Agenda of Ordinary Council Meeting - Thursday, 9 February 2023

9 February 2023

7.1 Paihia Waterfront Improvement Project

File Number: A4049223

Author: Nicola Smith, Community Board Coordinator

Authoriser: Roger Ackers, Acting General Manager - Strategic Planning & Policy

Take Pūrongo / Purpose of the Report

For Council to approve an agreement allocating $1.7 million toward waterfront improvements for Paihia, delivered as a community-led project in partnership with Focus Paihia Charitable Trust, Business Paihia Inc. and local hapū.

WhakarĀpopoto matua / Executive Summary

· In June 2022 Council voted not to proceed with the Paihia Waterfront Storm Mitigation Project, specified in the Long-Term Plan (LTP) as ‘Maritime Facilities, Waterfront Storm Mitigation, Paihia’

· A public meeting was held in Paihia on 8 September 8, 2022, to allow members of the Paihia community to put forward options for spend of the $5.84 million allocated in the 2021-31 Long Term Plan to Maritime Facilities, Waterfront Storm Mitigation, Paihia

· In September 2022, staff were asked by The Mayor to establish a partnership agreement with community groups Focus Paihia Charitable Trust and Business Paihia Inc. aimed at delivering improvements to the Paihia Waterfront to the value of $1.7 million. The $1.7 million figure was advised by Far North Holdings Ltd (FNHL) as being the amount of funding Council should retain for waterfront improvements identified in the original project plan for the Maritime Facilities, Waterfront Storm Mitigation Paihia Project.

· Focus Paihia have agreed to fund an additional $300,000 towards the project to make the overall funds available $2 million. This funding would be at risk if the agreement is not approved.

· Staff signed an agreement with Focus Paihia as the key group responsible for delivering all aspects of the improvements and Far North District Council (FNDC) Infrastructure and Asset Management as the business unit responsible for the assets to delivered by the new project

· Short term operational improvements to existing amenity lighting along the waterfront have been completed, a lighting design for King’s Road is in development, and longer-term outcomes are on track with community engagement being undertaken throughout December 2022-January 2023. Community placemaking workshops for the first phase of improvement works took place in Waitangi on January 14and 15, 2023. All planned potential works are within the agreed and approved areas identified for improvement in the original Maritime Facilities, Waterfront Storm Mitigation, Paihia Project by FNHL

· Staff are now seeking Council approval for the transfer of $1.7 million from the cancelled Maritime Facilities, Waterfront Storm Mitigation, Paihia Project to a project aimed at delivering improvements to the Paihia waterfront.

tŪtohunga / Recommendation

That Council approves the allocation $1.7 million toward waterfront improvements for Paihia as per the attached agreement for the Paihia Waterfront Improvement Project.

1) TĀhuhu kŌrero / Background

At the Council Extraordinary meeting 15 June 2022 Council accepted advice from Far North Holdings that a planned $13.84 million-dollar Paihia Waterfront Storm Mitigation Project was unaffordable due to rapidly escalating construction costs, and a resolution to end the project was carried.

The project was to be jointly funded with an $8 million dollar grant to Far North Holdings Ltd through the central government’s COVID-19 Response and Recovery fund, and $5.84 million from FNDC LTP funds. The project’s major focus was to build breakwaters and other storm protections. Some improvements of the landside waterfront were also planned.

As part of the decision not to proceed, The Mayor asked staff to provide a report on potential projects across the district that the $5.84 million could be used for. The Mayor also asked staff to arrange a public meeting in Paihia so Council could meet with residents, mana whenua, businesses, and community leaders to hear options on alternative projects. The meeting was facilitated by the Mayor on 8 September 8,2022 in Paihia.

The Mayor then asked staff to work with community groups Focus Paihia Charitable Trust and Business Paihia Inc. to draw up a partnership agreement that focused on delivering community-led improvements to areas of the waterfront as identified in the original Maritime Facilities, Waterfront Storm Mitigation, Paihia Project. The purpose of the partnership agreement is to deliver waterfront improvements for Paihia at a value of $1.7 million, leaving $4.1 million to be allocated to other projects from the now cancelled Maritime Facilities, Waterfront Storm Mitigation, Paihia Project. The funding amount of $1.7 million for specific areas of waterfront improvement was identified by FNHL as part of the Maritime Facilities, Waterfront Storm Mitigation, Paihia Project.

As requested by The Mayor, staff worked with community representatives to establish a working group. Membership of the working group includes a Bay of Islands-Whangaroa Community Board member, key community stakeholders including Focus Paihia, Business Paihia, and local hapū representatives, and FNDC staff. The Northern Transport Alliance and Waka Kotahi NZ Transport Agency will be approached to join the working group if the agreement is approved.

The specified focus areas for waterfront improvement that have been identified to be funded from the $1.7 million are:

a. Lighting improvements between King’s Road and Alfresco restaurant to improve accessibility and public safety, aligning with the LTP community outcome of healthy, safe, connected, and sustainable communities. This was raised at the community meeting as an issue of importance to the community (waterfront lighting completed, King’s Road lighting design currently being priced).

b. Horotutu - Our Place improvements such as seating, paths, and lighting to improve waterfront ambience and usage in the central business district (CBD), aligning with the LTP community outcome of proud, vibrant communities (community placemaking design workshops held in January, works to be completed by April 2023 in time for bicentennial celebrations).

c. Nihonui (‘The Bluff’) improvements such as widening the walkway, safety railings upgrade, lighting of murals, enabling installation of more informational storyboarding from groups such as Ngāti Kawa and the Paihia Legacy Society to highlight the historical importance of the area and support improved multimodal transportways from Waitangi through to Paihia CBD, aligning with the LTP strategic priority of deepening our sense of place and connection (hapū consultation to commence by April 2023).

As per the map below, Nihonui or ‘the Bluff’ area (outlined in blue) refers to the hairpin bend turn area on Marsden Road, and ‘Horotutu-Our Place’ (outlined in red) to the waterfront area from Bayview Road to the wharf.

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The partnership agreement (Attachment 1) drafted by staff is between FNDC and Focus Paihia as the key entity responsible for project management, procurement, construction and operational handover of any new assets that are created by the project.

Upgrades to the existing amenity lighting array from Alfresco Restaurant to Horotutu-Our Place were completed in late December 2022, but no claims have been submitted to FNDC or funds drawn down to date. The upgrades have improved lighting effectiveness and extended the operational life of these assets through corrosion removal and fittings updates. Should Council approve the attached agreement, this work would be considered an operational project cost and be funded through the $300,000 contribution that Focus Paihia have agreed to fund.

Initial engagement about ideas for Horotutu-Our Place was conducted from 12 December 2022-13 January 2023 and feedback collated to inform community placemaking workshops held January 14 and 15 2023. A community-led design for Horotutu is being finalised, however Council approval of the agreement is required for the project to progress further.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The Paihia Waterfront Improvement project has been socialised within the Paihia community through media releases, Focus Paihia and Business Paihia social media posts, digital engagement on ideas for Horotutu–Our Place, and community placemaking workshops that will result in a final design for Horotutu–Our Place. Hapū consultation planning for potential works at Nihonui is underway.

Factors to consider include project activity and publicity to date and additional funding stream availability should the project proceed to completion. As a Charitable Trust, Focus Paihia are well positioned to leverage further external funding efforts should the longer-term works prove to be insufficiently funded by LTP budgets. Focus Paihia additionally intend to allocate funding of $300,000 toward the project to be formalised through an inserted clause into the attached agreement.

There are three options:

Option One: Approve the agreement

Advantages

· Upholds Mayoral and FNHL commitment to Paihia community to fund improvements for the waterfront

· Opportunity to reunite relationships strained by original project being cancelled, positively galvanizing community to deliver together on some of the previous goals

· Improvements to the waterfront delivered

· Outcomes likely to replace some existing, aging assets

· Additional $300,000 fund from Focus Paihia to contribute to the project

· Help address King’s Road safety concerns through lighting improvements

· Opportunity to improve waterfront CBD area in time for April 2023 bicentennial celebrations

· Community-led placemaking.

Disadvantages

· Reduction of available LTP funds for reallocation from $5.84 to $4.1 million.

Option Two: Decline the agreement

Advantages

· $5.84 million of available LTP funds remains for allocation.

Disadvantages

· Reputational risk to Council of not upholding Mayoral commitment to the Paihia community

· Community expectations not met

· Working relationships with community groups Focus Paihia and Business Paihia severely negatively impacted

· Potential legal action taken against Council due to breach of agreement

· Improvements to the waterfront not delivered

· Missed opportunity to improve the waterfront in time for April 2023 bicentennial celebrations

· Missed opportunity to reunite relationships strained by original project being cancelled and positively galvanize community to deliver together on some of the previous goals

· Lighting array improvements already completed to be funded through existing operational maintenance budget

· No further progress made on helping to address King’s Road safety concerns through lighting improvements.

Option Three: Review the project and form a new agreement for the Paihia Waterfront

Advantages

· Opportunity to re-examine the project

· $5.84 million of available LTP funds remain for allocation until a further agreement is reached.

Disadvantages

· Reputational risk to Council of potentially not upholding Mayoral commitment to the Paihia community

· Community expectations potentially not met

· Working relationships with community groups Focus Paihia and Business Paihia negatively impacted

· Potential legal action taken against Council due to breach of agreement

· Current project progress stalls and potential future improvement becomes uncertain

· Missed opportunity to improve the waterfront in time for April 2023 bicentennial celebration due to works delay

· Potential future plans struggle to regain community support

· Missed opportunity to reunite relationships strained by original project being cancelled and positively galvanize community to deliver together on some of the previous goals

· Lighting array improvements already completed to be funded through existing operational maintenance budget due to timing delays.

Relevant legislation and/or policies

The outcomes to be delivered align with Council’s LTP strategic priorities and community outcomes:

· deepening our sense of place and connection,

· community outcomes of proud and vibrant communities, and

· communities that are healthy, safe, connected, and sustainable.

The recommended option is to approve the agreement.

Take Tūtohunga / Reason for the recommendation

Staff recommend proceeding due to the advantages listed in the Option One.

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

The project is budgeted for in an existing LTP funding line.

Further external budget of $300,000 is to be granted to the project by partner group Focus Paihia should Council approve agreement.

Āpitihanga / Attachments

1. PWP Agreement - signed copy 8 November 2022 - A4050578 ⇩

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 as per Council’s significance and engagement policy.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Supports strategic LTP priority of deepening our sense of place and connection, and LTP community outcomes of proud and vibrant communities, and communities that are healthy, safe, connected, and sustainable.
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.	Relevant to the Paihia community. The Paihia ward representative sits on the working group to ensure Board oversight.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	Relevant to the Paihia community. The Paihia ward representative sits on the working group to ensure Board oversight.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	Affects the community of Paihia, all community views are being considered through participatory project processes.
State the financial implications and where budgetary provisions have been made to support this decision.	Financial implications as stated in Section 3 of this report.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

9 February 2023

7.2 Stormwater Issues 323 State Highway 10 - Cable Bay

File Number: A4043397

Author: Tania George, EA to GM - Infrastructure and Asset Management

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

Take Pūrongo / Purpose of the Report

The purpose of this report is to obtaining funding to resolve a long-standing stormwater issue impacting the property at 323 State Highway 10 at Cable Bay.

WhakarĀpopoto matua / Executive Summary

· There has been a long-standing issue with Council’s stormwater reticulation which currently passes through the property located at 323 State Highway 10 Cable Bay.

· This reticulation is currently damaged and the consequential discharge of stormwater on to the property owners land may cause land instability.

· The cause of the damage to the reticulation is not conclusive.

· A project has been prepared to decommission the existing reticulation on the property and divert the stormwater flow into new pipes to be installed into State Highway 10.

· The cost of this work is $300,000 and is unbudgeted capital expenditure.

· It is proposed to use the existing storm water reserve fund for this project.

tŪtohunga / Recommendation

That Council approves expenditure of up to $300,000 to undertake a project to decommission the existing stormwater reticulation from the property located at 323 State Highway 10 and install new reticulation into the State Highway 10.

1) TĀhuhu kŌrero / Background

323 State Highway10 is located in Coopers Beach being lot 2 DP85116 and is 811sqm in area.

The property is bounded by State Highway 10 to the south, residential properties to the east and west and Cable Bay to the north.

The property comprises a dwelling, sleepout, timber decks that surround the dwelling and sleepout, a carparking deck adjacent to State Highway 10, a stand-alone garage, concrete water tank and several retaining walls. Vegetation is present along the southern property boundary and there are a number of garden areas.

The property is generally sloping to the north, north-east. A relatively flat grassed area is present to the north of the sleepout that is retained by a timber pole retaining wall. Beyond the northern property boundary the land slopes moderately to steeply down to Cable Bay and is fully consented.

Records indicate that the property has wastewater and stormwater reticulation. The stormwater pipes within the property are 375mm diameter concrete pipes and the wastewater 150mm diameter UPVC gravity main. No as-built records have been identified although the stormwater reticulation is recorded as being installed in the 1970’s.

Existing Reticulation- Red Wastewater, Green Stormwater

Figure 1- Existing Reticulation. Red Wastewater, Green Stormwater

A landslip occurred at the property during or following a high intensity rainfall event on 27-28 March 2003. The landslip occurred on the northern side of the property and resulted in land movement and the undermining of the foundations of the dwelling, sleepout and attached decks. The landslip also dislocated the stormwater line that passes through the property. Remediation of the slip, including reported repairs to the stormwater reticulation, was subsequently completed and a code of compliance certificate issued by Council on 7 March 2013.

In June 2021, Council was contacted by the owner of the property reporting damage to the stormwater reticulation and suggesting that it had undermined part of the foundations of the sleepout. On inspection it was found that the collar had separated from the pipe by about 200mm and that some movement in the ground may be continuing.

During the period of August to October 2021, a consultant was engaged to identify the cause and propose a mitigation strategy to address the issue. CCTV of the reticulation was completed by March 2022. The CCTV inspection confirmed that the stormwater pipes have significant damage, in the form of circumferential cracking, joint faults, and defective lateral pipes joining into the concrete pipe. The damage is not limited to the section of the pipe that is present beneath the sleepout.

The consultant’s assessment of the cause of the damage to the reticulation was not conclusive, attributing the current damage to the stormwater reticulation beneath the sleepout to one or a combination of the following:

· Poor installation of the stormwater piping.

· Damage during the previous landslip that was not correctly fixed during the slip remediation works.

· Damage caused by the landslip remediation works.

· The stormwater pipe not having sufficient bulkheads installed to reduce the downhill flow velocity of the stormwater.

· Ongoing ground movement.

If no remediation to the stormwater reticulation is undertaken, then stormwater will continue to jet out of the stormwater pipe where it is damaged causing further land instability.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

A preferred option has been identified which decommissions the existing stormwater pipes beneath the sleepout at the property. A 450mm diameter stormwater pipe will be installed within the State Highway and connected to the existing stormwater drainage at Cable Bay. It is currently proposed to undertake this work using directional drilling to minimise the impact to traffic flows on the State Highway, noting that State Highway 10 is currently a diversion route for State Highway 1. The work will be undertaken by Far North Waters.

The estimated cost of the project is $300k. Due to current disruption with material supply chains, materials for this project were placed on order in December. If the project is not approved by Council, these materials can be reallocated to other projects.

The existing property owner has become increasing frustrated with Council’s tardiness in progressing a solution to this issue, particularly as he is planning on undertaking some works to replace the existing sleepout. This work is planned for early 2023 and would involve increased costs to work around the existing stormwater reticulation.

The time taken from first notification of the issue in June 2021 to now seeking approval for funding in February 2023 would seem to support that position. In part this has been the result of the prioritisation of the numerous stormwater issues that exist around the District and mitigating the increased frequency and intensity of storms due to climate change.

The property owner is likely to seek legal redress from Council for costs incurred and has asked Council to accept liability for the issues caused by the damaged stormwater reticulation. Whilst this is not the subject of this report this information has been included for transparency.

Reason for the recommendation / Te Take Tūtohunga

Approval of the recommendation will enable a long-standing stormwater issue at 323 State Highway 10 to be resolved and will stop ongoing stormwater impacts to the existing property.

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 stormwater reserve budget that is sufficient to accommodate the cost of the diversion of the existing stormwater reticulation into the State Highway. If approved no other capital funding will be required.

Āpitihanga / Attachments

1. Layout Design - A4043400 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low Significance
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	N/A
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 specific implications for Māori have been identified.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	N/A
State the financial implications and where budgetary provisions have been made to support this decision.	As detailed in the report
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

9 February 2023

7.3 Easement On Local Purpose Esplanade Reserve-Wairawarawa Stream

File Number: A4053944

Author: Inna Shibalova, Senior Solicitor

Authoriser: Janice Smith, General Manager - Corporate Services

Take Pūrongo / Purpose of the Report

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

Council’s Reserve Policy is the guiding mechanism for decisions regarding occupation of reserves. In keeping with Council policy and given the matter concerns Local Purpose Esplanade Reserve, the matter was first brought to the Bay of Islands - Whangaroa Community Board for recommendation to Council. At 12 December 2022 meeting Bay of Islands - Whangaroa Community Board resolved in favour of the requested ROW easement and recommended the Council approves the granting of the ROW easement as per recommendation below.

WhakarĀpopoto matua / Executive Summary

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

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

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

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

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

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

tŪtohunga / Recommendation

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

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

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

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

and that approval is provided subject to:

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

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

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

4. Landowners -

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

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

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

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

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

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

1) TĀhuhu kŌrero / Background

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

1.1 RC 2001575-LGA348 Application

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

1. construct a bridge over Wairawarawa Stream - connecting

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

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

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

(“three properties”).

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

The application was declined by Council planning staff.

1.2 Current Application

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

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

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

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

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

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

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

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

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Diagram 3 – Photo of proposed location of the bridge

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

It should be noted, that should a full circle public walkway opportunity be realised, budgetary implications will arise with regard to maintenance for that public access that is currently not there.

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

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1.3 Affected Reserve Land

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

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

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

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

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

Diagram 6 – Proposed Easement for bridge crossing

The Reserve, as it currently is:

1. Inaccessible to public – the esplanade strip that comes off SH10 and runs along the boundary of on Lot 1 DP 457586 is not formed and has a steep terrain densely covered in vegetation;

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

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

2.1 Matters relevant to the decision

2.1.1 Reserves Act 1977 requirements

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

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

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

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

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

ii. maintaining or enhancing water quality; or

iii. maintaining or enhancing aquatic habitats; or

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

v. mitigating natural hazards; or

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

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

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

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

2.1.2 Relevant FNDC Policy

Reserves Policy March 2017

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

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

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

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

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

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

2.1.3 Resource Consent Requirements

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

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

2.1.4 Public Access and Use of the Reserve

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

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

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

2.1.5 Ownership

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

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

2.2 Consideration of Alternatives

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

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

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

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

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

This is the safest and most conservative option that does not benefit any stakeholder. The benefit to the Council is that it avoids setting a precedent going forward and will not require budget to maintain the Reserve to a standard that would be required if public access was feasible.

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

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

This option will enable public access to and use of the Reserve through a public walkway on private land with minimal environmental impact on the existing Reserve land. The option also broadly promotes social, economic, environmental, and cultural well-being of the local community.

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

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

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

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

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

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

Take Tūtohunga / Reason for the recommendation

Option 2 is the recommended option for the following reasons:

1. It will allow the Reserve to serve the purpose it was intended for when originally created in 1990 and as currently provided for in s 6(d) of the Resource Management Act 1991- providing opportunities for public access and recreational use of a natural watercourse.

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

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

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

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

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

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

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

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

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

Āpitihanga / Attachments

Nil

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Reserves Act 1977, FNDC Reserves Policy
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	BOI -Whangaroa Community Board was consulted prior to this matter being brought to Council. At a meeting on 12 December 2022 BOI -Whangaroa Community Board, the board considered the report, recommendation and resolved to recommend that Council approves the granting of the sought ROW easement.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	Consultation will be required.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	Council is the affected party – owner of the Reserve.
State the financial implications and where budgetary provisions have been made to support this decision.	None – potential compensation to Council.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report

Ordinary Council Meeting Agenda

9 February 2023

7.4 Ōmāpere Wharf - Approval to increase budget

File Number: A4065796

Author: Darren James, Asset Manager - District Facilities

Authoriser: Janice Smith, General Manager - Corporate Services

Take Pūrongo / Purpose of the Report

To request Council retrospectively endorse an additional $265,773 Council budget for the Ōmāpere Wharf Head Section replacement project.

WhakarĀpopoto matua / Executive Summary

· The Ōmāpere Wharf Head section replacement was completed by Far North Holdings Limited (FNHL) in December 2022 and included the Intertidal Steps requested by the Kaikohe Hokianga Community Board.

· FNHL approached staff for a budgetary uplift in April 2022 but due to timing and the change in Committees following the election this has not been done.

· Total cost of the project was $1.25m and the current approval is $977,917.

· Current project deficit is $265,773 and can be drawn from existing Long-Term Plan approved budgets.

· FNHL are currently carrying the deficit on their books and are seeking the additional funding as a matter of urgency.

tŪtohunga / Recommendation

That Council approves $265,773 additional budget for Ōmāpere Wharf - Approval to increase budget, to be funded from existing budgets within the Maritime activity.

1) TĀhuhu kŌrero / Background

FNDC owns the Ōmāpere Wharf. It was constructed in 1989 by the Hokianga County Council with funding assistance from the Northland Harbour Board. Maintenance works have been carried out over the years, including replacing the wharf head and end steps in 2006. The structures are maintained by FNHL under contract to Council.

In November 2020 the wharf was damaged by a Merchant Vessel, a subsequent Insurance claim was successful and Council were awarded $355,543.48 to undertake repairs.

In August 2021 a purchase order was raised for the acquisition of steel piles which were a known short supply item. This Purchase order was for $76,000.

The October 2021 the Kaikohe-Hokianga Community Board and subsequent Council meeting passed the following resolution:

6.5 ŌMĀPERE WHARF - RENEWAL OF END SECTION

Agenda item 7.5 document number A3325907, pages 74 - 76 refers

RESOLUTION 2021/65

Moved: Member Louis Toorenburg

Seconded: Member Emma Davis

That the Kaikohe-Hokianga Community Board:

a) Receive the report Ōmāpere Wharf - Renewal of End section.

b) Supports the new design concept for the replacement section of the Wharf; and

c) that inter-tidal steps be strongly recommended and incorporated into the design.

CARRIED

In May 2022 the approval to release budget up to $977,917.48 was approved by the Chief Executive. Construction of the wharf end commenced in August 2022. During construction a number of modifications needed to be undertaken to the design which resulted in a requirement for extra piles to account for inconsistencies in the Geotech within the construction area. In October and November significant weather caused delays to construction. A combination of both the weather and extra piling consumed the contingency within the project.

The project completed in early December 2022 and the final cost of the project was $1,243,690.

A deficit of $265,773 in authorised funding remains.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

It is recommended that Council accept this report and approves the uplift of budget for the Ōmāpere wharf end section renewal.

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

Funding is a combination of the insurance pay out and budgeted funds in the LTP.

Project funding sources are in Table 1

Budget Name	Account no	Available Funds	Funds to be released
Insurance	141388.1.1.1909	$355,543.48	$355,543.48
Hokianga Harbour Programme	141653.1.1.4917	$622,374.00	$622,374.00
New Maritime Recreation	141690.1.1.4917	$725,693.00	$265,772.52
Total Budget			$1,243,690.00

Project actual costs in Table 2

Contractor	Category	Task	Cost Estimate
Shorewise	Prof Fees	Engineering & observation	$64,900
Halletts Steel	steel piles	extra piles	$42,992
Halletts Piles	Steel Piles		$76,000
FNHL	project management		$25,000
Halletts Enterprises	Contractor	Ōmāpere Tender price	$976,798
Williams and King	Surveyors		$8,000
		Contingency	$50,000
		Ōmāpere Wharf Total	$1,243,690

The deficit of $265,773 is available within existing LTP approved budgets. The shortfall will be drawn from the New Maritime Recreation budget.

All budgets, excluding the insurance compensation, identified in Table 1 are district wide rated and funded from the General Rate.

Āpitihanga / Attachments

Nil

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This activity is assessed as having low significance to our engagement policy. Project was consulted on and resolutions passed for final design aspects by Council.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The Project met compliance with the Resource Consent and contributed to the following community outcomes: A wisely managed and treasured environment that recognises the role of tangata whenua as kaitiaki. Connected communities that are prepared for the unexpected. Communities that are healthy, safe connected and sustainable.
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 Community Board supported the project and resolution passed.
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 were no known implications to Māori, Consultation took place with various community groups and solution sought for modified design.
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).	As above, various community groups, including Coastguard were part of the design solution for the new wharf head. This resulted in the incorporation of intertidal steps.
State the financial implications and where budgetary provisions have been made to support this decision.	Budgetary provision exists in year this report seeks approval for expenditure of that budget.
Chief Financial Officer review.	The GM Corporate Services has reviewed and approved this report

Ordinary Council Meeting Agenda

9 February 2023

7.5 Procurement Plan and Contract Award > $1m - FNDC Contract 7/22/100 – FNDC Raised Traffic Facilities 2021-24

File Number: A4053351

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 Delegated Authority approval to award Contract 7/22/100 - FNDC Raised Traffic Facilities 2021-24 to a maximum contract value of $1,961,000.00 including contingency upon satisfactory conclusion of the Tender Evaluation phase.

WhakarĀpopoto matua / Executive Summary

· The procurement of the physical works for the FNDC Contract 7/22/100 - FNDC Raised Traffic Facilities 2021 - 24 is for the implementation of the highest priority traffic calming and pedestrian improvement measures in the district as identified by the NTA Road Safety Team.

· The anticipated value of the associated physical works will be > $1m. The tendering and the evaluation methods will follow the Government Rules of Sourcing, i.e., Open tender and Lowest Price Conforming respectively.

· The Supplier Recommendation and other associated documents will require Council approval delegated to the CEO to expedite the award process allowing works to proceed at a pace so that delivery timeframes can be comfortably achieved in the last year of the LTP, and to also avoid the risk of not meeting the tender validity period.

tŪtohunga / Recommendation

That Council:

i) acknowledge the approved NTA Procurement Proposal, and,

ii) delegate authority to the FNDC Chief Executive Officer (CEO) to award Contract 7/22/100 - FNDC Raised Traffic Facilities 2021-24 to a maximum contract value of $1,961,000.00 (including contingency) upon satisfactory conclusion of the Tender Evaluation phase, including:

· Supplier Recommendation approval.

· Contract Signing

· Purchase Order approval

1) TĀhuhu kŌrero / Background

Refer to ‘Background’ in Attachment 1: Procurement Plan and Contract award - 7-22-100 - FNDC Raised Traffic Facilities 2021-24

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Refer to ‘Discussion’ in Attachment 1: Procurement Plan and Contract award - 7-22-100 - FNDC Raised Traffic Facilities 2021-24

Take Tūtohunga / Reason for the recommendation

Refer to ‘Discussion’ in Attachment 1: Procurement Plan and Contract award - 7-22-100 - FNDC Raised Traffic Facilities 2021-24

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

Refer to ‘Financial Considerations’ in Attachment 1: Procurement Plan and Contract award - 7-22-100 - FNDC Raised Traffic Facilities 2021-24

Āpitihanga / Attachments

1. 7-22-100 Procurement Plan - FNDC Raised Traffic Facilities 2021-24 - A4053345 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	LOW SIGNIFICANCE: Given the advanced project stage and that the decisions being made fall under Schedule 1: Strategic Assets for Roading Network activities that don’t reduce the Levels of Service, however, Council has chosen to inform the public of what they are doing.
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 7/22/100 - FNDC Raised Traffic Facilities 2021 - 24 will promote safe traffic speeds and encourage active modes of transport as a way of addressing the concerns related to excessive speed which were received from the community.
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 implications for Māori has been identified. However, the appropriate level of engagement is being conducted with key stakeholders.
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).	Lower speed will decrease the risk of injury on local roads and encourage active modes of transportation in the interest of the entire local community.
State the financial implications and where budgetary provisions have been made to support this decision.	Refer Financial Considerations in Appendix 1
Chief Financial Officer review.	CFO has reviewed the report.

Ordinary Council Meeting Agenda

9 February 2023

7.6 Procurement Plan and Contract Award > $1m - FNDC Contract 7/23/185 – FNDC Footpath Projects Suite 03

File Number: A4053347

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 Delegated Authority approval to award Contract 7/23/185 - FNDC Footpath Projects Suite 3 to a maximum contract value of $2,747,000.00 including contingency upon satisfactory conclusion of the Tender Evaluation phase.

WhakarĀpopoto matua / Executive Summary

· The procurement of the physical works for the FNDC Contract 7/23/185 - FNDC Footpaths Suite 03 is for the implementation of the highest priority footpaths in the district as agreed with the Community Boards.

· The Supplier Recommendation approval and other associated documents require Council approval delegated to the CEO to expedite the award process allowing works to proceed at a pace so that delivery timeframes can be comfortably achieved in the last year of the LTP, and to also avoid the risk of not meeting the tender validity period.

tŪtohunga / Recommendation

That Council:

a) acknowledge the approved NTA Procurement Proposal, and,

b) delegate authority to the FNDC Chief Executive Officer (CEO) to award Contract 7/23/185 - FNDC Footpath Projects Suite 3 to a maximum contract value of $2,747,000.00 including contingency upon satisfactory conclusion of the Tender Evaluation phase, including:

· Supplier Recommendation approval.

· Contract Signing

· Purchase Order approval

1) TĀhuhu kŌrero / Background

Refer to ‘Background’ in Attachment 1: Procurement Plan and Contract Award - 7-23-185 - FNDC Footpath Projects Suite 3.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Refer to ‘Discussion’ in Attachment 1: Procurement Plan and Contract Award - 7-23-185 - FNDC Footpath Projects Suite 3.

Take Tūtohunga / Reason for the recommendation

Refer to ‘Discussion’ in Attachment 1: Procurement Plan and Contract Award - 7-23-185 - FNDC Footpath Projects Suite 3.

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

Refer to ‘Financial Considerations’ in Attachment 1: Procurement Plan and Contract Award - 7-23-185 - FNDC Footpath Projects Suite 3.

Āpitihanga / Attachments

1. 7-23-185 Procurement Plan - FNDC Footpath Projects Suite 3 - A4053344 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	LOW SIGNIFICANCE: Given the advanced project stage and that the decisions being made fall under Schedule 1: Strategic Assets for Roading Network activities that don’t reduce the Levels of Service, Council has chosen 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 7/23/185 - FNDC Footpath Project Suite 03 will improve Level of Service and walking environment for pedestrians by removing identified missing links and barriers to the FNDC Footpath Network. The Community Boards have been consulted and have agreed with the New Footpaths programmes as recorded in the September Community board Meeting Minutes.
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 implications for Māori have been identified. However, the aappropriate level of engagement will be conducted with key stakeholders as the design work progresses.
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 New Footpaths programme has been developed in conjunction with the requirements and approval of the Community Boards. The footpaths are being designed in accordance with the Council standards and the NZTA Waka Kotahi Pedestrian Planning and Design Guide.
State the financial implications and where budgetary provisions have been made to support this decision.	Refer to Financial Considerations in Appendix 1
Chief Financial Officer review.	The Chief Financial Officer has reviewed this agenda.

Ordinary Council Meeting Agenda

9 February 2023

7.7 Amended Class 4 Gaming and TAB Venue Policy - Approval of Draft for Public Consultation

File Number: A4044481

Author: Kirsten Griffiths, Strategic Planner

Authoriser: Angie Thomas, Acting Chief Financial Officer

Take Pūrongo / Purpose of the Report

To obtain approval for the amended Class 4 Gaming and TAB Venue Policy to be released for public consultation and set a date for hearing oral presentations of submissions.

WhakarĀpopoto matua / Executive Summary

· Council is required by legislation to have a Class 4 gaming and a TAB venue policy

· The Class 4 Gaming and TAB Venue Policy 2014 was due for review in 2017, however, under subsection 102(6) of the Gambling Act 2003, it does not cease to have effect and remains in place while it is due for review

· On 24 February 2022, the Policy was reviewed under section 102 of the Gambling Act 2003 and section 97 of the Racing Industry Act 2020. Council resolved that the policy should continue with amendment

· Section 102 of the Gambling Act 2003 requires that Council consult when amending a Class 4 gaming policy. Section 97 of the Racing Industry Act 2020 requires that Council consult when amending a TAB venue policy

· A statement of proposal for an amended Class 4 Gaming and TAB Venue Policy, including a draft of the amended policy, is in Attachment 1

· The recommended consultation period is for one month from 15 February 2023 to 15 March 2023 and oral submissions, if required, to be held on 6 April 2023.

tŪtohunga / Recommendation

That the Council:

a. approves the proposal for an amended Class 4 Gaming and TAB Venue Policy in Attachment 1 to be released for public consultation to meet the requirements of section 102 of the Gambling Act 2003 and section 97 of the Racing Industry Act 2020

b. approves the period for making written submissions on the statement of proposal in attachment 1 be from 15 February 2023 to 15 March 2023

c. approves Council will hear any people wanting to present their submissions orally on 6 April 2023 and agrees to delegate, to the Mayor, the power to change the date of the oral presentations of submissions

d. directs Council staff to make all necessary logistical arrangements for people to be heard, on 6 April 2023, either in person in the Council chambers or online via Microsoft Teams.

1) TĀhuhu kŌrero / Background

The Council is required to have a Class 4 gaming policy under section 101 of the Gambling Act 2003. The Council is also required to have a TAB venue policy under section 96 of the Racing Industry Act 2020. The Class 4 Gaming and TAB Venue Policy 2014 was due for review in 2017, however, under subsection 102(6) of the Act, it does not cease to have effect and remains in place while it is due for review.

When adopting or reviewing this policy, the Council must have regard to the social impact of gambling within the district.

Section 102 of the Gambling Act 2003 and section 97 of the Racing Industry Act 2020 require that this policy must also be adopted or amended in accordance with the special consultative procedure in section 83 of the Local Government Act 2002.

Following the review of the Class 4 Gaming and TAB Venue Policy 2014, on 24 February 2022, the Council approved the following (Resolution 2022/5):-

a) under section 102 of the Gambling Act 2003, that the Class 4 venues policy component of the Class 4 Gaming and TAB Venue Policy continue with amendment to improve certainty,

b) under section 102 of the Gambling Act 2003, that the relocation policy component of the Class 4 Gaming and TAB Venue Policy continue with amendment to further align with the intent of the Class 4 gaming sinking lid policy; and,

c) under section 97 of the Racing Industry Act 2020, that the TAB venues policy component of the Class 4 Gaming and TAB Venue Policy be replaced by a sinking lid policy.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Summary of the review

The review of the policy identified the following key points:-

· a sinking lid policy is the most appropriate way to address the establishment of Class 4 gaming venues in the district for the following reasons:

o the existing sinking lid policy has been effective in reducing the number of Class 4 gambling venues and electronic gaming machines

o the demographics of the district mean that our communities are more vulnerable to the detrimental effects of problem gambling

o a significant amount of money is removed from the district due to class 4 gambling.

· a restrictive relocation policy is the most appropriate way to address the relocation of Class 4 gaming venues in the district as this approach aligns with the intent of a sinking lid policy

· a sinking lid policy is the most appropriate way to address the establishment of TAB venues in the district for the following reasons:

o the demographics of the district mean that our communities are more vulnerable to the detrimental effects of problem gambling

o there are currently no TAB venues in the district and allowing TAB venues to establish may lead to an increase of gambling related harm.

· The relocation policy could be amended to further align with the intent of the Gambling Act 2003 and the sinking lid policy by:

o restricting relocations in high deprivation areas

o restricting proximity to another gambling venue

o removing financial reasons from the relocation criteria.

· Some provisions in the policy are not certain. Therefore, amendments are required to improve clarity regarding:

o the definition of a sinking lid policy

o the criteria for relocation.

· The policy is not consistent with relevant laws and legislation and needs to align with the Racing Industry Act 2020.

Form and content of amended policy

A draft of the amended policy is in the statement of proposal document (Attachment 1). A “Track Changes” copy of the proposed amendments to the policy is also attached (Attachment 2), to enable the changes to be easily seen.

The policy setting of a ‘sinking lid’ on the number of Class 4 gaming machines in the Far North district remains in place, and many of the proposed amendments are intended to align with the sinking lid approach in a consistent manner throughout the policy document. The proposed amendments may be summarised as follows:

· References to the legislation have been updated to reflect the change from the Racing Act 2003 to the Racing Industry Act 2020. The terminology referring to standalone TAB venues has also been updated to align with the language used in the Racing Industry Act 2020.

· Policy statement 1 has been amended to clarify what is meant by a ‘sinking lid’ policy.

· Policy statement 2 has been amended to clarify the circumstances under which the Council will consider applications for relocation.

o 2 (a) has been removed, to further align with the intent of the Class 4 gaming sinking lid policy.

o 2 (c) has been amended (now 2b) to incorporate the criteria in the ‘Procedures’ section of the existing policy, with the exception of Procedures 15 (c) iii.

o Criteria (e) and (f) have been added to restrict venues from moving to areas of higher deprivation, and to limit proximity to other class 4 Gaming venues.

o The Waikiwi precedent has been acknowledged.

· Policy statement 4 regarding standalone TAB venues has been replaced by a sinking lid policy

· Amendments have been made to the ‘Procedures’ section, to be consistent with the policy that applications for new venues will only be considered for relocations of existing licensed venues

· The criterion for relocation under Procedures 15 (c) iii ‘Financial reasons relating to the business’ has been deleted. Other criteria that were in the ‘Procedures’ section have been incorporated into the ‘Policy’ section, to remove duplication and ensure consistency

· Some internal operational details have been deleted, as they are unnecessary and may become outdated (e.g. names of roles and departments may change)

· Amendments have been made to improve clarity and accuracy, remove duplication, and correct typographical errors.

Statement of proposal for consultation

Section 102 of the Gambling Act 2003 and section 97 of the Racing Industry Act 2020 require that amendments to this policy must be made in accordance with the special consultative procedure in section 83 of the Local Government Act 2002. As described in section 83 of the Local Government Act 2002, the Special Consultation Procedure requires the Council to:

· prepare and adopt a statement of proposal or a summary of this proposal

· make publicly available the statement of proposal (or summary), a description of how people can present their views, and how long the consultation period will be (with a minimum of one month)

· make the statement of proposal as widely available as is reasonably practicable

· provide an opportunity for people to present their views to the local authority in a manner that enables spoken (or New Zealand sign language) interaction between the person and the local authority including via an audio or audio-visual link.

Consultation process

Section 83 of the Local Government Act 2002 requires that at least one month is allowed for public consultation. Therefore, Council staff recommend that written consultation on the statement of proposal opens on 15 February 2023 and closes on 15 March 2023, which is a period of one month.

To ensure wide communication of the consultation, public notices will be placed in local community newspapers. A link to the webpage for making submissions will be emailed to the Council’s “subscribers” database and publicised on the Council’s social media pages. In accordance with section 102 of the Gambling Act 2003, the Council will give notice of the proposed policy to each corporate society that holds a class 4 venue licence for a venue, and organisations representing Māori, in the Far North district. Other interested parties will also be contacted directly.

Council staff recommend people be encouraged to present their views primarily via the Council’s website. In addition, a submission form will be provided for download on the website for people to print and use to make written submissions either by post or delivery to Council offices. A small number of printed copies of the proposal document and submission form will be made available at Council offices for people to use if they are not able to print the documents themselves.

The proposed amended policy is likely to be of high interest to some members of the public and Council staff expect some people will want to present their submissions orally to elected members. Staff therefore recommend Council sets a hearing date now so it can be publicised during the period for making submissions and people will know when they will be heard. To allow time for hearing logistics to be arranged, the earliest suitable date for a hearing would be 6 April 2023.

Council staff also recommend the Council delegates to the Mayor the power to change the hearing date so that if other events, or the number of people who want to be heard, mean the date is no longer suitable, a new date can be set without the need for the Council to convene to make that decision.

Take Tūtohunga / Reason for the recommendation

On 24 February 2022, Council resolved that the Class 4 Gaming and TAB Venue Policy should continue with amendment.

Section 102 of the Gambling Act 2003 and section 97 of the Racing Industry Act 2020 require that Council consult when amending this policy.

A statement of proposal for an amended Class 4 Gaming and TAB Venue Policy, including a draft of the amended policy, is in Attachment 1.

The recommended consultation period is for one month from 15 February 2023 to 15 March 2023 and oral submissions, if required, to be held on 6 April 2023.

Next steps

If the Council approves the recommendation, staff aim to present an analysis of submissions and a proposed final version of the amended policy to the Council by 03 August 2023.

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

The costs of the consultation on the proposal to amend the Class 4 Gaming and TAB Venue Policy will be met from within existing budgets.

Āpitihanga / Attachments

1. Statement of Proposal - Class 4 Gaming and TAB Venue Policy - A4044479 ⇩

2. Class 4 Gaming and TAB Venue Policy 2023 TRACK CHANGES - A4044255 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	In line with the Significance and Engagement Policy the recommendation to continue the policy with amendment will have little effect on financial thresholds, ratepayers, or levels of service. The recommendation is consistent with existing plans and policies and we have already consulted on the original policy. Therefore, the level of significance is low. However, experience from other consultations on class 4 gaming suggests that there may be public interest in the topic. A special consultative procedure is required under Section 102 of the Gambling Act 2003 and section 97 of the Racing Industry Act 2020.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The Council is required to have a Class 4 gaming policy under section 101 of the Gambling Act 2003. The Council is also required to have a TAB venue policy under section 96 of the Racing Industry Act 2020. When adopting or reviewing a policy under these Acts, the Council must have regard to the social impact of gambling within the district.
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 proposal has district-wide relevance and is not within the delegations of Community Boards to consider.
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.	Seeking the views and input of iwi in the development of policy is integral. Māori will be given an opportunity to contribute during the consultation stage. In accordance with section 102 of the Gambling Act 2003, the Council will give notice of the proposed policy to organisations representing Māori in the Far North district.
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).	Affected and interested parties will be given an opportunity to share their views and preferences during the consultation phase including: o organisations representing Māori o societies that hold a class 4 venue licence in the District o Public Health o Police o agencies working with problem gamblers o community groups
State the financial implications and where budgetary provisions have been made to support this decision.	The costs of the consultation on the proposal to amend the Class 4 Gaming and TAB Venue Policy will be met from within existing budgets.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

9 February 2023

7.8 Parking Bylaw - Recommendations for Making Amendments

File Number: A4031936

Author: Dan Bowmar, Policy Advisor

Authoriser: Angie Thomas, Acting Chief Financial Officer

Take Pūrongo / Purpose of the Report

To approve the adoption of the amended Parking Bylaw.

WhakarĀpopoto matua / Executive Summary

· On 10 February 2022 the Far North District Council received an Instrument of Delegation from Waka Kotahi NZ Transport Agency authorising the Council to control parking on the scheduled portions of State Highways in the district

· On 07 April 2022 Council determined that the Parking Bylaw, to be made under section 22AB of the Land Transport Act 1998, be amended to include the regulation of parking and stationary vehicle offences on State Highways as per the delegation given by Waka Kotahi NZ Transport Agency

· The Waka Kotahi NZ Transport Agency delegation agreement requires Council to consult when amending a bylaw to include the delegations

· On 06 September 2022, the Strategy and Policy Committee approved a proposal for an amended Bylaw to be released for public consultation

· Consultation took place from 19 October to 16 November 2022

· Council staff have analysed the submissions and recommend no changes to the draft amended Bylaw in response to these submissions (attachment 1)

· Attachment 2 is the proposed final amended bylaw for adoption.

tŪtohunga / Recommendation

That Council:

a. approve, the recommendations in the staff report on amendments to the Parking Bylaw in attachment 1 that no changes are made in response to submissions.

b. amend schedule 1, Clause 7, to Include Wendywood Lane to the Parking Bylaw - the east side of Wendywood Lane from the intersection with Stella Drive to the cul-de-sac.

c. amend the Parking Bylaw under section 22AB of the Land Transport Act 1998.

1) TĀhuhu kŌrero / Background

On 10 February 2022 the Far North District Council received an Instrument of Delegation from the Waka Kotahi NZ Transport Agency authorising the Council to control parking on the scheduled portions of State Highways in the district.

On 07 April 2022 Council determined that the Parking Bylaw, to be made under section 22AB of the Land Transport Act 1998, be amended to include the regulation of parking and stationary vehicle offences on State Highways as per the delegation given by Waka Kotahi NZ Transport Agency.

The Waka Kotahi NZ Transport Agency delegation agreement requires Council to consult when amending a bylaw to include the delegations.

On 06 September 2022 the Strategy and Policy Committee approved a proposal for an amended Bylaw to be released for public consultation.

Consultation took place from 19 October to 16 November 2022 and no oral submissions were requested.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The report in Attachment 1 summarises the public submissions and recommends no change to the draft amended bylaw in response to these submissions. If these recommendations are agreed to Council staff advise that the amended parking Bylaw in Attachment 2 is an appropriate form of bylaw for the purposes of section 22AB of the Land Transport Act 1998.

Compliance with the New Zealand Bill of Rights Act 1990

Under section 155(3) of the Local Government Act 2002 the content of the new bylaw must be consistent with the New Zealand Bill of Rights Act 1990. Council staff have identified two rights that may be impacted by the new bylaw.

The bylaw may potentially have implications on Section 19: Right to freedom from discrimination on the grounds of discrimination in the Human Rights Act. The provisions for disabled parking may impact on this right.

However, based on the content of the draft bylaw, Council staff consider any impact is justified. The draft bylaw provisions for specified parking spaces to be used only by people with disabilities are permitted under section 19(2) of the New Zealand Bill of Rights Act 1990, as “measures taken in good faith for the purpose of assisting or advancing persons or groups of persons disadvantaged”.

The bylaw may also have implications on section 21: Right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence. Vehicles to be removed from the road may impact on this right.

However, the bylaw does not contain any new powers for search or seizure, the applicable powers (that are cross-referenced in the bylaw) are in statutes.

Resolutions for the Bylaw

According to the current Bylaw the council may, by resolution, add or remove any road, or part of a road, from Schedules 1, 2 or 3.

Consultation on the mobility parking was not a requirement. However, since consultation was required for the State Highway delegations, staff decided to consult on the mobility parking amendments.

Since the completion of the consultation on the amendments to the Parking Bylaw, Northland Transport Alliance would like to include Wendywood Lane into Schedule 1, Clause 7. This does not require consultation.

In order to enact the delegations, they must be in the bylaw.

1. Include the four sections of State Highway that Waka Kotahi has delegated the power of control of parking and stationary vehicle offences to the Far North District Council into the Parking Bylaw.

The four sections of Highway are:

Description	Road Positions	Approximate locations of delegation extent
Kawakawa	SH01N,198,12535 to SH011,0,1133	Whitemans Road to Rayner Street
Paihia	SH011,14,2892 to SH011,14,1254	Public toilets corner Seaview and Marsden Roads to roundabout at Marsden and Puketona Roads
Kaitaia	SH01N,104,5250 to SH01N,104,8343	Te Ahu to North Park Drive
Kaikohe	Between SH012,10,1062 and SH012,09,276 and SH015,9,1293	Quarry Road to Orrs Road, and Junction of SH12 and 15 to Cumber Road

2. Include the following mobility parking amendments to the Parking Bylaw, to Schedule 2, Part B:

Location	Township	Comments
Broadway (SH 12) near Westpac Bank	Kaikohe	Renew markings & sign face
Broadway (SH 12) at Post Office	Kaikohe	New parallel bay & signing
Broadway (SH 12) near Paint Shop	Kaikohe	Renew markings & drop kerb
Dickeson Street	Kaikohe	Remark 2 bays & shift to accommodate clearance zones between spaces
Broadway (SH 12) outside Hire Shop	Kaikohe	Create new angled bay with clearance zone, remount signage
Broadway (SH 12) outside Thai Takeaway	Kaikohe	Remove mobility parking
New Memorial Ave near WINZ	Kaikohe	Create new parallel bay & signage
Clendon Esplanade outside Foursquare	Rawene	Create new angled bay with clearance zone
Kohukohu Road outside Post Office	Kohukohu	Create new angled bay with clearance zone
Kohukohu Road at intersection with Rakautapu Rd.	Kohukohu	Create new parallel bay and signage
Gillies Street at Post Office	Kawakawa	Create new perpendicular bay with clearance zone. New signage and drop kerb
Gillies Street (SH 1) at Wynard Street	Kawakawa	Remark existing car parallel bay, install new signage
Williams Road near Post Office	Paihia	Create new parallel bay and signage
Chapel Street @ the RSA	Russell	Remark perpendicular bay
Fairway Drive serving Community Fitness	Kerikeri	Create new parallel bay and signage
Melba Street at Remembrance Park	Kaitaia	Create two new parallel bays with signage
Melba Street at Shackleton's Pharmacy	Kaitaia	Relocate existing parallel bay
Commerce Street at Old Pak’n’Save	Kaitaia	Removal of mobility car park
Commerce Street near ANZ Bank	Kaitaia	Remark existing parallel bay, remove No Stopping markings
Commerce Street at Post Office	Kaitaia	Create new parallel bay, signage and drop kerb
Bank Street @ Commerce Street	Kaitaia	Remark parallel bay, create new drop kerb
Bank Street near Boxing Club	Kaitaia	Remark two parallel bays, create new drop kerbs
Commerce Street @ Bank Street	Kaitaia	Create new parallel bay, signage and drop kerb

3. Include Wendywood Lane to the Parking Bylaw - the east side of Wendywood Lane from the intersection with Stella Drive to the cul-de-sac, to Schedule 1, Clause 7.

Council staff have addressed the appropriateness of the form and content of the Bylaw by:

· drafting the bylaw under section 22AB of the Land Transport Act 1998.

· ensuring best practice drafting standards have been followed (as advocated by Parliamentary Counsel Office).

· using plain English.

Take Tūtohunga / Reason for the recommendation

The amended Parking Bylaw in attachment 2 can be made, under section 22AB of the Land Transport Act 1998, following the changes recommended in the report in attachment 1, it:

a. is an appropriate form of bylaw; and

b. the bylaw provisions will be reasonable limits on the rights in the New Zealand Bill of Rights Act 1990.

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

The costs to implement the amendments to the bylaw will come from existing operational budgets.

Āpitihanga / Attachments

1. Analysis of Submissions - Amendment to Parking Bylaw - A4034694 ⇩

2. Final Parking Bylaw - A3678643 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	In line with the Significance and Engagement Policy the recommendation to continue the bylaw will have little effect on financial thresholds, ratepayers, specific demographics, or levels of service. The recommendation is consistent with existing plans and policies. Therefore, the level of significance is 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 Local Government Act 2002, sections 82, 83, 145, 155 and 160 and the Land Transport Act 1998, Section 22AB, applies to the decision recommended in this report.
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 Parking Bylaw is not within the delegations of the Community Boards. However, the Community Boards views were sought at a combined community board workshop.
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 implications for Māori from the regulation of parking are similar to the impacts on communities generally. The amended bylaw will have the same effect as the current bylaw. Māori had an opportunity to contribute during the consultation process.
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).	Affected and interested parties were given an opportunity to share their views and preferences during the consultation phase including: •Disability Awareness Group •Northern Transport Alliance •CCS Northland
State the financial implications and where budgetary provisions have been made to support this decision.	The costs to implement the amendments to the bylaw will come from existing operational budgets.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

9 February 2023

7.9 Easter Sunday Shop Trading Policy - Recommendations for Making a New Policy

File Number: A4023210

Author: Donald Sheppard, Sustainability Programme Coordinator

Authoriser: Angie Thomas, Acting Chief Financial Officer

Take Pūrongo / Purpose of the Report

To recommend that the Council adopt the Easter Sunday Shop Trading Policy.

WhakarĀpopoto matua / Executive Summary

· On 24 February 2022, Council approved the development of a new policy allowing shops to open on Easter Sunday throughout the Far North District

· A new policy is required because the current policy will automatically revoke on 17 February 2024

· On 3 May 2022, the Strategy and Policy Committee approved a Statement of Proposal for a new Easter Shop Trading Policy to be released for public consultation

· The initial consultation took place from 9 May to 10 June 2022. A second round took place from 28 July to 26 August 2022, as the Strategy and Policy Committee requested further consultation with religious groups

· In total, 140 written submissions were received - 113 in Stage One and 27 in Stage Two

· Overall, 62% of the submissions were in favour of the draft policy with 36% against

· Council staff have analysed the submissions, including further submissions from religious organisations and interdenominational associations from the second round of consultation. See Attachment 1 – Updated Analysis of Submissions

· Attachment 2 is the proposed final policy, which staff recommend for adoption.

tŪtohunga / Recommendation

That the Council:

a) uplift the report ‘Easter Sunday Shop Trading Policy – Recommendations for making a new policy’ from the table;

b) agree to the recommendations in the staff report analysing the submissions that:

i) the word “shop” is replaced with “Shop” throughout the Policy;

ii) in the definition of the word “Shop”, the words “shop in section 2 of” is added after “the same meaning as in”;

iii) the definition of “Shop employee” is deleted;

iv) in the ‘Application’ section of the policy, the words “legislative provisions” are replaced with “legislative instruments” and the words “licensing provisions” are replaced with “licensing laws”;

v) in the ‘Legislative Context’ section, the date of the Supply of Alcohol Act is changed from “2021” to “2012”.

c) under section 5A of the ‘Shop Trading Hours Act 1990’, adopt the Easter Sunday Shop Trading Policy as per attachment 2;

d) revoke the Easter Sunday Trading Policy 2017.

1) TĀhuhu kŌrero / Background

Under section 5C of the Shop Trading Hours Act 1990, the current Easter Sunday Trading Policy 2017 will revoke on 17 February 2024 as it was not reviewed by 17 February 2022. Therefore, a new policy is required.

On 24 February 2022, Council, as the governing body, resolved that a new policy should be developed to allow shops to open on Easter Sunday throughout the Far North District (Resolution 2022/5 refers).

On 3 May 2022, the Strategy and Policy Committee approved the release of a statement of proposal for a new Easter Shop Trading Policy for public consultation (Resolution 2022/22 refers).

As required by section 5B of the Act, consultation followed the special consultative procedure.

Public consultation took place between 9 May and 10 June 2022. 113 written submissions were received, with 76% in favour of the proposed policy. The consultation was widely advertised in community newspapers and through social media. Over 3,000 people on the Council’s consultation mailing list were also invited to submit.

On 26 July 2022, the Strategy and Policy Committee resolved that the proposed policy should ‘lie on the table’ to provide for email-invited input from religious organisations, including any inter-denomination associations, in the district” (Resolution 2022/46 refers).

In the second round of consultation, email invitations were sent to a comprehensive list of religious organisations including interdenominational associations in the District inviting their feedback on the proposed policy. This additional round took place from 28 July to 26 August 2022, and 27 new written submissions were received, with 96% opposing the draft policy.

In total 140 written submissions were received with 62% in favour of the draft policy, 36% against, and 2% either unclear regarding what they wanted or unsure.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Report analysing the submissions and making recommendations

The report in Attachment 1 summarises the submissions from the public and analyses their content. This report recommends that the draft policy is adopted by the Council under section 5A of the Act, subject to several minor drafting changes.

Content and form of the proposed policy

The proposed new policy is consistent with the current Easter Sunday Trading Policy 2017, allowing shops to open on Easter Sunday throughout the Far North District.

Council staff have addressed the appropriateness of the form and content of the Policy by:

· drafting the policy under section5A of the Shop Trading Hours Act 1990

· ensuring best practice drafting standards have been followed (as advocated by Parliamentary Counsel Office)

· using plain English

· including a map of the area of jurisdiction (the Far North District).

Take Tūtohunga / Reason for the recommendation

The new Easter Sunday Shop Trading Policy can be adopted because it follows the requirements of the Act. In addition, 62% of submitters are in favour of allowing Easter Sunday trading across the district.

Reasons to adopt the new policy are:

· The Policy supports the social and economic wellbeing of communities in the District

· The Policy supports businesses that rely on tourist trade during the long Easter weekend

· No complaints or issues have been recorded with the current Policy which allows Easter Sunday shop trading across the District

· Applying the Policy throughout the District is fair to all businesses

· The Policy does not prevent workers from opting not to work on Easter Sunday. The right to refuse to work on Easter Sunday is protected in section 5H of the Act

· The Policy does not stop Christians observing their faith on this holy day.

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

The costs to implement the new Policy will come from existing operational budgets.

Āpitihanga / Attachments

1. Updated Analysis of Submissions - Easter Sunday Shop Trading Policy - A4025994 ⇩

2. Easter Sunday Shop Trading Policy 2023 - A4025996 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	The Easter Sunday Shop Trading Policy has a low level of significance as: a) it does not involve the transfer of ownership or control of a strategic asset or other important asset; and b) it is not inconsistent with current Council plans and policies.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The Easter Sunday Shop Trading Policy will be made under the Shop Trading Hours Act 1990. The Policy will help achieve a key community outcome listed in Council’s Long Term Plan 2021-2031: Having prosperous communities supported by a sustainable economy. The Policy will support businesses who rely on the tourist trade during the long Easter weekend. Applying this Policy across the whole District is considered fair for all retail businesses in the district.
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 proposal has district-wide relevance and is not within the delegations of Community Boards to consider. However, in December 2021 Community Board members and Councillors were invited to provide feedback on the Policy via an informal poll on the elected members’ lounge. All the poll responses were in favour of continuing to allow Easter Sunday trading across the whole district.
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 proposed Policy does not relate to land and/or any body of water. The implications for Māori from the Policy provisions are similar to the impacts on communities generally. Seeking the views and input of iwi in the development of policies is integral. Māori were given the opportunity to consult as part of the special consultative procedure.
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).	It is likely that the Policy will have broad interest across the community including from shop employers and employees and those who may wish to purchase goods and services on Easter Sunday. Interested and affected parties are likely to include: a. Christians in general b. leaders of religious organisations and interdenominational associations b. unions representing shop workers c. business associations. All four of these groups received personalised email invitations to submit on the proposed policy
State the financial implications and where budgetary provisions have been made to support this decision.	The cost of implementing a new Easter Sunday Shop Trading Policy (largely relating to publicising the Policy) will be met from existing budgets.
Chief Financial Officer review.	This report has been reviewed by the Chief Financial Officer.

Ordinary Council Meeting Agenda

9 February 2023

7.10 Parks and Reserves Bylaw - Recommendations for making a new bylaw

File Number: A4023177

Author: Zac Whitsitt, Policy Advisor

Authoriser: Angie Thomas, Acting Chief Financial Officer

Take Pūrongo / Purpose of the Report

To approve the adoption of the Parks and Reserves Bylaw based on staff recommendations.

WhakarĀpopoto matua / Executive Summary

· On 21 May 2020 Council agreed that a bylaw under the Local Government Act 2002 is the most appropriate way to address problems with nuisance and health and safety on Council-controlled parks and reserves

· On 30 June 2022, based on staff recommendations, Council approved that a new Parks and Reserves Bylaw be drafted under both the Reserves Act 1977 and the Local Government Act 2002

· On 30 June 2022 Council approved a proposal for a new Parks and Reserves Bylaw to be released for public consultation

· The period for written submissions was 1 July to 29 July 2022 and 24 written submissions were received

· Two oral submissions were heard by the Strategy and Policy Committee, one on 26 July 2022 and one on 6 September 2022

· Upon analysis of the submissions, Council staff recommend the bylaw proceed subject to minor amendments.

tŪtohunga / Recommendation

That Council:

a. agree to staff recommendations in the analysis of submissions that:

i. in clause 10(3) and 10(4) of the proposed bylaw the line “This restriction does not apply to emergency services” is added.

ii. in clause 12, a new sub-clause is added 12(3) that says, “No person shall bring any dog on to any park or reserve or allow any dog in their custody or under their control to remain on any park or reserve that is specified in the Council's Dog Management Policy as parks or reserves where dogs are not permitted.”

iii. the subclauses be renumbered correctly.

b. make the Parks and Reserves Bylaw under Section 106 of the Reserves Act 1977 and Section 145 of the Local Government Act 2002

1) TĀhuhu kŌrero / Background

The Reserves Bylaw 2017 revoked under section 160A of the Local Government Act 2002, due to not being reviewed in the required timeframe. Since 2017, the Far North District Council has been regulating behaviour on parks and reserves directly under various pieces of legislation. Often, this has resulted in council being unable to adequately respond to instances of nuisance and public health and safety concerns.

On 21 May 2020, council determined that a new bylaw made under the Local Government Act 2002 is the most appropriate way to address perceived and known problems on council-controlled parks and reserves. (Resolution 2020/28).

During the process of creating a draft bylaw, council staff determined that making a bylaw under the Reserves Act 1977 and Local Government Act 2002 was the most appropriate way to address concerns relating to parks and reserves by providing council with greater options for enforcement against nuisance and public health and safety breaches.

On 14 June 2022, the Strategy and Policy Committee recommended that council approve a proposed bylaw made under both the Reserves Act 1977 and Local Government Act 2002 for public consultation (Resolution 2022/39). Council further resolved on 30 June 2022 to release the proposed Parks and Reserves Bylaw for public consultation (Resolution 2022/1).

24 written responses were received during the consultation which ran from 1 July to 29 July 2022. One oral submission was heard by the Strategy and Policy Committee on 26 July 2022, and a second oral submission on 6 September 2022.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The analysis of submissions (attachment 1) provides analysis and summaries of all submissions received during the public consultation period. Two recommendations were made as a result of the submissions, if these recommendations are agreed to, Council staff advise that the Parks and Reserves Bylaw (attachment 2) is an appropriate form of bylaw under section 155(2)(a) of the Local Government Act 2002.

Impact on Māori

The proposed Parks and Reserves Bylaw does not interfere with or limit the ability for iwi and hapū to manage and contribute to the preservation and access of their taonga, wāhi tapu and/or areas of significance.

It is envisaged that this bylaw will protect those special and sacred sites from nuisance, damage, and disrespectful behaviour by other users of parks and reserves and provide council with enforcement opportunities when this is jeopardised. This bylaw does not impede the kaitiaki responsibilities of tangata whenua over their significant landmarks.

Through the approvals process, iwi/hapū can seek written permission to conduct certain activities as permitted in the bylaw.

Bill of Rights assessment

Section 155(2)(b) of the Local Government Act 2002 requires the council to consider whether the proposed bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990. The New Zealand Bill of Rights Act 1990 affirms, protects, and promotes our human rights and fundamental freedoms in Aotearoa, New Zealand and is designed to protect New Zealanders against actions of the state.

An assessment of the proposed bylaw has identified that there may be some implications under Section 18(1) which states that everyone lawfully in New Zealand has the right to freedom of movement by preventing people from entering a reserve when it is closed, or an event is being held. As the Council is the owner of park and reserve land, reasonable measures to ensure the protection of the land and other people’s rights and freedoms are maintained.

The proposed bylaw may also have implications on Section 21: Security Against Unreasonable Search or Seizure, whether of the person, property, or correspondence. Enforcement of the bylaw is provided for under section 163 of the Local Government Act 2002. This bylaw does not confer new abilities that are not already provided for under legislation.

Section 5 of the New Zealand Bill of Rights Act 1990 provides a mechanism to outline reasonable limits as prescribed by law. Limitations on rights prescribed are made in accordance with Section 5 of the New Zealand Bill of Rights Act 1990.

Take Tūtohunga / Reason for the recommendation

The Parks and Reserves Bylaw can be made under section 145 of the Local Government Act 2002 and Section 106 of the Reserves Act 1977. Following the changes recommended in the analysis of submissions (attachment 1), it:

a. is an appropriate form of bylaw; and

b. the bylaw provisions will be reasonable limits on the rights in the New Zealand Bill of Rights Act 1990.

Next Steps

It is a requirement of section 108 of The Reserves Act 1977 to seek approval by the minister before the bylaw has any force or effect. This is delegated to the Department of Conservation. Staff propose that the bylaw come into effect on the 16th February to allow for this approval to be obtained.

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

Costs associated with making this bylaw will be met from existing budgets.

Āpitihanga / Attachments

1. Analysis of Submissions - Parks and Reserves - A3813647 ⇩

2. Final Parks and Reserves Bylaw 2023 - A3817974 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	The Parks and Reserves policy has a low level of significance as it does not result the transfer or ownership, or control of a strategic asset or other important asset. The bylaw does not result in a significant spend or a decrease in services provided.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	This bylaw is made under the Reserves Act 1977 and the Local Government Act 2002. It supports access to parks and reserves and contributes to the Long-term plan 2021-2031 value of Kaitiakitanga: Environmental stewardship and sustainability and the community outcome of A wisely managed and treasured environment that recognises the role of tangata whenua as kaitiaki
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 proposed Parks and Reserves Bylaw has district-wide implications and is beyond the scope of community board delegations.
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 Parks and Reserves Bylaw has the same impact for iwi and hapū as communities generally. The bylaw does not prevent or prohibit any access to taonga and sites of significance for iwi/hapū and does not result in a transfer of kaitiaki responsibilities. The bylaw recognises the role of tangata whenua as kaitiaki over their significant taonga and wāhi tapu sites.
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 proposed Parks and Reserves Bylaw has an impact on all public users of parks and reserves. The proposal was publicly consulted where members of the public who use parks and reserves were able to provide their feedback and views on the proposal.
State the financial implications and where budgetary provisions have been made to support this decision.	There is no financial implication to make this bylaw. The cost of monitoring this policy will be met from existing budgets.
Chief Financial Officer review.	The Chief Financial Officer Acting has reviewed the report

Ordinary Council Meeting Agenda

9 February 2023

7.13 Update of Council Delegations - Resource Management Act 1991

File Number: A4045985

Author: Janice Smith, General Manager - Corporate Services

Authoriser: Blair King, Chief Executive Officer

Take Pūrongo / Purpose of the Report

To update the existing delegation of powers under the Resource Management Act 1991 to reflect changes to position titles.

WhakarĀpopoto matua / Executive Summary

· In December 2016, Council resolved to delegate powers relating to the appointment of Commissioners, under the Resource Management Act 1991 (RMA), to positions within the then District Services team.

· In February 2019, Council resolved to delegate powers under the RMA to positions within the then District Services team.

· The powers that are delegated allow Council staff to carry out the day-to-day functions of the RMA in an efficient and effective way.

· The department has recently been re-aligned and position titles have been amended.

· To ensure that work can continue under the powers granted to Council by the RMA the attached instrument of delegation has been amended.

tŪtohunga / Recommendation

That Council approve the instruments of delegation as attached:

a. Resource Management Act 1991

b. Appointment of Commissioners

1) TĀhuhu kŌrero / Background

In 2016 and 2019, Council approved instruments of delegation relating to powers granted to it by the RMA.

The powers that are delegated allow Council staff to carry out the day-to-day functions of the RMA in an efficient and effective way.

If the delegations did not exist, staff would have to seek Council approval for every action required to be taken under the legislation. This is neither practical nor efficient.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The department to which the delegations were made was the District Services department. The department has recently been re-aligned and position titles have been amended.

To ensure that work can continue under the powers granted to Council by the RMA the attached instruments of delegation have been amended to reflect the new position titles.

The powers delegated have not been amended in anyway and remain as previously approved.

Take Tūtohunga / Reason for the recommendation

To update the schedule of delegations to align with the new position titles.

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

There are no financial implications arising from this report.

Āpitihanga / Attachments

1. Delegations - CNCL - RMA updatd Dec 22 - A4045989 ⇩

2. Delegations - CNCL - Commissioners updated Dec 22 - A4045992 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Resource Management Act 1991
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 District Wide issue as the RMA applies to the whole District
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 delegation of powers to officers does not affect the requirement for Iwi/Hapu involvement in the overall consent process.
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 relevant to this report
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications from this report
Chief Financial Officer review.	CFO (Acting) has reviewed the report

Ordinary Council Meeting Agenda

9 February 2023

7.14 Draft Triennial Agreement (2022-2025)

File Number: A4062340

Author: Aisha Huriwai, Team Leader Democracy Services

Authoriser: Janice Smith, General Manager - Corporate Services

Take Pūrongo / Purpose of the Report

To authorise the Mayor to sign the Triennial Agreement.

WhakarĀpopoto matua / Executive Summary

· Local Authorities within a region must enter into a triennial agreement no later than 01 March after each local election.

· A Triennial Agreement is to agree protocols for communication and collaboration.

· An earlier version was emailed to Mayor and Councillors for feedback.

· This report outlines some of the feedback that was incorporated.

tŪtohunga / Recommendation

That Council authorise the Mayor to sign the draft Triennial Agreement (2022-2025) as attached for signing on behalf of Far North District Council at the 20 February 2023 Mayoral Forum.

1) TĀhuhu kŌrero / Background

The Local Government Act 2002 requires all local authorities within a region to enter into a triennial agreement no later than 01 March after each triennial general election.

The LGA 2002 s 15 provides the guidelines for triennial agreements:

“15 Triennial agreements

(1) Not later than 01 March after each triennial general election of members, all local authorities within each region must enter into an agreement containing protocols for communication and co-ordination among them during the period until the next triennial general election of members.

(2) Each agreement must include a statement of the process for consultation on proposals for new regional council activities.

(3) After the date specified in subsection (1), but before the next triennial general election of members, all local authorities within each region may meet and agree to amendments to the protocols.

(4) An agreement remains in force until replaced by another agreement.”

Far North District Council, Kaipara District Council, Whangarei District Council and the Northland Regional Council through the Northland Mayoral Forum have drafted the attached Triennial Agreement for Council approval. This agreement meets the provisions set out in Part 2 s 15 of the LGA 2002. Therefore, it is recommended that Council endorse the attached triennial agreement by authorising the Mayor to sign as their representative, to meet Council’s obligations under the Local Government Act 2002.

The Triennial Agreement was reviewed by both the Chief Executives’ Forum and the Northland Mayoral Forum prior to the elections with a focus on areas for refinement or improvement. In summary the proposed refinements were as follows:

· Referencing the degree of change that will be faced by Local Government in the 2022-2025 triennium;

· Committing to a review of the Northland|Forward Together strategic vision and values document;

· Including the Joint Change Adaptation Committee and the Joint Regional Economic Development Committee (established in the previous triennium);

· Progressing work to investigate the formation of the Northland Transportation Alliance as a legal body; and

· Reference to Zone 1’s commitment to collective decision making.

While some of the Northland Council’s held a workshop, Far North District Council emailed a draft version for feedback. Staff collated feedback and the following amendments were approved in principle at the 28 November 2022 Mayoral Forum for inclusion:

· Committing to a review of the Relationship Agreement between the Northland councils and Te Kahu o Taonui;

· Providing further detail on Zone 1 representation on LGNZ National Council, the Young Elected Members Committee and Te Maruata;

· Including reference to local government representation on the Sport Northland Board; and

· Minor typographical amendments.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The agreement is formally signed at the Mayoral Forum prior to the March deadline.

Council effectively has 3 options.

1. Authorise the Mayor to sign the Triennial Agreement as attached

2. Request further changes

3. Decline to support the Triennial Agreement at this stage.

If further changes are considered necessary, it would require negotiation with the other Councils to ensure agreement. Given that members have already had opportunity for input, further changes would not only potentially put Council in breach of its statutory obligation but could be damaging to Northland’s reputation as a whole if the Councils can’t commit to working together.

Take Tūtohunga / Reason for the recommendation

To meet Council’s obligations under the Local Government Act 2002.

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

There are no financial implications or need for budgetary provision in approving the Triennial Agreement. Any projects that eventuate as a result of the agreement would need to be considered on a case-by-case basis.

Āpitihanga / Attachments

1. Draft Triennial Agreement (2022-2025) - A4062346 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This is considered to be 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 is a requirement under the Local Government Act as stated in the background section.
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.	There are no specific implications on Community Boards.
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 Triennial Agreement commits to a review of the Relationship Agreement with Te Kahu o Taonui, as the iwi leaders for the region.
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 does not specifically affect any identified persons.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report

Ordinary Council Meeting Agenda

9 February 2023

7.15 District Licensing Committee Appointments

File Number: A4053313

Author: Rochelle Deane, Manager - Environmental Services

Authoriser: Jacine Warmington, Manager - Community and Customer Services

Take Pūrongo / Purpose of the Report

To appoint a second District Licensing Committee (DLC) for the district; and

Appoint Murray Clearwater as Chair of a second District Licensing Committee; and

Appoint new Deputy Chairs to the two Committees

WhakarĀpopoto matua / Executive Summary

· Each territorial authority (TA) must appoint one or more licensing committees as, in its opinion, are required to deal with licensing matters for the district.

· Post-election on the 15 December 2022 Council resolved to appoint Councillor Ann Court as DLC Chairperson and Councillor Felicity Foy as Deputy Chair.

· Councillor Felicity Foy has evaluated the time required for this role in relation to the roles she already carries and no longer wishes to carry out the role of Deputy Chair nor be on the committee.

· With the resignation of Councillor Felicity Foy as Deputy Chair of the current DLC, a new Deputy Chair may be appointed to the Committee.

· A Deputy Chairperson must be a member of the Territorial Authority.

· A chairperson of a DLC can either be an Elected Member or Commissioner.

· To ensure the necessary alcohol licensing knowledge, skills and experience is maintained in any absence of the current Chair of the DLC, it is recommended that Murray Clearwater currently on the DLC Committee, is appointed Chairperson of a second DLC as a Commissioner.

· A second Deputy Chair may be appointed to the second DLC.

· To complete a hearing started within her tenure of Chair of the DLC, Kōwhai – Deputy Mayor Kelly Stratford is required to be appointed to the DLC committee as a member.

tŪtohunga / Recommendation

That Council:

a) appoints a second DLC Committee for the district.

b) appoint Murray Clearwater as Chair of a second District Licensing Committee as a Commissioner.

c) may appoint two new Elected Members as Deputy Chairs of the two District Licensing Committees.

d) remove Councillor Foy as a member of the DLC Committee

e) Appoint Kōwhai – Deputy Mayor Kelly Stratford as a member of the DLC committee.

1) TĀhuhu kŌrero / Background

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

On 15 December 2022 Council resolved to appoint the following DLC post-election:

· Chairperson - Ann Court (Councillor)

· Deputy Chairperson – Felicity Foy (Councillor)

· Murray Clearwater - Member

· Martin Macpherson – Member

· Stewart Wright – Member

· Kirsty Parsonson – Member

· John Thorne – Member

· Lisa McNab – Member.

Councillor Felicity Foy has evaluated the time required for this role in relation to the roles she already carries and no longer wishes to carry out the role of Deputy Chair nor be on the committee.

With the resignation of Councillor Felicity Foy as Deputy Chair, a new Deputy Chair may be appointed to the Committee.

To ensure the necessary alcohol licensing knowledge, skills and experience is maintained in any absence of the Chair, it has been recommended that Murray Clearwater currently on the DLC Committee, is appointed Chair as a Commissioner of a second DLC.

A Deputy Chair may also be appointed to this second Committee.

Kōwhai – Deputy Mayor Kelly Stratford held the position of Chairperson of the DLC until her resignation in December 2022. For an ongoing DLC matter, Kowhai – Deputy Mayor Kelly Stratford is required to sit on a reconvening hearing which will require appointment to the DLC committee as a member.

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 by 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.

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).

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

186 Territorial authorities to appoint district licensing committees

1) Each territorial authority must appoint 1 or more licensing committees as, in its opinion, are required to deal with licensing matters for its district.

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.

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) (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.

Committee Member Murray Clearwater holds the necessary character, standing and qualifications to be appointed as the Chair of a DLC as a Commissioner. None of the s193(3) exclusions apply.

Refer Attachment A – Murray Clearwater Profile.

Option 1: Status Quo with one DLC for the District

Advantages

Disadvantages

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

· Any newly appointed Deputy Chair will not immediately have the level of technical alcohol licensing knowledge as a specialist to carry out the role of Deputy Chair if required. Would have reliance on others for technical assistance.

· No contingency for workload increases

Option 2: The adoption of Murray Clearwater as a Commissioner of a second DLC

Advantages

Disadvantages

· Alcohol licensing knowledge, skills and experience is maintained in any absence of either Chair.

· Any increase in workload can be managed effectively with two DLC Chair’s, providing better service for the community.

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

· Deputy Chairs of the two DLC will continue to learn and gain experience.

· No disadvantages unless such a DLC had no local members

Take Tūtohunga / Reason for the recommendation

This report recommends option 2, to ensure the necessary alcohol licensing knowledge, skills and experience is maintained in any absence of a Chair.

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

1. Attachment A Murray Clearwater Profile 2023 - A4055778 ⇩

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.

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.