Agenda of Kaikohe-Hokianga Community Board Meeting

Kaikohe-Hokianga Community Board Meeting Agenda

20 October 2022

The Local Government Act 2002 states the role of a Community Board is to:-

A. Represent, and act as an advocate for, the interests of its community.

B. Consider and report on all matters referred to it by the territorial authority, or any matter of interest or concern to the community board.

C. Maintain an overview of services provided by the territorial authority within the community.

D. Prepare an annual submission to the territorial authority for expenditure within the community.

E. Communicate with community organisations and special interest groups within the community.

F. Undertake any other responsibilities that are delegated to it by the territorial authority

Council Delegations to Community Boards - January 2013

The "civic amenities" referred to in these delegations include the following Council activities:

· Amenity lighting

· Cemeteries

· Drainage (does not include reticulated storm water systems)

· Footpaths/cycle ways and walkways.

· Public toilets

· Reserves

· Halls

· Swimming pools

· Town litter

· Town beautification and maintenance

· Street furniture including public information signage.

· Street/public Art.

· Trees on Council land

· Off road public car parks.

· Lindvart Park – a Kaikohe-Hokianga Community Board civic amenity.

Exclusions: From time to time Council may consider some activities and assets as having district wide significance and these will remain the responsibility of Council. These currently include: The roading network, Hundertwasser toilets, District Library Network, Baysport, the Kerikeri, Kaikohe & Kaitaia Airports, Hokianga Vehicle Ferry, i-Site network, Far North Community Centre, Kerikeri Domain, Kawakawa Heated Swimming Pool, Kaikohe Cemetery, Kerikeri Sports Complex, The Centre at Kerikeri, the Bay of Islands/Hokianga Cycle Trail.

Set local priorities for minor capital works in accordance with existing strategies,

1. Recommend local service levels and asset development priorities for civic amenities as part of the Annual Plan and Long Term Plan processes.

2. Reallocate capital budgets within the Annual Plan of up to 5% for any specific civic amenity, provided that the overall activity budgetary targets are met.

3. Make grants from the allocated Community Funds in accordance with policy 3209, and the SPARC/Sport Northland Rural Travel fund in accordance with the criteria set by the respective body, and, for the Bay of Islands-Whangaroa Community Board, the power to allocate the Hundertwasser Donations Account.

4. Provide comment to council staff on resource consent applications having significance within the Community, including the provision of land for reserves or other public purposes.

5. To hold, or participate in hearings, as the Council considers appropriate, in relation to submissions pertinent to their community made to plans and strategies including the Long Term Plan and Annual Plan, and if appropriate recommend decisions to the Council.

6. To hold hearings of submissions received as a result of Special Consultative Procedures carried out in respect of any matter other than an Annual or Long Term Plan, and make recommendations to the Council.

7. Where recommended by staff to appoint management committees for local reserves, cemeteries, halls, and community centers.

8. To allocate names for previously unnamed local roads, reserves and other community facilities, and recommend to Council name changes of previously named roads, reserves, and community facilities subject to consultation with the community.

9. To consider the provisions of new and reviewed reserve management plans for recommendation to the Council in accordance with the Reserves Act 1977, and hear or participate in the hearing of submissions thereto, as considered appropriate by the Council.

10. To provide recommendations to the Council in respect of applications for the use and/or lease of reserves not contemplated by an existing reserve management plan.

11. Prohibit the use of skateboards in specified locations within their communities, in accordance with Council’s Skating Bylaw 1998.

12. Recommend new bylaws or amendments to existing bylaws.

13. Prepare and review management plans for local cemeteries within budget parameters and in a manner consistent with Council Policy.

14. Exercise the following powers in respect of the Council bylaws within their community:

a) Control of Use of Public Spaces – Dispensations on signs

b) Mobile Shops and Hawkers – Recommend places where mobile shops and/or hawkers should not be permitted.

c) Parking and Traffic Control – Recommend parking restrictions, and areas where complying camping vehicles may park, and consider and grant dispensations in accordance with clause 2007.2

d) Public Places Liquor Control – Recommend times and places where the possession or drinking of alcohol should be prohibited.

e) Speed Limits – Recommend places and speed limits which should be imposed.

15. To appoint Community Board members to speak on behalf of their community in respect of submissions or petitions.

16. Specific to the Bay of Islands-Whangaroa Community Board – consider any recommendations of the Paihia Heritage Working Group and make appropriate recommendations to Council on the development of a draft Plan Change and a Section 32 analysis on heritage provisions for Paihia.

17. To set schedule of meeting dates, times and venues, subject to the meetings not conflicting with meetings of the Council and satisfying the provisions of the Local Government Official information and Meetings Act 1987.

18. To review all proposed public art projects on a project-by project basis to ensure they comply with policy #5105 Art in Public Places, including approval of the aesthetic appearance, maintenance programme, insurance and appropriate location, and to agree to their installation.

19. In respect of applications from food establishments for permission to establish tables and chairs on a public place, i.e. Alfresco dining in accordance with Policy 3116, to consider and decide on any application which does not meet all criteria of the policy, and any application which staff recommend to be declined.

20. Subject to a report from the appropriate managers and the appropriate budgetary provision, to make decisions in respect of civic amenities including the levels of service, and the provision or removal of an amenity not provided for elsewhere in these delegations.

Terms of Reference

In fulfilling its role and giving effect to its delegations, Community Boards are expected to:

1. Comment on adverse performance to the Chief Executive in respect of service delivery.

2. Assist their communities in the development of structure plans, emergency management community response plans, and community development plans.

3. Assist their communities to set priorities for Pride of Place programmes.

4. Have special regard for the views of Māori.

5. Have special regard for the views of special interest groups, e.g. disabled, youth, aged, etc.

6. Actively participate in community consultation and advocacy and keep Council informed on local issues.

7. Seek and report to Council community feedback on current issues by:

a) Holding a Community forum prior to Board meetings

b) Varying the venues of Board meetings to enable access by members of the community

8. Monitor and make recommendations to Council to improve effectiveness of policy.

9. Appoint a member to receive Annual Plan\Long Term Council Community Plan submissions pertinent to the Board area, attend hearings within the Board area, and attend Council deliberations prior to the Plan adoption.

Protocols

In supporting Community Boards to fulfil their role, the Council will:

1. Provide appropriate management support for the Boards.

2. Organise and host regular workshops with the Community Boards l to assess the 'State of the Wards & District' to establish spending priorities.

3. Prior to decision-making, seek and include 'Community Board views' in Council reports in relation to:

a) the disposal and purchase of land

b) proposals to acquire or dispose of reserves

c) representation reviews

d) development of new maritime facilities

e) community development plans and structure plans

f) removal and protection of trees

g) local economic development initiatives

h) changes to the Resource Management Plan

4. Organise and host quarterly meetings between Boards, the CEO and senior management staff.

5. Prepare an induction/familiarisation process targeting new members in particular early in the term.

6. Support Board members to arrange meetings with local agencies and service clubs to place more emphasis on partnerships and raising profile of the Boards as community leaders.

7. Permit Board chairperson (or nominated member) speaking rights at Council meetings.

8. Help Boards to implement local community projects.

9. Arrange for Infrastructure and Asset Management Staff to meet with the Community Boards in September each year to agree the capital works for the forthcoming year for input into the Annual or Long Term Plan.

10. Provide information.

Kaikohe-Hokianga Community Board Meeting Agenda

20 October 2022

6 Reports

6.1 Making and Attesting of Declarations

File Number: A3913787

Author: Marlema Baker, Democracy Advisor

Authoriser: Aisha Huriwai, Team Leader Democracy Services

TAKE PŪRONGO / Purpose of the Report

To set out the process for making and attesting of declarations.

tĀHUHU KŌRERO / Background

Clause 14(1) & (2) Schedule 7 of the Local Government Act 2002 (The Act) states that no person shall be capable of acting as a member of any local authority until he or she has made an oral and written declaration as set out in Clause 14 (3) Schedule 7 of The Act, as set out below. Section 54 (2) of the Act states that these parts of Schedule 7 apply to Community Boards.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

The Chief Executives appointed officer will witness the declaration of the Kaikohe-Hokianga Community Board Members. The declaration that each member is required to take is set out in Clause 14(3) Schedule 7 of the Act and reads:

DECLARATION BY MEMBER

I, ________________________________, declare that I will faithfully and impartially, and according to the best of my skill and judgement, execute and perform, in the best interests of the Far North District the powers, authorities, and duties vested in, or imposed upon, me as Member of the Kaikohe-Hokianga Community Board by virtue of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other Act.

Dated: at Kaikohe this 20th day of October 2022

Ko au ko, ________________________________,, ka ōati ai ki runga i te pono me te tika ka mutu ki te taumata o tōku atamai me āku whakataunga. Ka mahi ai mō te painga o Te Hapori o Kaikohekohe ki Hokianga, haere tonu ki ngā ihi me ngā herenga mahi, ka pā ki roto, ka uruhi ki runga i ahau hei mema o Te Poari o Te Hapori o Kaikohekohe ki Hokianga, e ai ki te Ture Kāwanatanga ā-Rohe 2002. Te Ture Kāwanatanga ā-Rohe mō ngā Kōrero Whakamōhio me ngā Huihuinga Kōrero 1987, me tāpiri atu ki ērā atu o ngā Ture raini.

He mea whakaū tēnei ki Kaikohekohe i tēnei te ra rua tekau o Whiringa ā Nuku rua mano rua tekau ma rua.

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

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

Āpitihanga / Attachments

Nil

Kaikohe-Hokianga Community Board Meeting Agenda

20 October 2022

6.2 Election of Kaikohe-Hokianga Community Board Chairperson

File Number: A3904611

Author: Marlema Baker, Meetings Administrator

Authoriser: Aisha Huriwai, Team Leader Democracy Services

Purpose of the Report

The purpose of the report is to explain the procedure for the election of the Chairperson of the Board and to elect a Chairperson.

Recommendation

That the Kaikohe-Hokianga Community Board:

a) use System A as the preferred voting system to elect a Chairperson.

b) elect _______________ as Chairperson for the triennium October 2022 to October 2025, in accordance with Standing Orders.

1) Background

The first meeting of the Board will be presided over by the Mayor until the Chairperson is elected, as per Standing Orders 4.6.

2) Discussion and Options

Schedule 7, 21(5)(b) of the Local Government Act 2002 provides for the election of a Chairperson. Section 54 (2) states that Schedule 7, (excluding clauses 15 and 33 to 36), applies to Community Boards.

A Chairperson of a Community Board shall be elected from among its members at its first meeting following the election of the Community Board. When electing a Chairperson the Community Board must resolve to use one of the following two voting systems.

“Election of Chairperson

The election of the Chairperson of the Board is a serious matter and should be done, as far as it can, in a deliberate manner. The first meeting of a Board may be a strange place for a new member, who should not be confused or rushed.

A majority decision is, therefore, appropriate and 'System A' (Local Government Act 2002 Sch7 (25), while the act requires a meeting decision, is recommended.

“System A” is described in the Act:

It requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the Board present and voting; and

It has the following characteristics:

(i) there is a first round of voting for all candidates; and

(ii) if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iii) if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

(iv) in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

The following clarifications were added to the Kaikohe-Hokianga Community Board Standing Orders; 14 September 2022.

(i) no formal nomination procedure is required for candidates for Chair - an Expression of Interest is sufficient,

(ii) candidates may speak for 3 minutes in support of their candidacy prior to the election process,

(iii) where 2 or more candidates tie for the highest number of votes, subject to (v), further rounds of voting are undertaken until the tie is broken,

(iv) the meeting may be adjourned, and/or further discussion may be undertaken between votes,

(v) where three or more candidates are tied for the highest number of votes, the meeting may remove a candidate by majority vote before the next round of voting

(vi) where 2 candidates continue to tie for the highest number of votes and three tie breaking votes have been taken, the meeting may decide to audition the candidates by alternating the Chair between the remaining items on the agenda and continue voting later in the meeting,

(vii) the order of the chairing of items in (vi) should be agreed by the candidates or, in the absence of agreement, by lot.

(viii) these directions are subject to the Act which requires that a Chair be elected at the first meeting.

(ix) the Deputy Chair should not be elected before the Chair

A complete description of this Standing Orders section must appear in the agenda of the first meeting.

The local Government Act provides a second system to elect a Chairperson or Deputy Chairperson

System B -

a) requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

b) has the following characteristics:

i. there is only 1 round of voting; and

ii. if 2 or more candidates tie for the most votes, the tie is resolved by lot.

Reason for the recommendation

To elect a Chairperson in accordance with Standing Orders.

3) Financial Implications and Budgetary Provision

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

Attachments

Nil

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	Not applicable
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Not applicable
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	This is a Community Board report
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.	Not applicable
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities.	Not applicable
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications or budgetary provision required as a result of this report.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Kaikohe-Hokianga Community Board Meeting Agenda

20 October 2022

6.3 Election of Kaikohe-Hokianga Community Board Deputy Chairperson

File Number: A3904622

Author: Marlema Baker, Meetings Administrator

Authoriser: Aisha Huriwai, Team Leader Democracy Services

Purpose of the Report

The purpose of the report is to explain the procedure for the election of the Deputy Chairperson of the Board and to elect a Deputy Chairperson.

Recommendation

That the Kaikohe-Hokianga Community Board:

a) use System A as the preferred voting system to elect a Deputy Chairperson.

b) elect _______________ as Deputy Chairperson for the triennium October 2022 to October 2025, in accordance with Standing Orders.

1) Background

The Chairperson of the Board will call for nominations for Deputy Chairperson, who will then be elected using the preferred voting system.

2) Discussion and Options

Schedule 7, 21(5),(e) of the Local Government Act 2002 provides for the election of a Deputy Chairperson.

Section 54 (2) states that Schedule 7 (excluding clauses 15 and 33 to 36) applies to Community Boards.

A Deputy Chairperson of a Community Board shall be elected from among its members at its first meeting following the election of the Community Board. When electing a Deputy Chairperson the Community Board must resolve to use one of the following two voting systems as set out in Standing Orders 5.2.

Option 1

“System A” is described in the Act:

It requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the Board present and voting; and

It has the following characteristics:

(i) there is a first round of voting for all candidates; and

(ii) if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iv) in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

The following clarifications were added to the Kaikohe-Hokianga Community Board Standing Orders; 14 September 2022.

(i) no formal nomination procedure is required for candidates for Deputy Chair - an Expression of Interest is sufficient,