Te Kaunihera o Tai Tokerau ki te Raki

 

 

AGENDA

 

Ordinary Council Meeting

 

Thursday, 10 November 2022

Time:

10:00 am

Location:

Council Chamber

Memorial Ave

Kaikohe

 

Membership:

Mayor Moko Tepania - Chairperson

Deputy Mayor Kelly Stratford

Cr Ann Court

Cr Felicity Foy

Cr Hilda Halkyard-Harawira

Cr Babe Kapa

Cr Penetaui Kleskovic

Cr Steve McNally

Cr Mate Radich

Cr Tāmati Rākena

Cr John Vujcich

 


Ordinary Council Meeting Agenda

10 November 2022

 

 

Far North District Council

Ordinary Council Meeting

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

Thursday 10 November 2022 at 10:00 am

Te Paeroa Mahi / Order of Business

1          Karakia Timatanga / Opening Prayer. 5

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

3          Ngā Tono Kōrero / Deputations. 5

4          Ngā Kōrero A Te Kahika / Mayoral Announcements. 5

5          Confirmation of Previous Minutes. 6

5.1            Confirmation of Previous Minutes. 6

6          Reports. 12

6.1            Making and Attesting of Declarations. 12

6.2            Standing Orders. 14

6.3            Pipeline Easement over Local Purpose (road) Reserve. 16

7          Information Reports. 22

7.1            Community Board Updates November 2022. 22

8          Te Wāhanga Tūmataiti / Public Excluded. 32

8.1            Ground Lease Over Part of Okaihau Recreation Reserve. 32

8.2            Ground Lease to Te Hiku Pasifika Trust - 19 Banks Street, Kaitaia. 32

9          Karakia Whakamutunga / Closing Prayer. 33

10       Te Kapinga Hui / Meeting Close. 33

 

 


1            Karakia Timatanga / Opening Prayer

 

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

Members need to stand aside from decision-making when a conflict arises between their role as a Member of the Council and any private or other external interest they might have. This note is provided as a reminder to Members to review the matters on the agenda and assess and identify where they may have a pecuniary or other conflict of interest, or where there may be a perception of a conflict of interest.

If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the meeting or of the relevant item of business and refrain from participating in the discussion or voting on that item. If a Member thinks they may have a conflict of interest, they can seek advice from the Chief Executive Officer or the Team Leader Democracy Support (preferably before the meeting).

It is noted that while members can seek advice the final decision as to whether a conflict exists rests with the member.

3            Ngā Tono Kōrero / Deputations

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

4            Ngā Kōrero A Te Kahika / Mayoral Announcements    


Ordinary Council Meeting Agenda

10 November 2022

 

5            Confirmation of Previous Minutes

5.1         Confirmation of Previous Minutes

File Number:           A3914984

Author:                    Rhonda-May Whiu, Democracy Advisor

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

Purpose of the Report

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

Recommendation

That Council confirms the minutes of the 27 October meeting as a true and correct record.

That Council appoint Cr Foy as a member of Te Hiku Community Board.

a)                      

 

1)  Background

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

2)  Discussion and Options

The minutes of the meetings are attached.

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

This report also includes a recommendation that Council appoint Cr Foy as a member of Te Hiku Community Board. While this resolution was passed at the previous meeting, the minutes show that a Councillor-Elect seconded the motion. This recommendation is to safeguard Council and the Te Hiku Community from any potential challenge.

Reason for the recommendation

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

3)  Financial Implications and Budgetary Provision

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

Attachments

1.       2022-10-27 Council Minutes - A3951841  


 

Compliance schedule:

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

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

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

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

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

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

 

Compliance requirement

Staff assessment

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

This is a matter of low significance.

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

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

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

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

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

There are no implications for Māori in confirming minutes from a previous meeting. Any implications on Māori arising from matters included in meeting minutes should be considered as part of the relevant report.

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

This report is asking for minutes to be confirmed as true and correct record, any interests that affect other people should be considered as part of the individual reports.

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

There are no financial implications or the need for budgetary provision arising from this report.

Chief Financial Officer review.

The Chief Financial Officer has not reviewed this report.

 

 


Ordinary Council Meeting Agenda

10 November 2022

 


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Ordinary Council Meeting Agenda

10 November 2022

 

6            Reports

6.1         Making and Attesting of Declarations

File Number:           A3956338

Author:                    Rhonda-May Whiu, Democracy Advisor

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

Purpose of the Report

The purpose of this report is to set out the process for making and attesting of declarations.

 

 

Background

Clause 14(1) & (2) Schedule 7 of the Local Government Act 2002 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 below.

Discussion and Next Steps

The Mayor will witness any Councillor declarations that were not able to be completed at the 27 October 2022 Inaugural Council meeting.

The declaration that each member is required to take is set out in Clause 14(3) Schedule 7 of the Act and reads as below. A translated version will also be made available for any members who would prefer to make their declaration in te reo Māori.

 

DECLARATION BY COUNCILLOR

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 a Councillor of the Far North District Council by virtue of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other Act.

DATED at                                         this 10th day of November 2022.

Or

TE ŌATI Ā KAIKAUNIHERA

Ko ahau, 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 Tai Tokerau, haere tonu ki ngā ihi me ngā herenga mahi, ka pā ki roto, ka uruhi ki runga i ahau hei Kaikaunihera o Te Tai Tokerau ki Te Raki, e ai ki te Ture Kāwanatanga ā-Rohe rua mano mā rua, 
Te Ture Kāwanatanga ā-Rohe mō ngā Kōrero Whakamōhio me ngā Huihuinga 
Kōrero kotahi mano iwa rau waru tekau mā whitu, me tāpiri atu ki ērā atu o ngā Ture raini.

He mea whakaū tēnei ki                                      i tēnei te ra tekau o Whiringa ā rangi rua mano rua tekau mā rua.

Financial Implications and Budgetary Provision

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

Attachments

Nil

 


Ordinary Council Meeting Agenda

10 November 2022

 

6.2         Standing Orders

File Number:           A3956985

Author:                    Rhonda-May Whiu, Democracy Advisor

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

Purpose of the Report

The purpose of the report is to present Council with the current Standing Orders.

Recommendation

That Council adopt changes to the Far North District Council Standing Orders.

 

 

1) Background

Standing Orders are a set of rules of debate that apply to all meetings of Council and its committees and subcommittees, including Community Boards. Furthermore Standing Orders ensure the legal requirements of the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987 are met. They also provide clarity as to what is expected of the members within a meeting and generally cover procedures to enable meetings to be held in a fair and transparent manner.

A report to note the Council standing orders was left to lie at the 27 October Council meeting following a proposed amendment that standing orders be amended to state that the Mayor/Chairperson does not have a casting vote.

2) Discussion and Options

Standing Orders are regularly reviewed by a group of local government practitioners, facilitated by Local Government New Zealand (LGNZ).  Following each review process LGNZ they release a recommended template version of Standing Orders for each Council to adopt, or tweak as their own. Each set of changes to Standing Orders generally keeps the same intent and principles, in alignment with legislation, but tweaks the wording to clarify each point.

The most recent review of LGNZ Standing Orders were made available to New Zealand Council’s in September 2022.

As part of the post-election onboarding programme a standing orders session is scheduled on 9 November 2022 with Democracy Services. We will discuss application of standing orders and potential amendments.

Any amendments (if any) discussed at the training session will be compiled into a single list to add to this recommendation, for adoption subject to the following amendments.

Reason for the recommendation

To adopt changes to Standing Orders for the Far North District Council.

3) Financial Implications and Budgetary Provision

There are no financial implications or need for budgetary provision 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.

Not applicable

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 as a result of this report

Chief Financial Officer review.

The Chief Financial Officer has not reviewed this report.

 

 


Ordinary Council Meeting Agenda

10 November 2022

 

6.3         Pipeline Easement over Local Purpose (road) Reserve

File Number:           A3923372

Author:                    Kay Meekings, Property Legalisation Officer

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

 

Take Pūrongo / Purpose of the Report

The purpose of this report is to seek Council consent to grant an easement under the Reserves Act 1977 over a small portion Local Purpose (Road) Reserve, to facilitate the adjoining kiwifruit orchards drawing water from the Kerikeri Water Irrigation Company pipeline laid within the adjacent SH 10 road corridor.

WhakarĀpopoto matua / Executive Summary

·        A pipeline easement application has been received from Mackenzie Elvin Law acting on behalf of their clients Seeka Limited and PT (Booster Investments) Nominees Limited being the owners of a kiwifruit orchards adjoining the local purpose reserve.

·        The requested portion of local purpose reserve is a 3 metre by 0.2 metre strip sandwiched between the freehold properties and State Highway 10 Kerikeri.

·        The Reserves Act 1977 provides a mechanism for Council to consider consenting to the granting of an easement over a local purpose reserve vested in Council.

 

tŪtohunga / Recommendation

That Far North District Council in its role as the administering body of the Local Purpose (road) Reserve, Lot 8 DP 84384, Title NA40D/677, and pursuant to its powers under section 48(1)(f) Reserves Act 1977 consents to the granting of a pipeline easement (shown as D on LT 560603) over the local purpose reserve subject to meeting Reserves Act requirements and subject to there being no cost to Council.

AND THAT the Council, in its role as the Minister of Conservation’s delegate, and pursuant to the Minister’s powers under section 48 of the Reserves Act 1977, consents to the granting of the proposed pipeline easement.

 

1) TĀhuhu kŌrero / Background

Lot 8 DP 84384 is a Local Purpose (road) Reserve vested in Council and subject to the Reserves Act. It is a narrow strip of land 0.2 of a metre wide running parallel to State Highway 10 on the North-eastern side, approximately 0.5 kilometre south of Sandy Road and SH 10 intersection. The reserve was created on subdivision in 1978. The purpose of the reserve was to limit the number of vehicular accesses being created under the 1978 subdivision. 

The adjacent kiwifruit orchards (Seeka and Booster) are in the process of giving each other the benefit of easement rights to convey water for horticulture irrigation (shown as A, B and C on LT 560603). The surveyor has now identified a further easement right is required, that being over the 0.2m x 3m Local Purpose (road) Reserve, to enable access to the Kerikeri Water Irrigation Company pipeline laid within the SH 10 road corridor.

The solicitor acting for the orchard owners has confirmed the drafting of and registration of the easement on titles will be at no cost to Council.

Public Notice under section 48(3) Reserves Act 1987 is not required in this situation as the reserve purpose and the rights of the public (in respect of the reserve) are not likely to be permanently affected.

Internal comment has been sort from Council’s Reserves and Northland Transportation Alliance asset managers. Neither raised concerns to the granting of an easement as the reserve is not actively managed by the reserve department and the adjacent road is not a Northland Transportation Alliance asset.

The construction method will be trenchless with minimal disturbance to the reserve land and the passing road traffic

The orchard owner’s contractor will be responsible for acquiring a Corridor Access Permit from Waka Kotahi for the duration of the works.

 

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Option 1 – Consent to grant an easement for the purpose of water pipeline over Local Purpose (Road) Reserve Lot 8 DP 84384.

Option 2 – Not approve to grant an easement for the purpose of water pipeline on Local Purpose (Road) Reserve Lot 8 DP 84384.

Take Tūtohunga / Reason for the recommendation

Option 1 – Consent to grant easement for the purpose of water pipeline over Local Purpose (Road) Reserve Lot 8 DP 84384.

The granting of easement will allow the horticultural landowners to access water from a dedicated commercial water supply company.

The reserve purpose and public rights will not be affected by the granting of the easement.

All actions are at no cost to Council.

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

No implications. Cost of easement, easement agreement and registration will be incurred by the applicants/landowners.

Āpitihanga / Attachments

1.       22-11-10 - LT 560603 - Pipeline Easement - SH 10 Kerikeri - A3928803

2.       2022-11-10 Locality Plan - Pipeline Easement - SH 10 Kerikeri - A3928525  


 

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

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

 

He Take Ōkawa / Compliance Requirement

Aromatawai Kaimahi / Staff Assessment

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

Low

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

Reserves Act, LGA 74, Reserves 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 requirement is across a very small land parcel – 3m x 0.2m. Insignificant by size therefore no need to consult or engage wider than Council.

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.

NIL

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).

NIL

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

NIL

Chief Financial Officer review.

CFO has reviewed this report.

 

 
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Ordinary Council Meeting Agenda

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7            Information Reports

7.1         Community Board Updates November 2022

File Number:           A3956831

Author:                    Rhonda-May Whiu, Democracy Advisor

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

TAKE PŪRONGO / Purpose of the Report

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

WHAKARĀPOPOTO MATUA / Executive SummarY

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

20 October 2022 - Bay of Islands-Whangaroa Community Board

20 October 2022 - Kaikohe-Hokianga Community Board

20 October 2022 - Te Hiku Community Board

 

TŪTOHUNGA / Recommendation

That Council note the following Community Board minutes:

a)    20 October 2022 - Bay of Islands-Whangaroa Community Board

b)    20 October 2022 - Kaikohe-Hokianga Community Board

c)    20 October 2022 - Te Hiku Community Board

 

 

tĀHUHU KŌRERO / Background

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

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

This is intended as an information report.

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

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

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

Āpitihanga / Attachments

1.       2022-10-20 Kaikohe-Hokianga Community Board Minutes - A3946758

2.       2022-10-20 Bay of Islands-Whangaroa Community Board Minutes - A3944378

3.       2022-10-20 Te Hiku Community Board Minutes - A3933470  

 


Ordinary Council Meeting Agenda

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8            Te Wāhanga Tūmataiti / Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendation

That the public be excluded from the following parts of the proceedings of this meeting.

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

8.1 - Ground Lease Over Part of Okaihau Recreation Reserve

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

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

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

8.2 - Ground Lease to Te Hiku Pasifika Trust - 19 Banks Street, Kaitaia

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

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

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

 

 

 

 


Ordinary Council Meeting Agenda

10 November 2022

 

 

9            Karakia Whakamutunga / Closing Prayer

 

10          Te Kapinga Hui / Meeting Close