Agenda of Extraordinary Council Meeting - Wednesday, June 15, 2022

Extraordinary Council Meeting Agenda

15 June 2022

COUNCIL MEMBERS REGISTER OF INTERESTS

Name	Responsibility (i.e. Chairperson etc)	Declaration of Interests	Nature of Potential Interest	Member's Proposed Management Plan
Hon Mayor John Carter QSO	Board Member of the Local Government Protection Programme	Board Member of the Local Government Protection Program
Hon Mayor John Carter QSO	Carter Family Trust
Deputy Mayor Ann Court	Waipapa Business Association	Member		Case by case
	Warren Pattinson Limited	Shareholder	Building company. FNDC is a regulator and enforcer	Case by case
	Kerikeri Irrigation	Supplies my water		No
	District Licensing	N/A	N/A	N/A
	Ann Court Trust	Private	Private	N/A
	Waipapa Rotary	Honorary member	Potential community funding submitter	Declare interest and abstain from voting.
	Properties on Onekura Road, Waipapa	Owner Shareholder	Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)	Declare interest and abstain from voting.
	Property on Daroux Dr, Waipapa	Financial interest	Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)	Declare interest and abstain from voting.
	Flowers and gifts	Ratepayer 'Thankyou'	Bias/ Pre-determination?	Declare to Governance
	Coffee and food	Ratepayers sometimes 'shout' food and beverage	Bias or pre-determination	Case by case
	Staff	N/A	Suggestion of not being impartial or pre-determined!	Be professional, due diligence, weigh the evidence. Be thorough, thoughtful, considered impartial and balanced. Be fair.
	Warren Pattinson	My husband is a builder and may do work for Council staff		Case by case
Ann Court - Partner	Warren Pattinson Limited	Director	Building Company. FNDC is a regulator	Remain at arm’s length
	Air NZ	Shareholder	None	None
	Warren Pattinson Limited	Builder	FNDC is the consent authority, regulator and enforcer.	Apply arm’s length rules
	Property on Onekura Road, Waipapa	Owner	Any proposed FNDC capital work in the vicinity or rural plan change. Maybe a link to policy development.	Would not submit. Rest on a case by case basis.
David Clendon	Chairperson – He Waka Eke Noa Charitable Trust	None		Declare if any issue arises
	Member of Vision Kerikeri	None		Declare if any issue arrises
	Joint owner of family home in Kerikeri	Hall Road, Kerikeri
David Clendon – Partner	Resident Shareholder on Kerikeri Irrigation
David Collard	Snapper Bonanza 2011 Limited	45% Shareholder and Director
David Collard	Trustee of Te Ahu Charitable Trust	Council delegate to this board
Felicity Foy	Flick Trustee Ltd	I am the director of this company that is the company trustee of Flick Family Trust that owns properties Seaview Road – Cable Bay, and Allen Bell Drive - Kaitaia.
	Elbury Holdings Limited	This company is directed by my parents Fiona and Kevin King.	This company owns several dairy and beef farms, and also dwellings on these farms. The Farms and dwellings are located in the Far North at Kaimaumau, Bird Road/Sandhills Rd, Wireless Road/ Puckey Road/Bell Road, the Awanui Straight and Allen Bell Drive.
	Foy Farms Partnership	Owner and partner in Foy Farms - a farm on Church Road, Kaingaroa
	Foy Farms Rentals	Owner and rental manager of Foy Farms Rentals for 7 dwellings on Church Road, Kaingaroa and 2 dwellings on Allen Bell Drive, Kaitaia, and 1 property on North Road, Kaitaia, one title contains a cell phone tower.
	King Family Trust	This trust owns several titles/properties at Cable Bay, Seaview Rd/State Highway 10 and Ahipara - Panorama Lane.	These trusts own properties in the Far North.
	112 Commerce Street Holdings Ltd	Owner of commercial property in Commerce Street Kaitaia.
	Foy Property Management Ltd	Owner of company that manages properties owned by Foy Farms Rentals and Flick Family Trust.
	Previous employment at FNDC 2007-16	I consider the staff members at FNDC to be my friends
	Shareholder of Coastline Plumbing NZ Limited
Felicity Foy - Partner	Director of Coastal Plumbing NZ Limited
Felicity Foy - Partner	Friends with some FNDC employees
Mate Radich	No form received
Rachel Smith	Friends of Rolands Wood Charitable Trust	Trustee
	Mid North Family Support	Trustee
	Property Owner	Kerikeri
	Friends who work at Far North District Council
	Kerikeri Cruising Club	Subscription Member
	Vision Kerikeri	Financial Member
Rachel Smith (Partner)	Property Owner	Kerikeri
	Friends who work at Far North District Council
	Kerikeri Cruising Club	Subscription Member and Treasurer
	Vision Kerikeri	Financial Member
	Town and General Groundcare Limited	Director, Shareholder
Kelly Stratford	KS Bookkeeping and Administration	Business Owner, provides book keeping, administration and development of environmental management plans	None perceived	Step aside from decisions that arise, that may have conflicts
	Waikare Marae Trustees	Trustee	Maybe perceived conflicts	Case by case basis
	Bay of Islands College	Parent Elected Trustee	None perceived	If there was a conflict, I will step aside from decision making
	Karetu School	Parent Elected Trustee	None perceived	If there was a conflict, I will step aside from decision making
	Māori title land – Moerewa and Waikare	Beneficiary and husband is a shareholder	None perceived	If there was a conflict, I will step aside from decision making
	Sister is employed by Far North District Council			Will not discuss work/governance mattes that are confidential
	Gifts - food and beverages	Residents and ratepayers may ‘shout’ food and beverage	Perceived bias or predetermination	Case by case basis
	Taumarere Counselling Services	Advisory Board Member	May be perceived conflicts	Should conflict arise, step aside from voting
	Sport Northland	Board Member	May be perceived conflicts	Should conflict arise, step aside from voting
	He Puna Aroha Putea Whakapapa	Trustee	May be perceived conflicts	Should conflict arise, step aside from voting should they apply for funds
	Kawakawa Returned Services Association	Member	May be perceived conflicts	Should conflict arise, step aside from voting should they apply for funds
	Whangaroa Returned Services Association	Member	May be perceived conflicts	Should conflict arise, step aside from voting should they apply for funds
	National Emergency Management Advisor Committee	Member		Case by case basis
	Te Rūnanga ā Iwi o Ngāpuhi	Tribal affiliate member	As a descendent of Te Rūnanga ā Iwi o Ngāpuhi I could have a perceived conflict of interest in Te Rūnanga ā Iwi o Ngāpuhi Council relations	Declare a perceived conflict should there appear to be one
	Te Rūnanga ā Iwi o Ngāti Hine	Tribal affiliate member	Could have a perceived conflict of interest	Declare a perceived conflict should I determine there is a conflict
	Kawakawa Business and Community Association	Member		Will declare a perceived conflict should there appear to be one
Kelly Stratford - Partner	Chef and Barista	Opua Store	None perceived
Kelly Stratford - Partner	Māori title land – Moerewa	Shareholder	None perceived	If there was a conflict of interest I would step aside from decision making
Moko Tepania	Teacher	Te Kura Kaupapa Māori o Kaikohe.	Potential Council funding that will benefit my place of employment.	Declare a perceived conflict
	Chairperson	Te Reo o Te Tai Tokerau Trust.	Potential Council funding for events that this trust runs.	Declare a perceived conflict
	Tribal Member	Te Rūnanga o Te Rarawa	As a descendent of Te Rarawa I could have a perceived conflict of interest in Te Rarawa Council relations.	Declare a perceived conflict
	Tribal Member	Te Rūnanga o Whaingaroa	As a descendent of Te Rūnanga o Whaingaroa I could have a perceived conflict of interest in Te Rūnanga o Whaingaroa Council relations.	Declare a perceived conflict
	Tribal Member	Kahukuraariki Trust Board	As a descendent of Kahukuraariki Trust Board I could have a perceived conflict of interest in Kahukuraariki Trust Board Council relations.	Declare a perceived conflict
	Tribal Member	Te Rūnanga ā-Iwi o Ngāpuhi	As a descendent of Te Rūnanga ā-Iwi o Ngāpuhi I could have a perceived conflict of interest in Te Rūnanga ā-Iwi o Ngāpuhi Council relations.	Declare a perceived conflict
John Vujcich	Board Member	Pioneer Village	Matters relating to funding and assets	Declare interest and abstain
	Director	Waitukupata Forest Ltd	Potential for council activity to directly affect its assets	Declare interest and abstain
	Director	Rural Service Solutions Ltd	Matters where council regulatory function impact of company services	Declare interest and abstain
	Director	Kaikohe (Rau Marama) Community Trust	Potential funder	Declare interest and abstain
	Partner	MJ & EMJ Vujcich	Matters where council regulatory function impacts on partnership owned assets	Declare interest and abstain
	Member	Kaikohe Rotary Club	Potential funder, or impact on Rotary projects	Declare interest and abstain
	Member	New Zealand Institute of Directors	Potential provider of training to Council	Declare a Conflict of Interest
	Member	Institute of IT Professionals	Unlikely, but possible provider of services to Council	Declare a Conflict of Interest

Extraordinary Council Meeting Agenda

15 June 2022

5 Reports

5.1 Temporary Road Closure – Far North Rally

File Number: A3706265

Author: Tania George, EA to GM - Infrastructure and Asset Management

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

Take Pūrongo / Purpose of the Report

The purpose of this paper is to gain approval for temporary road closures for the Copthorne Bay of Islands Far North Rally.

WhakarĀpopoto matua / Executive Summary

· The Copthorne Bay of Islands Far North Rally is planned to take place on Saturday 2^nd July 2022.

· Temporary road closures are required to enable this event to take place.

· Under the Local Government Act 1974, Council approval is required for the temporary road closures.

tŪtohunga / Recommendation

That Council:

a) approve the proposed temporary road closures for safe event operation during the Far North Rally on Saturday, 2nd July 2022.

1) TĀhuhu kŌrero / Background

The Copthorne Bay of Islands Far North Rally has been successfully held previously. It could not be run in 2020 or 2021 due to Covid restrictions. There is an appetite from businesses in the Far North and particularly the Bay of Islands to see the event return.

Council has a long-standing relationship with the rally organisers, who have a good record of successful events with minimal damage to the road network.

It is usual for applicants for temporary road closures to put up a bond and insurance for damage to the network. For previous events the organisers have been granted an exemption. This arrangement will continue this year with any excessive damage, that would not reasonably be addressed by routine maintenance grading, being repaired by the Rally of New Zealand Club Inc.

The detail of the temporary road closures is provided in the attached report prepared by the Northland Transportation Alliance.

The NTA will undertake pre and post rally inspections of the roads being used to identify any damage caused by the rally (if any).

The rally organisers have confirmed that they are undertaking liaison with residents and Iwi.

The rally organisers have obtained a Motorsport permit which confirms that Public Liability insurance is in place.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

This event falls within clause 11(e) of Schedule 10 of the Local Government Act 1974. The Act provides the power for Council to approve temporary road closures for any exhibition, fair, show, market, concert, film-making, race or other sporting event, or public function. Clause 12 of schedule 10 provides the ability (by Council discretion) to delegate the power of approval for temporary prohibition of traffic to any officer of the council EXCEPT for the purpose of cl 11(e).

Therefore, Council resolution is required to approve the temporary road closure to enable the rally to take place on Far North roads.

Public notices were advertised in local papers and no submissions were received.

Take Tūtohunga / Reason for the recommendation

To enable a temporary closure of several roads in the Far North to enable the Copthorne Bay of Islands Far North Rally to take place.

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

There are no direct financial costs associated with the recommendation.

Āpitihanga / Attachments

1. Attachment 1 - NTA Agenda item Temporary Road Closure for Far North Rally - A3706276 ⇩

2. Attachment 2 - Notice of Temporary Road Closures - Copthorne Bay of Islands Far North Rally - A3706277 ⇩

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	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.	N/A
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.	Local Relevance
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	Consultation as detailed in report
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	N/A
State the financial implications and where budgetary provisions have been made to support this decision.	N/A
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report

Extraordinary Council Meeting Agenda

15 June 2022

5.2 Adoption of Fees and Charges for 2022-23

File Number: A3717929

Author: Sheryl Gavin, Manager - Corporate Planning & Community Development

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

Take Pūrongo / Purpose of the Report

To adopt the schedule of fees and charges for the 2022/23 financial year.

WhakarĀpopoto matua / Executive Summary

· Under the Local Government Act 2002 (the LGA) Council is required to adopt an annual schedule of fees and charges before the start of the financial year to which they apply.

· For the 2022/23 financial year increases are limited to the Local Government Cost Index (LGCI) inflation factor with several exceptions which have been consulted on and are discussed in this report.

tŪtohunga / Recommendation

That Council adopt the Schedule of Fees and charges for 2022/23.

1) TĀhuhu kŌrero / Background

Council reviews and adjusts its fees and charges annually. Although many fees and charges may be set by Council resolution, without community consultation, under sections 12 and 150 of the LGA, some must follow a formal process that includes public consultation in accordance with section 83 (the Special Consultative Procedure or SCP) of the LGA.

In the review of fees and charges for the 2022/23 financial year, alterations were proposed to the resource consent payment process and fees. These fees can only be adopted following the SCP process.

Given that an SCP was required anyway, Council took the opportunity to ask the community for feedback on several other proposals that do not require consultation. These related to animal impound fees and cemetery fees, and the removal of the menacing/dangerous un-neutered dog registration fee category. After consultation closed several further staff-initiated proposals that had previously been overlooked were made to Councillors in a workshop setting. These are not significant changes and may be adopted without further community feedback. These changes are discussed in this report.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

In general, fees have been adjusted by inflation (LGCI) which is forecast at 2.3% for the 2022/23 financial year.

The following exceptions were proposed:

• Adjustments to Resource Consent fee structures relating predominantly to instalments charged on receipt of resource consent applications. The total cost of the application has not been increased, just the percentage of the total required as an instalment. Conversion of several fees to instalments were also proposed.

• Adjustments to animal management fees, including those for the registration of classified dangerous dogs, the removal of the after-hours impound fee with only the standard impound fee remaining in place, and increased daily handling fee for impounded animals to better reflect the actual cost of food and care.

• Adjustments to various cemetery fees, including increased burial plot and interment fees, in recognition of increasing labour and land costs.

These items were the subject of community engagement in March. 11 submissions were received. Public hearings did not proceed because no submitters requested the opportunity to be heard.

Council and staff agreed in a workshop on 12 May that Council could deliberate community feedback and adopt at the same Council meeting.

Attachment 1 summarises public feedback.

After consultation closed several staff-initiated proposals that were previously overlooked were discussed with Councillors in a workshop setting. These are not significant changes and may be adopted without further community feedback. These proposed:

• Removing library overdue fines for adults. The removal of the children and teen fines led to a 74% increase in youth book borrowing over the first year, with lost book rates remaining static; we anticipate that removing fines for adults will have the same impact, and that library use will grow across the district. The loss of revenue is negligible and can be recovered from cost savings. This change follows the example set by many other local authorities.

• Amended environmental health fees. Adjusting various food and alcohol fees, in some cases lowering the fee, and in others adding fees set by legislation and calculating registration fees on the average time to process. Adding new fees for failure to attend a scheduled verification and amendments to registration will allow for recovery of officer cost for rescheduling/processing. A new schedule of fees has been included to support the registering and operating businesses under a National Programme.

Council could decide not to adjust fees and charges as proposed. However, by doing so Council risks not recovering the actual and reasonable costs associated with these activities, placing the burden on the general ratepayer, and creating the potential for steeper increases in future years.

Take Tūtohunga / Reason for the recommendation

The reason for the recommendation is to ensure an adopted schedule of fees and charges is in place prior to the start of the 2022/23 financial year.

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

Forecast revenue from the Schedule of Fees and Charges for 2022/23 is recognised in the budget that will be adopted as part of the Annual Plan for 2022/23.

Āpitihanga / Attachments

1. 2022 Fees and Charges Consultation Summary - A3730678 ⇩

2. 2022-23 Fees and Charges Schedule - A3732856 ⇩

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	Significance of the proposed changes to the schedule of fees and charges is assessed as 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 proposed schedule of Fees and Charges links to the Annual Plan for the 2022/23 financial year.
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.	Fees and charges hold district-wide relevance. Community Boards provided input to the LTP in which the Financial Strategy (and the limit on annual fee / charge adjustments) were adopted.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	Consultation was carried out in accordance with section 83 of the LGA.
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).	Resource consent fees relate mostly to property developers and those who subdivide their land. Direct communications with known practitioners occurred. All other proposals were considered to be of general interest to all demographics.
State the financial implications and where budgetary provisions have been made to support this decision.	No specific budgetary provisions are required for adjusting fees and charges.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report

Time:	10:30am
Location:	Council Chamber, Kaikohe