Agenda of Regulatory Compliance Committee Meeting

	Authorising Body	Mayor/Council
	Status	Standing Committee
COUNCIL COMMITTEE	Title	Regulatory Compliance Committee Terms of Reference
	Approval Date	19 December 2019
	Responsible Officer	Chief Executive

Purpose

The purpose of the Regulatory Compliance Committee (the Committee) is to implement and monitor regulatory compliance and statutory matters on behalf of the Governing Body. The Committee will conduct hearings (except those under the Resource Management Act 1991) and undertake any functions as requested or delegated by Council from time to time provided the functions conform to the Local Government Act 2002.

The Committee will have functional responsibility for the following aspects:

· Hearings (excluding RMA and DLC)

· Regulatory activities

· Regulatory policies and bylaws

· Regulatory compliance

· Mana Whakahono

To perform his or her role effectively, each Committee member must develop and maintain his or her skills and knowledge, including an understanding of the Committee’s responsibilities and key legislation.

Delegations

The Regulatory Compliance Committee shall have the following delegated powers and be accountable to Council for the exercising of these powers. In exercising the delegated powers, the Regulatory Compliance Committee will operate within:

· policies, plans, standards or guidelines that have been established and approved by Council.

· the overall priorities of Council.

· the needs of the local communities; and

· the approved budgets for the activity.

Power to Delegate

The Regulatory Compliance Committee may not delegate any of its responsibilities, duties or powers.

Membership

The Council will determine the membership of the Regulatory Compliance Committee.

The Regulatory Compliance Committee will comprise of at least six elected members (one of which will be the chairperson).

When the Regulatory Compliance Committee is meeting as a Hearing Committee, the Chairperson and a majority of the Committee members must be accredited commissioners under the relevant Act.

When the Regulatory Compliance Committee is meeting as a Hearing Committee, the Chairperson shall hold the ‘chair certification' as per the Act.

The Committee membership for each hearing shall be appointed by the Chairperson of the

Regulatory Compliance Committee together with the Chief Executive and will normally comprise the core Regulatory Compliance Committee members.

The Regulatory Compliance Committee will comprise of at least six elected members (one of which will be the chairperson).

Mayor Carter

Kelly Stratford – Chairperson

Dave Collard – Deputy Chairperson

John Vujcich

Rachel Smith

David Clendon

Ann Court

Belinda Ward – Bay of Islands-Whangaroa Community Board Chair

Non-appointed Councillors may attend Regulatory Compliance Committee (but not Hearings) with speaking rights, but not voting rights.

Quorum - Committee

The quorum at a meeting of the Regulatory Compliance Committee is 4 members.

Frequency of Meetings

The Regulatory Compliance Committee shall meet every 6 weeks but may be cancelled if there is no business.

Committees Responsibilities

The Committees responsibilities are described below:

Hearings, Objections and Appeals

· Conduct hearings, as delegated by Council, in accordance with the relevant legislative and policy requirements (excluding Resource Management Act and District Licensing)

· Approve and monitor Council’s list of hearing Commissioners for Resource Management Act and District Licensing hearings.

Regulatory Activities

· Assess and provide advice to Council on level of service and policy issues relating to:

o regulatory matters; and

o provision of services

· Reviewing and making recommendations to the Chief Executive in respect to functions and activities within the purpose of the Committee regarding codes of practice.

Policies and Bylaws

· Recommend the development and review of Council’s regulatory policies and district bylaws

· Make a recommendation where in a bylaw the Council has specified that a matter be regulated, controlled or prohibited by the Council by resolution (eg dog areas under the dog control bylaw, speed limits)

Compliance

· Ensure that Council’s planning and regulatory functions comply with legislative requirements and Council policy and processes

· Monitor operational functions comply with legislative requirements and Council policy

o BCA (building consents)

o RMA (resource consents)

· Ensure that consents associated with Council's infrastructure are being met and renewals are planned for

· Receive traffic light reports on regulatory compliance (policy, plans, functions and bylaws) such as:

o District Plan (when proposed)

o Building Act

o Resource Management Act

o Licences (various acts)

o Animal management

Mana Whakahono-ā-Rohe (Mana Whakahono)

· Monitor regulatory matters arising from Mana Whakahono under the Resource Management Act 1991.

The committee seeks to foster and encourage participation and engagement with constituents.

HEARINGS, OBJECTIONS AND APPEALS

Regulatory Compliance Committee, meeting as a Hearing Committee

The Regulatory Committee, when meeting as a Hearing Committee, shall be delegated authority to hear and determine matters as follows:

Public Works Act 1981

Public work requirements.

Local Government Act 2002

Objections against the construction of public works on private land.

Local Government Act 1974

Objections and appeals to road stopping proposals.

Fencing of Swimming Pools Act 1987

Applications for exemption, waiver or compliance.

Delegated decisions

· Requests for review or objections to delegated decisions by the Committee and/or delegated officers.

· Appeals against decisions made by officials acting under delegated authority in accordance with approved Council Policy.

Dog Control Act 1996

Objections.

Gambling Act 2003, Health Act 1956 and Building Act 2004

Hearings, objections and related matters.

And any other such matters as required under the legislation (but not Resource Management Act or the Supply and Sale of Alcohol Act for matters outside the district licensing committee).

Rules and Procedures

Council’s Standing Orders and Code of Conduct apply to all the committee’s meetings.

Annual reporting

The Chair of the Committee will submit a written report to the Chief Executive on an annual basis. The review will summarise the activities of the Committee and how it has contributed to the Council’s governance and strategic objectives. The Chief Executive will place the report on the next available agenda of the governing body.

REGULATORY COMPLIANCE COMMITTEE - MEMBERS REGISTER OF INTERESTS

Name	Responsibility (i.e. Chairperson etc)	Declaration of Interests	Nature of Potential Interest	Member's Proposed Management Plan
Hon John Carter QSO	Board Member of the Local Government Protection Programme	Board Member of the Local Government Protection Program
Hon John Carter QSO	Carter Family Trust
Kelly Stratford (Chair)	KS Bookkeeping and Administration	Business Owner, provides bookkeeping, 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			Will not discuss work/governance mattes that are confidential
	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
	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
Kelly Stratford - Partner	Māori title land – Moerewa	Shareholder	None perceived	If there was a conflict of interest, I would step aside from decision making
David Collard (Deputy Chair)	Snapper Bonanza 2011 Limited	45% Shareholder and Director
David Collard (Deputy Chair)	Trustee of Te Ahu Charitable Trust	Council delegate to this board
David Clendon	Chairperson – He Waka Eke Noa Charitable Trust	None		Declare if any issue arises
	Member of Vision Kerikeri	None		Declare if any issue arises
	Joint owner of family home in Kerikeri	Hall Road, Kerikeri
David Clendon – Partner	Resident Shareholder on Kerikeri Irrigation
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.
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
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
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

Regulatory Compliance Committee Meeting Agenda

12 October 2021

MINUTES OF Far North District Council
Regulatory Compliance Committee Meeting
HELD AT THE Held Electronically via Microsoft Teams
ON Tuesday, 7 September 2021 AT 1.03 pm

PRESENT: Chairperson Kelly Stratford, Cr Dave Collard, Cr David Clendon, Deputy Mayor Ann Court, Cr Rachel Smith, Cr John Vujcich, Member Belinda Ward

IN ATTENDANCE: Adele Gardner – Te Hiku Community Board Chairperson

STAFF PRESENT: Dean Myburgh (General Manager Districts Services), Darren Edwards (General Manager Strategic Planning and Policy)

1 Karakia TimatAnga – Opening Prayer

Member Stratford opened the meeting with a karakia/prayer.

The meeting was adjourned from 1.05 pm to 1.17 pm.

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

Nil

3 Ngā Tono Kōrero / Deputation

Nil

4 Confirmation of Previous Minutes

4.1 Confirmation of Previous Minutes

Agenda item 4.1 document number A3052646, pages 14 - 18 refers.

Resolution 2021/23

Moved: Member Belinda Ward

Seconded: Cr Dave Collard

That the Regulatory Compliance Committee confirms that the minutes of the meeting of the Committee held 20 July 2021 are a true and correct record.

In Favour: Chairperson Kelly Stratford, Crs Dave Collard, David Clendon, Ann Court, Rachel Smith, John Vujcich and Belinda Ward

Against: Nil

Carried

5 Information Reports

5.1 Annual Report on Dog Control Policy and Practices 2020/2021

Agenda item 5.1 document number A3336354, pages 19 - 34 refers.

Resolution 2021/24

Moved: Cr John Vujcich

Seconded: Cr Rachel Smith

That the Regulatory Compliance Committee receive the report Annual Report on Dog Control Policy and Practices 2020/2021.

In Favour: Chairperson Kelly Stratford, Crs Dave Collard, David Clendon, Ann Court, Rachel Smith, John Vujcich and Belinda Ward

Against: Nil

Carried

5.2 Significant Flora and Fauna Assessment under the Operative District Plan and Draft Proposed District Plan

Agenda item 5.2 document number A3346399, pages 35 - 46 refers.

Resolution 2021/25

Moved: Cr John Vujcich

Seconded: Cr Dave Collard

That the Regulatory Compliance Committee receive the report Significant Flora and Fauna Assessment under the Operative District Plan and Draft Proposed District Plan.

In Favour: Chairperson Kelly Stratford, Crs Dave Collard, David Clendon, Ann Court, Rachel Smith, John Vujcich and Belinda Ward

Against: Nil

Carried

5.3 Resource Consent Update

Agenda item 5.3 document number A3346401, pages 47 - 55 refers.

Resolution 2021/26

Moved: Member Belinda Ward

Seconded: Cr Rachel Smith

That the Regulatory Compliance Committee receive the report Resource Consent Update.

In Favour: Chairperson Kelly Stratford, Crs Dave Collard, David Clendon, Ann Court, Rachel Smith, John Vujcich and Belinda Ward

Against: Nil

Carried

Note: The Chair and the General Manager of District Services will discuss offline what a joint building/resource consent model would look like e.g Northland Transport Authority, to help retain staff and the ability to maintain the high level of service currently provided.

5.4 District Services Monthly Business Report for July 2021

Agenda item 5.4 document number A3349642, pages 56 - 95 refers.

Committee Resolution 2021/27

Moved: Cr John Vujcich

Seconded: Cr Dave Collard

That the Regulatory Compliance Committee receive the report District Services Monthly Business Report for July 2021.

In Favour: Chairperson Kelly Stratford, Crs Dave Collard, David Clendon, Ann Court, Rachel Smith, John Vujcich and Belinda Ward

Against: Nil

Carried

5.5 Regulatory Compliance Committee Action Sheet Update September 2021

Agenda item 5.5 document number A3352204, pages 96 - 97 refers.

Resolution 2021/28

Moved: Member Belinda Ward

Seconded: Cr John Vujcich

That the Regulatory Compliance Committee receive the report Action Sheet Update September 2021.

In Favour: Chairperson Kelly Stratford, Dave Collard, David Clendon, Ann Court, Rachel Smith, John Vujcich and Belinda Ward

Against: Nil

Carried

Note: Chairperson Stratford and Cr Smith will follow up on the delegation in relation to the parking offences and on the State Highways in the Far North District.

6 Karakia Whakamutunga – Closing Prayer

Chairperson Stratford closed the meeting with a karakia/pryaer.

7 Te Kapinga Hui / Meeting Close

The meeting closed at 2.32 pm.

The minutes of this meeting will be confirmed at the Regulatory Compliance Committee meeting to be held on 19 October 2021.

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

CHAIRPERSON

Regulatory Compliance Committee Meeting Agenda

12 October 2021

5 Information Reports

5.1 Noise Control and Parking Enforcement Update

File Number: A3404022

Author: Rochelle Deane, Manager - Environmental Services

Authoriser: Dean Myburgh, General Manager - District Services

TAKE PŪRONGO / Purpose of the Report

To report to the committee on:

· The number of noise related RFSs received and response times

· The number of noise abatements issued

· The number of parking infringements issued, the type, and locations

· The effectiveness of the noise control contract (and renewal of contract timeframes)

· The effectiveness of the parking enforcement and further options

WHAKARĀPOPOTO MATUA / Executive SummarY

This report is an update on noise and parking enforcement activities in the district, between 1 January 2021 and 31 August 2021, this being the period since the last Committee report received 9 February 2021.

Noise

To ensure compliance with the Resource Management Act for noise pollution, First Security is contracted to FNDC to respond to noise complaints across the district.

The performance measure in place for noise complaints is to respond within the following timeframes:

· Urban areas: 1 hour

· Rural areas: 2 hours

The current KPI performance measure for Council’s level of service is to respond to complaints ≥95% within the set time. There has been a total of 784 noise RFS received between 1 January 2021 to August 2021. This is 109 more complaints than for the same period last year. This is largely due to Covid Alert Level 4 restrictions during March and April last year when noise complaints were not responded to.

90% of these complaints were categorised as urban complaints, however within the contract there is no mapped definition of rural and urban. These locations have been defined by the administration team where urban is seen to be the main residential and industrial areas (Kerikeri, Kaikohe, Kawakawa, Moerewa, Kaitaia, Russel, and Paihia). There has been a gradual improvement in rural response times, with a percentage average of 86% achieved from January to end of August. Urban response times remain low for this same period with an average of 78%.

Police resourcing has, at times, influenced meeting levels of service, as Police are required to be present when completing a seizure and to assist entry on to a number of ‘red flagged’ properties in the district (i.e. properties where threats and aggressive behaviour by occupants has been experienced on previous visits and registered in the Council system). The have been 144 verbal warnings, 76 Excessive Noise Directives (END’s) issued, and 7 seizures performed since January 2021.

The Security Services Contract with First Security remains on an extension for Council to undertake a service delivery review. This contract currently includes building security, alarm monitoring and cash collection.

A separate contract specific to Noise Control that reflects Council’s levels of service expectations and performance indicators is currently being explored. This would provide clearer definitive areas for response times and include a coastal zone, where travel times are extended.

First Security are committed to make improvements to meet KPI targets and provide a better service.

Parking Enforcement

Parking Wardens are warranted under the Land Transport Act 1998 to enforce the provisions of any stationary vehicle offence or special vehicle lane offence. The Council’s sole Parking Warden monitors all parking across the district focusing on central business districts on Council-controlled roads. We are currently seeking a delegation agreement for enforcement on State Highway between Waka Kotahi (NZTA) and FNDC.

There were 431 parking infringements issued between 1 January 2021 and 31 August 2021, slightly less than for the same period last year (448). Most infringements issued within the district are for the breaching of parking time limits in the areas of Kerikeri and Paihia. People parking in areas reserved for disabled persons without a permit also requires ongoing monitoring and enforcement across the district.

TŪTOHUNGA / Recommendation

That the Regulatory Compliance Committee receive the report Noise Control and Parking Enforcement Update.

tĀHUHU KŌRERO / Background

Noise

The Council can step in when noise being generated is excessive and causing a disturbance to others. Excessive noise is any noise that is under human control and of such a nature as to unreasonably interfere with the peace, comfort and convenience of any person. Examples of excessive noise are noise from a loud party (people noise), stereos, band practices, burglar alarms or machinery.

There is no one set level for noise that is acceptable. The level of noise that is acceptable varies according to location of neighbours, time of day, zone you live/work in, presence of sound barriers and the type of noise. The same noise levels during the day may not be acceptable at night. Under the Resource Management Act (1991), FNDC has the power to control excessive or unreasonable noise. FNDC currently contracts this service to First Security.

If a Noise Control Officer is called out to investigate noise they will determine if the noise is reasonable and within permissible levels.

· It is not necessary to use monitoring equipment to determine if the noise is excessive.

· The noise may have ceased or subsided or be deemed not excessive by the Officer.

· If the noise is deemed to be excessive, a Noise Control Officer may give a verbal warning or serve a written direction to reduce the noise. This is in force for up to 72 hours.

· If the noise continues, recurs or increases and the written direction has been breached, the Officer and the police can seize the equipment.

· If seizure is not possible a notice of Non-Compliance with Direction to Abate Excessive Noise is issued, and prosecution may result. Fines of up to $10,000 may apply.

Parking

Parking infringements fees are set by legislation and of low monetary value in comparison to other legislation penalties for offences, as a result income from enforcement is minimal– see attachment A, Parking Infringement Fees.

Following the VADE model, the aim, however, is to encourage voluntary compliance and having the presence of a warden and an educational approach encourages this within the community.

Vehicle Warrant of Fitness and Registration Parking Trial

It is illegal to operate a vehicle without a valid and visible WoF and Registration unless driving directly to a place where repairs will be conducted. Council Parking Wardens are authorised to enforce these provisions on stationary vehicles.

Government makes the regulations that prescribe the fees for these offences. Council does not have the ability to change the amount. The fine amount is $200 for not displaying or having an outdated WoF/Registration. Waka Kotahi have recently released ‘Road to Zero – NZ’s road safety strategy, which sets a target to reduce deaths and serious injuries on New Zealand roads, streets, cycleways and footpaths by 40 percent over the next 10 years.

One key focus area under ‘Road to Zero’ is vehicle safety.

It is important that a vehicle always remains safe to drive and can prevent a crash or protect its occupants to reduce the numbers of deaths and injuries on our roads. A warrant of fitness (WoF) is a regular check to ensure that a vehicle meets required safety standards. Council Parking Wardens can play an important role to ensure that there a fewer unsafe and unregistered vehicle on our roads across the district. FNDC wardens to date have not been enforcing this requirement across the district.

At the May 2021 Regulatory Compliance Committee Meeting it was approved to trial the enforcement of stationary vehicle Warrant of Fitness (WoF) and Vehicle Registrations across the Far North District for a period of 12 months. This trial commenced 1 July 2021.

State Highway Delegation

Waka Kotahi (the NZ Transport Agency) has sole powers of control for all purposes of all state highways under the Government Roading Powers Act 1989 (GRPA).

Section 62(1) of the GRPA, authorises the Transport Agency to delegate to territorial authorities all or any of the functions, duties, and powers of control conferred on the Transport Agency by the GRPA with respect to any state highway or any portion of a state highway where it makes good sense for the Council to perform that role.

One of the powers the agency can delegate to council is for stationary vehicle offences via an Instrument of delegation

If delegations are received it allows Council to.

(a) put vehicle parking restrictions on state highways in our bylaw, and

(b) enforce stationary vehicle offences on state highways.

At the May 2021 Regulatory Compliance Committee Meeting it was approved to seek delegation from Waka Kotahi for the power to enforce any stationary vehicle parking restrictions on State Highway on behalf of the agency.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

The following graph shows the total numbers of noise complaints received from 2019 to present. Noise Control is not deemed to be an essential service in Covid Alert Level 4 lockdowns, and the graph shows a significant decrease in these periods in the respective years. There is an expected increase over the summer months where there are more social gatherings and holiday periods.

The graph below shows First Security response times as a percentage towards KPI achievement. There has been a gradual improvement in rural response times, with a percentage of 86% from January to end of August.

Urban response times remain lower on average for this same period with 78%.

Response times are often affected by the availability of Police to assist to enter on to properties and the distance required to travel to respond.

Rural on time (Less than 2 hours)

Urban on time (Less than 1 hour)

Between 1 January and 31 August 2021 there have been 76 Excessive Noise Direction (END) notices issued, 144 verbal warnings and seven seizures performed.

action Taken January 2021 to August 2021	Count
Abatement notice issued	0*
Seizure performed	7
Excessive Noise Directive issued (END’s)	76
Verbal warning	144

*In the previous report END’s have been incorrectly reported to FNDC by the Contractor as abatement notices. The data was subsequently entered into Pathways resulting in incorrect reporting by FNDC. Only FNDC issues abatement notices for noise. This has come about due an outdated END form being used by First Security officers that had some confusing wording around END’s and abatement notices. A new, accurate form has now been drafted and is being sent to the printers for new books to be made. First Security have also been made aware to only report on END’s.

Parking Enforcement

There were 431 parking infringements issued between 1 January 2021 and 31 August 2021, slightly less than for the same period last year (448). Due to a resignation, during January and February 2021 there was no parking warden, so no proactive enforcement was undertaken. Any parking RFSs received during this time was actioned by the Monitoring team. The new Parking Warden commenced training in February 2021 and began enforcement in March 2021. The Parking Warden did not operate during Alert Levels 4 and 3 and recommenced duties in Alert Level 2 (8 September 2021).

The most common offence type is for parking in breach of the time limit. Parking in areas reserved for disabled persons also require ongoing enforcement in the community throughout the year

Parking Offence	Q3 2020/21	Q4 2020/21	*Q1 2021/22 to end of August**
Inconsiderate Parking	2	5	5
Incorrect Angle Parking	2	2	0
Incorrect Kerb Parking – left side	6	14	1
Parked in a prohibited area	9	12	3
Parked in area reserved for disabled persons	21	38	5
Parked in area reserved for hire/reward vehicles	4	5	0
Parked on a loading zone	2	7	1
Parked on a broken yellow line	2	7	5
Parked on footpath	1	15	1
Parking in breach of time limit 0 – 30	14	35	6
Parking in breach of time limit 31 – 60	31	74	18
Parking in breach of time limit 61- 120	18	81	9
Parking in breach of time limit 121 - 240	16	42	8
Parking in breach of time limit 241 – 360	2	8	1
Parking in breach of time limit 361 – 1000	1	0	0
Parked within 6 metres of an intersection	0	0	1

Kerikeri and Paihia have the highest number of infringements issued across the district. This is due to a higher demand for carparks in these areas and an increased presence in these areas by the warden during busy periods. It should be noted that, until delegations are obtained from Waka Kotahi for enforcement on State Highways, all parking infringement statistics exclude these areas, e.g., Marsden Road in Paihia.

Parking Infringements Issued by Suburb January – August 2021

Suburb	January	February	March	April	May	June	July	August
Kaitaia	0	0	0	4	3	2	2	7
Kerikeri	0	2	32	49	44	47	14	19
Paihia	0	0	34	53	35	36	13	9
Kaikohe	0	0	0	0	0	0	0	0

Vehicle Warrant of Fitness and Registration Trial

From 1 July 2021 to 16 August 2021 (Alert Level 4 commencement) flyers advertising that FNDC will begin to monitor vehicles not displaying a current warrant of fitness and/or current license were distributed in the main towns in the Far North. These towns were Kaitaia, Kerikeri, Paihia and Kaikohe.

During normal patrols, the Parking Officer, kept a record of how many vehicles were not displaying a current warrant of fitness and/or license from the total number sighted. Unlicensed vehicles were more common than unwarranted in all areas. Kaitaia and Kaikohe had the highest number of non-compliant vehicles with 15% unlicensed and 5-6% unwarranted.

During the flyer period, the public have given mixed feedback to the trial, with some being outraged believing FNDC were on a revenue gathering exercise in areas of low income, whilst others have thanked FNDC for the reminder that their vehicles license had expired. It was decided to extend the education (flyer) period from one to two months prior to enforcement giving the community further time to become compliant.

All FNDC system updates are now completed, and Council can now issue infringements for $200 for not displaying a current warrant of fitness and/or current license.

Due to the lock down period Waka Kotahi have provided temporary extensions on both licenses and warrants which came into effect on 15 September. This allows for any WoF’s or Registration Licenses that expire during the period of 21 July 2021 to 30 November 2021, to have a renewal date extension to 30 November 2021.

At this time the focus is on vehicles that have not had a warrant for six months or more. If an infringement is issued all offenders will be given opportunity to obtain a warrant within 56 days. Evidence of a new warrant will be grounds for the infringement to be waived.

FNDC are currently exploring options to work with the Ministry of Social Development (MSD), and other budgeting organisations to assist and encourage vehicle owners towards compliancy rather that infringement payments.

State Highway Delegation

Council is currently determining which parts of state highway across the district are appropriate to include in the parking bylaw and receive delegation for. Once the delegation has been prepared, including the appendix of the locations of parking restrictions on state highways, we will incorporate the locations by cross referencing those in our new bylaw.

The delegation does not give the Council the power (or responsibility) to create new parking restrictions on state highways, the delegation is only about enforcement, i.e. parking warden issuing tickets. The decision to have parking restrictions or change them is, and always will be, for Waka Kotahi to make. Even when they are added into our bylaw, they will only be amended if/as directed by Waka Kotahi.

The delegation allows FNDC to enforce any restrictions on behalf of Waka Kotahi.

PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision

There are no financial or resource implications associated with this report.

Āpitihanga / Attachments

1. Attachment A - Parking Infringement Fees - A3420857 ⇩

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 – this matter does not meet the criteria/threshold for a matter of significance
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 Act 2002 FNDC Parking and Traffic Control Bylaw 2010 Resource Management Act 1991 Land Transport Act 1998 Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011 Land Transport (Offences and Penalties) Regulations 1999 LTP Community Outcomes: Communities that are healthy, safe, connected and sustainable.
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 Significance
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.	No specific implications
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.	Information report only
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Regulatory Compliance Committee Meeting Agenda

12 October 2021

5.2 Environmental Health Services: Food Licensing Update

File Number: A3414998

Author: Rochelle Deane, Manager - Environmental Services

Authoriser: Dean Myburgh, General Manager - District Services

TAKE PŪRONGO / Purpose of the Report

To provide an update to the committee on Food Licensing in the District, reporting on:

· The number of premises registered

· The number of food verifications completed

· The number of complaints received, and enforcement action taken

· Recognised Agency Assessment

· Impact of COVID-19

· Mobile Shop, Street Stall and Alfresco Dining Approvals

WHAKARĀPOPOTO MATUA / Executive SummarY

The Far North District Council, as a territorial authority, is deemed a recognised agency under the Food Act 2014 (s137) and is therefore authorised to act as a verification agency (FVA) for template food control plans operating entirely within the Far North District area and where the sales are primarily directly to consumers.

The Food Act 2014 (the Act) aims to ensure that food sold throughout New Zealand is safe. A central feature of this legislation is a sliding scale where businesses that are higher risk, from a food safety point of view, will operate under more stringent food safety requirements than lower-risk food businesses. The Food Act 2014 promotes food safety by focusing on the processes of food production, not the premises where food is made.

This report is an update on food licencing activities in the district, between 1 April 2021 and 31 August 2021, the period since the last Committee report received 4 May 2021.

TŪTOHUNGA / Recommendation

That the Regulatory Compliance Committee receive the report Environmental Health Services: Food Licensing Update.

tĀHUHU KŌRERO / Background

Food businesses can fall into two food safety measure groups:

Food Control Plans: Written plans for managing food safety on a day-to-day basis. These are used by higher-risk businesses.

National Programmes (1-3): A set of food safety rules for medium and low-risk businesses. Although a written plan is not required, these businesses still need to register, meet food safety standards, keep some records, and be verified.

The focus of the Food Act 2014 is for verifiers to focus on what is most important for achieving food safety at each type of business. Guidelines for verifiers are aimed at supporting them to use their professional judgement and technical expertise.

The Act introduced a verification based method to check that food operators conform to procedures outlined in their documented plan or programme. This is different to the previous inspection regime used under the Health (Registration of Premises) Regulations 1966.

FNDC, as a territorial authority, is deemed a recognised agency under s137 of the Act and is therefore authorised to act as a verification agency for template food control plans operating entirely within the Far North district and where the sales are primarily directly to consumers.

There is also a requirement for council to apply for approval from the Ministry of Primary Industries (MPI) to verify certain businesses subject to National Programmes. FNDC currently holds a Notice of Recognition, issued (under delegation) by the Chief Executive of the MPI to verify National Programmes.

MPI has independently assessed staff at the Far North District Council and confirmed technical, legislative, verification and quality management system competencies to provide verification services in the following areas:

Template Food Control Plans (FCP)

• Section 39 template food control plans registered by the Far North District Council where the business is only in the Far North District and sells primarily directly to consumers

• Section 40 template food control plans with food service or food retail focus as specified in the food notice

National Programme 1 (NP1)

• Extract or pack honey

• Make sugar molasses, syrups or related products

• Sell tea, coffee, hot chocolate and packaged shelf stable food only

• Sell packaged ice creams, ice blocks or similar items only

• Store or transport food only

National Programme 2 (NP2)

Manufacture:

• Bread, fruit loaves, bagels pita bread etc.

• Cereals, biscuits and crackers

• Crisps, popcorn and other snack foods

• Peanut butter, jams, pickles and chutneys

• Confectionery, chocolate and icing

• Ice, iced confectionery and iced desserts

• Frozen, dried or dehydrated fruits and vegetables

Sell:

• Chilled or frozen foods

Process:

• Nuts and seeds

Serve:

• Food at an early childhood education centre (ECE) / Kōhanga Reo

National Programme 3 (NP3)

• Brew, distil, manufacture alcoholic beverages (not including wine), vinegar or malt extract

• Manufacture non-alcoholic beverages

• Manufacture oils or fats (other than butter) for human consumption

• Process grain (includes milling, malting rolling and roasting)

• Handle food for retail (includes scooping ice cream and reheating manufacture prepared food)

• Process herbs or spices (includes loose tea)

• Manufacture dry mix products (includes cake mixes, powdered desserts, drinks, flavourings and soups)

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Food Premises Registered

As of 1 September 2021, FNDC have 476 food premises registered in the district. This is 12 more

premises than in the 2020/2021 period.

Covid related uncertainties and lower visitor numbers do not currently appear to have had

an effect on the number of food businesses registered with the Far North District Council.

Program	Number of Premises
Template Food Control Plan (FCP)	308
National Program 1 (NP1)	47
National Program 2 (NP2)	41
National Program 3 (NP3)	80

A breakdown of food premise registration type and ward is as follows:

Template Food Control Plan (FCP)

Bay of Islands-Whangaroa Ward	193
Kaikohe-Hokianga Ward	39
Te Hiku Ward	76

National Programme (NP1)

Bay of Islands-Whangaroa Ward	23
Kaikohe-Hokianga Ward	3
Te Hiku Ward	21

National Programme (NP2)

Bay of Islands-Whangaroa Ward	20
Kaikohe-Hokianga Ward	4
Te Hiku Ward	17

National Programme (NP3)

Bay of Islands-Whangaroa Ward	34
Kaikohe-Hokianga Ward	18
Te Hiku Ward	28

Food Verifications

A food premise operator is required to renew their registration, where the renewal frequency depends on the type of registration held. Food Control Plans require annual renewals and National Programs require renewal every two years.

Between 1 April 2021 to 31 August 2021, there have been 131 verifications completed by the

Environmental Health Services team.

120 of these verifications had an “acceptable outcome” and 11 of these verifications had an “unacceptable outcome”.

If an unacceptable outcome has been achieved from an initial verification or a subsequent

verification, the verifier must determine whether the operator is:

· Willing and able to comply

· Unwilling and unable to comply

· There is an immediate risk to public health.

Of the 11 unacceptable outcomes, all operators were willing and able to comply with no immediate risk to public health.

If it is an unacceptable outcome the period between verifications shortens which increases the

running costs for an operator.

The frequency of verification depends on the type of registration that an operator holds. As an

incentive for operators who are compliant with food safety as per their registered FCP of NP the

frequency period between verifications can be extended which is a cost saving to the operator.

Food Control Plan

National Programme

Complaints Received

Between 1 April 2021 and 31 August 2021, there have been 17 complaints received via the

FNDC Request for Service platform.

Type of Complaint	Total Number Received
Complaint regarding food premise staff	0
EHO Behaviour	0
Food Poisoning	2
Hygiene of Premises	3
Labelling of Product	3
Drinking Water Availability	0
Operating during lockdown	0
Sale of expired product	0
Unregistered Operator	8
Water Quality Issues	1
Total	17

All complaints received are investigated and the appropriate action taken to resolve the issue. The EHS team uses the compliance model called “VADE – Voluntary, Assisted, Directed, Enforced” approach when dealing with compliance issues.

In most instances, the Environmental Health Services team have been able to actively work with the operators to achieve positive outcomes.

In April 2021, the food infringement process was introduced in the FNDC Pathway system allowing an Environmental Health Officer (EHO) to serve an infringement notice for any breach or offence under the Food Act 2014.

Since the introduction, one food infringement notice has been issued to an unregistered operator in Kaikohe. This infringement notice relates to seven of the RFS complaints for “Unregistered Operator”. This Operator was not prepared to adhere to their responsibilities under the Act leading to the issuing of an infringement notice.

Recognised Agency Remote Surveillance Assessment

In January 2021 FNDC (the Food Verification Agency) underwent a remote surveillance assessment by IANZ on behalf of MPI to ensure requirements of an Agency were being met. IANZ recommended that FNDC continues to meet the requirements to be a Recognised Agency to conduct verification services under the Food Act 2014. A copy of the report was circulated in the previous Committee meeting held on 4 May 2021: Attachment A.

Overall, the assessment was an excellent result for the Food Verification Agency (FVA) and one to be commended.

To address the three non-conformances that were identified action plans have now been developed and accepted to address these and they will be closed out by MPI at the next audit scheduled for January 2022.

The non-conformances were:

Businesses with expired and overdue registrations

The Food Verification Agency (FVA) has now reviewed and amended the process for businesses with expired and overdue registrations.

The FVA has issued 11 ‘cease trading’ directions to businesses who have failed to renew their registration. Of these 11, six businesses obtained a new registration and can now operate. The remaining five have ceased trading or are no longer in operation.

The FVA has also implemented a new process called ‘Intention to Suspend Registration’. This process has provided a useful tool when trying to confirm a verification appointment with an operator. If an operator fails to respond to our attempts to schedule a verification, we can suspend their registration until such time a verification is carried out.

An internal audit of the FVA’s ‘Expired Registrations’ and ‘Overdue Verifications’ process was conducted by the District Services Manager – Quality in June 2021. The outcome of these audits confirmed that the FVA now has an established process for managing expired registrations and this has been consistently and effectively implemented.

Competence assessment forms

The forms have now been reviewed and amended.

Recording decisions on competency

The Competency Matrix has now been reviewed and amended.

Quality Manager’s Annual Report

On the 18 August 2021, the District Services Manager – Quality provided an annual report providing a snapshot view of the annual auditing programme for the FVA. The annual report confirmed that the FVA has a robust auditing programme and systems in place, designed to support its quality objective. A copy of this annual report is found in attachment B of this report.

The Impact of COVID

It appears that COVID19 restrictions have not had an impact on the number of registrations held with the Far North District Council, with a slight increase in numbers held over the past six months.

It is expected, however that the recent lock down may have an impact on the operations of some food businesses with a loss of income due to not being able to trade during Alert Level 4 and the ongoing cost to comply with the Food Act 2014 requirements (registration fee and verification fees).

One business has notified the FVA of the financial impact caused by COVID19 and the Environmental Health Services team have worked with the Debt Management team to implement a time payment plan for this operator. Any notification of hardship will be managed on a case-by-case basis.

The FVA has also been impacted by the recent lockdown with the MPI issuing a directive that “onsite verifications” are not permitted until the return to level one.

Instead of an “onsite verification” the FVA has been encouraged to perform remote checks for businesses who meet the criteria of a “remote check”. The criteria for a remote check are that it is not the businesses initial verification and there are no previous non-compliance issues.

The FVA has carried out 7 “remote checks” since 17 August 2021, when level four was declared.

Many food businesses are unable to schedule a “remote check” due to inadequate technology to undergo a “remote check”, or language barriers.

MPI has advised that there is an extension to verifications due to the impact of Covid alert levels and have allowed the FVA six months to complete the overdue verifications. The FVA are currently looking at having a backlog of over 140 verifications to complete by 31 December 2021 at the time of writing this report.

Over alert levels, the FVA circulated important COVID19 information to all registered food businesses. These communications detailed the alert level restrictions and helped to educate the businesses of what was permitted trading.

Mobile Shops, Street Stalls and Alfresco Dining – Food Related

The Environmental Health Services team recently took over the processing of applications for Mobile Shop, Street Stall and Alfresco Dining Approvals. This was an operational decision to align internal processes to the department that holds the knowledge around Food Act 2014 requirements.

Mobile Shops

Any person wishing to operate a mobile shop in the Far North District must apply for Council approval to do so.

A mobile shop approval allows an operator to trade for a short period of time in one location before moving on, e.g. an ice cream van.

If the person is proposing to sell food from a mobile shop, they must be registered under the Food Act 2014.

A breakdown of mobile shop approvals that have been issued between 1 April 2021 and 31 August 2021, is as follows:

Bay of Islands-Whangaroa Ward	2
Kaikohe-Hokianga Ward	0
Te Hiku Ward	4

Street Stalls

Any person wishing to operate a street stall in the Far North District must apply for Council approval to do so.

A street stall approval allows an operator to trade from a specific location and is set up for more than 30 minutes, e.g. a bake sale to fundraise for a charitable group like St John Ambulance.

Street stall applications are received from charitable groups and therefore they are not required to be registered under the Food Act 2014, providing they do not exceed 20 occasions each year.

There is no fee for a street stall approval application.

A breakdown of street stall approvals that have been issued between 1 April 2021 and 31 August 2021, is as follows:

Bay of Islands-Whangaroa Ward	4
Kaikohe-Hokianga Ward	7
Te Hiku Ward	3

Alfresco Dining

To use public space for outdoor dining, a person must obtain approval from Council.

Café and restaurant owners benefit from increased business opportunities and the wider community benefits by having a more vibrant commercial sector that is meeting the needs of a more discerning public.

Council has a “Alfresco Dining Policy (#3116) which enables the private use of public spaces for outdoor dining. A person wanting to occupy public space for the purpose of alfresco dining must meet the criteria outlined in the “Alfresco Dining Policy (#3116) before they are issued with approval to occupy a public space.

A breakdown of alfresco dining approvals that have been issued between 1 April 2021 and 31 August 2021, is as follows:

Bay of Islands-Whangaroa Ward	5
Kaikohe-Hokianga Ward	0
Te Hiku Ward	2

The team will be going across the district to identify any businesses who are occupying public space for the purpose of alfresco dining without the required approval and work with them to obtain the necessary approval to do so.

The Environmental Health Services team were scheduled to commence foot patrols across the district in August 2021, however due to the lockdown period this has been rescheduled to take place in September 2021 and October 2021.

Business Improvements within the Food Business Area

Food Business Newsletters

The Environmental Health team is working with the Council’s Communications team to develop quarterly newsletters that will be circulated to registered food businesses as well as being available on the Council website. The intention is to circulate useful information that pertains to food business and help to educate our customers and public around food business requirements. The team expects to release its first edition of a “Spring/Summer Food Business Newsletter” in October 2021.

Website Updates

In July 2021, the team reviewed the content on the Council’s website pertaining to food business. Changes have been made to the website content to ensure customers can navigate the website content more easily and to ensure information is customer friendly.

PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision

The are no financial or resource implications associated with this report

Āpitihanga / Attachments

1. Attachment A MPI Recognised Agency Assessment Report - A3417816 ⇩

2. Attachment B Quality Managers Annual Report 2021 - A3417817 ⇩

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

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 – this matter does not meet the criteria/threshold for a matter of significance
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Food Act 2014 LTP Community Outcomes: Communities that are healthy, safe, connected and sustainable
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.	No specific implications
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).	Information report only
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report

Time:	1.00 pm
Location:	Virtual via TEAMs

Compliance requirement	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.	This report is asking for the minutes to be confirmed as true and correct record, any interests that affect other people should be considered as part of the individual reports.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications or the need for budgetary provision arising from this report.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.