Agenda of Extraordinary Council Meeting - Wednesday, 23 November 2022

23 November 2022

5.1 Establishment and membership of an Executive Review Committee for 2022-2025

File Number: A3983707

Author: Caroline Wilson, Manager - District Administration

Authoriser: Janice Smith, Acting General Manager - Corporate Services

Take Pūrongo / Purpose of the Report

The Mayor has requested that an Executive Review Committee (ERC) be established prior to wider discussion and establishment of a governance structure (committees and portfolios).

WhakarĀpopoto matua / Executive Summary

· The request for a late report to establish the Executive Review Committee was agreed between the Mayor and the Chief Executive and was circulated as a supplementary item for the 10 November Ordinary Council meeting.

· Under Standing Orders in respect of late reports, Council must first resolve to deal with an item of business not on the agenda with an explanation given by the Chairperson as to why the item was not on the agenda (why it is a late report) and reasons why the discussion of the item cannot be delayed until a subsequent meeting.

· This did not occur, with members entering into debate and voting without resolving first the deal with the report. As such, it could call into question the lawful establishment of the ERC and any subsequent decisions made by the Committee.

· This report seeks to remedy this by placing it onto this agenda as a report to be discussed and voted upon.

· The remainder of the report is exactly as per the report that was brought to the 10 November Ordinary Meeting, including the original terms of reference.

· The Executive Review Committee be established to undertake the responsibilities associated with the Chief Executive as required under the Local Government Act.

· The membership of the Executive Review Committee shall be all of Council. i.e. the Mayor and all 10 Councillors.

· The terms of reference (delegations) for the Executive Review Committee are attached to the report.

tŪtohunga / Recommendation

That Council establish an Executive Review Committee and appoint the following members:

1. Mayor Tepania, Deputy Mayor Kelly Stratford, Ann Court, Babe Kapa, Felicity Foy, Hilda Halkyard-Harawira; John Vujcich, Mate Radich, Penetaui Kleskovic, Steve McNally, Tāmati Rākena.

1) TĀhuhu kŌrero / Background

Under section 41A(3) of the Local Government Act 2002, the Mayor has the power to establish committees and appoint membership including the chairperson of each committee.

The Mayor wishes to establish a governance structure of committees and portfolios along with associated remuneration. In the meantime, he has expressed a desire to establish an Executive Review Committee prior to the finalisation of the broader governance structure.

The Mayor has opted not to exercise this power, so this report is provided to Council to establish the Executive Review Committee, adopt the terms of reference and confirm the membership.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The previous triennium Executive Review Committee terms of reference has been used as the foundation for the 2022-2025 terms of reference, with changes to membership and quorum.

There has been one amendment to the specific responsibilities (bullet points). The bullet point:

· Annually consider the Chief Executives remuneration

Has been deleted and the word remuneration added to the first bullet point which now reads:

· Review the Chief Executives’ performance and remuneration as required in the employment agreement between the Council and the Chief Executive.

This removes any issue between the terms of reference stating a specific timeframe or activity that might be different to what has been negotiated in the employment agreement.

As this is a whole of Council committee, the only decision required to come before an Ordinary Council meeting is that of the appointment of the Chief Executive.

The terms of reference of the Executive Review Committee are simple insofar as it relates to specific aspects of the employment, remuneration and performance of the Chief Executive, in accordance with the contract of employment (employment agreement) between the Chief Executive and the Council and the Local Government Act (Schedule 7, sections 33-35). As such, the terms of reference for the Executive Review Committee shall not have any crossovers with the final governance structure.

Take Tūtohunga / Reason for the recommendation

Establish an Executive Review Committee for the 2022-2025 triennium in relation to matters of employment, remuneration and performance of the Chief Executive.

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

There are no financial implications and budgetary provisions required as a result of this report.

Āpitihanga / Attachments

1. Register of Delegations for Executive Review Committee - for 2022 triennium - A3592615 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This report 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 Local Government Act is the relevant legislation regarding provision for committees, and the obligations of governance to oversee the performance, remuneration and recruitment of the Chief Executive.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Community Board views have not been sought as this is a matter for Councillors to discuss how they would like to structure their governance oversight.
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.	There are no specific implications for Māori – this matter relates to internal governance oversight.
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).	There are no specific implications for any other persons – this matter relates to internal governance oversight.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report

Extraordinary Council Meeting Agenda

23 November 2022

5.2 Temporary Road Closure – Four Individual Christmas/Santa Parades

File Number: A3967781

Author: Calvin Thomas, General Manager - Northland Transportation Alliance

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

Take Pūrongo / Purpose of the Report

The purpose of this paper is to obtain Council approval for temporary road closures for four

individual Christmas/Santa Parades in the Far North.

WhakarĀpopoto matua / Executive Summary

· The Northland Transportation Alliance manage temporary road closures for events on behalf of Council

· The task of approving Road Closures, specifically for the safe operation of Events, cannot be delegated by Council

· Christmas/Santa Parades are organised by the community for the community

· Advertising of each event will take place approximately two weeks before the event in

accordance with requirements of the Local Government Act 1974.

· Without Council approval the Christmas/Santa Parades cannot take place.

tŪtohunga / Recommendation

That Council approves the proposed temporary road closures to accommodate the safe operation of the following events:

a) Kaitaia Santa Parade – Saturday 03/12/22

b) Moerewa Christmas Parade – Friday 09/12/22

c) Paihia Christmas Parade – Friday 02/12/22

d) Kaikohe Christmas Parade – Friday 02/12/22

1) TĀhuhu kŌrero / Background

The background to this paper has been prepared by the Northland Transportation Alliance and is included as Attachment 1.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Christmas/Santa Parades are organised by the community for the community.

Whilst the Northland Transportation Alliance endeavour to be proactive around the identification of these type of events, they are reliant on the community and organisers engaging around location and date. At the time of writing the only Christmas/Santa Parades notified are in Kaitaia, Moerewa, Paihia and Kaikohe.

Staff have been notified that the Kerikeri Christmas/Santa Parade will be held on the Domain and that no temporary road closure is required. Similarly, Kawakawa intend holding an event in Hundertwasser Park. Kaeo is hosting their Parade in the Whangaroa College/ fields and will not be along the main highway.

We are currently not aware of any other parades that require temporary road closures.

Take Tūtohunga / Reason for the recommendation

To enable the Christmas/Santa parades to take place.

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

No budgetary implications.

Āpitihanga / Attachments

1. NTA - Temporary Road Closure for Far North Christmas Parades - November 2022 - A3970432 ⇩

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	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.	Local Government Act, 1974
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Local relevance for each event.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	No specific implications for Māori have been identified.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	N/A
State the financial implications and where budgetary provisions have been made to support this decision.	None
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report

Extraordinary Council Meeting Agenda

23 November 2022

5.3 Appointment to Civil Defence Emergency Management Committee

File Number: A3979332

Author: Caroline Wilson, Manager - District Administration

Authoriser: Janice Smith, Acting General Manager - Corporate Services

Take Pūrongo / Purpose of the Report

To appoint one representative to the Civil Defence Emergency Management Committee and one alternate as members of the joint standing committee of Northland Councils.

WhakarĀpopoto matua / Executive Summary

· The Civil Defence Emergency Management Committee is a joint standing committee of all Northland Councils and is responsible for the conduct of civil defence functions.

· Their first meeting is on 29 November 2022 and at that meeting the Chair will be appointed.

· Council had not planned on making external appointments until it’s December meeting hence the need to bring this particular appointment forward.

· It is important that Council has appointed membership at the meeting on the 29 November, particularly in respect of the appointment of the Chair.

tŪtohunga / Recommendation

That Council make the following appointments to the Civil Defence Emergency Management Committee:

i) Council representative ………………………………………………

ii) Council alternate ………………………………………………

1) TĀhuhu kŌrero / Background

Councils are required under the Civil Defence Emergency Management Act 2002, to establish a Civil Defence Emergency Management Committee (the Committee).

All four Northland Councils operate this group under a joint committee model, with appointed members from each of the Councils. Councils are required to have one appointed member, and an alternate should the member not be available.

The responsibilities of the Committee are to co-ordinate planning, programmes and activities related to civil defence emergency management across the areas of reduction, readiness, response and recovery. The Committee sets the strategic direction via the CDEM Group Plan, approving annual work programme, conducting joint management of civil defence events and monitoring and reporting on progress. Membership includes the three other Councils in Northland, along with representatives from NZ Police, Fire and Emergency NZ and the National Emergency Management Advisory.

The Chair typically is the person who can declare a state of emergency and should be experienced in chairing joint groups, comprised wholly of external membership.

The membership, defined through legislation, comprises the Mayor or Chairperson (or their delegated representative) of the four Northland councils with one alternate. During the last triennium, Councillor Collard was the appointed member of this committee, with Councillor Stratford as the alternate.

At the Committee meeting on the 29 November 2022, the Chair of the Committee will be appointed, and it is appropriate that our own member be considered for the position of Chair. If Far North District Council does not appoint a member before the meeting, they are likely to be excluded from the appointment process for Chair.

Meetings are held in Whangarei on a quarterly basis.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Option 1 - Appoint one member and an alternate (preferred option)

In this option, Council would decide today on the appointed member and their alternate to ensure that they are able to participate in discussions related to the legislative requirements of the committee, including the appointment of a Chair.

Option 2 – Wait until the December meeting to make the appointments

In this option Council would consider this alongside all other external appointments at their December meeting. Anybody attending the Committee meeting on 29 November would do so in an informal capacity and would be excluded from the appointment process for the Chair.

Take Tūtohunga / Reason for the recommendation

Ensure Council has fair and equitable representation at the committee meeting on 29 November 2022 and can remain in that capacity for the rest of the triennium.

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

There are no implications from a budgetary perspective.

Āpitihanga / Attachments

Nil

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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.	Civil Defence Emergency Management Act 2002.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	District wide relevance.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	There are no particular implications for Māori.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	There are no particular implications for other persons.
State the financial implications and where budgetary provisions have been made to support this decision.	Provision for travel has already been factored into budgets.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report