Agenda of Bay of Islands-Whangaroa Community Board Meeting

Bay of Islands-Whangaroa Community Board Meeting Agenda

12 December 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 stormwater 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 centres.

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.

Bay of Islands-Whangaroa Community Board Meeting Agenda

12 December 2022

6 Confirmation of Previous Minutes

6.1 Confirmation of Previous Minutes

File Number: A3905189

Author: Joshna Panday, Democracy Advisor

Authoriser: Aisha Huriwai, Team Leader Democracy Services

Te Take Pūrongo / Purpose of the Report

The minutes are attached to allow the Bay of Islands-Whangaroa Community Board to confirm that the minutes are a true and correct record of the previous meeting.

ngĀ tŪtohunga / Recommendation

That the Bay of Islands-Whangaroa Community Board confirm the minutes of the Bay of Islands-Whangaroa Community Board meeting held on 17 November 2022 are a true and correct record.

1) te TĀhuhu kŌrero / Background

Local Government Act 2002 clause 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) Te matapaki me NgĀ KŌwhiringa / Discussion and Options

The minutes of the meeting are attached.

The Bay of Islands-Whangaroa Community Board Standing Orders Section 27.3 states that “no discussion may arise on the substance of the minutes at any succeeding meeting, except as to their correctness”.

Te Take Tūtohunga / Reason for the recommendation

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

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

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

ngĀ Āpitihanga / Attachments

1. 2022-11-17 Bay of Islands-Whangaroa Community Board Minutes [A3985631] - A3985631 ⇩

Te 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	Te Aromatawai Kaimahi / Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This is 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 (for example – youth, the aged and those with disabilities).	This report is asking for the minutes to be confirmed as a true and correct record, any interest that affect other people should be considered as art of the individuals report.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications requiring input from the Chief Financial Officer.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Bay of Islands-Whangaroa Community Board Meeting Agenda

12 December 2022

7.2 Setting of Meeting Dates for 2023

File Number: A4000352

Author: Joshna Panday, Democracy Advisor

Authoriser: Aisha Huriwai, Team Leader Democracy Services

Purpose of the Report

To allow the Community Board to set their meeting dates for the 2023 calendar year.

Executive Summary

· Each Community Board is responsible for setting their own meeting dates.

· The Community Board have previously held meetings every four to six weeks on a Thursday.

· Council will adopt its formal meeting calendar on 15 December 2023.

Recommendation

That Bay of Islands-Whangaroa Community Board adopt the following meeting dates for the Bay of Islands-Whangaroa Community Board

· Thursday 16 February

· Thursday 16 March

· Thursday 13 April

· Thursday 11 May

· Thursday 8 June

· Thursday 6 July

· Monday 31 July

· Thursday 31 August

· Thursday 28 September

· Thursday 26 October

· Thursday 23 November

· Thursday 14 December

1) Background

The Local Government Act (LGA) requires a local authority to hold meetings that are necessary for the good governance of its region or district. The Local Government Official Information and Meetings Act (LGOIMA) promotes the open and public transaction of business at meetings. Neither the LGA or LGOIMA requires a local authority to schedule meetings a year in advance, however it is considered good practise throughout New Zealand.

Council reserve 28 October of each year, as a non-Council meeting day, in recognising the signing of He Whakaputanga o te Rangatiratanga o Nu Tireni – Declaration of Independence of the United Tribes of New Zealand, as the National day set aside to observe New Zealand Wars.

Community Boards are required to set their own meeting dates, so long as they are not in conflict to Council meetings.

2) Discussion and Options

This report recommends that Bay of Islands-Whangaroa Community Board meet on Thursdays every four weeks, bar Monday, 31 July 2023 due to a conflict with Council meeting for Thursday, 3 August 2023.

The formal meeting calendar proposed to Council is that Council and Committee meetings would be held on a 4 weekly rotation and that Te Miromiro – Assurance Risk & Finance Committee would be held quarterly. As part of the Formal Meeting Calendar adoption by Council reserve dates have been set aside for workshops.

Community Board meeting dates were included in the calendar adopted by Council, not for adoption but to signal the dates that meetings might be scheduled for.

Please note, additional time may be required from time to time for unexpected or unanticipated matters. This should however be minimal. Staff are committed to providing as much notice as possible and making sure that business where possible, is restricted to the days adopted as part of this schedule.

Boards are also encouraged to meet informally outside of the formal meeting schedule to touch base or conduct workshops to discuss various matters.

Reason for the recommendation

To adopt a schedule of Bay of Islands-Whangaroa Community Board meetings for the 2023 calendar year.

3) Financial Implications and Budgetary Provision

There is a cost in supporting meetings, and these are covered within operational budgets.

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

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 matter 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 relevant legislation as referenced in the report is the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Community Boards are responsible for setting their own meeting schedule. Similar reports will be written suggesting alignment with Council and Committee meetings.
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 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.	This report does not have any implications on persons identified in legislation.
State the financial implications and where budgetary provisions have been made to support this decision.	Financial implications are covered within operational budgets.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Bay of Islands-Whangaroa Community Board Meeting Agenda

12 December 2022

7.3 Easement on Local Purpose Esplanade Reserve - Wairawarawa Stream

File Number: A3970604

Author: Carla Ditchfield, Legal Services Officer

Authoriser: Janice Smith, Acting General Manager - Corporate Services

Take Pūrongo / Purpose of the Report

To seek a decision from Council, via the Bay of Islands-Whangaroa Community Board, for a request to obtain a right of way (“ROW”) on part Council owned Local Purpose Esplanade Reserve Lot 16 DP 146302 in Rural Production zone in Kerikeri (“Esplanade Reserve” or “Reserve”).

Council’s Reserve Policy is the guiding mechanism for decisions regarding occupation of reserves. In keeping with Council policy and given the matter concerns Local Purpose Esplanade Reserve, the matter is first being brought to the Bay of Islands - Whangaroa Community Board for a subsequent recommendation to Council.

WhakarĀpopoto matua / Executive Summary

· The owners of properties at 2276C State Highway 10 Kerikeri, 2228 State Highway 10, Kerikeri and 15 Conifer Lane Kerikeri propose to construct a vehicular and pedestrian bridge over Wairawarawa Stream and seek Council’s consent to create a ROW easement over small part of Council-owned Esplanade Reserve land situated between the subject properties.

· It is not viable, engineering-wise, to construct the bridge in any other relevant area of Wairawarawa Stream as the soil/ground is either unsuitable or too steep.

· An ongoing (35 years maximum) Resource Consent for the construction and use of the bridge will be processed through the Northland Regional Council (“NRC”) by ‘Bridge It NZ Limited’. NRC indicated they do not generally object to this proposal.

· In keeping with the provisions of the Reserves Act 1977 and Council’s Reserves Policy, Council is required to consider the relevant factors and the options as set out below and either grant a ROW easement to the applicant, as requested, or not.

· Staff recommendation is to approve the request and grant a ROW easement over part of the Reserve subject to conditions and agreed compensation.

· If staff recommendation is accepted and before granting the ROW easement, Council must in accordance with sections 48(2), 119 and 120 of the Reserves Act 1977 carry out public consultation.

tŪtohunga / Recommendation

That the Bay of Islands-Whangaroa Community Board approve the granting of a right of way easement pursuant to section 48(1)(f) of the Reserves Act 1977 on Local Purpose Esplanade Reserve Lot 16 DP 146304 for the purpose of constructing and using a private bridge over the Wairawarawa Stream connecting:

i. 2276C State Highway 10 Kerikeri - Lot 1 DP 91402 contained in record of title NA64B/178; and

ii. 15 Conifer Lane Kerikeri - Lot 1 DP 535123 and Lot 14 DP 158690 contained in record of title 884105; and

iii. 2228 State Highway 10, Kerikeri - Lot 1 DP 457586 contained in record of title 593590.

And that approval is provided subject to:

1. NRC granting Resource Consent for construction of the bridge;

2. Public consultation in accordance with sections 48(2), 119 and 120 of the Reserves Act 1977;

3. Compensation, to be negotiated and finalised in a written Compensation Agreement, payable by the landowners to the Council;

4. Landowners -

a) bearing all costs and disbursements in relation to the required public consultation.

b) if required by law and prior to commencing construction works, seeking relevant consent(s) and / or permits from the Council under Local Government Act 1974, Resource Management Act 1991 and / or Building Act 1991.

c) bearing all legal and survey costs and disbursements in relation to creating and registering the easement instrument on all relevant titles;

d) bearing full responsibility for the construction, maintenance, upkeep, repair, removal of the bridge (if required) during its lifetime, and end of its lifetime;

e) the bridge being the landowner’s asset, which if abandoned, neglected or on becoming a nuisance of any kind or degree, must be removed or decommissioned and Reserve land remediated to Council’s satisfaction;

f) indemnifying the Council of all costs, claims and expenses arising from use and operation of the bridge during its lifetime.

1) TĀhuhu kŌrero / Background

The Esplanade Reserve land was originally given to this Council, in accordance with requirements of Part 20 (ss 284-290) Local Government Act 1974, by the current landowners as part of their 1990 subdivision RC 792608 .

1.1 RC 2001575-LGA348 Application

In January 2020 the landowners approached Council with RC 2001575-LGA348 application for approval of ROW over the Reserve pursuant to s 348 Local Government Act 1974 seeking to:

1. construct a bridge over Wairawarawa Stream - connecting

a. 2276C State Highway 10 Kerikeri - Lot 1 DP 91402 contained in record of title NA64B/178; and

b. 15 Conifer Lane Kerikeri - Lot 1 DP 535123 and Lot 14 DP 158690 contained in record of title 884105; and

c. 2228 State Highway 10, Kerikeri - Lot 1 Deposited Plan 457586 contained in record of title 593590

(“three properties”)

2. create a ROW easement over small part of the Esplanade Reserve – to enable construction, use and operation of the bridge.

The application was declined by Council planning staff.

1.2 Current Application

In May 2022 the landowners, again, re-approached Council through their lawyers, seeking a ROW easement to enable construction and use of a private bridge. The purpose of the bridge is to provide safe travel for people, vehicles and farm machinery between the three properties in Rural Production Zone avoiding use of State Highway 10.

The landowners have considered building the bridge on their own properties so that the bridge does not have to be on the Esplanade Reserve. However, the engineering advice was that it was not viable to construct the bridge in any other relevant part of Wairawarawa Stream as the soil/ground is either unsuitable or too steep.

Further, the environmental impact of trying to build a bridge in any other relevant part of Wairawarawa Stream would be much greater than at the proposed location – some ecosystems will be either wiped out or significantly depleted. The proposed location is the flattest, the most stable and least ‘swampy’ allowing the engineering and ground works to be less invasive or damaging for the ecosystems of the Stream.

The landowners offer public access to and use of the bridge by members of the public, should the Council wish to accept it. The public access to the proposed bridge will be via:

1. easement in gross granted in favour of this Council by landowners of Lot 1 DP 91402 contained in NA64B/178 - on northern side of Wairawarawa Stream; and

2. existing esplanade strip on Lot 1 Deposited Plan 457586 contained in record of title 593590 – on the southern side of Wairawarawa Stream.

Diagram 1 – Location of the Bridge and proposed Easement in Gross.

Diagram 2 – Topographical and cadastral map showing location of the Bridge.

Bay of Islands-Whangaroa Community Board Meeting Agenda

12 December 2022

Diagram 3 – Photo of proposed location of the bridge

Should the Council accept easement in gross in favour of this Council, that would create a ‘full circle’ public walkway around the Stream – in clockwise direction - starting at the water hole on the other side of SH10, along Council reserve land Lot 2 DP 109031, along the proposed easement in gross on Lot 1 DP91402, over the proposed bridge, over Council Reserve Lot 16 DP 146304, along the Esplanade Strip on Lot 1 DP 457586, under the SH10 bridge and back to the waterhole on the other side of SH10. See Diagram 4 below.

Diagram 4 - ‘Full circle’ public walkway around the Stream

1.3 Affected Reserve Land

Council’s Esplanade Reserve, subject to this application, is located between Wairawarawa Stream and eight properties running on the left of Conifer lane, Kerikeri in the Rural Production Zone. The Reserve is a Local Purpose (Esplanade) Reserve within the meaning of the Reserves Act 1977. The Reserve land is shown in blue in Diagram 5 below.

The approximate location and size of the proposed bridge in relation to the Reserve land is depicted in red. That location has been recommended by Bridge It NZ Limited engineers as the flattest, the most viable from an engineering perspective and the least damaging for the ecosystems of the Stream.

The bridge and the requested ROW Easement area will affect a small part of the Reserve.

Diagram 5 – Reserve land affected by the bridge structure and ROW easement outlined in red

The bridge structure will start on Lot 1 DP 91402, go over the Wairawarawa Steam and will end on the Reserve land. Applicant requires a right of way from the Stream boundary to the boundary of Lot 14 DP 158690 as shown in Diagram 6 below.

Diagram 6 – Proposed Easement for bridge crossing

The Reserve, as it currently is:

1. Inaccessible to public – the esplanade strip that comes off SH 10 and runs along the boundary of on Lot 1 DP 457586 is not formed and has a steep terrain densely covered in vegetation;

2. Is not maintained or managed by Council. It is overgrown by invasive foreign species of vegetation such as gores and wild ginger. The applicant, who runs a vineyard and a horticultural business, carries out regular weed eradication program at its own cost to keep the weeds at bay.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

1.4 Matters relevant to the decision

1.4.1 Reserves Act 1977 requirements

Council is the administering body for the Reserve. Section 40 of the Reserves Act 1977 charges the administering body with managing and controlling reserves so as to ensure the use, enjoyment, development, maintenance, protection, and preservation, as the case may require, for the purpose for which it is classified.

The Reserve is designated Local Purpose Reserve (Esplanade) Reserve Under the Reserves Act 1977. The purpose of esplanade reserve is further defined in the Resource Management Act 1991 as being:

An esplanade reserve or an esplanade strip has 1 or more of the following purposes:

(a) to contribute to the protection of conservation values by, in particular, —

(i) maintaining or enhancing the natural functioning of the adjacent sea, river, or lake; or

(ii) maintaining or enhancing water quality; or

(iii) maintaining or enhancing aquatic habitats; or

(iv) protecting the natural values associated with the esplanade reserve or esplanade strip; or

(v) mitigating natural hazards; or

(b) to enable public access to or along any sea, river, or lake; or

(c) to enable public recreational use of the esplanade reserve or esplanade strip and adjacent sea, river, or lake, where the use is compatible with conservation values.

Taking the above into account and should the Council accept public walkway easement over Applicant’s Lot 1 DP 91402, it is considered that granting ROW easement over part of the Esplanade Reserve to allow for the construction of the bridge is generally in keeping with the purposes of esplanade reserves set out in the RMA, and the broad responsibilities of administering bodies set out in Section 40 of the Reserves Act 1977. Granting of the requested Easement will enable public access, use and enjoyment of the Reserve.

Section 48 (2) of the Reserves Act 1977 requires the Council to consult with and have regard to the views of the public before undertaking certain actions in respect of reserves, for which it is the administering body. This includes consultation with relevant tangata whenua. Given the proposed bridge over the Stream will materially impact the Esplanade Reserve, public consultation must be carried out before the easement can be granted.

1.4.2 Relevant FNDC Policy

Reserves Policy March 2017

FNDC has a reserves policy dated March 2017. Section 4 of the Reserves Policy contains policies covering encroachments on Council owned land.

Policy 2 sets out that Council will decline all future requests for private use of public land for access or occupation unless such use provides a benefit to the proper use and enjoyment of the public land. At the moment the Reserve is inaccessible to the public and even if one manages to get to the Reserve via the Stream bed, such access would be of limited recreational value as the Reserve ‘exits’ abuts only private properties. The benefit to the public in this case would be to secure a public walkway/accessway over private land towards and around the Reserve.

Policy 3 requires Council to give consideration to the context of the public land when considering the resolution options. Currently the Reserve is inaccessible to and is unused by the public. Only a small part of the reserve will be affected by the required ROW Easement.

Policy 4 requires Council to take into account the effect of the encroachment on members of the public. The effect of proposed encroachment / easement on members of the public is likely to be positive. The Reserve is currently unused by members of the public. Making it more accessible will benefit members of the public.

As discussed in the previous section it is considered that granting approval to the proposal is generally in keeping with the purposes of esplanade reserves set out in the RMA, and the broad responsibilities of administering bodies set out in Section 40 of the Reserves Act 1977 because it will enable public access to the Reserve and over the Stream and will enable public recreational use of the Esplanade Reserve.

Given the proposed bridge and easements will have the effect of allowing better use and enjoyment of the Reserve land by members of the public, it is considered that the grant of ROW easement is not inconsistent with FNDC Reserve Policy.

1.4.3 Resource Consent Requirements

The proposed bridge works and the bridge itself will require resource consents from the NRC. Earthworks associated with the enabling works on the Reserve Land is also required by the Far North District Council and the NRC. Importantly, advice from the NRC is that diversion of stormwater associated with the bridge structure will require an ongoing (maximum 35 years) resource consent for ongoing occupation and use of the bridge. This means that the owners of the asset will be bound by any consent requirements, including requirements for on-going maintenance, addressing any adverse effects that may arise and/or removing the structure should it be abandoned or create a nuisance.

As Council is an affected party within the meaning of s 95 of the Resource Management Act 1991 as well as an administering body of the Reserve, NRC will consult the Council as to the terms and conditions that should be imposed in its resource consent.

1.4.4 Public Access and Use of the Reserve

The Reserve land is currently land-locked and not easily accessible to any member of the public including the adjoining landowners. The Reserve is a wetland with escarpments on both sides of various degrees of steepness. The only limited benefit (if any) of this Reserve at the moment is to the adjoining landowners. That limited benefit, however, is usurped by the wet and boggy nature of the soil and necessary weed-eradication program that the landowners undertake on a regular basis at their own cost to keep the proliferating weed species at bay.

Public access to and use of the affected portion of the Reserve will be positively affected by the proposed bridge structure. At the moment the public is unable to access and use the Reserve as is. Allowing the ROW easement to the landowners and accepting public access and walkway easement on their Lot 1 DP 91402 would allow public to traverse through private land on a formed walkway or track towards the bridge, over the Wairawara Stream and onto the Esplanade Reserve.

It should be noted that the applicant already has legal access to its land holdings at 15 Conifer Lane, 2228 and 2276C State Highway 10. Allowing the bridge structure and ROW Easement on the Reserve will significantly benefit the applicant and increase capital value of their land holdings as it will connect the applicant’s properties and will allow movement of people, farm machinery and vehicles between the properties without having to go via State Highway 10, Kapiro Road or Conifer Lane.

1.4.5 Ownership

The bridge structure will be owned by the private landowners. Ongoing resource consent from NRC will impose obligations on the landowners to carry out on-going maintenance, address any adverse effects or potential nuisance that may arise and/or remove the structure at the end of its life, if abandoned or neglected or if required by NRC.

If ROW Easement is granted, the easement instrument will contain similar requirements allowing the Council to enforce them should it be required. The easement instrument will also contain an indemnity clause protecting the Council from any liability for any claim or injury.

1.5 Consideration of Alternatives

The assessment of environmental effects includes an assessment of alternatives options. These alternatives are summarised below.

OPTION 1 - Decline the Request for ROW Easement over part of the Reserve

If this option is adopted, the status quo will remain –

· The applicant will continue to use their existing legal access to its land holdings at 15 Conifer Lane, 228 and 2276C SH10 and manage health and safety of their farm machinery operators who use SH10 to transit between the applicant’s properties.

· The Reserve land will remain as is – not easily accessible to or used by the public.

This is the safest and most conservative option that does not benefit any stakeholder. The benefit to the Council is that it avoids setting a precedent going forward.

1.5.1 OPTION 2 (Recommended) - Provide written approval for ROW Easement subject to conditions

This option will allow the three properties - Lot 1 DP 91402, Lot 14 DP 158690 (held in the same title as Lot 1 DP 535123) and Lot 1 DP 457586 - in the Rural Production Zone to be connected by the proposed bridge structure circumventing the use of SH10 by the farm machinery and vehicles.

This option will enable public access to and use of the Reserve through a public walkway on private land with minimal environmental impact on the existing Reserve land. The option also broadly promotes social, economic, environmental, and cultural well-being of the local community – by allowing a major employer and horticultural player in the district to operate in a more sustainable and environmentally responsible way.

It is considered any liability that Council would be exposed to by granting this Easement is minimal (if any) and will be suitably limited or mitigated by terms and conditions of the relevant resource consent and legal instruments registered on the titles of applicant’s properties.

Given that benefit to the public is quite limited and distinctly outweighed by a private benefit (in other words, landowners stand to gain much more than the members of the public), it is appropriate to seek and negotiate a compensation amount for this ROW Easement.

As this option requires public consultation, drafting and registration of the easement as well as surveying of the easement area and negotiating a Compensation Agreement, all such costs must be borne by the landowners.

1.5.2 OPTION 3 - Application to cancel the Reserve status and sell the Reserve land or part of the Reserve land to the landowners for an agreed sum on condition that it will be an Esplanade strip

This option is the most complex and time-consuming as it will require the Council to first revoke or cancel the classification of this Reserve land. Once the classification is revoked the Council must follow a disposal process set out in the Reserves Act 1977 which includes public consultation, consultation with Iwi and the Department of Conservation. The method of disposal is linked to how the Council originally acquired the land – as this Reserve derived from private ownership and was given to the Council as a result of 1990 private subdivision, the Council may retain the proceeds of this disposal.

This option is not recommended or necessary in this case as only small part of the Reserve is affected by the proposed bridge structure. The costs of disposal will outweigh any benefit to the ratepayers. Also, this option does not ‘future-proof’ public access along the Stream – it would take Council backward – meaning we should not be selling public land or public rights into private ownership when the legislation and policy insist on protecting riparian and coastal margins for public access, use and enjoyment.

Take Tūtohunga / Reason for the recommendation

Option 2 is the recommended option for the following reasons:

1. It will allow the Reserve to serve the purpose it was intended for when originally created in 1990 and as currently provided for in s6(d) of the Resource Management Act 1991- providing opportunities for public access and recreational use of a natural watercourse.

2. It will ‘future proof’ and develop public access and use of that Reserve by securing easement in gross for public access over private land which land is unlikely to be subdivided in the near future.

3. The Easement and the bridge structure will occupy a small part of the Reserve. The rest of the Reserve will remain unaffected and as is.

4. It will have minimal effect on Reserve and public right to and use and enjoyment of that Reserve.

5. The proposed bridge structure will promote access to the Reserve and around the Stream – allowing the public to walk from the water hole on the other side of SH10 over private properties and back to the water hole again.

6. The proposed location of the bridge structure will have minimal environmental impact compared to if this bridge was built elsewhere on private land. The proposed location is the flattest, the most stable and least ‘swampy’ allowing the engineering and ground works to be less invasive or damaging for the ecosystems of the Stream.

7. In addition to improved public access and use of the Stream and the Reserve, the negotiated or agreed compensation for the required ROW easement will provide financial benefit to the ratepayers of the district.

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

All costs and disbursements associated with public consultation, drafting and registration of the easement as well as surveying of the easement area and negotiating a Compensation Agreement are to be borne by the landowners that are seeking to construct the bridge structure and the grant of ROW Easement on Council owned Reserve land.

Given the NRC’s resource consent and the easement conditions will place the responsibility of the upkeep, maintenance, and eventual removal of the bridge on the owners of the properties described as Lot 1 DP 91402, Lot 1 DP 535123 and Lot 14 DP 158690, Lot 1 DP 457586, it is not expected the recommended resolution will carry any ongoing financial implications.

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.	Reserves Act 1977, FNDC 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.	Community Board is consulted prior to consulting 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.	Consultation will be required.
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).	Council is the affected party – owner of the Reserve.
State the financial implications and where budgetary provisions have been made to support this decision.	None – potential compensation to Council.
Chief Financial Officer review.	CFO will be required to review.

Bay of Islands-Whangaroa Community Board Meeting Agenda

12 December 2022

7.4 Road Naming - Lot 2, 7d Waipapa West Road, Kerikeri

File Number: A4003328

Author: Selina Topia, Roading Support Officer

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

Take Pūrongo / Purpose of the Report

To seek approval from the Bay of Islands-Whangaroa Community Board to officially name a private right-of-way (ROW).

WhakarĀpopoto matua / Executive Summary

Council has received a Road Naming application to name a private right-of-way (ROW) addressed at Lot 2, 7D Waipapa West Road, Kerikeri. Community Boards have delegated authority to name private right-of-ways (ROW).

tŪtohunga / Recommendation

That the Bay of Islands-Whangaroa Community Board, pursuant to Council’s Road Naming and Property Addressing Policy #2125, name a private right-of-way (ROW), Wai Tui Way that is currently addressed at Lot 2, 7D Waipapa Road, Kerikeri as per map (A4003335).

1) TĀhuhu kŌrero / Background

John Nicholls has advised that this is a private right-of-way (ROW) created by a sub-division addressed at Lot 2, 7D Waipapa Road, Kerikeri.

The name Wai Tui refers to the Waipapa Stream that runs close to the right-of-way (ROW). Tui are plentiful in the area and there once was an orchard on the site some 50 years ago. Currently, there is a small vineyard established along part of the right-of-way (ROW), named Wai Tui Vineyard.

The name Gumview refers to the huge gum tree that can be seen from the right-of-way (ROW).

The name Oak Tree refers to the large oak tree that is situated at the entrance to the right-of-way (ROW).

The background for these names is given also as per the Road Naming application attached (A4003335).

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Their suggestions are as follows:

1. Wai Tui Way

2. Gumview Lane

3. Oak Tree Lane

The Roading team has no objections to the names suggested above.

Take Tūtohunga / Reason for the recommendation

The road names recommended in this report are not duplicates of any other road names in the district, therefore meeting the criteria set down in the Council’s Road Naming and Property Numbering Policy and the Australian/New Zealand Addressing Standard - AS/NZS 4819.2011.

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

There will be no financial implications to Council relating to the installation of the road name sign (blue on white background name blade). The cost of the road signage and installation will be met by the applicant.

Āpitihanga / Attachments

1. Application and Map - Document number - A4003335 ⇩

2. LINZ approval - Document number - A4005561 ⇩

3. Schedule - Document number - A4005595 ⇩

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	This is the naming of a private right-of-way (ROW) and 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.	Road Naming and Property Numbering Policy #2125 and Australia/New Zealand Urban and Rural Addressing Standards 4819.2011.
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.	No district wide relevance and the Community Board have the delegated authority to approve road names.
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.	Contacted Te Hono to ask for assistance with Iwi/Hapu feedback from Ngati Rehia for this report, Llani/ Te Hono, sent an email to Ngati Rehia and she advised that there has been no reply received.
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 currently no property owners as this is a new subdivision
State the financial implications and where budgetary provisions have been made to support this decision.	There will be no financial implications to Council relating to the installation of the road name sign (blue on white background name blade). The cost of the road signage and installation will be met by the applicant..
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report

Bay of Islands-Whangaroa Community Board Meeting Agenda

12 December 2022

7.5 Road Naming - Lot 19, 90 Wehirua Road, Okaihau

File Number: A4001290

Author: Selina Topia, Roading Support Officer

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

Take Pūrongo / Purpose of the Report

To seek approval from the Bay of Islands-Whangaroa Community Board to officially name a public road.

WhakarĀpopoto matua / Executive Summary

Council has received a Road Naming application to name a public road addressed at Lot 19, 90 Wehirua Road, Okaihau. Community Boards have delegated authority to name public roads.

tŪtohunga / Recommendation

That the Bay of Islands-Whangaroa Community Board, pursuant to Council’s Road Naming and Property Addressing Policy #2125, name a public road, Toka Puia Lane that is currently addressed at Lot 19, 90 Wehirua Road, Okaihau as per map (A4000790).

1) TĀhuhu kŌrero / Background

Lynley Newport of Thomson Surveyors has advised that this is a public road created by a sub-division addressed at Lot 19, 90 Wehirua Road, Okaihau.

The name Toka Puia refers to volcanic rocks which are prevalent within the geographical area. The soil structure within the local farmland soils is also volcanic.

The name Tokarahi refers to many rocks which is also within the area and is visible on the property.

The name Boulder refers to the rocks on the property.

The background for these names is given also as per the Road Naming application attached (A3986325).

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Their suggestions are as follows:

1. Toka Puia Lane

2. Tokarahi Way

3. Boulder Way

The Roading team has no objections to the names suggested above.

Take Tūtohunga / Reason for the recommendation

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

There will be no financial implications to Council relating to the installation of the road name sign (white on blue background name blade). The cost of the road signage and installation will be met by the applicant.

Āpitihanga / Attachments

1. Application - Document number - A3986325 ⇩

2. Maori feedback requested - Document number - A4001264 ⇩

3. Map - Document number - A4000790 ⇩

4. LINZ approval - Document number - A4000708 ⇩

5. Schedule - Document number - A4001284 ⇩

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	This is the naming of a public road and 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.	Road Naming and Property Numbering Policy #2125 and Australia/New Zealand Urban and Rural Addressing Standards 4819.2011.
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.	No district wide relevance and the Community Board have the delegated authority to approve road names.
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.	Hapu/Iwi were asked for their feedback by the applicant as per email attached (A4001264).
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).	Proposed subdivision of land within 4 titles in the Rural Production Zone as a restricted discretionary activity. Lot 19 road to vest.
State the financial implications and where budgetary provisions have been made to support this decision.	The cost of the road signage and installation will be met by Council (white on blue background name blade).
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report

Bay of Islands-Whangaroa Community Board Meeting Agenda

12 December 2022

7.6 Road Naming - 27 Access Road, Kerikeri

File Number: A4001352

Author: Selina Topia, Roading Support Officer

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

Take Pūrongo / Purpose of the Report

To seek approval from the Bay of Islands-Whangaroa Community Board to officially name a private right-of-way (ROW).

WhakarĀpopoto matua / Executive Summary

Council has received a Road Naming application to name a private right-of-way (ROW) addressed at 27 Access Road, Kerikeri. Community Boards have delegated authority to name private right-of-ways (ROW).

tŪtohunga / Recommendation

That the Bay of Islands-Whangaroa Community Board, pursuant to Council’s Road Naming and Property Addressing Policy #2125, name a private right-of-way (ROW), Dove Lane that is currently addressed at 27 Access Road, Kerikeri as per map (A3710115).

1) TĀhuhu kŌrero / Background

Garreth Johnston of Williams and King has advised that this is a private right-of-way (ROW) created by a sub-division addressed at 27 Access Road, Kerikeri.

The name Dove is from the doves that live nearby.

The name Summer is because of the summer feel in the area.

The name Sunny is because of the sunny spot.

The background for these names is given also as per the Road Naming application attached (A3710102).

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Their suggestions are as follows:

1. Dove Lane

2. Summer Lane

3. Sunny Lane

The Roading team has no objections to the names suggested above.

Take Tūtohunga / Reason for the recommendation

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

Āpitihanga / Attachments

1. Application - Document number - A3710102 ⇩

2. Map - Document number - A3710115 ⇩

3. Resource consent - Document number - A3710119 ⇩

4. LINZ approval - Document number - A3736578 ⇩

5. Schedule - Document number - A3710116 ⇩

6. Request for Hapu/Iwi feedback - Document number - A4001308 ⇩

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	This is the naming of a private right-of-way (ROW) and 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.	Road Naming and Property Numbering Policy #2125 and Australia/New Zealand Urban and Rural Addressing Standards 4819.2011.
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.	No district wide relevance and the Community Board have the delegated authority to approve road names.
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.	Ngati Rehia were consulted in regards to this application as per email attached (A4001308). No reply received.
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 currently no property owners as this is a new subdivision
State the financial implications and where budgetary provisions have been made to support this decision.	There will be no financial implications to Council relating to the installation of the road name sign (blue on white background name blade). The cost of the road signage and installation will be met by the applicant.
The Chief Financial Officer has not reviewed this report	The Chief Financial Officer has not reviewed this report

Bay of Islands-Whangaroa Community Board Meeting Agenda

12 December 2022

7.7 Project Funding Reports - December 2022

File Number: A3993041

Author: Kim Hammond, Community Development Advisor.

Authoriser: Shayne Storey, Team Leader Community Development and Investment

Take Pūrongo / Purpose of the Report

Recipients of funds from the Community Board’s Local Grant Fund must complete and submit a project report no later than two months after the completion of their project.

tŪtohunga / Recommendation

That the Bay of Islands-Whangaroa Community Board note the project report received from:

a) Aroha Music Society

b) Bay of Islands Arts Festival Trust (Upsurge)

c) Business Paihia Incorporated

d) Our Kerikeri Community Charitable Trust

1) TĀhuhu kŌrero / Background

Clause 15 of the Community Grant Policy states that: “At the completion of a project that received community funding, recipients are required to complete a Project Report. These reports must be received no later than two months after the completion of the project, or, if the activity is ongoing, within two months of the funding being spent. Recipients who do not complete this form are ineligible for Council funding for a period of five years.”

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Copies of the project reports are attached for the Board’s information. Should Board members have concerns or issues with these reports, these should be discussed at this part of the meeting.

Take Tūtohunga / Reason for the recommendation

To receive the project reports from funding applicants in accordance with the Community Grant Policy.

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

There are no financial implications or budgetary requirements.

Āpitihanga / Attachments

1. Project Report - Aroha Music Society - A3992900 ⇩

2. Project Report - Bay of Islands Arts Festival Trust (Upsurge) - A3992917 ⇩

3. Project Report - Business Paihia Incorporated - A3993089 ⇩

4. Project Report - Our Kerikeri Community Charitable Trust (Christmas Tree) - A3993090 ⇩

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	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.	Community Grant 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.	This report does not have 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.	No implications for Māori in relation to land and/or water.
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).	Considered in the application.
State the financial implications and where budgetary provisions have been made to support this decision.	Budgetary Provision has been made and the grant is allocated in accordance with the Community Grant Policy.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Bay of Islands-Whangaroa Community Board Meeting Agenda

12 December 2022

8 Information Reports

8.1 Taumatamakuku Placemaking and Implementation Plan

File Number: A3990709

Author: Ken Ross, Community Development Advisor

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

TAKE PŪRONGO / Purpose of the Report

To appraise the Bay of Islands-Whangaroa Community Board of Council interaction with the Taumatamakuku community.

WHAKARĀPOPOTO MATUA / Executive SummarY

This written report and the attached document outline discussions between a representative community group with several departments of Council and other agencies, and their outcomes

TŪTOHUNGA / Recommendation

That the Bay of Islands-Whangaroa Community Board receive the report Taumatamakuku Placemaking and Implementation Plan.

tĀHUHU KŌRERO / Background

Taumatamakuku is a small settlement of approximately 40 houses bordering SH 1 just East of the AFFCO Freezing Works near Moerewa. The houses of the settlement were constructed between the late 1940’s and early 1960’s to provide housing for people working at the nearby Freezing Works. Over the period of its existence, Taumatamakuku has been viewed by respective Councils as an appendage of Moerewa or Kawakawa, but until recently, never as a community-in-its-own-right. This ‘appendage’ approach has meant that infrastructural and social needs specific to the Taumatamakuku settlement and community have largely been overlooked.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

This is intended as an information report.

In the last two years, the community of Taumatamakuku re-invigorated its Taumatamakuku Hapori (Community Committee) and started direct communications with various departments of FNDC, and a few other agencies (NRC and Waka Kotahi). As a result, community issues and needs surfaced and departments of Council began responding to the concerns expressed by the community. In the latter part of 2021, it was realised that a level of coherence and coordination was required to integrate the interactions of FNDC and the other agencies (NRC, NTA and Waka Kotahi). At that time Council didn’t have Project Manager Capacity to lead the work so the Community Development Department undertook to facilitate the communication between Taumatamakuku Hapori, NRC, NTA and Council itself.

Over the last year a series of successful meetings and workshops have been held on-site in Taumatamakuku and/or in offices in Moerewa, involving the parties concerned and an Urban and Environmental planning team (from Barker & Associates) who were brought into the process. The B&A team were contracted to consult with the Taumatamakuku community and interpret the conversations of the last 18 months into a plan format, to aid understanding of the past concerns, the current situation, and the future options available to the Taumatamakuku community and the agencies involved. Barker and Associates (B&A) have recently released their findings in the Taumatamakuku Placemaking and Implementation Plan (TPIP), and that is currently being discussed and assessed within the Taumatamakuku community. The TPIP is available on request only because the document is too large to email (40 MB).

The TPIP outlines the work discussed and agreed to by FNDC, NTA, NRC and Waka Kotahi across the following projects:

1 Community footpath on the internal Crescent.

2 Traffic safety measures at the 2 intersections of SH 1 and the internal Crescent.

3 Improvements in community street lighting.

4 The creation of a school bus turning and parking area.

5 The re-siting and expansion of a community playground.

6 The re-figuring of community gardens and orchard on a reserve.

7 The construction of a recreation area (Half Court)

8 Allowance made for future development (the building of a small community centre).

The TPIP has a suggested timeline for implementation of the projects listed above. Currently, some of those projects already have budgets, while others are longer term and have yet to be financially costed and accounted for. Refer to the tables on pages 16-21 of the TPIP for information of what is and isn’t currently funded.

The Taumatamakuku PIP and its process are not only presented to you for informational purposes, but also as an example of the work possible when ‘community led development’ successfully intersects with multi-agency approaches that are undertaken from an ‘enabling’ standpoint and in good faith.

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

No immediate financial implications or need for budget provision. Future financial implications and need for budget provision are outlined in the attached TPIP report, Section 04 – The Implementation Plan, pages 16-21.

Āpitihanga / Attachments

1. Taumatamakuku Placemaking and Implementation Plan - October 2022 - A3995282 ⇩

Applicant	Project	Requested	Recommended	Comments	Community Outcome(s)	Type
Ngā Purapura Festival	Ngā Purapura Festival 2023	$4,373	$4,373	This application was considered at the November 2022 meeting by the Board. The Board choose to leave this item to lie on the table as they had further questions in regard to the application and the applicant was unable to make it to the meeting. This is an ongoing festival run on a shoestring in Kaeo by volunteers. The applicant applied for Events Investment funding but was declined as this event is a community event, rather than a district event.	i) Communities that are healthy, safe, connected and sustainable ii) Proud, vibrant communities	Event
National Street Rod Association Northland	Cruz’n the Bayz 2023	$13,277	$6,417	This is a first-time event for Northland similar to Beach Hop in Whangamata – however at a larger scale as it will move around the Bay of Islands and Kaikohe and happen over 3 days. The applicant has also applied to the Kaikohe-Hokianga Community Board for funding for this event. The amount recommended is based on funding for the equipment hire and operational costs.	i) Proud, vibrant communities	Event
The centre At Kerikeri (Turner Centre)	Kanikani Katoa with Hot Potato Band	$13,050	$7,000	This is the first time this type of event to be run at the Turner Centre – in a long time. First of its kind being that this event a free music event and will be held in plaza area of the Turner Centre instead of stage show format that Turner Centre is known for. By holding it in the plaza area, this means that up to 1000 people can come and experience this event – for free.	i. Communities that are healthy, safe, connected and sustainable. ii. Proud, vibrant communities	Event