Te Kaunihera o Tai Tokerau ki te Raki

 

 

AGENDA

 

Ordinary Council Meeting

 

Thursday, 11 August 2022

Time:

10:00 am

Location:

Te Ahu, Cnr State Highway 1 and

Mathews Avenue,

Kaitaia

 

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

 


Ordinary Council Meeting Agenda

11 August 2022

 

 

 

 


Ordinary Council Meeting Agenda

11 August 2022

 

Far North District Council

Ordinary Council Meeting

will be held in the Te Ahu, Cnr State Highway 1 and , Mathews Avenue, , Kaitaia on:

Thursday 11 August 2022 at 10:00 am

Te Paeroa Mahi / Order of Business

1          Karakia Timatanga / Opening Prayer. 5

2          Ngā Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest 5

3          Ngā tono kōrero / Deputations. 5

4          Ngā Kōrero A Te Koromatua / Mayoral Announcements. 5

5          Confirmation of Previous Minutes. 6

5.1            Confirmation of Previous Minutes. 6

6          Reports. 28

6.1            Three Waters Reform - Better Off Funding. 28

6.2            Rangitane Maritime Development 33

6.3            Committee Recommendations and Resolutions - July 2022. 40

6.4            Increase in Contract Value for Roading Maintenance Contracts. 55

6.5            Russell Landfill Options Report 68

7          Information Reports. 118

7.1            Progress Report: The Reintroduction of Development Contributions in the Far North District in Alignment with the 2024-34 Long Term Plan. 118

7.2            Community Board Updates July 2022. 123

7.4            Fluoridation Direction from Ministry of Health. 151

7.5            Council Action Sheet Update July 2022. 169

7.6            Elected Member Report - Water NZ Workshop and Conference 2021, Hamilton. 174

8          TE WĀHANGA TūMATAITI / Public Excluded. 182

8.1            Confirmation of Previous Minutes - Public Excluded. 182

8.2            Loan to Manea Footprints of Kupe. 182

8.3            11 Matthews Avenue, Kaitaia. 182

8.4            Extension of Contract 7/15/603 Waste Management and Minimisation Services - Northern. 183

8.5            Extension of Contract 7/15/604 Waste Management and Minimisation Services - Southern. 183

8.6            Committee Public Excluded Resolutions - July 2022. 183

8.7            Community Board Public Excluded Updates - July 2022. 183

9          Karakia Whakamutunga / Closing Prayer. 185

10       Te Kapinga Hui / Meeting Close. 185

 

 


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

Pamela-Anne Simon-Baragwanath regarding Better Off Funding and Pokapu Spillway

Joanne Civil reagrding the Rangitane Jetty

4            Ngā Kōrero A Te Koromatua / Mayoral Announcements    


Ordinary Council Meeting Agenda

11 August 2022

 

5            Confirmation of Previous Minutes

5.1         Confirmation of Previous Minutes

File Number:           A3793176

Author:                    Joshna Panday, Democracy Advisor

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

Purpose of the Report

The minutes are attached to allow Council to confirm that the minutes are a true and correct record of previous meetings.

Recommendation

That Council confirms the minutes of the Council meeting held 30 June 2022 and the Extraordinary Council meeting held 14 July 2022, 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 meetings 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 meetings.

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.       Council Minutes 30 June 2022 - A3769715

2.       Council Extraordinary Minutes 14 July 2022 - A3791659  


 

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 for 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 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.

 

 


Ordinary Council Meeting Agenda

11 August 2022

 


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Ordinary Council Meeting Agenda

11 August 2022

 


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Ordinary Council Meeting Agenda

11 August 2022

 

6            Reports

6.1         Three Waters Reform - Better Off Funding

File Number:           A3748171

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

Authoriser:             Blair King, Chief Executive Officer

 

Take Pūrongo / Purpose of the Report

The purpose of this report is to obtain approval to submit a funding application to the Department of Internal Affairs for Tranche 1 of the Better off Funding package.

WhakarĀpopoto matua / Executive Summary

·      A workshop was held with Elected Members on 12 May 2022 to explain the Better Off funding package

·      Elected Members provided a steer that they agreed in principle to an application being submitted

·      This steer was confirmed formally at a meeting of Council held on 19 May 2022

·      Staff have developed a schedule of projects for consideration

·      Elected Members were invited to supplement this list between 13 May and 27 May 2022

·      The detailed funding application for Tranche 1 must be made by the end of August.

 

tŪtohunga / Recommendation

That Council:

a)      approve the schedule of Tranche 1 Better Off funding projects detailed in attachment 1.

b)      approve an unbudgeted operational cost of $250k over two years for the project management and reporting requirement that will be required.

c)      delegate to the General Manager Infrastructure and Asset Management authority

I. to complete the Tranche 1 funding application to the Department of Internal Affairs.

II.   to negotiate and approve the final Tranche 1 funding agreement for approved projects with the Department of Internal Affairs.

 

1) TĀhuhu kŌrero / Background

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

The background to and risks around the Three Waters reform DIA Better Off funding package has been outlined through an Elected Member workshop held on 12 May 2002, and Council approved in principle the submission of an application for Tranche 1 of that funding at a meeting held on 19 May 2022.

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A schedule of prospective projects was prepared by staff and made available to Elected Members to supplement over a two-week period (13 to 27 May 2022).

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The proposed schedule of projects for Tranche 1 are included as Attachment 1. The total application sums to $8.775m, spread over three years. There are three reserve projects totalling $3.253m. If a reserve project is to be promoted then projects of equal value have to be demoted from the application.

The proposed projects are framed around core three waters compliance alongside activity aligned to Council’s Climate Change Roadmap.  This will contribute to the on-going work to deliver compliance and meet the quality standards across Three Waters and is also aligned to the expressed expectations of Northland Regional Council and Taumata Arowai. The funding will also provide a kick-start to implementing the Climate Change roadmap.

A submission was received from Whitiki Nga Punawai o Hokianga through Hokianga Consultants to support a range of private water projects to support provision to communities around the Hokianga harbour. The proposals were not costed. Council are reaching out to the group to identify opportunities to leverage other funding sources.

Take Tūtohunga / Reason for the recommendation

 enable a funding application for Tranche 1 of Three Waters Better Off funding to be made by the end of August 2022. If this is not achieved then Council will lose the opportunity to apply for Tranche 1 funding, and the budget will carry forward to Tranche 2 available in 2024.

To allow staff to finalise a Funding Agreement with the DIA for approved projects.

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

There are no direct financial implications arising from this paper.

Āpitihanga / Attachments

1.       Better Off Fund Tranche 1 Programme - A3804712  


 

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.

Three waters impact upon all wellbeing’s.

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

 

District Wide Relevance

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

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

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

Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).

All residents of the Far North.

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

As detailed in the report.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Ordinary Council Meeting Agenda

11 August 2022

 


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Ordinary Council Meeting Agenda

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6.2         Rangitane Maritime Development

File Number:           A3799803

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

Authoriser:             Blair King, Chief Executive Officer

 

Take Pūrongo / Purpose of the Report

For Council to restate its commitment for the Rangitane Maritime Development.

WhakarĀpopoto matua / Executive Summary

·        Council faces substantial and growing demand for greater community access to the coast across the District but is significantly concentrated in the Bay of Islands area.

·        The Rangitane Boat ramp and car/trailer park development is a strategic Recreational Maritime development established to meet some of this demand.

·        The project is currently funded, has been tendered and is under budget.

·        An investment of $612K has been made in the planning design and consenting process and needs to be secured.

·        Technical aspects enabling the development to proceed are being addressed and require 6-18 months to resolve.

·        Council needs to retain its support for the project and confirm this with its funding partner MBIE/Kanoa.

·        Council needs to affirm its position to assist with resolving the rebuild of the derelict jetty on basis that the Consents are passed to public ownership. If not, then the project can proceed unimpeded without them.

 

tŪtohunga / Recommendation

That Council:

a)      Confirms its support for the continued work to obtain Consent for the Maritime Facilities Development at Rangitane.

b)      Confirms its support for the resolution of and amendments to the NES-F definition and changes to the NRC RPS to support regionally significant maritime infrastructure (which includes Rangitane).

c)      Remains committed to the funding Agreement with MBIE and supports an approach to MBIE to continue its funding support as well for the period required to obtain Consent.

d)      Advises the Residents Association of its continued support of the development to enable them to decide on whether they relinquish their Consent to Council for the derelict jetty or not. If relinquished, the jetty will be rebuilt as per the funding agreement with MBIE.

 

 

1) TĀhuhu kŌrero / Background

The Rangitane site was considered for redevelopment in 2003/2004 to upgrade the existing boat ramp. No funding was available at that time but through the process several issues were highlighted. The ramp is short and steep and accesses directly onto the through road. The existing jetty is owned by the local Rangitane Residents Association and is in a state of disrepair and the Association has not been able to fund refurbishment. The Council were approached to take over the facility but at the time were unwilling to take over the liability. Parking for trailers is undefined on the edge of the carriageway posing a safety issue. This       also poses a problem for pedestrians as there are no defined user areas.

Application to the Provincial Growth Fund (Covid Recovery Fund) in 2020 provided the funding to be able to develop much needed access to the marine area through upgrading the existing boat ramp and jetty at Rangitane and leading to the current proposal. The $2.45M funding has allowed planning to encompass significantly more than repair of the existing jetty but the scale of the proposed development has raised questions within the local community leading to two distinct groups either for or against the project.

The proposed development impacts on a wider array of parties than just the local residents as it effects a coastal marine area, is in an area of Kiwi population, creates a much-needed     access point for mid north boaties and has importance for local access to kai moana.

From a development perspective the Rangitane area has distinct advantages over other sites in that it is centrally located, is at the end of the restricted 5 knot zone and is close to an          underutilised reserve area.

The Bay of Islands has seen residential growth rates of over 20% in recent years.  As an area internationally renowned for fishing, diving, sailing and maritime tourism this growth has placed increased demand on land-based infrastructure. The Kerikeri area has seen the fastest growth of any part of the Far North District and with this has come a concurrent increase in the amount of people wanting to access the Bay.

It is the Far North District Council’s role to provide the land-based facilities necessary for access to the Bay and with an estimated 2900 trailer boat users in the wider Bay of Islands area the demand for safe launching and parking facilities is significant and this demand causes congestion, parking issues and frustration for local residents at the limited number of safe and accessible public boat ramps that are currently available.

In recent years Council has looked at ways to develop facilities and has investigated possible new sites in a Maritime Options Report, commissioned a Far North Boat Ramp Study and developed the Windsor Landing/Rangitoto boat ramp and car parking on the southern side of the Kerikeri Inlet. The Windsor Landing Rangitoto project took 15 years to complete highlighting the significant difficulties in developing coastal sites with many and varied stakeholder groups.

Land around the coastline of the Bay of Islands is becoming increasingly difficult to access due to development and the high cost of land to develop maritime facilities. Council must therefore also look to upgrading existing facilities and in the 2018-2028 Long Term Plan (LTP) they have allocated $1.1M to investigate opportunities to improve maritime access.

The existing Rangitane boat ramp and jetty were built by the community many years ago to cater for a very different boat user and the current ramp is too steep and narrow for modern trailer boats, there is no off-street parking available creating a traffic safety issue and the associated jetty, which is owned by the local Residents Association is in disrepair and is unsafe due to lack of funds for upkeep. With the funding available from the Provincial Growth Fund and with Councils LTP contribution we have the opportunity to provide the Rangitane community and the wider Kerikeri community a safe, environmentally designed and user-friendly facility that will be a significant community improvement to the current ramp. We hope too that the opportunity to repair and improve the existing jetty, with the earmarked funding, will also be realised.

The provision of 19 trailer boat parks, designed for modern rigs, while not solving all the wider the maritime access issues will go a long way to supporting boat ramp users in Rangitane and the wider catchment.

While staff believe that there is significant community support for the proposal, there is also an appreciate that there is a level of opposition locally to the proposal. These concerns have been factored by the design team and the current proposal includes improvements to footpaths, road safety and Council are currently funding public toilets on the adjacent reserve.

 

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Covid Recovery (Fast Track Consenting) Act

The current application was approved by Cabinet to be heard under the Covid 19 Recovery (Fast Track Consenting) Act as a fast-track project by an expert panel. The Act provided for projects to be heard within a limited timeframe with no rights to appeal making it quite different from a normal RMA hearing process.

In 2020, the Government introduced the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-(f)). The aim of the NES (f) was to regulate activities that pose risks to the health of freshwater and freshwater ecosystems – including the following in or near to wetlands:

·    earthworks,

·    taking, using, damming, diversion, or discharge of water,

·    vegetation clearance in or near wetlands.

 

Generally carrying out the above activities is either a “prohibited activity” or “non-complying” in and around wetlands.

As from November 2021, after an appeal by DOC and Forest and Bird, the High Court determined that the NES (f) “applies to natural wetlands in the coastal marine area”. This prevails over the Regional and District Plan rules and sets the activity status for a range of activities within or close to wetlands. As this currently stands, this has potentially huge ramifications for many developments.

The retrofitting of NES (f) to coastal wetlands without any detailed assessment and no definitions will in all probability lead to unintended consequences. It would apply to all RMA s12(1) disturbance of the foreshore and seabed. Therefore dredging, piling and stormwater activities become either prohibited or non-complying activities. The removal of mangroves and any seagrass is non-complying.

Due to the decision made by the High Court regarding NES (f) the Expert panel on the Rangitane Maritime Development found that it was not able to make a decision on consent for the project either to grant consent or to deny consent leaving the project hanging until such time as a final decision is made on the definition of a wetland in the coastal environment under NES (f). It needs to be noted that had maritime development been included in the Regional Policy Statement (maritime development is included in the National Policy Statement) then the development would NOT have been subject to the NES (f) prohibitions.

Submissions to Ministry for Environment are being made nationally by a range of entities including Regional Councils throughout New Zealand, Port Authorities, NZMOA and private developers. Therefore, there is a concerted effort by a collective of Regional Councils to resolve the wetland issue in the Coastal Marine Area. In addition to submissions to MfE on NES (f) support has been gained from NRC to engage in a Plan Change process to enable such developments to be considered as Regionally Significant (which as noted above will clear the way for the project to be reconsidered under the RMA). This provides a clear path for resolution of the development proposal in that it will have the ability to be Consented. It will still be subject to an RC process with NRC – who are supportive of such a development.

 

 

MBIE and Council Funding

Funding from the Covid Recovery Fund of $2.45M to redevelop the maritime facilities at Rangitane was confirmed in late 2020. FNDC has also contributed $1.1M to the project and associated community infrastructure.

Currently the MBIE funding remains in place while the issues of NES (f) are being discussed. However, this funding may be at risk as time moves on. It is therefore important that Council request MBIE to retain the current funding while the legal issue of NES (f) is being resolved.

A portion of the Government funding of $384 000 was dedicated specifically to the refurbishment and repair of the Rangitane Jetty. As noted above the jetty consents are owned by the Rangitane Residents Association. The funding is specifically applied to the jetty through the contract signed with MBIE in 2020 and is contingent on the consents being passed to public ownership.

Professional fees and design expenditure – $612, 167.

Construction has been tendered and awarded (subject to consent) at $2,804,251 which would be adjusted now for inflation

Total budget of $3,928,427 – the projected surplus would be spent on boardwalks, footpaths and landscaping.

 

Rangitane Jetty

The Rangitane Residents Association are very aware of the requirement to hand over consents for the jetty to be able to secure the funding. The Association has consistently used the issue of consent potentially as a lever to try and persuade Council to abandon the reclamation project. 

The Association claims to speak for all the residents of Rangitane but it is very clear from the engagement process undertaken for the development that there are clearly many residents who do not agree with the stance taken by the Association who want the jetty to become public and be restored. This is borne out by the fact that a pro maritime development group formed to counter claims by the Residents Association and who demonstrated that there was significant support within the community and that the wider catchment area in and around Kerikeri overwhelmingly supported the development at Rangitane.

 

Take Tūtohunga / Reason for the recommendation

Demand for access to the marine area has been increasing rapidly due to the significant growth in population in the Kerikeri area. The existing ramps are aging and built for a very different user and type of boat to that of modern boat owners.

Because Rangitane is the best opportunity to redevelop an old facility it has attracted significant funding through the PGF making it a very cost-effective opportunity for Council to relieve some of the pressure it is under for launching facilities. The cost of a green fields site and the attendant development costs would mean that many millions of dollars and a significant time frame would be needed for any alternative.

The Government recognised this and approved the project to be considered under the Covid (Fast Track Consenting) Act and this was considered by an Expert Panel over the summer of 2021/22. However, the Panel was unable to make a decision due to the high Court decision in 2021 relating to NES(f). This High Court decision has repercussions for all current and future maritime proposals and is being challenged by a collective of Regional Councils and is currently being re-considered by MfE. In addition to this there is also support from the NRC to instigate a Plan Change to include maritime activity in the Regional Policy Statement. This will provide for the development to be considered through a resource consent process under the RMA with the NRC.

Because the project is still unresolved the MBIE funding is still available to be used for the main development and for the refurbishment of the Rangitane Jetty (in the latter case only if the consents are handed into public ownership). To retain this investment the MBIE will require the commitment of Council to

a)   retain its investment in the project

b)   pursue resolution of the NES(f) through the review process with MfE and the Plan Change process with NRC

c)   reapply for consents for the project through the RMA process

 

As stated above it has been demonstrated that the project is strongly supported in the wider community and that because of the significant Government investment it is a very cost effective solution, particularly compared to a green fields site.

 

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

There are no immediate additional budgetary implications arising from this report.

Āpitihanga / Attachments

Nil


 

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

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

 

He Take Ōkawa / Compliance Requirement

Aromatawai Kaimahi / Staff Assessment

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

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.

No specific implications that have not previously been considered.

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

 

 


Ordinary Council Meeting Agenda

11 August 2022

 

6.3         Committee Recommendations and Resolutions - July 2022

File Number:           A3793163

Author:                    Marlema Baker, Meetings Administrator

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

TAKE PŪRONGO / Purpose of the Report

·      To increase governance oversight of Committee business/discussions.

·      Communicate resolutions of Committee meetings.

·      Escalate Committee recommendations to Council.

WHAKARĀPOPOTO MATUA / Executive SummarY

·      The following Committee meetings have been held since the last ordinary Council meeting.

o   23 June 2022 – Assurance, Risk and Finance

o   26 July 2022 – Strategy and Policy Committee

o   27 July 2022 – Infrastructure Committee

·      Copies of the Committee meeting minutes are attached for information.

·      Links to the agendas containing the reports that formed the basis of the recommendations below are included in this report.

·      The Strategy & Policy and Infrastructure Committees makes the following recommendations to Council.

 TŪTOHUNGA / Recommendation

That Council :

Item 5.1 Accessibility Policy – Recommendation for making a new policy (Strategy and Policy Committee)

a)    make the Accessibility Policy 2022 for the Far North District Council

b)    revoke the Equity and Access for People with Disabilities Policy 2016.

c)    Request that the implementation plan for this policy be bought back to the Strategy and Policy Committee for approval.

Item 6.1 Resident Opinion Survey 2021/22 (Strategy and Policy Committee)

d)    receive a report from the CEO demonstrating how the organisation will address these survey results.

Economic And Practicability Assessment For Discharge Of Treated Wastewater To Land From Hihi Wastewater Treatment Plant (Infrastructure Committee)

e)    agree the option of discharging treated wastewater from the Hihi Wastewater Treatment Plant to land is not pursued at this time as part of the application to replace the resource consents authorising discharge of contaminants from the Hihi Wastewater Treatment Plant, on the basis that the costs associated with that activity, are assessed as not economically viable.

 

tĀHUHU KŌRERO / Background

This is a regular report to provide greater governance oversight of discussions that occur at Committee meetings and to avoid duplication of reading for Councillors for decisions that are recommended to them, from each Committee meeting.

Copies of Committee meeting minutes that have occurred since the last ordinary Council meeting are attached for information.

From time to time, Committee’s discuss items that are outside their delegations. This report, when necessary, will highlight recommendations from each Committee to Council for decision.

Information about Council, Committee or Community Board meetings is publicly available at https://infocouncil.fndc.govt.nz/

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Since the last Council meeting the following Committee meetings have occurred:

23 June 2022 – Assurance, Risk and Finance Committee

Agenda of Assurance, Risk and Finance Committee Meeting - Thursday, 23 June 2022 (fndc.govt.nz)

The Assurance, Risk and Finance Committee made no recommendations to Council

26 July 2022 – Strategy and Policy Committee

Agenda of Strategy and Policy Committee Meeting - Tuesday, 26 July 2022 (fndc.govt.nz)

The Strategy and Policy Committee made the following recommendations listed below to Council:

That Council:

Item 5.1 Accessibility Policy – Recommendation for making a new policy (Strategy and Policy Committee)

a)    make the Accessibility Policy 2022 for the Far North District Council

b)    revoke the Equity and Access for People with Disabilities Policy 2016.

c)    that the implementation plan for this policy be bought back to the Strategy and Policy Committee for approval.

Item 6.1 Resident Opinion Survey 2021/22 (Strategy and Policy Committee)

a)    receive a report from the CEO demonstrating how the organisation will address these survey results.

15 June 2022 – Infrastructure Committee

Agenda of Infrastructure Committee Meeting - Wednesday, July 27, 2022 (fndc.govt.nz)

The Infrastructure Committee made the following recommendation to Council.

That:

a)    The option of discharging treated wastewater from the Hihi Wastewater Treatment Plant to land is not pursued at this time as part of the application to replace the resource consents authorising discharge of contaminants from the Hihi Wastewater Treatment Plant, on the basis that the costs associated with that activity, are assessed as not economically viable.

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

This report does not intend to repeat the financial implications, options or decision-making requirements for the recommendations listed. Please review the agendas via the provided links for further information.

Āpitihanga / Attachments

1.       Assurance, Risk and Finance Minutes - 23 June 2022 - A3763713

2.       Strategy and Policy Committee Minutes 26 July 2022 - A3807376

3.       Infrastructure Minutes 27 July 2022 - A3806499  

 


Ordinary Council Meeting Agenda

11 August 2022

 


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Ordinary Council Meeting Agenda

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Ordinary Council Meeting Agenda

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Ordinary Council Meeting Agenda

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6.4         Increase in Contract Value for Roading Maintenance Contracts

File Number:           A3812028

Author:                    Calvin Thomas, General Manager - Northland Transportation Alliance

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

 

Take Pūrongo / Purpose of the Report

The purpose of this Paper is to request that Council approves an increase in contract value to meet Council’s contractual obligations for the Road Maintenance and Renewals Contracts 7/18/100 (North Area) and 7/18/101 (Southern Area) covering the approved Separable Portion 2 extension through to June 30, 2024.

WhakarĀpopoto matua / Executive Summary

The attached Northland Transportation Alliance (NTA) report outlines the background and summarises the contract expenditure by the Contractors over the past 4-years to support the requested increases in total Contract Sum for Separable Portion 2 period (2-year period of July 22 – June 24) noting that:

 

·        the contract expenditure to date, and the values requested for approval for Separable Portion 2 contract term, are fully covered through the following existing and future approved budgets, and,

·        all associated works have been, and will continue to be, delivered in line with procurement guidelines and within the scope of the Contract works

·        representatives from the NTA will be available to speak to the report.

 

tŪtohunga / Recommendation

That Council:

a)      note the increase in contract values requested does not require any additional unbudgeted investment, and

b)      approve the contract value for 7/18/100 North Area Road Maintenance and Renewals Contract to be increased by the sum of $34,227,212.16 and the total contract value increased to $97,718,819.92 exclusive of GST.

c)      approve the contract value for 7/18/101 South Area Road Maintenance and Renewals Contract to be increased by the sum of $24,873,540.70 and the total contract value increased to $83,035,276.51 exclusive of GST.

 

1) TĀhuhu kŌrero / Background

As detailed on the attached NTA report.

 

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

For Council to meet its existing contractual obligations completing the 4-year contract period (Separable Portion 1, expired in 30 June 2022) and an extension of 2-year contract period (Separable Portion 2, expiring in 30 June 2024) as per Council Resolution [2021/59] to ensure the road network is maintained to the required level of service an increase in Contract Sums is required, noting that the funds required to facilitate this increase in Contract Sums are available through the existing approved and adopted 2021-2024 LTP Budgets.

 

Take Tūtohunga / Reason for the recommendation

The reason for the recommendation that both contract sums be increased is to ensure continuation of these essential Roading activities. The NTA seeks to formalise approvals for increased Contract Sum, with sufficient funding to meet the required work demand and ensure Council fulfils its funding obligations under the contracts.

 

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

The additional funding approval sought is budgeted within the adopted 2021/2024 LTP and does not result in any unbudgeted expenditure.

 

Āpitihanga / Attachments

1.       Increase in Contract Value for FNDC Maintenance Contracts - July 2022 - A3810711  


 

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.

 

District Wide relevance. Type here

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.

No specific implications for Māori have been identified at this time.

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.

As detailed in the report.

Chief Financial Officer review.

Type here

 

 


Ordinary Council Meeting Agenda

11 August 2022

 


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6.5         Russell Landfill Options Report

File Number:           A3812686

Author:                    Louise Wilson, Infrastructure Compliance Lead

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

 

Take Pūrongo / Purpose of the Report

·   To present the findings of the Russell Landfill Options report prepared by Pattle Delamere Partners (PDP) Consultant Engineers and to seek approval in principle, to close the Russell Landfill and transport waste to Puwera Landfill, Whangarei

 

WhakarĀpopoto matua / Executive Summary

·        The Russell Landfill is an unlined 50-year-old landfill located adjacent to the Russell Waste-Water Treatment Plant (WWTP).

·        Northland Waste Ltd issued FNDC formal notice at the commencement of their contract of potential subsidence and recommended an independent review of the state and future options for the landfill.

·        FNDC temporarily closed the landfill from 1 July 2021 with all waste destined for the landfill currently being transported to the Puwera Landfill at Whangarei.

·        The current resource consents to operate the Russell Landfill expire April 2023 and a decision regarding the future use of the landfill is required by Council in order for the appropriate consents to be applied for with the Northland Regional Council.

·        Officers recommend the closure of the landfill due to the remaining short life (approximately three years) of the landfill, operating at less than current industry best practice, potential leachate issues and its proximity to the shoreline.

 

tŪtohunga / Recommendation

That Council:

a)      Approve in principle, the permanent closure of Russell Landfill (Option One).

b)      Approve staff commence the resource consent application Northland Regional Council to close the Russell Landfill

c)      Request staff bring back to Council the terms of the resource consent and investment required to close the landfill

d)      Approve staff commence the community consultation process and report to Council the outcome of that consultation

e)      Delegate to the Chief Executive, or his nominee, the negotiation, agreement and signing of contract variations with Northland Waste Ltd to provide on-going transport and disposal of waste from the Russell facility whilst Council progress the resource consent and consultation process.

 

 

1) TĀhuhu kŌrero / Background

The Russell Landfill is an unlined 50-year-old landfill located adjacent to the transfer station and the Russell wastewater treatment plant.  

Northland Regional Council (NRC) issued resource consents for the landfill in 2008. The resource consents will expire in April 2023.

The current contractor, Northland Waste Ltd issued formal communication to FNDC regarding their concerns of the state of landfill and potential slippage and subsidence late July 2021, prior to commencing the contract on 1 August 2021.

The landfill is currently non-operational with all waste destined for the landfill transported and disposed to the Puwera landfill in Whangarei. A contract variation agreement for the non-operation of the landfill and transportation of refuse to Puwera is in place.  The tendered sum for the contract is being honoured by Northland Waste Ltd, provided tonnages for the landfill do not exceed 50 tonne per month.

Refuse tonnages have previously been estimated at around 600 tons per year. In the past eleven months of operation by Northland Waste, Russell has received 1326 tons of rubbish as weighed by weigh bridge at Puwera.

The landfill has an estimated 5.8 years capacity remaining assuming 7,000 m3/1200 tons per annum. However, if the amount of refuse increases and modern cover standards are applied, the remaining capacity could be as little as three years. Although current resource consent conditions are met, the landfill does not follow current industry best practice. It is likely that considerable upgrades would be required to meet modern standards.

Staff sought technical advice on whether to renew the resource consent for the continued use of the landfill or seek a new resource consent for landfill rehabilitation and closure.

PDP Consultants (Attachment 1) assessed the geotechnical, environmental, and consenting risks of the following options:

Option One - Closing the landfill and transferring waste to Puwera Landfill, Whangarei

Option Two - Continuing to use the landfill long term

Option Three - Continued short-term use with planned closure

 

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

PDP Consultants undertook a site investigation on 29 March 2022 to assess the existing landfill condition. The inspection was undertaken by qualified landfill engineering, geotechnical and environmental management specialists.

The visual inspection did not reveal any imminent instability concerns. However, it was identified that continued use of the landfill would require considerable upgrades to meet Ministry for Environment (MFE) guidance for leachate management. This would require complete closure (capping) of the existing fill and the construction of a new leachate capture system. The estimated cost of capping was $200,000 - $400,000. The estimated cost of upgrading the leachate collection and reticulation system was $300,000 -$600,000.

PDP also considered MFE guidance on landfill gas generation. Landfill gas is a health and safety risk and contributes to greenhouse gas emissions. Transferring waste to the Puwera landfill reduces the emissions footprint of the Far North District because Puwera is a lined engineered landfill that has gas capture.

Climate Change Roadmap

The Russell Landfill has been identified in the FNDC Greenhouse Gas Inventory as producing 21% of FNDC’s total greenhouse gas emissions. Capping the Russell Landfill will move FNDC towards the goal of carbon zero by 2050 as per the Climate Change Roadmap and Far North 2100.

Puwera Landfill

Northland Waste operates the Puwera landfill as a partnership with Whangarei District Council. Puwera has sufficient capacity to provide refuse disposal for the Northland Region for 35 years.

The Puwera landfill has:

·    A fully engineered stormwater diversion

·    A layered liner system to ensure capture of leachate

·    A full gas capture system to minimise the production of greenhouse gases

·    A fully engineered landfill capture and restoration plan.

Current Contract Arrangements

Under the current contract to operate and maintain the Russel Landfill, Northland Waste Ltd transports and disposes waste to Puwera for the same cost as they tendered to operate the landfill provided the tonnage of refuse does not exceed 50 tonnes per month. 

When tonnage is exceeded then an agreed rate per tonne is payable by FNDC.  The agreed rate per tonne includes carbon credit costs.

Benefits of closing the landfill

Closing the Russell landfill has ecological benefits as it will reduce the presence of rats and feral cats in a well-known weka habitat. Capping and closing will also reduce leachate into the adjacent wetland and estuary.

The Russell Walkway is adjacent to the landfill. Closing and restoring the site will improve visual amenity along the walkway.

Levels of service to Russell residents would not be adversely affected as the transfer station would still operate.

Waste would be disposed at Puwera at a modern facility, operating at current industry best practice, minimising impacts on the environment.

 

Take Tūtohunga / Reason for the recommendation

The reasons for the recommendation are:

·    The Russell Landfill is over 50 years old and does not comply with current industry best practice.

·    Minimise the impacts to the environment regarding leachate, gas emissions and the location of the landfill next to a marine environment.

·    Levels of Service would be maintained, as residents would still be able to dispose of waste at Russell.

·    With current refuse tonnage trends, the landfill has only a short life estimated at three years and permanent closure will be required.

·    Application of resource consents will be completed once in the next three years as opposed to applying for resource consent to keep the landfill operational.

·    Improve the visual scenery of the Russell shoreline

·    Option One represents the lowest cost option to ratepayers

·    Closing Russell landfill moves FNDC closer to the goal of carbon zero by 2050.

 

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

Operational Costs

The operational cost of transferring waste to Puwera, under the current contract with Northland Waste Ltd is the same as operating the landfill, provided the tonnages of waste to be transported are no greater than 50 tonnes per month, otherwise an agreed rate is payable by FNDC.

Discussion and negotiation will be required with the contractor regarding the pro-longed (and proposed) closure of the landfill whilst Council progresses the resource consent to permanently close the landfill.

Estimated Costs for Options

Cost options include the initial scope and investment and the operational costs over a thirty-year life of the closed landfill. 

·    Initial scope and investment include: Survey and design, physical works i.e. earthworks, capping, re-vegetation, assessment of environmental effects i.e. groundwater, ecological, gas assessments, management plans, resource consents application.

·    Operational costs over the lift of thirty years are based on the current Russell Landfill and waste contract and transfer and disposal variation with Northland Waste Ltd.  5% annual inflation has been applied across all costs.  The costs include waste levies and carbon credits.

Note – All estimated costs will be operational expenditure as opposed to PDP Consultants classification as CAPEX for the design and physical works.

2022-2023 Annual Plan

At the time of developing the annual plan, the recommendations of the Russell Landfill Review were not clear, and there are no funds allocated in the annual plan to progress any of the options.

The estimated costs for Options One are: $1.665M to design, apply for resource consent with expert reports and assessments and then undertake the physical work.  The work would be spread over a minimum of two years. 

First Year

Survey and Design, Assessment of environmental effects and resource consent application

$565,000

Second Year

Physical Works

$1,100,000

 

Total

$1,665,000

 

The current resource consent for the landfill expires March 2023, and regardless of whether the landfill is closed or remains open, a new resource consent will still be required. 

There is no operational funding for this project in the 2022-2023 Annual Plan or the 2023/2024 Annual Plan.  Any expenditure in the current year will be unbudgeted.

Currently, any expenditure to close the landfill is considered an operational expense rather than capital.  The rating impact for Option One, based on the above estimates would be 0.565% for the first year and 1.1% for the second.

At the time of writing an application will be made for the Tranche 1 of the Better Off Fund ($350k over two years) subject to Elected Member approval.

A further funding contribution could be made available in Tranche 2. 

Subject to approval of this report staff will prepare an operational implementation plan that will outline a programme of work and associated costs including any requirement for resources.

 

Resource Consent Process

To meet the requirements of the RMA the resource consent renewal application must be lodged within six months of the expiry of the existing consent or within three months with written agreement from Northland Regional Council (NRC). This means the Assessment of Environmental Effects (AEE) component will need to be completed by October 2022 or with NRC written agreement by January 2023.

Timeline for resource consent would be at best an 11-month process. This timeline includes the following:

·      Maximum 6 months resource consent application preparation consisting of a Schedule 4 RMA Assessment of Environmental Effects containing multiple technical supporting reports including a Cultural Impact Assessment by tangata whenua.  

·      Maximum 6 months of community and stakeholder engagement concurrently with the Resource Consent application preparation (type and level of engagement still to be decided).

·      Provided all information is supplied, NRC must decide to notify the application within 20 RMA process days of the application being received.

·      Probable notification of the resource consent means there is a further 110 RMA days available for NRC to decide.  

·      Resource consent should be granted provided there is sufficient information about the effects on the environment.  Any grant of consents will be subject to conditions.

If a decision to grant the resource consents is made, as a notified application there is potential for appeal of that decision which is not included in the 11-month estimate timeline. 

Once granted, timeline for various activities will be dictated by the consent conditions.  Staff will be relying on the expert advice to draft a set of proposed consent conditions to include in the application.

The application preparation timeline is condensed as Council must lodge the application by 30 January 2023 at the latest.  Even then, the NRC has discretion to allow Council to continue to exercise the current consent for the landfill past its expiry should a decision not be made by then (Section 124 RMA). Both internal staff and consultant resources would be used to deliver the resource consent application.

 

Āpitihanga / Attachments

1.       Russell Landfill Options Assessment FINAL - A3812697  


 

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

Medium –The future management of public land and access to waste disposal services may be of interest to the community. The resource consent will be publicly notified.

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

Resource Management Act 1991

Climate Change Road Map

Far North 2100

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

 

This report will be of interest to the whole district and the Bay of Islands-Whangaroa Community Board

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

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

This report has considered how kaitiaki Māori can be included in decision making about the future use of the Russell Landfill area. FNDC will need to engage with Kaitiaki about the impact of closing the Russell Landfill.

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).

Potentially affected parties include residents of Russell, hapu, kaitiaki, community waste minimisation groups

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

As covered in PDP Consultants report and summarised above. 

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Ordinary Council Meeting Agenda

11 August 2022

 


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Ordinary Council Meeting Agenda

11 August 2022

 

7            Information Reports

7.1         Progress Report: The Reintroduction of Development Contributions in the Far North District in Alignment with the 2024-34 Long Term Plan

File Number:           A3589458

Author:                    Roger Ackers, Manager - Strategy Development

Authoriser:             Janice Smith, Chief Financial Officer

 

TAKE PŪRONGO / Purpose of the Report

To report back to Council on the progress against the indicative project schedule for the reintroduction of development contributions in alignment with the 2024-34 Long Term Plan.

WHAKARĀPOPOTO MATUA / Executive SummarY

This report provides an update to elected members on the progress made towards the reintroduction of development contributions with the 2024-34 Long Term Plan.

 

A workshop on delivery priorities held on 6 July 2022 captured the description, the objectives, the strategy, and actions required to deliver a new development contributions policy that becomes operational on 1 July 2024.

The output of this workshop has informed the tasks, actions, and dependencies in this report.

 TŪTOHUNGA / Recommendation

That the Council receive the report Progress Report: The Reintroduction of Development Contributions in the Far North District in Alignment with the 2024-34 Long Term Plan.

 

 

tĀHUHU KŌRERO / Background

On 16 December 2021 Council approved that a new development contributions policy be adopted with the 2024-34 Long Term Plan and that staff report on the progress against the indicative project schedule as captured in the 16 December 2021 report on development contributions.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

A new development contributions policy has been included in the list of Chief Executive Officer delivery priorities. The Development Contributions Policy was included in a workshop facilitated by the Integral Group on 6 July 2022 that was attended by staff, Deputy Mayor Court and Councillor Vujcich.  The output from this workshop was an action plan that captured the description of the issues and opportunities, the objective of the project and the strategy and actions required to deliver on the objectives.  The development of this action plan has resulted in several changes to the original plan put forward in December 2021 that are now captured in the table below replacing what has previously been reported.  The action plan has also clarified the objective for this project as per the following statement;

Project Objective

A new Far North District Council development contributions policy operative on 1 July 2024 that charges fair and reasonable development contributions to property developers for the following activities that can be directly attributed to growth;

new transport infrastructure

new reserves and parks and

new community infrastructure

The following table captures the strategy and actions identified to deliver on the above stated objective.

Task #

Task

Actions

Dependency

1

Complete internal stocktake of evidence that is required to inform a list of new projects to be included asset management plans for waters (as required by the DIA), transportation, parks, reserves and community facilities.

Workshop with internal staff to consider which of the following is a ‘’must have’ to inform growth related projects for inclusion in asset management plans.

·      Population Projections (completed)

·      District Plan section 32 reports

·      Proposed District Plan

·      Kerikeri/Waipapa Spatial Plan

·      Asset Condition Assessments

·      Water Modelling

·      Transport Modelling

·      Open Spaces Strategy

·      Social, Community Infrastructure Strategy (covering playgrounds, toilets, sports facilities)

·      Marine Facilities Strategy

·      Other as identified in a workshop with staff

 

2

Legal Review, Expert Review

·      Commissioning of a legal review of the evidence based required to inform growth related projects.  The objective of this report is to assess vulnerability to a legal challenge where evidence could be missing that informs and supports growth related new projects.

1

3

Feedback from elected members on content of a draft DC Policy

·      Draft a strawman of a development contributions policy (less a list of specific growth projects) for elected members to consider the following;

Council’s approach to using development contributions (summary of reason why Council has concluded that DCs are appropriate).

Catchments for activities (District, Ward, Locality, Urban Area, Serviced Area for activities subject to Development Contributions)

Draft Household Equivalent Unit (HUE) per unit charges

Draft on when Development Contributions will be assessed and invoiced

Draft provision for developer agreements

Basis for valuing land/allotments

Draft rationale for funding growth costs with development contributions

A draft of how and when financial contributions will be taken for reserves.

 

 

4

Complete a policy development and engagement project plan based on feedback from internal subject matter experts and elected members

·      Finalisation of the scope of work to develop a new development contributions policy that can be consulted on as per Special Consultative Procedure requirements of the Local Government Act with the consultation on the 24-34 Long Term Plan

·      Include communication and engagement tasks and deliverables in the project plan.

 

1,2,3

5

Work alongside Asset Managers developing Asset Management Plans for waters, transport, reserves, parks and community facilities

·      Collaborate and join up with the Asset Management Planning Process (as a member of any project team).

 

6

Work with senior asset managers on the development of the Infrastructure Strategy

·      Collaborate and join up with staff member developing 30-year Infrastructure Strategy. Asset Planning and the Infrastructure Strategy will inform financial modelling that considers the total cost of capital expenditure for growth to recover through DCs.

 

7

Confirm initial list of growth-related new projects

·      Confirm with the Asset Management Planning Teams for waters, transport, reserves and parks and community facilities an initial list of Section 201A schedule of Assets for inclusion in a new development contributions policy.

 

5,6

 

8

Work with Financial Planning Team to run scenarios of impacts on rates and development contributions for different ratios of charging based on initial listings of new projects

·      Run different scenarios across catchments and activities applying a range of scenarios from100% development contributions funded to 0% DC funded for new projects across transport, parks and reserves and community facilities.  Aim is to test initial assumptions equity and fairness with real numbers (presented back to elected members)

·      Join this project up with the rating review project (on the priority list) and the development of new revenue and finance policy for the 24-34 Long Term Plan that informs the Financial Management Strategy.

 

7

9

Development of implementation plan

·      The implementation plan will be developed with (1) finance (2) operations who will assess and invoice Development Contributions (3) Business Intelligence for reporting and monitoring.

7

10

Draft of Development Contributions Policy

·      First draft of policy ready for the Long Term Plan engagement (including a schedule of new assets)

·      Review by internal stakeholder group (finance, asset management, consenting, operations)

·      Draft approved for inclusion in Long Term Plan public consultation.

 

 

6,8

11

LTP engagement

 

10

12

Submissions Analysis

·      As part of Long Term Plan submissions.

11

13

Deliberations

·      Deliberations as part of Long Term Plan deliberations.

12

14

Adoption of new Development Contributions Policy

·      Adopted with a new Long Term Plan.

13

15

Execution of implementation plan

·      The new development contributions policy becomes ‘live’ in operations (Development Contributions are assessed ready for invoicing).

9,14

16

Close Project

·      Close Report, Handover to operations.

15

 

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

There are no financial or budgetary implications that will result from Council receiving this report.

Āpitihanga / Attachments

Nil

 


Ordinary Council Meeting Agenda

11 August 2022

 

7.2         Community Board Updates July 2022

File Number:           A3793157

Author:                    Marlema Baker, Democracy Advisor

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

TAKE PŪRONGO / Purpose of the Report

To enable oversight of Community Board resolutions at Council and provide Community Board Chairperson’s with a formal opportunity to speak with Council about discussions at Community Board.

WHAKARĀPOPOTO MATUA / Executive SummarY

·      Minutes from the following Community Board meetings are attached for Council information:

21 June 2022 - Te Hiku Community Board

6 July 2022 - Kaikohe-Hokianga Community Board

7 July 2022 - Bay of Islands-Whangaroa Community Board

·    The Kaikohe-Hokianga Community Board and Bay of Islands-Whangaroa Community Boards also have August meetings which will occur between printing of this agenda and the Council meeting. The minutes for those meetings will be included in the 22 September 2022 Council agenda.

 TŪTOHUNGA / Recommendation

That Council note the following Community Board minutes:

a)    21 June 2022 - Te Hiku Community Board

b)    6 July 2022 - Kaikohe-Hokianga Community Board

c)    7 July 2022 - Bay of Islands-Whangaroa Community Board

 

 

tĀHUHU KŌRERO / Background

This report is to provide Council oversight of resolutions made at Community Board meetings and provide Community Board Chairperson’s with a formal opportunity to raise any Community Board issues with Council.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

This is intended as an information report.

From time-to-time Community Board’s may make recommendations to Council. This report is not considered to be the appropriate mechanism for Council to make a decision from a Community Board recommendation. Council could however move a motion to formally request a report on a particular matter for formal consideration at a subsequent meeting. The report would then ensure that Council have sufficient information to satisfy the decision-making requirements under the Local Government Act 2002 (sections 77-79).

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

There are no financial implications or need for budget provision in considering this report.

Āpitihanga / Attachments

1.       Te Hiku Community Board Minutes - 21 June 2022 - A3759540

2.       Kaikohe-Hokianga Community Board Minutes - 6 July 2022 - A3779480

3.       Bay of Islands-Whangaroa Community Board Minutes - 7 July 2022 - A3778657  

 


Ordinary Council Meeting Agenda

11 August 2022

 


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Ordinary Council Meeting Agenda

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7.3         Roading Maintenance and Operations Contract Cost Escalation Impacts

File Number:           A3810028

Author:                    Calvin Thomas, General Manager - Northland Transportation Alliance

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

 

TAKE PŪRONGO / Purpose of the Report

To provide details of the scale and impact of cost pressures on roading maintenance activities. The Northland Transportation Alliance will have staff available to speak to the report.

WHAKARĀPOPOTO MATUA / Executive SummarY

Council has previously been made aware of cost pressures that have been impacting upon the construction industry and in particular the impact on operational and capital delivery. This paper outlines the cost escalation and impact relating to the existing Road Maintenance and Renewal Contract managed on behalf of Council by the Northland Transportation Alliance (NTA).

 

 TŪTOHUNGA / Recommendation

That Council receive the report Roading Maintenance and Operations Contract Cost Escalation Impacts.

 

 

tĀHUHU KŌRERO / Background

As detailed in the attached report prepared by the NTA.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

As detailed in the attached report prepared by the NTA.

 

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

The financial implication are outlined in the attached report prepared by the NTA.

Āpitihanga / Attachments

1.       FNDC Escalation Costs 2022-2023 - A3811996  

 


Ordinary Council Meeting Agenda

11 August 2022

 


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Ordinary Council Meeting Agenda

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7.4         Fluoridation Direction from Ministry of Health

File Number:           A3812177

Author:                    Glenn Rainham, Manager - Infrastructure Operations

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

 

TAKE PŪRONGO / Purpose of the Report

To advise the Council that a direction notice has been received from the Director-General of Health that he has exercised his statutory powers under section 116E of the Health Act to direct Council to fluoridate both the Kaitaia and Kerikeri drinking water supplies.

WHAKARĀPOPOTO MATUA / Executive SummarY

Following an information request process, Council has received a formal direction notice under section 116E of the Health Act, directing Council to fluoridate the Kaitaia and Kerikeri drinking water supplies by June 2024.

They indicate that funding maybe available and information on this will follow.

 TŪTOHUNGA / Recommendation

That the Council receive the report Fluoridation Direction from Ministry of Health.

 

 

tĀHUHU KŌRERO / Background

Just prior to Christmas, Council received a request from the Ministry of Health seeking information on which of our drinking water supplies were un-fluoridated, an estimated cost to fluoridate those supplies, whether this is budgeted, and when could this be undertaken should the decision be taken to direct the fluoridation of all or some of the supplies.

A response was provided in March 2022 [refer attachment 4] providing the requested information and also making it clear that should the Ministry require fluoridation, that both the capital and ongoing operational costs have not been budgeted in our Long-Term Plan. We further advised that our expectation would be that the Ministry would meet these costs.

In May 2022, we received a further letter from the Ministry [refer Attachment 3] advising that after consideration they have made a preliminary assessment to require fluoridation of the Kaitaia and Kerikeri drinking water supplies. The letter outlined their reasoning for this preliminary assessment that included both these towns having a population greater than 5,000 people.

Council responded last month [refer Attachment 2] re-iterating our response provided back in March and strongly suggesting that should they proceed, that it be aligned with the 3-waters Reform and introduced post June 2024.

A formal direction notice [refer Attachment 1] under section 116E of the Health Act has been received on 27 July 2022 directing Council to fluoridate the Kaitaia and Kerikeri drinking water supplies by June 2024. They indicate that funding maybe available and information on this will follow.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

1.   Engage with the Ministry on the potential funding available and the associated criteria. I anticipate this conversation will take place during August 2022

2.   Obtain more robust costings

3.   Following some clarity on the availability of funding, either

a.   Commence detailed design; or

b.   Seek unbudgeted funds

4.   The Ministry have advised that they are responsible for communicating this decision at a national level, however, Council may wish to consider what and how it wishes to communicate and engage with the communities of Kaitaia and Kerikeri

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

The financial implications at this stage are unknown. Early costings have estimated the cost at $400k per Plant.

No budget provision exists within the current LTP.

The Director-General of Health has indicated that funding may be available to assist where work begins prior to the end of 2022. Detailed information on the application process is to be provided shortly.

Āpitihanga / Attachments

1.       Attachment 1 - Direction Letter FNDC - A3812122

2.       Attachment 2 - Fluoridation Response to MoH July 22 - A3812121

3.       Attachment 3 - CWF next steps letter Far North District Council - A3812123

4.       Attachment 4 - Community Water Fluoridation questionaire_FarNorthDistrictCouncil - A3812118  

 


Ordinary Council Meeting Agenda

11 August 2022

 


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Ordinary Council Meeting Agenda

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7.5         Council Action Sheet Update July 2022

File Number:           A3793149

Author:                    Marlema Baker, Democracy Advisor

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

Take Pūrongo / Purpose of the Report

To provide Council with an overview of outstanding Council decisions from 1 January 2020.

WhakarĀpopoto matua / Executive Summary

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

·      The focus of this paper is on Council decisions.

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

tŪtohunga / Recommendation

That Council receive the report Action Sheet Update July 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.

Officers recognise that the action sheet format is not yet fully meeting the expectations of the elected members.  This is a system generated report over which officers have no current ability to change the format.  Discussions are underway with the software provider to assess costs of a customisation option for these reports to make them bespoke to our council requirements.

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 Council with an overview of outstanding Council 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.       Council Action Sheet - July 2022 - A3812758  

 

 


Ordinary Council Meeting Agenda

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Ordinary Council Meeting Agenda

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7.6         Elected Member Report - Water NZ Workshop and Conference 2021, Hamilton

File Number:           A3765739

Author:                    Rhonda-May Whiu, Democracy Advisor

Authoriser:             Janice Smith, Acting General Manager - Corporate Services

 

Purpose of the Report

An elected member’s attendance at a conference, course, seminar or training event is subject to the provision of elected members allowances and reimbursement policy. This policy requires the elected member to provide a report to Council after attendance and event in order to provide transparency to the public that ratepayer funds are being used effectively.

Executive Summary

·        Councillor Stratford attended the Water NZ Workshop and Conference 2021. Part one of the conference was held virtually in 2021 and Part two was held in Hamilton in May 2022.

 

Recommendation

That Council note the report entitled “Elected Member Report – Water NZ Workshop and Conference 2021, Hamilton

 

1) Background

The Elected Members Allowances and Reimbursement Policy sets out the provisions which apply to an Elected Member’s attendance at a conference, course, seminar or training event. The policy provides that each Elected Member may attend on conference or professional development event per representative body to which they are elected or appointed per annum. The conference, course, seminar or training event must contribute to the Councillor’s ability to carry out Council business and be approved by His Worship the Mayor and Chief Executive Officer, or the Council, depending on the request. Following attendance, a report must be written by the Elected Member to the next meeting of Council.

2) Discussion and Options

The Elected Members report (attached) reports back to Council on the background, learnings and highlights.

3) Financial Implications and Budgetary Provision

There are no financial implications or budgetary provision required as a result of this report.

The cost to ratepayers in sending Councillor Stratford to this conference was $3,767.08

Attachments

1.       Elected Member Report - Water NZ Workshop and Conference 2021 - A3765755  

 

 


Ordinary Council Meeting Agenda

11 August 2022

 


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8            TE WĀHANGA TūMATAITI / Public Exclude

d

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

8.1 - Confirmation of Previous Minutes - Public Excluded

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

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

s7(2)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority

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

8.2 - Loan to Manea Footprints of Kupe

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

8.3 - 11 Matthews Avenue, Kaitaia

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

8.4 - Extension of Contract 7/15/603 Waste Management and Minimisation Services - Northern

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

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

8.5 - Extension of Contract 7/15/604 Waste Management and Minimisation Services - Southern

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

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

8.6 - Committee Public Excluded Resolutions - July 2022

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

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

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)

s7(2)(j) - the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage

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

8.7 - Community Board Public Excluded Updates - July 2022

s48(2)(a)(i) - the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the Council to deliberate in private on its decision or recommendation where a right of appeal lies to any court or tribunal against the final decision of the Council in these proceedings

s48(2)(a)(i) - the exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation

 

 

 

 


Ordinary Council Meeting Agenda

11 August 2022

 

 

9            Karakia Whakamutunga / Closing Prayer

 

10          Te Kapinga Hui / Meeting Close