Te Kaunihera o Tai Tokerau ki te Raki

 

 

AGENDA

 

Ordinary Council Meeting

 

Thursday, 22 September 2022

Time:

10:00am

Location:

Council Chamber

Memorial Avenue

Kaikohe

 

Membership:

Mayor John Carter - Chairperson

Deputy Mayor 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

22 September 2022

 

 

 

 


Ordinary Council Meeting Agenda

22 September 2022

 

Far North District Council

Ordinary Council Meeting

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

Thursday 22 September 2022 at 10:00am

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          Notice of Motion. 6

5.1            Notice of Motion - Rangitane Maritime Development 6

5.2            Notice of Motion - Footpath at Kaeo. 314

6          Confirmation of Previous Minutes. 316

6.1            Confirmation of Previous Minutes. 316

7          Reports. 327

7.1            Committee Recommendations and Resolutions - September 2022. 327

7.2            Capital Carry Forwards June 2022. 352

7.3            Reset of the Far North Waters Alliance. 363

7.4            District Wide Water & Wastewater charges - consultation. 370

7.5            Request for Encumbrance over Esplanade Reserve, Puketona Road. 383

7.6            Matauri Bay Wastewater Scheme. 388

7.7         Request for Hall Delegations                                                    Supplementary Agenda

8          Information Reports. 417

8.1            Petition to Collectively Engage in Judicial Vetoing of Fluoridation Order 417

8.2            Community Board Updates September 2022. 419

8.3            Council Action Sheet Update September 2022. 447

8.4         Progress Report: The Reintroduction of Development Contributions
                                                                                                Supplementary Agenda

9          TE WĀHANGA TūMATAITI / Public Exclude. 456

9.1            Confirmation of Previous Minutes - Public Excluded. 456

9.2            Committee Public Excluded Resolutions - September 2022. 456

9.3            Infrastructure Acceleration Fund (IAF) - Negotiation of Funding Agreements. 457

9.4            Extension of Contract 7-14-60 Education and Promotion of Waste Minimisation and Sustainability Practices to Community and Business Environment Centre (Eco Solutions) 457

9.5            Solid Waste Service Delivery Review.. 457

9.6            8 Karamea Road, Mangonui - Stormwater Site Remediation. 457

9.7            7 Hokianga Drive, Opononi 457

9.8            The future of the Turner Centre. 458

9.9         Kawakawa to Opua Cycleway - Update and Next Steps         Supplementary Agenda

9.10       New Lease for Commercial Property - 13 Homestead Road, Kerikeri                                                                                                                  Supplementary Agenda

10       Karakia Whakamutunga / Closing Prayer. 459

11       Te Kapinga Hui / Meeting Close. 459

 

 


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

1.    Nora Rameka regarding the Rangitane Maritime Development

2.    Mark Turner regarding the Rangitane Maritime Development

3.    Bruce Mills regarding the Footpath at Kaeo

4.    Gerry Paul regarding The Future of Turner Centre

4            Ngā Kōrero A Te Koromatua / Mayoral Announcements    


Ordinary Council Meeting Agenda

22 September 2022

 

5            Notice of Motion

5.1         Notice of Motion - Rangitane Maritime Development

File Number:           A3890667

 

I, Deputy Mayor Ann Court, give notice that at the next Ordinary Meeting of Council to be held on 22 September 2022, I intend to move the following motion:

 

Mōtini / Motion

That Council:

a)             Support the Maritime Facilities Development at Rangitane proceed through to the conclusion of the Resource Consent process.

b)             Remains committed to the funding Agreement with MBIE and supports an approach be made to MBIE to continue its funding support for the period required to conclude the consenting process.

 

 

Take / Rationale

The following recommendation was LOST at the 11 August 2022 Council meeting:

I propose to move the following substitute motion at the Council Meeting to be held September 22nd, 2022, 10:00am in Council Chambers, Kaikohe.

 

Substitute Recommendation

That Council:

a)   Support the Maritime Facilities Development at Rangitane proceed through to the conclusion of the Resource Consent process.

Remains committed to the funding Agreement with MBIE and supports an approach be made to MBIE to continue its funding support for the period required to conclude the consenting process.

 

Supporting Information

In moving this Notice of Motion to Council the member is conscious that Sections 77 – 82 of the Local Government Act 2002 must be satisfied.

·    Section 77: Requirements in relation to decisions

·    Section 78: Community views in relation to decisions

·    Section 79: Compliance with procedures in relation to decisions

·    Section 80: Identification of inconsistent decisions

·    Section 81: Contributions to decision-making processes by Māori

·    Section 82: Principles of consultation

The purpose of the Act at part 3(d) provides for local authorities to play a role in promoting the social, economic, environmental, and cultural well-being of their communities, taking a sustainable development approach.

Concurrently New Zealand Coastal Policy Statement 2010 is a statutory document to which we are legally required to have regard. The relevant objectives are copied at the copied at the end of this report.

Schedule of supporting documentation

In support of the above the following documents and reports which have specific relevance to the Rangitane Maritime Development Project have been compiled. An electronic link has been circulated to all elected members:

1.   Rangitane Reclamation and Boat Ramp Maritime Development Consultation Summary prepared by Alastair Wells dated 24 August 2021 including:

·    Consultation Register

·    Hapu Meeting Notes

·    Analysis of signatories by post code

·    Concept plan

 

2.   Cultural Impact Assessments:

·    Proposed Rangitane Boat Ramp/Parking Reclamation prepared by Celia Witehira Te Runanga o Ngati Rehia, Ngati Hineira and Te Uri Taniwha

·    Rangitane Cultural Impact Assessment on the Proposed Maritime Development as commissioned by Te Runanga A Iwi O Ngapuhi

 

3.   Ecological Report

 

4.   The Far North District Council Boat Ramp Study. Reference pages 49-57

 

5.   Draft Kerikeri Peninsular Community Development Plan – Rangitane dated January 2021

 

6.   Far North District Council Long Term Plan Pages 81-82, 95-96

 

7.   Community Petition in support of the project noting 2200+ signatures in support with 400+ residing within the Rangitane postcode area.

 

8.   Pictorial map of Rangitane and immediate surrounds colour coded to indicate community views both opposing and in support of the application.

 

9.   Statement from Richard Civil: Kaumatua and Kaitiaki of the Kerikeri River. (Te Awa o Nga Rangatira) and Kaitiaki of the Te Puna Mataitai.

 

10. Rangitane Recreation Associations timeline of events dated 16 August 2022.

 

11. Rangitane Recreation Associations membership list as at 16 August 2022.

 

12. Scope of works document.

 

13. Letters in support of the project

 

Graphical user interface, application

Description automatically generated

All projects that have been funded via the Provincial Growth Fund or Tourism Infrastructure Fund have a condition that any cost overruns are Councils. This is a standard clause and is not new to this Council.

Until such time as a project is fully consented (with conditions) and tendered it is impossible to accurately gauge the complete capitalized cost.

It is not until we reach the tender stage are costs fully disclosed. It is at this stage that Councillors are asked to reaffirm commitment to a project or abandon it as was the case with the Paihia Waterfront Project.

At this we are advised that the construction has been tendered and awarded (subject to consent) at $2,804,251 which would be adjusted for inflation.

Any surplus of the budget of $3,928,427 will b e redirected to boardwalks, footpaths and landscaping.

 

Concluding Statement

The Far North District Council is proud to be community led. In order to satisfy they consultative requirements elected members must be satisfied that the requirements of the Local Government Act have been followed including consideration of the four well beings.

In my submission I put to my colleagues that there is unambiguous evidence of community support.

The project has the support of two Cultural Impact Statements which demonstrate ongoing commitment and support for the project by our local iwi/Hapu subject to conditions.

The funding for the project has been confirmed via the Long-Term Plan, Far North Holdings Limited and the Provincial Growth Fund.

The special consultative processes have been satisfied by the consultative provisions of the documents referenced in this report.

The one remaining unanswered question in the minds of my colleagues may be the environmental impact. As both the positive and adverse effects are required to be considered, the only fair, impartial and transparent manner for this process to conclude is for the application to be heard before an expert panel in a public hearing where all parties will have the opportunity to put their case before a learned commission. The hearing will provide the opportunity for full public participation in the decision-making process.

I commend my colleagues to advance the project to the resource consent process.

New Zealand Coastal Policy Statement 2010

Objective 3

To take account of the principles of the Treaty of Waitangi, recognise the role of Tangata whenua as kaitiaki and provide for Tangata whenua involvement in management of the coastal environment by:

·      recognising the ongoing and enduring relationship of Tangata whenua over their lands, rohe and resources;

·      promoting meaningful relationships and interactions between Tangata whenua and persons exercising functions and powers under the Act;

·      incorporating mātauranga Māori into sustainable management practices; and

·      recognising and protecting characteristics of the coastal environment that are of special value to Tangata whenua.

 

Objective 4

To maintain and enhance the public open space qualities and recreation opportunities of the coastal environment by:

·      recognising that the coastal marine area is an extensive area of public space for the public to use and enjoy;

·      maintaining and enhancing public walking access to and along the coastal marine area without charge, and where there are exceptional reasons that mean this is not practicable providing alternative linking access close to the coastal marine area; and

·      recognising the potential for coastal processes, including those likely to be affected by climate change, to restrict access to the coastal environment and the need to ensure that public access is maintained even when the coastal marine area advances inland.

 

Objective 6

To enable people and communities to provide for their social, economic, and cultural wellbeing and their health and safety, through subdivision, use, and development, recognising that:

·      the protection of the values of the coastal environment does not preclude use and development in appropriate places and forms, and within appropriate limits;

·      some uses and developments which depend upon the use of natural and physical resources in the coastal environment are important to the social, economic, and cultural wellbeing of people and communities;

·      functionally some uses and developments can only be located on the coast or in the coastal marine area;

·      the coastal environment contains renewable energy resources of significant value;

·      the protection of habitats of living marine resources contributes to the social, economic, and cultural wellbeing of people and communities;

·      the potential to protect, use, and develop natural and physical resources in the coastal marine area should not be compromised by activities on land;

·      the proportion of the coastal marine area under any formal protection is small and therefore management under the Act is an important means by which the natural resources of the coastal marine area can be protected; and

·      historic heritage in the coastal environment is extensive but not fully known, and vulnerable to loss or damage from inappropriate subdivision, use, and development.

 

I commend this Notice of Motion to Council.

Āpitihanga / Attachments

1.       Notice of Motion Rangitane Maritime Development - A3890674

2.       1. Rangitane-Consultation-Report-24.08.21_Redacted - A3888250

3.       2. Cultural Impact Assessment - A3888256

4.       2b. Proposed Rangitane Maritime Devel...nga A Iwi o Napuhi - A3888264

5.       3 Ecological Assessment Report - A3888270

6.       4.Rangitane section of FN Boat Ramp Study - A3888276

7.       5. CDP Rangitane - A3888268

8.       6. FNDC Long Term Plan pages 81 -82 ,95-96 - A3888252

9.       7. Petition in Support Rangitane Maritime Development - A3888254

10.     8 Red Pan. - A3888266

11.     9. Richard Civil Kaitiaki & Kaumatua - A3888258

12.     10. Rangitane Timeline of Events - A3888262

13.     11. Rangitane Membership list - A3888272

14.     12. Summary - scope of works - A3888274

15.     13 Support letters - A3888260  

 


Ordinary Council Meeting Agenda

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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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Ordinary Council Meeting Agenda

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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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Ordinary Council Meeting Agenda

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5.2         Notice of Motion - Footpath at Kaeo

File Number:           A3891517

 

I, Deputy Mayor Ann Court, give notice that at the next Ordinary Meeting of Council to be held on 22 September 2022, I intend to move the following motion:

 

MŌtini / Motion

That the CEO investigate and report back to Council, on the feasibility and cost alongside an implementation plan to achieve a fully accessible footpath as it adjoins the town centre bridge in Kaeo.

 

 

Take / Rationale

Due to the closure of State Highway 1, up to 1300 additional vehicle movements per day have been re-routed to State Highway 10. A large number of these vehicles are HCV"s (Heavy Commercial Vehicles).

This is exacerbating a long-standing safety issue in Kaeo where the footpath, as it traverses the bridge, is not of sufficient width to accommodate a wheelchair. 

This is forcing individuals with mobility devices to abandon the footpath and use the State Highway carriageway instead.

As this is the only route available to traverse between the main body of the township and the Four Square, this situation is creating an unacceptable safety risk to some of the townships most vulnerable citizens.

I propose to move the following substitute motion at the Council Meeting to be held September 22nd, 2022, 10:00am in Council Chambers, Kaikohe

Āpitihanga / Attachments

1.       Copy of Notice of motion - Ann Court - Footpath at Kaeo - A3891514  

 


Ordinary Council Meeting Agenda

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Ordinary Council Meeting Agenda

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6            Confirmation of Previous Minutes

6.1         Confirmation of Previous Minutes

File Number:           A3859547

Author:                    Rhonda-May Whiu, 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 11 August 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.       2022-08-11 Council Minutes - A3836484  


 

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

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7            Reports

7.1         Committee Recommendations and Resolutions - September 2022

File Number:           A3890649

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   31 August 2022 – Assurance, Risk and Finance

o   5 September 2022 - Regulatory Committee

o   6 September 2022 – Strategy and Policy Committee

o   7 September 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.

 TŪTOHUNGA / Recommendation

That:

Item 5.1 Parking Enforcement – (Regulatory Compliance Committee)

a)    Council continues the trial period of enforcing stationary vehicle Warrants of Fitness and Registration offences across the district for a further 12 months to 30 June 2023

b)    and that partnership opportunities be pursued to address road safety and resourcing issues.

Item 5.2 Expressions Of Interest For Independent Hearings Commissioners – (Regulatory Compliance Committee

Council delegates the following powers to the persons listed in the attached schedule of ‘Commissioners with ‘Making good decisions’ certification (Appendix 1). The powers to:

a)    hear and determine resource consent applications (including but not limited to a change or cancellation of a condition/s; determinations for the requirement for a hearing, and extending or waiving compliance with a time limit up to the maximum period specified in the Act; the power to decline processing of an application or the consideration of a submission; determining that the Environment Court decide an application for resource consent; and directing an applicant or submitter to provide briefs of evidence/further information prior to hearing); notices of requirement; and objections under sections 357, 357A and 357B of the Act;

b)    extend or confirm existing use rights;

c)    determine that an activity is permitted;  

d)    make recommendations on public and private plan changes; and

e)    make recommendations to amend a plan or proposed plan to remove duplication or conflict with a national environmental standard; and

f)     that this list be reviewed within 6 months.

Item 5.1 Approval Of The Revised Terms Of Reference For The Joint Climate Change Adaptation Committee – (Strategy and Policy Committee)

a)    Council adopt the revised Terms of Reference for the Joint Climate Change Committee.

Item 5.2 Naming Policy - Recommendations For Making A New Policy (Strategy and Policy Committee)

a)    Council make the Naming Policy as per Attachment 1

b)    revoke the Road Naming and Property Numbering Policy 2014.

Item 5.5 Pou Herenga Tai Twin Coast Cycle Trail Bylaw - Recommendations For Making Amendments (Strategy and Policy Committee)

a)    Council approves, the recommendations in the staff report on the Pou Herenga Tai - Twin Coast Cycle Trail Bylaw submissions and recommendations for consideration in attachment 1 that:

i)       No changes are made to clauses 1,3,4,5,8,9, and 10.

ii)      Clauses 2, 6, and 7 are amended to improve certainty and clarity as per the recommendations in section 4 of the staff report Analysis of Submissions – Pou Herenga Tai – Twin Coast Cycle Trail in attachment 1

b)    Council amend the Pou Herenga Tai – Twin Coast Cycle Trail Bylaw under sections 145, 156, and 160 of the Local Government Act 2002, and make the Pou Herenga Tai – Twin Coast Cycle Trail Bylaw under section 11 of the Freedom Camping Act 2011.

Item 5.6 Open Spaces Strategy - Options Analysis (Strategy and Policy Committee)

a)    Council develop an Open Spaces Strategy.

Item 5.8 'Te Puāwaitanga' - Bay of Island / Waipapa Sports Hub Governance Arrangements - Options Analysis (Strategy and Policy Committee)

a)    a partnership structure between Far North District Council and an independent community entity be negotiated to ensure the sustainable long-term governance and management of Te Puāwaitanga.

 

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:

31 August 2022 – Assurance, Risk and Finance Committee

Agenda of Assurance, Risk and Finance Committee Meeting - Wednesday, 31 August 2022 (fndc.govt.nz)

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

5 September 2022 – Regulatory Compliance Committee

Supplementary Reports Agenda of Strategy and Policy Committee Meeting - Tuesday, 6 September 2022 (fndc.govt.nz)

The Regulatory Compliance Committee made the following recommendations listed below to Council:

That Council

Item 5.1 Parking Enforcement – (Regulatory Compliance Committee)

a)    continues the trial period of enforcing stationary vehicle Warrants of Fitness and Registration offences across the district for a further 12 months to 30 June 2023

b)    and that partnership opportunities be pursued to address road safety and resourcing issues.

 

6 September 2022 – Strategy and Policy Committee

Agenda of Strategy and Policy Committee Meeting - Tuesday, 6 September 2022 (fndc.govt.nz)

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

That

Item 5.2 Expressions Of Interest For Independent Hearings Commissioners – (Regulatory Compliance Committee

a)    Council delegates the following powers to the persons listed in the attached schedule of ‘Commissioners with ‘Making good decisions’ certification (Appendix 1). The powers to:

b)    hear and determine resource consent applications (including but not limited to a change or cancellation of a condition/s; determinations for the requirement for a hearing, and extending or waiving compliance with a time limit up to the maximum period specified in the Act; the power to decline processing of an application or the consideration of a submission; determining that the Environment Court decide an application for resource consent; and directing an applicant or submitter to provide briefs of evidence/further information prior to hearing); notices of requirement; and objections under sections 357, 357A and 357B of the Act;

c)    extend or confirm existing use rights;

d)    determine that an activity is permitted;  

e)    make recommendations on public and private plan changes; and

f)     make recommendations to amend a plan or proposed plan to remove duplication or conflict with a national environmental standard; and

g)    that this list be reviewed within 6 months.

Item 5.1 Approval Of The Revised Terms Of Reference For The Joint Climate Change Adaptation Committee – (Strategy and Policy Committee)

a)    Council adopt the revised Terms of Reference for the Joint Climate Change Committee.

Item 5.2 Naming Policy - Recommendations For Making A New Policy (Strategy and Policy Committee)

a)    Council make the Naming Policy as per Attachment 1

b)    revoke the Road Naming and Property Numbering Policy 2014.

Item 5.5 Pou Herenga Tai Twin Coast Cycle Trail Bylaw - Recommendations For Making Amendments (Strategy and Policy Committee)

a)    Council approves, the recommendations in the staff report on the Pou Herenga Tai - Twin Coast Cycle Trail Bylaw submissions and recommendations for consideration in attachment 1 that:

i)        No changes are made to clauses 1,3,4,5,8,9, and 10.

ii)       Clauses 2, 6, and 7 are amended to improve certainty and clarity as per the recommendations in section 4 of the staff report Analysis of Submissions – Pou Herenga Tai – Twin Coast Cycle Trail in attachment 1

b)    Council amend the Pou Herenga Tai – Twin Coast Cycle Trail Bylaw under sections 145, 156, and 160 of the Local Government Act 2002, and make the Pou Herenga Tai – Twin Coast Cycle Trail Bylaw under section 11 of the Freedom Camping Act 2011.

Item 5.6 Open Spaces Strategy - Options Analysis (Strategy and Policy Committee)

a)    Council develop an Open Spaces Strategy.

Item 5.8 'Te Puāwaitanga' - Bay of Island / Waipapa Sports Hub Governance Arrangements - Options Analysis (Strategy and Policy Committee)

a)    a partnership structure between Far North District Council and an independent community entity be negotiated to ensure the sustainable long-term governance and management of Te Puāwaitanga.

7 September 2022 – Infrastructure Committee

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

The Infrastructure Committee made no recommendations to Council

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 Committee Minutes - 31 August 2022 - A3871197

2.       Regulatory Compliance Committee Minutes - 5 September 2022 - A3873622

3.       Strategy & Policy Committee Minutes - 6 September 2022 - A3873743

4.       Infrastructure Committee Minutes - 7 September 2022 - A3879573  

 


Ordinary Council Meeting Agenda

22 September 2022

 


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Ordinary Council Meeting Agenda

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Ordinary Council Meeting Agenda

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7.2         Capital Carry Forwards June 2022

File Number:           A3878660

Author:                    Ajay Kumar, Acting Manager Accounting Services

Authoriser:             Janice Smith, Acting General Manager - Corporate Services

 

Take Pūrongo / Purpose of the Report

The purpose of the report is to identify the projects that Project Managers are requesting be carried forward to the 2022-23 financial year.  The projects are identified individually and a summary by activity including funding requirements is also included.

WhakarĀpopoto matua / Executive Summary

·   Like many other businesses, Far North District Council encountered delays due to COVID lockdowns, increased inflationary pressure and resource delays during 2021/22.

·   This impacted on the ability to deliver projects in some areas and as a result a significant proportion of the capital works budget was re-assessed and moved into the 2022/23 Annual Plan.

·   The 2021/22 capital works budget contained work that was being funded externally and some of that work is yet to complete.

·   Of the projects that remained in the 2021/22 capital programme, a number are yet to complete and for that reason, the budget now needs to be considered for carry forward to 2022/23.

·   The total sum to be carried forward within the report is $44,080,377 of which $13,585,677 relates to externally funded work.

·   Staff are also reviewing the role of the Project Management Office to ensure that the team are providing the right level of service to the business to improve on capital delivery moving forward.

 

 

tŪtohunga / Recommendation

That the Council

a)   approve the capital budgets identified in the report “Carry Forward for Capital Programme 2021-22” totalling $44,080,377 be carried forward to the 2022-23 financial year.

 

 

1) TĀhuhu kŌrero / Background

At 30 June 2022, a number of capital projects were underway but not completed.  The capital works overall position for the 2021-22 year (including carry forwards from 2020-21) was:

Capital budget – LTP+C/fwds

148.0m

 

External funding added in yr

23.0m

 

Total budget for projects

171.0m

 

Budget moved to 22/3 AP or cancelled

(65.1m)

38.07%

Actual expenditure

(61.8m)

36.14%

Balance to carry forward

44.1m

25.79%

 

 

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The projects identified for carry forward total $44,080,377 and are funded as follows:

 

Loan funding

$24,759,545

56.17%

Renewal funding

$5,154,248

11.69%

Subsidy/external funding

$13,585,677

30.82%

Reserves

$580,908

1.32%

It should be noted that 30.82% of the requested carry forward sum relates to projects that are funded by external support such as TIF, PGF and DIA 3 waters reform funding. Carry forwards not linked to external funding total $30,494,701. Of this sum the following key issues arose during the year:

1.    $190k of vehicle replacement are still awaiting delivery due to supplier constraints. These arrive in October 2022

2.    $744k of IT Hardware is delayed due to a national delay in receiving equipment from overseas.

3.    $578k of IT software is on hold pending a review of the requirements for three waters reforms

4.    $4.0m of new work has been cancelled in relation to Maritime projects that are no longer proceeding. The funding for these has been included in the carry forwards to allow it to be considered for other projects

5.    $1.1m is subject to review in relation to a co-funded project and could be re-allocated elsewhere if required.

6.    $951k relates to SCADA Telemetry and a project is currently underway to identify the best solution to ensure it aligns with the requirements of the three waters reforms

Take Tūtohunga / Reason for the recommendation

To enable the capital projects identified to be completed.

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

The budgets identified in the attached report would be in addition to those adopted in the 2022-23 year of the Long-Term Plan.  Overall funding limits will not be exceeded as these projects have been included as completed in the opening balances shown within the second year of the Long-Term Plan 2021-31.

Attachments

1.       Carry Forwards for Capital Programme 2021_2022 Summary - A3890294

2.       Carry Forwards for Capital Programme 2021_2022 Detail - A3890295  

 

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

Low.

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

None.

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.

There are no implications for Community Boards.

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 special implications for Māori.

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.

N/A

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

This is to seek approval to carry forward 2021/22 incomplete project budgets.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Ordinary Council Meeting Agenda

22 September 2022

 


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7.3         Reset of the Far North Waters Alliance

File Number:           A3886912

Author:                    Janice Smith, Acting General Manager - Corporate Services

Authoriser:             Blair King, Chief Executive Officer

 

Take Pūrongo / Purpose of the Report

To seek approval to re-establish the Far North Waters (FNW) Alliance as an alliance rather than a “master/servant” contract arrangement.

WhakarĀpopoto matua / Executive Summary

·        Far North Waters has been operating for three years

·        A number of elements were not included when Far North Waters was established which has led to issues with compliance with some Resource Consent conditions and no definitive land purchase strategy for discharge to land options, asset data and costs, planning for growth and how the Alliance operates

·        To address these issues and have an integrated high performing function, it is proposed to re-establish Far North Waters as a true Alliance. This will give the Far North District Council the opportunity to have:

·        Accurate Data & costs

·        A collaborative approach to address non-compliance issues

·        Optimisation of both assets and operations

·        A high focus on customer delivery

·        A Long-Term Plan that is deliverable

 

tŪtohunga / Recommendation

That Council approve the re-establishment of Far North Waters as a true Alliance between Ventia and FNDC with immediate effect.

 

 

1) TĀhuhu kŌrero / Background

The current FNW contract was established in 2019 and has been operating as a “master/servant” contract. Both entities retain their own staff and operate independently of each other. A true alliance arrangement sees both entities join together and work collaboratively to achieve the outcomes necessary to deliver the service.

Expectations in Three Waters service provision have risen exponentially in the last few years, brought on by the Havelock North contamination issue, population growth, housing demand and the general focus on improving water quality.  This has meant that the bar has raised right across the industry.  The cost of meeting these increased standards, alongside the addressing the backlog of Three Waters investment across the district will be significant. The total investment needed for an unconstrained programme has been estimated to be in excess of $1bn. A true Alliance will reduce unnecessary process and facilitate more efficient delivery of both operational work alongside a proportion of the capital programme. Effectively more will be delivered per $1 spent. 

This is an opportunity to draw a line on the past and build on the existing sub-optimal Alliance arrangement to develop a true Alliance that will be an industry leader with best practise standards.  By refocussing and empowering the Alliance we will be able to ensure the reprioritisation of Council resources to target Three Waters compliance and growth.

 

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The Far North Water Alliance was set up in 2019, however it lacked a number of elements that a true Alliance has.  This has created a number of issues, with corresponding implications.  These include the following:

Issue

Implications

Non-compliance with some Resource Consent conditions and no definitive land purchase strategy for discharge to land options

§ Key relationships with Northland Region Council and Iwi damaged

§ Reputational damage with community

§ Abatement and Enforcement Notices leading to potential financial penalties and requirement for unplanned and unbudgeted work.

§ Future Resource Consent applications will be more challenging.

Incomplete asset data and costs:

§ Asset Management practices historically based on asset life principles

§ Asset condition assessment programme underway but not yet complete

§ No hierarchy of assets outside of what is being developed for INFOR

§ Ventia system is for job management, not asset management

§ Incomplete asset condition data

§ No accurate cost data

§ Incomplete forward works programme

§ Incomplete Asset Management Plan – needed to demonstrate that Council is managing assets effectively.

§ No asset modelling capacity to optimise assets

§ Budgets not defendable – audit issue

§ LTP objectives and work programme not aligned with correct rating and funding

§ Existing Capital Programme artificially capped to reflect affordability and deliverability resulting in backlog of projects

§ Insufficient resources for asset planning and identification of future work programmes.

Growth not factored into forward plans

§ Capital projects not factored in

§ Insufficient funding and reserves to deliver growth needs without external funding

§ LTP objectives and work programme not aligned Growth in District inhibited

Alliance not structured properly and not operating properly

§ Set up as Master/servant

§ Not co-located – staff working in one location together as one team

§ Sub-optimal performance – poor levels of service

§ 80% reactive maintenance versus 20% planned asset maintenance

§ High numbers of RFS’s and complaints from public and rate payers

§ Sub-optimal decisions being made resulting in additional costs

§ Lack of team cohesion

§ Lack of customer focus

 

Continuation of the programme of condition surveys and identification of clear asset information is key to the success of the Alliance.  Information is currently held in several areas across Council and Ventia and this needs to be brought into one “source of the truth” system to enable operational and capital investment plans to be re-aligned with the key objectives.  Strategic and tactical asset management strategies and plans will form the underlying base from which to move forward.

Current indications are that approximately $2m a year is spent on reactive maintenance with only $0.5m delivering preventative maintenance.  To rebalance this position, the condition and capacity of assets needs to be clearly understood and investment optimised against a record of maintenance interventions.  Plans for preventative maintenance will enable the Alliance to reduce the operational cost of maintenance over time.

The question has been raised as to why bother restructuring the Alliance now when the new 3 Three Waters Entity A is about to be implemented and they will do their own restructuring (potentially putting staff through 2 restructures).  Key elements are:

§ Timing for Entity A is in the next 24 months

§ The programme for the establishment of the Three Waters Entities is rushed and may take longer than projected

§ Entity A will include Auckland and the Northland councils.  Auckland makes up 80% - 90% of the population and requirements for Entity A.  As such, most of their focus will likely be on getting that part of the operation going first.  This could mean that the other councils continue operating for the next year or two as they are.  This in turn would mean that if FNDC doesn’t reset the Alliance then things will continue as they are. The current situation is causing a lot of unnecessary challenges, noise and poor use of resources and money

§ Having a team that is strong and functioning well increases the chances of it being handed over intact with less disruption to staff

§ If FNDC doesn’t have a well-constructed and defendable forward capital works plan Entity A could take the view that nothing is required for the district when allocating funds across the region – so FNDC could miss out

§ FNDC has the opportunity to get a best practice model operating that is the exemplar for the three waters sector going forward

 

An Alliance Leadership Team (ALT) comprising of two General Managers from Ventia, and two senior staff from Council has been set up to take oversight of the process.

The current total operating cost “TOC” is based on operational costs only. For the alliance to function and provide the best outcomes for our customers this needs to be expanded to incorporate all renewal work alongside all capital works with a value of up to $2m. This will achieve better outcomes, as it will include detailed support from the operational arm of the team, as well as ensuring renewal work is able to be completed whilst the plants remain operational. The overall value of the TOC will also include an element of existing Council budget as staff join together under the one umbrella.

 

 

The above value is based on current Annual Plan capital budgets and will be subject to amendment as work is prioritised to address the issues around non-compliance and health & safety.

Take Tūtohunga / Reason for the recommendation

To seek approval to move to an alliance arrangement for the provision of water wastewater and stormwater services through a reset Far North Waters alliance

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

The budgets identified above are currently provided for as part of the 2022/23 Annual Plan with subsequent years provided for in the 2021/31 Long-Term Plan. The total values are indicative at this stage and could be subject to variation dependent upon the final structure of the alliance team and the re-prioritisation of the capital projects.

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

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

This will enable better outcomes to be achieved within the funding approved in the Long-Term Plan

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.

This decision will provide better outcomes for connected customers across the district

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).

Not relevant to this decision

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

Included within the report

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Ordinary Council Meeting Agenda

22 September 2022

 

7.4         District Wide Water & Wastewater charges - consultation

File Number:           A3886611

Author:                    Janice Smith, Acting General Manager - Corporate Services

Authoriser:             Emma Healy, Executive Officer

 

Take Pūrongo / Purpose of the Report

To seek approval to proceed with consultation on changing the rating methodology for Water and Wastewater targeted rates to a District Wide Model.

WhakarĀpopoto matua / Executive Summary

·        Council charges for Water and Wastewater services are high, particularly in areas of small population.

·        There are a number of abatement issues that need to be addressed.

·        The growth that is currently provided for in the Proposed District Plan is not currently factored into the infrastructure plans for the 3 waters.

·        The customers within the district would be adversely affected in terms of affordability if Council continues to charge some rates on a scheme basis.

·        A draft Statement of Proposal has been developed to enable consultation to commence as soon as practically possible after the election.

 

tŪtohunga / Recommendation

That Council:

a)      Approves the draft Statement of Proposal for District Wide rating of Water and Wastewater targeted rating

b)      Approves that consultation commences as soon as practically possible after the election to enable staff to complete the consultation process, carry out deliberations.

 

 

1) TĀhuhu kŌrero / Background

The challenge facing Council is to adequately fund reticulated water supply wastewater treatment in the Far North.

 

The cost of these services is high, regardless of where you live in New Zealand. The Far North faces challenges of geography and small, dispersed settlements combined with a low ratepayer base. Since 2020, when Council consulted on the Long-Term Plan, costs for maintaining water services have increased steeply. This is because aging infrastructure requires renewal and upgrade, compliance requirements are increasing, and supply chain issues are pushing costs up.

It is challenging to fund these services in an affordable and equitable manner. Resident groups are starting to question the affordability of the investment needed to meet the demands of increased compliance standards, building resilience into networks, addressing long standing cultural issues and meeting the demands of growth.  Historically the affordability issue has resulted in scope constrained capital works programmes.

 

Currently these services are funded through capital and operational targeted rates, while some costs associated with capital investment are calculated on a scheme-by-scheme basis.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Council currently has four plants that are non-compliant with abatement notices in place. The Northland Regional Council has advised Council that ongoing non-compliance is not acceptable.

To address the problem means accepting costs. At present, the costs of upgrades and ongoing operations falls to the community that benefits directly from the service – if you are connected or could be connected, you pay your share of the cost. The total cost of upgrades is not relative to the number of connections on a network. That means a small community will experience a far greater cost burden than a larger community, where the costs are spread more widely. By moving to a district-wide targeted rate, the burden is spread across a much larger number of ratepayers. If Council continues to pursue a scheme-based rating methodology, some communities will not be able to afford their rates.

 

Council also needs to bring its existing networks and infrastructure up to standard to ensure we continue to provide the level of service we are committed to in an affordable way.

Council knows there is a housing deficit in New Zealand and is actively supporting the Government’s drive to ensure thriving communities where everyone has a place to call home. New housing requires new core infrastructure. Work is underway to assess the overall cost to improve the Far North’s water, wastewater, stormwater and roading networks to support the zoning provisions in the Proposed District Plan. Current indications are that this could be as much as $660m.

 

The overall estimated backlog of investment in three waters in the Far North, including for housing growth, has recently been estimated to be in excess of $1b.

 

The draft statement of proposal attached discusses the removal of the current scheme-based targeted rates for water and wastewater and replaces them with a district-wide targeted rate for water supply and a district-wide targeted rate for wastewater treatment. Some ratepayers will experience a net increase in their rates whilst others will experience a decrease. The proposed change will help Council to invest enough money to make sure that our plants are compliant, which in turn supports the environmental and cultural wellbeing of our District. It will enable Council to develop fit-for-purpose networks that can be extended to enable growth, thus addressing social and economic outcomes. While this alone won’t make the affordability issue disappear, it will go some way towards relieving the burden for many.

 

 

The information above shows the change in rate impact for the current financial year for each area. Some are combined services and others have one service and not the other.

The Local Government (Rating) Act 2002 (LGRA) provides councils with powers to set, assess and collect rates to fund local government activities. Any major changes to the rate methodology need to be consulted on under S78 and S79 of the Local Government Act 2002 and this can be done at any time.

 

Option 1 (Recommended)

Attached is a draft Statement of Proposal that can be used to commence a special consultation process in line with the requirements of the Local Government Act 2002. It is recommended that Council approve the consultation process, to commence as soon as is practically possible, after the election.

Option 2

Do not proceed to consultation and retain the current rating methodology for Water and Wastewater targeted rates.

Take Tūtohunga / Reason for the recommendation

To enable staff to proceed with a special consultative process in relation to the potential change to the rating methodology for Water and Wastewater targeted rates.

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

There are no direct financial implications arising from this report.

Āpitihanga / Attachments

1.       Draft Statement of Proposal for District Wide rating of Water and Wastewater - A3886603  


 

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

This report seeks approval for consultation, in alignment with a matter of high significance.

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

The relevant legislation is stated within the report.

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

This is a matter of district relevance. The views of Community Board have not been sought.

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.

Water and wastewater are known to be of importance to māori. This report seeks a change to how we rate, rather than how we operate the schemes.

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 does not affect any persons specified in legislation.

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

The financial implications will be covered within existing budgets.

Chief Financial Officer review.

The Chief Financial Officer has prepared this report.

 

 


Ordinary Council Meeting Agenda

22 September 2022

 


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7.5         Request for Encumbrance over Esplanade Reserve, Puketona Road

File Number:           A3864592

Author:                    Graham Norton, Senior Facilities Technical Officer

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

 

Take Pūrongo / Purpose of the Report

The purpose of this report is to seek Council approval to grant an encumbrance under the Reserves Act 1977 on a portion of the Local Purpose Esplanade Reserve, to address a severe erosion threat associated with an adjoining private property at 838 Puketona Road, Puketona. The encumbrance is required to allow necessary erosion control works to prevent further land loss and to protect what remains of the reserve.

WhakarĀpopoto matua / Executive Summary

·        Reducing erosion is critical to protect both the Esplanade Reserve and a privately owned property.

·        Northland Regional Council (NRC) support this request.

·        By granting an encumbrance, FNDC move the ongoing responsibility of this structure to the property owner(s).

·        The owners of 838 Puketona Road are willing to cover all costs.

·        The Reserves Act 1977 provides a mechanism for Council to consider approving the granting of an encumbrance to accept the encroachment proposed.

·        Under the Reserves Act 1977 it is for Council to consider approving the granting of an encumbrance to accept the encroachment on Local Purpose Esplanade Reserve (Lot 3 DP 142939) for the purpose outlined.

 

tŪtohunga / Recommendation

That Council approve the granting of an encumbrance pursuant to the Reserves Act 1977 on Local Purpose Esplanade Reserve Lot 3 DP 142939 for the purpose of enabling the privately funded construction of an erosion control device that satisfies both FNDC and NRC requirements.

 

1) TĀhuhu kŌrero / Background

The Esplanade Reserve behind 838 Puketona Road has been significantly impacted by recent rainfall events, resulting in several metres of reserve land falling into the river. Now that the bank has been destabilised, erosion is beginning to accelerate to the extent that privately owned land is being put at risk as per the photos inserted.

As advised by Legal Services, a Memorandum of Encumbrance is a change registered over a property’s record of title which creates a security interest over that property in favour of a third party for the performance of an obligation. It doesn’t expressly restrict the transfer of ownership of a property, but an encumbrance can have that effect. For example, Council may require all interests and encumbrances to be removed from a record of title before we accept land to be vested in Council. An encumbrance can also bind a successive owner.

The property owner approached NRC who have agreed in principle to their request to install an erosion control device, subject to approval from FNDC as per attachment 1 . The resident is willing to cover all associated costs.

 

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

It has been recommended by FNDC’s Legal Services to grant an encumbrance. In doing this, any structure built on the Esplanade Reserve becomes the ongoing responsibility of the owner of 838 Puketona Road, rather than Council.

Failure to act is likely to see the Esplanade Reserve, and potentially private land, lost to erosion.

Further discussions are needed with the property owner to progress this matter, however obtaining confirmation from Council that there is an agreement to grant an encumbrance will enable the required discussions to proceed far more effectively.

Take Tūtohunga / Reason for the recommendation

The owner is willing to fully fund the erosion control device as per FNDC and NRC requirements, granting an encumbrance will empower t this to happen.

If an encumbrance is not granted, FNDC would likely be responsible for installing an erosion control device, costs of likely to exceed $100,000. FNDC would also be responsible for all ongoing maintenance of the site and structure.

Significant rainfall events are becoming increasingly common in Northland and it is believed that by approving this request and empowering landowners to protect council land, council is setting a positive precedence.

3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary ProvisionThere are no budgetary implications if this recommendation is accepted.

Āpitihanga / Attachments

1.       NRC Email Supporting Encumbrance Puketona Road - A3888148  


 

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. This is an isolated esplanade reserve with very limited public interest/accessibility.

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

Reserves Act 1977

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

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.

 

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).

Very limited access by the public to this Esplanade Reserve.

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

Property owner has indicated they will cover all costs.

Chief Financial Officer review.

The Chief Financial Officer (Acting) has reviewed this report.

 

 


Ordinary Council Meeting Agenda

22 September 2022

 


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Ordinary Council Meeting Agenda

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7.6         Matauri Bay Wastewater Scheme

File Number:           A3887809

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

Authoriser:             Janice Smith, Acting General Manager - Corporate Services

 

Take Pūrongo / Purpose of the Report

To seek Council agreement to commission the Matauri Bay wastewater scheme.

WhakarĀpopoto matua / Executive Summary

·        Cavalli Properties, as the owners of the development previously known as Matauri X, created a reticulated wastewater network complete with a treatment plant and Discharge to Land Consent. 

·        A 2009 agreement between FNDC, Matauri Bay Properties Ltd (MBPL) and Matauri X Incorporation saw the Innoflow system transferred to FNDC for a nominal value. Nearby Kauri Cliff’s resort has the same system operating.

·        Clause 4.2 of the 2009 agreement confirmed that the system could be operated and maintained to an appropriate standard necessary for the protection of the environment. Matauri X Inc and Cavalli Properties believe this clause represents an intent from Council to commission the system.

·        The Māori freehold Matauri X subdivision consists of 160 lots. Until the Innoflow system is operationalised building consents cannot be obtained.

·        The Ministry of Housing and Urban Development (HUD) are working with Council officers and the Kahukuraariki Trust (Ngati Kahu ki Whangaroa) to find an alternative to non-compliant temporary housing on the foreshore, with the main problem being a lack of essential water/wastewater services. The solution is to relocate these families to the area that could access the Innoflow system if it was operating. 

·        Commissioning the system would create some much-needed housing outcomes. Those living in sub-standard housing on the foreshore would see a dramatic improvement in their wellbeing and a further 160 houses would be available for those who desperately need them.

·        Cavalli Properties would like Council to operationalise the system and allow them to run it for 18 months as a proof of viability and capacity, with Council agreeing to consult the relevant entities for transfer of the system from 1 July 2024.

 

tŪtohunga / Recommendation

That Council

a)      Permits Cavalli Properties Ltd to commission the Innoflow wastewater treatment assets at Matauri Bay with Cavalii Properties agreeing to fund all operationalization and operating costs until 1 July 2024.

b)      Agrees that on the basis of Cavalli Properties experience of operating the Innoflow system, Council will consult with the relevant entities to transfer the operating of the system from Cavalli Properties Ltd from 1 July 2024.

 

1) TĀhuhu kŌrero / Background

In 2003, Matauri X was in danger of losing their whenua after a failed water bottling business venture was placed into receivership. Matauri X kept most of their land by parcelling off a section and changing the designation from Māori Leasehold to Māori Freehold title so that the sections could be developed and sold, thus securing the remainder of their land.

Since then, Matauri X has worked closely within the community to show a pathway forward that, once implemented, will bring benefits to whanau who live in Matauri Bay and those who want to move there or visit the region.

In 2015, Peter Kraus who had family connections with Ngati Kura, got involved to assist Matauri X in ensuring they kept their whenua. He set up Cavalli Properties Ltd and bought the sections and unencumbered Matauri X from their security. In good faith, Peter also agreed to pay Matauri X a 5% commission on all sections sold back to Matauri X shareholders (to help develop papakianga housing and other iwi initiatives) and offered a sizeable discount to Matauri X shareholders.

Matauri X and Cavalli Properties have a strong relationship and are working together to ensure Matauri Bay continues to be one of the jewels in the crown for the North.

Reticulated sanitation service

In 2007 an Innoflow wastewater system was installed at the subdivision site. It was designed to service domestic wastewater from approximately 160 dwellings. The system is designed to treat up to 166,000 litres per day peak flows. The Resource Consent stipulates that the maximum daily discharge shall not exceed 203,000 litres per day (203m3/day). The reticulation extends past the Matauri X subdivision with 160 lots through to papakainga housing on one side, and down to the campground on the other.

A 2009 agreement between Council, Matauri Bay Properties Ltd and Matauri X Inc saw the wastewater assets transferred to FNDC for $55,000 and an easement formalised to allow Council access to the assets so that they could be operated by Council. Clause 4.2 of the 2009 agreement specifies the obligation on Council to operate and maintain the system.  

Council has, from time to time, entered into discussions with Matauri X on this matter, but no commitment to operationalise the scheme has yet been made by Council.

The issue has again arisen because of worsening housing-related wellbeing issues experienced by whanau in this area and the negative impacts on the whenua of suboptimal temporary housing conditions and virtually non-existent sanitary facilities. Matauri X and Central Government believe the solution is switching on the Innoflow system so that building consents can be obtained and the programme to build 160 much-needed homes begun. Whanau in the temporary housing can be relocated and the temporary housing removed.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Coming up with a solution that ensures all parties achieve what they need to successfully move forward is essential. Our challenge is to enable the community of Matauri Bay to flourish and prosper, for Matauri X to support whanau sustainably into the future, and for other landowners to be able to build their homes while enabling Council to remain within its fiscal envelope.

The wastewater assets are owned by Council and are not recognised as an operating community wastewater scheme by the Three Waters Reform transition unit. If the scheme could be successfully operated as a community wastewater scheme for a reasonable period of time, proving its viability and capacity, this is a possibility it could be transferred to the new Three Waters entity along with Council’s other three waters assets.

Matauri X plans to develop its whenua with a focus on papakainga development to build houses for whanau and cement ground rental income that will provide value back to shareholders. It also expects to extend the holiday park, including serviced cabins, and develop tourism opportunities for the tourism sector, again generating income for reinvestment or disbursement to shareholders.

There is significant whanau commitment and drive to do what is necessary to get houses built, with aspirations for at least 87 housing units within the whenua with concept plans circulating since 2011. Eight units are in the resource consent planning phase for Roto, and it is expected that these units will use the last remaining static capacity at an existing pond system at Roto. Once this capacity has been used all other houses will need to connect to the Innoflow system.

Matauri Bay Holiday Park

The growth and success of the campground is critical to the long-term sustainability of Matauri X and its housing aspirations, as it will help to fund the capital cost. The Park has just been re-leased with Great Value Accommodation Ltd, a well-regarded and experienced holiday park operator. Plans are in place to extend the park, but to do so depends on connection to the Innoflow system. The expansion plan includes serviced cabins, significantly more campsites and a new ablutions block. Water supply for the expansion has already been funded and is near completion.

Option 1 (Recommended): Commission the scheme

Cavalli Properties are prepared to consider covering the cost of commissioning the assets (approximately $35,000) and agree to fund its operation at approximately $25,000 per annum while agreement is reached as to how these costs could be recuperated in the future. Council would commit to negotiating the inclusion of the scheme in the schedule of three waters assets that will transfer to the new entity on 1 July 2024.

This option will:

·    Enable the construction of much-needed homes for whanau;

·    Allow the extension of the campground which will increase revenue for Matauri X that can be reinvested in the land and assets;

·    Generate a 5% commission paid directly to Matauri X from every section sold at the subdivision which will assist with the growth, development, and housing for local iwi and hapū;

·    Provide shareholders a significant discount on sections bought at the new subdivision;

·    Establish and develop a strong local community; and

·    Enable Council to make good on their obligations and commitments made in relation to the Matauri Bay wastewater treatment plant, specifically to the 2009 agreement and easement.

Option 2: Do not commission the scheme

This option leaves Matauri X in a position of not being able to satisfy the housing needs in the area. It also leaves Council with unused and degrading assets for which is still retains responsibility for. The resource consent will expire in 2026.

Take Tūtohunga / Reason for the recommendation

When Council took ownership of the assets in 2009 it entered into an agreement with Cavalli to operate the system. The subdivision was conceived and designed by Matauri X for the benefit of the community, and at Council’s suggestion that benefit was expanded by increasing the capacity of the Innoflow system. Council agreed to assume ownership of the system to ensure future connections could be preserved, and the system could be operated and maintained to an appropriate standard necessary for the protection of the environment.

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

Cavalli are prepared to consider funding the cost to commission and to operate the scheme for its first year. It is therefore expected that commissioning and operating the system will not impact ratepayers. Council efforts to negotiate the future of the scheme will be funded out of current budgets.

Āpitihanga / Attachments

1.       Easement - A3896998

2.       As Builts 2020 Matauri - A3896987

3.       Innoflow Matauri As-Built Information 14-12-07 - A3896988

4.       Matauri X MXI MBPL FNDC 2009 Agreement - A3896976  

 


 

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

This is 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 is a unique project that could inform future strategies.

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.

Community Boards views have not been sought.

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.

Council officers have worked with Ministry of Housing and Urban Development (HUD), incorporating  Kahukuraariki Trust (Ngati Kahu ki Whangaroa) as part of the discussions to date.

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 does not interest any particular persons identified in legislation.

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

As stated in the report, this does not require additional budget or have immediate rating implication.

Chief Financial Officer review.

The Chief Financial Officer has been involved in the writing of this report.

 

 


Ordinary Council Meeting Agenda

22 September 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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Ordinary Council Meeting Agenda

22 September 2022

 

8            Information Reports

8.1         Petition to Collectively Engage in Judicial Vetoing of Fluoridation Order

File Number:           A3869089

Author:                    Aisha Huriwai, Team Leader Democracy Services

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

 

TAKE PŪRONGO / Purpose of the Report

To present to Council a petition received by Council staff.

WHAKARĀPOPOTO MATUA / Executive SummarY

·    Council formally received an ‘order to fluoridate’ at the 22 August Council meeting.

·    Sovereign are petitioning 14 Councils across New Zealand including Far North District Council.

·    Of the 190 electronic signatures, 93 of them have identified as being within Far North.

·    The actual petitioners are not attached to this report to avoid disclosure of information protected by the Privacy Act.

·    The petition looks to:
“Seek judicial veto on delivering fluoridated water to municipalities as the Fluoridation Order violates Section 3A of Health Act 1956 when applied to the developing sector of the population. Fluoridation of municipal water is done under the pretense of oral health which can be achieved with fluoridated dental products.”

 TŪTOHUNGA / Recommendation

That the Council receive the report Petition to Collectively Engage in Judicial Vetoing of Fluoridation Order.

 

 

tĀHUHU KŌRERO / Background

At the 11 August 2022 Council meeting, Council formally received a report outlining a directive we received from the Ministry of Health.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

This report presents a petition received requesting Council to seek a judicial veto on delivering fluoridated water. This report simply seeks to present the petition for Council to receive.

If Council wanted to act in support of the petition a report could be requested of the Chief Executive to provide advice on steps and process to seek a judicial veto.

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

There are no financial implications or need for budgetary provision.

Āpitihanga / Attachments

1.       PETITION TO COLLECTIVELY ENGAGE IN JUDICIAL VETOING OF FLUORIDATION ORDER - A3890645  

 


Ordinary Council Meeting Agenda

22 September 2022

 


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Ordinary Council Meeting Agenda

22 September 2022

 

8.2         Community Board Updates September 2022

File Number:           A3887812

Author:                    Marlema Baker, Democracy Advisor

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

TAKE PŪRONGO / Purpose of the Report

To enable overview of Community Board resolutions at Council and provide Community Board Chairpersons 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:

Kaikohe-Hokianga Community Board

§ 3 August 2022

Bay of Islands-Whangaroa Community Board

§ 4 August 2022

§ 1 September 2022

Te Hiku Community Board

§ 16 August 2022

·    The following meetings were yet to occur when this report was prepared

Extraordinary Bay of Islands-Whangaroa Community Board – 15 September 2022

The Te Hiku Community Board also has a meeting on 20 September

·    The minutes for those meetings will be included in the next Council agenda.

 

 TŪTOHUNGA / Recommendation

That Council note the following Community Board minutes:

a)      Kaikohe-Hokianga Community Board

·    3 August 2022

b)      Bay of Islands-Whangaroa Community Board

·    4 August 2022

·    1 September 2022

c)      Te Hiku Community Board

·    16 August 2022

 

 

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.       2022-08-03 Kaikohe-Hokianga Community Board Minutes - A3819131

2.       2022-08-04 Bay of Islands-Whangaroa Community Board Minutes - A3820126

3.       2022-08-16 Te Hiku Community Board Minutes - A3847696

4.       2022-09-01 Bay of Islands-Whangaroa Community Board Minutes - A3876970  

 


Ordinary Council Meeting Agenda

22 September 2022

 


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Ordinary Council Meeting Agenda

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Ordinary Council Meeting Agenda

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8.3         Council Action Sheet Update September 2022

File Number:           A3890807

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 September 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 - September 2022 - A3897648  

 

 


Ordinary Council Meeting Agenda

22 September 2022

 


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9            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

9.1 - 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

9.2 - Committee Public Excluded Resolutions - September 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

9.3 - Infrastructure Acceleration Fund (IAF) - Negotiation of Funding Agreements

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

9.4 - Extension of Contract 7-14-60 Education and Promotion of Waste Minimisation and Sustainability Practices to Community and Business Environment Centre (Eco Solutions)

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

9.5 - Solid Waste Service Delivery Review

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

9.6 - 8 Karamea Road, Mangonui - Stormwater Site Remediation

s7(2)(d) - the withholding of the information is necessary to avoid prejudice to measures protecting the health or safety of members of the public

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

9.7 - 7 Hokianga Drive, Opononi

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

9.8 - The future of the Turner Centre

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)(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

9.9 – Kawakawa to Opua Cycleway – Update and Next Steps

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

9.10 New Lease for Commercial Property – 13 Homestead Road, Kerikeri

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)

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

 

 

 

 


Ordinary Council Meeting Agenda

22 September 2022

 

 

10          Karakia Whakamutunga / Closing Prayer

 

11          Te Kapinga Hui / Meeting Close