Agenda of Strategy and Policy Committee Meeting

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

Purpose

The purpose of the Strategy and Policy Committee (the Committee) is to set direction for the district, determine specific outcomes that need to be met to deliver on that vision, and set in place the strategies, policies and work programmes to achieve those goals.

In determining and shaping the strategies, policies and work programme of the Council, the Committee takes a holistic approach to ensure there is strong alignment between the objectives and work programmes of the strategic outcomes of Council, being:

· Better data and information

· Affordable core infrastructure

· Improved Council capabilities and performance

· Address affordability

· Civic leadership and advocacy

· Empowering communities

The Committee will review the effectiveness of the following aspects:

· Trust and confidence in decision-making by keeping our communities informed and involved in decision-making.

· Operational performance including strategy and policy development, monitoring and reporting on significant projects, including, but not limited to:

o FN2100

o District wide strategies (Infrastructure/ Reserves/Climate Change/Transport)

o District Plan

o Significant projects (not infrastructure)

o Financial Strategy

o Data Governance

o Affordability

· Consultation and engagement including submissions to external bodies / organisations

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 of the Council’s business, operations and risks.

Power to Delegate

The Strategy and Policy Committee may not delegate any of its responsibilities, duties or powers.

Membership

The Council will determine the membership of the Strategy and Policy Committee.

The Strategy and Policy Committee will comprise of at least seven elected members (one of which

will be the chairperson).

Mayor Carter

Rachel Smith – Chairperson

David Clendon – Deputy Chairperson

Moko Tepania

Ann Court

Felicity Foy

Dave Collard

John Vujcich

Belinda Ward – Bay of Islands-Whangaroa Community Board

Non-appointed Councillors may attend meetings with speaking rights, but not voting rights.

Quorum

The quorum at a meeting of the Strategy and Policy Committee is 5 members.

Frequency of Meetings

The Strategy and Policy Committee shall meet every 6 weeks but may be cancelled if there is no business.

Committees Responsibilities

The Committees responsibilities are described below:

Strategy and Policy Development

· Oversee the Strategic Planning and Policy work programme

· Develop and agree strategy and policy for consultation / engagement.

· Recommend to Council strategy and policy for adoption.

· Monitor and review strategy and policy.

Service levels (non-regulatory)

· Recommend service level changes and new initiatives to the Long Term and Annual Plan processes.

Policies and Bylaws

· Leading the development and review of Council's policies and district bylaws when and as directed by Council

· Recommend to Council new or amended bylaws for adoption

Consultation and Engagement

· Conduct any consultation processes required on issues before the Committee.

· Act as a community interface (with, as required, the relevant Community Board(s)) for consultation on policies and as a forum for engaging effectively.

· Receive reports from Council’s Portfolio and Working Parties and monitor engagement.

· Review as necessary and agree the model for Portfolios and Working Parties.

Strategic Relationships

· Oversee Council’s strategic relationships, including with Māori, the Crown, and foreign investors, particularly China

· Oversee, develop, and approve engagement opportunities triggered by the provisions of Mana Whakahono-ā-Rohe under the Resource Management Act 1991

· Recommend to Council the adoption of new Memoranda of Understanding (MOU)

· Meet annually with local MOU partners

· Quarterly reviewing operation of all Memoranda of Understanding

· Quarterly reviewing Council’s relationships with iwi, hapū, and post-settlement governance entities in the Far North District

· Monitor Sister City relationships

· Special projects (such as Te Pū o Te Wheke or water storage projects)

Submissions and Remits

· Approve submissions to, and endorse remits for, external bodies / organisations and on legislation and regulatory proposals, provided that:

o If there is insufficient time for the matter to be determined by the Committee before the submission “close date” the submission can be agreed by the relevant Portfolio Leaders, Chair of the Strategy and Policy Committee, Mayor and Chief Executive (all Councillors must be advised of the submission and provided copies if requested).

o If the submission is of a technical and operational nature, the submission can be approved by the Chief Executive (in consultation with the relevant Portfolio Leader prior to lodging the submission).

· Oversee, develop, and approve any relevant remits triggered by governance or management commencing in January of each calendar year.

· Recommend to Council those remits that meet Council’s legislative, strategic, and operational objectives to enable voting at the LGNZ AGM. All endorsements will take into account the views of our communities (where possible) and consider the unique attributes of the district.

Fees

· Set fees in accordance with legislative requirements unless the fees are set under a bylaw (in which case the decision is retained by Council and the committee has the power of recommendation) or set as part of the Long Term Plan or Annual Plan (in which case the decision will be considered by the Long Term Plan and Annual Plan and approved by Council).

District Plan

· Review and approve for notification a proposed District Plan, a proposed change to the District Plan, or a variation to a proposed plan or proposed plan change (excluding any plan change notified under clause 25(2)(a), First Schedule of the Resource Management Act 1991);

· Withdraw a proposed plan or plan change under clause 8D, First Schedule of the Resource Management Act 1991.

· Make the following decisions to facilitate the administration of proposed plan, plan changes, variations, designation and heritage order processes:

§ To authorise the resolution of appeals on a proposed plan, plan change or variation unless the issue is minor and approved by the Portfolio Leader District Plan and the Chair of the Regulatory committee.

§ To decide whether a decision of a Requiring Authority or Heritage Protection Authority will be appealed to the Environment Court by council and authorise the resolution of any such appeal.

§ To consider and approve council submissions on a proposed plan, plan changes, and variations.

§ To manage the private plan change process.

§ To accept, adopt or reject private plan change applications under clause 25 First Schedule Resource Management Act (RMA).

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.

STRATEGY AND POLICY 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
Rachel Smith (Chair)	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 and Treasurer
	Vision Kerikeri	Financial Member
Rachel Smith (Partner)	Property Owner	Kerikeri
	Friends who work at Far North District Council
	Kerikeri Cruising Club	Subscription Member
	Vision Kerikeri	Financial Member
	Town and General Groundcare Limited	Director. Shareholder
David Clendon (Deputy Chair)	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
David Collard	Snapper Bonanza 2011 Limited	45% Shareholder and Director
David Collard	Trustee of Te Ahu Charitable Trust	Council delegate to this board
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.
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 dwellings on Church Road, Kaingaroa and dwellings on Allen Bell Drive, Kaitaia, and 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 Coastline Plumbing NZ Limited
Felicity Foy - Partner	Friends with some FNDC employees
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
	Member	Kaikohe Business Association	Possible funding provider	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

Strategy and Policy Committee Meeting Agenda

3 May 2022

5 Reports

5.1 New Easter Sunday Shop Trading Policy Consultation

File Number: A3631374

Author: Donald Sheppard, Sustainability Programme Coordinator

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

Take Pūrongo / Purpose of the Report

To adopt a Statement of Proposal (SOP) for public consultation on an Easter Sunday Shop Trading Policy and set a date for oral submissions.

WhakarĀpopoto matua / Executive Summary

· On 24 February 2022, the Council resolved that a new Easter Sunday Shop Trading Policy (the Policy) be developed allowing shops to open on Easter Sunday throughout the Far North District.

· This Policy will replace the current Easter Sunday Trading Policy which will revoke on 17 February 2024.

· The Shop Trading Hours Act 1990 (the Act) requires that Councils consult using the Special Consultative Procedure described in the Local Government Act 2002 when making an Easter Sunday Shop Trading Policy.

· A statement of proposal for the new Easter Sunday Shop Trading Policy, including a draft of the Policy, is in Attachment 1.

· The recommended consultation period for written submissions is five weeks, from 9 May to 10 June 2022, and oral hearings, if any will be held on 14 June 2022.

· The Strategy and Policy Committee has the delegations to conduct the hearing of submissions.

tŪtohunga / Recommendation

That the Strategy and Policy Committee:

a) approves the Statement of Proposal for a new Easter Sunday Shop Trading Policy in Attachment 1 to be released for public consultation to meet the requirements of section 5B(1) of the Shop Trading Hours Act 1990;

b) approves the period for making written submissions on the proposal to be 9 May to 10 June 2022;

c) approves that the Committee will hear any oral submissions on 14 June 2022 and agrees to delegate, to the Chair, the power to change the date of the oral presentations of submissions;

d) directs Council staff to make all necessary logistical arrangements for oral submissions to be heard, on 14 June 2022, either in person in the Council Chambers or online via Microsoft Teams.

1) TĀhuhu kŌrero / Background

The Council adopted the current Easter Sunday Trading Policy on 17 February 2017 in consultation with the community. This current policy allows shops throughout the district to open on Easter Sunday.

Pursuant to Section 5C of the Act the current policy was due for review by 17 February 2022 but was not reviewed within the required timeline. Therefore, the current policy will automatically revoke on 17 February 2024.

On 24 February 2022, pursuant to section 5A(1) of the Act the governing body of council resolved that a new Policy be developed allowing shops to open on Easter Sunday throughout the Far North District.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Form and content of the new Policy

A draft of the new Policy is in the statement of proposal (Attachment 1).

As stated, the new Policy will continue to allow Easter Sunday trading across the whole district.

Council staff have addressed the appropriateness of the form and content of the new Policy by:

· including a map of the whole district as required by legislation

· following best practice drafting standards (as advocated by the Parliamentary Counsel Office).

Statement of proposal for consultation

Pursuant to section 5B(1) of the Act, Council must follow the Special Consultation Procedure in consulting with the public regarding a proposed Policy. As described in section 83 of the Local Government Act 2002, the Special Consultation Procedure requires the Council to:

· prepare and adopt a statement of proposal or a summary of this proposal

· make publicly available the statement of proposal (or summary), a description of how people can present their views, and how long the consultation period will be (with a minimum of one month)

· make the statement of proposal as widely available as is reasonably practicable

· provide an opportunity for people to present their views to the local authority in a manner that enables spoken (or New Zealand sign language) interaction between the person and the local authority including via an audio or audio-visual link

Consultation process

The Special Consultation Procedure requires that at least one month is allowed for public consultation. Therefore, Council staff recommend that written consultation on the statement of proposal opens on 9 May 2022 and closes on 10 June 2022, which is a period of 5 weeks.

To ensure wide communication of the consultation, public notices will be placed in local community newspapers. A link to the webpage for making submissions will be emailed to the Council’s “subscribers” database and publicised on the Council’s social media pages.

Council staff recommend people be encouraged to present their views primarily via the Council’s website. In addition, a submission form will be provided for download on the website for people to print and use to make written submissions either by post or delivery to Council offices. A small number of printed copies of the proposal document and submission form will be made available at Council offices for people to use if they are not able to print the documents themselves.

The proposed new Policy is likely to be of high interest to some members of the public and Council staff expect some people will want to present their submissions orally to elected members. The Strategy and Policy Committee has delegated authority to hear oral submissions made during consultation on a policy. Staff therefore recommend the Committee sets a hearing date now so it can be publicised during the period for making submissions and people will know when they will be heard. To allow time for hearing logistics to be arranged, the earliest suitable date for a hearing would be 14 June 2022.

Council staff also recommend the Committee delegates to the Chair the power to change the hearing date so that if other events, or the number of people who want to be heard, mean the date is no longer suitable, a new date can be set without the need for the Committee to convene to make that decision.

Take Tūtohunga / Reason for the recommendation

Council staff recommend the Committee:

· approves the statement of proposal in Attachment 1 to be published for consultation because it meets the requirements of section 83 of the Local Government Act 2002

· agrees the period for making written submissions on the proposal be from 9 May 2022 to 10 June 2022, a period of 5 weeks, to meet the requirements of the Special Consultative Procedure

· agrees to hearing oral presentations of submissions on 14 June 2022 and directs Council staff to make the necessary logistical arrangements for people to present their submissions either in person in the Council Chambers or online via Microsoft Teams on that date so that people know when to present their oral submissions

· delegates the power to change the date of oral presentations of submissions to the Chair as it is not necessary for the whole Committee to be convened to decide on a new date.

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

The cost of consulting on the statement of proposal for a new Easter Sunday Shop Trading Policy will be met from existing budgets.

Āpitihanga / Attachments

1. Statement of Proposal - Easter Sunday Shop Trading Policy 2022 - A3675943 ⇩

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 Easter Sunday Shop Trading Policy has a low level of significance as: a) it does not involve the transfer of ownership or control of a strategic asset or other important asset; and b) it is not inconsistent with current Council plans and policies.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The Easter Sunday Shop Trading Policy will be made under the Shop Trading Hours Act 1999. This Act specifies that making a new Easter Sunday Shop Trading Policy will require the Special Consultative Procedure described in section 83 of the Local Government Act 2002. The Policy will help achieve a key community outcome listed in Council’s Long Term Plan 2021-2031: Having prosperous communities supported by a sustainable economy. The Policy will support businesses who rely on the tourist trade during the long Easter weekend. Applying this Policy across the whole District is fair for all retail businesses in the district.
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 proposal has district-wide relevance and is not within the delegations of Community Boards to consider. However, in December 2021 Community Board members and Councillors were invited to provide feedback on the Policy via an informal poll on the elected members’ lounge. All the poll responses were in favour of continuing to allow Easter Sunday trading across the whole district.
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 proposed Policy does not relate to land and/or any body of water. The implications for Māori from the Policy provisions are similar to the impacts on communities generally. Seeking the views and input of iwi in the development of policies is integral. Māori will be given an opportunity to consult as part of the special consultative procedure.
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).	It is likely that the Policy will have broad interest across the community including from shop employers and employees and those who may wish to purchase goods and services on Easter Sunday. Interested and affected parties are likely to include: a) Christians b) unions representing shop workers c) business associations.
State the financial implications and where budgetary provisions have been made to support this decision.	The cost of consulting on the statement of proposal for a new Easter Sunday Shop Trading Policy will be met from existing budgets.
Chief Financial Officer review.	This report has been reviewed by the Chief Financial Officer.

Strategy and Policy Committee Meeting Agenda

3 May 2022

5.2 Climate Change Policy Options Report

File Number: A3641211

Author: Donald Sheppard, Sustainability Programme Coordinator

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

Take Pūrongo / Purpose of the Report

To seek approval to develop a Climate Change Policy.

WhakarĀpopoto matua / Executive Summary

· On 20 May 2020 Council approved the Climate Change Roadmap which includes an initiative to develop climate change policies and strategies.

· Independent research conducted by Te Whakahaere Ltd identified that several climate-related governance mechanisms have not fully captured the Taskforce on Climate-related Financial Disclosures recommendations.

· Having insufficient climate governance mechanisms could expose the Council to significant economic, legal, and reputational risks.

· Council staff recommend that the Council should address this policy vacuum by developing a climate change policy.

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommends that Council approves the development of a climate change policy.

1) TĀhuhu kŌrero / Background

On 20 May 2020, Council approved the Climate Change Roadmap (the roadmap). One of the initiatives in the roadmap is to “implement climate change policy into Council reporting and decision making” with funding for this initiative included in the 2021/24 LTP period.

In September 2020 Simpson Grierson advised the Council to adopt a Climate Assessment Policy to “take into account and address climate change-related risk in decision-making, an essential step in mitigating [Council’s] climate-related legal risk”.

The Te Tai Tokerau Climate Adaptation Strategy adopted by the Council on 7 April 2022 recognised that the development of climate change related policy is a priority action for all Northland councils.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Council’s role regarding climate-related issues.

A range of both current legislation and government advice supports council actions to respond to climate change including the:

· Local Government Act 2002

· Resource Management Act 1991

· Climate Change Response Act 2002

· National Climate Change Risk Assessment released in August 2020

· New Zealand Coastal Policy Statement 2010.

Planned Future Legislation

· National Carbon Emissions Reduction Plan (due by 31 May 2022)

· Climate Change Adaptation Act and National Adaptation Plan (due in late 2022)

Climate-related financial disclosure

The Taskforce on Climate-related Financial Disclosures (TCFD) framework is an internationally recognised guide to managing climate-related risks. It includes four aspects:

a) governance of the risks and opportunities arising from climate change

b) understanding the actual and potential effects of these risks and opportunities on the organisation’s business, strategy, and financial planning

c) having processes to identify, assess, and manage the risks and opportunities

d) using metrics and targets to assess, monitor and manage the risks and opportunities.

As outlined in section 5ZW of the Climate Change Response Act 2002 a local authority may be required to provide information on these areas.

Research assessment

Council staff commissioned Te Whakahaere Ltd to conduct a climate change governance assessment against the TCFD recommendations for Council.

This assessment included a review of relevant Council governance documents and mechanisms, as well as interviews with Tier 2 and Tier 3 managers.

The research report (see attachment 1) critiques all of Council’s key governance documents and provides advice as to how these could be strengthened to meet TCFD guidelines.

Research findings

Key findings from the research report are summarised below:

1) The report notes some positive aspects of Council’s climate-related governance:

· Climate change is recognised in many of Council’s governance documents, such as the Long-Term Plan and District Plan.

· Council’s risk management framework has excellent consideration of climate change risks. Regular reporting on these risks will help the Council monitor progress to mitigate these risks.

· The Roadmap provides a good overview of the direction Council should take.

2) The report also identifies several shortcomings in Council’s governance of climate matters:

· The Roadmap lacks a strong connection to core governance mechanisms and does not identify management’s role in responding to climate change.

· Council’s specific positions regarding climate risks and opportunities are not stated in the governance documents.

· There is no structured oversight of climate-related risks in Council reports other than by the Audit, Risk and Finance Committee. This may lead to inconsistent and potentially ill-informed decision-making and expose the Council to increased climate-related risks.

· The Council has not quantified climate risks to its assets, nor are these risks addressed in asset management plans. Without quantifying the risks and the impact of risk treatment options, it will be nearly impossible to maintain effective oversight of Council’s assets.

· There is minimal internal reporting or monitoring of climate-related issues other than via the risk management framework.

· There are minimal climate-related metrics and targets captured in any governance documents or mechanisms.

· Financial planning should give greater weight to climate change including considering a range of carbon prices, capturing climate change costs in capital upgrades, and prioritising climate-related training for the finance team.

· Far North Holdings has received no direction on how it should respond to or report on climate-related issues. This lack of guidance means that the Council may be unaware of associated climate-related risks and opportunities.

Report recommendations

The report recommends:

· implementing a monitoring and evaluation dashboard to greatly support oversight
(Note, this initiative is already budgeted for within the 2021/24 Long Term Plan)

· developing a Climate Policy to address the policy vacuum described above.

Approximately 90% of the managers who were interviewed by Te Whakahaere support the development of a climate policy to guide how they are expected to respond to climate-related issues. Several managers stated the need for training and guidelines to support the implementation of a Policy.

Options to consider:

Option One: Status quo - do not develop a climate policy for the Council and do not strengthen current governance documents regarding climate and climate change.

This option represents the status quo situation where climate-related guidance is provided by the Roadmap, the climate risk framework, and the Te Tai Tokerau Climate Adaptation Strategy.

Without developing a climate policy or strengthening current governance documents, Council could still make progress in addressing the governance shortfalls identified in the research report, for example:

· The Strategic Leadership could task managers at all levels with climate change responsibilities.

· The Roadmap already includes an initiative to develop a dashboard to track and monitor key climate indicators that is budgeted for in the 2021/24 Long Term Plan.

· The appointment of a Climate Change Manager at Tier Three level will resolve where some of the responsibilities for climate action lie.

Advantages and disadvantages of continuing with the status quo

Advantages:

Some key recommendations of the research report can go ahead such as developing a climate change dashboard.

Disadvantages:

Climate decisions will continue to be made in a policy vacuum with no strong guidelines or direction regarding what is expected.

These decisions are likely to be ad hoc and inconsistent, which could mean that decisions will be difficult to justify in a legal review or in court.

Decisions may set precedents that will be difficult to meet.

The role of management in addressing climate change across the whole organisation will not be articulated.

Council will not achieve the action to develop a Climate Policy as prescribed in the Climate Change Roadmap.

Option Two: Strengthen current governance documents regarding climate and climate change but do not develop a climate policy for the Council

With this option key governance documents would be strengthened to provide a greater focus on climate and climate change, but a climate policy would not be developed.

The actions described in option one will continue.

Section 3.1 of the research report identifies suggested changes to documents to meet TCFD guidelines. Some examples could involve:

· amending documents to refer to management’s role in responding to climate change risks and opportunities

· amending financial and asset management documents to explicitly refer to quantified climate risks

· describing the process for addressing climate risks and opportunities, for example in business cases and plans

· amending Council’s reporting template to include consideration of climate change in every report

· amending Far North Holdings Statement of Intent to ensure that climate change issues are addressed.

Advantages and disadvantages of strengthening governance documents without a Climate Policy

Advantages:

Compared with Option One, this Option will considerably strengthen Council’s response to climate change.

Climate change considerations would be embedded in the governance documents where they are now lacking, to better meet TCFD recommendations for climate change governance.

More transparency of climate-related considerations in governance documents enabling better climate disclosure.

Disadvantages:

While amending current governance documents would strengthen Council’s response to climate change, this will only go some way towards establishing a coherent unifying approach to guide elected members and staff.

Council’s specific positions on climate change will not be clear.

This option requires the explicit quantification of climate risks to assets and the associated financial risk.

Option Three: Develop a Climate Change Policy

A new Climate Change Policy would state where governance documents need to be strengthened in accordance with TCFD recommendations as described in Option Two.

The Policy would provide overall guidance and direction regarding Council’s response to climate change. Crucially it will set out Council’s positions on a range of climate-related matters. Examples of these positions could include:

o Council’s carbon emissions reduction 3-yearly targets.

o Council’s position on pursuing climate-related opportunities such as planting native forests as a carbon sink.

o Council’s position on the protection of coastal communities from the risks of coastal erosion and inundation.

Advantages and disadvantages of making a Climate Policy

Advantages:

Improving climate-related oversight and governance.

Enabling more coherent and consistent decision-making and avoiding reactive management of climate change issues.

Council’s positions on specific climate matters will be clear, with Council’s level of ambition and risk tolerance regarding these matters made explicit.

Governance of climate matters will better meet TCFD recommendations, which will help with climate-related disclosure.

Reducing the risk of legal challenges to Council’s decisions.

Meeting the expressed needs of management for a Climate Policy to guide their decisions.

Disadvantages:

This will be a more complex task than Option One or Two and may take longer to accomplish.

Fully implementing this policy will require change management, including training of staff.

Advantages and disadvantages of making a Climate Policy

Advantages:

Transparency for the public re Council’s response to climate change.

Help drive a concerted effort to address the risks and opportunities associated with climate.

Disadvantages:

Take Tūtohunga / Reason for the recommendation

Option Three (developing a Climate Policy) is recommended for the following reasons:

· this is the most thorough and coherent approach to strengthening Council’s governance of climate-related risks and opportunities

· will best meet the TCFD recommendations for addressing and managing climate risks and opportunities, which will assist with climate disclosure

· will provide a head of power for climate action by stating Council’s positions and expectations, providing guidance and direction, and defining expectations of management

· will best enable oversight of climate matters by elected members and management.

Next Steps

If the Council approves the development of a Climate Policy, staff aim to present a draft policy to the Council by the fourth quarter of 2022

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

The funds for developing a Climate Policy and associated strengthening of governance documents will come from funding approved in the 2021/24 Long Term Plan.

Āpitihanga / Attachments

1. FNDC_Climate Governance Research Paper_2022-03-30 - A3656377 ⇩

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	The proposed Climate Policy and associated strengthening of governance documents has a low level of significance as: a) it does not involve the transfer of ownership or control of a strategic asset or other important asset; and b) it is not inconsistent with current Council plans and policies such as the Long Term Plan, the District Plan, the Roadmap, risk management framework and the Te Tai Tokerau Climate Adaptation Strategy.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	There is a raft of relevant legislation defining Council’s role in respect of climate change, with more legislation planned in 2022. Key Council documents include the Long Term Plan District Plan, the Roadmap, Risk Assessment framework and the Regional Climate Adaptation Strategy. Climate change touches on most of the community outcomes listed in the Long Term Plan and therefore improving governance in the climate area, will help achieve these outcomes.
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 proposed action has district-wide relevance and is not within the delegations of Community Boards to consider.
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.	While improving Council’s governance regarding climate change is considered an internal administrative matter, Council’s policy positions on climate change are likely to affect Māori in many ways and the policy decisions are also likely to affect land and bodies of water. Therefore, in developing a Climate Policy and the associated strengthening of governance documents, Māori will be asked to contribute to decision making.
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).	Although the recommended Climate Policy is largely an internal policy, the whole community is affected by climate change. Therefore, some aspects of the Policy are likely to require community engagement.
State the financial implications and where budgetary provisions have been made to support this decision.	The funds for developing a Climate Policy and associated strengthening of governance documents will come from funding approved in the 2021/24 Long Term Plan. In addition, a climate change dashboard has been approved in 2021/24 LTP funding.
Chief Financial Officer review.	This report has been reviewed by the Chief Financial Officer.

Strategy and Policy Committee Meeting Agenda

3 May 2022

5.3 Parking Bylaw - Recommendations for making new bylaw

File Number: A3641431

Author: Briar Macken, Team Leader - Policy

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

Take Pūrongo / Purpose of the Report

To approve the adoption of the Parking Bylaw based on staff recommendations.

WhakarĀpopoto matua / Executive Summary

· On 20 May 2021, the Council agreed a new bylaw is appropriate to regulate parking in the Far North District.

· On 7 September 2021, the Strategy and Policy Committee approved a proposal for a new Parking Bylaw to be released for public consultation.

· Consultation took place between 13 September 2021 to 15 October 2021 with nine submissions received.

· Council staff have analysed the submissions and recommend changes to the draft bylaw in response to these submissions (see attachment 1 and 2).

· Attachments 3 to 8 are the proposed final new bylaw and schedules for adoption.

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommend that Council:

a) 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

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.

1) TĀhuhu kŌrero / Background

On 20 May 2021, the Council resolved that a new bylaw is appropriate to regulate parking in the Far North District (Resolution 2021/20 refers).

On 7 September 2021 the Strategy and Policy Committee approved a proposal for a new Parking Bylaw (Bylaw) to be released for public consultation.

The period during which people could make submissions on the proposal was 13 September to 15 October 2021. Nine submissions were received.

Two submitters asked to be heard and made verbal submissions to the Strategy and Policy Committee 26 October 2021.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The report in attachment 1 summarises the public submissions and makes recommended changes to the draft bylaw in response to these submissions. For clarity, all the recommended changes to the draft proposed Bylaw are shown in attachment 2. If these recommendations are agreed to, Council staff advise that the Parking Bylaw in attachments 3 to 8 is an appropriate form of bylaw for the purposes of section 22AB of the Land Transport Act 1998.

Timing for making the bylaw

Pursuant to 160A of the Local Government Act 2002 Council’s current Parking and Traffic Control Bylaw will revoke on 17 June 2022 as it was not reviewed by the date required under that Act. If the recommendations in this report are agreed to, the new Parking Bylaw will be made before the current bylaw is revoked, ensuring ongoing regulation of parking.

Changes from the current bylaw to the new bylaw

The new bylaw continues existing restrictions and controls [as in the Parking and Traffic Control Bylaw] relating to the regulation of parking.

Council staff have addressed the appropriateness of the form and content of the new bylaw by:

· ensuring provisions are consistent with the applicable empowering provisions in legislation

· improving clarity by ensuring schedules are accurately referred to in the main body of the bylaw

· simplifying the language in line with modern legal drafting principles with some terminology updated

· ensuring the parking restrictions in the schedules align with actual demarcations on-site

Take Tūtohunga / Reason for the recommendation

The Parking Bylaw in attachments 3 to 8 can be made, pursuant to section 22AB of the Land Transport Act 1998, following the changes recommended in the report in attachment 1, as it is an appropriate form of bylaw.

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

The costs to implement the new bylaw will come from existing operational budgets.

Āpitihanga / Attachments

1. Analysis of submissions and recommendations - Parking Bylaw - A3678639 ⇩

2. Draft Proposed Parking Bylaw showing all tracked changes - No schedules - A3678642 ⇩

3. Final Parking Bylaw - A3678643 ⇩

4. Final Parking Bylaw Schedule 1 - A3678649 ⇩

5. Final Parking Bylaw Schedule 2 - A3678650 ⇩

6. Final Parking Bylaw Schedule 3 - A3678651 ⇩

7. Final Parking Bylaw Schedule 4 - A3678652 ⇩

8. Final Parking Bylaw Schedule 5 Maps - A3678653 ⇩

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	In line with the Significance and Engagement Policy the recommendation to make a new bylaw which continues the existing regulation of parking, will have little effect on financial thresholds, ratepayers, specific demographics, or levels of service. The recommendation is consistent with existing plans and policies. Therefore, the level of significance is low.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The Local Government Act 2002 sections 82 and 160, and Land Transport Act 1998 section 22AB apply to the decision recommended in this report.
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.	As the bylaw regulates parking across all of the wards of the District the proposal has District-wide relevance and is not within the delegations of Community Boards to consider.
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 decision in this report is not significant and does not relate to land or any body of water. The implications for Māori from the regulation of parking are similar to the impacts on communities generally. The new bylaw will have the same effect as the current bylaw. Māori had an opportunity to contribute during the consultation process.
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).	Affected and interested parties were given an opportunity to share their views and preferences during the consultation phase including: · Ministry of Transport · Local business groups · Residents of the Far North District
State the financial implications and where budgetary provisions have been made to support this decision.	The cost of continuing the provisions of the existing bylaw in a new bylaw is covered by current operational budgets.
Chief Financial Officer review.	This report has been reviewed by the Chief Financial Officer.

Strategy and Policy Committee Meeting Agenda

3 May 2022

5.4 Road Use Bylaw - Recommendations for making new bylaw

File Number: A3657126

Author: Kirsten Griffiths, Strategic Planner

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

Take Pūrongo / Purpose of the Report

To approve the adoption of the Road Use Bylaw based on staff recommendations.

WhakarĀpopoto matua / Executive Summary

· On 21 May 2020, the Council agreed that a bylaw is appropriate to regulate or control trading in public places.

· On 20 May 2021, the Council agreed that two new bylaws regulating parking and road use are the most appropriate way to regulate or control the use of roads and adjoining land.

· During the development of the Road Use Bylaw, staff identified provisions in several other bylaws and policies which could be streamlined into one comprehensive bylaw, namely, the Skating and Cycles Bylaw, Nuisances Bylaw, Alfresco Dining Policy, and the Vehicles on Beaches Bylaw (revoked March 2022).

· On 7 September 2021, the Strategy and Policy Committee approved a proposal for a new Road Use Bylaw to be released for public consultation.

· This consultation took place from 13 September to 15 October 2021 with six submissions received.

· Council staff have analysed the submissions and recommend changes to the draft bylaw in response to these submissions (see Attachment 1).

· On 24 February 2022, the Council agreed that the inclusion of provisions regulating vehicles on beaches in the new Road Use Bylaw is appropriate to manage problems related to vehicle use on beaches.

· On 24 February 2022, the Council approved a proposal for the inclusion of provisions regulating vehicles on beaches in the new Road Use Bylaw to be released for public consultation.

· This consultation took place from 25 February 2022 to 24 March 2022 with eighty submissions received.

· Council staff have analysed the submissions and recommend changes to the draft bylaw in response to these submissions (see Attachment 2).

· Attachment 3 is the proposed final new bylaw for adoption.

· Attachment 4 is a “track changes” version of the new bylaw provided for ease of reference. The “track changes” highlight both the included provisions regulating vehicles on beaches, and the recommended changes in Attachments 1 and 2.

· Attachment 5 is Schedule 5: Maps for the Proposed Road Use Bylaw. Schedule 5 is not part of the bylaw and is provided for ease of reference.

· The numbering of clauses in the recommendations reflects the numbering in the draft bylaw provisions as they were released for the two public consultations. The numbering of some clauses differs in the proposed final new bylaw.

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommend that the Council:

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.

1) TĀhuhu kŌrero / Background

On 21 May 2020, the Council resolved that a new bylaw is appropriate to regulate or control trading in public places by stalls and mobile shops (Resolution 2020/29 refers). On 20 May 2021, the Council resolved that a new bylaw is appropriate to regulate or control the use of roads and adjoining land, as one of two new bylaws replacing the Parking and Traffic Control Bylaw, which will revoke 17 June 2022 (Resolution 2021/20 refers).

On 07 September 2021, the Strategy and Policy Committee approved a proposal for a new Road Use Bylaw to be released for public consultation.

The period during which people could make submissions on the proposal was 13 September to 15 October 2021. Six submissions were received.

One submitter asked to be heard and made a verbal submission to the Strategy and Policy Committee 26 October 2021.

On 24 February 2022, the Council agreed that the inclusion of provisions regulating vehicles on beaches in the new Road Use Bylaw is appropriate to manage problems related to vehicle use on beaches (Resolution 2022/5 refers).

On 24 February 2022, the Council approved a proposal for the inclusion of provisions regulating vehicles on beaches in the new Road Use Bylaw to be released for public consultation.

The period during which people could make submissions on the proposal was 25 February 2022 to 24 March 2022. Eighty submissions were received.

One submitter asked to be heard and made a verbal submission to the Strategy and Policy Committee 22 March 2022.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The reports in Attachments 1 and 2 summarise the public submissions and make recommended changes to the draft bylaw in response to these submissions. If these recommendations are agreed to, Council staff advise that the Road Use Bylaw in Attachment 3 is an appropriate form of bylaw for the purposes of section 155(2)(a) of the Local Government Act 2002.

Compliance with the New Zealand Bill of Rights Act 1990

As required by section 155(2)(b) of the Local Government Act 2002, before a local authority makes a bylaw, it must determine whether the proposed bylaw has any implications under the New Zealand Bill of Rights Act 1990.

An initial assessment of these implications was included in the Road Use Bylaw Proposal for Consultation. This assessment said:

Part 2 of the New Zealand Bill of Rights Act 1990 sets out twenty rights that are affirmed and protected, that may only be subject to reasonable limits that can be demonstrably justified in a free and democratic society.

The proposed Road Use Bylaw may give rise to implications for the following rights (section numbers are references to the sections in the New Zealand Bill of Rights Act 1990):

· Section 16 – right to freedom of peaceful assembly

· Section 18 – right to freedom of movement

· Section 21 – right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence.

The Council will fully assess these implications before it makes the Road Use Bylaw. The preliminary assessment is:

· section 16 and 18 rights – the bylaw’s provisions are justified because they only limit the rights of individuals to the extent it is reasonable to do so to for other people’s rights and freedoms to be maintained

· section 21 rights – the bylaw does not contain any new powers for search or seizure, the applicable powers (that are cross-referenced in the bylaw) are in statutes.

As part of finalising the Road Use Bylaw, a full assessment of these implications has been completed.

Council staff have identified that the draft Clause 18, subclauses (1) and (2), may be in breach of sections 16 and 18 of the Bill of Rights Act. Therefore, Council staff have recommended that these subclauses are removed from the Road Use Bylaw, as detailed in the report in Attachment 1.

No other recommended changes in the reports in Attachment 1 and 2 have new implications under the New Zealand Bill of Rights Act 1990.

Staff have assessed the new bylaw, and the recommended changes comply with the legislative requirement. Regarding section 16 and 18 rights, the provisions in the new Road Use Bylaw (including the recommended changes) are justified because they only limit the rights of individuals to the extent it is reasonable to do so to for other people’s rights and freedoms to be maintained. Regarding section 21 rights, the bylaw does not contain any new powers for search or seizure, the applicable powers (that are cross-referenced in the bylaw) are in statutes.

Therefore, the final assessment is that Council staff consider the bylaw provisions, as recommended to be amended, are reasonable limits on the rights in the New Zealand Bill of Rights Act 1990.

Implications for Māori

There will be impacts on tāngata whenua from the regulation of road use and especially of vehicles on beaches. Where structures or mobile shops are allowed on roads, or where the Council regulates the use of vehicles on beaches, the location of these things will need to be compatible with the protection of sites that are significant to Māori. The significance could be for traditional, spiritual, religious, ritual, or other reasons. In addition, where the Council regulates the use of vehicles on beaches, proper consideration should be given to customary rights and access to fisheries.

As part of earlier work on vehicles on beaches, engagement was undertaken with tāngata whenua in 2021. The provisions in the Road Use Bylaw will provide the Council with a mechanism to protect significant sites through the provision of scheduled areas where vehicles are prohibited or restricted, subject to proper engagement and consultation. The schedules to the Road Use Bylaw only include Coopers Beach, and the inclusion of other beaches will require a separate consultation process.

Timing for making the bylaw

The Council’s current Parking and Traffic Control Bylaw will revoke on 17 June 2022 under section 160A of the Local Government Act 2002 because it was not reviewed by the date required under that Act. If the recommendations in this report are agreed to, the new Road Use Bylaw will be made before the current bylaw is revoked, ensuring ongoing regulation of the traffic control provisions in the Parking and Traffic Control Bylaw.

Changes from the current bylaws to the new bylaw

The new Road Use Bylaw will be significantly different to the current and former bylaws and policies, as it will cover matters that were formerly controlled by:

· Traffic control provisions in the Parking and Traffic Control Bylaw

· Mobile Shops and Hawkers Bylaw (revoked 2017)

· Skating and Cycles Bylaw

· Nuisances Bylaw

· Alfresco Dining Policy

· Vehicles on Beaches Bylaw (revoked March 2022)

The new Road Use Bylaw will streamline the regulation of activities on roads and adjoining land into one comprehensive bylaw. The provisions in the new Road Use Bylaw are consistent with the current and former bylaws and policies in their effect.

Take Tūtohunga / Reason for the recommendation

The Road Use Bylaw in Attachment 3 can be made, pursuant to sections 145 and 146 of the Local Government Act 2002, because, following the changes recommended in the report in Attachment 1, it:

a. is an appropriate form of bylaw; and

b. the bylaw provisions will be reasonable limits on the rights in the New Zealand Bill of Rights Act 1990.

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

The costs to implement the new bylaw will come from existing operational budgets.

Āpitihanga / Attachments

1. Road Use Bylaw - Analysis of Submissions - A3678677 ⇩

2. Vehicles on Beaches - Analysis of submissions - A3678688 ⇩

3. Final Road Use Bylaw - A3678691 ⇩

4. Draft Proposed Road Use Bylaw showing all tracked changes - A3678695 ⇩

5. Final Road Use Bylaw Schedule 5 Maps - A3658659 ⇩

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	In line with the Significance and Engagement Policy the recommendation to make the bylaw will have little effect on financial thresholds, ratepayers, specific demographics, or levels of service. The recommendation is consistent with existing plans and policies. Therefore, the level of significance is low.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The Local Government Act 2002 sections 82, 146, 155, 158, and 160 apply to the decision recommended in this report.
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.	As the bylaw regulates activities on roads and adjoining land across all of the wards of the District the proposal has District-wide relevance and is not within the delegations of Community Boards to consider.
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.	There will be impacts on Māori from the regulation of road use and of vehicles on beaches. Engagement was undertaken on vehicles on beaches in 2021. The provisions in the Road Use Bylaw are consistent with existing provisions in the Parking and Traffic Control Bylaw, and provisions in other current and previous bylaws and policies, as detailed in the discussion. The provisions regulating vehicles on beaches retain the status quo from the Vehicles on Beaches Bylaw. The addition of any other beach to the schedules will require appropriate consultation with Māori. Māori had an opportunity to contribute during the consultation process.
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).	Affected and interested parties were given an opportunity to share their views and preferences during the consultation phase, as detailed in Attachments 1 and 2.
State the financial implications and where budgetary provisions have been made to support this decision.	The cost of continuing the provisions of the existing bylaw in a new bylaw is covered by current operational budgets.
Chief Financial Officer review.	This report has been reviewed by the Chief Financial Officer.

Strategy and Policy Committee Meeting Agenda

3 May 2022

6 Information Reports

6.1 Resident Opinion Survey - 2021-22

File Number: A3619362

Author: Ken Lewis, Manager - Communications (Acting)

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

TAKE PŪRONGO / Purpose of the Report

To update the Strategy and Policy Committee on progress of the Resident Opinion Survey.

WHAKARĀPOPOTO MATUA / Executive SummarY

· The Council has changed its Resident Opinion Survey from an annual telephone survey to a postal survey run quarterly.

· The first quarterly survey (‘wave’) was conducted between 3 November to 7 December 2021 and the second wave was run between 19 January and 22 February 2022.

· Second wave results were released on 2 March.

· Results of the first and second wave surveys are attached along with a separate spreadsheet containing verbatim responses to questions.

· Wave 3 data collection will occur between 16 March and 19 April. Wave 3 results will be available from 27 April.

TŪTOHUNGA / Recommendation

That the Strategy and Policy Committee receive the report Resident Opinion Survey - 2021-22.

tĀHUHU KŌRERO / Background

The council has conducted an annual Resident Opinion Survey for the last 15 years to measure public perceptions of council facilities, infrastructure and services. The council has contracted Key Research to conduct annual surveys since 2018.

For 2021/22, the annual survey was changed to quarterly. One reason for this change was to acknowledge that public perceptions may be influenced by external factors, such as winter weather, or topical issues (examples may include changes to the Dog Control Bylaw, or proposals for Significant Natural Areas). A quarterly survey will provide the council four ‘snap shots’ each year, giving a more rounded picture of performance. It would also allow staff and elected members to identify seasonal fluctuations in satisfaction levels.

The change to quarterly surveys has also altered the survey method. Instead of a telephone survey, the 2021/22 survey is being conducted by post. The new survey consists of two steps:

1. An invitation letter containing an embedded link to an online survey is sent to a random selection of residents sourced from the Electoral Roll. A hard copy survey with Freepost envelope is also provided for those who prefer paper-based surveys.

2. A reminder postcard is sent 10 days to two weeks later.

This method provides respondents a full month to consider their responses and has resulted in higher response rates than telephone surveys. Key Research aims to send 1000 invitations per wave (quarter) to achieve valid survey results.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Navigating the survey dashboard

To access the survey dashboard, open the spreadsheet, Enable Editing and then Enable Content. Click on the Key Findings menu tab.

The Menu links to survey findings related to specific service areas – Three waters, Roads and footpaths, and so on. There is a drop-down menu that provides Wave and Year to Date options. Selecting YTD provides annual comparisons of surveys from 2018 to 2022 (YTD). A second dropdown menu selects individual Wards.

Survey respondents are asked to apply a satisfaction rating scale:

1-2: Very dissatisfied/Very poor

3-4: Dissatisfied/Poor

5-6: Neutral

7-8: Satisfied/Good

9-10: Very satisfied/Very good.

Some survey question results are flagged as having seen significant changes of %7-10 in either satisfaction or dissatisfaction scores between 2021 and 2022 (YTD). You can change the Satisfaction rating levels that are displayed by going to the Home page (click Home top left). Change the Satisfaction rating scale using the up /down arrows and return to Key findings.

The total sample for wave 2 is n=186 residents where 77 residents completed the survey online and 109 residents took part using the paper questionnaire. The target sample per wave is n=125 residents. By ward, 43 respondents are from the Te Hiku Ward, 98 respondents are from the Bay of Islands-Whangaroa Ward and 45 respondents are from the Kaikohe-Hokianga Ward.

Key findings – Wave 2

Overall satisfaction with Council’s performance has decreased from 39% in wave 1 to 25% in wave 2.

Satisfaction with Water management, Recycling disposal services, and Public facilities improved compared with the previous wave. There was a decline in satisfaction for Overall reputation, Overall value for money, Roads and footpaths, and Parks, reserves and open spaces. The year-to-date satisfaction ratings for most of these overall measures, however, are higher than the 2021 results.

For roads and footpaths, Wave 2 results for measures relating to footpaths are significantly lower than the Wave 1 scores. Some verbatim comments point to unavailability of footpaths where residents live and poor quality/maintenance.

On water management, there was a considerable improvement in perceptions of water supply, continuity of supply, the taste of the water and the clarity of the water. Satisfaction with water odour and pressure declined, as did satisfaction with the sewerage system and stormwater management.

Wave 3 timeline: Data will be collected between 16 March and 19 April. The dashboard for Wave 3 will be available on 27 April 2022. This will be sent out to committee members separately as a supplementary report.

Analysis

While some indicators in Wave 2 results have improved, satisfaction in key areas have declined between waves. This may be due to relatively small sample sizes. The target sample per wave is n=125 residents. The total sample for Wave 2 was n=186 residents.

If we use a total sample of 160 residents, the margin of error would be plus or minus 7%, providing a range of 14 points. For this sample size, a change of 14 points would fall within the margin of error.

While the total sample for Wave 2 was slightly greater at 186 residents, overall satisfaction with council’s performance dropped 14 points from 39% to 25%. This change seems dramatic but is less concerning when the margin of error is taken into account.

To smooth out extreme fluctuations inherent within small sample sizes, international best practice is to ‘roll’ the results to create a rolling measure. In this case, the rolling measure would be applied after Wave 4 surveys are completed and then to subsequent results. A more accurate picture of resident opinion will be known only after Wave 4 results are published.

Feedback gathered from customers following their interactions with the council do not support the dramatic shift in opinion indicated by Wave 2 results. For example, customer satisfaction between 1 October 2021 and 31 March 2022 went up compared to the previous two quarters.

The average Overall Customer Satisfaction CSAT (measures satisfaction with that particular experience) for the 1 October 2021- 31 March 2022 period was 3.95 out of 5. That equates to 79.2 out of 100 and was a 3.4% increase from Q4 to Q1. The response sample was provided by 2104 customers who had a direct interaction with FNDC.

The Net Promotor Score NPS (measure advocacy and reputation) also tells a different reputational story. The average NPS for the period 1 October 2021- 31 March 2022 was 25.5 (on a 200-point scale of -100 to +100). This 25.5 score represents a 24% increase from Q4 to Q1.

NB: An NPS score above 0 is baseline ‘good’ because it means you have more Promoters than Detractors. An NPS score of 20+ is considered ‘satisfactory’ to ‘favourable’.

The NPS score was based on a sample size of 1266 customer responses.

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

Total existing survey budget of $27,000 will be invoiced in four instalments of $6,750.

Āpitihanga / Attachments

Nil

Strategy and Policy Committee Meeting Agenda

3 May 2022

6.3 Natural and Built Environments Act further feedback to the Ministry for the Environment.

File Number: A3612973

Author: Andrew McPhee, Senior Policy Planner

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

TAKE PŪRONGO / Purpose of the Report

The purpose of the report is to inform the Strategy and Policy Committee of feedback submitted by the Far North District Council (Council) on the further questions from the Ministry for the Environment (MfE) on the Natural and Built Environments Act (NBA).

WHAKARĀPOPOTO MATUA / Executive SummarY

Central Government is in the process of reforming New Zealand’s resource management framework. The Resource Management Act 1991 (RMA) will be repealed and replaced with three new pieces of legislation.

An exposure draft for the NBA was the first of those three new pieces of legislation available for comment and a submission was prepared and lodged by the Council on 3 August 2021.

After reviewing the submissions on the exposure draft for the NBA, MfE posed some further questions and invited Council to respond. Feedback on these questions was required by 28 February 2022.

Internal feedback was collated within Council and was provided to MfE on 25 February 2022.

TŪTOHUNGA / Recommendation

That the Strategy and Policy Committee receive the report Natural and Built Environments Act further feedback to the Ministry for the Environment.

tĀHUHU KŌRERO / Background

In February 2021, Central Government announced it would repeal the RMA and enact new legislation based on the recommendations of the Resource Management Review Panel. Three new Acts are being prepared:

· Natural and Built Environments Act (NBA) - the main replacement for the RMA and is designed to protect and restore the environment while better enabling development;

· Strategic Planning Act (SPA) - requires the development of long-term regional spatial strategies to help coordinate and integrate decisions made under relevant legislation; and

· Climate Adaptation Act (CAA) - supports New Zealand’s response to the effects of climate change and will address the legal and technical issues associated with managed retreat, as well as the funding and financing for adaptation.

A submission was prepared by Council on the exposure draft for the NBA and was lodged with the MfE on 3 August 2021 (see Attachment 1).

A select committee reviewed the feedback and made 37 recommendations on 18 November 2021. Following these recommendations, a further discussion document on the future resource management system was issued in November 2021 and asked for further feedback in the form of several questions. Council provided feedback on 25 February 2022 (see Attachment 2).

The timing required to provide feedback meant approval could not be obtained through the Strategy and Policy Committee (STRAT). The submission was prepared inhouse by a Council officer and content was consulted on with the following:

· Internal departments:

o Environmental services

o Monitoring

o Strategic Policy and Planning

o Infrastructure

o Te Hono

· the Chair and Deputy Chairperson of the STRAT;

· the General Manager – Strategic Policy and Planning; and

· the Manager – District Planning

The submission was lodged under delegated authority through the Strategy and Policy Committee Terms of Reference.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Similarly, to the feedback provided on the exposure draft in August 2021, Council was limited in terms of what it could meaningfully feedback given the limited detail provided both in the exposure draft of the NBA and the more recent materials for discussion. Detail around the SPA and CAA and how they will relate to the NBA was also absent.

In line with the topics and questions raised in the further material, Council’s feedback concentrated on the following topics:

· National Planning Framework (NPF) – Council considered that the NPF needs to be in place and cover the full range of resource management issues prior to any regional spatial strategies or NBA plans being released. Council also commented on timeframes for review and alignment with other Council documents and strategies.

· Regional Spatial Strategies (RSS) – Council commented on the importance of practical implementation plans with triggers to deliver wider infrastructure requirements and funding. Any agreements around who pays for what, how and when needs to be cemented up front to ensure that RSS can be implemented, is legally transparent and is binding.

· NBA plans – Council stressed the importance of local democratic input in any plan or placemaking process. Further questions were posed to MfE about the potential of sub-regional plans in terms of what they would include, their statutory weight and what obligation an NBA plan would have to include sub-regional content.

· RSS and NBA joint committees – Council had concerns around the makeup and function of joint committees including tangata whenua representation. It was difficult to understand or interpret what influence local authorities and select iwi and hapū groups would have within their jurisdiction.

· Consenting – Council supported the new framework as in theory it should be a marked improvement with simplified activity classes, consistency of rules, definitions, and clarity as to which applications are to be notified. Concern remains how councils will apportion rights to adversely affect natural resources where they are approved under the NPF and how these systems ensure environmental bottom lines are not crossed in instances where there are cumulative effects.

· Compliance, monitoring, and enforcement (CME) – Council supported user pays in circumstances where significant Council resource is required for investigation and enforcement. Concern remains around independent decision making when it is anticipated that local authorities will continue to be responsible for the delivery of CME services, including decision-making about when to take enforcement action and what type of action to take.

· Monitoring and system oversight – Council supported the proposed approach to monitoring and oversight as it should lead to positive outcomes for the environment. Concern remains around implementation and the potential to impose a significant cost burden on Council, being the expectation is that councils will continue to be responsible for it.

· Role of local government in the future system – Council still has concerns around the accountability relationship between joint committees and their constituent local authority. There is a need for a clear process road map which demonstrates how local, regional, and central government contribute to the future resource management system.

· National Māori entity – Council considered the establishment of a national Maori entity in the new resource management system problematic, as the framework is addressing a regional environment. While a National Māori entity would provide oversight over systems and processes it would need to delegate true authority to the regional Māori (iwi/hapū) authority(ies).

· Enhanced Mana Whakahono ā Rohe arrangements, integrated with transfers of powers and joint management agreements – Council considered the process could be enabled and integrated with transfers of powers and joint management agreements. It is important that enhanced Mana Whakahono ā Rohe include all whenua, wai and taonga interests.

· Funding in the future system – Council considered that the responsibility in terms of funding the proposed function under the new legislation needs to be fairly apportioned across the nation and not left to a handful of districts to protect. Council recommended that a comprehensive funding report be developed so parliament, local government and communities can support and adopt it. A full and frank discussion on the issue would be vital to ensure local government contributions are fair and affordable. Council reiterated its concern around the significant difficulty attracting and retaining the capacity and expertise it needs to carry out its existing resource management functions.

It is expected that the feedback submitted by Council and other stakeholders will be further considered by Central Government and will contribute to the content and makeup of the NBA and SPA Bills in the third quarter of 2022.

Government’s intention is to enact both the NBA and the SPA in this parliamentary term (2023).

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

There are no financial implications for Council contributing by way of further feedback to MfE on the NBA. The preparation of the submission was absorbed within existing budgets.

Āpitihanga / Attachments

1. FNDC Submission NBA exposure draft_August2021 - A3612965 ⇩

2. 2022 02 24 RM reform further feedback - A3612960 ⇩

Strategy and Policy Committee Meeting Agenda

3 May 2022

6.4 Mana Whakahono-ā-Rohe /Iwi Participation Arrangement with Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi

File Number: A3666679

Author: Greg Wilson, Manager - District Planning

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

TAKE PŪRONGO / Purpose of the Report

The purpose of this report is to raise awareness and inform the Strategy and Policy Committee that Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi have initiated a Mana Whakahono-ā-Rohe/Iwi Participation Arrangement with Far North District Council (Council). We will also provide an update of the progress of the arrangement to date.

WHAKARĀPOPOTO MATUA / Executive SummarY

Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi formally initiated the Mana Whakahono-ā-Rohe/Iwi Participation Arrangement with Council by letter on 19 August 2021. A formal hui was held 3 November 2021 between Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi CEO Sam Napia, Council’s CEO (at the time), Shaun Clarke and General Manager Strategy & Policy, Darren Edwards. In this formal hui, timeframes, resourcing, and the beginnings of a negotiation process were agreed and recorded.

Council has since engaged a consultant to facilitate and draft the Mana Whakahono-ā-Rohe/Iwi Participation Arrangement. The first Draft Mana Whakahono-ā-Rohe was provided to Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi on 7 March 2022.

The Mana Whakahono-ā-Rohe/Iwi Participation Arrangement with Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi, presents Council with an opportunity to improve working relationships with tangata whenua and enhance Māori participation in resource management and decision-making processes. Engagement in the process is a statutory requirement for Council under the Resource Management Act 1991.

TŪTOHUNGA / Recommendation

That the Strategy and Policy Committee receive the report Mana Whakahono-ā-Rohe /Iwi Participation Arrangement with Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi.

tĀHUHU KŌRERO / Background

The Resource Management Act (RMA) 1991 was amended in April 2017 to introduce a new process (Mana Whakahono-ā-Rohe/Iwi Participation Arrangements) for establishing iwi participation arrangements between tangata whenua (through iwi authorities) and councils.

The intent of the legislation is to:

• Improve working relationships between tangata whenua and local authorities

• Enhance Māori participation in RMA resource management and decision-making processes

Once a formal Mana Whakahono initiation is made, Council is obliged to respond and conclude the process within 18 months from receipt of the invitation. Mandatory content to be discussed, agreed, and recorded includes the following:

i. how an iwi authority may participate in the preparation or change of a District Plan;

ii. how the participating authorities will undertake consultation requirements;

iii. how the participating authorities will work together to develop and agree on methods for monitoring under the RMA;

iv. how the participating authorities will give effect to the requirements of any relevant iwi participation legislation;

v. a process for identifying and managing conflicts of interest; and

vi. the process that the parties will use for resolving disputes about the implementation of the Mana Whakahono.

Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi formally initiated the Mana Whakahono with Council by letter on 19 August 2021, with a formal hui held 3 November 2021 between Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi CEO, Sam Napia and Council’s CEO (at the time), Shaun Clarke and General Manager Strategy & Policy, Darren Edwards. In this formal hui, timeframes, resourcing, and the beginnings of a negotiation process were agreed. In this formal hui, it was agreed that timeframes would be sped up, with a target Mana Whakahono conclusion date of August 2022.

Subsequently, Council have engaged a consultant to facilitate the development, preparation, and an implementation plan of the Mana Whakahono. A project plan and a working draft Mana Whakahono have been prepared and shared with Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi on 7 March 2021 as we start the development of the Mana Whakahono content. We are currently across Council to inform the development of the Mana Whakahono arrangement and are engaging directly with Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

The process presents the opportunity to establish a working relationship with Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi, the largest Iwi grouping in Aotearoa New Zealand. Ngāpuhi are made up of approximately 96 hapū, 74 marae, and approximately 125,601 people^{^[1]} that whakapapa (genealogically affiliate) to the iwi.

The iwi has not settled, and no mandate has been established to enable the negotiation process. However, the Crown is preparing for settlement and has launched Tupu Tonu, an investment fund valued at $150m. The purpose of the fund is to identify and acquire assets in preparation of settlement.

The Mana Whakahono will allow Council and Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi to work together on environmental issues as promoted through the RMA, with the intention to enhance Māori participation in resource management and decision-making. As detailed above, the Mana Whakahono-ā-Rohe/Iwi Participation Arrangement process is a statutory relationship tool that Council must respond to it.

The ‘must include content’ of the Mana Whakahono arrangement is limited to processes established under the RMA (see list above), however, Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi have expressed a desire to include broader relationship protocols. This may include a shared vision, common, guiding principles, and funding/resourcing arrangements.

The Mana Whakahono will formalise engagement procedures for District Plan development, resource consenting, and environmental monitoring. This will provide certainty to Council when undertaking their roles and functions under the RMA, as well as establishing communication lines for the community when undertaking development within the Ngāpuhi rohe (area).

Additionally, the Mana Whakahono arrangement will support Council in upholding their responsibilities under Te Tiriti o Waitangi / Treaty of Waitangi. Several risks have been identified, particularly as it relates to Council’s ability to implement the outcomes of the arrangement within the agreed or statutory timeframe, and whether there is sufficient resource available to support implementation.

We will be meeting with Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi at the end of April to confirm the negotiation process, agree milestones, and establish review/feedback procedures. This will ultimately determine the next steps and whether the August 2022 timeframes can be maintained.

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

There will be short to medium term financial implications to support the implementation of the Mana Whakahono-ā-Rohe/Iwi Participation Arrangement. Budgetary considerations need to factor in changes to Council standard operating practices, as well as supporting Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi to build capacity and capability. Council will need review current budget lines as well planning financially in Annual and Long-Term Plans.

Āpitihanga / Attachments

Nil

Strategy and Policy Committee Meeting Agenda

3 May 2022

6.5 Completion of the Draft District Plan and Timetable for Notification

File Number: A3669269

Author: Greg Wilson, Manager - District Planning

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

TAKE PŪRONGO / Purpose of the Report

To inform elected members of outstanding matters necessary to resolve prior to seeking elected member authorisation for notification of the Proposed Far North District Plan 2022.

WHAKARĀPOPOTO MATUA / Executive SummarY

Council is completing a full review the Operative Far North District Plan 2009 (District Plan) and a draft District Plan was made available for community feedback in March 2021. The draft plan has been developed to achieve sustainable management of natural and physical resources through balancing enabling provisions with relevant protection and management methods.

Staff reported on a proposed timeframe for authorisation of plan notification to the November 2021 Strategy and Policy Committee meeting. The proposed schedule identified a May 2022 date to seek authorisation for plan notification, based on the completion of several tasks. Whilst most of these matters have been addressed, the conclusion of Iwi Authority consultation continues. This important element of plan consultation is still occurring, and any advice received is being incorporated into plan provisions where appropriate.

All advice received is detailed in the relevant section 32 reports, to explain what was sought and how Council responded. The completion of this process means that authorisation for plan notification will be sought in the June 2022 Strategy and Policy Meeting.

TŪTOHUNGA / Recommendation

That the Strategy and Policy Committee receive the report Completion of the Draft District Plan and Timetable for Notification

tĀHUHU KŌRERO / Background

1. A consolidated review of the District Plan is being undertaken to align with a range of national and regional directions that have direct implications for Far North communities. The District Plan is being authored in accordance with new national planning standards, changing the structure of the plan and incorporating mandatory content.

2. The District Plan must also play a role in representing a new strategic direction for the district. The plan’s ten-year lifespan must bring together strands from Council’s long term strategic direction that is represented in FN2100 whilst demonstrating how we can meet our statutory requirements to ensure that the supply of zoned land and infrastructure meets the district’s expected demands for housing and business land.

3. The draft District Plan has been in development since 2016, with the most recent edition released for public, stakeholder and tangata-whenua feedback in March 2021. Engagement has been undertaken with Far North communities in two previous iterations, both in 2016 and 2018/2019 including a series of roadshows and information sessions in key locations.

4. The most recent iteration, including the provision of maps and full draft plan text, is an extension on the previous engagement. Inclusion of spatial planning elements including maps containing zones and resource overlays represents a much more specific level of detail. It does however develop on the policy framework progressed through the previous engagement.

5. The District Plan Team reported on the progress and ongoing engagement on the making of the new plan in November 2021. Since that time, evaluation of the draft plan has continued including the progression of the following matters:

· Analysis and integration of new Region Wide Coastal and River Flood Hazard Maps

· Evaluation of flood hazard risk in Waipapa utilising the new Region Wide River Flood Hazard Maps

· Evaluation of feedback on draft Heritage Areas and direction setting with elected member input on next steps

· Continuation of iwi engagement, in accordance with the consultation requirements of Clause 3B and Clause 4 of Schedule 1 of the Resource Management Act 1991 (RMA)

· Updating of section 32 reporting to reflect the outcomes of iwi engagement and public feedback

· Integration of plan content in the e-plan format

6. These processes have been further developed and integrated within the proposed plan provisions and section 32 reporting. The process of iwi engagement, including consultation with iwi authorities has also progressed but had not been completed. Several iwi authorities remain active in responding on the draft plan. In addition to this on August 2021, Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi have initiated a Mana Whakahono-ā-Rohe / Iwi Participation Arrangement with Far North District Council, which will create new and more integrated resource management processes involving Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi, whilst strengthening the relationship with country’s largest iwi authority.

7. These processes have been further developed and integrated within the proposed plan provisions and section 32 reporting. The process of iwi engagement, including consultation with iwi authorities has also progressed but had not been completed. A number of iwi authorities remain active in responding the draft plan. In addition, Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi have initiated a Mana Whakahono-ā-Rohe /Iwi Participation Arrangement with Far North District Council in August 2021, which will create new and more integrated resource management processes involving Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi, whilst strengthening the relationship with country’s largest iwi authority.

8. Section 32(a) of the RMA requires that Council summarise all provided by iwi authorities as well as summarise the response to all advice in Council’s section evaluation report. Discussions with a number of iwi authorities are continuing, and further plan evaluation and integration will be required prior to finalising the proposed plan and associated reporting.

9. The timeline set out below summarise the process and key steps and dates for plan development upon notification.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

1. Several elected member workshops and briefing sessions have been conducted in first quarter of 2022 to bring to elected members appropriate information, options, and recommendations to achieve sustainable management outcomes through the district plan.

2. Discussions will continue with elected members as the proposed plan continues along the path seeking elected ember authorisation for public notification.

3. The premise of the approach is to ensure that there are several check points to allow elected members to be fully aware of issues raised by the relevant tangata-whenua parties and Far North communities and to ensure that staff can provide analysis and evaluation of the feedback, consistent with our statutory role, to allow elected members to make informed decisions on the direction of the proposed plan.

4. Quality assurance, technical integrity and e-plan integration will continue to occur as elected member direction setting takes place.

5. A final version of the proposed plan will be brought to the June 14, 2022, Strategy and Policy meeting for elected member authorisation for notification to occur in June 2020.

6. Discussions, support, and guidance with other Council Departments impacted by plan implementation will continue with a view to ensure that efficient processing of resource consents, Land information Memorandum, Project Information Memorandum and RMA monitoring can be achieved post notification.

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

Council has a legal obligation to have a district plan and review that plan. Ongoing engagement, refinement of plan content and notification of the plan and associated statutory processes will continue to draw on staff resource and allocated budget for district plan processes, including the use of external specialists.

There may be relevant matters that fall outside of the current version of the plan, that must be given regard to under the RMA, such as new highly productive land and biodiversity provisions in national direction instruments.

Āpitihanga / Attachments

Nil

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.