Agenda of Strategy and Policy Committee Meeting

	Authorising Body	Mayor/Council
	Status	Standing Committee
COUNCIL COMMITTEE	Title	Strategy and Policy Committee Terms of Reference
	Approval Date	19 December 2019
	Responsible Officer	Chief Executive

Purpose

The purpose of the Strategy and Policy Committee (the Committee) is to set direction for the district, determine specific outcomes that need to be met to deliver on that vision, and set in place the strategies, policies and work programmes to achieve those goals.

In determining and shaping the strategies, policies and work programme of the Council, the Committee takes a holistic approach to ensure there is strong alignment between the objectives and work programmes of the strategic outcomes of Council, being:

· Better data and information

· Affordable core infrastructure

· Improved Council capabilities and performance

· Address affordability

· Civic leadership and advocacy

· Empowering communities

The Committee will review the effectiveness of the following aspects:

· Trust and confidence in decision-making by keeping our communities informed and involved in decision-making.

· Operational performance including strategy and policy development, monitoring and reporting on significant projects, including, but not limited to:

o FN2100

o District wide strategies (Infrastructure/ Reserves/Climate Change/Transport)

o District Plan

o Significant projects (not infrastructure)

o Financial Strategy

o Data Governance

o Affordability

· Consultation and engagement including submissions to external bodies / organisations

To perform his or her role effectively, each Committee member must develop and maintain his or her skills and knowledge, including an understanding of the Committee’s responsibilities, and of the Council’s business, operations and risks.

Power to Delegate

The Strategy and Policy Committee may not delegate any of its responsibilities, duties or powers.

Membership

The Council will determine the membership of the Strategy and Policy Committee.

The Strategy and Policy Committee will comprise of at least seven elected members (one of which

will be the chairperson).

Mayor Carter

Rachel Smith – Chairperson

David Clendon – Deputy Chairperson

Moko Tepania

Ann Court

Felicity Foy

Dave Collard

John Vujcich

Belinda Ward – Bay of Islands-Whangaroa Community Board

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

Quorum

The quorum at a meeting of the Strategy and Policy Committee is 5 members.

Frequency of Meetings

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

Committees Responsibilities

The Committees responsibilities are described below:

Strategy and Policy Development

· Oversee the Strategic Planning and Policy work programme

· Develop and agree strategy and policy for consultation / engagement.

· Recommend to Council strategy and policy for adoption.

· Monitor and review strategy and policy.

Service levels (non-regulatory)

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

Policies and Bylaws

· Leading the development and review of Council's policies and district bylaws when and as directed by Council

· Recommend to Council new or amended bylaws for adoption

Consultation and Engagement

· Conduct any consultation processes required on issues before the Committee.

· Act as a community interface (with, as required, the relevant Community Board(s)) for consultation on policies and as a forum for engaging effectively.

· Receive reports from Council’s Portfolio and Working Parties and monitor engagement.

· Review as necessary and agree the model for Portfolios and Working Parties.

Strategic Relationships

· Oversee Council’s strategic relationships, including with Māori, the Crown, and foreign investors, particularly China

· Oversee, develop, and approve engagement opportunities triggered by the provisions of Mana Whakahono-ā-Rohe under the Resource Management Act 1991

· Recommend to Council the adoption of new Memoranda of Understanding (MOU)

· Meet annually with local MOU partners

· Quarterly reviewing operation of all Memoranda of Understanding

· Quarterly reviewing Council’s relationships with iwi, hapū, and post-settlement governance entities in the Far North District

· Monitor Sister City relationships

· Special projects (such as Te Pū o Te Wheke or water storage projects)

Submissions and Remits

· Approve submissions to, and endorse remits for, external bodies / organisations and on legislation and regulatory proposals, provided that:

o If there is insufficient time for the matter to be determined by the Committee before the submission “close date” the submission can be agreed by the relevant Portfolio Leaders, Chair of the Strategy and Policy Committee, Mayor and Chief Executive (all Councillors must be advised of the submission and provided copies if requested).

o If the submission is of a technical and operational nature, the submission can be approved by the Chief Executive (in consultation with the relevant Portfolio Leader prior to lodging the submission).

· Oversee, develop, and approve any relevant remits triggered by governance or management commencing in January of each calendar year.

· Recommend to Council those remits that meet Council’s legislative, strategic, and operational objectives to enable voting at the LGNZ AGM. All endorsements will take into account the views of our communities (where possible) and consider the unique attributes of the district.

Fees

· Set fees in accordance with legislative requirements unless the fees are set under a bylaw (in which case the decision is retained by Council and the committee has the power of recommendation) or set as part of the Long Term Plan or Annual Plan (in which case the decision will be considered by the Long Term Plan and Annual Plan and approved by Council).

District Plan

· Review and approve for notification a proposed District Plan, a proposed change to the District Plan, or a variation to a proposed plan or proposed plan change (excluding any plan change notified under clause 25(2)(a), First Schedule of the Resource Management Act 1991);

· Withdraw a proposed plan or plan change under clause 8D, First Schedule of the Resource Management Act 1991.

· Make the following decisions to facilitate the administration of proposed plan, plan changes, variations, designation and heritage order processes:

§ To authorise the resolution of appeals on a proposed plan, plan change or variation unless the issue is minor and approved by the Portfolio Leader District Plan and the Chair of the Regulatory committee.

§ To decide whether a decision of a Requiring Authority or Heritage Protection Authority will be appealed to the Environment Court by council and authorise the resolution of any such appeal.

§ To consider and approve council submissions on a proposed plan, plan changes, and variations.

§ To manage the private plan change process.

§ To accept, adopt or reject private plan change applications under clause 25 First Schedule Resource Management Act (RMA).

Rules and Procedures

Council’s Standing Orders and Code of Conduct apply to all the committee’s meetings.

Annual reporting

The Chair of the Committee will submit a written report to the Chief Executive on an annual basis. The review will summarise the activities of the Committee and how it has contributed to the Council’s governance and strategic objectives. The Chief Executive will place the report on the next available agenda of the governing body.

Strategy and Policy Committee Meeting Agenda

6 September 2022

4 Confirmation of Previous Minutes

4.1 Confirmation of Previous Minutes

File Number: A3853072

Author: Marlema Baker, Democracy Advisor

Authoriser: Aisha Huriwai, Team Leader Democracy Services

Purpose of the Report

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

Recommendation

That the Strategy and Policy Committee agrees that the minutes of the meeting held 26 July 2022 be confirmed as a true and correct record.

1) Background

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

2) Discussion and Options

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

Reason for the recommendation

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

3) Financial Implications and Budgetary Provision

There are no financial implications or the need for budgetary provision.

Attachments

1. Strategy and Policy Committee Minutes - 26 July 2022 - A3807376 ⇩

Compliance schedule:

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

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

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

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

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

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

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This is a matter of low significance.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	This report complies with the Local Government Act 2002 Schedule 7 Section 28.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	It is the responsibility of each meeting to confirm their minutes therefore the views of another meeting are not relevant.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	There are no implications on Māori in confirming minutes from a previous meeting. Any implications on Māori arising from matters included in meeting minutes should be considered as part of the relevant report.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences.	This report is asking for the minutes to be confirmed as true and correct record, any interests that affect other people should be considered as part of the individual reports.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications or the need for budgetary provision arising from this report.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Strategy and Policy Committee Meeting Agenda

6 September 2022

5 Reports

5.1 Approval of the Revised Terms of Reference for the Joint Climate Change Adaptation Committee

File Number: A3737941

Author: Roger Ackers, Manager - Strategy Development

Authoriser: Janice Smith, Acting General Manager - Corporate Services

Take Pūrongo / Purpose of the Report

To seek approval for a revised Terms of Reference for the Joint Climate Change Adaptation Committee.

WhakarĀpopoto matua / Executive Summary

· The Far North District Council, alongside Northland Regional Council, Whangarei District Council and Kaipara Council is a member Council of the Joint Climate Change Adaptation Committee (The Joint Committee) formed in late 2020.

· The membership of the Joint Committee consists of one elected member and one appointed iwi/hapū representative from each member Council.

· The Joint Committee requested that each Council review their respective policies with the goal of achieving consistency in the remuneration of iwi/hapū representatives appointed to the Joint Committee.

· In alignment with this request the Far North District Council adopted an Appointed Members Allowance Policy on 23 September 2021.

· On 7 March 2022, the Joint Committee recommended that each member Council adopt the revised Terms of Reference that now considers each Council’s revised policy position for the remuneration of iwi/hapū representatives on the Committee.

· Approval is now sought for the revised terms of reference for the Joint Committee.

tŪtohunga / Recommendation

That the Committee recommend to Council the adoption of the revised Terms of Reference for the Joint Climate Change Committee.

1) TĀhuhu kŌrero / Background

In 2018 a collective of council officers from all four councils in Northland commenced a series of regular meetings on how to take a collective, regional approach to climate change adaptation. This work culminated in the approval by the Chief Executives Forum to establish a climate change working group with the purpose of developing a regional collaborative approach to climate change adaptation planning for local government in Northland.

In early 2020 members from the working group proposed the establishment of a joint committee of council, as provided for under Clause 30(1)(b) of Schedule 7 of the Local Government Act 2002. Included in this proposal was a committee structure that included one elected member from each of the four Councils and one iwi/hapū representative appointed by each Council.

Each Council in turn approved the establishment of a Joint Climate Change Adaptation Committee (The Joint Committee) with the Far North District Council resolving to appoint the Joint Committee on 10 December 2020. This resolution included a request from his worship the Mayor and Cr Clendon to invite Te Kahu o Taonui to nominate two people with skills, attributes, or knowledge that will assist the work of the Joint Climate Change Adaptation Committee to be the Far North District Council iwi/hapū member and alternative iwi/hapū member of the Committee.

Te Kahu o Taonui nominated the following, as confirmed by the Far North District Council Team Leader - Maori Relationships on 28 March 2021, as the Far North District Council’s nominated representative on the Joint Committee;

• Antony Thompson – Ngāti Whātua

A report seeking endorsement for each Council to adopt a Terms of Reference was put to the newly established Joint Committee on 21 April 2021. The Terms of Reference submitted included a clause on the remuneration for iwi/hapū representatives to the Committee.

The Joint Committee requested that each Council review their respective policies with the goal of achieving consistency in the remuneration of iw/hapū representatives on the Committee.

The following changes and decisions were made to each individual Council’s policies on the remuneration of appointed committee members;

· Northland Regional Council increased the total remuneration amount per meeting in their Appointed Members Policy

· The Far North and Kaipara District Councils aligned their polices with that of the NRC to payments of $240.00 per meeting for each committee member. Far North District Council adopted its Appointed Member’s policy on 23 September 2021 with these amendments

· The Whangarei District Council made a commitment to review their policy in its entirety after the 2022 elections. Their remuneration rate is currently set $280.00 per meeting.

The draft Terms of Reference was updated to reflect the work done by each Council to align their respective policies with the following;

Respective iwi / hapū representatives will be remunerated and reimbursed by the nominating council in accordance with either the non-elected members remuneration policy of that council or alternatively the Northland Regional Council Non-Elected Members Allowances Policy.

The Joint Committee at its 7 March 2020 meeting recommended that each member Council adopt the revised Terms of Reference found in Attachment One.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Option One: The Far North District does not approve the amended Terms of Reference for the Joint Climate Change Adaptation Committee

Advantages:

· None

Disadvantages:

· The Far North District Council elected members and nominated iwi/hapū representatives are participating in a governing body under a different Terms of Reference than their counterparts as appointed and nominated by the other Councils that make up the Joint Committee.

Option Two (recommended option): The Far North District Council approves the amended Terms of Reference for the Joint Climate Change Adaptation Committee

Advantages:

· The Far North District Council elected members and appointed iwi/hapū representatives are participating in a governing body under the same Terms of Reference as their counterparts appointed and nominated by the other Councils that make up the Joint Committee.

Disadvantages:

· None

Take Tūtohunga / Reason for the recommendation

Staff recommend Option Two for the following reason:

· The Far North District Council members on the Joint Committee (elected members and appointed members) are operating under the same Terms of Reference as their counterparts from the other member Councils on the Joint Committee

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

The remuneration of the appointed member to the Joint Committee comes from the climate change cost centre.

Āpitihanga / Attachments

1. Joint Climate Change Adatation Committee Terms of Reference - A3853850 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	The proposed recommendation in this report 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.	The Appointed Members Allowances Policy.
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.	The proposed recommendation in this report has 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.	Joint Climate Change Adaptation Committee is formed under the Local Government Act 2002 (Clause 30(1)(b) of Schedule 7) as stated in the Terms of Reference. Section 4 (Treaty of Waitangi) of the Local Government Act states “In order to recognise and respect the Crown’s responsibility to take appropriate account of the principles of the Treaty of Waitangi and to maintain and improve opportunities for Māori to contribute to local government decision-making processes, Parts 2 and 6 provide principles and requirements for local authorities that are intended to facilitate participation by Māori in local authority decision-making processes. This binds and holds the Joint Committee to account under the Local Government Act 2002
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).	Elected Members Members of Te Kahu o Taonui.
State the financial implications and where budgetary provisions have been made to support this decision.	Remuneration of the appointed member comes from the climate change cost centre.
Chief Financial Officer review.	This report has been reviewed by the Chief Financial Officer.

Strategy and Policy Committee Meeting Agenda

6 September 2022

5.2 Naming Policy - Recommendations for making a new policy

File Number: A3814212

Author: Kirsten Griffiths, Strategic Planner

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

Take Pūrongo / Purpose of the Report

To recommend that the Council make a new Naming Policy.

WhakarĀpopoto matua / Executive Summary

· On 4 November 2021 the governing body approved the development of a new policy to guide the naming of roads, open spaces, and Council facilities.

· Workshops and discussions with Community Boards were undertaken between November 2021 and May 2022.

· Targeted engagement was undertaken on the draft Naming Policy with iwi/hapū representatives via Te Kahu o Taonui, Community Boards, members of the development community, and Northland Transportation Alliance staff, in July and August 2022.

· Attachment 1 is the proposed final Naming Policy for adoption.

· Attachment 2 is the proposed associated procedures for the implementation of the policy, included as explanatory information.

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommends that Council:

a) make the Naming Policy as per Attachment 1

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

1) TĀhuhu kŌrero / Background

Elected members and other interested parties have expressed a desire to improve the road naming process, and to promote and support the use of appropriate names in te reo Māori in the Far North District. The review of the Road Naming and Property Numbering Policy 2014 identified problems with the road naming process, particularly with regard to consultation with mana whenua. Further research identified an opportunity to develop a consistent naming policy for Council-controlled community infrastructure such as roads (both public and private), open spaces (reserves, parks, walkways), and Council facilities (community halls, civic spaces, recreation facilities).

On 19 October 2021 the Strategy and Policy Committee agreed a recommendation to Council to develop a new Naming Policy for roads, open spaces, and Council facilities (Resolution 2021/38 refers). The governing body approved this recommendation on 4 November 2022 (Resolution 2021/58 refers).

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Relevant legislation

Under the Local Government Act 1974, part 21, 319(j), councils have power to name and to alter the name of roads. Under the Reserves Act 1977, section 16 (10), territorial authorities have the power to name reserves.

Under Section 10 of the Local Government Act 2002 the purpose of local government is “to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future.” Ensuring that the names we give to community infrastructure reflect our people and their stories, and promoting the use of te reo Māori, will contribute to cultural wellbeing in the Far North district.

Te Ture mō Te Reo Māori 2016 / The Māori Language Act 2016 recognises te reo Māori as a taonga and an official language of Aotearoa New Zealand. Promoting and revitalising te reo Māori is part of the wider partnership between the Crown and tangata whenua.

Overview of the proposed new Naming Policy

The Council is responsible for naming public infrastructure such as roads, parks and reserves, and council-owned community facilities. The current policies about naming roads and reserves include some requirements for consultation with Māori, but in practice this has not always worked as well as it should. The Council wants to improve the process of consultation with mana whenua on names and promote and support the use of te reo Māori.

Key points:

· The responsibility for determining appropriate names for roads, public open spaces, and council facilities remains with the Council (as delegated to Community Boards).

· The Council will establish and administer a Naming Komiti in each ward, which will support the selection of te reo Māori names.

· Iwi/Hapū will have first opportunity to name any Council-controlled open spaces (reserves, parks, and walkways vested in the Council) and Council facilities (civic spaces, community halls, recreation facilities).

· Where a road (public or private) is identified in the District Plan as being at a site of cultural significance to Māori, iwi/hapū will have first opportunity to name that road.

· In other cases, if they wish to, applicants may make a request to the Naming Komiti either to request gifting of a Māori name, or to seek approval of a suggested Māori name for the road.

· Addressing standards for road naming and numbering must conform with The Australian/ New Zealand Standard Rural and Urban Addressing (AS/NZS4819:2011).

· The new policy will be accompanied by guidance that will clearly lay out the process, and criteria for choosing appropriate names.

Previous Policies to be replaced

The new Naming Policy will replace the Road Naming and Property Numbering Policy 2014. It may be noted that the new Parks and Reserves Policy 2022 does not include guidance for naming (unlike the previous Reserves Policy 2017), because the Council had already decided to include parks and reserves in the proposed new general Naming Policy.

The Art and Memorials in Public Places Policy 2017 also includes reference to naming roads, buildings, structures, and open spaces after people. This policy may be used in conjunction with the new Naming Policy (as it was with the Road Naming and Property Numbering Policy 2014 and Reserves Policy 2017), and so it will remain in place.

Significance and Engagement

The proposed new Naming Policy does not alter the Council’s powers to name infrastructure; the Council already has the power to name roads, Council-controlled parks and reserves, and Council-controlled facilities. In addition, the current and former policies for naming roads and reserves already require a consultation process with mana whenua on Māori names. This process has not been working well for road naming, and therefore there has been a need to redesign it.

The proposed new Naming Policy does not greatly alter the policy settings for naming public infrastructure, but rather is primarily aimed at improving the process and providing better support for te reo Māori names. It does not impose any significant additional costs on ratepayers and is not likely to change levels of service. It does not meet the threshold for a formal consultation process according to the Council’s Significance and Engagement Policy.

In addition, the issue of naming and renaming public infrastructure in te reo Māori has proven contentious in other territorial authorities, to a degree which far outweighs the low to moderate level of actual change that is being proposed.

Therefore, the recommended approach has been targeted engagement with interested parties and seeking their experience and feedback as the draft Naming Policy is refined.

Targeted engagement was undertaken on the draft Naming Policy with iwi/hapū representatives through Te Kahu o Taonui via email, Community Boards via discussions and email, members of the development community via meeting presentation, and Northland Transportation Alliance staff via discussion, in July and August 2022. Feedback on the aims of the policy and the proposed establishment of a Naming Komiti in each ward was generally positive. Some expressed concerns about adding additional time and bureaucracy to the process. This will be addressed through improved guidance and information for applicants, to be further developed as part of the policy implementation. Several suggested minor amendments and improvements have also been incorporated in the proposed policy and associated material.

Implications for Māori

A naming policy offers opportunities to enhance cultural wellbeing in our district. Names connect people to the unique identity, stories, culture, and environment of the places to which they belong. Supporting the choice of te reo Māori names for roads, public open spaces, and council facilities is part of reflecting the unique character of our district, where around 50% of our people are Māori and around 16% of our population speaks te reo Māori (compared with 4% national average).

Dissatisfaction with the consultation process of the current Road Naming and Property Numbering Policy 2014 has been expressed by iwi/hapū representatives. A core purpose of developing the new policy is to redesign this consultation process and to improve relationships between the Council and mana whenua.

Therefore, the new Naming Policy will have positive implications for Māori in the Far North district.

Take Tūtohunga / Reason for the recommendation

Adoption of the proposed new Naming Policy will:

· provide consistent and streamlined policy guidance for naming community infrastructure (roads, open spaces, and Council facilities);

· support the use of te reo Māori names in the Far North district;

· improve the consultation process with Māori for road naming;

· offer opportunities to build better relationships between the Council and mana whenua;

· improve guidance and support for developers and property owners; and,

· ensure a best practice approach.

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

The costs to implement the new policy will come from existing operational budgets.

Āpitihanga / Attachments

1. Naming Policy FINAL - A3851580 ⇩

2. Procedures for applying the Naming Policy FINAL - A3851582 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	The proposal has a low to medium significance, as determined by the Significance and Engagement Policy. The recommended approach was targeted engagement with interested parties.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Local Government Act 1974, part 21, 319(j). Reserves Act 1977, section 16 (10). Local Government Act 2002, section 10. Te Ture mō Te Reo Māori 2016 / The Māori Language Act 2016
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.	As approving names is part of the delegations to Community Boards, the views of all three Community Boards have been sought and considered, both during policy development and targeted engagement seeking feedback on the draft policy.
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.	The new Naming Policy will have positive implications for Māori in the Far North district, through promoting and supporting the use of te reo Māori, improving the consultation process with mana whenua, and enhancing cultural wellbeing.
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).	Targeted engagement was undertaken on the draft Naming Policy with iwi/hapū representatives via Te Kahu o Taonui, members of the professional development community, and Northland Transportation Alliance staff, in July and August 2022
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications to this decision.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Strategy and Policy Committee Meeting Agenda

6 September 2022

5.3 Amended Parking Bylaw - Approval of Draft for Public Consultation

File Number: A3831574

Author: Dan Bowmar, Policy Advisor

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

Take Pūrongo / Purpose of the Report

To seek approval of draft of amended Parking Bylaw 2022 for public consultation.

WhakarĀpopoto matua / Executive Summary

· On 10 February 2022, the Far North District Council received an Instrument of Delegation from the New Zealand Transport Agency authorizing the Council to control parking on the scheduled portions of State Highways in the district.

· On 07 April 2022, Council determined that the Parking Bylaw, to be made under section 22AB of the Land Transport Act 1998, be amended to include the regulation of parking and stationary vehicle offences on State Highways as per the delegation given by Waka Kotahi.

· On the 19 May 2022 the Parking Bylaw was made under Section 22AB of the Land Transport Act 1998.

· The Waka Kotahi delegation agreement requires Council to consult when amending a bylaw to include the delegations.

· A statement of proposal for an amended Parking Bylaw 2022 including a draft of the amended bylaw, is in Attachment 1.

· The recommended consultation period is between 19 October and 16 November 2022. The dates of oral submissions will be heard dependent upon the incoming Council structure.

· The Strategy and Policy Committee has the necessary delegations to conduct the hearing of submissions.

tŪtohunga / Recommendation

That the Strategy and Policy Committee:

a) approves the proposal for an amended Parking Bylaw in Attachment 1 to be released for public consultation to meet the requirements of section 22AD of the Land Transport Act 1998 and section 156 of the Local Government Act 2002.

b) approves the period for making written submissions on the statement of proposal in Attachment 1 between 12 October to 16 November 2022.

c) approves the Strategy and Policy Committee to hear any oral submissions and agrees to delegate, to the Chair, the power to arrange and change the date of the oral presentations of submissions.

d) directs Council staff to make all necessary logistical arrangements for oral submissions to be heard in person in the council Chambers or online via Microsoft Teams. The dates of oral submissions will be dependent upon the incoming Council structure.

e) authorises the Chief Executive to make minor changes to the proposal for an amended Parking Bylaw to correct grammatical or spelling errors, or formatting

1) TĀhuhu kŌrero / Background

A Parking Bylaw was made by Council, on 19 May 2022, under section 22AB of the Land Transport Act 1998.

The purpose of this bylaw is to restrict or prohibit parking on roads and prescribe conditions for the use of parking places by:

(a) limiting the period that vehicles may park on any part of the road:

(b) limiting the parking of vehicles on some roads to vehicles of a specified class or description,

(c) regulating any parking-related matters including (but not limited to) charges for the use of parking places, enhancing, or promoting road safety and providing protection for the environment.

Waka Kotahi has delegated the power of control of parking and stationary vehicle offences along four sections of highway to the Far North District Council. To enable the delegations, Council must make a bylaw.

The four sections of highway are

Description	Road Positions	Approximate locations of delegation extent
Kawakawa	SH01N,198,12535 to SH011,0,1133	Whitemans Road to Rayner Street
Paihia	SH011,14,2892 to SH011,14,1254	Public toilets opposite Al Fresco’s to Puketona Road
Kaitaia	SH01N,104,5250 to SH01N,104,8343	Te Ahu to North Park Drive
Kaikohe	Between SH012,10,1062 and SH012,09,276 and SH015,9,1293	Quarry Road to Orrs Road, and Junction of SH12 and 15 to Cumber Road

On 19 May 2022, the Council determined that amending the Parking Bylaw 2022 is the most appropriate way of controlling parking on the scheduled portions of State Highways in Kaitaia, Paihia, Kaikohe and Kawakawa, as required by the delegations received from Waka Kotahi.

In addition, staff identified several areas that would benefit from mobility parking in the Far North District and proposes to increase mobility parking spaces. The amended schedule of mobility parking is also included in this proposal.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Form and content of amended bylaw

A draft of the amended bylaw is in the statement of proposal document (Attachment 1).

The bylaw has been drafted under Section 22AB of the Land Transport Act 1998.

The form of a bylaw is about its content and how it is drafted. A bylaw will be appropriate if it:

· deals with the identified problems

· meets the objectives it is intended to achieve

· is certain, e.g. it uses clear wording so people will understand what they are required to do

· is enforceable and able to be implemented and administered effectively and efficiently

· considers the relationship of Māori to land, water, sites, wāhi tapu, valued flora and fauna and other taonga

· complies with all relevant laws and legislation.

The costs and benefits of a bylaw also need to be considered and the form of a bylaw will be appropriate if the benefits outweigh the costs.

Proposed amendments to the Bylaw

To incorporate the state highways into the Parking Bylaw the following application clause needs to be inserted:

“This bylaw applies to all roads that are under the care, control, or management of the Far North District Council. This includes State Highways and sections of State Highways where Waka Kotahi have delegated their power of control to the Far North District Council.”

Proposed amendments to the Schedules

The following amendments to the schedules are proposed:

· Including the state highways (and parts of state highways) into the relevant schedules that outline what restriction applies to those state highways/sections of state highways.

· Including a new schedule in the bylaw that outlines what parts of state highways have been delegated to Far North District Council.

· Including new mobility parks into Schedule 2 – Roads, or parts of roads, where parking is restricted to certain types of vehicles, Part B – Vehicles with approved disabled person’s parking permit only.

New Zealand Bill of Rights Act 1990 preliminary assessment

Under section 155(3) of the Local Government Act 2002, the content of the new bylaw must be consistent with the New Zealand Bill of Rights Act 1990. Council staff have identified two rights that may be impacted by the new bylaw:

· Right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993 (section 19 of the New Zealand Bill of Rights Act 1990) – the provisions for disabled parking may impact on this right

· Right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence (section 21 of the New Zealand Bill of Rights Act 1990) – the provisions for vehicles to be removed from the road may impact on this right

A full assessment of the impact of the bylaw on these rights cannot be done until the content of the bylaw is finalised. However, based on the content of the draft bylaw, Council staff consider any impact is justified as follows:

· section 19 right – the draft bylaw provisions for specified parking spaces to be used only by people with disabilities are permitted under section 19(2) of the New Zealand Bill of Rights Act 1990 as “measures taken in good faith for the purpose of assisting or advancing persons or groups of persons disadvantaged”

· section 21 right – the draft bylaw does not contain any new powers for search or seizure, the applicable powers (that are cross-referenced in the draft bylaw) already exist in statutes

· section 21 rights – the bylaw does not contain any new powers for search or seizure, the applicable powers (that are cross-referenced in the bylaw) are in statutes.

Proposal for consultation

The Instrument of delegation states the Council must:

· consult with the Transport Agency and the Commissioner of Police prior to making, amending, replacing, or revoking a bylaw of the kind enabled by this delegation.

· give public notice of the making of (or any amendment to, revocation of, or replacement of) a bylaw of the kind enabled by this delegation by publication in the Gazette.

· notify the Transport Agency within 3 days after a bylaw of the kind enabled by this delegation is made, or amended, revoked, or replaced and at the same time provide a copy of the bylaw, the amendment, or the replacement.

Section 83 of the Local Government Act 2002 sets out the requirements for information to be made available for consultation. Those requirements are to provide:

· the statement of proposal and the reasons for the proposal

· an analysis of the reasonably practicable options

· a draft of the proposed bylaw

Council staff have prepared a proposal document that meets the requirements of section 83. The statement of proposal document is in Attachment 1.

Consultation process

Section 83 of the Local Government Act 2002 stipulates a minimum length of one month for consultation. Therefore, Council staff recommend consultation to open between Wednesday 12 October and Wednesday 16 November 2022.

Council staff recommend people be encouraged to present their views primarily by making comments or submissions via the Council’s website. A submission form will be provided for download on the website for people to print and use to make written submissions either by post or delivery to Council offices. A small number of printed copies of the proposal document and submission form will be made available at Council offices for people to use if they are not able to print the documents themselves. A link to the webpage for making submissions will be emailed to the Council’s “subscribers” database and publicised on the Council’s social media pages.

The proposed amended bylaw is likely to be of some interest to the public and Council staff expect some people will want to present their submissions orally to elected members. The Committee has delegated authority to hear submissions made during consultation on a bylaw. As the current local government triennium is coming to an end, it is not possible to set a date for the oral submission now. Staff therefore recommend the Committee delegate, to the Chair, the power to arrange and change the date of the oral presentations of submissions. The date to hear oral submissions can then align with the new triennium meeting calendar.

Take Tūtohunga / Reason for the recommendation

On 07 April 2022, Council determined that the Parking Bylaw be amended to include the regulation of parking and stationary vehicle offences on State Highways as per the delegation given by Waka Kotahi.

The Local Government Act 2002 requires that Council consult when amending a bylaw.

A statement of proposal for an amended Parking Bylaw, including a draft of the amended bylaw, is in Attachment 1.

The recommended consultation period is for four weeks from 12 October and 16 November and the dates of oral submissions will be heard dependent on incoming council structure.

The Strategy and Policy Committee has the necessary delegations to conduct the hearing of submissions.

Next steps

If the Committee approves the recommendation, staff aim to present an analysis of submissions and a proposed final version of the amended Bylaw to the Strategy and Policy Committee first quarter 2023.

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

The cost of consultation to amend the Parking Bylaw will be met from within existing budgets.

Āpitihanga / Attachments

1. Statement of Proposal Parking Bylaw Amendment August 2022 - A3834965 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	In line with the Significance and Engagement Policy the recommendation to continue the bylaw with amendment will have little effect on financial thresholds, ratepayers, specific demographics or levels of service. The recommendation is consistent with existing plans and policies and we already consulted on the original bylaw. Therefore, the level of significance is low.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Section 22AB of the Land Transport Act 1998, Section 61(1) of the Government Roading Powers Act 1989, Section 22AB(1)(m) to (o) (inclusive) of the Land Transport Act 1998, and Section 156 of the Local Government Act applies to the decision recommended in this 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.	Parking has District wide relevance. The Community Board’s views have already been sought via a Community Board Workshop in June.
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.	Seeking the views and input of iwi in the development of bylaws is integral. Māori will be given an opportunity to contribute during the consultation stage of the bylaw development process.
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).	Persons with disabilities and the elderly are most likely to be affected by mobility parking which improves their accessibility to businesses and services. The increase in mobility parking will greatly impact on these groups. Affected and interested parties will be given an opportunity to share their views and preferences during the consultation phase including; · Community Boards · The Disability Advisory Group
State the financial implications and where budgetary provisions have been made to support this decision.	The costs of the consultation on the proposal to amend the Parking Bylaw will be met from within existing budgets.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Strategy and Policy Committee Meeting Agenda

6 September 2022

5.4 Maritime Facilities Bylaw - Approval of Draft for Public Consultation

File Number: A3834950

Author: Dan Bowmar, Policy Advisor

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

Take Pūrongo / Purpose of the Report

To obtain approval for the new proposed Maritime Facilities Bylaw to be released for public consultation.

WhakarĀpopoto matua / Executive Summary

· On 07 April 2022, following review of Maritime Facilities Bylaw 2002 and Mooring Charges Bylaw 2002, the Council approved the development of a new Maritime Facilities Bylaw, under section 145 and 146 of the Local Government Act 2002.

· The Local Government Act 2002 requires that Council consult when making a bylaw.

· A proposal for a new Maritime Facilities Bylaw 2022 including a draft of the bylaw, is in Attachment 1.

· The recommended consultation period is between 12 October and 16 November 2022. The dates of oral submissions will be heard dependent upon the incoming Council structure.

· The Strategy and Policy Committee has the necessary delegations to conduct the hearing of submissions.

tŪtohunga / Recommendation

That the Strategy and Policy Committee:

a) approves the proposal for a new Maritime Facilities Bylaw in Attachment 1 to be released for public consultation to meet the requirements of section 156 of the Local Government Act 2002.

b) approves the period for making written submissions on the proposal in Attachment 1 between 12 October to 16 November 2022.

c) approves to hear any oral submissions and agrees to delegate, to the Chair, the power to arrange and change the date of the oral presentations of submissions.

d) directs Council staff to make all necessary logistical arrangements for people to be heard in person in the council Chambers or online via Microsoft Teams. The dates of oral submissions will be dependent upon the incoming Council structure.

e) authorises the Chief Executive to make minor changes to the proposal for a new Parking Bylaw to correct grammatical or spelling errors, or formatting.

1) TĀhuhu kŌrero / Background

The Maritime Facilities Bylaw and the Mooring Charges Bylaw were made in Council on 2 August 2002.

Council Staff engaged Alan and Clarke to undertake a review of the two bylaws. As a result of the review, Council on 7 April 2022 determined to develop a new Maritime Facilities Bylaw pursuant to section 145 and 146 of the Local Government Act 2002.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Form and content of new bylaw

A draft of the proposed new bylaw is in the statement of proposal document (Attachment 1).

The bylaw has been drafted under section 145 and 146 of the Local Government Act 2002.

The form of a bylaw is about its content and how it is drafted. A bylaw will be appropriate if it:

· deals with the identified problems

· meets the objectives it is intended to achieve

· is certain, e.g. it uses clear wording so people will understand what they are required to do

· is enforceable and able to be implemented and administered effectively and efficiently

· considers the relationship of Māori to land, water, sites, wāhi tapu, valued flora and fauna and other taonga

· complies with all relevant laws and legislation.

The costs and benefits of a bylaw also need to be considered and the form of a bylaw will be appropriate if the benefits outweigh the costs.

Key points of the new Bylaw

The proposed new Maritime Facilities Bylaw:

· keeps the general intent of the previous maritime related bylaws in that it provides for protection from damage to the facilities and allows for Council to collect fees and charges.

· enables Council to restrict specified maritime facilities to recreational use protecting council’s assets from damage by ensuring the maritime facility is suitable for its intended purpose based on their design, construction, and maintenance standard.

· enables users of maritime facilities to use the facilities safely, free from nuisance and offensive behaviour.

The Bylaw has been drafted according to best practice standard.

New Zealand Bill of Rights Act 1990 preliminary assessment

Part 2 of the New Zealand Bill of Rights Act 1990 sets out twenty rights that are affirmed and protected, that may only be subject to reasonable limits that can be demonstrably justified in a free and democratic society. Section 155(2)(b) of the Local Government Act 2002 requires the Council to determine if the proposed bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990. The Council will fully assess these implications before it makes the Maritime Facilities Bylaw.

A preliminary assessment has identified that Section 18: Freedom of Movement, may be impacted by the new bylaw in that the Council may limit access to maritime facilities according to commercial or recreational use and to ensure health and safety.

The purpose of the bylaw is to impose reasonable limitations on behaviour and access to maritime facilities to enhance the safety of the community and minimise the incidence of public disturbance. The provisions in the Proposed Maritime Facilities Bylaw are justified because they only limit the rights of individuals to the extent it is reasonable to do so, for other people’s rights and freedoms to be maintained.

Therefore, any limitations on the right to freedom of movement are likely to be justified in accordance with the New Zealand Bill of Rights Act 1990.

A full assessment of the impact of the bylaw on these rights cannot be done until the content of the bylaw is finalised.

Proposal for consultation

The new Maritime Facilities Bylaw will be made under section 145 and 146 of the Local Government Act 2002. Under section 156 of the Local Government Act 2002 Council must consult using either the special consultative procedure or the requirements in section 82 of the Local Government Act.

Under the Council’s Significance and Engagement Policy, the new bylaw does not meet the threshold for requiring the special consultative procedure as the new bylaw:

· does not involve the transfer of a strategic asset

· will not incur unbudgeted financial impacts

· will not have a significant impact on Māori, the public, or level of service as the new bylaw will have the same effect as the current bylaw.

Therefore, consultation needs to comply with section 82 of the Local Government Act 2002.

Section 82A of the Local Government Act 2002 sets out the requirements for information to be made available for consultation. Those requirements are to provide:

· the proposal and the reasons for the proposal

· an analysis of the reasonably practicable options, including the proposal

· a draft of the proposed bylaw

Council staff have prepared a proposal document that meets the requirements of section 82A. The proposal document is in Attachment 1.

Consultation process

Section 82 of the Local Government Act 2002 does not stipulate a minimum length of time for consultation but requires the Council, to give people “a reasonable opportunity” to present their views on the proposed bylaw. A consultation period of at least four weeks is considered best practice. Therefore, Council staff recommend consultation to open on 12 October 2022 and close on 16 November 2022 which is a period of five weeks.

The proposed new bylaw is likely to be of interest to the public and Council staff expect that there will be the request to present their submissions orally to elected members. The Committee has delegated authority to hear submissions made during consultation on a bylaw. As the current local government triennium is coming to an end, it is not possible to set a date for the oral submissions now.

Staff therefore recommend the Committee delegate, to the Chair, the power to arrange and change the date of the oral presentations of submissions. The date to hear oral submissions can then align with the new triennium meeting calendar.

Take Tūtohunga / Reason for the recommendation

The Local Government Act 2002 requires that Council consult when making a bylaw. A proposal for a new Maritime Facilities Bylaw, including a draft of the Bylaw, is in Attachment 1. The recommended consultation period is for four weeks from 12 October and 16 November and the dates of oral submissions will be heard dependent on incoming council structure. The Strategy and Policy Committee has the necessary delegations to conduct the hearing of submissions.

Next steps

If the Committee approves the recommendation, staff aim to present an analysis of submissions and a proposed final version of the Bylaw to the Strategy and Policy Committee first quarter 2023.

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

The cost of consultation to make the bylaw will be met from within existing budgets.

Āpitihanga / Attachments

1. Proposal Maritime Facilities Bylaw 2022 - A3846822 ⇩

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, during 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, consider 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	In line with the Significance and Engagement Policy the recommendation to continue the bylaw with amendment will have little effect on financial thresholds, ratepayers, specific demographics or levels of service. The recommendation is consistent with existing plans and policies. Therefore, the level of significance is low.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Sections 82, 145, 146, and 156 of the Local Government Act 2002 apply to the decision recommended in this 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.	Maritime facilities have District wide relevance. It is not within the delegations of the Community Boards. As the recommendation is to develop a district wide bylaw, the 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.	Seeking the views and input of iwi in the development of bylaws is integral. Māori will be given an opportunity to contribute during the consultation stage of the bylaw development process.
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).	Affected and interested parties will be given an opportunity to share their views and preferences during the consultation phase. This includes: · Users of Maritime Facilities · Neighbouring Property Owners · Community groups concerned with Maritime Facilities · Far North Holdings · Northland Regional Council
State the financial implications and where budgetary provisions have been made to support this decision.	The costs of the consultation on the proposal to amend the Maritime Facilities Bylaw will be met from within existing budgets.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Strategy and Policy Committee Meeting Agenda

6 September 2022

5.5 Pou Herenga Tai Twin Coast Cycle Trail Bylaw - Recommendations for making amendments

File Number: A3835468

Author: Briar Macken, Team Leader - Policy

Authoriser: Roger Ackers, Manager - Strategy Development

Take Pūrongo / Purpose of the Report

To approve the adoption of the amended Pou Herenga Tai – Twin Coast Cycle Trail Bylaw.

WhakarĀpopoto matua / Executive Summary

· On 12 August 2021, Council determined to make amendments to the Pou Herenga Tai – Twin Coast Cycle Trail Bylaw (Bylaw).

· On 14 June 2022, the Strategy and Policy Committee approved a proposal for an amended Bylaw to be released for public consultation.

· Consultation took place from 20 June to 20 July 2022 and oral submissions were heard on 26 July 2022.

· Council staff have analysed the submissions and recommend changes to the draft amended Bylaw in response to these submissions (attachment 1).

· Attachment 2 is the proposed final amended bylaw for adoption.

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommend that Council:

a) 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) 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.

1) TĀhuhu kŌrero / Background

On the 08 September 2016, the Pou Herenga Tai – Twin Coast Cycle Trail Bylaw (Bylaw) was made under section 145 of the Local Government Act 2002.

On 12 August 2021, the Bylaw was reviewed under section 158 of the Local Government Act 2002 and Council determined that the Bylaw should continue with amendment.

On 14 June 2022, the Strategy and Policy Committee approved a proposal for an amended Bylaw to be released for public consultation.

The period during which people could make submissions on the proposal was 20 June to 20 July 2022. Twenty-one submissions were received.

One submitter asked to make an oral submission and was heard by the Strategy and Policy Committee on 26 July 2022.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The report in Attachment 1 summarises the public submissions and makes recommended changes to the draft amended bylaw in response to these submissions. If these recommendations are agreed to, Council staff advise that the amended Pou Herenga Tai – Twin Coast Cycle Trail Bylaw in Attachment 2 is an appropriate form of bylaw for the purposes of section 155(2)(a) of the Local Government Act 2002.

Compliance with the New Zealand Bill of Rights Act 1990

As required by section 155(2)(b) of the Local Government Act 2002, before a local authority makes a bylaw, it must determine whether the proposed bylaw has any implications under the New Zealand Bill of Rights Act 1990.

An assessment under the Bill of Rights Act 1990 has identified the Bylaw may potentially have implications on Section 14: Freedom of Expression in that the bylaw prohibits anyone from advertising or applying graffiti to any part of the Trail. These restrictions are in place to prevent damage to the Trail and protect the community’s interest in maintaining an open space. These restrictions are also to protect the health and safety of users from distracting advertising or graffiti. Overall, these restrictions have a minimal impact on the right of freedom of expression and are proportionate to the negative effects the restrictions are attempting to mitigate.

The Bylaw may also potentially have implications on Section 18: Freedom of Movement in that the Bylaw prohibits anyone to drive a motor vehicle on the Trail. These restrictions are in place to protect cyclists and pedestrians from harm as the trail is specifically designed for pedestrians and cyclists rather than vehicles. The bylaw’s provisions are justified because they only limit the rights of individuals to the extent it is reasonable to do so to in order to protect the health and safety of other individuals.

The Bylaw may also potentially have implications on Section 21: Security Against Unreasonable Search or Seizure, whether of the person, property, or correspondence. However, the bylaw does not contain any new powers for search or seizure, the applicable powers (that are cross-referenced in the bylaw) are provided by statute. As such the bylaw does not raise any implications under section 21 of the Bill of Rights Act 1990.

Any limitations on the rights mentioned are likely to be reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. This is because the restrictions imposed are minimal, they provide benefits and protect the rights of the wider community and are proportional to the aims they are seeking to achieve. It is therefore assessed that the restrictions are justified in accordance with the New Zealand Bill of Rights Act 1990 and as such the bylaw is not currently considered to raise any Bill of Rights Act implications.

Amendments to the Bylaw

The review identified that some provisions in the current Bylaw are not certain or consistent with relevant laws and legislation.

Council staff have addressed the appropriateness of the form and content of the Bylaw by:

· drafting the bylaw under both the Freedom Camping Act 2011 and Local Government Act 2002

· improving the clarity and certainty of the bylaw in particular the definition of the Cycle Trail and providing clear maps of the Cycle Trail in Schedule 1

· removing provisions that duplicate legislation or existing policy instruments

· removing reference to revoked bylaws

· ensuring consistency across Council’s bylaws

· removing provisions which may be considered ultra vires

· ensuring best practice drafting standards have been followed (as advocated by Parliamentary Counsel Office)

· using plain English

Take Tūtohunga / Reason for the recommendation

The amended Pou Herenga Tai Twin Coast Cycle Trail Bylaw in attachment 2 can be made, under section 145 of the Local Government Act 2002 and section 11 of the Freedom Camping Act 2011 because, following the changes recommended in the report in attachment 1, it:

a) is an appropriate form of bylaw; and

b) the bylaw provisions will be reasonable limits on the rights in the New Zealand Bill of Rights Act 1990.

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

The costs to implement the amendments to the bylaw will come from existing operational budgets.

Āpitihanga / Attachments

1. Analysis of Submissions - Pou Herenga Tai - Twin Coast Cycle Trail - A3848153 ⇩

2. Final - Pou Herenga Tai - Twin Coast Cycle Trail Bylaw - A3848173 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	In line with the Significance and Engagement Policy the recommendation to continue the bylaw will have little effect on financial thresholds, ratepayers, specific demographics, or levels of service. The recommendation is consistent with existing plans and policies. Therefore, the level of significance is low.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The Local Government Act 2002, sections 82, 83, 145, 155 and 160 and the Freedom Camping Act section 11 applies to the decision recommended in this 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.	The Pou Herenga Tai – Twin Coast Cycle Trail Bylaw is not within the delegations of the Community Boards. As the recommendation is to continue a district wide bylaw, the 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.	The implications for Māori from the regulation of the Pou Herenga Tai – Twin Coast Cycle Trail are similar to the impacts on communities generally. The amended bylaw will have the same effect as the current bylaw. Māori had an opportunity to contribute during the consultation process.
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).	Affected and interested parties were given an opportunity to share their views and preferences during the consultation phase including: · Pou Herenga Tai – Twin Coast Cycle Trail Trust · Northern Transport Alliance · Neighbouring property owners · Community groups concerned about the Cycle Trail in their community
State the financial implications and where budgetary provisions have been made to support this decision.	The costs to implement the amendments to the bylaw will come from existing operational budgets.
Chief Financial Officer review.	The report has been reviewed by the CFO

Strategy and Policy Committee Meeting Agenda

6 September 2022

5.6 Open Spaces Strategy - Options Analysis

File Number: A3836700

Author: Briar Macken, Team Leader - Policy

Authoriser: Angie Thomas, Acting Chief Financial Officer

Take Pūrongo / Purpose of the Report

To seek approval to develop an Open Spaces Strategy.

WhakarĀpopoto matua / Executive Summary

· An Open Spaces strategy provides strategic direction for the management of the district’s open spaces.

· Funding to support the development of an Open Spaces’ Strategy was allocated in the 2021-2031 Long Term Plan.

· Staff engaged Munday Consulting to undertake a research report (attachment 1) describing key issues and opportunities in developing an open spaces strategy.

· An Open Spaces Strategy will be beneficial for the delivery of fit for purpose open spaces and will contribute to, support, and enhance other existing strategies, plans or policies of Council.

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommend to Council to develop an Open Spaces Strategy.

1) TĀhuhu kŌrero / Background

Population growth, economic, and tourism opportunities are leading to more people wanting access to open space areas. In the absence of an open space strategy, it is challenging for Far North District Council to be able to plan consistently. Therefore, decisions are made in an ad hoc manner. Leading to a risk that valuable spaces can be developed, used, or rezoned for other purposes. The development, protection, and growth, of the open space network and improvements to the quality of open space is increasingly important.

An open spaces strategy provides strategic direction for the management of the district’s open spaces ensuring that the open spaces network is well connected, fit for purpose, protected from encroachment, inappropriate use, and future proofed.

The opportunity to research and develop an open spaces strategy to support Council’s goals and objectives has received support from Elected Members and funds to support the project have been allocated in the 2021-2031 Long Term Plan.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Council staff engaged Munday Consulting to undertake a comprehensive research report describing the key issues and opportunities to be considered in the development of an open space strategy. The report from Munday Consulting is attached (attachment 1).

The report describes the different categories of open spaces and makes recommendations to include the following open spaces in the strategy development (outlined in table 3 of the attached report):

· Council controlled parks and reserves (including natural areas)

· Off-road walkways and shared paths

· Civic areas

· Cemeteries

· Beaches, rivers and lakes (including harbours)

It is anticipated that collaboration will occur with the Department of Conservation and Northland Regional Council on the development of the OSS to ensure an integrated planning approach.

An open spaces strategy should be informed by or align with Council’s existing strategies, plans or policies including but not limited to Far North 2100, District Plan, Long Term Plan 2021 - 2031(outlined in table 4 of the attached report).

The report concluded that currently the lack of an open spaces strategy means decisions regarding open spaces in the Far North District are made in an ad hoc manner that is resulting in an open spaces network that is not planned for in a holistic and integrated fashion and may not have optimal outcomes. An important consideration is that currently the open space network in the district is not adequately future-proofed and Council risks losing opportunities for valuable potential open space land.

A single strategy document for open spaces is likely not only to be beneficial for the delivery of fit for purpose open spaces, but will also contribute to, support, and enhance other strategies, plans or policies of Council.

Option one: Develop an open spaces strategy (recommended option)

An open spaces strategy is developed to ensure the open spaces network is well connected, fit for purpose, protected from encroachment, inappropriate use, and future proofed.

Advantages and disadvantages of developing an open spaces strategy

Advantages

· Support the achievement of community outcomes as identified in the Long-Term Plan 2021-2031

· Provides a strategic planning approach to support, inform, or align with key policies, plans and strategies (e.g., District Plan, Parks and Reserves Policy, Development Contributions Policy)

· Ensures the open spaces network is fit for purpose and future proofed

· Enables effective use of Council resources regarding open spaces

Disadvantages

· Potential for unfulfilled expectations of the community as the long-term nature of an open spaces’ strategy may lead to benefits not being apparent to the community in the shorter term.

Option two: Status quo / Do nothing: Do not develop an open spaces strategy

Staff do not develop an open spaces strategy and rely on existing policy instruments to inform decisions

Advantages and disadvantages of continuing with the status quo

Advantages

· None

Disadvantages

· Decisions regarding open spaces continue to be made in an ad hoc manner.

· Council risks losing opportunities for valuable potential open space land support

· Council risks resources being used ineffectively and inefficiently regarding open spaces

· Potential reputational risk as the community does not have an avenue to input into and support long term decisions regarding open spaces

Take Tūtohunga / Reason for the recommendation

An open spaces strategy will ensure the open spaces network is well connected, fit for purpose, protected from encroachment, inappropriate use, and future proofed.

Next Steps

If Council agrees with the recommendation, staff will begin development on an open spaces’ strategy. The first stage of strategy development will involve comprehensive engagement to understand how our community currently uses open spaces and their future aspirations for the Districts open spaces. An analysis of the information gathered during engagement will be shared with the Strategy and Policy Committee before drafting a strategy document.

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

The cost of developing an open spaces strategy will be met from existing operational budgets.

Āpitihanga / Attachments

1. Open Spaces Strategy - Research Report - A3848790 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	In line with the Significance and Engagement Policy the recommendation to start developing an open spaces strategy is consistent with existing plans and polices and will have little effect on financial thresholds, ratepayers, specific demographics, or levels of service. Therefore, at this stage in the development process the level of significance is low.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	An open spaces strategy will be informed by and align with Far North 2100, District Plan, Infrastructure strategy, FNDC Climate Change Roadmap, Transport Strategy, Parks and Reserves Policy, Northland Walking and Cycling Strategy, far North Spaces and Places Plan, Dog Management Policy, Development Contributions Policy and the following Long-Term Plan 2021-2031 community outcomes: · Communities that are healthy, safe, connected, and sustainable · Proud, vibrant communities · Prosperous communities supported by a sustainable economy · A wisely managed and treasured environment that recognises the special role of tāngata whenua as kaitiaki. · We embrace and celebrate our unique culture and heritage and value it as a source of enduring pride.
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.	An open spaces strategy has District wide relevance. However, it is anticipated that community boards will be integral to the development of such a strategy. Engagement will include community board input.
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.	Seeking the views and input of Māori in the development of strategies is integral. Open spaces have significant wellbeing impacts for Māori and Māori will be given an opportunity to contribute to the development of the strategy.
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).	Interested and affected parties will be given an opportunity to share their views and preferences during the engagement phase including; · Community groups · Northland Regional Council · Department of Conservation · Northern Transport Alliance
State the financial implications and where budgetary provisions have been made to support this decision.	The cost of developing an open spaces strategy will be met from existing operational budgets.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Strategy and Policy Committee Meeting Agenda

6 September 2022

5.7 Kerikeri Bay of Islands Speed Limit Review Statement of Proposal

File Number: A3845803

Author: Kirsten Griffiths, Strategic Planner

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

Take Pūrongo / Purpose of the Report

To adopt a Statement of Proposal for consultation purposes and to seek approval to consult on proposed new speed limits in the Kerikeri - Bay of Islands catchment area.

WhakarĀpopoto matua / Executive Summary

This agenda item seeks the adoption of a Statement of Proposal (SOP) for consultation purposes. The SOP proposes new speed limits in the Kerikeri Bay of Islands catchment area as part of the implementation of the governments Road to Zero National Road Safety Strategy and a new Setting of Speed Limits Rule 2022.

tŪtohunga / Recommendation

That the Strategy and Policy Committee:

a) approve the attached “Statement of Proposal – Interim Speed Management Plan for Kerikeri Bay of Islands Catchment Area” for consultation.

b) confirms that the submission period for the speed limit review will open on 28^th October and close on 5^th December, with oral submissions to be scheduled in February 2023.

c) undertakes consultation on the proposed changes to speed limits set out in the attached Statement of Proposal in accordance with the Principles of Consultation set out in Section 82 of the Local Government Act 2002.

d) delegates the Chief Executive to make any necessary minor drafting or presentation amendments to the attached Statement of Proposal and to approve the final design and layout of the documents prior to final printing and publication.

1) TĀhuhu kŌrero / Background

This section should give context for the report. What happened to lead to this report and why is this report required now? Refer to relevant previous decisions, with enough information that readers can track down reports if needed.

Keep it high level and concise.

Council, in its capacity of Road Controlling Authority is reviewing speed limits across the Far North District as part of central governments Road to Zero Road Safety Strategy. The review process is being led by the Northland Transportation Alliance and has a goal of setting safe and appropriate speed limits that will reduce fatal and serious injury crashes.

The decisions that Council are taking today enables staff to consult on proposed speed limit changes. This request for Council to approve the Statement of Proposal and submission dates enables consultation to be undertaken immediately after the local body elections. If Council do not approve the Statement of Proposal for consultation purposes, the next opportunity will be the end of February 2023. This will result in an approximate 4-month delay in the review and cause knock-on delays to the wider speed review programme.

The decisions taken today do not adopt the proposed changes until all submissions and technical information are available and final recommendations are made. The oral submissions and consideration of submissions and associated decision will be undertaken by the new Council following local body elections in mid-October.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Why is this area being reviewed?

The Kerikeri Bay of Islands area has undergone consistent and ongoing development in recent years, and it is necessary to review speed limits to ensure that they match the changing road environment. There has also been vocal community support for speed limit reductions in the catchment, particularly in the Kerikeri and Waipapa areas.

The review area has also been chosen because it includes nine roads that have been identified as High Benefit (top 10%), where a lower speed limit is expected to significantly reduce serious harm or fatal crashes. The total review area has been expanded from these core roads to include a wider catchment area that is a manageable size for the review process.

Submission Period

The Setting of Speed Limits Rule 2022 requires Council to consult in accordance with the Principles of Consultation as set out in Section 82 of the Local Government Act 2002. To achieve this requirement, the following submission period is recommended:

· Submissions Open: 28^th October 2022

· Submissions Close: 5^th December 2022

It is anticipated that oral submissions will be held in February 2023.

Public consultation

The Setting of Speed Limits Rule 2022 requires consultation to be undertaken in accordance with the principals of consultation set out in Section 82 of the Local Government Act 2002. Note: Section 3.9(5) of the Setting of Speed Limits Rule specifically states that there is no requirement to consult in accordance with Section 83 of the LGA 2002 (Special Consultative Procedures).

Consultation and communication will be coordinated with the concurrent speed limit reviews being undertaken in the Whangarei and Kaipara Districts. The principals of consultation (Section 82 LGA 2002), along with other specific consultation requirements set out in the Rule will be given effect to by:

· The Statement of Proposal, along with detailed technical review information will be made available on council’s website and at relevant service centres.

· Public notice will be placed in media with the information able to be viewed at Council service centres. This public notice will be followed up with media releases throughout the submission period.

· Key stakeholders and local stakeholders, as identified by Council and Section 22AD (3) of the Land Transport Act 1998 will be directly notified.

· Marae within the review area, along with other iwi partners will be directly notified and provided the opportunity to discuss the proposals.

· Where appropriate, community information drop-in sessions will be held.

Community feedback in decision making

The setting of speed Limits Rule 2022 identifies a range of matters that the Road Controlling Authority (Council) must consider and assess when proposing a new speed limit. This includes the wider road environment; the safe design speed of the road; adjacent land-uses; what the road is used for; and the current average speed on the road. Community feedback is one aspect that must be considered.

Options

Option 1: Approve the Statement of Proposal for consultation and associated consultation timetable. Approval of the Statement of Proposal provides staff the authority to seek community feedback on proposed speed limits in accordance with the Setting of Speed Limits Rule 2022. This will enable the ongoing speed limit review process to move forward and avoid consequential delays to the overall speed limit review programme.

Option 2: Approve the Statement of Proposal for consultation, with amendments. The proposed speed limits within the Statement of Proposal are consistent with national and regional assessment criteria. The proposals provide an evidence based starting point for community engagement and consultation. Any amendments to proposed speed limits may not appropriately address all the required assessment criteria.

Option 3: Do not approve the Statement of Proposal for consultation. If the Statement of Proposal is not approved for consultation, there will be a minimum 3-to-4-month delay in the speed limit review programme, leading to consequential delays in the wider programme. A significant delay in this speed limit review will impact on the production of the longer-term Regional Speed Management Plan.

Next steps

Following the submissions and hearings process, a detailed Recommendations Report will be produced. This Report will detail the feedback received and take into consideration all the matters that must be considered under the Setting of Speed Limits Rule. The new Council will be asked to consider this information and make decisions on the final speed limits.

Take Tūtohunga / Reason for the recommendation

The Statement of Proposal is the result of significant work to review speed limits within the Kerikeri Bay of Islands catchment area. Approval of the Statement of Proposal for consultation purposes will enable staff to commence the next stage of the speed limit review process.

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

This decision allows staff to undertake consultation, there are no ongoing financial and budgetary implications of this decision. However, it should be noted that changes to speed limits will incur an initial cost for new signage, which will be met within existing budgets.

Āpitihanga / Attachments

1. Kerikeri BOI Speed Limit Review Statement of Proposal - A3847585 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	In line with the Significance and Engagement Policy the recommendation to consult on the proposed speed limits is consistent with existing plans and policies and does not involve the transfer of ownership of an asset. Therefore the level of significance is not high. The recommendation will have little effect on financial thresholds, ratepayers, or levels of service. However, the proposed speed limits will most likely generate public interest and have an effect on the community therefore, the level of significance is medium.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Land Transport Act 1998 Land Transport (Register of Land Transport Records – Speed Limits) Regulations 2022. Setting of Speed Limits Rule 2022
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.	The proposal does not have District wide relevance. The process for making speed limits is now regulated by the National Speed Limits Register. However the appropriate Community Board’s are encouraged to share their views as part of the consultation process.
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.	· The principals of consultation (Section 82 LGA 2002), along with other specific consultation requirements set out in the Rule will be given effect to by: · The Statement of Proposal, along with detailed technical review information will be made available on council’s website and at relevant service centres. · Key stakeholders and local stakeholders, as identified by Council and Section 22AD (3) of the Land Transport Act 1998 will be directly notified. · Marae within the review area, along with other iwi partners will be directly notified and provided the opportunity to discuss the proposals.
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).	· The principals of consultation (Section 82 LGA 2002), along with other specific consultation requirements set out in the Rule will be given effect to by: · The Statement of Proposal, along with detailed technical review information will be made available on council’s website and at relevant service centres. · Key stakeholders and local stakeholders, as identified by Council and Section 22AD (3) of the Land Transport Act 1998 will be directly notified
State the financial implications and where budgetary provisions have been made to support this decision.	There are no ongoing financial implications associated with this decision.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Strategy and Policy Committee Meeting Agenda

6 September 2022

5.8 'Te Puāwaitanga' - Bay of Island / Waipapa Sports Hub Governance Arrangements

File Number: A3545152

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

Authoriser: Roger Ackers, Manager - Strategy Development

TAKE PŪRONGO / Purpose of the Report

To consider sustainable governance arrangements for Te Puāwaitanga - Bay of Islands / Waipapa Sports Hub.

WHAKARĀPOPOTO MATUA / Executive SummarY

Phase one of the construction of Te Puāwaitanga (the Bay of Islands / Waipapa Sports Hub) is under way.

Phase one will deliver several multi-use playing fields and cricket pitches, parking for 300 cars and six buses, and an ablutions block incorporating changing and toilet facilities. These facilities are expected to be in use in the upcoming summer sports season. The phase one cost is $10.785 million. $2 million was provided by the Government’s COVID-19 Response and Recovery Fund. The remaining $8.785 million is funded by Council through its Long-Term Plan.

Phase two expects to establish an indoor facility to accommodate sporting and social spaces and enterprises such as meeting rooms, community spaces and a café.

Te Puāwaitanga’s working group considered several potential asset ownership and governance options and recommends a partnership arrangement between Council and an independent community organisation (a trust) with an operating model that generates operating surpluses that are re-invested in the organisation.

TŪTOHUNGA / Recommendation

That the Strategy and Policy Committee recommends to Council that 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.

1) TĀhuhu kŌrero / Background

Te Pūawaitanga - Bay of Islands Sports Hub is a $10.759 million sporting centre being developed in Waipapa. It will address the shortage of facilities in the region, support growing participation in sports and help meet future demand in Northland, as one of the fastest growing regions in the country.

Council funding of $8.759 million was supplemented with $2 million from the Government’s COVID-19 Response and Recovery Fund. This is sufficient to complete the first stage of the development which includes several multi-use playing fields and cricket pitches, parking for 300 cars and six buses, and an ablutions block incorporating changing and toilet amenities. These facilities are expected to be in use in the upcoming summer sports season.

Subsequent stages, currently unfunded, are expected to include additional fields and sport/recreation spaces for activities such as softball, croquet, and dog training, clubrooms, a competitive gymnastics facility, community spaces, and perhaps one or two commercial/social enterprises.

The working group understands that ratepayer funding for development beyond the first stage may not be granted and will therefore seek funding assistance from sources other than Council. Ultimately, the value of the complex could be well over $35 million, with substantial operating costs, so it is important that a suitable structure be confirmed for the ownership of assets and ongoing operations of the hub with little, if any, financial impact on the ratepayer.

In the past, Council has arranged for these types of facilities to be managed by legally formed trusts or incorporated societies, usually with a management agreement or operating lease in place. A similar arrangement seems applicable in this situation.

The working group’s recommendations are presented below for Committee (and subsequent Council) consideration.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Two decisions are needed. The first is the overall structure and relationships of the various entities with an interest in Te Puāwaitanga, and the second is asset ownership.

To help it work through options, the working group engaged with Global Leisure Group, a specialist sport, recreation, and community planning consultancy. GLG brought to the table commonly used and workable governance and management structures used across the country in other similar community facilities.

GLG met with strategic partners Sport Northland and Ngāti Rēhia, potential future funders, and sporting codes wanting to affiliate with the hub including football, league, gymnastics, cricket, and hockey. They also met with representatives from the Te Hiku Sports Hub to share their governance and management experiences and learnings. This was followed by a well-attended working group workshop to consider feedback and ideas and agree a preferred way forward.

As a foundation to the conversation, the various parties agree that a formal structure is needed. This is common across community facilities like Te Puāwaitanga. The most common legal form adopted is the Incorporated Society which protects individual members in certain situations and gives the organisation the right to sign contracts, lease premises, operate bank accounts and apply for funding assistance.

Decision 1: What structure will ensure the most sustainable future?

Three broad options were considered in detail:

Option 1: Local authority takes a lead role in the governance and management of the facility, with all clubs and organisations considered to be users.

While the management of community assets is typically a function of a local authority, the management of sports hubs is not. Council is not resourced to take a lead role and establishing a team to do so would have a direct funding impact on the ratepayer. Council is also not eligible for many external funding sources that will be needed to develop and run the facility.

Option 2: Individual club or organisation (often the largest/resident club) takes a lead role with other clubs and organisations viewed as users of the facility.

It seems evident from investigations that this option often leads to one club or user group having an undue influence over the facility, creating a perception that the facility belongs to one group, not the wider community.

Option 3: Independent entity/trust with legal status a lead role, with a formal structure and constitution, and agreements with member or affiliated groups and strategic partners. The working group recommends this option because it ensures skills-based governance with community focus wider than an individual sports code and eligibility for grant funding opportunities.

The working group recommends the below structure:

Diagram

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GLG have drafted a constitution for the incorporated society and a draft Memo of Understanding to formalise the agreement between the incorporated society and member groups. Both are attached.

Ensuring financial sustainability

The NZ Sporting Facilities Framework 2014 (published by Sport NZ) states recognises that:

“Often, communities have found the money to build a facility, only to struggle with the on-going operational and maintenance costs. Choices made to lower the initial capital cost often lead to higher “whole of life” cost. The “BIG Three” operational costs (staffing, energy, repair, and maintenance) can, when combined, account for 75% of all costs. If these three main operational costs are not tightly controlled, over time the financial sustainability of the development will be placed under great pressure.“

Rather than a break-even or not-for-profit approach, the working group recommends that Te Puāwaitanga operate as a non-profit distributing organisation or NPDO operating model. This allows the hub to create profit generating surpluses to fund activity. Initially a small operating grant (circa $50,000 per annum) may be required, but budget forecasts (attached) show surpluses that would be re-invested in a comprehensive maintenance programme to ensure that the entity’s assets are not left to degrade over time to the extent where renewals become unaffordable. Of note is the potential for social enterprises such as a café and gym to generate revenues that will reduce the need for ratepayer support.

Sources of revenue will include membership fees, hire charges, programming, social enterprise (e.g. rented office space, commercial operations such as physio or sports retail, a café, a fitness gym), any operating grants Council is able to provide, and funding from external sources.

Decision 2: Who owns the assets?

In considering asset ownership arrangements the working group acknowledged the following important drivers:

· Encouraging a sense of community ownership and engagement within the hub;

· Allowing the hub the freedom to identify sources of funding and generate sustainable income streams; and

· Understanding and planning for the whole-of-life cost of the assets, including day to day maintenance and longer-term renewals and replacements.

Three options were considered:

Option 1: 100% Council ownership. All assets, including land, buildings (incl fittings and fixtures), fields, lights, carparks, access roads etc would sit on the Council balance sheet. Annual depreciation costs would be funded by the ratepayer.

Option 2: 100% Community ownership. This option requires a legal entity be set up. All assets would sit on the entity’s balance sheet. Annual depreciation costs would be funded by the entity.

Option 3: Shared ownership between Council and the community. Again, a legal entity would need to be established so that asset ownership could be spread between Council and the community. This would entail splitting asset ownership across Council and the entity. The working group recommends this option.

There are strengths and weaknesses in all three options. While complete community ownership is used in other multi-sport hubs around the country, GLG’s experience is that as the scale of the capital development increases there is an increasing need for financial help from the local authority to fund the full lifecycle costs of the facilities and cover operating deficits. This puts a significant financial burden on ratepayers, and in some cases leads to deferred maintenance and assets that have degraded to the point of needing replacement at significant cost.

The recommendation is for carparks, access roads, public toilets, changing rooms and field/carpark lighting to remain in Council ownership.

Vertical structures and buildings (except for the changing rooms) would be owned by the incorporated society.

Take Tūtohunga / Reason for the recommendation

Stage one of Te Puāwaitanga will soon be operational and stage two design and funding activities continue. The working group recognises that a critical factor to the long-term success of Te Puāwaitanga is a fit for purpose governance and management structure that provides maximum benefit and value to Council and the community, and that the recommendations in this report support this outcome.

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

The recommendations in this report have little in the way of financial implications at this point. Should the Committee (and subsequently Council) agree with the recommendations the working group will proceed to set up the structure and put agreements in place. Any unbudgeted financial implications will be identified through that process. The working group’s activities in the meantime continue to be funded out of current budgets.

Āpitihanga / Attachments

1. GLG Report Te Puawaitanga Structure & Draft Documents - A3859521 ⇩

2. Te Puawaitanga 10yr Financial Forecast - A3859523 ⇩

3. Te Puawaitanga Usage of Space - A3859528 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Not significant.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Long Term Plan 2021-31.
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.	Te Puāwaitanga is expected to be a district-wide asset as a destination facility. Community Board’s views have therefore 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.	The Te Puāwaitanga working group has strong representation from Ngāti Rēhia, and this representation will continue with Ngāti Rēhia a strategic partner with the new legal entity.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	All demographics have an interest in the provision of sporting facilities in the Far North, and they are well-represented by the members of the working group and the prospective structure and its member affiliations.
State the financial implications and where budgetary provisions have been made to support this decision.	None.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Strategy and Policy Committee Meeting Agenda

6 September 2022

6 Information Reports

6.1 Feedback on the Ministry for the Environment National Policy Statement for Indigenous Biodiversity, Exposure Draft

File Number: A3818272

Author: Andrew McPhee, Senior Policy Planner

Authoriser: Janice Smith, Chief Financial Officer

TAKE PŪRONGO / Purpose of the Report

The purpose of the report is to inform the Strategy and Policy Committee of feedback submitted by the Far North District Council on the Ministry for the Environment National Policy Statement for Indigenous Biodiversity exposure draft.

WHAKARĀPOPOTO MATUA / Executive SummarY

Central Government is in the process of preparing a National Policy Statement for Indigenous Biodiversity (NPS-IB). Between November 2019 to March 2020, the Ministry for the Environment (MfE) sought public feedback on the introduction of a National Policy Statement to help protect precious flora and fauna. Over 7000 pieces of feedback were received, including from Far North District Council (Council). Subsequently in 2022, feedback is now sought by MfE on an NPS-IB exposure draft.

Feedback was prepared by Council and was provided to MfE on 21 July 2022.

TŪTOHUNGA / Recommendation

That the Strategy and Policy Committee receive the report Feedback on the Ministry for the Environment National Policy Statement for Indigenous Biodiversity, Exposure Draft.

tĀHUHU KŌRERO / Background

The need for a National Policy Statement for Indigenous Biodiversity was recognised by central government as early as 2000 and an attempt was made in 2011 to prepare a National Policy Statement. This was not progressed due to a lack of stakeholder agreement.

The first draft of the current proposed NPS-IB was developed by the Biodiversity Collaborative Group between March 2017 and October 2018. The group comprised Forest and Bird, Federated Farmers, an iwi advisor to the Iwi Chairs’ Forum, New Zealand Forest Owners’ Association, Environmental Defence Society, and infrastructure industries.

A proposed NPS-IB was prepared by MfE in 2019 and went out for general consultation along with several questions on its content. Council prepared and lodged feedback on 12 March 2020 (see Attachment 1).

After consideration of over 7,000 pieces of feedback from the release of the proposed NPS-IB, MfE released an NPS-IB exposure draft in June 2022. The main changes in the NPS-IB are stated by MfE as being:

· adequately providing for activities which are important for peoples’ economic wellbeing, such as farming, forestry and the provision of infrastructure and energy

· identifying indigenous biodiversity, which is significant, and clearly outlines the process for managing effects on it without requiring SNAs to be split into ‘high’ and ‘medium’ categories

· recognising tangata whenua as kaitiaki and allows for development of Māori land in partnership with tangata whenua, including Māori landowners

· outlining management for geothermal areas and public land which previously only had placeholders.

Feedback was prepared by Council on the exposure draft for the NPS-IB and lodged with the MfE on 21 July 2022 (see Attachment 2).

The timing required to provide feedback meant approval could not be obtained through the Strategy and Policy Committee (STRAT). The feedback was prepared inhouse by a Council officer and content was consulted on with the following people:

· the Chair of the STRAT;

· the General Manager – Strategic Policy and Planning; and

· the Manager – District Planning

The feedback was lodged under delegated authority through the Strategy and Policy Committee Terms of Reference.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Much of Councils feedback concentrated on the proposed policies within the NPS-IB exposure draft of relevance to the district. Further feedback included points on the following:

· Scale of resource – The draft Significant Natural Area (SNA) mapping identified 685 SNAs in the Far North District covering approximately 282,696 hectares, affecting 42% of the district and approximately 10,000 properties. The Far North District is significantly overrepresented in terms of potential SNA coverage when compared to the other Territorial Authorities in the region:

District	Private land (ha)	Council land (ha)	DoC land (ha)
Far North	152,693	2,704	105,012
Whangarei	48,495	310	57,314
Kaipara	29,432	494	15,277

· Cost and resource implications – Future ground truthing, mapping and reporting of SNA to the degree required by the NPS-IB will have large financial and resourcing implications for the Far North community. Council does not know how it would be able to fund the mapping and monitoring of SNAs required by the NPS-IB. In 2020, Council estimated the total costs for NPS-IB activities as $810,000 and the total biodiversity programme costs as $297,750 per annum. The multiplicity of resource management processes/roles requiring technical input, and limited level of funding for engagement and monitoring, are significant barriers to iwi participation. Council is concerned that if not adequately resourced or upskilled the outcomes of consultation under the NPS-IB will be mixed. Whilst the draft implementation plan recognises that most councils will require additional budget and resources, Council is concerned that there is very little guidance as to how funding will be targeted and allocated. It is essential for central government to ensure that adequate funding and technical resource are available to Council, tangata whenua and other landowners.

· Community awareness, understanding and participation – Council does not feel it will be able to meet the timeframes outlined in the NPS-IB unless Central government agencies to take a lead role in raising the public’s awareness of the nation-wide mandatory approach for protecting and maintaining indigenous biodiversity and clearly define the responsibilities of central government agencies, local authorities, tangata whenua and landowners.

It is expected that the feedback submitted by Council and other stakeholders will be further considered by Central Government and will contribute to the content and makeup of the NPS-IB.

MfE anticipates that Gazettal of the NPS-IB will be in December 2022.

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

There are no financial implications for Council contributing by way of further feedback to MfE on the NPS-IB. The preparation of the feedback was absorbed within existing budgets.

Āpitihanga / Attachments

1. FNDC feedback on the Proposed National Policy Statement for Indigenous Biodiversity (12 March 2020) - A2864675 ⇩

2. FNDC feedback on the National Policy Statement for Indigenous Biodiversity exposure draft (21 July 2022) - A3803934 ⇩

Strategy and Policy Committee Meeting Agenda

6 September 2022

6.2 i-SITE Section 17A Service Delivery Review

File Number: A3838222

Author: Jacine Warmington, Manager - Community and Customer Services

Authoriser: Dean Myburgh, General Manager - District Services

TAKE PŪRONGO / Purpose of the Report

To share the findings of the Far North and Whangārei District Council i-SITEs Section 17A service delivery review, provided in the attached report prepared by Morrison Low.

WHAKARĀPOPOTO MATUA / Executive SummarY

Morrison Low was commissioned to review the delivery of the Far North (FNDC) and Whangārei (WDC) District Councils’ i-SITE visitor information centres (i-SITEs) in accordance with the requirements of Section 17A of the Local Government Act 2002.

The review looked at the performance of the current service delivery model and evaluated a range of other potential service delivery arrangements. An assessment of the current arrangements was undertaken and, through review of documentation and discussion with key staff, were able to understand the current issues and potential opportunities and the options available for future delivery.

TŪTOHUNGA / Recommendation

That the Strategy and Policy Committee receive the report i-SITE Section 17A Service Delivery Review.

tĀHUHU KŌRERO / Background

The i-SITEs have been heavily impacted by Covid with a significant reduction in visitor numbers due to NZ's border being closed and lockdowns impacting domestic tourism. This, together with an ongoing change in the way people access visitor information (with more information being accessed online), has meant that the current arrangements need to be reviewed. Whilst the pandemic has had a significant negative impact on the tourism industry, the borders have now re-opened, and it is anticipated that international visitors will return soon.

This review also reflects the national review conducted by the i-SITE New Zealand board in 2021 with a proposed tier system of facilities moving forward: Tier 1 concept stores in key locations and secondary Tier 2 facilities, supported by a Tier 1 site.

In an effort to gain alignment with neighbouring Whangārei District Council a joint review was carried out.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Following an assessment of options for future delivery of i-SITE services against strategic objectives and agreed assessment criteria, the attached report provides details for the recommended way forward and the associated cost implications.

The overall recommended way forward is to retain the i-SITEs in their current locations but to optimise those sites and the network by providing additional services, such as pop-up sites or virtual sites, to meet demand during the peak season and also to strengthen the collaborative partnering with other interested stakeholders.

The results show good alignment in direction for Far North and Whangārei District Councils which will support the two councils continuing to work collaboratively on the delivery of their respective i-SITE services.

The next steps for the Far North i-SITEs would be to further investigate the preferred options and develop an i-SITE Strategy.

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

There are no financial implications.

Āpitihanga / Attachments

1. i-SITE Service Delivery Review - Morrison Low Report - A3849926 ⇩