Agenda of Waiharara and Kaikino Drainage Area Committee Meeting

Waiharara and Kaikino Drainage Area Committee Meeting Agenda

17 April 2023

5.1 Waiharara And Kaikino Drainage Areas 2022/2023 Programme

File Number: A4158073

Author: Philippa Boye, Executive Assistant and Facilities Management

Authoriser: Andy Finch, District Engineer

Take Pūrongo / Purpose of the Report

To provide the Waiharara and Kaikino Drainage Areas Committee with a progress report of works undertaken during the 2022/2023 financial year and to provide an outline of the proposed works and costs for the 2023/2024 financial year.

WhakarĀpopoto matua / Executive Summary

Over the 2022/2023 financial year, the Far North District Council wishes to complete a selection of drainage area works.

· The work includes spraying and cleaning of the Areas drains. Currently there is a proposed budget of $12,526 for Waiharara, and $12,413 for Kaikino, for planned work, with an additional $3,000 for Waiharara, and $2,000 for Kaikino, of contingency for unplanned work if required.

· It is likely that the interpretation of the proposed Regional Plan for Northland will require resource consents to be obtained for each of the Drainage Areas by 20 December 2023.

· Provisional estimates suggest costs of $100K split across the four Drainage Boards to engage a planning consultant to lead the consent application and an additional $200K split across both the Waiharara and Kaikino Drainage Areas to undertake the evidence to support the consent application

· It is proposed to engage a full-time staff member to support the Drainage Boards and District Engineer at an estimated cost of $120K annually

· This work programme has been compiled on estimated costs.

tŪtohunga / Recommendation

That the Waiharara and Kaikino Drainage Areas Committee recommends that the Te Hiku Community Board approve the reviewed Waiharara and Kaikino Drainage Areas 2023/2024 work programme.

1) TĀhuhu kŌrero / Background

The Waiharara and Kaikino Drainage Areas Committee was formally established at the 26 February 2015 meeting of the group previously known as the Northern Advisory Drainage Committee.

Prior to the formal establishment of the individual drainage area committees, there were meetings of the Northern Advisory Drainage Committee.

In recent times, the Kaitaia Drainage Area Committee was formally re-established at the 14 March 2023 meeting of Te Hiku Community Board as part of Council’s formal process and procedures.

The forward works programme for the 2023/2024 financial year has been estimated from previous costs.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

2.1 Works undertaken during the 2022/2023 Financial Year

The delivery of the 2022/2023 work programme was interrupted in early 2023 with the resignation of the staff member who was tasked with the management of the Land Drainage portfolio.

The limited nature of the portfolio handover, the unknown status of much of the work and the unconfirmed status of the budgets available to the Land Drainage Committees has meant that a significant amount of investigative work has been needed simply to gain a reasonable understanding of the status of the programmed works within each of the Drainage Areas.

The following sections provide a summary of the status of the 2022/2023 programmed works.

Spraying

It is noted that previous minutes discussed the increase in spray costs from $0.55 per lineal metre of drain to $0.65 per lineal meter of drain. It is further noted that the per meter costs being charged by the spraying contractor is $0.60 per lineal meter. The costs provided below are adjusted to reflect the $0.60 per meter rate charged to ensure comparison between forecast and actual costs.

Both the Waiharara and Kaikino Drainage Areas are programmed to be sprayed twice a year, in late spring and again in late autumn, however purchase orders have only been issued to the spray contractor for a single spray of each drain. Neither of the drainage schemes appear to have been sprayed more than once during the year. This information is based on invoices received from the spray contract and clarification/confirmation is being sought on this.

Waiharara Area

The works undertaken during the 2022/2023 financial year have primarily been associated with the approved spraying programme. At the time of writing a total of only 4.462km or 57% of the approved programme has been completed, taking account each drain being sprayed once. A summary of spray work completed within the drainage area is provided below.

Drain Name Length Length Cost Cost for % Length % Cost

Forecast Complete Forecast Completed Complete Completed

Okohine Stream 5,110m 1,802m $4,092.42 $ 1,200.13 35.26% 29.33%

Bilcich Branch 1,800m 1,800m $1,441.56 $ 1,198.80 100.00% 83.16%

Cox Branch 860m 860m $ 688.74 $ 572.76 100.00% 83.16%

Tunnel Traverse 50m 0m $ 40.04 $ 0.00 0.00% 0.00%

Totals 7,820m 4,462m $6,262.76 $ 2,971.69 57.06% 47.45%

Kaikino Area

The works undertaken during the 2022/2023 financial year have primarily been associated with the approved spraying programme. At the time of writing a total of 4.10km or 52.9% of the approved programme has been completed, taking account each drain being sprayed once. A summary of spray work completed within the drainage area is provided below.

Drain Name Length Length Cost Cost for % Length % Cost

Forecast Complete Forecast Completed Complete Completed

Kaikino Drain 4,100m 3,535m $3,283.55 $ 2,354.31 86.22% 71.70%

Hobson Drain + Ext 3,650m 565m $2,923.16 $ 376.29 15.48% 12.87%

Totals 7,750m 4,100m $6,206.70 $ 2,730.60 52.90% 43.99%

Machine Clearing

The changes in staffing has meant that the machine clearing work programme has been delayed while clarity is obtained around the works actually required and budgets available to complete the work.

It is understood from records and previous minutes, that there were no machine clearing projects planned or budgeted for the 2022/2023 financial year in either the Waiharara or Kaikino Drainage Areas, although a machine clearing contingency amount of $3,000 was budgeted for.

Drain Condition Reports

Drain inspections are being undertaken by the spraying contractor while performing the spraying works. Not all of the inspection reports have been received at the time of writing so a full assessment of the issues is yet to be completed. Typical comments from the reports received to date and from discussions with the spray contractor include:

Ø long paddocks with no internal gates near drain adds significant time backtracking to do the next section of drain in the next paddock;

Ø Some sections of running track are damaged or overgrown and undriveable in places;

Ø Some gateways permanently wired up or unable to be opened;

Ø Branches clogging sections in some drains

Once inspection reports are received for all the drains, a thorough assessment will be carried out and key issues identified together with potential remedial options.

Other Issues Identified

There are no other known issues within the Waiharara and Kaikino Areas.

2.2 Proposed 2023/2024 Work Programme Summary

Within the Waiharara and Kaikino Drainage Areas, there are several areas which require work. The items detailed in the below work programme have been determined by staff based on information from the spraying contactor and other sources. However, the Committee may be aware of other work that is required, and this meeting provides an opportunity to adjust the work programme.

The programme will be available for further review / adjustment at the next Committee meeting in August 2023, however the overall budget will be set by that time.

Work is to be completed before 30 June 2024, with the spraying programme to start during late 2023.

Drain Spraying

Spraying of the Waiharara and Kaikino Drainage Areas is to be completed during late spring / early summer 2023 and then again in late autumn 2024. To ensure the weed growth in the drains is maintained sufficiently, a budget item for additional spraying during autumn has been included. The amount allowed is enough to spray all of the drains a 2^nd time.

Invasive weed is known to be an issue, particularly alligator weed. The spray currently being used is likely to have little effect on it. It is understood that NRC are using sprays that can deal with alligator weed; however it would be necessary for resource consents to be obtained for its use. Enquiries with NRC and other spray contractors for their approach to dealing with alligator weed and other invasive species is recommended. For serious cases machine cleaning may be required.

The spray programme consists of a combined total of 15.57 kilometres of drain spraying across the two areas, both of which are sprayed twice during the year, comprising a total spray length of 31.14km. The programme has been provided below, separated out into individual drains.

Spray programme follows:

Waiharara Area (sprayed autumn/spring) Total Spray Cost

Okohine Stream x2	10,220 m	10,220 m	$8,184.84
Bilich Branch x2	3,600 m	3,600 m	$2,883.11
Cox Branch- x2	1,720 m	1,720 m	$1,377.49
Tunnel Traverse x2	100 m	100 m	$80.09
Totals	15,640 m	15,640 m	$12,525.53

Kaikino Area (Sprayed autumn/spring) Total Spray Cost

Kaikino Drain x2	8,200 m	8,200 m	$6,567.09
Hobson Drain + Extension x2	7,300 m	7,300 m	$5,846.31
Totals	15,500 m	15,500 m	$12,413.41

Machine cleaning

The changes in staffing has meant that the machine clearing work programme has been delayed while some clarity is obtained around the works actually required and budgets available to complete the work.

Over the 2023/2024 year, the Waiharara and Kaikino Drainage Areas shall be investigated in conjunction with the spraying contractor to identify the location of any significant siltation and/or vegetation mats which will require removal. These investigations will be based primarily on the findings of the drain inspections carried out through the 2022/2023 financial year.

The Waiharara Drainage Area has a machine cleaning contingency of $3,000 allocated. The Kaikino Drainage Area does not have a machine cleaning contingency allocated due to budget constraints, however, does have a $2,000 general contingency should it be required.

Accessibility issues & maintenance

The state of access can have negative / positive impacts on the efficiency and operations of the drainage area.

In addition to maintenance of the drains, the spraying contractor has been requested to identify the location of any of the following issues which are covered by the Far North District Council Land Drainage Bylaw 2009 (Rev 2019):

i) Obstructions which interfere with the access for plant or machinery to and along the drainage channel or parts thereof and within 10 m of the drain, Clause 3.1.

ii) Grazing stock, which is not excluded from the drainage channel, Clause 5.7.

iii) Damage caused to the drainage channel due to stock accessing the drainage channel for water, Clause 11.1.

iv) Obstructions to flow within the drainage channel due to excessive vegetation material.

Far North Water staff will analyse this information and make recommendations to the Committee on work which may be required. Staff, or as agreed by the Committee, may also contact the landholders directly where they are in breach of the Drainage Bylaw.

An annual notice will be issued to all property owners reminding them of the requirements that they must comply with under the Drainage Bylaw, and in particular the above issues.

Resource Consents

All drainage works, including any associated activities on land, in the beds of river and lakes, the taking, use, diversion and discharge of water, and discharges of contaminants to land and water are all managed under the Resource Management Act 1991 (RMA). FNDC’s land drainage works and operations are therefore subject to Northland’s regional planning framework, as well as any relevant national instruments such as National Environment Standards and National Policy Statements. Drainage works may also be subject to FNDC’s bylaws.

Under the provisions of these documents various elements of Council’s drainage works may be allowed as of right (permitted activity) or may require resource consent from Northland Regional Council (NRC).

In the past drainage works have been carried out as permitted activities. However, NRC’s regional planning framework is now in flux, with a replacement regional plan at the appeals stage. It is likely that the interpretation of the proposed Regional Plan for Northland means that all activities in the Drainage areas would be a controlled activity, including maintenance, repair, reconstruction and alteration of structures, along with maintenance and discharge from the network.

As a minimum, any consent application would need to include the following:

· The rationale for the proposed works

· A catalogue and map of all the assets and activities relating to the proposed works

· A catalogue and amp of all relevant elements of the surrounding and receiving environment- including but not limited to land and land uses, streams, rivers, wetlands, coastal areas

· A basic hydrological assessment to understand the range of flows expected within the land drainage schemes

· A basic ecological assessment showing actual and/or potential ecological effects from proposed works

· A cultural effects assessment which may be best presented as Cultural impact assessment

· A planning assessment

· Evidence and outcomes of any consultation

· A suggested monitoring regime

· Suggested resource consent conditions.

NRC have highlighted the need for Discharge consents for the four drainage areas in a letter written to Council. Unless Resource consent applications are lodged by 20 December 2023, then the NRC is likely to take formal enforcement action against the FNDC for continuing unauthorised drainage activities.

At the time of writing the cost of this activity has not been costed. However, provisional estimates would suggest $100k split across the four Drainage Districts to engage a planning consultant to lead the consent application and $200k for each Drainage District to undertake the evidence to support the Resource Consent application.

Staffing

The Te Hiku Community Board have previously requested that the management of the Drainage Districts be kept in Council, rather than managed through Far North Waters. There is a preference for a dedicated full-time member of staff based in Kaitaia. However, neither Council not Far North Waters have the capacity to deliver on this.

It is therefore proposed to engage a new member of staff to work alongside the Drainage Boards reporting to the District Engineer. The cost of this, plus dedicated vehicle is estimated at $120k annually.

2.3 Budgets

2022/2023 Budgets

The financial report referenced provided the following information.

2022/2023 Budgets
Location	Reserves 2021/22	Budget 2022/23	Total	Actual Expenditure (April YTD)	Additional Expenditure Expected	Forecast Reserve Balance (Note 1)
Kaikino	$24,510	$8,000	$32,510	$2,731	$2,190	$27,589
Waiharara	$19,484	$8,000	$27,484	$2,971	$2,015	$22,498

Note 1: This amount is forecast reserve as at 1 April 2023 subject to change based on any further additional expenditure

2023/2024 Proposed Budget

From the above tables, it would appear that the reserves balance within the Waiharara and Kaikino Drainage areas are currently at an appropriate level. It is recommended that the Committee set an ideal reserve balance to be held by Council for unplanned works should it be required. Once this amount is set, a programme for machine clearing of drains, or other works identified by the Committee can be developed and implemented either in the 2023/2024 financial year or subsequent years.

In anticipation of this, additional contingency amounts have been included in the proposed 2023/2024 budgets following.

It is noted that the 2022/2023 work programme allowed for spraying of all drains in both the Waiharara and Kaikino Drainage Areas on a twice-yearly basis (late spring and late autumn) however this was not supported in the proposed budget for spraying works. The following amounts proposed for the 2023/2024 budgets have allowed for the additional spraying works.

In anticipation of this, additional contingency amounts have been included in the proposed 2023/2024 budgets following.

Waiharara
Spraying of the Waiharara drains (late spring) (breakdown in section 2.2)	$6,263
Additional spraying of the Waiharara drains (late autumn)	$6,263
Status report on the drains	$111
Resource Consent Planning Consultant	$12,500
Resource Consent Application	$100,000
Dedicated staff member	$15,000
Total (planned work)	$140,137
General contingency	$3,000
Total (contingencies)	$3,000
Kaikino
Spraying of the Kaikino drains (late spring) (breakdown in section 2.)	$6,207
Additional spraying of the Kaikino drains (late autumn)	$6,207
Status report on the drains	$111
Resource Consent Planning Consultant	$12,500
Resource Consent Application	$100,000
Dedicated staff member	$15,000
Total (planned work)	$140,025
General contingency	$2,000
Total (contingencies)	$2,000

A breakdown of proposed budget expenditure with rating implications follows:

Waiharara
	Expenditure	Forecast Reserve

2023 Opening Reserve Balance		$ 22,498

2023/2024 Proposed Expenditure
2023/2024 Proposed expenditure to be rated	$ 8,000	$ 8,000
2023/2024 Proposed expenditure to be funded from reserve	$ 7,637	-$ 7,637
	$ 15,637	$ 22,861

Additional Expenditure to be rated for
Resource Consent Planning Consultant	$ 12,500
Resource Consent Application	$ 100,000
Dedicated Staff Member	$ 15,000
	$ 127,500

Total Expenditure	$ 143,137
Expenditure to be rated for	$ 135,500

Rate Implication per hectare of land:	gst incl
*On All Expenditure Incl of RC Consultant/Application/Staff of $135.5K*
Waiharara A	$ 250.61
Waiharara B	$ 125.30
Waiharara C	$ 41.86

*On Normal Expenditure of $8K*
Waiharara A	$ 14.80
Waiharara B	$ 7.40
Waiharara C	$ 2.47

Kaikino
	Expenditure	Forecast Reserve
2023 Opening Reserve Balance		$ 27,589

2023/2024 Proposed Expenditure
2023/2024 Proposed expenditure to be rated	$ 8,000	$ 8,000
2023/2024 Proposed expenditure to be funded from reserve	$ 6,525	-$ 6,525
	$ 14,525	$ 29,064

Additional Expenditure to be rated for
Resource Consent Planning Consultant	$ 12,500
Resource Consent Application	$ 100,000
Dedicated Staff Member	$ 15,000
	$ 127,500

Total Expenditure	$ 142,025
Expenditure to be rated for	$ 135,500

Rate Implication per hectare of land	gst incl
*On All Expenditure Incl of RC Consultant/Application/Staff of $135.5K*
Kaikino A	$ 198.95
Kaikino B	$ 99.47
Kaikino C	$ 33.23

*On Normal Expenditure of $8K*
Kaikino A	$ 11.75
Kaikino B	$ 5.87
Kaikino C	$ 1.96

Take Tūtohunga / Reason for the recommendation

To discuss the proposed works and their associated costs, with the work programme to be completed by 30 June 2024.

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

A summary of the expected 2023/2024 financial year is as follows:

Waiharara
2023 Opening balance (2022/2023 Reserve balance)	$22,498
2023/2024 Proposed rated income	$8,000
2023/2024 Expenditure to be drawn from Reserve	$7,637
2023/2024 Resource Consents/Consultant/RCApplication/HC – to be rated (Not yet in Annual Plan 2023/2024)	$127,500
2024 Closing balance ($22,553 less $7,637)	$14,861

Kaikino
2023 Opening balance (2022/2023 Reserve balance)	$27,589
2023/2024 Proposed rated income	$8,000
2023/2024 Expenditure to be drawn from Reserve	$6,525
2023/2024 Resource Consents/Consultant/RCApplication/HC – to be rated (Not yet in Annual Plan 2023/2024)	$127,500
2024 Closing balance ($23,745 less $6,525)	$21,064

Rate Implications

	Rate amounts inclusive of all headcount and resource consent application fees			Normal external services costs
	Rate in $	GST Incl	Rate per ha	Rate in $	GST Incl	Rate per ha
Kaikino
A			$ 198,95			$ 11.75
B			$ 99.47			$ 5.87
C			$ 33.23			$ 1.96
	$ 135,500	$ 155,825		$ 8,000	$9,200
Motutangi
A			$ 391.77			$ 46.09
B			$ 195.88			$ 23.05
C			$ 65.44			$ 7.70
	$ 289,000	$ 332,350		$ 34,000	$39.100
Waiharara
A			$ 250.61			$ 14.80
B			$ 125.30			$ 7.40
C			$ 41.86			$ 2.47
	$ 135,500	$ 155,825		$ 8,000	$9,200

Kaitaia	$ 325,000	$ 373,750	$ 39.73	$ 70,000	$ 80,500	$ 8.56

Āpitihanga / Attachments

Nil

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	A 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.	Policy #4302 - Northland River Management Policy. Policy #2104-14 Procuring Goods and Services. Land Drainage Bylaw 2009 (Rev 2019).
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	This report seeks Te Hiku Community Board to approve a recommendation from the Kaitaia Drainage Area Committee.
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.	Ngai Takoto and Te Rarawa Iwi are to be included in the development of the management plan for the district’s drainage areas.
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 purpose of the Committee is to liaise with persons likely to be affected.
State the financial implications and where budgetary provisions have been made to support this decision.	Financial implications are to be considered by the committee and budgetary provision is made.
Chief Financial Officer review.	The Acting CFO has reviewed this report.