2) Adding the following words to the “related information” box:

“The Council can put in place treated water restrictions for health and safety reasons under section 145 of the Local Government Act 2002 as a precautionary step to avoid running out of water. As of June 2021, these restrictions are explained on the waterwise website (Be water wise | Be water wise Northland), as follows:

Level Two: No sprinklers

Level Three: No hoses or sprinklers

Level Four: Essential use only - water suppled can only be used for drinking or cooking, to wash clothes and take showers”.

x) Clause 15 is changed by:

1) Replacing subclause (1) with: “During a drinking water emergency, the council may restrict, interrupt or prohibit the use of treated water.”;

2) Adding a “related information” box after subclause (2):

“Examples of a drinking water emergency are when:

• drought or water supply shortage has been identified;

• water supply has been polluted or contaminated;

• water supply infrastructure requires emergency repairs;

• a natural failure or a disruption to the water supply occurs which is likely to endanger public health”.

xi) Clause 21 is changed by:

1) Replacing the words “in accordance with the following criteria” with “by considering the following matters”;

2) Replacing the word “assess” with “consider” in subclauses (2), (3), (4) and (5).

xii) Clause 22 is changed by:

1) In subclause (1) adding the words “or decline” after “may grant” and replacing the words “if it is satisfied the application meets the assessment criteria” with “at its sole discretion based on consideration of the factors”;

2) Deleting subclause (2) “The council may decline an application for an approval if it does not meet the assessment criteria in clause 22”.

xiii) Clause 23 is changed by:

1) Adding “, except where drinking water is involved” after “may be supplied” in paragraph (c).

xiv) Clause 25 is changed by:

1) Adding a new paragraph (b) in subclause (2) “providing any information requested by the council to demonstrate that any conditions under Clause 23 continue to be met”;

2) Adding a new subclause (2) “An application for renewal must be made in the same manner as an application for an approval, with any necessary modifications”;

3) Adding a new subclause (3) “The application for renewal will be assessed based on consideration of the factors described in clause 21”.

xv) Clause 26 is changed by:

1) Adding a new subclause (3) “The application for amendment will be assessed based on consideration of the factors described in clause 21”.

xvi) Clause 28 is changed by:

1) Adding the words “or the health and safety of any person” after “the water supply system” in subclause (1) paragraph (b).

xvi) Clause 31 is changed by:

1) In subclause (3) deleting the words “5 working days” and substituting “10 working days, except if the notice is given under subclause (2)(c), where the customer must comply within 5 working days”;

2) In subclause (4) deleting the word “shall” and substituting the word “must”.

xvii) Clause 35 is changed by:

1) Deleting the amount “$20,0000” and substituting the amount “$20,000”.

xviii) Clause 37 is changed by:

1) In subclause (1) adding the words “, except for ordinary supply approvals,” after the words “in clause 36”.

b) agree the Treated Water Supply Bylaw in attachment 2:

i) is the most appropriate form of bylaw; and

ii) the bylaw provisions are considered reasonable limits on the rights in the New Zealand Bill of Rights Act 1990.

c) under sections 145 and 146 of the Local Government Act 2002, make the Treated Water Supply Bylaw in Attachment 2.

In Favour: Crs Rachel Smith, David Clendon, Mayor John Carter, Deputy Mayor Ann Court, Dave Collard, Felicity Foy, Kelly Stratford, Moko Tepania, John Vujcich and Member Belinda Ward

Against: Nil

Carried

5.4 New Parking Bylaw - Approval of Draft for Public Consultation

Agenda item 5.4 document number A3275664, pages 128 - 146 refers.

Committee Resolution 2021/39

Moved: Mayor John Carter

Seconded: Cr Kelly Stratford

That the Strategy and Policy Committee:

a) approves the proposal for a new Parking Bylaw in Attachment 1 to be released for public consultation to meet the requirements of section 22AD of the Land Transport Act 1998 and section 156 of the Local Government Act 2002.

b) authorises the Chief Executive to make minor changes to the proposal for a new Parking Bylaw to correct grammatical or spelling errors, or formatting.

c) agrees the period for making written submissions on the proposal be from 13 September 2021 to 15 October 2021.

d) agrees the Committee will hear any people who want to present their submissions orally on Tuesday 26 October 2021.

e) agrees to delegate, to the Chair, the power to change the date of the oral presentations of submissions.

f) directs Council staff to make all necessary logistical arrangements for people to be heard, on 26 October 2021, either in person in the Council Chambers or online via Microsoft Teams.

In Favour: Crs Rachel Smith, David Clendon, Mayor John Carter, Deputy Mayor Ann Court, Dave Collard, Felicity Foy, Kelly Stratford, Moko Tepania, John Vujcich and Member Belinda Ward

Against: Nil

Carried

ADMIN NOTE:

· That Community Boards will be engaged in the development of Local Parking Management Plans, separate to this Bylaw process.

Meeting adjourned 11:00 am – 11:10 am.

5.5 New Road Use Bylaw - Approval of Draft for Public Consultation

Agenda item 5.5 document number A3277425, pages 147 - 176 refers.

Committee Resolution 2021/40

Moved: Cr Kelly Stratford

Seconded: Cr John Vujcich

That the Strategy and Policy Committee:

a) approves the proposal for a new Road Use Bylaw in Attachment 1 to be released for public consultation to meet the requirements of section 22AD of the Land Transport Act 1998 and section 156 of the Local Government Act 2002.

b) authorises the Chief Executive to make minor changes to the proposal for a new Road Use Bylaw to correct grammatical or spelling errors, or formatting.

c) agrees the period for making written submissions on the proposal be from 13 September 2021 to 15 October 2021.

d) agrees the Committee will hear any people who want to present their submissions orally on Tuesday 26 October 2021.

e) agrees to delegate, to the Chair, the power to change the date of the oral presentations of submissions.

f) directs Council staff to make all necessary logistical arrangements for people to be heard, on 26 October 2021, either in person in the Council Chambers or online via Microsoft Teams.

In Favour: Crs Rachel Smith, David Clendon, Mayor John Carter, Dave Collard, Felicity Foy, Kelly Stratford, Moko Tepania, John Vujcich and Member Belinda Ward

Against: Nil

Abstained: Deputy Mayor Ann Court

Carried

5.6 New On-site Wastewater Disposal Systems Bylaw - Approval of Draft Bylaw for Public Consultation

Agenda item 5.6 document number A3287395, pages 178 - 190 refers.

Committee Resolution 2021/41

Moved: Cr Felicity Foy

Seconded: Chair Rachel Smith

That the Strategy and Policy Committee:

a) approves the proposal for a new On-site Wastewater Disposal Systems Bylaw in Attachment 1 to be released for public consultation to meet the requirements of section 156 of the Local Government Act 2002.

b) agrees the period for making written submissions on the proposal be from 13 September 2021 to 15 October 2021.

c) agrees the Committee will hear any people wanting to present their submissions orally on Tuesday 26 October 2021 and agrees to delegate, to the Chair, the power to change the date of the oral presentations of submissions.

d) directs Council staff to make all necessary logistical arrangements for people to be heard, on 26 October 2021, either in person in the Council Chambers or online via Microsoft Teams.

In Favour: Crs Rachel Smith, David Clendon, Mayor John Carter, Deputy Mayor Ann Court, Dave Collard, Felicity Foy, Kelly Stratford, Moko Tepania, John Vujcich and Member Belinda Ward

Against: Nil

Carried

6 Information Reports

6.1 Resident Opinion Survey 2020/2021

Agenda item 6.1 document number A3367554, pages 191 - 286 refers.

Committee Resolution 2021/42

Moved: Cr Moko Tepania

Seconded: Cr John Vujcich

That the Strategy and Policy Committee receive the report Resident Opinion Survey 2020/2021.

In Favour: Crs Rachel Smith, David Clendon, Deputy Mayor Ann Court, Dave Collard, Felicity Foy, Kelly Stratford, Moko Tepania, John Vujcich and Member Belinda Ward

Against: Nil

.Carried

At 12:15 pm, Mayor John Carter left the meeting

6.2 Kaikohe Civic Hub Working Party update

Agenda item 6.2 document number A3270171, pages 287 - 288 refers.

TŪTOHUNGA / Recommendation

That the Strategy and Policy Committee receive the report Kaikohe Civic Hub Working Party update.