Te Kaunihera o Tai Tokerau ki te Raki

 

 

AGENDA

Supplementary Reports

Ordinary Council Meeting

 

Thursday, 19 May 2022

Time:

10:00 am

Location:

Council Chamber

Memorial Avenue

Kaikohe

 

 

Membership:

Mayor John Carter - Chairperson

Deputy Mayor Ann Court

Cr David Clendon

Cr Dave Collard

Cr Felicity Foy

Cr Mate Radich

Cr Rachel Smith

Cr Kelly Stratford

Cr Moko Tepania

Cr John Vujcich

 

 


Ordinary Council Meeting Agenda

19 May 2022

 

Te Paeroa Mahi / Order of Business

7          Reports. 4

7.1            Three Waters Reform Better Off Funding. 4

7.2            Appointment of Non-Elected Members (Appointed Members) to Committees of Council Policy. 53

7.3            Establishment of Appointments Committee: Māori Representation in Standing Committees. 60

 

 


Ordinary Council Meeting Agenda

19 May 2022

 

7            Reports

7.1         Three Waters Reform Better Off Funding

File Number:           A3705481

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

Authoriser:             Blair King, Chief Executive Officer

 

Take Pūrongo / Purpose of the Report

The purpose of this paper is to formalise the steer provided by elected members at a workshop held on 12 May 2022, and to update elected members on funding agreement conditions, funding criteria and the process to be followed to apply for central government funding known as the ‘Better Off Support Package’ for local authorities.

WhakarĀpopoto matua / Executive Summary

·      Over the past four years central and local government have been considering the issues and opportunities facing the system for regulating and managing the three waters (drinking water, wastewater, and stormwater) – Three Waters Reform. 

·      Government have announced a three-water support package for local government, called the ‘Three Waters Better Off Support Package’.

·      $35.18m has been allocated to the Far North across two Tranches.

·      A workshop was held with Elected Members and representatives from the Department of Internal Affairs (DIA) on 12 May 2022.

·      Following the steer provided by Elected Members at this workshop, this report seeks approval to prepare a schedule of projects for a Tranche 1 funding application.

 

tŪtohunga / Recommendation

That Council:

a)   approves in principle a funding application from Far North District Council for Tranche 1 of the Better Off funding package.

b)   notes that staff will bring forward a further report to Council for approval of a schedule of projects for which funding will be sought.

 

1) TĀhuhu kŌrero / Background

Central government through the Department of Internal Affairs (DIA) is undertaking a reform process for the Three Waters services to address significant challenges in managing these services and to ensure safe, affordable, reliable services for the health and wellbeing of our communities and the environment. This reform will be mandated.

 

A new water regulator, Taumata Arowai, and a Three Waters National Transition Unit have already been established. Three Waters services will be provided by four publicly owned water services entities from July 2024. The Far North will be part of Entity A comprising the Northland Councils and Auckland.

 

In July 2021, the Prime Minister and Minister of Local Government announced a three-water support package for local government, called the ‘Three Waters Better Off Support Package’.

 

This “better off” support package has allocated $35.18 million to Far North District Council. Tranche 1 funding of $8.79m will be available from July 2022, with the balance, $26.38m in Tranche 2, from July 2024.

 

Local authorities do not have to apply for the full Tranche 1 amount upfront, funds not applied for in Tranche 1 will be made available in Tranche 2.

All of the Better Off funding needs to be spent within 5 years, no later than 30 June 2027, regardless of which Tranche it is allocated under. There is a greater risk of not being able to spend all the money within the 5-year timeframe if the maximum amount of funding available is not applied for in Tranche 1.

 

Each region has been allocated a Relationship Manager from Crown Infrastructure Partners to help complete the funding proposal and access the funds.

 

A workshop was held with elected Members on Thursday 12 May 2022 to discuss the better off funding package. This workshop provided a steer to staff that FNDC will make a funding application for Tranche 1 of the funding package. This paper formalises that steer.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Draft Funding Agreement Considerations

Crown Infrastructure Partners (CIP) will be administering the funding, agreements and reporting on behalf of DIA. The funding agreement template provided by DIA is included in Attachment 1.

 

The funding agreement terms and conditions are mostly standard. However, attention is drawn to the General Terms Clause 2.10 and Schedule 2: Transition Support Arrangements.

 

The legal implications of Clause 2.10 have not been fully tested. There is conflicting legal advice about whether this clause means Council’s would be restricted from publicly opposing or critiquing the Three Waters Reform. On 11 May 2022, Minister Mahuta stated to a meeting of Mayors and Chief Executives from across New Zealand that this would not be the case.

 

Additionally, in signing the funding agreement Council would be agreeing under Schedule 2 to collaborate and cooperate with the DIA, including its National Transition Unit, to provide for the

implementation and carrying out of certain parts of the Three Waters Reform Programme (to the extent the law permits), with a view to achieving the Reform Objectives. This would be done with regard to the Council’s available resources and competing demands, ensuring the Council can continue to carry out its other functions and activities.

 

Participation in the reform programme may take the form of requests for information, requests for secondment or involvement of employees in reform activities and enabling or facilitating affected staff to engage with the National Transition Unit in relation to their potential employment with a Water Services Entity.

 

Schedule 2 also requires Council to provide information on decisions that relate to, or may affect, the provision of water services. This includes adoption or amendment of Long-Term Plans or Annual Plans, policies, certain asset purchases or disposals, new contracts or borrowing arrangements that extend beyond 30 June 2024, that relate to water services.

Funding Criteria and Information

The DIA guidance document released in April 2022 for the Better Off Support Package is included in Attachment 2.

 

The Better Off Support Package is an investment by the Crown into the future for local government and community wellbeing; and is in recognition of the significance to the local government sector (and the communities they serve) of the transfer of responsibility for water service delivery. The use of this funding supports councils to transition to their new role post-reform through meeting some or all of the following criteria, as laid out in the Heads of Agreement:

 

·      Supporting communities to transition to a sustainable and low-emissions economy, including by building resilience to climate change and natural hazards

 

·      Delivery of infrastructure and/or services that enable housing development and growth, with a focus on brownfield and infill development opportunities where those are available.

 

·      Delivery of infrastructure and/or services that support local place-making and improvements in community wellbeing.

 

Key dates for the application and funding process are outlined in Figure 1.

 

Figure 1: Key Dates for the ‘Better Off’ Application and Funding Process

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Criteria for the Better Off Funding package recognises that local authorities are expected to engage with iwi/Māori in determining how to use their funding allocation. For Tranche 1 it is expected that the Funding Proposal demonstrates genuine engagement, extending beyond standing committees. However, the DIA do appear to be pragmatic in this respect, having noted that the expectations set out in the guidance document will be challenging to fully achieve for many Councils. 

 

 

 

 

Prioritisation Factors and Wellbeing Assessment

Each programme, project or initiative will need to go through a wellbeing assessment based on Local Government Act 2002 wellbeing’s (cultural, social, environmental, economic), and a prioritisation process. Guidance is provided on how to prioritise the initiative or projects that would best fit the funding criteria. The prioritisation factors are shown in Figure 2.

 

 

 

 

 

 

 

 

 

Figure 2: Prioritisation Factors for Programmes, Projects or Initiatives

Current Work

Staff across council are working to identify initiatives and projects that could fit the criteria, particularly those aligned to strategic plans which already have a good level of iwi/Māori and community support. Input from Elected Members is also encouraged, and they are invited to submit suggestions for consideration. 

 

Staff will prepare a schedule of projects which will be reviewed by the Crown Infrastructure Relationship Manager before being presented to a future Council meeting for approval.

A Programme Manager and Māori engagement specialist will be needed to deliver this programme of work. The cost of these positions will be included in the proposed submission for funding. 

Take Tūtohunga / Reason for the recommendation

To confirm the position of Council on applying for Tranche 1 Better Off funding as part of three waters reform.

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

There are no immediate financial implications arising from this report.

Āpitihanga / Attachments

1.       Attachment 1 - Better-Off-Package-Funding-Agreement-April-2022 - A3705798

2.       Attachment 2 - Three-Waters-Reform-Better-Off-Support-Package-Guidance-April-2022 - A3705809  


 

Hōtaka Take Ōkawa / Compliance Schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1.       A Local authority must, in the course of the decision-making process,

a)      Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b)      Assess the options in terms of their advantages and disadvantages; and

c)      If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

2.       This section is subject to Section 79 - Compliance with procedures in relation to decisions.

 

He Take Ōkawa / Compliance Requirement

Aromatawai Kaimahi / Staff Assessment

State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

High significance

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

Three waters impact upon all wellbeings.

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.

Consultation with Māori on Three Waters Reforms is being led by Government. However, this proposal will require significant Māori engagement.

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).

All residents of the Far North.

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

As detailed in the report.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Ordinary Council Meeting Agenda

19 May 2022

 


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Ordinary Council Meeting Agenda

19 May 2022

 


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Ordinary Council Meeting Agenda

19 May 2022

 

7.2         Appointment of Non-Elected Members (Appointed Members) to Committees of Council Policy

File Number:           A3680864

Author:                    Caroline Wilson, Manager - District Administration

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

 

Take Pūrongo / Purpose of the Report

To seek adoption of the policy on appointing non-elected members to committees of council.  This policy is in support of the recently adopted Appointed Members Allowances policy. 

WhakarĀpopoto matua / Executive Summary

·   Council adopted an allowances policy in recognition of the need to appoint expertise or experience to committees of council;

·   This policy sets the framework under which the appointment process will occur;

·   It is aligned with the Appointment of Directors to Council Organisations policy recently adopted by Council.

tŪtohunga / Recommendation

That Council adopt the Appointment of Non-Elected Members (Appointed Members) to Committees of Council Policy.

 

1) TĀhuhu kŌrero / Background

Council recently adopted the Appointed Members Allowances Policy in recognition of the regionally established Joint Climate Change Adaptation Committee.  

There is an opportunity for Council to similarly appoint expertise or experience (e.g. Mātauranga Māori) to one or more committees of Council in this triennium. 

The report was intended for the Strategy and Policy Committee but we appreciate the request from elected members to consider it at this meeting as it gives us time to mitigate the risk of appointing a member during the pre-election period who may also have submitted a nomination for election – therefore giving them an avoidable advantage over other candidates.

This policy outlines the requirements and process to be undertaken to appoint non-elected members to a committee of Council.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

With the allowances policy now adopted and being used for both the Joint Climate Change Adaptation Committee and the Appointments Committee (FNHL Board Directors), it is timely to adopt the policy to appoint non-elected members to one or more committees of Council, when and if required.

Council is reminded that in appointing a non-elected member to a committee of Council, the member will have full voting rights on all matters pertaining to the delegations of that committee (i.e. they are a full member).

It should also be noted that we have a statutory requirement under the Resource Management Act 1991 in respect of Mana Whakahono ā Rohe agreements.  It is likely that as we commence establishing these agreements, (and as such building our relationship with iwi authorities), there might be increased interest by our Māori stakeholders to be part of Council’s broader decision-making framework.

It is not a requirement for Council to appoint external expertise to its’ committees and as such may make the decision not to adopt this policy.   The current appointments to the Joint Climate Change Adaptation Committee and the Appointments Committee (for FNHL Board Directors) sit outside this policy.

Take Tūtohunga / Reason for the recommendation

The policy supports the appointment of expertise, experience or Mātauranga Māori to the decision-making process of Council committees.

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

There are no financial implications as a result of this report.  In adopting the allowances policy, budgets have already been adjusted to support remunerating non-elected members.

Āpitihanga / Attachments

1.       Appointment of non elected members (appointed members) to Committees of Council - A3151346  


 

Hōtaka Take Ōkawa / Compliance Schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1.       A Local authority must, in the course of the decision-making process,

a)      Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b)      Assess the options in terms of their advantages and disadvantages; and

c)      If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

2.       This section is subject to Section 79 - Compliance with procedures in relation to decisions.

 

He Take Ōkawa / Compliance Requirement

Aromatawai Kaimahi / Staff Assessment

State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

This policy is low significance.

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

The report seeks to adopt a policy to appoint non-elected members to committees of council.  It is aligned with the Allowances for Appointed Members policy previously adopted by Council and is in accordance with the Local Government Act which allows for appointments to committees of Council.

State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.

This matter is governance and district wide related.

State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.

State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.

This report (and policy) supports the appointment of Māori knowledge and/or expertise in addition to that already provided by elected members and officers.  

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).

The adoption of this policy allows for expertise and or knowledge to be appointed to committees of council.

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

There are no new financial implications other than those already identified in the Allowances for Appointed Members policy previously adopted by Council.

Chief Financial Officer review.

CFO (Acting) has reviewed this report.

 


Ordinary Council Meeting Agenda

19 May 2022

 


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7.3         Establishment of Appointments Committee: Māori Representation in Standing Committees

File Number:           A3699746

Author:                    Patrick Smith, Manager - Te Hono

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

 

Take Pūrongo / Purpose of the Report

To establishment an Appointments Committee to select appropriate Māori representatives to sit on one or more of Councils established committees prior to the 2022 local government elections.

WhakarĀpopoto matua / Executive Summary

·      On the 1st of March 2021, the Local Electoral (Māori Wards and Māori Constituencies) Amendment Bill (the Amendment Act) received Royal assent to amend the Local Electoral Act 2001 (LEA).

·      On the 4th of May 2021, the Far North District Council passed resolution 2021/14 - part a) being the establishment of Māori wards in the 2022 and 2025 local government elections.

·      Part b) of the same resolution states that the Far North District Council immediately reconsiders its current committee structure and membership and delegations to ensure Iwi/Hapū membership to Council Committee and Community Board Committees.

·      To date there has been very little affirmative action taken to give effect to part b) of the resolution.

·      To initiate the process to give effect to resolution 2012/14, part b), the establishment of an appointments committee will be required.

 

tŪtohunga / Recommendation

That Council:

a)      establish an Appointments Committee for the purpose of enabling Māori participation in the decision-making on one or more of its’ established Committees and Community Board Committee prior to the 2022 local government elections; and

b)      appoint the following members to the Appointments Committee

1. …………………………………………………………………………..

2. …………………………………………………………………………..

 3. …………………………………………………………………………..

c)      delegate the Appointments Committee the authority to make appointments to its’ established Committees and Community Board Committees.

 

1) TĀhuhu kŌrero / Background

On the 4th of May 2021 Far North District Council passed resolution 2021/14, part a) being the establishment of Māori Wards 2022 and 2025 local government elections and part b) of the same resolution stating that “…the Far North District Council immediately reconsiders its current committee structure and membership and delegations to ensure Iwi/Hapū membership to Council Committee and Community Board Committees”.

It has been just over one calendar year since the resolution was passed.

In March 2022, the Chair of the Te Ao Māori Portfolio expressed his concerns as to the lack of progress to implement the intent of resolution 2012/14, part b) and given the wording regarding the immediate nature of the resolution it was indicated that this should be conducted prior to the 2022 local government elections.

 

Since that time amendments to the ‘Non-Elected Members (Appointed Members) to Committees of Council’ policy have been conducted in anticipation of this report and the successful establishment of an appointment committee.

 

Although the Council resolution of 4 May was to consider Community Board Committees. The current Community Board Committees are the 3 Drainage Committees. It is not the recommendation of staff that appointments be made to the Community Board Committees given the Community Board role of advocacy. The Drainage Committees more specifically are effectively Advisory Committees.

 

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Given the changing political landscape where iwi/mana whenua are now moving from transactional relationships with local government (historically based around the RMA and infrastructure projects) to that of being considered more of a partner through mechanisms such as Te Mana Whakahono a Rohe and Memorandum of Understanding/Partnership, the inclusion of true Māori participation at the governance level is the next logical step for the Far North District Council and councils in general.

On the basis that Council have adopted the Appointment of Non-Elected Members (Appointed members) to Committees of Council Policy, an out of policy approach is recommended. This ensures that we can progress the matter in a timely manner. Moving forward, it will be the responsibility of the committee, as per policy.

Other Councils

As of June 2021, post the May 2021 deadline to vote for Māori Wards, there were 21 councils across the country with both Māori representation on committees/boards that also had, or will have Māori Wards after the 2022 local government elections. With the establishment of the appointments committee and subsequent inclusion of Māori representation within established committees and community boards, the Far North District Council will add to the above figure.

Council Oversight

The establishment of an appointments committee will provide a robust process of objectivity and transparency to ensure that Council has some oversight in the selection of neutral, mātauranga-Māori skilled members within both its established committees and community boards.

It is recommended that for pragmatic reasons, the Chair of the Te Ao Māori Portfolio be considered as the chairperson for the appointments committee.

Whilst Part 2 of this report underplays the implications for Māori, the establishment of an appointments committee and thereafter the inclusion of Māori representation within established committees and community boards sends a very positive signal regarding council’s willingness to form true partnerships with iwi/mana whenua.

Take Tūtohunga / Reason for the recommendation

To establish an Appointments Committee to give effect to resolution 2012/14 Part b.

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

The establishment of the appointments committee has no financial implications or budgetary requirements.

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

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

The establishment of an appointments committee is 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.

The provision of the ‘Non-Elected Members (Appointed Members) to Committees of Council’ policy will support and enable this decision.

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 view of Community Boards has not been sought as this is a governance matter.

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.

The establishment of an appointments committee has no implications for Māori land or bodies of water in general. However, the establishment of the appointments committee and eventual Māori appointments to standing committees and community boards clearly supports the Tiriti of Waitangi and its intent as applied within Local Government Act 2002 and the Resource Management Act 1991.

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).

There are no further persons of interest or further consideration, views, or preferences in respect to establishing the appointments committee.

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

There are no financial implications for budgetary provision in establishing an appointments committee

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report