Agenda of Ordinary Council Meeting - Thursday, May 19, 2022

Ordinary Council Meeting Agenda

19 May 2022

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
Hon Mayor John Carter QSO	Carter Family Trust
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
David Clendon – Partner	Resident Shareholder on Kerikeri Irrigation
David Collard	Snapper Bonanza 2011 Limited	45% Shareholder and Director
David Collard	Trustee of Te Ahu Charitable Trust	Council delegate to this board
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.
	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.
	Foy Farms Partnership	Owner and partner in Foy Farms - a farm on Church Road, Kaingaroa
	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.
	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.
	112 Commerce Street Holdings Ltd	Owner of commercial property in Commerce Street Kaitaia.
	Foy Property Management Ltd	Owner of company that manages properties owned by Foy Farms Rentals and Flick Family Trust.
	Previous employment at FNDC 2007-16	I consider the staff members at FNDC to be my friends
	Shareholder of Coastline Plumbing NZ Limited
Felicity Foy - Partner	Director of Coastal Plumbing NZ Limited
Felicity Foy - Partner	Friends with some FNDC employees
Mate Radich	No form received
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
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			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
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

Ordinary Council Meeting Agenda

19 May 2022

6 Confirmation of Previous Minutes

6.1 Confirmation of Previous Minutes

File Number: A3689717

Author: Marlema Baker, Democracy Advisor

Authoriser: Aisha Huriwai, Team Leader Democracy Services

Purpose of the Report

The minutes are attached to allow Council to confirm that the minutes are a true and correct record of previous meetings.

Recommendation

That Council confirms the minutes of the Council meeting held 7 April 2022 and the Emergency Council meeting 9 May 2022 as a true and correct record.

1) Background

Local Government Act 2002 Schedule 7 Section 28 states that a local authority must keep minutes of its proceedings. The minutes of these proceedings duly entered and authenticated as prescribed by a local authority are prima facie evidence of those meetings.

2) Discussion and Options

The minutes of the meetings are attached.

Far North District Council Standing Orders Section 27.3 states that no discussion shall arise on the substance of the minutes in any succeeding meeting, except as to their correctness.

Reason for the recommendation

The reason for the recommendation is to confirm the minutes are a true and correct record of the previous meetings.

3) Financial Implications and Budgetary Provision

There are no financial implications or the need for budgetary provision as a result of this report.

Attachments

1. 2022-04-07 Council Minutes - A3655022 ⇩

2. 2022-05-09 Council Emergency Meeting Minutes - A3703056 ⇩

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.

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 for 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 (for example, youth, the aged and those with disabilities).	This report is asking for 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.

Ordinary Council Meeting Agenda

19 May 2022

7 Reports

7.2 Committee Recommendations and Resolutions - May 2022

File Number: A3690335

Author: Marlema Baker, Meetings Administrator

Authoriser: Aisha Huriwai, Team Leader Democracy Services

TAKE PŪRONGO / Purpose of the Report

· To increase governance oversight of Committee business/discussions.

· Communicate resolutions of Committee meetings.

· Escalate Committee recommendations to Council.

WHAKARĀPOPOTO MATUA / Executive SummarY

· The following Committee meetings have been held since the last ordinary Council meeting.

o 26 April 2022 – Regulatory Compliance Committee

o 27 April 2022 – Assurance, Risk and Finance Committee

o 3 May 2022 – Strategy and Policy Committee

o 4 May 2022 – Infrastructure Committee

· Copies of the Committee meeting minutes are attached for information.

· Links to the agendas containing the reports that formed the basis of recommendations are included in this report.

· The Strategy and Policy Committee and Infrastructure Committee make the following recommendations to Council.

TŪTOHUNGA / Recommendation

That Council:

Climate Change Policy Options Report (Strategy and Policy Committee)

a) approves the development of a climate change policy.

Parking Bylaw – Recommendations for Making New Bylaw (Strategy and Policy Committee)

a) approves, the recommendations in the staff report on submissions to the Parking Bylaw that:

1. No changes are made to clauses 1, 3, 11, 19, 21 and 22

2. Clauses 2, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, and 20 are amended to improve certainty and clarity as per the recommendations in section 4.1 of the staff report Analysis of Submissions – Parking in attachment 1

3. Schedule 1 is amended to extend the bus stop at the end of Kerikeri Road

b) make the Parking Bylaw in attachments 3 to 8 under section 22AB of the Land Transport Act 1998.

c) approve, to revoke the Parking and Traffic Control Bylaw on the same day the Parking Bylaw comes into force.

d) Request that the next opportunity to review the bylaw, incorporate the following points:

1. remove “NO PARKING or STANDING” at all times from community building at Te Pokapu;

2. include Mobility (disabled parking) and other time limited parking in the local road portion of 71 Gillies Street, Kawakawa and the BOI Vintage Railway Station;

3. include off road parking at Te Hononga, Kawakawa.

4. Waipapa Loop Road.

5. Parklets.

6. Kaikohe-Hokianga.

e) Note that;

1. staff are working on scheduling a workshop for further discussion (including enforcement)

2. input will be sought from Community Boards to ensure community feedback can be incorporated.

3. Further amendments can be submitted through Community Boards or workshop to be finalised within a four-month period

Road Use Bylaw - Recommendations For Making New Bylaw (Strategy and Policy Committee)

a) approve the recommendations in the report on submissions to the Road Use Bylaw (Attachment 1) that:

1. The bylaw be made pursuant to both the Local Government Act 2002 and the Land Transport Act 1998.

2. No changes are made to clauses 1, 5, 6, 7, 25, 26, 29, 31, 32, 33, 37, 38, and Schedule 1.

3. Clauses 2, 3, 4, 8, 9, 12, 13, 14, 16, 19, 20, 21, 23, 24, 27, 34, 36, and Schedule 4 are amended to improve certainty and clarity as per the recommendations in section 4.1 of the staff report Road Use Bylaw – Analysis of Submissions in attachment 1.

4. Clauses 10, 11, 15, 17, 18, 22, 28, 30, and 35 are amended to improve certainty and clarity as per the recommendations in section 4.3 of the staff report Road Use Bylaw – Analysis of Submissions in attachment 1.

5. Schedules 2 and 3 are amended to improve certainty and clarity as per the recommendations in section 4.4 of the staff report Road Use Bylaw – Analysis of Submissions in attachment 1.

b) approve the recommendations in the report on submissions to the inclusion of provisions regulating vehicles on beaches in the Road Use Bylaw (Attachment 2) that:

1. No changes are made to clauses 6, 30, 32, 33, 34, 41, and 43, and Schedules 6 and 7.

2. Clause 31 is amended to improve certainty and clarity as per the recommendations in section 4.2 of the staff report Vehicles on Beaches – Analysis of Submissions in attachment 2.

c) approve the Road Use Bylaw in attachment 3:

1. is the most appropriate form of bylaw; and

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

d) make the Road Use Bylaw in attachment 3 pursuant to sections 145 and 146 of the Local Government Act 2002 and section 22AB of the Land Transport Act 1998.

e) approve to revoke the Parking and Traffic Control Bylaw 2010 on the same day the Road Use Bylaw comes into force.

Boat Ramp Study Delivery Plan (Infrastructure Committee)

a) consider the matter of $5 million annually, to be approved for strategic property purchases related to maritime infrastructure to be included in the capital programme commencing 2023/2024, and that an options paper on funding be prepared and an economic impact statement.

tĀHUHU KŌRERO / Background

This is a regular report to provide greater governance oversight of discussions that occur at Committee meetings and to avoid duplication of reading for Councillors for decisions that are recommended to them, from each Committee meeting.

Copies of Committee meeting minutes that have occurred since the last ordinary Council meeting are attached for information.

From time to time, Committee’s discuss items that are outside their delegations. This report, when necessary, will highlight recommendations from each Committee to Council for decision.

Information about Council, Committee or Community Board meetings is publicly available at https://infocouncil.fndc.govt.nz/

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Since the last Council meeting the following Committee meetings have occurred:

26 April 2022 – Regulatory Compliance Committee

Agenda of Regulatory Compliance Committee Meeting - Tuesday, 26 April 2022 (fndc.govt.nz)

The Regulatory Compliance Committee made no recommendations to Council.

27 April 2022 – Assurance, Risk and Finance Committee

Agenda of Assurance, Risk and Finance Committee Meeting - Wednesday, 27 April 2022 (fndc.govt.nz)

The Assurance, Risk and Finance Committee made no recommendations to Council

3 May 2022 – Strategy and Policy Committee

Agenda of Strategy and Policy Committee Meeting - Tuesday, 3 May 2022 (fndc.govt.nz)

The Strategy and Policy Committee made the following recommendations listed below to Council:

That Council:

Climate Change Policy Options Report

a) approves the development of a climate change policy.

Parking Bylaw – Recommendations for Making New Bylaw

b) approves, the recommendations in the staff report on submissions to the Parking Bylaw that:

i) No changes are made to clauses 1, 3, 11, 19, 21 and 22

ii) Clauses 2, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, and 20 are amended to improve certainty and clarity as per the recommendations in section 4.1 of the staff report Analysis of Submissions – Parking in attachment 1

iii) Schedule 1 is amended to extend the bus stop at the end of Kerikeri Road

c) make the Parking Bylaw in attachments 3 to 8 under section 22AB of the Land Transport Act 1998.

d) approve, to revoke the Parking and Traffic Control Bylaw on the same day the Parking Bylaw comes into force.

e) Request that the next opportunity to review the bylaw, incorporate the following points:

7. remove “NO PARKING or STANDING” at all times from community building at Te Pokapu;

8. include Mobility (disabled parking) and other time limited parking in the local road portion of 71 Gillies Street, Kawakawa and the BOI Vintage Railway Station;

9. include off road parking at Te Hononga, Kawakawa.

10. Waipapa Loop Road.

11. Parklets.

12. Kaikohe-Hokianga.

f) Note that;

4. staff are working on scheduling a workshop for further discussion (including enforcement)

5. input will be sought from Community Boards to ensure community feedback can be incorporated.

6. Further amendments can be submitted through Community Boards or workshop to be finalised within a four-month period

Road Use Bylaw - Recommendations For Making New Bylaw

a) approve the recommendations in the report on submissions to the Road Use Bylaw (Attachment 1) that:

i) The bylaw be made pursuant to both the Local Government Act 2002 and the Land Transport Act 1998.

ii) No changes are made to clauses 1, 5, 6, 7, 25, 26, 29, 31, 32, 33, 37, 38, and Schedule 1.

iii) Clauses 2, 3, 4, 8, 9, 12, 13, 14, 16, 19, 20, 21, 23, 24, 27, 34, 36, and Schedule 4 are amended to improve certainty and clarity as per the recommendations in section 4.1 of the staff report Road Use Bylaw – Analysis of Submissions in attachment 1.

iv) Clauses 10, 11, 15, 17, 18, 22, 28, 30, and 35 are amended to improve certainty and clarity as per the recommendations in section 4.3 of the staff report Road Use Bylaw – Analysis of Submissions in attachment 1.

v) Schedules 2 and 3 are amended to improve certainty and clarity as per the recommendations in section 4.4 of the staff report Road Use Bylaw – Analysis of Submissions in attachment 1.

b) approve the recommendations in the report on submissions to the inclusion of provisions regulating vehicles on beaches in the Road Use Bylaw (Attachment 2) that:

i) No changes are made to clauses 6, 30, 32, 33, 34, 41, and 43, and Schedules 6 and 7.

ii) Clause 31 is amended to improve certainty and clarity as per the recommendations in section 4.2 of the staff report Vehicles on Beaches – Analysis of Submissions in attachment 2.

c) approve the Road Use Bylaw in attachment 3:

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.

d) make the Road Use Bylaw in attachment 3 pursuant to sections 145 and 146 of the Local Government Act 2002 and section 22AB of the Land Transport Act 1998.

e) approve to revoke the Parking and Traffic Control Bylaw 2010 on the same day the Road Use Bylaw comes into force.

4 May 2022 – Infrastructure Committee

Agenda of Infrastructure Committee Meeting - Wednesday, May 4, 2022 (fndc.govt.nz)

The Infrastructure Committee made the following recommendation below to Council:

That Council;

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

This report does not intend to repeat the financial implications, options or decision-making requirements for the recommendations listed. Please review the agendas via the provided links for further information.

Āpitihanga / Attachments

1. 2022-04-26 meeting minutes - Regulatory Compliance Committee - A3680759 ⇩

2. 2022-04-27 meeting minutes - Assurance, Risk and Finance Committee - A3684893 ⇩

3. 2022-04-26 meeting minutes - Strategy and Policy Committee - A3691839 ⇩

4. 2022-05-04 meeting minutes - Infrastructure Committee Meeting - A3693318 ⇩

Ordinary Council Meeting Agenda

19 May 2022

7.3 Appointment of District Licensing Committee Chairperson and Deputy Chairperson

File Number: A3692678

Author: Rochelle Deane, Manager - Environmental Services

Authoriser: Dean Myburgh, General Manager - District Services

Take Pūrongo / Purpose of the Report

To appoint the District Licensing Committee Chairperson and Deputy Chairperson.

WhakarĀpopoto matua / Executive Summary

· There is a requirement for a Chairperson of the District Licensing Committee (DLC) to allow Council to continue to discharge its obligations under the Sale and Supply of Alcohol Act 2012.

· Councillor Ann Court resigned from the position of Chairperson of the DLC on 27 April 2022.

· Councillor Kelly Stratford (Deputy Chairperson) is currently acting Chairperson.

· Councillor Ann Court wishes to remain on the committee as Deputy Chairperson.

tŪtohunga / Recommendation

a) That Councillor Kelly Stratford is appointed as the Chairperson of the District Licensing Committee.

b) That Councillor Ann Court is appointed as Deputy Chairperson of the District Licensing Committee.

c) And that Council review the Chairperson and Deputy Chairpersons on the District Licensing Committee in December 2022.

1) TĀhuhu kŌrero / Background

Each territorial authority must appoint a DLC to manage licensing matters within its district under the Sale and Supply of Alcohol Act 2012 (the Act).

Within their local areas, DLCs decide applications for:

· new and renewal applications for on-, off- and club licences.

· special licences.

· new and renewal applications for manager’s certificates.

· opposed acting or temporary appointments of managers.

· variation of licence conditions.

· temporary authorities and temporary licences.

· orders to vary, revoke, suspend or cancel a special licence.

A DLC is made up of a chairperson and two members who have terms of office up to five years.

The quorum for a DLC meeting is three members, except when licence or manager’s certificate applications have no objections or matters raised in opposition. In these instances, the Chairperson can form a quorum of one.

A DLC hearing is held where there is public or agency objections to an application.

A DLC considers the application, agency reports, evidence and submissions presented to it against the criteria in the Act and any relevant case law. It then objectively determines facts and draws conclusions from them to make its decision.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The chair of a DLC can either be an elected member of the territorial authority, or a commissioner appointed by the chief executive, on the recommendation of the territorial authority.

Councillor Ann Court has held the role of Chairperson since December 2013. Councillor Kelly Stratford has been Deputy Chairperson since March 2018.

· The Deputy Chairperson is required to act in place of the Chairperson if they are unable to act because of illness, absence from New Zealand or other sufficient reason.

· While acting in place of the Chairperson, the Deputy Chairperson is a member of the committee and has all the powers and duties of the Chairperson.

Due to personal reasons, Councillor Court has resigned from the position of Chairperson on 27 April 2022 and Councillor Kelly Stratford has agreed to act in the position.

Councillor Ann Court has agreed to remain as Deputy Chairperson to assist with complex issues and hearings.

Option 1. Appoint Councillor Kelly Stratford as the Chairperson and Councillor Ann Court as Deputy Chairperson of the DLC.

Option 2. Appoint a commissioner to the role of Chairperson of the DLC.

Council can also recommend that the Chief Executive Officer appoint a DLC Commissioner under Section 193 of the Sale and Supply of Alcohol Act. Once this recommendation is received, the Chief Executive has the authority to appoint a DLC Commissioner under Section 193 of the Sale and Supply of Alcohol Act which states:

“The chief executive of a territorial authority may, on the recommendation of the territorial authority, appoint a commissioner or commissioners to any of the territorial authority’s licensing committees and any person so appointed has all the functions, powers, and duties of the chairperson of the licensing committee.”

Option 1 is the preferred outcome. Councillor Kelly Stratford has confirmed interest in the role of Chairperson and has experience as Deputy Chairperson. This will ensure the continuity of service to customers who make application for licences or manager’s certificates issued under the Sale and Supply of Alcohol Act 2012.

Councillor Court is well versed on and fully familiar with the requirements of Alcohol Licensing matters and decision-making serving as the Chairperson of the DLC since December 2013. This will assist greatly with the transition if she remains as Deputy Chairperson.

Take Tūtohunga / Reason for the recommendation

To ensure the continuity of service to customers who make application for licences or manager’s certificates issued under the Sale and Supply of Alcohol Act 2012.

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

Councillor Kelly Stratford will be entitled to claim expenses associated with the position as Chairperson of the DLC as stated in the Contract for services between the Far North District Council and the member.

Āpitihanga / Attachments

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

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
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Compliance with the Sale and Supply of Alcohol Act 2012 (Section 189).
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.	The role is representative of the District and Council.
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.	None identified. The position of Chairperson and Deputy Chairperson of the District Licensing Committee already exists, and this report is seeking the appointment of a successor due to resignation.
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).	Other list members of the District Licensing Committee have an interest in this matter.
State the financial implications and where budgetary provisions have been made to support this decision.	Refer to report.
Chief Financial Officer review.	The CFO has reviewed this report.

Ordinary Council Meeting Agenda

19 May 2022

7.4 Lindvart Park Easement to Top Energy

File Number: A3703758

Author: David Clamp, Manager - Major and Recovery Projects

Authoriser: Andy Finch, General Manager - Infrastructure and Asset Management

Take Pūrongo / Purpose of the Report

The purpose of this report is to seek Council approval to grant an easement in gross in favour of Top Energy Limited pursuant to section 48 of the Reserves Act 1977 on part Lot 3 Deposited Plan 22327 contained in Record of Title NA1008/196 being part of Lindvart Park in Kaikohe (“Land”). The easement is required to enable Top Energy to convey electricity and telecommunications over the easement area for the purpose of Lindvart Park - Sportsville Kaikohe project and sports facility located on the Land.

WhakarĀpopoto matua / Executive Summary

· The Lindvart Park - Sportsville Kaikohe project has completed the consultation and design phase and is looking to commence site works in May 2022.

· The project requires a connection to the Top Energy Ltd electricity network which requires the granting of an easement.

· The Reserves Act 1977 provides a mechanism for Council to consider approving the granting of an easement.

· Under the Reserves Act 1977 it is for Council to consider approving grants of easements on the Land for the purpose outlined above.

· No public consultation is required as the reserve Land is not likely to be materially altered or permanently damaged and the rights of the public in respect of the reserve are not likely to be permanently affected by the establishment and lawful exercise of the easement sought.

tŪtohunga / Recommendation

That Council approve the granting of an easement in gross in favour of Top Energy Limited for a right to convey electricity and telecommunications pursuant to section 48(1)(a) and (d) of the Reserves Act 1977 on part Lot 3 Deposited Plan 22327 contained in Record of Title NA1008/196 being part of Lindvart Park in Kaikohe on the terms set out in the form of easement instrument (attachment 1), which shall be amended to include details of Easement Area upon installation of transmission line and associated works.

1) TĀhuhu kŌrero / Background

In 2015, a report was commissioned to identify possible shortcomings within the Kaikohe Lindvart Park Development. The report addressed required facilities that needed to be considered in the parks long term plan.

In 2019/2020, Kaikohe and Districts Sportsville formed a sub-committee tasked with the delivery of the project. The committee worked with various stakeholders and sports codes to form the design brief for the new facilities. Through various sources, $11.38M has been secured.

The project has subsequently completed the consultation and design phase and is looking to commence site works in May 2022 following Ministerial approval to proceed (received 9^th May 2022).

The project requires a connection to the Top Energy Ltd electricity network to connect services to the main sports facility and to support the construction phase. This requires the granting of an easement for supply of electricity and telecommunications.

The appropriate legal mechanism for Council to legalise installation of electricity infrastructure on the Land and associated works is to grant an easement in gross under the Reserves Act 1977. Section 48(1) (a) and (d) states:

Section 48(1) Subject to subsection (2) and to the Resource Management Act 1991, in the case of reserves vested in an administering body, the administering body, with the consent of the Minister and on such conditions as the Minister thinks fit, may grant rights of way and other easements over any part of the reserve for— …….

(a) any public purpose; or …

(d) an electrical installation or work, as defined in section 2 of the Electricity Act 1992…

In accordance with section 48(3), public notification is not required if the Reserve is not likely to be materially altered or permanently damaged and the rights of the public (in respect of the reserve) are not likely to be permanently affected by the establishment and lawful exercise of the easement.

In accordance with section 48(1) and the subsequent Minister of Conservation’s 2013 instrument of delegation for Territorial Authorities, a Territorial Authority as an administering body of a reserve, maintains the delegated authority (by the Minister of Conservation) to grant easements pursuant to section 48(1) of the Reserves Act 1977.

Therefore, the Council can consider and approve to grant easement in gross under the Reserves Act 1977 for the purpose of allowing Top Energy Ltd to carry out installation of electricity infrastructure and the associated works and to convey electricity and telecommunications in perpetuity until the easement is surrendered, should the Council see fit to do so.

Though a Reserve Management is in place for this Reserve, the power to grant easement comes from the Reserves Act 1977, section 48, therefore Council approval to grant easement by resolution is sought and required.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Option 1 – Approve to grant easement in gross in favour of Top Energy Ltd for the purpose of legalising Top Energy Ltd right to convey electricity and telecommunications on the Land.

Option 2 – Not approve to grant easement in gross in favour of Top Energy subsequently not allowing and preventing Top Energy Ltd from conveying electricity and telecommunications on the Land.

Take Tūtohunga / Reason for the recommendation

Option 1 – Approve to grant easement in gross in favour of Top Energy Ltd for the purpose of legalising Top Energy Ltd right to convey electricity and telecommunications on the Land which electricity and telecommunications are necessary for effective construction and operation of Kaikohe Lindvart Park Development project. Should Council consider electricity and telecommunications are necessary utilities for effective constructions and operation of Kaikohe Lindvart Park Development project, section 48(1) of the Reserves Act 1977 provides Council with the legal mechanism to accept and legalise Top Energy’s right to convey electricity and telecommunications on the Land.

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

Cost of easement, easement agreement and registration are provided within the project funding.

Āpitihanga / Attachments

1. 110502 (2612042) AGE - Kaikohe and Districts - A3704552 ⇩

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.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Reserves Act 1977.
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.
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.
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).
State the financial implications and where budgetary provisions have been made to support this decision.	Cost to be absorbed by the project funding.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

19 May 2022

8 Information Reports

8.1 Progress Report: The Reintroduction of Development Contributions in the Far North District in Alignment with the 2024-34 Long Term Plan

File Number: A3589454

Author: Roger Ackers, Manager - Strategy Development

Authoriser: Darren Edwards, General Manager - Strategic Planning and Policy

TAKE PŪRONGO / Purpose of the Report

To report back to Council on the progress against the indicative project schedule for the reintroduction of development contributions in alignment with the 2024-34 Long Term Plan.

WHAKARĀPOPOTO MATUA / Executive SummarY

This report provides an update to elected members on the progress made towards the reintroduction of development contributions in alignment with the 2024-34 Long Term Plan.

There has been some slippage with the development of a project plan which is explained in the body of this report. However, overall, the project is on track to deliver to the indicative project schedule for the reintroduction of development contributions that was approved by Council at the 16 December 2021 Council meeting.

TŪTOHUNGA / Recommendation

That the Council receive the report Progress Report: The Reintroduction of Development Contributions in the Far North District in Alignment with the 2024-34 Long Term Plan.

tĀHUHU KŌRERO / Background

On 16 December 2021 Council approved that a new development contributions policy be adopted with the adoption of the 2024-34 Long Term Plan and that staff report on the progress against the indicative project schedule in the 16 December 2021 paper to Council that requested the development of a new development contributions policy.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

The following table is a copy of the indicative project schedule in the 16 December 2021 paper to Council - The Reintroduction of Development Contributions in the Far North District in Alignment with the 2024-34 Long Term Plan. An extra column ‘Progress against estimated due date’ has been added to provide a commentary of progress made to date as requested by resolution of Council on 16 December 2021.

Activity/Deliverable	Estimated due date	Progress against estimated due date	Comments/Notes
Phase: Concept
Paper to Council recommending the adoption of new development contributions in alignment with the 2024-34 Long Term Plan.	16 December 2021.	Completed.

Phase: Research
Communications and engagement planning commences with stakeholder and partner identification and analysis.	January – February 2022.	Postponed until June 2022.	To be completed post the 8 June 2022 workshop with elected. Once the options and scope of a new Development Contributions Policy is clear a more targeted and considered communications and engagement plan will developed alongside a detailed project plan.
Internal workshops on options, review of best practice development contribution policies in use across New Zealand.	February – April 2022.	Completed.	Workshop completed 29 March 2022. Outcomes from workshop: (1) Financial planning staff are now allocated to project team. (2) Input into the possible options for a new development contributions policy were put forward by staff for consideration at the 8 June 2022 elected member workshop. These will be further explored by the project team.
Review of options with an external expert and a mentor Council on development contributions.	April 2022.	May 2022.	Staff and the procured specialist in development contribution policies will gather evidence and examples from other Councils over the month of May that will feed into the options to be considered by elected members at the 8 June 2022 workshop.
Project plan approved.	April 2022.	Postponed until June 2022.	A detailed project plan to develop a new development contributions policy will follow the 8 June 2022 workshop with elected members.
Phase: Conceive
Workshop on different options, timeframes, and a confirmation of the scope of the development contributions policy (which growth-related development, which locations)	June 2022.	Scheduled for 8 June 2028. Booked in the formal meeting calendar.	This will explore differing ratios of contributions based on equity between ratepayers and developers and who benefits. It will also seek a steer on what new growth-related development will be subject to development contributions and in what locations. It will also explore the ‘do nothing’ option.
Research report completed.	August 2022.
Communications and engagement plan completed.	August 2022.
Paper to Strategy and Policy Committee – options and recommendations for a new development contributions policy.	6 September 2022.		This will also present a full assessment of the ‘do nothing option’.
Local Body Elections.	8 October 2022
Phase: Design
Drafting of a development contributions policy for public consultation.	October 2022– January 2023
Communications and Engagement Plan approved.	February 2023
Approval by Council for public consultation on draft development contributions policy.	February 2023
Phase: Consult
Public consultation on draft development contributions policy.	March – May 2023.		This timeframe includes hearings.
Submission’s analysis.	May-July 2023.
Draft new policy for adoption.	July – August 2023.
Approval by Council to use a new development contributions policy to inform 2024-34 Long Term Plan.	September 2023.		This informs the development of (1) The Financial Strategy, (2) The Revenue and Financing Policy and (3) The Infrastructure Strategy.
Phase: Activate Policy
Adoption of a new Development Contributions Policy with 2024-34 Long Term Plan.	June 2024.
New Development Contributions Policy comes into effect.	1 July 2024.		Staff commences administration of the development contributions policy. Policy rules apply for developers.

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

There are no financial or budgetary implications that will result from Council receiving this information report.

Āpitihanga / Attachments

Nil

Ordinary Council Meeting Agenda

19 May 2022

9 TE WĀHANGA TūMATAITI / Public Exclude

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendation

That the public be excluded from the following parts of the proceedings of this meeting.

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Ground(s) under section 48 for the passing of this resolution
9.1 - Confirmation of Previous Minutes - Public Excluded	s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information s7(2)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
9.2 - Appointment of Directors to the FNHL Board	s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
9.3 - Request for further instructions regarding the Ratcliffe Bay land acquisition	s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
9.4 - Committee Public Excluded Resolutions - May 2022	s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) s7(2)(j) - the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
9.5 - Community Board Public Excluded Minutes March 2022	s48(2)(a)(i) - the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the Council to deliberate in private on its decision or recommendation where a right of appeal lies to any court or tribunal against the final decision of the Council in these proceedings	s48(2)(a)(i) - the exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation