Te Kaunihera o Tai Tokerau ki te Raki

 

 

AGENDA

 

Ordinary Council Meeting

 

Thursday, 3 August 2023

Time:

10:00 am

Location:

Council Chambers

Memorial Ave

Kaikohe

 

 

Membership:

Kahika - Mayor Moko Tepania - Chairperson

Kōwhai - Deputy Mayor Kelly Stratford

Cr Ann Court

Cr Felicity Foy

Cr Hilda Halkyard-Harawira

Cr Babe Kapa

Cr Penetaui Kleskovic

Cr Steve McNally

Cr Mate Radich

Cr Tāmati Rākena

 


Ordinary Council Meeting Agenda

3 August 2023

 

 

Far North District Council

Ordinary Council Meeting

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

Thursday 3 August 2023 at 10:00 am

Te Paeroa Mahi / Order of Business

1          Karakia Timatanga / Opening Prayer. 5

2          Ngā Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest 5

3          Ngā Tono Kōrero / Deputations. 5

4          Ngā Kōrero A Te Kahika / Mayoral Announcements. 5

5          Te Whakaaetanga o Ngā Meneti o Mua / Confirmation of Previous Minutes. 6

5.1            Confirmation of Previous Minutes. 6

6          Ngā Pūrongo / Reports. 26

6.1            Far North Holdings Limited (FNHL) Director Appointment Extension. 26

6.2            Parking Strategic Policy. 30

6.3            Adoption of Amended Class 4 Gaming and TAB Venue Policy. 51

7          Ngā Pūrongo Taipitopito / Information Reports. 67

7.1            Community Board Minutes - July 2023. 67

7.2            Mayor and Councillor's Reports. 89

7.3            Council Action Sheet Update July 2023. 123

8          Te Wāhanga Tūmataiti / Public Excluded. 141

8.1            Confirmation of Previous Minutes - Public Excluded. 141

8.2            Community Board Public Excluded Minutes - July 2023. 141

8.3            1 Wharo Way Ahipara & Pōhutukawa Tree. 141

8.4            Kaikohe Wastewater Treatment Plant Desludging Procurement 142

8.5            Solid Waste Services Contract Procurement Plan. 142

8.6            Mangonui Waterfront Development- Long Vehicle Park and Mill Bay Jetty. 142

9          Karakia Whakamutunga / Closing Prayer. 143

10       Te Kapinga Hui / Meeting Close. 143

 

 


1            Karakia Timatanga / Opening Prayer

Ka tuku mātou kia kaha mai ngā māngai kua whiriwhirihia mō Te Kaunihera o Tai Tokerau ki te Raki ki te mahi me te ngākau auaha me te whakamahi i ngā pūkenga me te mātauranga i roto i ngā wānanga me ngā whakataunga kia whakatūria ai tētahi Hapori e matatika ana, e tū kotahi ana ka mutu ka whakapiki anō i te oranga o tō tātou rohe, ka whakatau anō i ngā take o te rohe i runga i te tika me te pono.

We ask that through Council discussions and decisions the representatives we have elected may govern the Far North District with imagination, skill and wisdom to achieve a fairer and more united Community that enhances the wellbeing of our district and solves the District’s problems efficiently and effectively.

2            Ngā Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest

Members need to stand aside from decision-making when a conflict arises between their role as a Member of the Council and any private or other external interest they might have. This note is provided as a reminder to Members to review the matters on the agenda and assess and identify where they may have a pecuniary or other conflict of interest, or where there may be a perception of a conflict of interest.

If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the meeting or of the relevant item of business and refrain from participating in the discussion or voting on that item. If a Member thinks they may have a conflict of interest, they can seek advice from the Chief Executive Officer or the Manager - Democracy Services (preferably before the meeting).

It is noted that while members can seek advice the final decision as to whether a conflict exists rests with the member.

3            Ngā Tono Kōrero / Deputations

Leonie Exel – Bay of Islands Watchdogs

4            Ngā Kōrero A Te Kahika / Mayoral Announcements


Ordinary Council Meeting Agenda

3 August 2023

 

5            Te Whakaaetanga o Ngā Meneti o Mua / Confirmation of Previous Minutes

5.1         Confirmation of Previous Minutes

File Number:           A4293107

Author:                    Marlema Baker, Democracy Advisor

Authoriser:             Aisha Huriwai, Manager - 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 confirm the minutes of the Council meeting held 29 June 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.       2023-06-29 Council Minutes - A4275629  


 

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

3 August 2023

 


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Ordinary Council Meeting Agenda

3 August 2023

 

6            Ngā Pūrongo / Reports

6.1         Far North Holdings Limited (FNHL) Director Appointment Extension

File Number:           A4307172

Author:                    Aisha Huriwai, Manager - Democracy Services

Authoriser:             Jacine Warmington, Group Manager - Strategic Relationships

 

Take Pūrongo / Purpose of the Report

To extend the appointment of Bill Birnie as a Far North Holdings Board Member to provide more time for the recruitment process to be completed.

WhakarĀpopoto matua / Executive Summary

·        Far North Holdings Director Bill Birnie’s appointment period ends 31 July 2023.

·        This report seeks a short extension to provide time for the recruitment of a replacement to be concluded.

 

tŪtohunga / Recommendation

That Bill Birnie’s appointment as Director to Far North Holdings Limited be extended for up to three months or until a replacement Director is appointed to the Board.

 

 

1) TĀhuhu kŌrero / Background

Bill Birnie was first appointed as a Board member of Far North Holdings Limited in 2011.

While Council’s policy is that directors serve no more than nine years an exception was made when Council resolved to approve an extension of appointment for a further 2 years in July 2021 to ensure the smooth completion of a number of significant infrastructure projects.

While the recruitment process for a replacement is in progress it will fall short of being finalised before the next FNHL Board meeting scheduled for 22 August.

Applications close 7 August and staff will look to conclude the recruitment process with a report to the 24 August Council meeting to finalise the appointment.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

This report recommends an extension of up to three months to allow the recruitment process to be concluded. It is intended to report to the 24 August Council meeting but as this is a very tight turn around time, an extension beyond that is sought.

Council could decide not to extend the appointment and leave the position vacant for a short time.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Council’s policy is that directors serve no longer than 9 consecutive years. As an exception has already been made to the policy. As a replacement has not yet been appointed it is recommended that a further maximum three-month extension be approved.

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

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

Āpitihanga / Attachments

Nil

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

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

 

He Take Ōkawa / Compliance Requirement

Aromatawai Kaimahi / Staff Assessment

State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

This matter is of low significance.

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

Staff will be following the Appointment and Remuneration of Directors for Council Organisation policy through this process.

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

 

This is a matter of district relevance; therefore the views of the Community Board have not been sought.

This report also has not been to Te Miromiro - Assurance Risk and Finance Committee for discussion. Although the Committee have a responsibility of oversight over Council Controlled organisations the timelines for reporting did not allow for a discussion at the Committee prior to Council decision.

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

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

 There are no specific implications on Māori in considering this extension.

Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).

This report does not impact any persons identified by legislation.

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

There are no financial implications or need for budgetary provision.

Chief Financial Officer review.

The Group Manager Corporate Services has reviewed this report.

 

 


Ordinary Council Meeting Agenda

3 August 2023

 

6.2         Parking Strategic Policy

File Number:           A4164159

Author:                    Dan Bowmar, Policy Advisor

Authoriser:             Roger Ackers, Group Manager - Planning & Policy

 

Take Pūrongo / Purpose of the Report

To seek approval to develop a strategy for parking.

WhakarĀpopoto matua / Executive Summary

·        Waka Kotahi New Zealand Transport Agency released National Parking Management guidelines in November 2020 recommending Councils have parking policies.

·        On 10 December 2020, the Integrated Transport Strategy endorsed by Council in December 2020. Development of a Parking Strategy and / or Policy is identified as one of the actions in the 10-year implementation plan within the Integrated Transport Strategy.

·        Council staff have identified problems with congestion, mobility parking, and a lack of guidance to aid decision making and planning for parking management in the Far North district.

·        Council staff have identified opportunities to support a reduction in emissions and utilise technology to aid and promote effective parking management in the Far North district.

·        A parking strategy is the most appropriate way to address parking in the Far North district.

 

tŪtohunga / Recommendation

That Council approves, the development of a new Parking Strategy.

 

1) TĀhuhu kŌrero / Background

In November 2020, Waka Kotahi recommended councils adopt parking policies and plans to support good decisions regarding parking management.

 

On 10 December 2020, Council endorsed the Integrated Transport Strategy. Development of a Parking Strategy and Policy is identified as one of the implementation plan actions within the Integrated Transport Strategy.

 

The Far North district is experiencing growth. Growth has an impact on parking availability and Council should plan for this growth. If population growth continues, Council may become a Tier 3 Council under the National Policy Statement on Urban Development. As a Tier 3 Council, Council would be required to remove the minimum car parking rate in the District Plan increasing the need for public car parking.

 

A previous proposed District Plan change to remove parking requirements for landowners in some town centres was not successful as Council did not have a parking strategy to justify the plan change.

 

Elected Members have expressed a desire to improve the management of parking for examples the creation of parklets and extending the areas of enforcement within the Far North district.

 

Council has only partial coverage of parking policy matters which is regulated through the District Plan, Engineering Standards, and the Parking Bylaw. Having this information across the three documents makes regulation of parking difficult to access and provides opportunity for documents to contradict each other over time.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Council’s role in parking

Section 10 of the Local Government Act 2002 outlines the purpose of local government - “to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future.”

It is Council’s role to provide infrastructure for the Far North region. As the population of the Far North grows, parking should be considered as part of any infrastructure development and align with strategies and plans.

 

Council is the road controlling authority for local roads in the Far North. Therefore, Council has a role in regulating parking the Land Transport Act 1998.

 

Research Findings

A research report regarding parking problems and opportunities is attached (attachment 1). A summary of the research is provided below.

 

The Far North Integrated Transport Strategy (ITS) addresses the key transport problems faced by the district. It is a holistic strategy that focuses on improving the current situation as well as providing direction to allow the district to respond in a consistent manner to address future challenges faced by growth, changing land use and new technology.

 

The ITS outlined a 10-year implementation strategic plan. This plan has a clear prioritisation process which aims to provide benefits for both the whole district and individual communities.

This plan supports the need for a parking strategy and policy for the Far North District Council. Parking is highlighted in the implementation plan through the following areas:

·    Road network

·    Travel demand management

·    Public transport / Ride share

The ITS recommends a parking Strategy to achieve:

·    A safer, better transport system with more transport choices for people and businesses

·    Improved connectivity and access to social and economic activities

·    Secure and reliable transport network

·    Community supported prioritised transport investment to best use resources and attract funding.

Research into the problems associated with parking in the Far North has revealed the following:

·    No guidance or parameters for the allocation or deallocation of parking lots, spaces.

·    Reactionary changes to parking resulting in unintended consequences and adverse outcomes. This has negative wellbeing outcomes and creates adverse functional outcomes for urban areas, as well as a reduction in functionality.

·    Planning for future parking requirements is not integrated with placemaking or with climate change strategy. For instance, there is a demand from public for more parking in urban centres. At the same time, staff are working on placemaking plans that intend to reduce traffic congestion and redirect traffic away from town centres, while also trying to achieve Council climate change objectives of reducing vehicle kilometres travelled and vehicle emissions.

Development of a parking strategy would:

·    assist the council in delivering good parking management through the Far North District

·    support equity

·    address automobile dependency

·    support climate change and public spaces policy

·    future proof population growth and infrastructure development

·    determine if parking time limits and fee structures are required and how these will be set

·    determine if the use of technology, such as CCTV, is required

·    determine what resources will be required to monitor and enforce

·    ensure compliance with Waka Kotahi Guidelines

·    support the new parking bylaw

·    allow evidence-based decisions when making amendments to the Parking Bylaw and District Plan.

Evidence indicates that the development of a parking strategy is the most appropriate way to address parking in the Far North District.

Options

Option One: Develop a new strategy for parking – Recommended option

Parking is informed and guided by a new strategy for parking.

Advantages and disadvantages of developing a parking strategy

Advantages

·    Follows recommendation from the Integrated Transport Strategy 10-year implementation plan to develop a parking strategy.

 

·    Ensures compliance with Waka Kotahi guidelines.

 

·    Ensures effective and efficient strategic planning regarding parking that aligns with plans and polices.

 

·    Allows evidence-based decisions when making amendments to the parking bylaw.

Disadvantages

·    None.

 

Option Two: Do not develop a strategy for parking

A strategic policy for parking is not developed.

Advantages and disadvantages of not developing a parking strategy

Advantages

·    Resources are not allocated to the development of a strategic policy for parking.

Disadvantages

·    Ad hoc decision making for parking in the Far North District based on parking issues as they arise for Council, leading to reputational risk.

 

·    Growth related plans are not integrated with parking related plans leading to poor town planning.

 

·    Risk of inefficient use of high value land.

 

·    Inefficient use of resources in amending bylaw every time a change is required.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Evidence from the research indicates that Option one: Develop a new Strategic Policy for Parking is the most appropriate way to manage parking across the district.

A strategic parking policy would contribute to achieving the objectives, priorities, and actions of Council by anticipating and planning for growth and ensuring parking is managed for the wellbeing of the community of the Far North.

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

The costs to develop a strategic policy for parking will be met by existing operational budgets.

Āpitihanga / Attachments

1.       Strategic Policy for parking - Research Report - A4164147  

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

In line with the Significance and Engagement Policy the recommendation to develop a strategic policy for parking will have little effect on financial thresholds, ratepayers, specific demographics, or levels of service. The recommendation is consistent with existing plans and policies. Therefore, the level of significance is low.

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

·    National Policy Statement for Urban Development

·    Keeping Cities Moving released by Waka Kotahi NZ Transport Agency in September 2019

·    Government Policy Statement on land transport 2021/22–2030/31

·    New Zealand Urban Design Protocol

·    The Climate Change Response (Zero Carbon) Amendment Act 2019

·    Northland Regional Land Transport Plan (2015-2021)

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.

 

A strategic policy for parking will have an impact on the whole Far North district. Consultation with Community Boards is not required at this stage. However, the Community Boards views will be sought during the development of the parking strategy.

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

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

The implications for Māori from the regulation of parking are similar to the impacts on communities generally. Māori will be given an opportunity to provide their views during the development stage of the strategy process.

Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).

Affected an interested parties will be given an opportunity to share their views and preferences during the early engagement and consultation phases of the strategy development process.

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

The costs to develop a strategic policy for parking will be met from existing operational budgets.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Ordinary Council Meeting Agenda

3 August 2023

 


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Ordinary Council Meeting Agenda

3 August 2023

 

6.3         Adoption of Amended Class 4 Gaming and TAB Venue Policy

File Number:           A4238583

Author:                    Donald Sheppard, Policy Advisor

Authoriser:             Roger Ackers, Group Manager - Planning & Policy

 

Take Pūrongo / Purpose of the Report

To approve the adoption of the amended Class 4 Gaming and TAB Venue Policy.

WhakarĀpopoto matua / Executive Summary

·    On 24 February 2022, the Policy was reviewed under section 102 of the Gambling Act 2003 and section 97 of the Racing Industry Act 2020. Council resolved that the Policy should continue with amendment (Resolution 2022/5 refers).

·    On 9 February 2023 Council approved a statement of proposal for an amended Class 4 Gaming and TAB Venue Policy be released for public consultation.

·    Consultation took place from 15 February to 15 March 2023 and oral submissions were heard on 6 April 2023.

·    Council staff have analysed the submissions and recommend one change to the draft amended Policy in response to these submissions (see attachment 1).

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

 

tŪtohunga / Recommendation

That Council:

a)      approves the recommendations in the staff report on Class 4 Gaming and TAB Venue Policy submissions and recommendations for consideration in attachment 1 that:

i)       No changes are made to clauses 1, 2 (a, c, d, e, f, g, h & i), 3 and 4.

ii)      Clause 2b(i) is amended by adding the words "A natural disaster," before "fire or other damage to the present venue"

b)      makes the Class 4 Gaming and TAB Venue Policy under section 101 of the Gambling Act 2003 and section 96 of the Racing Industry Act 2020.

 

 

1) TĀhuhu kŌrero / Background

Council is required to have a Class 4 gaming policy under section 101 of the Gambling Act

2003. Council is also required to have a TAB venue policy under section 96 of the Racing

Industry Act 2020. This policy cannot prohibit Class 4 gaming and/or TAB gambling in the district but must address the location and number of Class 4 gaming venues and standalone TAB venues. When adopting or reviewing this policy, Council must have regard to the social impact and harm prevention of gambling within the district.

 

On 24 February 2022, the Policy was reviewed under section 102 of the Gambling Act 2003 and section 97 of the Racing Industry Act 2020. Council determined the policy should continue with amendment (Resolution 2022/5 refers).

 

On 9 Feb 2023, Council approved a proposal for an amended Class 4 Gaming and TAB Venue Policy for public consultation.

 

The period during which people could make submissions on the proposal was from 15 February to 15 March 2023. Thirty written submissions were received, with 11 received online and 19 via email.  Six of those who made written submissions also made oral submissions and these submissions were heard by the Council on 6 April 2023.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The report in Attachment 1 summarises the public submissions and recommends a  change to clause 2b(i) of the amended policy in response to these submissions.

If this recommendation is agreed to, Council staff advise that the amended Class 4 Gaming and TAB Venue Policy in Attachment 2 is an appropriate form of policy for the purposes of section 102 of the Gambling Act 2003 and section 97 of the Racing Industry Act 2020.

 

Content and form of the proposed policy

Council staff have addressed the content and form of the proposed policy by ensuring it:

•     is certain (clear)

•     consistently follows the intent of a sinking lid policy

•     applies a sinking lid policy to both Class 4 gaming venues and standalone TAB venues

•     is consistent with relevant laws and legislation.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Continuing with a sinking lid approach to Class 4 gaming venue numbers addresses the social harm associated with this gambling.

Applying a sinking lid approach to standalone TAB venue numbers is consistent with the approach taken for Class 4 gaming.

Adding the words “A natural disaster," before "fire or other damage to the present venue" in clause 2b(i) allows for various plausible natural disasters requiring venues to be relocated which are beyond the control of the owner or lessee.

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

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

Āpitihanga / Attachments

1.       Analysis Report on Gaming Policy Submissions 2023 - A4193880

2.       Class 4 Gaming and TAB Venue Policy - A4198494  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

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

 

He Take Ōkawa / Compliance Requirement

Aromatawai Kaimahi / Staff Assessment

State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

The decision to amend the Policy is of low significance as it does not involve the change of ownership or control of a strategic asset  or other important asset, and it is not inconsistent with Council’s plans and policies

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

Sections 102 of the Gambling Act 2003, section 97 and 98 of the Racing Industry Act 2020 and sections 10 and 83 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.

 

The proposal has District wide relevance and therefore 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.

The decision in this report is not significant and does not relate to land and/or any body of water.

 

However, Māori are significantly more likely than non-Māori to be negatively impacted by the harmful effects of gambling. Under section 102 of the Gambling Act 2023, Council must give notice to organisations representing Māori in the district.   

 

Iwi were formally invited to participate in the consultation process via Te Kahu o Taonui.

 

Two kaupapa Māori health providers engaged in consultation providing both written and oral submissions. These were Ngā Manga Pūriri and Te Hau Ora o Ngāpuhi (a subsidiary of Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi).

Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).

Affected and interested parties were given the opportunity to share their views and preferences during the consultation period including:

•     community groups concerned about class 4

gaming and TAB venues in their community

•     the gaming trust industry

•     Ngā Tai Ora – Public Health Northland

•     social service organisations.

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

The cost to implement the Policy will come from existing operation budgets.

Chief Financial Officer review.

This report has been reviewed by the Chief Financial Officer

 

 


Ordinary Council Meeting Agenda

3 August 2023

 


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Ordinary Council Meeting Agenda

3 August 2023

 


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Ordinary Council Meeting Agenda

3 August 2023

 

7            Ngā Pūrongo Taipitopito / Information Reports

7.1         Community Board Minutes - July 2023

File Number:           A4299534

Author:                    Marlema Baker, Democracy Advisor

Authoriser:             Aisha Huriwai, Manager - Democracy Services

 

TAKE PŪRONGO / Purpose of the Report

To provide an overview of resolutions made by Community Boards with an opportunity for Chairpersons to speak with Council about pertinent discussions held at Community Board.

WHAKARĀPOPOTO MATUA / Executive SummarY

Minutes from the following Community Board meetings are attached for Council information:

·    4 July 2023 – Te Hiku Community Board

·    5 July 2023 – Kaikohe-Hokianga Community Board

·    6 July 2023 – Bay of Islands-Whangaroa Community Board

 

TŪTOHUNGA / Recommendation

That Council note the following Community Board minutes:

a)      4 July 2023 - Te Hiku Community Board

b)      5 July 2023 - Kaikohe-Hokianga Community Board

c)      6 July 2023 - Bay of Islands-Whangaroa Community Board

 

 

tĀHUHU KŌRERO / Background

This report is to provide Council with an overview of resolutions made at Community Board meetings and for Community Board Chairpersons to raise any Community Board issues with Council.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

This is intended as an information report but shows on the agenda as a standard report to place it earlier on the agenda.

From time-to-time Community Boards may make recommendations to Council. This report is not considered to be the appropriate mechanism for Council to make a decision from a Community Board recommendation. Council could however move a motion to formally request a report on a particular matter for formal consideration at a subsequent meeting. The report would then ensure that Council have sufficient information to satisfy the decision-making requirements under the Local Government Act 2002 (sections 77-79).

The minutes presented to this meeting include recommendations to Council, which staff have requested be considered by Council for the June meeting.

PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision

There are no financial implications or need for budget provision in considering this report.

Āpitihanga / Attachments

1.       2023-07-04 Te Hiku Community Board Minutes - A4279964

2.       2023-07-05 Kaikohe-Hokianga Community Board Minutes - A4278402

3.       2023-07-06 Bay or Islands-Whangaroa Community Board - A4279384  

 
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Ordinary Council Meeting Agenda

3 August 2023

 


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Ordinary Council Meeting Agenda

3 August 2023

 

7.2         Mayor and Councillor's Reports

File Number:           A4299637

Author:                    Marlema Baker, Democracy Advisor

Authoriser:             Aisha Huriwai, Manager - Democracy Services

 

TE TAKE PŪRONGO / Purpose of the Report

This report is a mechanism to have open communication and transparency on activities undertaken by Councillors as elected representatives.

NGĀ TŪTOHUNGA / Recommendation

That Council:

a)       note the report dated June 2023 from Cr Felicity Foy which was omitted from the 1 June 2023 Council agenda.

 

b)       note the reports submitted to the 3 August 2023 meeting from Kahika – Mayor Moko Tepania, Kōwhai-Deputy Mayor Kelly Stratford and Councillors Ann Court, Hilda Halkyard-Harawira, Babe Kapa and Tāmati Rākena.

 

 

TE tĀHUHU KŌRERO / Background

Kahika-Mayor Tepania has reintroduced Council members reports as a mechanism to have open communication and transparency on activities undertaken by Councillors as elected representatives. Members reports are compulsory for Councillors.

TE MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Members reports are attached for information.

REASON FOR THE RECOMMENDATION

To formally receive the Mayor and Councillor reports.

NGĀ PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision

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

ngĀ Āpitihanga / Attachments

1.       Kahika/Mayors Report - Moko Tepania - A4303463

2.       Kowhai/Deputy Mayors Report - Kelly Stratford - A4303465

3.       Councillor Report - Ann Court - A4303730

4.       Councillor Report - Hilda Halkyard-Harawira - A4303464

5.       Councillor Report - Babe Kapa - A4309707

6.       Councillor Report - Tamati Rakena - A4305298

7.       Councillor Report - Felicity Foy - June 2023 - A4212383  

 


Ordinary Council Meeting Agenda

3 August 2023

 


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Ordinary Council Meeting Agenda

3 August 2023

 


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3 August 2023

 


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Ordinary Council Meeting Agenda

3 August 2023

 

7.3         Council Action Sheet Update July 2023

File Number:           A4293124

Author:                    Marlema Baker, Democracy Advisor

Authoriser:             Aisha Huriwai, Manager - Democracy Services

 

Take Pūrongo / Purpose of the Report

To provide Council with an overview of outstanding Council and the previous term Committee decisions from 1 January 2021.

WhakarĀpopoto matua / Executive Summary

·      Action sheets are a mechanism to communicate progress against decisions/resolutions.

·      Action sheets are also in place for all formal elected member meetings.

 

tŪtohunga / Recommendation

That Council receive the report Council Action Sheet Update July 2023.

 

1) TĀhuhu kŌrero / Background

Any resolution or decision from a meeting is compiled on an action sheet, to capture actions trigged by Board decisions. Staff provide updates on progress against tasks that are not yet completed.

The action sheet report also includes outstanding actions from previous triennium committees.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The outstanding tasks are often multi-facet projects that take longer to fully complete. Where a decision differs to the recommendation of staff there may be unintended consequences or challenges that take longer for staff to work through.

Take Tūtohunga / Reason for the recommendation.

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

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

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

Āpitihanga / Attachments

1.       Council Action Sheet Update - July 2023 - A4315725  

 

 


Ordinary Council Meeting Agenda

3 August 2023

 


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Ordinary Council Meeting Agenda

3 August 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 - Community Board Public Excluded Minutes - July 2023

s48(2)(a)(i) - the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the Council to deliberate in private on its decision or recommendation where a right of appeal lies to any court or tribunal against the final decision of the Council in these proceedings

s48(2)(a)(i) - the exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation

8.3 - 1 Wharo Way Ahipara & Pōhutukawa Tree

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)(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 - Kaikohe Wastewater Treatment Plant Desludging Procurement

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

8.5 - Solid Waste Services Contract Procurement Plan

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

8.6 - Mangonui Waterfront Development- Long Vehicle Park 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

 

 

 

 


Ordinary Council Meeting Agenda

3 August 2023

 

9            Karakia Whakamutunga / Closing Prayer

 

10          Te Kapinga Hui / Meeting Close