Te Kaunihera o Tai Tokerau ki te Raki

 

 

AGENDA

 

Ordinary Council Meeting

 

Thursday, 15 December 2022

Time:

10:00 am

Location:

Council Chamber,

Memorial Ave,

Kaikohe

 

Membership:

Kahika - Mayor Moko Tepania - Chairperson

Kōwhai - 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

15 December 2022

 

 

 

 


Ordinary Council Meeting Agenda

15 December 2022

 

Far North District Council

Ordinary Council Meeting

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

Thursday 15 December 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. 15

6.1            2022 Far North District Council Governance Structure. 15

6.2            Setting of Remuneration for Councillors for the 2022-2025 Triennium.. 28

6.3            District Licensing Committee Appointments. 31

6.4            Setting of 2023 Meeting Schedule. 41

6.5            Turner Centre Stormwater Catchment 49

6.6            Road Maintenance of the upper section of Road - Peninsula Parade, Hihi 54

6.7            NTA Recommendation to Award the FNDC Contract 7/22/159 - Emergency Works Slip - Fairburn Road. 69

6.8            Three Waters Reform 'Better Off Funding' Programme. 76

6.9            Temporary Road Closure Rosemay Lane – Waipapakauri Concert 79

6.10          NTA - Increase in total value Contract 7/22/150 - FNDC Slip Repairs Suite 01. 83

6.11          Temporary 60kph Speed Limit on Kerikeri Road. 90

6.12          Temporary Road Closure for Waitangi Day 2023. 98

7          Information Reports. 102

7.1            Community Board Updates November 2022. 102

7.2            Elected Member Report - New Zealand Future Roads Conference 2022: Claudelands Hamilton. 121

7.3            Council Action Sheet Update December 2022. 130

8          Te Wahanga Tūmataiti / Public Exclude. 145

8.1            Confirmation of Previous Minutes - Public Excluded. 145

8.2            Consent to acquire the land and easements surrounding the bore at Monument Hill 145

8.3            Naicker v Far North District Council Mediation. 145

8.4            Funding Proposal for Regional Multi-Agency Emergency Coordination Centre. 146

9          Karakia Whakamutunga / Closing Prayer. 147

10       Te Kapinga Hui / Meeting Close. 147

 

 


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

•        Paula Beck representing Save Opua’s Soul (SOS) -  Puketiti

•        Lamorna Ahitapu-Rogers  representing Rawhiti Road petition

•        Dallas King representing Te Mauri o Te Wai - Wastewater Treatment for Rawene

4            Ngā Kōrero A Te Kahika / Mayoral Announcements    


Ordinary Council Meeting Agenda

15 December 2022

 

5            Confirmation of Previous Minutes

5.1         Confirmation of Previous Minutes

File Number:           A3970398

Author:                    Joshna Panday, 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 10 November 2022 Council meeting and 23 November 2022 Extraordinary meeting as a true and correct record.

 

1)  Background

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

2)  Discussion and Options

The minutes of the 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.

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.       2022-11-10 Council Minutes - A3974755

2.       2022-11-23 Council Minutes - A3988040  


 

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

15 December 2022

 


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Ordinary Council Meeting Agenda

15 December 2022

 


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Ordinary Council Meeting Agenda

15 December 2022

 

6            Reports

6.1         2022 Far North District Council Governance Structure

File Number:           A3978939

Author:                    Aisha Huriwai, Team Leader Democracy Services

Authoriser:             Janice Smith, Acting General Manager - Corporate Services

 

Take Pūrongo / Purpose of the Report

This report is to provide the Council with a Governance Structure for adoption for the 2022-2025 triennium.

WhakarĀpopoto matua / Executive Summary

·    Council discussed their priorities and interests during a workshop held on 23 November 2022.

·    This report seeks the:

§ Establishment of three (3) Committees of Council.

§ Adoption of terms of reference for Te Miromiro – Assurance, Risk and Finance Committee

§ Membership of each committee, including the appointment of an independent Chair to Te Miromiro – Assurance, Risk and Finance Committee. 

§ Adoption of five (5) portfolios.

§ Membership of the portfolios.

§ Appointments to external bodies.

§ Adoption of a Reo Māori name for the Executive Review Committee established at the last Council meeting.

 

tŪtohunga / Recommendation

a)   That Council establish the following committees:

i.    Te Miromiro - Assurance, Risk and Finance Committee

ii.   Te Kuaka – Te Ao Māori Committee

iii.  Te Pīpīwharauroa - External Members Appointment Committee

b)   That Council adopt the attached terms of reference for Te Miromiro - Assurance, Risk and Finance Committee

c)   Appoint Councillors …………………………. (as Chair), ……………………. and ………………… to the Te Pīpīwharauroa – External Members Appointment Committee

d)   That Councillors be appointed as the following portfolio holders:

i.    Communications - (Councillors Vujcich and Rākena)

ii.   Reform - (Councillors Halkyard-Harawira and Foy)

iii.  Waters - (Councillors Radich and Kleskovic)

iv.  Transport - (Councillors Court and McNally)

v.   Housing - (Deputy Mayor Stratford and Councillor Kapa)

e)   That the following members be appointed to external organisations, as follows:

Northland Regional Transport Committee

1.
(member)

1.
(alternate)

Te Oneroa a Tōhē Beach Board

1. Mayor Moko Tepania
2.



Joint Climate Change Adaptation

1.
(member)

1.
(alternate)

Joint Regional Economic Development

1.

2.

-

Mayoral Taskforce for Jobs

Mayor Moko Tepania

1.
(alternate)

Creative Communities Funding Assessment Committee

1.

1.
(alternate)

Kaikohe Library & Civic Hub Steering Group (KLCHSG)

1.

2.

3.

-

Turner Centre

Councillor Kapa

-

Ngakahu Steering Group

1.

2.

3.

4.

-

Cycle Trail Trust

1.

2.

-

Road Controlling Authority Forum

1.

-

North Chamber

1.

-

 

f)    That the Executive Review Committee be renamed Te Huia – Executive Review Committee.

 

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 has opted not to exercise this power so this report is provided to Council to establish the Committees, confirm the Membership and Chairpersons.

The Far North District Council recognises that Committees are not the only method of enabling good governance. Far North District Council encourages governance oversight by the following means:

Committees

A local authority may establish a Committee and provide that Committee with delegations to make decisions on its behalf. Terms of Reference should be adopted for each Committee to clarify its role, responsibilities and membership.

The External Members Appointment Committee remit is to manage the process of recruiting external expertise to Committees of Council under the Appointment of Non-Elected Members (Appointed Members) to Committees of Council policy (including that of the Independent Chair of Te Miromiro – Assurance, Risk & Finance Committee).  The final decision on appointments is to be made by Council.

 

The Executive Review Committee was established by Council on 23 November 2022.

 

Portfolios

Portfolios are a method that provides a mechanism for an elected member to be a governance champion of an activity of regional or national significance. The portfolio holder will champion a subject and report to other members through their members report.

A Portfolio Holder will:

·    Raise awareness of matters of National/Regional importance that requires advocacy at the governance level.

·    Act as the Council’s spokesperson for matters relating to the portfolio with the support of officers.

·    Provide strategic guidance in respect of issues relating to the portfolio

·    Maintain a “no surprises” approach for elected members and staff

·    Collaborate with other Portfolio holders where objectives are shared

·    Lead community engagement processes relating to the portfolio including attending external appointments

·    Each Portfolio Holder shall be responsible for keeping their colleagues informed through members reports

External Appointments/ Steering Groups or Working Parties

Those appointed to bodies outside of Council act as the spokesperson on matters of local, district, regional or national significance.  Some appointments are legislatively required, some are part of a regional agreement, MOU or by invitation. 

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Committees

The Mayor and Deputy Mayor along with officers, developed a strawman structure along with proposed delegations, and held a discussion with Councillors at a workshop on 23 November 2022.

This report seeks the establishment of three (3) further standing committees of Council (noting that the Executive Review Committee has already been established):

1.   Te Miromiro - Assurance, Risk and Finance Committee           

2.   Te Kuaka – Te Ao Māori Committee

3.   Te Pīpīwharauroa  - External Member Appointment Committee

The membership of Te Miromiro – Assurance, Risk and Finance Committee and Te Kuaka Committee has been drafted based on full membership to ensure Council oversight.  

Te Miromiro - Assurance, Risk & Finance Committee

The terms of reference for Te Miromiro – Assurance, Risk and Finance Committee will remain the same, with minor administrative adjustments as highlighted during the workshop.  It will have an Independent Chair, for which the process to interview and recommend a suitable candidate will start in the new year with the newly formed External Members Appointment Committee.  Interviews will occur late January for a February decision of Council.

A Miromiro (Tomtit) has a keen eye for detail. He kanohi hōmiromiro - to have the eyes of a Tomtit is a metaphor used to ensure attention to detail.

Te Kuaka – Te Ao Māori Committee

This report recommends the establishment of Te Kuaka – Te Ao Māori Committee however there are currently no terms of reference for adoption. Terms of Reference stipulate the purpose, delegations, and membership of a committee. While there was a brief discussion at the Council workshop about Te Kuaka – Te Ao Māori Committee, a clear purpose and list of objectives have not been drafted to form a complete and robust terms of reference.

It is recommended that a workshop be held in 2023 to discuss this further.

The background to this name comes from the narrative of the Kuaka (Godwit) being a harbinger of resilience due to its ability to travel long distances to reach its final destination (me manawa Kuaka - have the heart of a Godwit).

Kuaka also travel in huge flocks - strength in unity to achieve purpose. 

 

Te Pīpīwharauroa - External Members Appointment Committee

Te Pīpīwharauroa - External Members Appointment Committee will report directly to the Council.

In this triennium Te Pīpīwharauroa - External Members Appointment Committee will be established as a Standing Committee and not a Subcommittee.  As such, Te Pīpīwharauroa - External Members Appointment Committee will undertake responsibility for advertising, interviewing and recommending the individual appointments to Council in accordance with the policy. 

In setting the membership of the Te Pīpīwharauroa - External Members Appointment Committee, elected members must consider the most appropriate membership to meet the requirements of all Committees that may require external appointment.  The initial appointment will centre on the Independent Chair of Te Miromiro – Assurance Risk and Finance Committee, and possibly the Executive Review Committee.

In Te Ao Māori a Pīpīwharauroa (Shining Cuckoo) is recognised as the “bearer of news”. Furthermore, as is the nature of the Cuckoo, it lays its egg in the nests of other birds to be raised and nurtured, a metaphor for our Council’s Committees.

Te Huia - Executive Review Committee

At the 23 November 2022 Council meeting the Executive Review Committee was adopted.

This report recommends a renaming of the Executive Review Committee to align with the other Committees that have native New Zealand bird names in Te Reo Māori with the English name to follow.

A Huia is a bird of the highest esteem in Te Ao Māori and greatly revered. It is synonymous with  great leaders and leadership.

Portfolios

As part of workshop discussions Councillors have discussed who may hold portfolios. This report seeks appointments for five portfolios with 2 members for each portfolio:       

1.   Communications:       Councillors Vujcich and Rākena

2.   Reform:                      Councillors Halkyard-Harawira and Foy

3.   Waters:                       Councillors Radich and Kleskovic

4.   Transport:                   Councillors Court and McNally

5.   Housing:                     Kōwhai-Deputy Mayor Stratford and Councillor Kapa

Portfolio Holders will report to elected members on their activities through their members report to Council.

External Appointments/ Steering Groups or Working Parties

As part of workshop discussions Councillors have discussed a range of external appointments and required memberships.  Members have already been appointed to some external committees however some external bodies have not yet indicated their requirement for governance appointees.  When these are confirmed, a report will be tabled to Council to ensure due process.

Since the workshop, a new appointment has come to light; the appointment of an elected member to North Chamber, which is responsible for supporting the local business community.  In the previous triennium this appointment was held by former member David Clendon.  North Chamber holds its meetings on the fourth Tuesday of every month beginning with a meeting on 20 December 2022.

Appointment to

Membership Required

Northland Regional Transport Committee

1 member + alternate

Te Oneroa a Tohe Beach Board

Mayor plus 1 member

Joint Climate Change Adaptation

 

1 member + alternate

1 iwi/hapū rep + alternate

(Mayor Tepania to request TKOT to appoint iwi/hapū membership)

Joint Regional Economic Development

2 members required

Mayoral Taskforce for Jobs

Mayor + alternate

Creative Communities Funding Assessment Committee

1 member + alternate

Kaikohe Library & Civic Hub Steering Group (KLCHSG)

3 members required

Turner Centre

1 member – Councillor Kapa

Ngakahu Steering Group

4 members required

Cycle Trail Trust

2 members required

Road Controlling Authority Forum

1 person from FNDC (does not have to be an elected member)

North Chamber

1 member

Take Tūtohunga / Reason for the recommendation

To enable effective political decision making at the Far North District Council.

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

There is a financial burden on ratepayers in supporting formal meetings such as staff resourcing in the preparation of papers, travel reimbursement for elected members, printing of agendas, staff time in attending meetings, consumables such as stationery and catering at meetings.

Staff resourcing is covered more in the adoption of the 2023 formal meeting calendar as frequency has a greater impact than structure.

If external appointments are made to committees, Council adopted a policy in 2022 that any external appointments would be remunerated at a rate of $240 per meeting (the position of Chair is set at $300 per meeting) plus travel expenses.  It should be noted that any Appointed Member whose participation on a Committee, Subcommittee, Working Party or External Body who is already remunerated by a government agency, another local authority or private/public interest group is not eligible to receive remuneration under our policy.

Āpitihanga / Attachments

1.       Register of Delegations for Te Miromiro - Assurance, Risk and Finance Committee 2022 triennium - A3592611

2.       Appointment of non elected members (appointed members) to Committees of Council Policy - A3151346  


 

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.

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 conduct 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.

State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.

Establishment of a Komiti Māori, along with our Māori ward Councillors, ensures the voice of mana whenua is taken into consideration in Council or Committee decisions.

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 on any group or identified persons.

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

There are no particular budgetary requirements as a result of this report.

Chief Financial Officer review.

The CFO has reviewed this report


Ordinary Council Meeting Agenda

15 December 2022

 


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Ordinary Council Meeting Agenda

15 December 2022

 


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Ordinary Council Meeting Agenda

15 December 2022

 

6.2         Setting of Remuneration for Councillors for the 2022-2025 Triennium

File Number:           A3951456

Author:                    Caroline Wilson, Manager - District Administration

Authoriser:             Janice Smith, Acting General Manager - Corporate Services

 

Take Pūrongo / Purpose of the Report

Confirm the allocation of the remuneration pool for the Remuneration Authority’s approval.

WhakarĀpopoto matua / Executive Summary

·      The Remuneration Authority (the Authority) set the levels of remuneration for elected officials throughout New Zealand.

·      The Authority’s determination sets the remuneration for Mayor, Community Board Chairpersons and Community Board members.

·      As part of the determination, the Authority set the minimum base salary for Councillors, and an additional pool to allocate the remuneration for Councillors from.

·      The pool is set at $890,157 to allocate the remuneration for Councillors of the Far North District Council.

·      The Mayor has indicated that additional remuneration be allocated to the Deputy Mayor, but that all Councillors will receive the same remuneration, regardless of additional responsibilities.

·      The pool must be fully allocated.

 

tŪtohunga / Recommendation

That the Council submit the following levels of remuneration to the Remuneration Authority for approval:

·         Deputy Mayor (1)                                  $125,022

·         Councillor base salary (9)                   $  85,015

 

1) TĀhuhu kŌrero / Background

In New Zealand the remuneration for elected officials is determined by the Remuneration Authority on behalf of Central Government and is based on population. The Authority releases an annual determination which prescribes the amount elected officials will receive for their public service.

As outlined in the Authority’s 2022/23 determination the Mayor will be remunerated at $162,879 per annum. This remuneration is in addition to the pool.  The base remuneration (minimum remuneration) for a Councillor is $64,660.  There is $890,157 to be distributed between the 10 Councillors, including the Deputy Mayor, unless the Council delegates significant responsibility to Community Boards.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

In previous triennia, Council has adopted a governance structure (committees) where the chairs of committees have received increased remuneration to reflect their additional responsibilities.   Other members of committee were remunerated at the base Councillor level agreed by the Council and gazetted by the Authority.  When setting remuneration around a governance structure, an outline of position descriptions for the additional responsibilities is required for the Authority to make their final determination.

In this triennium, the Mayor has indicated that he does not wish to remunerate for additional responsibilities, other than for the position of Deputy Mayor. 

The Mayor is also considering increases to Community Board delegations, with the potential for increased remuneration for additional responsibilities for the 2023-24 financial year.   If this were to eventuate, this would result in the need to review the remuneration for Councillors and Deputy Mayor.

Option 1 – adopt increased remuneration for all Councillors and Deputy Mayor

In this option, the recommendation of the report would be adopted.  The Deputy Mayor will be paid $125,022 per annum for the responsibilities associated with being a deputy mayor (this is an increase to the previous triennium at $120,397).  These responsibilities include being across all mayoral activities, agenda previews, and acting on behalf of the Mayor in his absence.  

All Councillors will receive the base rate of $85,015 per annum regardless of whether they appointed as chair of a committee or undertake portfolio responsibilities (this is an increase from the previous triennium’s “no additional responsibilities” rate at $75,162).   Pay will be backdated for the Councillor base rate from the 15th October 2022, being the day after the official declaration of results.  The position of the deputy mayor will be backdated to the date of the decision made at the Inaugural Council meeting on 27 October 2022, by the Mayor using his powers under the Local Government Act.

In this model, the pool has been fully allocated.

This is the recommended option.

Option 2 – delay decision to determine remuneration

In this option, the recommendation would not be adopted and would require a further report in due course.  The implications of not adopting remuneration means that members would receive the base remuneration until such a time as Council resolves otherwise (including the role of the deputy mayor).   The Authority will consider new proposals during the triennium, which typically take three months from the Authority being advised, to being gazetted and able to be backdated to the date of the decision made by Council. 

This is not the recommended option.

Take Tūtohunga / Reason for the recommendation

To allocate the pool of remuneration for elected members.

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

While the Authority set the remuneration levels, they do not provide the budgets. Remuneration is paid from existing operational budgets.

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

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 Remuneration Authority act in accordance with the Local Government Act 2002 and the Remuneration Authority Act 1977.

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

 

This is a matter of district 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 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 impact any persons identified by legislation.

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

There are no financial implications or need for budgetary provision.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.


Ordinary Council Meeting Agenda

15 December 2022

 

6.3         District Licensing Committee Appointments

File Number:           A3972557

Author:                    Rochelle Deane, Manager - Environmental Services

Authoriser:             Jacine Warmington, Manager - Community and Customer Services

 

Take Pūrongo / Purpose of the Report

To appoint members to the Far North District Licensing Committee (DLC) post-election.

WhakarĀpopoto matua / Executive Summary

·        This report recommends the appointment of a post-election DLC.

·        The current DLC’s contracts expire 19 December 2022.

·        Council approval is required to review and renew these contracts for a three-year term to 19 December 2025 with a right of renewal for an additional three-year term to December 2028, if considered appropriate.

·        The Council currently has a pool of six DLC members, including two elected members, with Deputy Mayor Kelly Stratford appointed as DLC Chairperson and Councillor Ann Court as DLC Deputy Chairperson.

·        The current Council needs to confirm these appointments.

 

tŪtohunga / Recommendation

That Council:

i)      Appoint …………………….. as Chair of the District Licensing Committee;

ii)     Appoint ……………………..as Deputy Chair of the District Licensing Committee;

iii)    The Committee members that become the pool from which the Chairperson allocates two members to attend District Licensing Committee hearings as required are: Martin Macpherson, Murray Clearwater, Stewart Wright and Kirsty Parsonson;

iv)    Agree that the term of appointment of members of the District Licensing Committee is a period of three years, ending upon the appointment of the post 2025 election District Licensing Committee

v)     OR that Councillor Ann Court is appointed as Acting Chair of the District Licensing Committee if Council requires further time to consider the composition of the Committee. Where a further report will be brought to the March Council meeting.

 

 

1) TĀhuhu kŌrero / Background

Under the Sale and Supply of Alcohol Act 2012 (the Act), each council must have at least one District Licensing Committee (DLC) to consider alcohol licensing matters in its area.

As per section 200(1) of the Act, A DLC is a committee of Council and is administered by the Council. A DLC is an independent inquisitorial and impartial body and operates differently from all other Council committees. A key difference is that in DLC hearings the parties have the right to call, examine and cross-examine witnesses, in addition, DLC’s are not required to publicise or run their meetings in the same way as other Council committees.

The Far North DLC was established in 2013 to meet the requirements of the new Act.

The current DLC’s contracts are due to expire on 19 December 2022.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The DLC decide applications for:

·    New and renewal applications for on-, off- and club licences

·    Special licences

·    New and renewal applications for manager’s certificates

·    Opposed acting or temporary appointments of managers

·    Variation of licence conditions

·    Temporary authorities and temporary licences

·    Orders to vary, revoke, suspend or cancel a special licence.

Composition of the DLC

A DLC must be made up of (Quorum of three):

·    A Chairperson who is an elected member of the territorial authority, or a commissioner appointed to the Chief Executive of the territorial authority

·    Two committee members

The Chairperson must be either an elected member or commissioner. A commissioner is not defined but the Council may only appoint a person as a commissioner if that person is of good standing in the community and has the necessary knowledge, skill, and experience relating to matters that are likely to come before the committee. It is not to be confused with the role of commissioners under the Resource Management Act 1991 (RMA), but that is not to say that the appropriate expertise cannot reside with an existing RMA commissioner.

The only qualifications for approved committee members are that they have relevant experience and that they cannot be involved in the alcohol industry to the extent that they cannot perform their duties without bias or the appearance of bias, for example a Police Officer, a Medical Officer of Health, Alcohol Licensing Inspector or an employee of Council.

It is also essential that all DLC Members are familiar with basic te reo (language), pronunciation, and tikanga (customs) and more specifically, that Chairs should have basic understanding of te reo and tikanga so that they are able to run and manage hearings effectively and appropriately (as required).

Councils can appoint DLC members, chairs and commissioners for up to five years. They can be reappointed for one or more periods of up to five years.

A DLC member can resign at any time and can be removed for inability to perform functions, neglect, bankruptcy or misconduct.

Chairs who were appointed to the DLC as an Elected Member of Council cannot remain on the DLC if they are no longer an elected member of the Council. However, the Council could choose to reappoint them as a commissioner if the individual has the knowledge, skills and experience relating to matters that are likely to come before the committee.

The table below provides good practice guidance on essential and desirable knowledge, skills and experience for DLC Chairs and commissioners (C) and DLC members (M):

Table

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Table

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Council’s current Chairperson and committee members are:

·         Chairperson - Kelly Stratford (Deputy Mayor)

·         Deputy Chairperson – Ann Court (Councillor)

·         Murray Clearwater - Member

·         Martin Macpherson – Member

·         Stewart Wright – Member

·         Kirsty Parsonson – Member

All current members have confirmed that they would like to remain on the committee, except for DLC Chairperson, Deputy Mayor Stratford who has confirmed that she wishes to resign from the committee.

All current members have attended relevant DLC training since their appointment.

Council is responsible for resourcing and supporting DLC’s so that they can fulfil their obligations under the Act effectively and therefore new and existing DLC members will be offered relevant training during their term.

To ensure the DLC continues to have the right mix of skills reflecting the needs and skills of the community and Council, an advertisement was placed on the Councils website seeking expressions of interest for DLC members. Due to the limited timeframe required to screen and interview these applicants, an update will be provided to Elected Members at the December Council meeting.

The legislation relevant to this discussion from the Sale and Supply of Alcohol Act 2012 is listed below:

189 Composition of licensing committees

(1) Each licensing committee consists of 3 members appointed by the territorial authority for that territorial authority’s district.

(2) A territorial authority must appoint 1 member as the chairperson and that person must be a member of that territorial authority or a commissioner appointed to the licensing committee.

(3) A territorial authority may appoint a member of that territorial authority to be deputy chairperson, and act in place of the chairperson if the chairperson is unable to act because of illness or absence from New Zealand, or for other sufficient reason.

(4) While acting in place of the chairperson, the deputy chairperson is a member of the committee and has all the powers and duties of the chairperson.

(5) No act done by the deputy chairperson serving as acting chairperson in the chairperson’s absence, and no acts done by the committee while the deputy chairperson is so serving, can in any proceedings be questioned on the ground that the occasion for his or her so serving had not arisen or had ceased.

(6) The other 2 members of each licensing committee must be appointed from the territorial authority’s list maintained under section 192.

(7) For the purposes of subsection (2), a member of a territorial authority means an elected member of a territorial authority and, in relation to the Auckland Council, includes a member of the governing body (as defined in section 4 of the Local Government (Auckland Council) Act 2009) or a member of a local board established under section 10 of that Act.

192 Territorial authority to establish and maintain list of licensing committee’s members

(1) A territorial authority must either—

(a) establish, maintain, and publish its own list of persons approved to be members of the territorial authority’s licensing committee or committees; or

(b) together with 1 or more other territorial authorities, establish, maintain, and publish a combined list of persons jointly approved by those authorities to be members of the territorial authorities’ licensing committees.

(2) A territorial authority must not approve a person to be included on the list unless that person has experience relevant to alcohol licensing matters.

(3) A person may be approved for inclusion on the list for a period of up to 5 years and may be approved for any 1 or more further periods of up to 5 years.

(4) The name of a person must be removed from the list—

(a) when 5 years have elapsed since the territorial authority approved the person’s name on the list unless the approval is renewed under subsection (3); or

(b) if the person resigns or is removed under section 194.

(5) A person must not be included on the list if—

(a) the territorial authority believes that person has, directly or by virtue of his or her relationship with another person, such an involvement or appearance of involvement with the alcohol industry that he or she could not perform his or her duties without actual bias or the appearance of bias; or

(b) the person is a constable, a Medical Officer of Health, an inspector, or an employee of the territorial authority.

193 Appointment of commissioners

(1)     The chief executive of a territorial authority may, on the recommendation of the territorial authority, appoint a commissioner or commissioners to any of the territorial authority’s licensing committees and any person so appointed has all the functions, powers, and duties of the chairperson of the licensing committee.

(2)     The chief executive may only appoint a person as a commissioner if that person is of good standing in the community and has the necessary knowledge, skill, and experience relating to matters that are likely to come before the committee.

(3)     A person must not be appointed as a commissioner if—

(a) the territorial authority believes that person has, directly or by virtue of his or her relationship with another person, such an involvement or appearance of involvement with the alcohol industry that he or she could not perform his or her duties without actual bias or the appearance of bias; or

(b)the person is a constable, a Medical Officer of Health, an inspector, or an employee of the territorial authority.

(4)     A commissioner appointed under this section holds office for a term, stated when the commissioner is appointed, of up to 5 years and may be reappointed for 1 or more further periods of up to 5 years.

Option 1 (Preferred Option): Status quo - The adoption of the DLC composition with Elected Members and committee members

Advantages

Disadvantages

·    Councillors are neutral, local, know the District and are experienced in high level decision-making

·    The status quo has worked well to date

·    The Chair is an Elected Member, as part of their normal commitments for Council/Committee meetings as they are much more accessible to the DLC Administrator

·    Some other DLC’s in New Zealand have specialist commissioners and / or list members. Councillors may not have the level of technical alcohol licensing knowledge as a specialist, and to an extent may rely on staff for technical support

·    May restrict Elected Members being able to advocate more broadly for their community on alcohol issues

Option 2: The adoption of the DLC composition with no Elected Members

Advantages

Disadvantages

·    Such a DLC would have a greater level of alcohol licensing knowledge, and so may have little reliance on staff for technical assistance

·    Commissioners as Chairs and community members as list members

·    Can de-politicise the process, emphasising the independence and separation of the DLC from Elected Members

·    Allows Elected Members to advocate more broadly for their community on alcohol issues, ensuring no conflict of interest

·    No particular disadvantages unless such a DLC had no local members

 

Take Tūtohunga / Reason for the recommendation

Legislation requires that Council appoint a DLC.

It is a statutory requirement to have a District Licensing Committee.

This report recommends option 1, as this has been the preferred DLC composition since the DLC was established in 2013 and has served the District well.

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

DLC member fees have been determined under the Cabinet approved Fees Framework and approved by the Minister of Justice and will be offset by fees and charges which have also been set by the Ministry.

Remuneration of DLC Members

As determined by the Minister of Justice in accordance with the Cabinet fees framework, DLC members will receive the following remuneration:

• Chairperson: $624 per day ($78 per hour for part days)

• Other members: $408 per day ($51 per hour for part days).

DLC members will also be reimbursed for reasonable expenses.

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,

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

o   Assess the options in terms of their advantages and disadvantages; and

o   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.

·        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.

The District Licensing Committee is a legislative requirement requiring that Council appoint and establish a committee.

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 / Legislative Requirement.

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.

Legislative Requirement.

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.

There is budgetary provision in the 2021-2031 Long Term Plan and the current Annual Plan.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 


Ordinary Council Meeting Agenda

15 December 2022

 

6.4         Setting of 2023 Meeting Schedule

File Number:           A3980802

Author:                    Rhonda-May Whiu, Democracy Advisor

Authoriser:             Janice Smith, Acting General Manager - Corporate Services

 

Take Pūrongo / Purpose of the Report

To provide meeting and workshop dates for 2023 Council and Committee meetings to Council for adoption.

WhakarĀpopoto matua / Executive Summary

·      The attached draft calendar of dates for formal Council, Committee meetings and reserve days for training and workshops.

·      Regional and national dates have also been included on the attached schedule as information.

·      Council and its Committees will meet on a 4-weekly cycle (not every meeting will meet at every cycle)

·      Council and Committee formal meetings have been aligned with Maramataka

·      Reserve dates have been identified as dates to keep for Council business as required (workshops, briefings, training sessions and extraordinary meetings)

·      Community Board meetings are excluded awaiting confirmation of Council and Committee dates

tŪtohunga / Recommendation

That Council adopt the following 2023 meeting dates:

Council

Te Huia - Executive Review Committee

Te Kuaka – Te Ao Māori Committee

Te Miromiro – Assurance, Risk and Finance Committee

9 February

23 February

23 February

22 February

9 March

18 April

21 March

27 April

6 April

16 May

18 April

25 July

4 May

13 June

16 May

31 October

1 June

11 July

13 June

 

29 June

8 August

11 July

 

3 August

7 September

8 August

 

24 August

3 October

7 September

 

21 September

1 November

3 October

 

19 October

28 November

1 November

 

31 October

 

28 November

 

16 November

 

 

 

7 December

 

 

 

 

And that Council note the following 2023 Reserve dates

·      January 31

·      February 1, 8, 21, 28

·      March 8, 22, 23, 29

·      April 5, 19, 20, 26

·      May 2, 17, 23, 25

·      June 14, 20, 22, 27

·      July 12, 19, 20

·      August 9, 16, 17, 22

·      September 5, 12, 13, 19

·      October 4, 11, 12, 17

·      November 7, 9, 14, 29

·      December 6

 

1) TĀhuhu kŌrero / Background

It is good practice across New Zealand for a Council to set its Formal Meeting Calendar a year in advance.  In scheduling meetings and the frequency, Councillors should be mindful of the following principles:

·    Meetings should be necessary for the good governance of its region or district.

·    Meetings should promote the open and public transaction of business at meetings.

·    Councillors are considered to be in a part time role of which attendance at formal meetings is only a small portion of the role. Consideration needs to be given to balancing workloads and non-Council commitments.

The proposed schedule includes ‘reserve’ dates for additional Council commitments such as workshops, training, extraordinary meetings or briefings to enable elected members to plan their varying commitments and in recognition that workshops are a beneficial tool to engage on technical or complex issues where staff require some indication on direction.

Council resolved in December 2019 not to conduct meetings on 28 October each year in recognition 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.

Council had a wānanga (workshop) on 23 November 2022 with esteemed Maramataka expert Matua Rereata Makiha who explained the benefits of following the moon cycles. Meeting dates have been proposed to take place on days aligned for better decision making.

Community Board meetings are excluded from the schedule and a report will be provided to each board to confirm their 2023 meeting dates.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

In setting the 2021 meeting calendar Council adopted to hold 11 Council meetings and 42 Committee meetings. During the year an additional 10 extraordinary meetings were held.

For the year of 2022 Council adopted to hold 10 Council meetings, 29 Committee meetings and held an additional 6 extraordinary meetings. 

Scheduling meetings more frequently may result in a reduction of extraordinary meetings which should be considered a positive step.

This report proposes the majority of meetings be held on a 4-weekly cycle. Te Miromiro – Assurance, Risk and Finance is recommended to meet quarterly. Three further exceptions are proposed and listed in the table below:

Meeting

Rationale

3 August Council

Pushed back one week to due to the LGNZ conference

31 October Council

For adoption of the Annual report

7 December Council

Brought forward one week

It is proposed that meetings be held on a 4 week cycle with the above variations. All dates are selected in an attempt to align with Maramataka to support good decision making.

Community Boards under legislation set their own meeting dates around Councils. Reports will be tabled at each Community Board December meeting to adopt meeting dates for 2023.

This report recommends that all meeting in the schedule be held at Far North District Council headquarters in Kaikohe. The Far North District Council does not own any suitable buildings elsewhere. While it is possible, hosting meetings elsewhere comes with an increase in cost and cannot be supported to the same level that is possible at headquarters (i.e livestreaming). If there is a desire to hold meetings elsewhere consideration needs to be given to what value this would add to the decision-making process.

The report recommends the adoption of dates for Te Kuaka – Te Ao Māori Committee. While the Committee can’t hold meetings without a terms of reference this report recommends the dates be adopted to hold times in everyone’s calendar, and for the dates to be used to workshop the development of the terms of reference until adopted by Council.

Please note, additional time may be required outside of this schedule for extraordinary, urgent matters. 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. If and when dates are not required staff will endeavour to provide timely cancellations.

Take Tūtohunga / Reason for the recommendation

To adopt a schedule of meetings and reserve days for the 2023 calendar year.

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

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

The cost in supporting meetings varies depending on the number of staff in attendance, the location and the duration of the meeting. These costs are charged out across the organisation making it difficult to report an exact “per meeting” figure.

While the frequency of meetings is proposed to increase from previous years the total number of meetings requiring support from staff are reduced.

Attachments

1.       Draft 2023 Calendar - A4005034  

 


 

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.

 

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 CFO has reviewed this report.

 



Ordinary Council Meeting Agenda

15 December 2022

 


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Ordinary Council Meeting Agenda

15 December 2022

 

6.5         Turner Centre Stormwater Catchment

File Number:           A3968812

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

Authoriser:             Blair King, Chief Executive Officer

 

Take Pūrongo / Purpose of the Report

The purpose of this report to inform Elected Members of the storm water capacity risk for the Turner Centre sub-catchment in Kerikeri and obtain approval for funding to undertake work to prepare a proposal to mitigate this risk.

WhakarĀpopoto matua / Executive Summary

·        Council have undertaken modelling of the Turner Centre storm water sub-catchment in Kerikeri

·        This modelling has indicated that elements of the existing reticulation is at capacity

·        Overland flow paths have also been compromised by historic development

·        There is a risk of storm water flooding during a 1 in 10-year and 1 in 100-year storm event

·        The proposal is to commence a project to mitigate this risk.

 

tŪtohunga / Recommendation

That Council:

a)      Notes the storm water flooding risk within the Turner Centre sub-catchment

b)      Approves a budget of $200,000 to progress a design to mitigate this risk through a future physical works contract

c)      Approves the direct appointment of Trine Kel to undertake the design work.

d)      Approves the inclusion of a capital works budget of $2m for physical works in the 2023/2024 Annual Plan.

 

1) TĀhuhu kŌrero / Background

Kerikeri has historically been growing and continues to expand in size with development of green field sites and intensification.

Staff have been reviewing the infrastructure implications of a proposed 10 lot commercial sub-division located at 31 Hobson Avenue (to the rear of Cathay Cinema). It has been identified that the stormwater overland flow paths and reticulation directly downstream are at capacity even before this development has been built.

Stormwater within this sub-catchment (Attachment 1) is managed by way of a primary (reticulated network) and secondary overland flow path system. The primary system is designed to convey the 10% Annual Exceedance Probability (AEP) (1 in 10-year flood), and the secondary system to convey the 1% AEP (1 in 100-year flood). Historic development within the sub-catchment has, in some areas, obstructed or removed the secondary overland flow paths.

The whole sub-catchment has been modelled, noting the potential for further development and the potential implications of climate change, through to the existing outfall at the Wairoa Stream.

Northland Regional Council have identified the area as a flood hazard.

Figure 1- 1% AEP flood Model NRC Flood Hazards

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The sub-catchment modelling undertaken has been based on a 1 in 10-year and a 1 in 100-year event storm, allowing for potential land-use intensification and the infilling of vacant lots, alongside an allowance of 20% for climate change as required by Council’s Engineering Standards.  The results of the modelling identify the potential for storm water flooding during a 1 in 10-year and 1 in 100-year storm event in the catchment, including flooding through the Oakridge retirement village and the Turner Centre. The proposal is now to initiate a project to mitigate this risk.

The design project will refine and test assumptions made during modelling, undertake a detailed topographical survey, obtain required consents and deliver a design that can subsequently be used to procure physical works.

However, any project to upgrade underground reticulation and overland flow paths in a largely residential area of Kerikeri will be complex and will cause disruption. Accordingly, Early Contractor Involvement will be used during design to identify a working methodology that minimises construction disruption. The design process will be led by Trine Kel, local suppliers who will also be supported by Cook Costello

Subject to Council approval an implementation plan and consultation strategy will be developed.

Take Tūtohunga / Reason for the recommendation

Approval of the recommendation will enable a design to be progressed to mitigate the risk of storm water flooding within the Turner Centre sub-catchment.

This project was not identified during the preparation of the current Long-Term Plan or Annual Plan. It is therefore unbudgeted expenditure and is beyond the Delegated Financial Authority of staff. Council approval is therefore required for this project to progress.  

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

Council holds a storm water reserve budget that is sufficient to accommodate the cost of the design work to support a future physical works contract for storm water improvements to the Turner Centre sub-catchment. If approved no additional capital funding will need to be identified.

Āpitihanga / Attachments

1.       Turner Centre Sub-Catchment Locality - A3972098  


 

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 significance

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.

 

Local 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.

This funding proposal is for design only and not physical works. The design process will include consultation.

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).

No immediate impact as a result of the current decision. Should the project proceed to physical works then there will be construction impacts on local residents.

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

Budget is available in the storm water reserve fund.

Chief Financial Officer review.

The CFO has reviewed this report.

 


Ordinary Council Meeting Agenda

15 December 2022

 


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Ordinary Council Meeting Agenda

15 December 2022

 

6.6         Road Maintenance of the upper section of Road - Peninsula Parade, Hihi

File Number:           A3969695

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

Authoriser:             Blair King, Chief Executive Officer

 

Take Pūrongo / Purpose of the Report

The purpose of this report is to obtain a Council resolution for the inclusion of the upper unsealed section of Peninsula Parade, Hihi RP517-810m, additional length of 293m into the schedule of FNDC-maintained roads.

WhakarĀpopoto matua / Executive Summary

·        FNDC maintains the sealed section of Peninsula Parade, Hihi RP0-517m.

·        The upper unsealed section of Peninsula Parade, RP517-810m is in part an unformed legal road that was dedicated as legal road reserve in 2004.

·        This section of road has been formerly vested in Council", with the official status of Peninsula Parade Extension (Lot 4) subsequently confirmed as an unmaintained legal road by way of Sec 111 Reserves Act.

·        This section of road has not been constructed to FNDC standards, however, is located entirely within legal road reserve (map attached).

·        There is nothing that compels Council to take over the formed road as an FNDC asset.

·        Residents acknowledge the status of the road, but now believe FNDC should begin maintaining it as it provides sole access to several properties and a Council owned reserve.

·        The cost of bringing the section of road up to an appropriate maintenance standard would be $40,000 which is unbudgeted and would not attract Waka Kotahi subsidy

·        FNDC policies provide for Council to either take over the road as a maintained asset or not, at Council’s discretion.

 

tŪtohunga / Recommendation

That Council:

a)      Notes the Northland Transportation Alliance Report dated 8th November 2022 – Road Maintenance of the upper section of Road – Peninsula Parade, Hihi

b)      Approves Option 2: Confirm the inclusion of Peninsula Parade RP517-810m in the schedule of FNDC-maintained roads at the cost to Council to bring it up to standard

c)      Approves unbudgeted capital expenditure of $40,000 to bring Peninsula Parade RP517-810m to an appropriate maintenance standard

d)      Notes the risk of setting a precedent for the request for upgrading other unformed legal roads across the District.

 

1) TĀhuhu kŌrero / Background

FNDC maintains the sealed section of Peninsula Parade, Hihi RP0-517m.

The upper unsealed section of Peninsula Parade RP517-810m is in part an unformed legal road that was dedicated as legal road reserve in 2004 as part of a request by the owners who purchased four separate titles at the end of Peninsula Parade, Hihi.  (Attachments 1 & 2)

This section of road has been formerly vested in Council", with the official status of Peninsula Parade Extension (Lot 4) subsequently confirmed as an unmaintained legal road by way of Sec 111 Reserves Act, however, it has not been constructed to FNDC standards.

It has not been adopted as a Road Asset into the Council’s Road Maintenance List (the list provides details of each road and the specific length maintained and is part of the Road Maintenance Contracts).

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The Northland Transportation Alliance (NTA) has prepared a paper outlining Discussion and Options in the report entitled “Road Maintenance of the upper section of road -Peninsula Parade, Hihi” (Attachment 1).

The NTA have elected in this paper not to make a single recommendation, but instead have set out three options for Council to consider. Each of the options are technically valid against the policies outlined in the compliance schedule, particularly the overarching Policy 4103 – Limits of Council responsibility for formation / maintenance of roads. The issue therefore becomes a political decision.

Council staff have recommended Option 2. Peninsular Parade provides sole access to seven properties and a Council reserve. There is a risk that this decision would set a District wide precedent for other unformed roads, of which there are many across the District. However, in this case, Council is developing a bespoke management plan for the Rangitoto Recreation Reserve. This will encourage greater public use and there is an argument that residents of Peninsular Parade should not be responsible for providing general public access to a Council facility.

The issue Elected Members should consider when arriving at a decision is whether Peninsular Parade can be considered a special case noting the above comments. If they do then Option 2 is valid.

Take Tūtohunga / Reason for the recommendation

To obtain a resolution on the issue of future maintenance of a section of Peninsular Parade, Hihi

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

Should Option 2 be approved, then unbudgeted capital expenditure of $40,000 will be required to bring the section of road up to an acceptable standard.

There will be an on-going increase in operational costs, but these would be minor compared to overall roading maintenance budget.

Āpitihanga / Attachments

1.       Road Maintenance of the upper section of Road - Peninsula Parade, Hihi - A3986496

2.       Attachment 1 - Title_Plan - A3986415

3.       Attachment 2 - LINZ -  Legal Road Parcels- Mangonui - A3986414

4.       Attachment 3 - FNDC Works Committee Agenda  25-02-2000 - A3986416

5.       Attachment 4 - Peninsula Parade Extension - Dedication as Legal Road Inst  6039396.2 - A3986413  

 


 

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

The matter has ‘low significance’ in the context of the policy. It is a localised matter directly affecting a small number of residents and a greater number of visitors/tourists.

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

Council policies in order of relevance are:

4103 – Limits of Council responsibility for formation / maintenance of roads

4105 -Private Roads and Right of Ways

4112 – Community Initiated Infrastructure – Roading Contribution Policy

It is noted that all of the above policies are designated as ‘under review’.

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 roading network…” is a specific exclusion to the delegations to community boards.  Specific community board views on this issue have not been sought.

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

State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.

The decision is of low significance (see above), does not relate to land use, water use, or any change to land or water use.  The decision relates solely to funding of maintenance to an existing asset.  Specific advice has not been sought regarding 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).

The principal affected parties are residents of Peninsula Parade.  Those persons have initiated the process that has led to this report.  Discussions have been held with the initiator to ensure their position is understood and fairly conveyed.

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

Refer to financial implications section of the report. 

Chief Financial Officer review.

The CFO has reviewed this report.

 

 


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6.7         NTA Recommendation to Award the FNDC Contract 7/22/159 - Emergency Works Slip - Fairburn Road

File Number:           A3969943

Author:                    Franz Wagner, Project Manager - Transport and Roading

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

 

Take Pūrongo / Purpose of the Report

To seek Council approval to award Contract 7/22/159 - Emergency Works Slip – Fairburn Road to Donovan Drainage & Earthmoving Ltd.

WhakarĀpopoto matua / Executive Summary

·      The Fairburn Road slip occurred during the heavy rain event in the week of 4 October 2021.

·      The road was repaired temporarily to enable single lane traffic whilst funding was sought through Council and Waka Kotahi to undertake the permanent repair. 

·      A design for the permanent repair has been produced through the Northland Transportation Alliance (NTA) and procurement undertaken in accordance with the Waka Kotahi New Zealand Transport Agency Procurement Manual.

·      In accordance with the Procurement Plan, the preferred tender submission was received from Donovan Drainage & Earthmoving Ltd at a price of $1,148,325.00 + GST.

·      This figure exceeds the Engineer’s Estimate of $831,000.00 + GST and is also beyond current staff financial delegation.

·      Approval is therefore required from Council to award the contract.

 

tŪtohunga / Recommendation

That subject to confirmation by Waka Kotahi regarding the increased subsidy required for this project, Council:

a)   Approve the award of Contract 7/22/159 to Donovan Drainage & Earthmoving Ltd. for a contract value of $1,148,325.00 + GST (one million one hundred and forty eight thousand, three hundred and twenty five dollars and zero cents)

b)   Approve an additional 10% contingency of $115,675.00 + GST to be expended as directed by the General Manager Infrastructure and Asset Management

c)   Delegates authority to the Chief Executive to execute the associated document approval

a.   Contract signing

b.   Supplier recommendation approval

c.   Purchase Order approval

 

1) TĀhuhu kŌrero / Background

The NTA have prepared a paper detailing the background. This is included as Attachment 1.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The increase in the cost of this project over and above the original estimate is a direct result of construction price inflation across New Zealand. This had been previously flagged to Elected Member through a report to the Council meeting held on 11 August 2022 (Paper 7.3 Roading Maintenance and Operations Contract Cost escalation Impacts). The affordability and rising cost issue was also identified to the Assurance, Risk and Finance Committee held on 31 August 2022  (Paper 5.1 Affordability Risk Decision Report). Cost escalation and the need to focus increasing scarce financial resources on core infrastructure has been a reoccurring theme from staff to Elected Members over the past 12 months.

The NTA will have staff present at the meeting to provide a briefing and answer any questions on this report.

The tender validity period of 60 working days for the contract expires on 20 December 2022, and the contract will need to be awarded by council on or before this date.

At the time of writing the report the subsidy required will increase to $872,160.00 to reflect the tender price cost escalation has not been confirmed by Waka Kotahi. The recommendation from staff is dependent upon receipt of the increased subsidy.

Funding for the Local Share will come from the FNDC Emergency Works Roading Reserve Fund which has sufficient available funds of $3 million as at the end of June 2022 (which is an ‘unaudited’ figure). The (external) audit is currently being undertaken by Deloitte as per normal process.

Take Tūtohunga / Reason for the recommendation

Donovan Drainage & Earthmoving Ltd has successfully tendered and completed similar works for the Far North District Council. They completed the works on time and to a high level of quality.

The price received from the conforming tenderer Donovan Drainage & Earthmoving Ltd, exceeds existing staff Financial Delegation levels and requires the approval of Council to be awarded.

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

Emergency Works are generally reactive works that typically become necessary after storm events. These works are subsidised by Waka Kotahi at the current FAR of 69%.

Āpitihanga / Attachments

1.       Contract Award Recommendation Fairburn Road Slip Contract 7-22-159 - A3993048  


 

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 SIGNIFICANCE: Given the advanced project stage and the fact that the decisions being made fall under Schedule 1: Strategic Assets Emergency management activities, Council may choose not to engage the public.

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

·   FNDC’s Financial strategy for 2018-28

·   FNDC’s Infrastructure strategy for 2018-48

·   FNDC’s Risk Management Policy adopted: 29 August 2019

·   Government Procurement Rules

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 FNDC Contract 7/22/159 - EW Slip - Fairburn Rd - (PW) will restore the LoS (Level of Service) to an arterial road of district wide significance. This has gained significance since the closure of SH1 Mangamuka Gorge section.

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 direct implication for Māori has 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).

Restoration of the Level of Service  giving all road users unimpeded access to this roading asset

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

At the time of writing this report the account code 7644.1.1.4922 will be loaded with the appropriate funding for the physical works of the Fairburn Road Slip at RP9668 under Emergency Works.

Chief Financial Officer review.

The CFO has reviewed the report

 

 


Ordinary Council Meeting Agenda

15 December 2022

 


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6.8         Three Waters Reform 'Better Off Funding' Programme

File Number:           A3972698

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

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

 

Take Pūrongo / Purpose of the Report

To confirm the initiatives and projects that are to be included in the application for Three Waters Reform ‘Better Off Funding’.

WhakarĀpopoto matua / Executive Summary

·          The Three Waters Reform ‘Better Off’ package has allocated $35.18 million to the Far North District.

·          Tranche 1 funding of $8.79 million is available now, with an application due with Department of Internal Affairs by the end of 31 December this year (2022).

·          Tranche 2 funding of $26.38 million is the balance of the package. This funding is available from July 2024.

·          A report to the 11 August 2022 Council meeting to consider projects was left to lie on the table pending further discussion of options.

·          Council expressed its wish to partner with Māori in the investment of this funding across the rohe to maximum effect, and with that in mind have held several hui on the topic, both as a collective and separately.

·          A workshop on 8 December (subsequent to finalising this report) reviewed and refined ideas from both partners into the proposed schedule tabled as an attachment to this report.

·          When the list of projects and initiatives is confirmed, staff will finalise an application to the Department of Internal Affairs to access the Tranche 1 funding.

·          The Department of Internal Affairs will subsequently review and approve/refuse all projects submitted in the Funding Agreement.

 

tŪtohunga / Recommendation

That Council:

a)      approve the schedule of Tranche 1 Three Waters Reform ‘Better Off’ Funding projects detailed in Attachment 1.

b)      Delegate to the General Manager Infrastructure and Asset Management authority to:

i)       Complete the Tranche 1 funding application.

ii)      To negotiate and approve the final Tranche 1 funding agreement with the Department of Internal Affairs.

 

1) TĀhuhu kŌrero / Background

In July 2021, the Prime Minister and the Minister of Local Government announced a three waters support package to ensure local authorities are supported through the process, the financial impacts of reform are managed, and that the transition to the new system for delivering three waters services leave the council and its communities in a better position for the future.

The Government allocated the total funding to each territorial authority using a nationally consistent formula taking into account population, relative deprivation, and land area.

The Far North was allocated a total of $35.18 million in two tranches:

·    Tranche 1 $8.79 million available from July 2022; and

·    Tranche 2 $26.38 million available from July 2024.

We can use this funding to support the delivery of local wellbeing outcomes associated with climate change and resilience, housing and local placemaking. The DIA has final approval of the projects and initiatives as part of the development and signing of a funding agreement between Council and the Crown.

Council does not have to apply for the full amount allocated in Tranche 1. Any unused funds will simply be transferred to Tranche 2. This enables some flexibility around timing of projects and initiatives if required.

Funding criteria

Projects must support one or more of the following criteria:

·    Supporting communities to transition to a sustainable and low emissions economy, including by building resilience to climate change and natural hazards.

·    Delivery of infrastructure and/or services that enable housing development and growth, with a focus on brownfield and infill development opportunities where those are available.

·    Delivery of infrastructure and/or services that support local place making and improvements in community wellbeing.

Investment initiatives must be either new (in other words, not previously planned in Annual or Long-Term Plans), or designed to accelerate, scale up and/or enhance the quality of already planned investment.

The funding allocated must be used by 30 June 2027, this means projects and initiatives with a life-span of no greater than five years.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The proposed schedule of projects and initiatives for Tranche 1 is identified as Attachment 1 in this report. The schedule is scheduled to be finalised at a Council workshop on 8 December. The schedule will be circulated as soon as possible following the workshop.

Take Tūtohunga / Reason for the recommendation

To enable a Funding Agreement for Tranche 1 “Better Off” Funding Agreement to be submitted to the DIA by the 31 December 2022.

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

Operational expenditure of $250,000 over 2022/2023 and 2023/2024 has been included in the funding application to engage a project manager to manage delivery of the agreed projects and to undertake the required reporting to the DIA.

There will be operational costs and depreciation against all assets created through this external funding initiative. This cannot yet be quantified.

Āpitihanga / Attachments

1.       Proposed schedule of Tranches 1 projects and initiatives -  (under separate cover)   


 

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 Level of Significance

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

Not Appliacable

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.

 

Potentially a District wide relevance depending on final composition of projects approved for inclusion in Funding Agreement.

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 on this proposal has been undertaken with Te Kahu o Taonui.

 

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.

 

Chief Financial Officer review.

The CFO has reviewed the report

 


Ordinary Council Meeting Agenda

15 December 2022

 

6.9         Temporary Road Closure Rosemay Lane – Waipapakauri Concert

File Number:           A3981187

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 a temporary road closure of Rosemay Lane for the Waipapakauri concert.

WhakarĀpopoto matua / Executive Summary

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

·        The task of approving temporary road closures, specifically for the safe operation of events, cannot be delegated by Council

·        Advertising of the event will take place approximately two weeks before the event in accordance with the requirements of the Local Government Act, 1974

 

tŪtohunga / Recommendation

That Council approves the proposed temporary road closure of Rosemay Lane to accommodate the safe operation of the Waipapakauri Concert.

 

 

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

A representative from the Northland Transportation Alliance will be at the meeting to discuss any questions that may arise as a result of this proposal.

Take Tūtohunga / Reason for the recommendation

To enable the Waiapakauri Concert to proceed on Friday 3 February 2023.

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

No Budgetary Implications.

Āpitihanga / Attachments

1.       Temporary Road Closure for Waipapakauri Concert - A3982590  


 

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 Significance

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.

 

Local 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 impact for Māori have been identified in respect of the proposed temporary road closure.

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.

Not Applicable.

Chief Financial Officer review.

The CFO has reviewed this report

 


Ordinary Council Meeting Agenda

15 December 2022

 


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6.10       NTA - Increase in total value Contract 7/22/150 - FNDC Slip Repairs Suite 01

File Number:           A3992075

Author:                    Franz Wagner, Project Manager - Transport and Roading

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

 

Take Pūrongo / Purpose of the Report

To seek Councill approval to increase the Contract and Purchase Order amount for Contract 7/22/150 - FNDC Slip Repairs Suite 01 from $986,000.00+ GST by $92,000.00 to a maximum amount of $1,078,000.00 + GST.

WhakarĀpopoto matua / Executive Summary

·        Contract 7/22/150 - FNDC Slip Repairs Suite 01 covers slip repair works at:

o   Gill Road RP8452, Kaitaia

o   Kaitaia Awaroa Road RP16668, Hokianga

o   Manawaora Road RP2490 – 2530, Rawhiti

·        The contract was competitively tendered and awarded to Donovan Drainage and Earthmoving Ltd on 30 September 2022.

·        Construction commenced at Gill Road on 24 October 2022 but halted on 14 November 2022 when a failure of the riverbank occurred during construction requiring additional remedial work.

·        To complete the additional remedial work at the Gill Road site and to allow appropriate contingency for this and the other two slips at Kaitaia Awaroa Road RP16668 and Manawaora Road RP2490 – 2530, the current Contract and Purchase Order (PO) amount of $986,000.00 needs to be increased by $92,000.00 + GST to a new maximum PO and Contract amount of $1,078,000.00 + GST.

·        The proposed increase takes the revised Contract sum beyond the Delegated Financial Authority of staff.

 

tŪtohunga / Recommendation

That subject to approval of increased subsidy by Waka Kotahi, Council:

a)    Approve an increase to the current Contract and Purchase Order amount from $986,000.00 +GST to a maximum amount of $1,078,000.00 +GST (including contingency), and

b)    Delegates authority to the Chief Executive to execute the associated document approvals to vary the existing Purchase Order amount described in a) above, and

c)    Delegates authority to the Engineer to Contract to execute the associated contractual document approvals for Variation to Contract described in a) above.

 

 

1) TĀhuhu kŌrero / Background

The Northland Transportation Alliance (NTA) have provided the background to this decision in Attachment 1. The NTA will provide staff at the meeting to introduce the report and to answer questions.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Refer to ‘Discussion’ in Attachment 1.

Take Tūtohunga / Reason for the recommendation

To enable the completion of the existing slip repair contract, noting the unforeseen event at Gills Road.

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

Refer to ‘Financial Considerations’ in Attachment 1. This decision falls outside the Delegated Financial Authority of staff.

Āpitihanga / Attachments

1.       Attachment 1 - 7-22-150 FNDC Slip Repairs Suite 01 - PO Amount Increase Request - A3993356  


 

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 SIGNIFICANCE: Given the advanced project stage and the fact that the decisions being made fall under Schedule 1: Strategic Assets Emergency management activities, Council may choose not to engage the public.

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

·   FNDC’s Financial strategy for 2018-28

·   FNDC’s Infrastructure strategy for 2018-48

·   FNDC’s Risk Management Policy adopted: 29 August 2019

·   Government Procurement Rules

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.

 

Contract 7/22/150 - FNDC Slip Repairs Suite 01 will restore these roads to their appropriate Levels of Service and improve network resilience. This has gained significance since the closure of SH1 Mangamuka Gorge section, particularly for the Kaitaia-Awaroa road corridor.

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 direct implication for Māori was identified for the original contract works. The additional remedial work required within the stream bed caused by embankment failure during construction required engagement with stakeholders. Northland Regional Council and Te Rarewa Iwi have since been engaged in this instance.

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).

Restoration of the Level of Service giving all road users unimpeded access to this roading asset

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

Refer Financial Considerations in Attachment 1.

Chief Financial Officer review.

The CFO has reviewed the report


Ordinary Council Meeting Agenda

15 December 2022

 

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6.11       Temporary 60kph Speed Limit on Kerikeri Road

File Number:           A4001312

Author:                    Elizabeth Stacey, NTA Road Safety and Traffic Engineer

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

 

Take Pūrongo / Purpose of the Report

The purpose of this report is to obtain a Council decision regarding the continued application of a temporary 60kph speed limit at the recently rehabilitated and upgraded section of Kerikeri Road for the duration of time through until the formal outcomes of the current speed limit review for this road, which is currently under consultation, have been finalised and implemented.

WhakarĀpopoto matua / Executive Summary

·    Road works including rehabilitation of the existing road along with changes to the existing road layout adjacent to the Old Packhouse Market have recently been completed

·    A temporary speed limit of 50kph was imposed by staff under delegated authority through the roadworks site post completion to allow road users to familiarise themselves to the new road layout

·    This temporary 50kph speed limit will be increased to 60kph, but this had not occurred at the time of writing this report

·    Council are currently undertaking public consultation for the speed limit along Kerikeri Road, with a proposed permanent speed limit of 60kph for the section of Kerikeri Road from State Highway 10 to 50 metres south of Greenway Drive

·    The permanent speed limit is likely to be implemented late 2023

·    Whilst formal Council approval is not required for temporary speed limits, in this case debate and approval was considered to be necessary due to public interest

·    The preferred option aligns with the proposed permanent speed limit: 60kph for the section of Kerikeri Road from State Highway 10 to 50 metres south of Greenway Drive.

 

tŪtohunga / Recommendation

That the Council approves the continuation of a 60kph temporary speed limit on the section of Kerikeri Road between approximately RP000 and RP1335 and extends this temporary 60kph limit through to the current 50kph transition at RP2500, until such time that the finalised speed limit presently being consulted on for this section of road is adopted and implemented. (Option 2).

 

 

1) TĀhuhu kŌrero / Background

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

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

A representative from the Northland Transportation Alliance will be at the meeting to discuss any questions that may arise as a result of this proposal.

Take Tūtohunga / Reason for the recommendation

To confirm the continued application of a temporary 60kph speed limit at the recently rehabilitated and upgraded section of Kerikeri Road for the duration of time through until the formal outcomes of the current speed limit review for this road have been finalised and implemented.

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

The recommended option is estimated to cost an additional $12,500 to be funded through a combination of existing operational budgets and BOI-Kerikeri speed management project budgets associated with the permanent speed limit changes

Āpitihanga / Attachments

1.       Kerikeri Road Temporary Speed Limit - December 2022 - A4001313  


 

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 significance

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.

 

Local 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 impact for Māori have been identified in respect of the continued application of a temporary 60kph speed limit.

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.

Not applicable

Chief Financial Officer review.

The CFO has reviewed this report

 

 


Ordinary Council Meeting Agenda

15 December 2022

 


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Ordinary Council Meeting Agenda

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6.12       Temporary Road Closure for Waitangi Day 2023

File Number:           A4005051

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 Waitangi Day 2023.

WhakarĀpopoto matua / Executive Summary

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

·        The task of approving temporary road closures, specifically for the safe operation of events, cannot be delegated by Council

·        Advertising of the event will take place approximately two weeks before the event in accordance with the requirements of the Local Government Act, 1974

·        The Event organisers and the Police are still working through the details of the event, but due to the timing of Council meetings and the Christmas office closure, approval is now being sought early. 

 

tŪtohunga / Recommendation

That Council approves the proposed temporary road closures to accommodate the safe operation of Waitangi Day 2023.

 

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

A representative from the Northland Transportation Alliance will be at the meeting to discuss any questions that may arise as a result of this proposal.

Take Tūtohunga / Reason for the recommendation

To enable Waitangi Day festivities to proceed on Monday, 6 February 2023.

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

No budgetary implications.

Āpitihanga / Attachments

1.       Temporary Road Closure for Waitangi Day 2023 - A4005608  


 

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

High significance

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.

 

Local and national 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.

Waitangi day is a significant event for Māori. Council supports this event annually.

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.

Not applicable

Chief Financial Officer review.

The CFO has reviewed this report

 

 


Ordinary Council Meeting Agenda

15 December 2022

 


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7            Information Reports

7.1         Community Board Updates November 2022

File Number:           A3970413

Author:                    Joshna Panday, 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:

16 November 2022 - Kaikohe-Hokianga Community Board

17 November 2022 - Bay of Islands-Whangaroa Community Board

18 November 2022 - Te Hiku Community Board

 

TŪTOHUNGA / Recommendation

That Council note the following Community Board minutes:

a)      16 November 2022 - Kaikohe-Hokianga Community Board

b)      17 November 2022 - Bay of Islands-Whangaroa Community Board

c)      18 November 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.       2022-11-16 Kaikohe-Hokianga Community Board Minutes [A3980360] - A3980360

2.       2022-11-17 Bay of Islands-Whangaroa Community Board Minutes [A3985631] - A3985631

3.       2022-11-18 Te Hiku Community Board Minutes [A3986190] - A3986190  

 


Ordinary Council Meeting Agenda

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7.2         Elected Member Report - New Zealand Future Roads Conference 2022: Claudelands Hamilton

File Number:           A3980003

Author:                    Joshna Panday, Democracy Advisor

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

Purpose of the Report

An elected member’s attendance at a conference, course, seminar or training event is subject to the provision of elected members allowances and reimbursement policy. This policy requires the elected member to provide a report to Council after attendance and event in order to provide transparency to the public that ratepayer funds are being used effectively.

Executive Summary

·    Councillor Ann Court attended the New Zealand Future Roads Conference 2022: Claudelands Hamilton.

Recommendation

That Council note the report entitled “Elected Member Report – New Zealand Future Roads Conference 2022: Claudelands Hamilton”

 

1) Background

The Elected Members Allowances and Reimbursement Policy sets out the provisions which apply to an Elected Member’s attendance at a conference, course, seminar or training event. The policy provides that each Elected Member may attend on conference or professional development event per representative body to which they are elected or appointed per annum. The conference, course, seminar or training event must contribute to the Councillor’s ability to carry out Council business and be approved by the Mayor and Chief Executive Officer, or the Council, depending on the request. Following attendance, a report must be written by the Elected Member to the next meeting of Council.

2) Discussion and Options

The Elected Members report (attached) reports back to Council on the background, learnings and highlights.

3) Financial Implications and Budgetary Provision

There are no financial implications or budgetary provision required as a result of this report.

The cost to ratepayers in sending Councillor Court to this conference was $3398.77.

Attachments

1.       NEW ZEALAND FUTURE ROADS CONFERENCE 2022 (002) - A3980050  

 

 


Ordinary Council Meeting Agenda

15 December 2022

 


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Ordinary Council Meeting Agenda

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7.3         Council Action Sheet Update December 2022

File Number:           A3915134

Author:                    Joshna Panday, Democracy Advisor

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

Take Pūrongo / Purpose of the Report

To provide Council with an overview of outstanding Council and the previous term Committee decisions from 1 January 2020.

WhakarĀpopoto matua / Executive Summary

·      Council staff have reintroduced action sheets as a mechanism to communicate progress against Council decisions and confirm when decisions have been implemented.

·      The focus of this paper is on Council decisions.

·      Action sheets are also in place for Community Boards.

tŪtohunga / Recommendation

That Council receive the report Action Sheet Update November 2022.

 

1) TĀhuhu kŌrero / Background

The Democracy Services Team have been working on a solution to ensure that elected members can receive regular updates on progress against decisions made at meetings, in alignment with a Chief Executive Officer key performance indicator.

Action sheets have been designed as a way to close the loop and communicate with elected members on the decisions made by way of resolution at formal meetings.

Action sheets are not intended to be public information but will provide updates to elected members, who, when appropriate can report back to their communities and constituents.

Officers recognise that the action sheet format is not yet fully meeting the expectations of the elected members.  This is a system generated report over which officers have no current ability to change the format.  Discussions are underway with the software provider to assess costs of a customisation option for these reports to make them bespoke to our council requirements.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The outstanding tasks are multi-facet projects that take longer to fully complete.

The Democracy Services staff are working with staff to ensure that the project completion times are updated so that action sheets provided to members differentiate between work outstanding and work in progress.

Take Tūtohunga / Reason for the recommendation

To provide Council with an overview of outstanding Council decisions from 1 January 2020.

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

There are no financial implications or need for budgetary provision in receiving this report.

Āpitihanga / Attachments

1.       Council Action Sheet - November 22 - A4016990  

 


Ordinary Council Meeting Agenda

15 December 2022

 


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8            TE WĀHANGA TūMATAITI / Public Exclude

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 - Confirmation of Previous Minutes - Public Excluded

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority

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

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 - Consent to acquire the land and easements surrounding the bore at Monument Hill

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

8.3 - Naicker v Far North District Council Mediation.

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

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

8.4 - Funding Proposal for Regional Multi-Agency Emergency Coordination Centre

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

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

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

15 December 2022

 

9            Karakia Whakamutunga / Closing Prayer

 

10          Te Kapinga Hui / Meeting Close