Te Kaunihera o Tai Tokerau ki te Raki

 

 

AGENDA

 

Extraordinary Council Meeting

 

Wednesday, 15 June 2022

Time:

10:30am

Location:

Council Chamber, Kaikohe

 

 

Membership:

Mayor John Carter - Chairperson

Cr Ann Court

Cr David Clendon

Cr Dave Collard

Cr Felicity Foy

Cr Mate Radich

Cr Rachel Smith

Cr Kelly Stratford

Cr Moko Tepania

Cr John Vujcich

 

 


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

 

 

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

 

 

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

 

 

 

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

 

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

 

Far North District Council

Extraordinary Council Meeting

will be held in the Council Chamber, Kaikohe on:

Wednesday 15 June 2022 at 10:30am

Te Paeroa Mahi / Order of Business

1          Karakia Timatanga / Opening Prayer. 11

2          Ngā Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest 11

3          Ngā tono kōrero / Deputations. 11

4          Ngā Kōrero A Te Koromatua / Mayoral Announcements. 11

5          Reports. 12

5.1            Temporary Road Closure – Far North Rally. 12

5.2            Adoption of Fees and Charges for 2022-23. 19

6          Te Wāhanga Tūmataiti / Public Excluded. 59

6.1            Paihia Waterfront Storm Mitigation Project 59

7          Karakia Whakamutunga / Closing Prayer. 60

8          Te Kapinga Hui / Meeting Close. 60

 

 


1            Karakia Timatanga / Opening Prayer

 

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

Members need to stand aside from decision-making when a conflict arises between their role as a Member of the Council and any private or other external interest they might have. This note is provided as a reminder to Members to review the matters on the agenda and assess and identify where they may have a pecuniary or other conflict of interest, or where there may be a perception of a conflict of interest.

If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the meeting or of the relevant item of business and refrain from participating in the discussion or voting on that item. If a Member thinks they may have a conflict of interest, they can seek advice from the Chief Executive Officer or the Team Leader Democracy Support (preferably before the meeting).

It is noted that while members can seek advice the final decision as to whether a conflict exists rests with the member.

3            Ngā tono kōrero / Deputations

No requests for deputations were received at the time of the agenda going to print.

4            Ngā Kōrero A Te Koromatua / Mayoral Announcements    


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 2nd 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

 


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Extraordinary Council Meeting Agenda

15 June 2022

 


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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

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

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

 

 


Extraordinary Council Meeting Agenda

15 June 2022

 


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Extraordinary Council Meeting Agenda

15 June 2022

 


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Extraordinary Council Meeting Agenda

15 June 2022

 

6            TE WĀHANGA TūMATAITI / Public ExcludeD

 

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendation

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

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

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

6.1 - Paihia Waterfront Storm Mitigation Project

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

 

 

 

 

 


Extraordinary Council Meeting Agenda

15 June 2022

 

 

7            Karakia Whakamutunga / Closing Prayer

 

8            Te Kapinga Hui / Meeting Close