Te Kaunihera o Tai Tokerau ki te Raki

 

 

AGENDA

 

Infrastructure Committee Meeting

 

Wednesday, 15 June 2022

Time:

9:30 am

Location:

Council Chamber

Memorial Avenue

Kaikohe

 

 

Membership:

Chairperson Felicity Foy

Mayor John Carter

Deputy Mayor Ann Court

Cr Dave Collard

Cr Rachel Smith

Cr Kelly Stratford

Cr John Vujcich

Member Adele Gardner

 

 


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Authorising Body

Mayor/Council

Status

Standing Committee

 

 

COUNCIL COMMITTEE

 

 

Title

Infrastructure Committee Terms of Reference

Approval Date

7 May 2020

Responsible Officer

Chief Executive

Purpose

The purpose of the Infrastructure Committee (the Committee) is to ensure cost effective, quality and sustainable infrastructure decisions are made to meet the current and future needs of Far North communities and that Councils infrastructure assets are effectively maintained and operated.

 

The Committee will review the effectiveness of the following aspects:

·         Affordable core infrastructure to support healthy and sustainable living.

·         Operational performance including monitoring and reporting on significant infrastructure projects

·         Delivery of quality infrastructure and district facilities

·         Financial spend and reprogramming of capital works

·         Property and other assets

 

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, Councils’ infrastructure assets such as roading, three waters and district facilities.

 

Membership

The Council will determine the membership of the Infrastructure Committee. 

 

The Infrastructure Committee will comprise of at least six elected members (one of which will be the chairperson).

 

Mayor Carter

Felicity Foy – Chairperson

Ann Court – Deputy Chairperson

Dave Collard

Kelly Stratford

John Vujcich

Rachel Smith

Adele Gardner

 

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

 

Quorum

The quorum at a meeting of the Infrastructure Committee is 5 members. 

 

Frequency of Meetings

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

Power to Delegate

The Infrastructure Committee may not delegate any of its responsibilities, duties or powers.

 

Committees Responsibilities

The Committees responsibilities are described below:

 

Quality infrastructure and Facilities  

·         Assess and provide advice to Council on strategic issues relating to the provision of Council’s infrastructural activities and district facilities

·         Review, and recommend to Council, policy and strategies for the delivery of infrastructural asset services

·         Monitor achievement of outcomes included in the Infrastructure Strategy and other infrastructure strategies e.g District Transport Strategy

·         Ensure that Council protects its investment in its infrastructural assets in accordance with accepted professional standards

·         Monitor the risks, financial and operational performance of the Council's infrastructural activities and facilities

·         Monitor major contract performance measures/key result areas (KRAs)

 

Significant Projects – spend, monitoring and reporting

·         Monitor significant projects

·         Approve budget overspend (above tolerance levels in the CE delegations) and any reprogramming of capex for a project or programme provided that:

o    The overall budget is met from savings

o    The overall budget for capex is not exceeded.  Where this is not the case, the Committee must either:

§  Recommend to Council that additional funding is approved (outside the Annual Plan or Long-Term Plan process), or

§  Recommend as part of the next round of Long-Term Plan or Annual Plan process that the funding is considered for inclusion.

·         Approve tenders and contracts provided they are:

o    Up to $3 million,

o    in accordance with the current year’s plan, whether that be Annual Plan or Long-Term Plan, and

o    deemed low by the Significance and Engagement Policy

 

Compliance

·         Ensure that operational functions comply with legislative requirements and Council policy

·         Ensure that consents associated with Council's infrastructure are being met and renewals are planned for

 

Service levels (non-regulatory)

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

 

Relationships

·         Monitoring Council’s relationship with the Northland Transportation Alliance

o    Receive quarterly performance reports

·         Monitoring Council’s relationship with the Far North Waters Alliance Partner

 

Property

·         Recommend to Council the acquisition or disposal of assets.

·         Approve new leases and lease renewals (of non-reserve land), in accordance with the current years’ plan, whether that be Annual Plan or Long-Term Plan.

Receive updates on changes to national and regional policies that impact on Council provision of infrastructure and where appropriate make recommendation to Council.

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.

 

 


 

INFRASTRUCTURE 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

 

 

Carter Family Trust

 

 

 

Felicity Foy (Chair)

Flick Trustee Ltd

I am the director of this company that is the company trustee of Flick Family Trust that owns properties in 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

 

 

 

Friends with some FNDC employees

 

 

 

Deputy Mayor Ann Court (Deputy)

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 Collard

Snapper Bonanza 2011 Limited

45% Shareholder and Director

 

 

Trustee of Te Ahu Charitable Trust

Council delegate to this board

 

 

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 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

 

 

Kelly Stratford

KS Bookkeeping and Administration

Business Owner, provides bookkeeping, 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

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

Adele Gardner

N/A - FNDC Honorarium

 

 

 

Te Hiku Education Trust

Trustee

 

 

Te Ahu Charitable Trust

Trustee

 

 

ST Johns Kaitaia Branch

Trustee/ Committee Member

 

 

Te Hiku Sports Hub Committee

Committee Member

 

 

I know many FNDC staff members as I was an FNDC staff member from 1994-2008.

 

 

 

Partner of Adele Gardner

N/A as Retired

 

 

 

 

 

 


Infrastructure Committee Meeting Agenda

15 June 2022

 

Far North District Council

Infrastructure Committee Meeting

will be held in the Council Chamber, Memorial Avenue, Kaikohe on:

Wednesday 15 June 2022 at 9:30 am

Te Paeroa Mahi / Order of Business

1          Karakia Timatanga – Opening Prayer. 13

2          Nga Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest 13

3          Te Tono Kōrero / Deputation. 13

4          Confirmation of Previous Minutes. 14

4.1            Confirmation of Previous Minutes. 14

5          Information Reports. 21

5.1            Infrastructure Committee Action Sheet Update April 2022. 21

6          Te Wāhanga Tūmataiti / Public Excluded. 25

6.1            Confirmation of Previous Minutes - Public Excluded. 25

6.2            Approval to award Kerikeri Clarifier Renewal Contract 7-21-404. 25

7          Karakia Whakamutunga – Closing Prayer. 26

6          Te Kapinga Hui / Meeting Close. 26

 

 


1            Karakia Timatanga – Opening Prayer

2            Nga 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 Committee 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            Te Tono Kōrero / Deputation

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


Infrastructure Committee Meeting Agenda

15 June 2022

 

4            Confirmation of Previous Minutes

4.1         Confirmation of Previous Minutes

File Number:           A3700951

Author:                    Rhonda-May Whiu, Democracy Advisor

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

Purpose of the Report

The minutes of the previous Infrastructure Committee meeting are attached to allow the Committee to confirm that the minutes are a true and correct record.

Recommendation

That the Infrastructure Committee confirm that the minutes of the meeting held 4 May 2022 be confirmed as a true and correct record.

 

1) Background

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

2) Discussion and Options

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

Reason for the recommendation

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

3) Financial Implications and Budgetary Provision

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

Attachments

1.       2022-05-04 Infrastructure Committee Minutes - A3726246  


 

Compliance schedule:

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

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

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

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

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

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

 

Compliance requirement

Staff assessment

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

This is a matter of low significance.

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

This report complies with the Local Government Act 2002 Schedule 7 Section 28.

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

It is the responsibility of each meeting to confirm their minutes therefore the views of another meeting are not relevant.

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

There are no implications 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 (for example – youth, the aged and those with disabilities.

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.

 

 


Infrastructure Committee Meeting Agenda

15 June 2022

 


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Infrastructure Committee Meeting Agenda

15 June 2022

 

5            Information Reports

5.1         Infrastructure Committee Action Sheet Update April 2022

File Number:           A3700961

Author:                    Rhonda-May Whiu, Democracy Advisor

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

Take Pūrongo / Purpose of the Report

To provide the Infrastructure Committee with an overview of outstanding decisions from 1 January 2020.

WhakarĀpopoto matua / Executive Summary

·      Council staff have reintroduced action sheets as a mechanism to communicate progress against decisions/resolutions and confirm when decisions have been implemented.

·      The focus of this paper is on decisions made by the Infrastructure Committee.

·      Action sheets are also in place for Council and Community Boards.

 

tŪtohunga / Recommendation

That the Infrastructure Committee receive the report Action Sheet Update June 2022.

 

1) TĀhuhu kŌrero / Background

The Democracy Services Team have been working on a solution to ensure that elected members can receive regular updates on progress against decisions made at meetings, in alignment with a Chief Executive Officer key performance indicator.

Action sheets have been designed as a way to close the loop and communicate with elected members on the decisions made by way of resolution at formal meetings.

Action sheets are not intended to be public information but will provide updates to elected members, who, when appropriate can report back to their communities and constituents.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The outstanding tasks are multi-facet projects that take longer to fully complete.

The Democracy Services staff are working with staff to ensure that the project completion times are updated so that action sheets provided to members differentiate between work outstanding and work in progress.

Take Tūtohunga / Reason for the recommendation

To provide the Infrastructure Committee with an overview of outstanding committee decisions from 1 January 2020.

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

There are no financial implications or need for budgetary provision in receiving this report.

Āpitihanga / Attachments

1.       Infrastructure Committee Action Sheet June 2022 - A3726569  

 


Infrastructure Committee Meeting Agenda

15 June 2022

 


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Infrastructure Committee 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 - Confirmation of Previous Minutes - Public Excluded

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

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

6.2 - Approval to award Kerikeri Clarifier Renewal Contract 7-21-404

s7(2)(b)(i) - the withholding of the information is necessary to protect information where the making available of the information would disclose a trade secret

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

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

 

 

 

 

 


Infrastructure Committee Meeting Agenda

15 June 2022

 

7            Karakia Whakamutunga – Closing Prayer

6            Te Kapinga Hui / Meeting Close