Agenda of Ordinary Council Meeting - Thursday, 4 May 2023

4 May 2023

5.1 Confirmation of Previous Minutes

File Number: A4162787

Author: Joshna Panday, Democracy Advisor

Authoriser: Aisha Huriwai, Team Leader Democracy Services

Purpose of the Report

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

RECOMMENDATION

That Council confirms the minutes of the Council meeting held 6 April 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. 2023-04-06 Council Minutes - A4150127 ⇩

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

4 May 2023

6 Reports

6.1 Tourism Infrastructure Fund Applications - Round 7 April 2023

File Number: A4153236

Author: Philippa Boye, Executive Assistant and Facilities Management

Authoriser: Andy Finch, District Engineer

Take Pūrongo / Purpose of the Report

To present a summary of projects identified for Tourism Infrastructure Funding for approval to submit to MBIE for round 7 of TIF funding which is anticipated to open in either April 2023 or August 2023

WhakarĀpopoto matua / Executive Summary

· The Tourism Infrastructure Fund (TIF) provides a mechanism for Local Authorities to leverage

· funding to support tourism-based infrastructure development.

· The Far North District (FNDC) is a qualifying region and through input from the Infrastructure Asset Management team and from wider consultation, projects meeting the TIF funding criteria have been identified as candidates for TIF Round 7 applications.

· The TIF funding contribution is generally 50% of the project cost. The remainder is local share.

· Round 7 is anticipated opened on 11 April 2023 with applications to be submitted by 8 May 2023.

tŪtohunga / Recommendation

That Council:

a) approve the application for funding for funding for Maitai Bay Seal Extension and funding of $ 600,000 for the FNDC local share to be incorporated into the 2023/24 Annual Plan.

b) approve the application for funding for Taipa Beachfront Remedial Works and $310,000 for the FNDC local share to be incorporated into the 2023/24 Annual plan.

c) approve the application for funding for Waipapa Campervan Dump Station and $125,000 for the FNDC local share to be incorporated into the 2023/24 Annual plan.

d) approve the application for funding for Russell Boat Ramp Carpark Upgrade and $240,000 which is currently budgeted in FY23 for the FNDC local share.

e) approve the application for funding for Windsor Landing Boat Ramp Toilet and $65,000 for the FNDC local share to be incorporated into the 2023/24 Annual plan.

f) approve the application for funding for Smart Bins – (Additional 10) and $ 50,000 which is currently budgeted in FY23 for the FNDC local share.

g) approve the application for funding for Boat Ramp Side Safety Guides and confirm the funding of $34,650 approved at Resolution 2022/17 for FY24 for the FNDC local share.

h) approve the application for funding for Smart Technologies Bundle (Nothing but Net) and $140,000 which is currently budgeted in FY2022/23 for the FNDC local share.

i) approve the application for funding for the Visitor Data Study (Nothing but Net) and up to $60,000 operational funding which is currently budgeted in FY2022/23 for the FNDC local share.

j) Approve the appointment of Northern Edge Limited to undertake project management for any successful bids.

k) delegate the District Engineer authorisation to sign the contracts with the Ministry of Business, Innovation and Employment for successful Round 7 applications.

1) TĀhuhu kŌrero / Background

TIF Round 7 opened on 11 April 2023 with applications to be submitted by 8 May 2023.

FNDC have been successful with applications in previous rounds and Round 7 presents another opportunity for funding support.

As of Round 5, Pre-Contract Conditions stipulated that No Contract will be entered into until the Ministry has confirmed to the Recipient in writing that it has received, and found, in its sole discretion, to be satisfactory to it in form and substance, the following evidence

1) The Recipient will provide the Ministry with evidence that it has consulted with the local community on the Project and has advised the Ministry of the outcome of that consultation; and

2) The Recipient will provide the Ministry with evidence that it has secured all necessary consents, permissions, permits and approvals to enable it to deliver the Project.

The applicant only has six months to meet these precontract conditions and an additional 18 months to deliver the project. This creates a major limitation for larger or complex projects suggested by the Community Boards, such as board walks and for other more complex projects requiring detailed design and consenting. The majority of these projects are yet to have detail scoping completed which would include an outline of key stakeholders and any required consents.

In the current environment a major scoping, consultation and consent process would not be possible within six months.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The attachment to this paper details the current TIF funded projects and the proposed bids for Round 7 in 2023. The latter will require a Council contribution as local share.

The table below details the source of the applications being proposed for Round 7.

Maitai Bay Seal Extension	A 1.377km stretch of this road has been listed in the 2022 NTA Dust Matrix (tourism roads) report at number one. This runs from the end of the seal (bridge abutment) to the cattle stop (camping ground). The road is unsealed and easily corrugated, requiring ongoing maintenance. Adjoining landowners, Kingi and Hinerakeiti Whanau Trust, have raised environmental concerns relating to the dust.
Taipa Beachfront Remedial Works	The foreshore at Taipa is a popular area for day trippers and boat users. While there is a considerable area of green space, there are proposals for community driven placemaking which would maximise the use of the available area and provide additional resilience to support the large visitor numbers.
Waipapa Campervan Dump Station	The current dump station at Cobham Rd Kerikeri is no longer fit for purpose. Now that the adjoining land has been sold, the space does not allow safe access and queuing by larger vehicles at busy times. This project incorporates the installation of a new purpose-built dump station at the proposed sports hub development in Waipapa.
Russell Boat Ramp Carpark Upgrade	The upgrade of the Russell boat ramp carpark was identified as an option to improve boat trailer parking options in the Bay of Islands in the Boat Ramp Study and by the FNDC Asset Management team.
Windsor Landing Boat Ramp Toilet	Feedback received from the public (via FNHL) is that users of the Windsor Landing Boat Ramp are concerned that there is no toilet facility there, nor is there one nearby. The user experience and environmental concerns have rightly been raised, as day visitors continue to increase.
Smart Bins – (Additional 10)	The need for better management of rubbish in tourist areas during peak seasons was identified through the Freedom Camping Infrastructure Review and FNDC staff. Bins successfully awarded in rounds 5 and 6. The concept has been welcomed by communities and the bins are performing well.
Boat Ramp Side Safety Guides	The need for improved safety at Boat Ramps was identified through the Boat Ramp Study*.
Smart Technologies Bundle (Nothing but Net)	These projects have dual benefits in terms of supporting both tourism and the wider community. These are planned in conjunction with the FNDC Nothing but Net program and will provide the infrastructure for public Wi-Fi to be available in popular tourist areas that can also be leveraged to support services for residents and other technical applications.
Visitor Data Study	The potential benefits of having access to better data to support infrastructure asset decision making were identified during the preparation of the Boat Ramp Study* and the Freedom Camping Infrastructure Review**. Access to accurate and up to date data on visitor numbers would improve planning and allow more targeted and cost-effective use of capital funds. This project is a Joint Application with WDC, KDC and Northland Inc in order to capture Northland wide data.

* Report dated March 2021 and received by the FNDC Infrastructure Committee on 5/5/2021 (Boat Ramp Study, funded through TIF round 4)

** Report dated June 2021 and received by the FNDC Infrastructure Committee on 9/2/2022 (Freedom Camping Infrastructure Review, funded through TIF round 5)

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

To provide Elected Members with details of the proposed Round 7 bids to the Tourism Infrastructure Fund and to seek approval to submit applications. To ensure that the local share and project management funding is available to support any successful bids and to develop future bids.

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

Ref	Project	FNDC CAPEX	FNDC OPEX	MBIE Project Contribution	Project Value	MBIE 2 years’ Operating Contribution Application
1	Maitai Bay Seal Extension	$600,000 (Unbudgeted)	$0	$600,000	$1,200,000	$0
2	Taipa Beachfront Remedial Works	$310,000 (Budgeted)	$0	$310,000	$620,000	$10,000
3	Waipapa Campervan Dump Station	$125,000 (Budgeted)	$0	$125,000	$250,000	$20,000
4	Russell Boat Ramp Carpark Upgrade	$240,000 (Budgeted)	$0	$240,000	$480,000	$5,000
5	Windsor Landing Boat Ramp Toilet	$65,000 (Budgeted)	$0	$65,000	$130,000	$ 18,000
6	Smart Bins – (Additional 10)	$50,000 (Budgeted))	$0	$50,000	$100,000	$10,000
7	Boat Ramp Side Safety Guides	$34,650 (Budgeted)	$0	$34,650	$69,300	$0
8	Smart Technologies Bundle (Nothing but Net)	$140,000 (Budgeted)	$0	$140,000	$280,000	$20,000
9	Visitor Data Study	$ 0	$ 60,000 (up to)	$ 60,000	$ 120,000	$0
		$1,564,650	$ 60,000	$1,624,650	$3,249,300	$ 83,000

The table above details the cost estimates and potential funding sources for the Round 7 submission. These figures include the cost of an external project manager, Northern Edge Limited, to project manage the delivery of any successful bid, the cost of which is incorporated within the bid.

Marginal operating and maintenance costs for the first 2 years after project completion are also taken into consideration by MBIE. These will be included in the application and do not require a local share if successful. $83,000 will be requested.

Āpitihanga / Attachments

1. FNDC Tourism Infrastructure Fund R7_FINAL March 23 - A4153054 ⇩

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.	District Wide Relevance
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	No identified implications for Maori
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 report
Chief Financial Officer review.	Yes

Ordinary Council Meeting Agenda

4 May 2023

6.2 Control of Animals bylaw

File Number: A4156698

Author: Zac Whitsitt, Policy Advisor

Authoriser: Angie Thomas, Acting Chief Financial Officer

Take Pūrongo / Purpose of the Report

To seek approval to make a bylaw that regulates the control of animals in the Far North.

WhakarĀpopoto matua / Executive Summary

· The Keeping of Animals Bylaw (2007) automatically revoked in 2019.

· Council staff frequently encounter known and perceived issues relating to animals with limited ability to enforce against.

· Many problems and issues encountered are unable to be resolved under the legislation or abilities currently available to council.

· Council staff recommend developing a new bylaw under the Local Government Act 2002 and the Health Act 1956 to address the known and perceived issues and provide council staff with the ability to regulate and enforce animals.

tŪtohunga / Recommendation

That Council:

a) approve, under section 155(1) of the Local Government Act 2002, that a bylaw is the most appropriate way of addressing known and perceived animal problems in the Far North District.

b) approve, to develop a bylaw that addresses known and perceived problems regarding animals under the Local Government Act 2002 and the Health Act 1956.

1) TĀhuhu kŌrero / Background

The Keeping of Animals Bylaw (2007) automatically revoked in 2019 due to not being reviewed in time. Since then, Council has monitored and responded to animal issues directly under the Health Act 1956. Often, there is no appropriate mechanism to offer a resolution to the issue. The previous bylaw provided some clear community guidelines for the keeping of animals and provided council with powers under the Local Government Act 2002 and the Health Act 1956 to enforce and regulate animal related issues.

Council can specifically make a bylaw regulating the keeping of animals under sections 145 and 146a of the Local Government Act 2002.

Before developing a bylaw, Council is required under section 155(1) of the Local Government Act 2002 to make determinations as to whether a bylaw is the most appropriate way of addressing the perceived problems with respect to the keeping of animals in the district.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Research findings

The attached research report describes and discusses problems and solutions regarding animal related issues.

Problems to be addressed

A review of Request for Service (RFS) data between January 2021 and January 2023 outlined a high number of animal complaints were received to Council. Many of these complaints are unable to be addressed without a bylaw enacting powers under the Local Government Act 2002 or the Health Act 1956. It is also clear that some members of the public do not understand the expectations of responsible animal ownership in the district.

Commonly occurring issues identified in RFS data over the period relate to:

· animal noise and smell

· animals in rubbish or gardens

· unwanted litters

· escaped animals on roadways or private property

· animal droppings

Regulatory solutions

Council has the ability under the Health Act 1956 to regulate some of these issues directly. The Health Act 1956 does not provide clear expectations or guidance around the keeping of animals. This presents a challenge when dealing with issues, creates a risk of ad-hoc management approaches, and a lack of consistency.

However, under the Health Act 1956, a bylaw can enact the ability to prosecute and broaden the scope of regulated animal activity. The Local Government Act 2002 provides Council with further enforcement powers and the ability to specifically regulate the keeping of bees and poultry within the urban environment.

Some members of the public are unaware of the requirements of sensible and responsible animal ownership or are unclear as to what is appropriate activity. A bylaw provides members of the public clarity regarding permissible activity.

A bylaw will provide Council with more ability to regulate and control animal behaviour in the district, encourage responsible ownership, and provide greater clarity on what constitutes appropriate animal ownership.

Council staff recommend a bylaw under the Health Act 1956 and the Local Government Act 2002 to be the most appropriate way to address known and perceived animal issues for the following reasons:

· many known and perceived animal problems are unable to be addressed by council

· protecting public health and safety

· protecting the public against offensive behaviour

· preventing or abating health nuisances because of animals

· Council can regulate the keeping of animals specifically under s146(a) of the Local Government Act 2002

· section 64 of the Health Act 1956 provides council with abilities to regulate smell and noise nuisance

Options

Option one: Status Quo: No bylaw is made

Council does not make a new bylaw to regulate animals. Problems regarding animals continue to be regulated through existing powers under the Health Act 1956

Advantages

· No resources are allocated to the development of a new bylaw

Disadvantages

· Will not provide effective tools for enforcement and monitoring of animal issues leading to reputational risk and inefficient use of resources.

Option two: Make a bylaw under the Local Government Act 2002

A new bylaw is made under the Local Government Act 2002 only. Council continues to use specific regulatory powers available under the Health Act 1956.

Advantages

· Provides clearer guidance to members of the public around permissible activities

· Provides Council with the opportunity to monitor and enforce against non-compliance

· Provides solutions or guidance to many commonly occurring problems

Disadvantages

· A narrow scope for the types of animals and controls that can be put in place

Option three: Make a bylaw under the Health Act 1956

A new bylaw is made under the Health Act 1956 only.

Advantages

· Provides scope for some known animal problems

· Provides clearer guidance to members of the public around permissible activities

· Provides Council with the opportunity to monitor and enforce against non-compliance

Disadvantages

· Enforcement is only through prosecution with a maximum penalty of a $500 fine

· Limited in scope of other problems permitted by other legislation

Option 4: Make a new bylaw under the Local Government Act 2002 and the Health Act 1956 – recommended option

A new bylaw is made under both the Local Government Act 2002 and the Health Act 1956

Advantages

· Allows for Councils full regulatory powers to be enacted via a bylaw including a wide range of animals and specifically identified animal problems such as smell and noise

· Increased enforcement options

· Provides more solutions to address current known and perceived issues

· Provides greatest ability to provide clear public guidelines for animal ownership

· Ties all regulatory options into one bylaw

Disadvantages

· none

New Zealand Bill of Rights Assessment

The recommended approach to create a bylaw to regulate animals in the district may potentially have implications on the rights of freedom of movement in the New Zealand Bill of Rights Act 1990 (the Act)

Any bylaw provision will limit these rights only to the extent they create:

· a danger to health and safety

· a nuisance to others or the public generally

· contribute to offensive behaviour

The bylaw will not impact on people’s ability to hold their own views or express their views with regards to the ownership of animals and will encourage animal owners to be aware of the impacts of owning an animal on other people, where they may cause a nuisance or create a risk to health and safety or display offensive behaviour.

Any limitations on the rights of the Act will be justified in accordance with section 5 of the Act. A full Bill of Rights assessment will be conducted once a bylaw has been drafted.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

A bylaw is the most appropriate way of addressing problems relating to the keeping of animals in the urban environment.

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

The cost of consulting on the recommended option will be met from existing operational budgets

Āpitihanga / Attachments

1. Animals - Research report - A4159517 ⇩

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, during 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	A resolution to create a new bylaw is of low significance, further reports as a result of the resolution may reach a higher level of significance as per the Significance and Engagement Policy and may require consultation under S83 or S82 of the Local Government Act 2002 to take place
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The following legislation directly applies to this report: · Local Government Act 2002 s145 and s146 · Health Act 1956
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 boards views have not been sought at this stage, this report has district-wide implications and is outside of the delegations of 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 views of Māori will be sought to inform the development of the bylaw. Māori will be provided an opportunity to inform this process and collaborate in areas of significance. The views of iwi/hapū and whānau have not been sought in the development of the s155 determinations.
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 able to feedback and be engaged in the development of a potential bylaw and will include animal rights groups, community groups, individuals, Northern Regional Council, Department of Conservation and other.
State the financial implications and where budgetary provisions have been made to support this decision.	The cost of developing, engagement and consultation for the recommended approach will be met from existing operational budgets.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

4 May 2023

6.3 Review of Waste Management and Minimisation Plan 2017-2023

File Number: A4162375

Author: Briar Macken, Manager - Strategy Development - Acting

Authoriser: Roger Ackers, Group Manager - Planning & Policy

Take Pūrongo / Purpose of the Report

To seek approval to develop a new waste management and minimisation plan.

WhakarĀpopoto matua / Executive Summary

· Council is required to make a Waste Management and Minimisation Plan (WMMP) under the Waste Minimisation Act 2008.

· On 18 May 2017, Council made the Waste Management and Minimisation Plan 2017-2023.

· The WMMP 2017-2023 is due for review by 18 May 2023.

· A review identified the WMMP 2017-2023 is no longer consistent with the national Waste Strategy and therefore does not meet the requirements of the Waste Minimisation Act 2008.

· A new WMMP should be developed.

tŪtohunga / Recommendation

That Council:

a) agree, under section 50 of the Waste Minimisation Act 2008, the Waste Management and Minimisation Plan 2017-2023 has been reviewed.

b) approve, a new waste management and minimisation plan be developed under sections 43 and 44 of the Waste Minimisation Act 2008.

c) approve the development of a solid waste strategy.

1) TĀhuhu kŌrero / Background

Under section 43 of the Waste Minimisation Act 2008, Council is required to have a Waste Management and Minimisation Plan (WMMP). The Waste Management and Minimisation Plan 2017-2023 was made on 18 May 2017.

Under section 50 of the Waste Minimisation Act 2008, Council must review the WMMP every six years. The Waste Management and Minimisation Plan 2017-2023 is due for review by 18 May 2023.

Before conducting a review, Council must make an assessment under section 51 of the Waste Minimisation Act 2008 (attachment 1).

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Central government initiated changes

In March 2023, central government announced several changes to the way waste is managed across Aotearoa New Zealand, the changes include:

· a new Waste Strategy which aims to create a low-emissions, low-waste society, built upon a circular economy

· standardising the recyclable materials collected by councils

· mandating councils to provide kerbside recycling collections in urban areas by 2027

· mandating councils to provide food scrap collection services in urban areas by 2030.

Waste Strategy

The new Waste Strategy’s vision is “By 2050, Aotearoa New Zealand is a low-emissions, low-waste society, built upon a circular economy. We cherish our inseparable connection with the natural environment and look after the planet’s finite resources with care and responsibility”.

The guiding principles are:

· Take responsibility for how we make, use, manage and dispose of things.

· Apply the waste hierarchy preferences to how we manage materials.

· Protect and regenerate the natural environment and its systems.

· Deliver equitable and inclusive outcomes.

· Ensure our systems for using, managing and disposing of materials are financially sustainable.

· Think across systems, places and generations.

The Waste Strategy is discussed more in depth throughout the attached research report (attachment 2).

Waste Disposal Levy

The Waste Disposal Levy (Levy) is a key incentive for diverting waste away from landfill to recycling and composting. The levy provides valuable revenue for local authorities to implement their WMMPs. Central government is implementing annual incremental increases of the municipal landfill levy from the current $10 per tonne to $60 per tonne by 2024. The levy is to be expanded to include additional landfill types such as construction and demolition fills.

The Levy can only be used for actions identified in the WMMP.

Review of the Waste Management and Minimisation Plan

A review of the Waste Management and Minimisation Plan 2017-2023 (attachment 3) has been completed, the full report is attached (attachment 2).

The review has identified that the 2017-2023 WMMP:

· is no longer consistent with the Waste Strategy and therefore does not adhere to legislative requirements

· does not follow best practice policy development processes

· does not address the issue of illegal dumping

· does not use the most appropriate targets to measure waste minimisation.

The WMMP should be amended to align with the Waste Strategy 2023, address illegal dumping, and to improve clarity regarding goals, objectives, and appropriate measures.

Central government is introducing several initiatives including but not limited to mandating kerbside recycling and food scrap collections. The WMMP will need to be amended to allow for a range of waste types collected at kerbside in urban areas.

Council has achieved most of the actions identified in the WMMP action plan, although the actions do not clearly align with the WMMP goals and objectives. Increases to the waste Levy may provide extra resources for more effective waste minimisation initiatives. The waste Levy must only fund activities identified in the action plan. The WMMP should be amended to include an updated action plan that aligns with the WMMP and provides for further initiatives to reduce divertible materials from entering in the waste stream.

Solid Waste Strategy

Achieving significant changes in waste minimisation is a long-term goal, the national Waste Strategy 2023 acknowledges this by adopting a vision for 2050. The WMMP covers a six-year period. In the current WMMP, Council has set waste targets that are unachievable within six years. A longer-term strategy would allow council to set and potentially achieve ambitious waste targets.

Some of the new requirements for councils have implementation dates that extend beyond the six-year WMMP review cycle. For example, Council must provide food scrap collection services by 2030. The extended implementation date is to allow councils sufficient time to implement the required infrastructure. Some infrastructure e.g., composting facilities, will need to be developed regionally.

A solid waste strategy that extends to 2050 would support Council with long term planning, particularly regarding infrastructure development and climate response actions that align with population growth.

The WMMP could support the Solid Waste Strategy and act as an action plan to achieve Council’s long-term vision.

Options

Option one: Make a solid waste strategy and a new WMMP (recommended option)

Council develops both a long-term solid waste strategy and a new WMMP. The WMMP acts as an action plan to support the implementation of the strategy.

The development of a solid waste strategy would occur concurrently with the development of the new WMMP utilising resources efficiently.

Advantages and disadvantages of developing a solid waste strategy and a new WMMP

Advantages

- Council will have a long-term solid waste plan to support infrastructure planning

- Council will be able to set long-term goals

- The WMMP will align with relevant laws and legislation

- The WMMP will align with the new national Waste Strategy

- The WMMP will follow best practice policy processes

- The WMMP will have an updated action plan allowing Council to access funding from central government.

Disadvantages

- None

Option two: Make a new WMMP

Council develops a new WMMP but does not develop a long-term solid waste strategy.

Advantages and disadvantages of developing a new WMMP without a long-term strategy

Advantages

- The WMMP will align with relevant laws and legislation

- The WMMP will align with the new national Waste Strategy

- The WMMP will follow best practice policy processes

- The WMMP will have an updated action plan allowing Council to access funding from central government.

Disadvantages

- Council will continue to undertake ad hoc investments into solid waste infrastructure

Option three: Do nothing: continue the WMMP without amendment

Council does not amend the WMMP and does not create a long-term solid waste strategy

Advantages

- None

Disadvantages

- Council will not adhere to relevant laws and legislation leading to reputational and financial risk.

- The WMMP action plan will not be updated preventing Council from accessing central government funding and the waste levy. All waste minimisation activities would then need to be funded from rates.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Developing a solid waste strategy and a new WMMP will allow Council to undertake long-term planning, adhere to legislative requirements, and access central government funding for waste minimisation activities.

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

The cost of developing a solid waste strategy and a new WMMP will be met from existing operation budgets.

Āpitihanga / Attachments

1. FNDC Waste Assessment_FINAL DRAFT_230404 - A4165363 ⇩

2. Review Report - WMMP 2017-2023 - A4165355 ⇩

3. 2017-23 Waste Management and Minimisation Plan - A3587553 ⇩

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 develop a solid waste strategy and a new WMMP will have little effect on financial thresholds, ratepayers, specific demographics or levels of service. The recommendation is consistent with existing plans. 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 following policies and legislation apply to the decisions in this report: · sections 43, 44 and 50 of the Waste Minimisation Act 2008 · the national Waste Strategy 2023 · section 77 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.	The recommendation has district wide relevance. Therefore, the views of the Community Boards 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.	Māori have been given the same opportunity to contribute to the review of the WMMP as the general public via online early engagement. However, seeking the views and input of Māori in the development of both a solid waste strategy and a new WMMP is integral. Māori will be given an opportunity to contribute during the early engagement and consultation stage of the strategy and WMMP development 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).	Ngā Tai Ora – Public Health Northland were consulted on the Waste Assessment as required by the Waste Minimisation Act 2008. The public were invited to engage via an online survey to share their views on the vision for waste management in the Far North. Affected and interested parties will be given an opportunity to share their views and preferences throughout the strategy and WMMP development process including: · Community groups concerned about waste minimisation · Businesses working within waste minimisation · Ministry for the Environment · Ngā Tai Ora – Public Health Northland · General Public
State the financial implications and where budgetary provisions have been made to support this decision.	The cost of developing a solid waste strategy and a new WMMP will be met from existing operation budgets.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report

Ordinary Council Meeting Agenda

4 May 2023

6.4 Update of Council Delegations under legislation

File Number: A4171169

Author: Carla Ditchfield, Legal Services Officer

Authoriser: Janice Smith, Group Manager - Corporate Services

Take Pūrongo / Purpose of the Report

To update the existing delegation of powers under the Resource Management Act 1991 (RMA) and the Local Government (Rating) Act 2002 (LGRA) to reflect changes to position titles.

WhakarĀpopoto matua / Executive Summary

· The powers that are delegated allow Council staff to carry out the day-to-day functions of the LGRA 2002 and the RMA1991 in an efficient and effective way.

· The organisation 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 and the LGRA the attached instruments of delegation have been amended.

tŪtohunga / Recommendation

That Council approve the instruments of delegation as attached:

a) Resource management Act 1991

b) Local Government (Rating) Act 2002

1) TĀhuhu kŌrero / Background

Council approved instruments of delegation relating to powers granted to it by the RMA and the LGRA.

The powers that are delegated allow Council staff to carry out the day-to-day functions of the RMA and the LGRA 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 positions to which the delegations were made have 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 and the LGRA 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. Rating Delegations Schedule April 2023 - A4171080 ⇩

2. TK Link 05 - CNCL - DS - Commissioners updated April 23 - A4171079 ⇩

3. TK Link 06 - CNCL - DS - RMA updatd April 23 - A4171078 ⇩

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 Local Government (Rating) 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.	This is a District Wide issue as the RMA and the LGRA 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.	The CFO has reviewed this report

Ordinary Council Meeting Agenda

4 May 2023

8 Te Wāhanga Tūmataiti / Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendation

That the public be excluded from the following parts of the proceedings of this meeting.

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Ground(s) under section 48 for the passing of this resolution
8.1 - Confirmation of Previous Minutes - Public Excluded	s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information s7(2)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
8.2 - Mangonui Waterfront development- boardwalk extension and Mill Bay Jetty	s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
8.3 - Kerikeri Squash Courts - Variation to Contract over $1 Million	s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
8.4 Interim Chief Executive Officer Appointment	s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7