Agenda of Ordinary Council Meeting - Thursday, 24 August 2023

24 August 2023

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

5.1 Confirmation of Previous Minutes

File Number: A4336359

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 3 August 2023 and Extraordinary Council meeting held 14 August 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. Council Minutes 3 August 2023 - A4325002 ⇩

2. Council Extraordinary Minutes 14 August 2023 - A4336767 ⇩

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

24 August 2023

6 Ngā Pūrongo / Reports

6.1 CEO Delegation for Externally Funded Projects

File Number: A4329512

Author: Kevin Johnson, Group Manager - Delivery and Operations

Authoriser: Jonathan Slavich, Chief Financial Officer

Take Pūrongo / Purpose of the Report

To seek approval to continue with a more agile procurement strategy for the provision of professional services, and construction services for the Infrastructure Acceleration Fund (IAF) and externally funded projects.

Seeking approval to continue the delegation to the Chief Executive Officers financial delegations for period from 24 August 2023 to 30 June 2024.

WhakarĀpopoto matua / Executive Summary

§ In 2020 staff received approval from Council for a 3-year period commencing on the 13th of August 2020 for delegation to the Chief Financial Officer of Professional Services and award of construction contracts.

§ Council staff seek approval to continue the delegation to the Chief Executive Officers Financial Delegations to provide a more efficient response to market driven requirements for another period to 30 June 2024.

§ Demand for professional services and construction services will be dramatically increased by the infrastructure driven economic recovery process.

§ Council staff seek approval to implement a more agile and efficient procurement strategy for the procurement of Professional Services and Construction Services.

tŪtohunga / Recommendation

That Council:

a) continue to approve the delegation for the Chief Executive Officer to authorise Direct Award Professional Services contracts up to a value of $500,000 per contract, for Ministry of Business, Innovation and Employment funded projects, for period from 24 August 2023 to 30 June 2024.

b) continue to approve the delegation for the Chief Executive Officer to authorise award construction contracts, for all Ministry of Business, Innovation and Employment funded projects, for period from 24 August 2023 to 30 June 2024.

c) approve Agile Procurement Strategies for externally funded projects, effective 24 August 2023.

d) instruct the Chief Executive Officer to provide a quarterly information only report to the Council for Ministry of Business, Innovation and Employment funded procurement activity.

e) review the efficiency and effectiveness of these strategies one year after approval.

1) TĀhuhu kŌrero / Background

The externally funded major projects team is responsible for the effective management of existing and delivery of new infrastructure across the region.

In addition to the capital works and renewals programme Far North District Council (FNDC) applied for funding from the Crown Infrastructure Partners to gain funding for identified projects that the team believed best fulfilled the criteria, these included the following:

1. Kaitaia Water Project (Sweetwater)

2. Mangonui Broadway Development

3. Paihia Water Supply Project

4. Kawakawa to Opua Cycle Trail

5. Waitangi & Haruru Pump Station Upgrades

6. Te Hiku o Te Ika Revitalisation

7. Rangitane Maritime Development

8. IAF Kaikohe – Kaikohe Combined Development

9. IAF Kawakawa – Te Mataroa

10. Lindvart Park

11. Freese Park Seawall Protection

12. Kerikeri Domain Revitalization

13. Redevelopment of Strategic Roads in the Far North

14. Te Puawaitanga – Waipapa Sports Hub

15. Ruapekapeka Road

To assist the FNDC Team in delivering projects effectively and in a timely manner, the table below highlights the required services that need to be sourced to assist with project delivery.

Professional Services Category	Required Services
Project Management	· Programming · Tendering · Contract & Construction Management · Project Management · Probity Services
Technical Services	· Asset Management · Condition Surveys · Geotechnical Engineering, Investigation and testing · Structural Engineering · Monitoring, Surveillance & Quality Assurance · Quantity Surveyor / Cost Estimation · Scheme Assessment · Topographical Survey · Transport Engineering
Design Services	· General Design services for 3 Waters, small building and facilities and roading
General Services	· Peer Reviews · Planning & Consenting (including applications) · Public Consultation · Engineer to Contract & Engineer’s Representative

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The procurement landscape has changed dramatically in a post COVID-19 environment. The demand for Professional Services and Construction Services throughout New Zealand will increase exponentially due to the central government Infrastructure lead economic recovery strategy.

The traditional procurement approaches such of a formal Professional Services Supplier Panel or traditional construction procurement methodologies may not be agile or flexible enough to secure professional services providers and construction companies in a high demand, high velocity environment.

FNDC will be in direct competition with all other local government bodies and the private sector to secure providers in a very constrained market.

FNDC staff are seeking approval to continue with the increased Delegated Financial Authority (DFA) to the Chief Executive Officer and continue to adopt more agile procurement approaches to mitigate supply market risk.

The adoption of more agile procurement practices may result in a slight upward adjustment to the procurement risk profile however this is a minor risk consideration in comparison to the risk and impact of losing government funding due to the lack of agility in securing professional service and construction providers. This is a serious risk and could lead to the positive outcomes that may be delivered through this funding channel and is not fully realised for the citizens and ratepayers of the Far North. This risk can be effectively mitigated through the engagement of external probity assurance services.

Professional Services

Option One (Preferred Option):

To enable faster, more agile approach to securing Professional Service providers, it is proposed to delegate, to the Chief Executive Officer, the authority to Direct Award Professional Services contracts up to a value of $500,000 per contract for further period to 30 June 2024.

The traditional procurement approach of a formal Supplier Panel or individual competitive commissions will not be agile or flexible enough to secure Professional Services providers in a high demand, high velocity environment.

Option Two:

Maintain a traditional approach to the procurement of professional services which, in the current environment, may result in the risk of funding withdrawal, project delays or non-delivery of projects.

Professional Services Procurement value exceeds $100,000 and is less than $500,000:

· An offer of service i.e., quotation shall be sought from capable and willing professional services suppliers (shall engage the market in seeking three).

· To determine best value for money: to benchmark against current FNDC rates and All of Government Consultancy Services rates as to ensure that a competitive tension remains.

· All procurements shall have allocated budgets prior to engaging the market.

· FNDC shall employ the New Zealand Standard contracts when sourcing professional services within the market.

· Supplier performance will be assessed for each project.

Professional Services Procurement value exceeds $500,000

If the value of services exceeds $500,000, FNDC will refer to the standard procurement procedures as demonstrated within FNDC’s Procurement Manual.

Current FNDC’s Procurement Process

Dollar Value	Procurement Approach	Approval Mechanism	Approver
Under $100,000	Direct Award Closed Tender to three known, willing and capable suppliers Open Market Tender Supplier Panel	Procurement Plan & Supplier Selection Recommendation Report	Delegated Financial Authority
$100,000 - $200,000	Closed Tender to three known, willing and capable suppliers Open Market Tender, Supplier Panel	Procurement Plan & Supplier Selection Recommendation Report	Delegated Financial Authority
Above $200,000	Open Market Tender	Procurement Plan & Supplier Selection Recommendation Report	Delegated Financial Authority

Construction Contracts

Option 1 (Preferred Option)

It is proposed to delegate the authority to award Construction Contracts for IAF, Provincial Growth Fund, Kanoa and MBIE funded projects to the Chief Executive Officer for a period to 30 June 2024.

Procurement Plans for all externally funded construction projects will be approved by the relevant DFA or the Tenders Panel.

Reporting of completed procurements and contracts awarded will be made to the Council meeting on a quarterly basis.

As a progressive Council, we recognise the need to be agile with the ever-changing landscape across the nation and globally. We understand that there is a significant amount of infrastructure projects that will land in our district over coming months, and the supplier market must be supported to help deliver these projects. On the basis of building a strong partnership with our supplier base, we will explore options for agile procurement, whilst ensuring that we do this in a fiscally prudent and compliant manner.

Council will also need to look outside of our traditional supply markets to ensure that there is sufficient capacity to deliver the programme.

This will require a shift in thinking from the traditional procurement and “master/slave “contracting models to a focus on engaging Delivery Partners. Generating innovative outcomes will require different types of relationships and governance arrangements.

The attached documentation from MBIE provides guidance on Rapid Mobilisation for construction projects. The guidance has been developed to support economic and social recovery from COVID- 19, in a way that also supports the Construction Sector Accord’s goals to transform the construction sector for the better.

Construction and infrastructure projects have the potential to create jobs, develop skills, unlock businesses’ potential, support communities, enhance our built environment and help set New Zealand up for a sustainable and more inclusive future.

Possible Agile Procurement Strategies

· Direct Award contracts for low risk, low complexity works up to a value of $1,000,000

· Bundling of Works

· Design/Construct

· Early Contractor Involvement

· Alliance partnering

· Relational Partnering

· Expression of Interest followed by shortlisted Competitive Dialogue

Standardised construction contracts with appropriate Special Conditions should be used where possible.

Option 2

Maintaining a traditional approach to the procurement of Construction Services which, in the current environment, may result in the risk of funding withdrawal, project delays or non-delivery of projects reason for the recommendation.

The procurement landscape has changed dramatically in a post COVID-19 environment. The demand for professional services throughout New Zealand will increase exponentially due to the central government Infrastructure Lead Economic Recovery Strategy.

The traditional procurement approach of a formal Supplier Panel or two stage procurement approach will not be agile or flexible enough to secure Professional Services providers in a high demand environment, high velocity environment.

FNDC will be in direct competition with other local government bodies and the private supply market to engage providers in a very constrained and volatile market.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

By continuing the financial delegation to the Chief Executive Officer, it ensures that the processes that have been implemented over the last 3 years continue to be successful and deliver projects for the Far North District and continue to adopt more agile procurement approaches to mitigate supply market risk.

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

All procurements shall have allocated budgets prior to engaging professional services suppliers.

Construction spend will be dependent on central government funding allocation.

Āpitihanga / Attachments

Nil

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low significance
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	FNDC Procurement Policy / Procurement Manual, Financial Delegations Register.
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 issue is of 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.	NA
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).	NA
State the financial implications and where budgetary provisions have been made to support this decision.	All projects will have allocated budgets prior to engaging professional services.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

24 August 2023

6.2 Vehicle Warrant and Registration Enforcement

File Number: A4300463

Author: Rochelle Deane, Manager - Environmental Services

Authoriser: Kevin Johnson, Group Manager - Delivery and Operations

Take Pūrongo / Purpose of the Report

To seek approval to permanently enforce stationary vehicle Warrant of Fitness (WoF) and Vehicle Registration offences across the Far North District.

WhakarĀpopoto matua / Executive Summary

· At the May 2021 Regulatory Compliance Committee Meeting it was approved to trial the enforcement of stationary vehicle Warrant of Fitness (WoF) and Vehicle Registrations offences across the Far North District for a period of 12 months. This trial commenced 1 July 2021.

· Prior to the trial commencing in July 2021 FNDC parking wardens did not enforce this requirement across the district.

· Due to the covid lockdowns in 2021 and Waka Kotahi suspending WoF and Rego till the end of November 2021, the Parking Warden did not start issuing infringement notices until December 2021.

· The Parking Warden noted a significant decrease of vehicles in the Central Business District over 2021/22 due to Covid with more people working from home or just not coming into town up until April 2022.

· To get a clear indication for the requirement of WoF and Vehicle Registration enforcement across the district, it was approved at the September 2022 Regulatory Compliance Committee meeting to extend the trial for a further year to 30 June 2023.

tŪtohunga / Recommendation

That Council approve the permanent enforcement of stationary vehicle Warrant of Fitness (WoF) and Vehicle Registration offences across the Far North District.

1) TĀhuhu kŌrero / Background

It is illegal to operate a vehicle without a valid and visible WoF and Registration unless driving directly to a place where repairs will be conducted. Council Parking Wardens are authorised to enforce these provisions on stationary vehicles.

Government makes the regulations that prescribe the fees for these offences. Council does not have the ability to change the amount. The fine amount is $200 for not displaying or having an outdated WoF/Registration.

Waka Kotahi’s ‘Road to Zero – NZ’s road safety strategy – https://www.transport.govt.nz/assets/Uploads/Report/Road-to-Zero-strategy_final.pdf, sets a target to reduce deaths and serious injuries on New Zealand roads, streets, cycleways, and footpaths by 40 percent over 10 years.

One key focus area under ‘Road to Zero’ is vehicle safety.

It is important that a vehicle always remains safe to drive and can prevent a crash or protect its occupants to reduce the numbers of deaths and injuries on our roads. A warrant of fitness (WoF) is a regular check to ensure that a vehicle meets required safety standards.

On Northland local roads over the past 5 years 24% of Death or Serious Injury crashes (DSI) have been in vehicles with no WoF/CoF. In 2022 the Far North District had 42% of crashes where the vehicle did not have a current WoF/CoF, compared to 26% in Whangarei and 9% in Kaipara (source 2022 Northland DSI Analysis – Attachment A)

Council Parking Wardens can play an important role to ensure that there a fewer unsafe and unregistered vehicles on our roads across the district.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The proposal to implement a trial period for the FNDC parking warden to include expired WoF and Registration compliance into their current monitoring regime, follows the VADE regulatory model of enforcement (Voluntary> Assisted > Directed> Enforced).

Following the VADE regulatory model, initially a lead in awareness and information communications occurred via a council lead communication plan. The compliance focus was on the safety aspect of ensuring vehicles are legal and safe for use on the district’s roads and the consequences of non-compliance to avoid fines.

From 1 July 2021 to 1 September 2021 flyers advertising that FNDC had started to monitor vehicles not displaying a current warrant of fitness and/or current license were distributed in the main towns in the Far North – Kaitāia, Kerikeri, Paihia and Kaikohe.

During the flyer period, the public gave mixed feedback to the trial, with some being outraged believing FNDC were on a revenue gathering exercise in areas of low income, whilst others have thanked Council for the reminder that their vehicles license had expired.

Due to the COVID-19 lockdowns in 2021 and Waka Kotahi suspending WoF and Registration compliance until the end of November 2021, the Parking Warden could not start issuing infringement notices until December 2021. At that time, the focus was on vehicles that were not displaying a current warrant for six months or more. If an infringement was issued, all offenders were given the opportunity to obtain a warrant within 56 days. Evidence of a new warrant was grounds for the infringement to be waived.

Between 1 December 2021 and 30 June 2022 there were 121 infringement notices issued for having no evidence of a current WoF for six months or more. These were issued on the current circuit of the sole Parking Warden and did not include State Highway Delegation areas, e.g., Kaikohe. There was a noticeable increase in unwarranted vehicles in urban areas once the COVID-19 restrictions eased and 90 of these notices were issued in May and June of 2021.

Of the 121 Infringements issued up to 30 June 2022:

· 19 notices were waivered due to the owner complying with updating their WoF.

· 10 infringements were paid.

· 6 notices waivered due to unconfirmed ownership in MOTOCHEK.

· 7 waivered due to an administration error.

· 2 notices returned mail.

The balance was still within the system.

Between 1 July 2022 – 30 June 2023 the focus moved to both WoF and Registration, where infringements were issued for any vehicle not showing current for two months or longer. During this period there has been a total of 576 infringements issued, 328 for WoF offences and 248 for registration offences. Most of these infringements have been issued in Kerikeri. This is due to the Warden spending more time in this area over a normal working week, however many of the infringements are issued to vehicles from surrounding areas.

Where an infringement has been issued, all offenders are given the opportunity to obtain a warrant/registration within 56 days. Evidence of a new warrant/registration is grounds for the infringement to be waived.

Of the 576 Infringements issued, 32% of infringements have been waivered due to owner compliance within the 56 days, 10% paid, 40% uploaded to Ministry of Justice (MoJ), 1% waivered due to administration error, with the remainder still in system.

The options are as follows:

Option 1: Enforce stationary vehicle WoF and registration permanently across the district.

Option 2: Discontinue the trial and discontinue enforcement of WoF and vehicle registration.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Option 1 is the recommended option.

· Ensure safe and legal vehicles are travelling on the district’s roads.

· It is illegal to operate a vehicle without a valid Warrant of Fitness (WoF) and current Vehicle Registration.

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

No financial implications involved in recommendation. Potential increase in revenue from increased infringements. There may be a requirement for additional in-house resources for processing and additional warden if there was an extension of current enforcement areas.

Āpitihanga / Attachments

1. Attachment A 2022 Northland DSI Analysis - A4309674 ⇩

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 – this matter does not meet the criteria/threshold for a matter of significance. It is a legislative requirement.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Local Government Act 2002 FNDC Parking and Traffic Control Bylaw 2010 Land Transport Act 1998 Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011 Land Transport (Offences and Penalties) Regulations 1999 LTP Community Outcomes: Communities that are healthy, safe, connected and sustainable.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	District wide significance
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	No specific implications
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).	District Wide
State the financial implications and where budgetary provisions have been made to support this decision.	No financial budgetary implications regarding decisions. Potential revenue increase from infringements which may require additional council resources to process and enforce.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

24 August 2023

6.3 Road Renaming Request Waa Hoterene Road to Karawhe Road, Matawaia

File Number: A4306264

Author: Eden Ramsay (NTA), Finance and Customer Services Administrator

Authoriser: Cushla Jordan, Asset Manager

Purpose of the Report

To consider a request to rename a road in Matawaia, currently recorded as Waa Hoterene Road, Matawaia.

Executive Summary

Council received a Road Naming application to rename a public road addressed Waa Hoterene Road, Matawaia. Delegation to rename a road currently sits with Council.

Recommendation

That Council agree to rename ‘Waa Hoterene Road’, Matawaia to ‘Karawhe Road’, Matawaia.

1) Background

In 2018 a request was received from Dr Richard Shortland Cooper, on behalf of the Huria Whanau Kotahi Trust, requesting the road name be changed from “James Road” to “Waa Hoterene Road”. As part of this process the applicant explained that the road was previously named “Waa Hoterene Road”, after Dr Cooper’s father. After his father died in the 1960’s, his mother remarried and her new husband changed the road name to “James Road”, which was his last name. The new husband did not have any other links to the area which was given as the reason to request it be changed back.

The suggestions in this application at the time were:

1. Waa Hoterene Road

2. Hoterene Road

3. Peita Waa Hoterene Road

In considering the request the Bay of Islands-Whangaroa Community Board agreed to change the name as requested on 10 December 2018.

When this decision was notified to the public the current applicant Norma (Kui) Croft made contact and raised the following points.

· The 11 residents that live on James Road did not consent to the renaming of the road.

· One of the signatories did not understand what she was signing at the time and thought she was signing a document to agree that she lived on the road, not that the road was to be renamed.

· Waa Hoterene Road is inconvenient when filling out forms.

· The family that applied to have the road name changed to ‘Waa Hoterene Road’, do not live on the road and have limited access to their property.

Norma (Kui) Croft has also requested that Council consider naming the road ‘Karawhe Road’ and has provided evidence of why this name has been chosen and evidence of those living on the road agreeing to the road naming change.

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2) Discussion and Options

Option 1: Approve the request in accordance with the current policy.

The applicants letter provides explanation of why this name is proposed and demonstrates significant history related to the area.

Option 2: Decline the request to rename the road ‘Karawhe Road’.

If Council do not agree with the request in the current application, the request be declined, and the road remain as ‘Waa Hoterene Road’ Matawaia.

Option 3: Leave the request to lie on the table.

If Council felt, there was insufficient information to make a decision it could leave the report to lie on the table while awaiting further detail.

The recommendation of staff in this report is Option 1.

Reason for the recommendation

The proposed name is not a duplicate of an existing road within the district. Land information New Zealand and Northland Transport Alliance staff have no objection to the proposed name. It is a unique name to the district and recognises heritage of the area and meets the requirements of the police and New Zealand Addressing Standards.

3) Financial Implications and Budgetary Provision

There are no financial implications to Council. The costs for road signage and installation will be met by the applicant.

Attachments

1. Endorsement from Matawaia Marae Committee - A4314887 ⇩

2. Waihoroi Hoterene Objection - A4314962 ⇩

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.

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 report 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.	Council’s Road Naming and Property Numbering Policy #2125.
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 local issue. The Bay of Islands-Whangaroa Community Board considered the report and recommended to council to agree to rename ‘Waa Hoterene Road’, ‘Karawhe Road’.
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.	This request has come from a Whanau Trust on the land.
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.	The Roading team have been informed and have no objections.
State the financial implications and where budgetary provisions have been made to support this decision.	Financial implications have been assessed and budgetary provision has been made.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

24 August 2023

6.4 Ground Lease to Paihia Sea Scouts - Te Kemara Avenue Paihia

File Number: A4328925

Author: Michelle Rockell, Team Leader - Property Management

Authoriser: Kevin Johnson, Group Manager - Delivery and Operations

Take Pūrongo / Purpose of the Report

To seek a Council resolution granting a new ground lease, under Section 61 Reserves Act 1977, to Scouts Aotearoa over a portion of Lot 40 DP 43842, 26 Te Kemara Avenue, Paihia.

WhakarĀpopoto matua / Executive Summary

· Paihia Sea Scouts Group (PSSG), operating under the Scouts Aotearoa umbrella, have been established on 26 Te Kemara Ave since 1987.

· In October 2022, Scouts Aotearoa approached Council seeking a new lease.

· The site is classified Local Purpose (community activities) Reserve and the proposed lease is consistent with the reserve purpose.

· The Reserves Act 1977 does not require public consultation on leasing a vested local purpose reserve.

· Ngāti Rahiri and Ngāti Kawa Hapū have been notified by the way of letter sent via email of the proposed lease. Their concerns have been taken into consideration in the new proposed terms.

· The report was presented to the Bay of Islands – Whangaroa Community Board on 31 July 2023 for recommendation.

· The Community Board recommended that the dates of the term should align with the granting of the Te Kura Kōhangahunga Tōpū o Te Tai Tokerau (Northern Kindergarten Association Inc) lease.

tŪtohunga / Recommendation

That Council, acting under delegation and pursuant to Section 61 Reserves Act 1977, grants:

a) a new ground lease to Scouts Aotearoa over the Local Purpose (community activities) Reserve being approximately 238 square metres of Lot 40 DP 43842, held in New Zealand Gazette 2002 page 21 and vested in Far North District Council on deposit DP 43842 as a local purpose reserve.

The terms of the proposed lease shall be:

Term: 3 years with dates aligning with Te Kura Kōhangahunga Tōpū o Te Tai Tokerau Lease.

Rental: As per FNDC Fees and Charges Schedule for a Community lease.

§ $118 plus GST for 2023/24 and reviewed annually in conjunction with the FNDC fees and Charges Schedule.

b) with further conditions negotiated and agreed upon by the Group Manager Delivery and Operations and Scouts Aotearoa.

1) TĀhuhu kŌrero / Background

.Council passed the following resolution on the 29th June 2023 to grant a 3 year lease to the Paihia Waitangi Kindergarten who share part of 26 Te Kemara Avenue. The recommendation for this report is based on that resolution:

Te Kemara Local Purpose (Community Facilities) Reserve is vested in Council and has been occupied by Paihia Sea Scouts Group (PSSG), operating under the Scouts Aotearoa umbrella, since 1987.

In October 2022, Council received a request from Scouts Aotearoa for a new lease over the site so the PSSG can continue to provide their services. Various requests for background information to support this request delayed the report being presented.

PSSG occupy the site in conjunction with Paihia Waitangi Kindergarten, who together share maintenance of the common carpark and accessway.

The Scouts Aotearoa movement was established in Aotearoa in 1908 and PSSG was registered on 19 March 1965. Their programmes focus on three core areas: personal development, adventure and community engagement. Their purpose is to empower young people from ages 5 to 26 to lead lives that make a positive difference, both to themselves and their community.

PSSG is a well-established group with 58 years of service to the local community, providing young people with the ability to foster development in physical, emotional, spiritual and mental aspects through the provision of safe and nurturing environments. The longevity of the scout group at this site reinforces the valuable service PSSG provides to the community of Bay of Islands.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Though public notice is not a requirement for this site as Local Purpose Reserve, due to the location Ngāti Rahiri and Ngāti Kawa Hapū have been notified of the proposed lease via letter. A response was received via email on 27^th February 2023:

· Ngāti Rahiri and Ngāti Kawa Hapū are opposed to the lease renewal.

· Ngāti Rahiri and Ngāti Kawa Hapū received a statement from the Waitangi Tribunal that states “…all land owned by the Crown within the inquiry district to be returned to Te Raki Māori (Ngapuhi) ownership.” This includes 26 Te Kemara Avenue, Paihia.

· Ngāti Rahiri and Ngāti Kawa Hapū have suggested flexibility in a new lease to Paihia Sea Scouts, including reduced terms, financial assistance to the Scouts and assistance in relocating.

· Ngāti Rahiri and Ngāti Kawa Hapū wish to work together with Council and the Paihia Sea Scouts for ease of transition.

These considerations have been considered and reflected in the proposed term of 3 years. This proposed term will allow for future discussions of use to be held between Ngāti Rahiri and Ngāti Kawa Hapū and PSSG. The engagement letter presented to the Hapū is attached.

The options available for this site are:

Option 1 (Recommended):

a) that Council grants a new ground lease be issued to Scouts Aotearoa over the Local Purpose (community activities) Reserve being approximately 238 square metres of Lot 40 DP 43842, held in New Zealand Gazette 2002 page 21 and vested in Far North District Council on deposit DP 43842 as a local purpose reserve.

The terms of the proposed lease shall be:

Term: 3 years with dates aligning with Te Kura Kōhangahunga Tōpū o Te Tai Tokerau Lease.

Rental: As per FNDC Fees and Charges Schedule for a Community lease.

$118 plus GST for 2023/24 and reviewed annually in conjunction with the FNDC fees and Charges Schedule.

b) with further conditions negotiated and agreed upon by the Group Manager Delivery and Operations and Scouts Aotearoa.

This recommendation will allow PSSG to continue providing their service to the community whilst discussions occur with Ngāti Rahiri and Ngāti Kawa Hapū.

Option 2:

a) That Council grants a new ground lease be issued to Scouts Aotearoa over the Local Purpose (community activities) Reserve being approximately 238 square metres of Lot 40 DP 43842, held in New Zealand Gazette 2002 page 21 and vested in Far North District Council on deposit DP 43842 as a local purpose reserve.

The terms of the proposed lease shall be:

Term: 12 (3+3+3+3) years.

Rental: As per FNDC Fees and Charges Schedule for a Community lease.

$118 plus GST for 2023/24 and reviewed annually in conjunction with the FNDC fees and Charges Schedule.

b) With further conditions negotiated and agreed upon by the Group Manager Delivery and Operations and Scouts Aotearoa.

Option 3:

a) Decline Scouts Aotearoa request for a new lease.

b) Ask Scouts Aotearoa to remove the existing building and associated assets from the reserve and reinstate the recreation reserve at their cost.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

PSSG operating under the Scouts Aotearoa umbrella provide a beneficial service to the community and requiring them to vacate the land will be detrimental to the whānau and tamariki of the area.

Public Notice is not a statutory requirement under Reserves Act for the leasing of a Local Purpose Reserve and therefore does not form part of the proposed recommendation.

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

The lease will provide for the lessee to continue to be responsible for all ongoing maintenance of the associated green space and half share in the maintenance of the accessway and parking area with the Paihia Waitangi Kindergarten.

The lease will provide for the lessee to be responsible for the payment of all utility charges, rates and insurances.

Should a lease not be provided to Scouts Aotearoa and the land reinstated to reserve, Council will become responsible for any ongoing maintenance of the site, placing more pressure on the Reserves and Maintenance budget.

Āpitihanga / Attachments

Nil

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low significance. The Scouts group is an established community asset
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	FNDC Parks and Reserves Policy 2022: The Policy supports a long-term lease being offered to community orientated groups wanting a permanent base, requiring significant financial investment.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Delegation to the Council in respect of applications for the use and/or lease of reserves not contemplated by an existing reserve management plan.
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.	Far North District Council recognises the significant role of tangata whenua as set out in the Working with Māori chapter in the Long-Term Plan 2021-2031. Te Hono was approached to provide advice on who the main contacts were in the first instance. A letter was sent via email to Ngāti Rahiri and Ngāti Kawa Hapū i Kawa Hapū to inform them of requested lease. Ngāti Rahiri and Ngāti Kawa Hapū response was received, and their concerns have been taken into consideration. The FNDC Parks & Reserves Policy provides for 15+15-year leases; however, FNDC has considered the hapu response and supports their request for a shorter-term lease and recommends a 3 year lease. See attached response from the Hapu.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	The Paihia Waitangi Kindergarten have been informed of the proposed new lease to PSSG. The Reserves Act 1977 does not require Council to initiate public notice for leases over Local Purpose reserves.
State the financial implications and where budgetary provisions have been made to support this decision.	All upgrade and maintenance costs fall to the lessee. The FNDC Fees and Charges Policy sets out the rental for leases over reserved land.
Chief Financial Officer review.	This report has been reviewed by the CFO

Ordinary Council Meeting Agenda

24 August 2023

6.5 Rangitoto Reserve, Mangonui

File Number: A4299406

Author: Robin Rawson, Parks & Reserves Planner

Authoriser: Esther Powell, Group Manager - Planning & Policy (Acting)

TAKE PŪRONGO / Purpose of the Report

To seek the approval of Council to initiate public consultation under Section 16 of the Reserves Act for the classification of Rangitoto Reserve (Allot 71 PSH of Mangonui East) as historic reserve.

WHAKARĀPOPOTO MATUA / Executive SummarY

· Rangitoto Reserve extends across a prominent headland at the eastern entrance to the Mangonui Harbour and includes Rangitoto Pā.

· The reserve was derived from the Crown and vested with the Far North District Council for the purposes of a recreation reserve but has not been classified.

· Recommendations from Ngāti Kahu hapu and New Zealand Heritage Pouhere Taonga are to classify the land as historic reserve.

· On 4 July 2023 Te Hiku Community Board resolved to recommend to Council that the classification process for Rangitoto Reserve be initiated.

TŪTOHUNGA / Recommendation

That Council:

a) approve the initiation of a public consultation process under Section 16 of the Reserves Act 1977 to classify Rangitoto Reserve (Allot 71 PSH of Mangonui East) as a Historic Reserve.

b) appoint Te Hiku Community Board to hear any submissions received in response to the consultation process and to make recommendations to the Council in respect of the reserve classification.

1) tĀHUHU KŌRERO / Background

Rangitoto Reserve contains Rangitoto Pā and is located on the prominent headland at the eastern entrance to Mangonui Harbour.

The original Māori alienation details for Rangitoto Reserve and surrounding area is complicated and includes land in the vicinity sold to European purchasers prior to the signing of the Treaty of Waitangi. In 1878 Rangitoto Reserve was reserved by the Crown for the purposes of public defence, and in 1962 it was vested in trust in the Mangonui County Council as a reserve for recreation purposes, with this vesting transferred to Far North District Council in 1989. The intended purpose of the reserve was never confirmed by classification under the Reserves Act.

Council is a reserve administering body under the Reserves Act 1977 and is responsible for managing the reserves under its control and for ensuring the classification of each reserve is consistent with the purpose of the reserve. Under Section 16(4) of the Reserves Act, Council is required to publicly notify a proposed reserve classification so that people have an opportunity to make submissions in writing. If, having considered the submissions, a Council decision is made to proceed with the proposal, the classification will be notified in the NZ Gazette.

The Reserves Act provides seven possible classifications for reserves. Local Authority reserves are almost always classified as one of the following four: Recreation, Historic, Scenic, and Local Purpose.

At a Community Board meeting on 4 July 2023 Te Hiku Community Board supported the proposed classification and resolved as follows:

That the Te Hiku Community Board recommend to Council that the classification process for Rangitoto Reserve (Allot 71 PSH of Mangonui East) as a historic reserve be initiated.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Consultation

Council’s Te Hono team provided contact details for individuals, iwi and hapu with potential interests in this area. In February and March 2023 Staff contacted representatives from Ngāti Kahu including the Tumuaki of Te Rūnanga o Whaingaroa, the General Manager of Kahu Kuraariki Trust, the Secretary of Te Paatu ki Kauhanga Trust, and other people understood to have an interest in this area.

The Ngāti Kahu ki Whangaroa deed of settlement extends over the Hihi area. A representative of Te Runanga o Whaingaroa was initially agreed to be the main contact for consultation. Staff visited Rangitoto Reserve in May with the representative and the Northland Area Archaeologist from Heritage New Zealand Pouhere Taonga.

Representatives from Ngāti Ruaiti from Waitetoki (Waiaua) Marae later requested a separate voice in consultation and visited the site with Staff. It is expected that two separate cultural reports will be prepared by Mana Whenua representatives.

Public consultation on the proposed classification will be initiated further to approval from Council.

Classification

Section 18(1) of the Reserves Act records that historic reserves are “for the purpose of protecting and preserving in perpetuity such places, objects, and natural features, and such things thereon or therein contained as are of historic, archaeological, cultural, educational, and other special interest”.

Rangitoto Pā covers most of the area of the Reserve. Classification as a historic reserve under Section 18 reflects the primary values of this site and is consistent with the Reserves Act 1977.

Classification of Rangitoto Reserves as Historic Reserve pursuant to Section 18 of the Reserves Act is fully supported by iwi and hapu with an interest in this area and Heritage New Zealand Pouhere Taonga. Classification as an Historic Reserve better reflects the cultural significance of Rangitoto Pā and its importance to Mana Whenua derived through whakapapa.

James Robinson, Northland Regional Archaeologist with Heritage New Zealand Pouhere Taonga provided the following statement:

Heritage New Zealand’s view is that this is an import(ant) and impressive large named pa with traditional importance to Ngati Kahu. As such we would support the aim to change the reserve designation from ‘scenic/recreation’ to ‘historic’ as the historic values should take precedence

The classification process as set out in Section 16 of the Act requires the Council to; undertake Mana Whenua engagement, give public notice for a month specifying the classification proposed, and to give full consideration to all objections against and submissions in relation to the proposal. The Council may then decide to pass a resolution confirming the proposal and finally register the classification by way of notice in the New Zealand Gazette.

Rangitoto Reserve is currently vested as a Recreation Reserve, however this classification does not correctly represent the primary values of the site which relate to the importance of Rangitoto Pā. Rangitoto Pā covers most of the area of the Reserve, and classification as a historic reserve is consistent with the Reserves Act 1977.

Reserve Management Plan

The Reserve does not have a Reserve Management Plan and the history and management objectives have not been determined, and the Reserve is in an overgrown state. The Act requires that a reserve be classified prior to approving a Reserve Management Plan.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Iwi and hapu with an interest in this area and New Zealand Heritage Pouhere Taonga recommend that the reserve is classified as a historic reserve, and this is supported by Council staff.

Public consultation will allow for further consideration of the appropriateness of this classification.

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

Classification and preparation of Reserve Management Plans are requirements of the Reserves Act for reserve administering bodies, and the costs of classification and developing the RMP will be met from existing operating budgets.

Āpitihanga / Attachments

Nil

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	The classification of Rangitoto reserve as a historic reserve will assist in avoiding risk by ensuring that future management retains the historic and cultural importance of Rangitoto Pā.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The classification of the Reserve and preparation of a reserve management plan are consistent with Council’s Parks and Reserves Policy 2022, the Reserves Act 1977, and with Council’s mission and values.
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.	Te Hiku Community Board approved the proposed consultation for reclassification in July 2023.
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.	Classifying the land as an historic reserve better reflects the cultural significance of Rangitoto Pā and its importance to Mana Whenua derived through whakapapa. The reserve management plan will align with the principles of Parts 2 and 6 of the Local Government Act 2002 and Reserves Act 1977 by facilitating participation of and engagement with Māori in its development.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	Council’s Te Hono team provided assistance with consultation with Mana Whenua. Other advance consultation included Heritage New Zealand Pouhere Taonga and an adjoining landowner. The Reserves Act requires advertised public consultation.
State the financial implications and where budgetary provisions have been made to support this decision.	The costs of classification and developing the RMP will be met from existing operating budgets.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

24 August 2023

6.6 Initiation of Public Consultation for Ground Lease to Hokianga Bowling Club over 61 Clendon Esplanade, Rawene

File Number: A4330060

Author: Michelle Rockell, Team Leader - Property Management

Authoriser: Kevin Johnson, Group Manager - Delivery and Operations

Take Pūrongo / Purpose of the Report

To seek Council resolution to initiate public notice on the granting of a new ground lease over recreation reserve, under Sections 54 of the Reserves Act 1977 for 61 Clendon Esplanade, Rawene, to Hokianga Bowling Club Incorporated (HBC).

WhakarĀpopoto matua / Executive Summary

· Hokianga Bowling Club Incorporated (HBC) have been operating a bowling club from the reserve since 1998.

· Their lease dated 1^st April 1998 held a term of 10 years, with a renewal term of a further 9 years. The final expiry date was 1^st April 2017.

· HBC are currently occupying and operating from the site and continue to pay an ongoing rental fee.

· HBC have approached Council staff and requested a new ground lease.

· There is no existing Reserve Management Plan for this site.

· The Reserves Act 1977 requires public consultation on the issuing of a lease over a Recreation Reserve when no Reserve management plan is in place.

· This report was presented to the Kaikohe – Hokianga Community Board on 2^nd August 2023 who proceeded with the below recommendation.

tŪtohunga / Recommendation

That Council:

a) commence public notice as required by the Reserves Act 1977 on the granting of a new ground lease to Hokianga Bowling Club Incorporated, over approximately 2700.9m2 of land being Sections 153, 157 and 158 TN OF Rawene, located at 61 Clendon Esplanade, Rawene and vested in Far North District Council as recreation reserve.

The terms of the proposed lease shall be:

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

Rental: As per FNDC Fees and Charges Schedule for a Community lease.

$118 plus GST for 2023/24 and reviewed annually in conjunction with the FNDC fees and Charges Schedule.

b) appoint the Kaikohe – Hokianga Community Board to hear any submissions received in response to the public notice and to make recommendations to Council.

1) TĀhuhu kŌrero / Background

Hokianga Bowling Club Incorporated (HBC) have occupied Allotments 153, 157 and 158 of Clendon Esplanade since the granting of their initial lease in 1998.

HBC approached Council in July 2022 to seek funding to build a shed. At that time, staff became aware that their lease expired in 2017 and was on holding over terms. HBC wish to apply for a new lease to continue to provide the community with a community bowling club.

HBC is a well-established community club that serves over 40 Hokianga community members. They hold twilight bowls games every week for 5 months of the year and 6-7 tournaments that are open to different bowls clubs from all of Northland.

The club room has also been used to hold team building events for Hokianga Treks 4 Kids, the Rawene Primary School and Rawene ambulance.

The building was built 115 years ago when the site was vested as Recreation Reserve for soldiers returning from the war. In 1925, the site became a bowling club that has continued to provide entertainment to Rawene and the wider Hokianga community.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

As per the Reserves Act 1977 section 54, public notice is required on the granting of a lease over recreation reserve.

Public Notification

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

The options available for this site are:

Option 1: Recommended

a) Commences public notice as required by the Reserves Act 1977 on the granting of a new ground lease to Hokianga Bowling Club Incorporated, over approximately 2700.9m2 of land being Sections 153, 157 and 158 TN OF Rawene, located at 61 Clendon Esplanade, Rawene and vested in Far North District Council as recreation reserve.

The terms of the proposed lease shall be:

· Term: 15 years (5+5+5) – allowed for under the Reserves Act 1977

· Rental: As per FNDC Fees and Charges Schedule for a Community lease.

- $118 plus GST for 2023/24 and reviewed annually in conjunction with the FNDC fees and Charges Schedule.

b) appoint Kaikohe – Hokianga Community Board to hear any submissions received in response to the public notice and to make recommendations to Council.

Option 1 will allow HBC to continue to provide their service to the community.

Option 2:

a. Decline HBC request for a new lease

b. ask HBC to remove the existing building and associated assets from the reserve and reinstate the recreation reserve at their cost.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

As per the FNDC Parks and Reserves Policy 2022, Council will grant exclusive leases to part or all of a reserve for a maximum term of 15 years with a further right of renewal for 15 years if it deems such terms to be appropriate. Proposing a term of 15 years (5+5+5) provides security of tenure for the HBC, ensures more regular check in’s and flexibility for both parties.

Public Notice is a statutory requirement under Reserves Act for the leasing of a Recreation Reserve and will enable Council to assess the community’s engagement with the HBC proposal. The HBC believe that the space and current activity will continue to provide value to the Rawene community.

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

There will be no financial implications to Council if a lease to HBC is granted. If the request is declined, Council will become responsible for the ongoing maintenance of the reserve. Adding another reserve to the maintenance plan would add extra pressure on staff and contractors.

Āpitihanga / Attachments

Nil

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Medium – involvement from the Community Board is required to make a decision on the initiation of public consultation
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	FNDC Reserves Policy 2022: The Policy supports a long-term lease being offered to community orientated groups wanting a permanent base. The Reserves Act 1977: Section 119 and 120 require that public consultation be initiated prior to the granting of a lease.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Delegation to Council in respect of applications for the use and/or lease of reserves not contemplated by an existing reserve management plan
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.	Far North District Council recognises the significant role of tangata whenua as set out in the Working with Māori chapter in the Long-Term Plan 2021-2031. It is important to notify iwi/hapū in the Rawene locality of the lease proposal prior to the public consultation. Te Hono was approached to provide advice on who the main contacts were in the first instance. A letter (attachment A) was sent via email to Ngati Hau & Ngati Kaharau to inform them of the requested lease. At the time of writing this report a response has not been received. When this lease goes for public consultation, the information will be redistributed to Ngati Hau & Ngati Kaharau to inform them that if they have feedback they can provide through the public consultation process
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	Public consultation and Iwi consultation will be progressed as per the Reserves Act 1977 and the FNDC Engagement Policy. This will allow us to identify any people or groups who may be affected or have interest in the matter.
State the financial implications and where budgetary provisions have been made to support this decision.	All upgrade and maintenance costs fall to the lessee. The appropriate community rent for the land is set by the FNDC Fees Charges Policy.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

24 August 2023

6.7 Council Submission on the National Policy Statements for Renewable Electricity Generation and Electricity Transmission

File Number: A4256471

Author: Andrew McPhee, Principal Policy Planner

Authoriser: Roger Ackers, Group Manager - Planning & Policy

TAKE PŪRONGO / Purpose of the Report

The purpose of the report is to inform Council of the submission submitted by the Far North District Council (Council) on the National Policy Statements for Renewable Electricity Generation and Electricity Transmission.

WHAKARĀPOPOTO MATUA / Executive SummarY

Central Government is in the process of strengthening national direction on renewable electricity generation and electricity transmission, seeing it as the most effective way to improve consenting under the Resource Management Act 1991 (RMA).

Changes are proposed to the National Policy Statements for Renewable Electricity Generation (NPS-REG) and Electricity Transmission (NPS-ET) this year with respective National Environmental Standards programmed for release next year. This suite of documents will contribute to Governments net zero carbon emissions target by 2050 and set a target that 50% of total energy consumption will come from renewable sources by 2035.

Councils’ submission on the NPS-REG and NPS-ET was lodged on Tuesday 6 June 2023.

TŪTOHUNGA / Recommendation

That Council receive the report Council Submission on the National Policy Statements for Renewable Electricity Generation and Electricity Transmission.

tĀHUHU KŌRERO / Background

In April 2023, the Ministry of Business, Innovation & Employment (MBIE) released a consultation document entitled ‘Strengthening national direction on renewable electricity generation and electricity transmission’. The document sought feedback on changes to a package of national direction tools to enable New Zealand to meet government targets for increasing renewable electricity generation and reducing greenhouse gas emissions from use of non-renewable sources.

A presentation was held by MBIE in the beginning of May talking to the consultation document and answering questions in relation to it. Following the presentation, a draft submission was prepared by a Council officer and circulated to the following for approval on May 29^th, 2023:

· Reforms Portfolio Holders (Cr Foy and Cr Halkyard-Harawira)

· The Mayor; and

· The CEO

The timing required to lodge the submission meant approval could not be obtained through Council. The submission was prepared inhouse by a Council officer and was lodged on Tuesday 6^th June 2023 when approval was obtained, five days after submissions officially closed at 5pm 1^st June 2023.

Latter correspondence with MBIE by a Council officer confirmed the submission will be accepted.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

The changes to the NPS-REG and NPS-ET were supported in the Council submission, as were the reasons identified for those changes, including Governments target that 50% of total energy consumption will come from renewable sources by 2035 and the aspirational target of 100% renewable electricity generation by 2030.

The submission identified that the Far North was already significantly contributing to Governments goals/targets and stated that:

· The Ngāwhā Geothermal Power Station (Ngāwhā) capacity has reached a total of 57 Mega Watts and will supply all the Far North's electricity demand for 97% of the year.

· Excess power from Ngāwhā is exported from the power station to the rest of Northland through the National Grid.

· Several large solar farms have obtained consent over recent years in the Far North, which when realised will further contribute to the Governments carbon emission goals.

The submission made some general comments on the content of the national policy statements for MBIE to consider, including:

· The terminology used throughout both documents where there appears to be a failure to recognise the interpretation of ‘avoid’ through King Salmon, in particular through the ‘effects management hierarchy’.

· Being more explicit in terms of the caveat identified for the New Zealand Coastal Policy Statement taking precedent over these national policy statements.

· Clarification of the term ‘areas with natural character in the coastal environment’, and whether the intent is to capture the entire coastal environment or just areas of high and outstanding natural character.

· Clarification for the definition of ‘community-scale REG’. As drafted it precludes an independent entity from establishing, owning and managing the REG asset. Thus, presenting potential difficulties for community-scale REG to be developed.

· Monitoring and enforcement of Policy 8 in the NPS-REG, which is concerned with the loss of renewable electricity generation output from a region or district.

· Clarifying the intention of the NPS-ET, which currently excludes most of the Far North District from the content of the National Policy Statement. As drafted, to be considered part of the ‘electricity transmission network’ the transmission assets need to be owned by Transpower New Zealand Limited.

· Clarifying the intent of section 3.10 in the NPS-ET, which by proxy is asking district plans to make certain activities prohibited. Establishing an activity/activities as prohibited is a high bar to justify within a district plan, it would be helpful therefore for the NPS-ET to be more explicit to enable district plans to do this.

MBIE is aiming to align the gazettal of these national policy statements with the resource management reforms this year. Complimentary National Environmental Standards for Renewable Electricity Generation and Electricity Transmission are scheduled for release in 2024.

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

There are no financial implications for Council contributing by way of further feedback to MfE on the NBA. The preparation of the submission was absorbed within existing budgets.

Āpitihanga / Attachments

1. FNDC Submission on the NPS-REG and NPS-ET - A4241694 ⇩

Ordinary Council Meeting Agenda

24 August 2023

6.8 Committee Recommendations and Resolutions - August 2023

File Number: A4345733

Author: Casey Gannon, Manager - Democracy Services

Authoriser: Jacine Warmington, Group Manager - Strategic Relationships

TAKE PŪRONGO / Purpose of the Report

· To increase governance oversight of Committee business/discussions.

· Communicate resolutions of Committee meetings.

· Escalate Committee recommendations to Council.

WHAKARĀPOPOTO MATUA / Executive SummarY

· The following Committee meetings have been held since the last ordinary Council meeting.

o 8 August 2023 – Te Kuaka – Te Ao Māori Committee

o 9 August 2023 – Te Miromiro – Assurance, Risk and Finance Committee

· At the Extraordinary Council Meeting 14 August 2023 – Te Koukou – Transport Committee Terms of Reference and Meeting dates confirmed.

· Copies of the Committee meeting minutes are attached for information.

· Links to the agendas containing the reports that formed the basis of the recommendations below are included in this report.

· The Te Kuaka Committee - Te Ao Māori Committee make the following recommendations to Council.

TŪTOHUNGA / Recommendation

That Council :

Item 4.2 - Proposed District Plan Hearing Process and Hearing Panel

a) approve of the updated list of approved Independent Commissioners (Attachment 1 - Commissioners with ‘Making good decisions’ certification – July 2023).

b) rescind part of the 11 February 2010 delegation 10.2 Hearing Delegations for District Plan Changes “And that Councillors will be appointed to the hearing panel for Council initiated plan changes by Council;” and replace with “And that Councillors may be appointed to the hearing panel for Council initiated plan changes by Council”.

c) rescind part of the 5 September 2022 delegation 5.2 Expressions of Interest for Independent Hearings Commissioners “d) make recommendations on public and private plan changes; and” and replace with “d) hear and determine or make recommendations on public and private plan changes; and”.

d) confirm a Proposed District Plan hearing panel of five panel members, including two with chairing endorsement and one with skills and expertise in matters relating to Te Tiriti O Waitangi/Treaty of Waitangi, Kaupapa Māori and Matauranga Māori.

Item 5.2 - Ahipara Iwi/Hapu Environmental Management Plan (IHEMP)

a) support the Ahipara Takiwā Environmental Management Plan.

Item 5.3 - Ngati Hine Iwi/Hapu Environmental Management Plan (IHEMP)

a) support the Ngāti Hine Environmental Management Plan.

tĀHUHU KŌRERO / Background

This is a regular report to provide greater governance oversight of discussions that occur at Committee meetings and to avoid duplication of reading for Councillors for decisions that are recommended to them, from each Committee meeting.

Copies of Committee meeting minutes that have occurred since the last ordinary Council meeting are attached for information.

From time to time, Committee’s discuss items that are outside their delegations. This report, when necessary, will highlight recommendations from each Committee to Council for decision.

Information about Council, Committee or Community Board meetings is publicly available at https://infocouncil.fndc.govt.nz/

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Since the last Council meeting the following Committee meetings have occurred:

8 August 2023 – Te Kuaka – Te Ao Māori Committee

Agenda of Ordinary Te Kuaka - Te Ao Māori Committee Meeting - Tuesday, 8 August 2023 (fndc.govt.nz)

Item 4.2 - Proposed District Plan Hearing Process and Hearing Panel

a) approve of the updated list of approved Independent Commissioners (Attachment 1 - Commissioners with ‘Making good decisions’ certification – July 2023).

d) confirm a Proposed District Plan hearing panel of five panel members, including two with chairing endorsement and one with skills and expertise in matters relating to Te Tiriti O Waitangi/Treaty of Waitangi, Kaupapa Māori and Matauranga Māori.

Item 5.2 - Ahipara Iwi/Hapu Environmental Management Plan (IHEMP)

a) support the Ahipara Takiwā Environmental Management Plan.

Item 5.3 - Ngati Hine Iwi/Hapu Environmental Management Plan (IHEMP)

a) support the Ngāti Hine Environmental Management Plan.

*Please note the Public Excluded agenda item for the 8 August Te Kuaka – Te Ao Māori Committee was escalated to the Extraordinary Council Meeting 14 August 2023.

9 August 2023 – Te Miromiro – Assurance, Risk and Finance Committee

Agenda of Te Miromiro - Assurance, Risk and Finance Committee Meeting - Wednesday, 9 August 2023 (fndc.govt.nz)

Te Miromiro - Assurance, Risk and Finance Committee made no recommendations to Council.

*Please note the Public Excluded agenda items for 9 August 2023 – Te Miromiro – Assurance, Risk and Finance Committee decisions for reinstatement are noted on the minutes attached.

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

This report does not intend to repeat the financial implications, options or decision-making requirements for the recommendations listed. Please review the agendas via the provided links for further information.

Āpitihanga / Attachments

1. 2023-08-08 Te Kuaka Te Ao Māori Committee Minutes - A4330402 ⇩

2. 2023-08-09 Te Miromiro - Assurance, Risk and Finance Committee Minutes - A4331649 ⇩

Ordinary Council Meeting Agenda

24 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 - Contract 7/21/185 Lighting Maintenance and Renewals Contract Extension	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
8.3 - Kerikeri Waste Water Treatment Plant – Funding Request for Easement	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)(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 - 11 Matthews Ave, Kaitaia	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
8.5 - Chief Executive Officer Appointment	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)(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