Agenda of Ordinary Council Meeting - Thursday, 6 April 2023

6 April 2023

5.1 Confirmation of Previous Minutes

File Number: A4107477

Author: Rhonda-May Whiu, Democracy Advisor

Authoriser: Aisha Huriwai, Team Leader Democracy Services

Purpose of the Report

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

RECOMMENDATION

That Council confirms the minutes of the Council meeting held 9 March 2023 and of the Extraordinary Council Meetings held 21 March 2023 and 23 March 2023 as a true and correct record.

1) Background

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

2) Discussion and Options

The minutes of the meetings are attached.

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

Reason for the recommendation

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

3) Financial Implications and Budgetary Provision

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

Attachments

1. 2023-03-09 Council Minutes - A4116184 ⇩

2. 2023-03-21 Extraordinary Council Minutes - A4137203 ⇩

3. 2023-03-23 Extraordinary Council Minutes - A4140935 ⇩

Compliance schedule:

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

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

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

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

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

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

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This is a matter of low significance.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	This report complies with the Local Government Act 2002 Schedule 7 Section 28.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	It is the responsibility of each meeting to confirm their minutes therefore the views of another meeting are not relevant.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	There are no implications for Māori in confirming minutes from a previous meeting. Any implications on Māori arising from matters included in meeting minutes should be considered as part of the relevant report.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example, youth, the aged and those with disabilities).	This report is asking for minutes to be confirmed as true and correct record, any interests that affect other people should be considered as part of the individual reports.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications or the need for budgetary provision arising from this report.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Ordinary Council Meeting Agenda

6 April 2023

6 Reports

6.1 Wastewater Drainage Bylaw Review

File Number: A4061489

Author: Donald Sheppard, Policy Advisor

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

Take Pūrongo / Purpose of the Report

The purpose of this report is for Council to agree to defer the review of the Wastewater Drainage Bylaw.

WhakarĀpopoto matua / Executive Summary

· On 24 May 2018 Council made the Wastewater Drainage Bylaw (the Bylaw)

· Under section 158 of the Local Government Act 2002, the Bylaw is due for review by 24 May 2023

· However, section 25, Part 6, Schedule 5, of the Three Waters Entities Act 2022 has amended section 158 of the Local Government Act 2002, so Council can decide to defer reviewing three waters bylaws

· If Council decides to defer the Bylaw review:

o the Bylaw will remain in force until at latest 1 July 2026

o Council can decide to review the Bylaw at any time before 1 July 2026.

· The Bylaw provides a clear legal framework to manage, operate and maintain Council's wastewater networks, protect the health and safety of the public and wastewater authority personnel, and protects public sewers from damage and interference by the public

· A bylaw is still the most appropriate way to address these problems

· Council staff recommend deferring the review of the Bylaw

· If council decides to conduct the review, the Bylaw should continue with amendments to improve certainty and clarity.

tŪtohunga / Recommendation

That Council defer the review of the Wastewater Drainage Bylaw under section 158 of the Local Government Act 2002 as amended by section 25, Part 6, Schedule 5, of the Three Waters Entities Act 2022

1) TĀhuhu kŌrero / Background

The Wastewater Drainage Bylaw (Bylaw) was made on 24 May 2018. Under section 158 of the Local Government Act 2002, the Bylaw is due for review by 24 May 2023.

However, the Water Services Entities Act 2022 has amended section 158 of the Local Government Act 2002 to allow Council to decide to defer the review of three waters bylaws until no later than 1 July 2026. The decision to defer the Bylaw review must be made during the transition period from 14 December 2022 to 1 July 2024 before Water Services Entities come into existence under the Three Waters Reform Programme.

If Council decides not to defer the review and proceed with the review, Council is required under section 155 of the Local Government Act 2002 to consider whether the Bylaw:

· is still the most appropriate way of addressing the perceived problems with respect to wastewater drainage

· is still the most appropriate form of bylaw

· gives rise to any implications under the New Zealand Bill of Rights Act 1990.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The Wastewater Drainage Bylaw

The Bylaw concerns domestic wastewater discharged into the public wastewater system, defined as either wastewater which is discharged from premises used solely for residential activities or wastes of the same character discharged from other premises. The Bylaw does not regulate 'trade waste' discharged into the wastewater system from trade or industrial premises.

Review findings

The review identified that a bylaw is still the most appropriate way to address the following problems relating to wastewater drainage.

· Needing a clear legal framework to manage, operate and maintain Council's wastewater networks

· Defining the dividing line between private wastewater drainage and the public system

· Risks to the health and safety of wastewater authority personnel and the general public by:

o preventing unacceptable contaminants and stormwater entering the wastewater drainage system

o preventing contamination of the wastewater drainage system by hazardous substances

o ensuring connections to and disconnections from the public wastewater network meet correct technical standards

o limiting excessive discharge flow rates into the wastewater network

o restricting or prohibiting the discharge of wastewater in emergency situations.

· Risks to Council’s investment in existing and any future wastewater infrastructure, treatment plant and disposal facilities by:

o protecting public sewers from damage due to construction, excavation, and/or other work near these sewers

o protecting the wastewater system from damage caused by hazardous substances

o protecting the wastewater system from misuse and interference by the public.

The review identified that the current Bylaw is not the most appropriate form of bylaw because it is not clear and certain. Amendments were identified to provide greater clarity and certainty. See the attached Review Research Report for a full account of these amendments. These changes would not affect the enforcement of the Bylaw.

Review Options

Option One: Decide to defer the Bylaw review (recommended Option)
Under section 158 of the Local Government Act 2002 as amended by three waters legislation, Council can decide to defer reviewing the Bylaw until no later than 1 July 2026. The Bylaw would continue to be in effect, and Council can review the Bylaw at any time before 1 July 2026. This decision would not be the subject of public consultation.

Deciding to defer the Bylaw review means that potential amendments to the Bylaw would not occur. These amendments are assessed by Council staff to be of only low or medium importance.

If three waters reforms proceed as planned, 'Entity A' will regulate and control wastewater services in the district. However, there is some uncertainty regarding when and how these reforms will occur. For example:

· the Bylaw may be revoked in full on 1 July 2024 or at a later date

· Entity A may only regulate some of the district’s wastewater drainage system and Council will still need to regulate and control some functions.

Advantages and disadvantages of deciding to defer the Bylaw review

- Advantages

- Continuing to have a Bylaw is an appropriate way to manage the problems associated with wastewater drainage

- The Bylaw addresses the problems associated with wastewater drainage

- Inefficient use of resources required to amend a Bylaw that may only be in effect until 01 July 2024 would be avoided

- This Option recognises current uncertainties regarding three waters reforms – section 158 of the Local Government Act 2002 was amended to allow local authorities to defer reviews of three waters bylaws in recognition of these uncertainties

- Even if the Three Waters Reform Programme does not proceed as currently planned, Council will still have a Bylaw in place to manage the problems associated with wastewater drainage for at least 3 years

- The Council may decide to review the Bylaw at any time before 1 July 2026.

- Disadvantages

- The Bylaw would not be amended. Council staff consider it acceptable to not make these amendments as the Bylaw is currently fit for purpose and the amendments are considered of only low or medium importance.

If Option 1 is agreed to by Council, the following resolution would apply:

That Council defer the review of the Wastewater Drainage Bylaw under section 158 of the Local Government Act 2002 as amended by section 25, Part 6, Schedule 5, of the Three Waters Entities Act 2022.

Option Two: Decide to review the Bylaw and Continue the Bylaw with amendment

Council can decide not to defer reviewing the Bylaw and proceed with a review.

Under section 155 of the Local Government Act 2002, in conducting the review Council first needs to consider that the Bylaw:

· is still the most appropriate way of addressing the perceived problems with respect to wastewater drainage

· is still the most appropriate form of bylaw

· gives rise to any implications under the New Zealand Bill of Rights Act 1990.

Research indicates:

· that a bylaw is the most appropriate way to regulate wastewater drainage problems

· the Bylaw is not in the most appropriate form

· its current wording does not give rise to any implications under the New Zealand Bill of Rights Act 1990 (a final assessment of this will be made if the decision is made to amend the Bylaw).

The Bylaw would be amended to make the changes identified in the review. Once amendments have been made, the bylaw will remain in force for 10 years until 24 May 2033, unless revoked by Council or the three waters reform legislation.

Proposed amendments would be the subject of public consultation.

Advantages and disadvantages of continuing the Bylaw with amendment

- Advantages

- Continuing with the Bylaw is an appropriate way to manage the problems associated with wastewater drainage

- The wording of the Bylaw would be amended to make the Bylaw clearer and more certain

- Council will have ten years before another review is required.

- A further Bylaw review could occur at a later date if required

- Disadvantages

- Resources to amend the Bylaw may be inefficiently utilised, if the bylaw is revoked or requires further amendment following the three waters reforms.

- Potential reputational risk to Council when consulting on the bylaw amendments, given the public’s awareness of the three waters reforms. If three waters reforms proceed as planned the amended Bylaw may only be in effect for a few months before 'Entity A' takes over responsibility for wastewater services in the district

- This Option does not recognise current uncertainties regarding three waters reforms

If Option 2 is agreed to by Council, the following resolutions would apply:

That Council:

a) approve, under section 155(1) of the Local Government Act 2002, that a Bylaw is the most appropriate way of addressing problems related wastewater drainage

b) approve, under section 155(2) of the Local Government Act 2002, that the current Wastewater Drainage Bylaw is not the most appropriate form of bylaw

c) Approve, the Wastewater Drainage Bylaw be continued with amendment

d) agree, that determining whether the Bylaw provisions are reasonable limits on the rights in the New Zealand Bill of Rights Act 1990 be made once the Bylaw is amended.

Option Three: Do nothing (do not defer or review the Bylaw)

With this Option, no review would take place and Council would not decide to defer the review. The review date of 24 May 2023 would be missed. The Bylaw would remain in effect until it auto-revokes on 24 May 2025.

Under the current three waters reform plan, there is uncertainty as to whether or not the new proposed ‘Entity A’ rules will take effect on 1 July 2024. It takes approximately 18 months to make a bylaw. Therefore, there is a risk that wastewater drainage may be unregulated in the Far North District from 25 May 2025.

The decision to do nothing would not be the subject of public consultation.

Advantages and disadvantages of doing nothing

- Advantages

- The Bylaw may be revoked on 01 July 2024 by the new three waters reform legislation. Doing nothing avoids unnecessarily allocating resources to bylaw review processes.

- Disadvantages

- Having a Bylaw is an appropriate way to manage the problems associated with wastewater drainage. The Bylaw will auto-revoke on 25 May 2025

- The wording of the Bylaw would not be amended to improve certainty and clarity

- Council will not be able to review the Bylaw after 24 May 2023 as the review date will have passed

- There is a risk the three waters reforms will not proceed as planned, leaving council without a mechanism to regulate wastewater drainage from 25 May 2025.

If Option 3 is agreed to by Council, the following resolution would apply:

That Council leaves the review of the Wastewater Drainage Bylaw to lie on the table.

Take Tūtohunga / Reason for the recommendation

Deferring the Bylaw review is recommended because the current Bylaw addresses the key problems associated with wastewater drainage. In addition, deferring the review means the Bylaw will stay in existence until at latest 1 July 2026 if the Three Waters Reform Programme does not proceed as planned. Deferring the review of the bylaw is preferable to doing nothing as the Bylaw will remain in force till 1 July 2026 rather than 24 May 2025 (the auto-revoke date if council decides to do nothing) and council can conduct a review at any time before 1 July 2026.

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

If Council decides to defer the Bylaw review or do nothing, there will be no costs involved.

If Council decides to review the Bylaw and continue the Bylaw with amendment, the costs of making amendments and conducting public consultation will be met from existing budgets.

Āpitihanga / Attachments

1. Review Research Report - Wastewater Drainage Bylaw - A4079733 ⇩

2. Wastewater Drainage Bylaw 2018 - A4079735 ⇩

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 defer reviewing the Bylaw 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.	Sections 145, 146, 155, 158 and 160 of the Local Government Act 2002, apply 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.	As the recommendation relates to district-wide issues with wastewater drainage, Community Boards’ views have not been sought.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	Seeking the views and input of iwi in the development of bylaws is integral. If Council decides to review the Bylaw, Māori will be given the opportunity to contribute during the early engagement and consultation stages of the Bylaw development and 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).	If Council decides to review the Bylaw, affected and interested parties will be given an opportunity to share their views and preferences during the consultation phase including: · those on Council’s list of people who have asked to be notified of upcoming policies and bylaws · registered drainlayers and plumbers as well as civil engineers and property developers in the District.
State the financial implications and where budgetary provisions have been made to support this decision.	If Council decides to defer the Bylaw review or do nothing, there will be no costs involved in amending the Bylaw or conducting public consultation. If Council decides to review the Bylaw, the costs of making amendments and conducting public consultation will be met from existing budgets.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

6 April 2023

6.2 Temporary Road Closure – Cruz'n the Bayz

File Number: A4115691

Author: Dale Roberts, Road Corridor Manager - TMC

Authoriser: Andy Finch, District Engineer

Take Pūrongo / Purpose of the Report

The purpose of this paper is to obtain Council approval for temporary road closures to accommodate the safe operation of Cruz’n the Bayz.

WhakarĀpopoto matua / Executive Summary

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

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

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

accordance with requirements of the Local Government Act 1974.

· Without Council approval the event cannot take place.

tŪtohunga / Recommendation

That Council:

a) approves the proposed temporary road closures to accommodate the safe operation of the Cruz’n the Bayz event.

1) TĀhuhu kŌrero / Background

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

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The Public Notice for the proposed temporary road closures will be advertised in the Northern

Advocate, Northern News & Bay Chronicle 42 days and 7 days in advance of the event.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

To enable the Cruz’n the Bayz event to take place.

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

No budgetary implications.

Āpitihanga / Attachments

1. NTA Agenda item Temporary Road Closure for Cruz'n the Bayz - A4115689 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low significance
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Local Government Act, 1974
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Local Relevance
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	No specific implications for Māori have been identified.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	N/A
State the financial implications and where budgetary provisions have been made to support this decision.	None
Chief Financial Officer review.	The Chief Financial Officer has approved this report.

Ordinary Council Meeting Agenda

6 April 2023

6.3 Temporary Road Closure – International Rally of
Whangarei

File Number: A4115705

Author: Dale Roberts, Road Corridor Manager - TMC

Authoriser: Andy Finch, District Engineer

Take Pūrongo / Purpose of the Report

The purpose of this paper is to obtain Council approval for temporary road closures for the International Rally of Whangarei in the Far North.

WhakarĀpopoto matua / Executive Summary

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

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

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

accordance with requirements of the Local Government Act 1974.

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

tŪtohunga / Recommendation

That Council:

a) Approves the proposed temporary road closure to accommodate the safe operation of the International Rally of Whangarei

1) TĀhuhu kŌrero / Background

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

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Discussion details have been prepared by the Northland Transportation Alliance and is included as Attachment 1.

The Public Notice for the proposed temporary road closures will be advertised in the Northern

Advocate, Northern News & Bay Chronicle 42 days and 7 days in advance of the event.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

To enable the International Rally of Whangarei to take place.

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

No budgetary implications.

Āpitihanga / Attachments

1. NTA Agenda item Temporary Road Closure for Whangarei International Rally - A4115688 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low Significance
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Local Government Act, 1974
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Local relevance
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	No specific implications for Māori have been identified.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	N/A
State the financial implications and where budgetary provisions have been made to support this decision.	None
Chief Financial Officer review.	The Chief Financial Officer has approved this report.

Ordinary Council Meeting Agenda

6 April 2023

6.4 Ground Lease Over Part of Okaihau Recreation Reserve

File Number: A4129339

Author: Kay Meekings, Property Legalisation Officer

Authoriser: Janice Smith, Group Manager - Corporate Services

Take Pūrongo / Purpose of the Report

That Council grant a new 15-year ground lease to the Ōkaihau Whanau House (OWH) over part of the Ōkaihau recreation reserve being Pt Lot 1 DP 24206, vested in Council, located at 3 Michie Street Ōkaihau.

WhakarĀpopoto matua / Executive Summary

· OWH is a local community group wishing to develop a safe space for people of the community to meet and create together.

· OWH believes they will bring value to the community of Ōkaihau. OWH will provide certified playgroups and be open to other groups in the area to carry out activities. See background below and attachment 2 refers.

· The Reserves Act 1977 requires a lease proposal to be publicly notified and consideration given to any objections and submissions received in relation to it.

· The Kaikohe-Hokianga Community Board recommended to Council that public consultation be undertaken. Report A3768981. Resolution 2022/44.

· Consultation ran from 16 January – 16 February 2023. A total of 19 submissions were received. 17 of the submissions were in support of the proposal, one requested more information which was provided, and one wished to be heard but later withdrew that request after receiving further information.

· OWH will take over the ownership and maintenance of the Ōkaihau Playcentre building on the granting of the proposed lease. The lease will require the building(s) and fixtures situated on the premises to be fit for business use, in a tidy and cared for condition at the Lessee’s cost.

· Council does not want to become responsible for the building upgrade nor the removal of a substandard building, at cost to Council.

tŪtohunga / Recommendation

That Council:

a) approves a new ground lease to be issued to Ōkaihau Whanau House over part of the recreation reserve, approximately 780 square meters of land at 3 Michie Street, Ōkaihau being Pt Lot 1 DP 24206, being 31844 square meters and part of Record of Title NA638/155 and vested in Far North District Council as recreation reserve.

The terms of the proposed lease shall be:

i. Term: 15 (5+5+5) – allowed for under the Reserves Act 1977

ii. Rental: $113 + GST per annum – FNDC Fees and Charges Schedule 2022/23 – Community leases.

b) approves further conditions to be negotiated and agreed upon by the Group Manager Corporate Services and Ōkaihau Whanau House.

1) TĀhuhu kŌrero / Background

This matter was last before the Kaikohe-Hokianga Community Board on 14 September 2022 when the Board recommended initiation of the public consultation process in respect of the lease proposal. Furthermore, at their meeting held 15 March 2023, the Kaikohe-Hokianga Community Board resolved as follows

Text, letter

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Ōkaihau Recreation Reserve is vested in Council and is occupied by the Ōkaihau Rugby Club, the Ōkaihau Bowling Club and until 3 years ago by the Ōkaihau Playcentre, under the New Zealand Play Centre Association. The building is at the south-eastern corner of the reserve with access from Michie Street.

A Council Officer reported that the abandoned building has suffered vandalism in late 2020 and is now considered derelict.

OWH wish to acquire the building, upgrade it and make it fit for community use as outlined in the attached proposal.

OWH have carried out substantial due diligence on the building and are confident they can meet the challenge and will bring the building up to relevant building code standards.

OWH is made up of a group of 5 local residents from Ōkaihau who wish to develop a safe space for people of the community to meet and create together. They believe they will provide value to the community of Ōkaihau, particularly for local families.

OWH’s priority is to get the building certified for a play group catering for 0 to 6-year-olds. It is proposed that it will be used 2 to 3 mornings per week to provide a source of income to maintain the building and surrounding grounds. They also plan to offer the building to other groups in the area such as: home schoolers, infant classes, evening and after school classes and singing groups.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Reserves Act 1977

Section 73 of the Reserves Act 1977 (“the Act”) authorises Council to grant leases over a vested recreation reserve by way of Minister of Conservation delegation 12 June 2013.

The Reserves Act section 73(3) provides for a lease over part of recreation reserve where any part of such a reserve is not likely to be used for that purpose and it is considered inexpedient to revoke the reservation at this time. The lease is subject to the conditions of Reserves Act Schedule 1.

Sections 119 and 120 of the Act require that before granting a lease the proposal must be publicly notified and all submissions/objections to the proposal are to be in writing and where requested, a submitter must be given the opportunity to appear before Council or a committee of Council, to speak to their objection/submission. Every submission/objection in relation to the proposal must be considered before proceeding with the proposal.

Council delegations to Community Boards:

To provide recommendations to the Council in respect of applications for the lease of reserves not contemplated by an existing reserve management plan.

The Kaikohe-Hokianga Community Board has considered submissions received following a public notification process (see attached list of submissions) and now makes a recommendation to Council in respect of the lease proposal.

Public Notification

Public Notice was advertised in the Northern Advocate 16th January 2023 as required under the Reserve Act.

Minister of Conservation 2013 Reserves Act delegation to Council:

Council, in considering the granting of a lease over recreation reserve for another purpose, is to wear the hat of the Minister and the hat of the Council by considering both the wider public interest as well as the interest of the local community.

Take Tūtohunga / Reason for the recommendation

OWH is a local community group wanting to provide a safe space for the community to meet and create together. The community has indicated support for these aims through the public consultation process. OWH is willing and able to take over and manage the run-down building. This in turn would relieve Council from ongoing maintenance and upkeep or removal of the building at significant cost to the ratepayer.

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

The outcome of this proposal is for Council not to be burdened with a building that requires upgrading, nor does Council want to be responsible for the cost of its removal.

Āpitihanga / Attachments

1. Okaihau Recreation Reserve - Proposed Lease Site Map - A4096274 ⇩

2. Okaihau Whanau House - Introduction and Goals - A4096170 ⇩

3. Public Consultation Response Export -3 Michie St Lease - 170223 - A4096175 ⇩

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.	FNDC Reserves Policy: The Policy supports a long-term lease being offered to community orientated groups wanting a permanent base, requiring significant financial investment. The Reserves Act 1977: Section 73(3) provides for a lease over recreation reserve for other purposes without requiring a change of reserve classification.
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.	Delegation to the relevant Community Board enables them to hear submissions and make a recommendation to Council.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	Iwi were able to submit through the public 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).	Public consultation has been completed. 19 submissions were received. 17 of the submissions were in support of the proposal, one requested more information which was provided, and one wished to be heard but later withdrew that request after receiving further information. No hearings were requested.
State the financial implications and where budgetary provisions have been made to support this decision.	All upgrade and maintenance costs fall to the lessee. The appropriate community rent for the land is set by the FNDC Fees Charges Policy.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

6 April 2023

6.5 Far North Holdings Ltd Annual Report for the Year Ended 30th June 2022

File Number: A4139999

Author: Julia Lee, Senior Financial Accountant

Authoriser: Janice Smith, Group Manager - Corporate Services

Take Pūrongo / Purpose of the Report

The purpose of the report is to present Far North Holdings Limited’s Annual Report for the year ended 30^th June 2022.

WhakarĀpopoto matua / Executive Summary

· Far North Holdings Limited is a Council Controlled Organisation. Each year it is legislatively required that the entity produce an Annual Report. The Annual Report provided covers the period from 1^st July 2021 – 30^th June 2022.

tŪtohunga / Recommendation

That Council accept the Annual Report for Far North Holdings Ltd for the year ended 30^th June 2022.

1) TĀhuhu kŌrero / Background

S.67 of the Local Government Act 2002 requires that a Council Controlled Organisation must deliver to its shareholders an audited Annual Report within 3 months of the end of the financial year. Central Government approved an extension to this deadline to 31 December 2022 because of COVID-19, which impacted the recruitment of auditors available to complete audit work. As a result, Far North District Council, and its Council Controlled Organisation, Far North Holdings Ltd, were appointed a new auditor, Deloitte Limited, by the Office of the Auditor General on 19 August 2022 after the audit had commenced with Audit New Zealand, the previous auditor. This resulted in a lengthy audit as Deloitte familiarised themselves with both entities and their respective accounting systems, charts of accounts and reports. Unfortunately, due to resourcing constraints, Deloitte were not able to complete the audit within the December 2022 timeframe and Far North Holdings Ltd are in breach of the requirements of the LGA.

This is a technical breach and does not affect the outcome of the audit or trigger a qualified opinion.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The Annual Report for Far North Holdings Ltd has been audited and received an unqualified opinion.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Compliance with the Local Government Act 2002 requirements for Council Controlled Organisations.

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

None

Āpitihanga / Attachments

1. FNHL Annual Report 21_22 - A4140028 ⇩

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.	S.67 of the Local Government Act 2002
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	N/A
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.	N/A
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	N/A
State the financial implications and where budgetary provisions have been made to support this decision.	None
Chief Financial Officer review.	The Senior Financial Accountant has prepared this report.