Agenda of Ordinary Council Meeting - Thursday, 21 September 2023

21 September 2023

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

5.1 Confirmation of Previous Minutes

File Number: A4372973

Author: Marlema Baker, Democracy Advisor

Authoriser: Casey Gannon, 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 24 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 24 August 2023 - A4353260 ⇩

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

21 September 2023

6 Ngā Pūrongo / Reports

6.1 Carry Forwards for Capital Programme 2022-23

File Number: A4358908

Author: Angie Thomas, Team Leader - Accounting Services

Authoriser: Jonathan Slavich, Chief Financial Officer

Take Pūrongo / Purpose of the Report

The purpose of the report is to identify the projects that Project Managers are requesting be carried forward to the 2023-24 financial year. The projects are identified individually and a summary by activity including funding requirements is also included.

WhakarĀpopoto matua / Executive Summary

· Like many other businesses, Far North District Council encountered delays due increased inflationary pressure and resource delays during 2022/23. The many weather events during the past year have also impacted delivery, particularly in Roading.

· This impacted on the ability to deliver projects in some areas and as a result a significant proportion of the capital works budget was re-assessed and moved into the 2023/24 Annual Plan.

· The 2022/23 capital works budget contained work that was being funded externally and some of that work is yet to complete.

· Of the projects that remained in the 2022/23 capital programme, a number are yet to complete and for that reason, the budget now needs to be considered for carry forward to 2023/24.

The total sum to be carried forward within the report is $51,583,548 of which $8,495,694 relates to externally funded work, $24,824,406 relates to Roading and $2,365,309 relates to footpath work that is delivered by the Northland Transport Alliance (NTA) and also impacted by the weather events.

· The remaining carry forwards total is $15,895,139

tŪtohunga / Recommendation

That the Council approve the capital budgets identified in the report “Carry Forwards for Capital Programme 2022-23” totalling $51,583,548 be carried forward to the 2023-24 financial year.

1) TĀhuhu kŌrero / Background

At 30 June 2023, a number of capital projects had not been started or completed due to a number of reasons.

The capital works overall position for the 2022-23 year (including carry forwards from 2021-22) was:

	$m	% of total budget
Capital Budget 2022-23 - LTP	130.0
Opex Rolling Over Including Roading	1.9
Carry Forwards 2021-22	44.1
Total budget for projects	175.9
Budget Moved to 2023-24 AP, Outer Years or Cancelled	(55.4)	31.47%
Actual expenditure	(69.0)	39.21%
Balance to carry forward	51.6	29.32%

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The carry forward projects are by each of the following activities:

	$	% of total C/Fwd
Corporate Services	$1,764,389	3.42%
Community Services	$14,730,002	28.56%
Stormwater	$916,746	1.78%
Investments	$1,000,000	1.94%
Refuse	$571,827	1.11%
Water	$3,625,555	7.03%
Wastewater	$4,030,183	7.81%
Roading	$24,827,406	48.13%
Customer Services	$117,981	0.23%

And funded as follows:

Loan funding	$20,936,571	41%
Renewal funding	$8,811,504	17%
Subsidy/external funding	$19,168,505	37%
Reserves	$2,666,968	5%

It should be noted that 69.18% of the requested carry forward sum relates to projects that are funded by external support, roading, or footpath work that is delivered by the NTA and also impacted by the weather events. Carry forwards not linked to these total $15,895,139, or the remaining 30.52%. Of this sum the more material areas in Community and Corporate Services are:

1. $452k for GIS upgrade, aerial imagery and LIDAR - delays due to bad weather and not securing a new fly over for updated aerial imagery

2. $77k for pool vehicles replacement - vehicles are on order but delivery has been delayed by supplier

3. $127k for Council Chambers and Meeting Room Audio Visual Upgrade Project - orders have been placed and work due to commence once equipment received

4. $397k for Kerikeri Sports Complex - Contract is awarded and funds committed to Keriland Earthworks for Car Park Improvements at the Sports Complex - Programme was delayed to allow Winter sports to be completed

5. $138k for Unahi Wharf with project now in progress with funds fully committed

6. $300k for Jaycee Park/Centennial Park, with a redesign in progress for the skate park

7. $341k for Kaitaia - North Park Toilets - Project committed, and now the finalising lease with Gull

8. $245k for Mill Bay jetty renewal, contract now been awarded with jetty replacement to be complete in early 2024

9. $514k for New Maritime Recreation projects with carry forward for West, East and North projects with Boat ramps, trailer park development and pontoon upgrades

10. $163k for Parks & Reserves - District Wide Playground Shade sails - Shade sails Stage 1 is 90% completed, just sail at Memorial Park to go up. Savings will go towards Stage 2.

Take Tūtohunga / Reason for the recommendation

To enable the capital projects identified to be completed.

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

The budgets identified in the attached report would be in addition to those adopted in the 2023-24 year of the Annual Plan. Overall funding limits will not be exceeded as these projects have been included as completed in the opening balances of 2022/23.

Attachments

1. Carry Forwards for Capital Programme 2022-23 Detail FINAL - A4365345 ⇩

2. Carry Forwards for Capital Programme 2022-23 Summary FINAL - A4365344 ⇩

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	Low.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	None.
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.	There are no implications for Community Boards.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	There are no special implications for Māori.
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.	N/A
State the financial implications and where budgetary provisions have been made to support this decision.	This is to seek approval to carry forward 2022/23 incomplete project budgets.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

21 September 2023

6.2 Kaikohe WWTP Working Group - Recommendation for Upgrade

File Number: A4364238

Author: Ben Bowden, Design Engineer - FNW

Authoriser: Andy Finch, District Engineer

Take Pūrongo / Purpose of the Report

To seek approval regarding the recommendation of the Kaikohe Wastewater Treatment Plant (WWTP) working group for an upgrade of the Wastewater Treatment Plan (WWTP).

WhakarĀpopoto matua / Executive Summary

· Resource consent authorising the discharge of treated wastewater from the Kaikohe WWTP into the Wairoro Stream expired in 2021. An application to renew that consent was lodged prior to the expiry date. A requested for the application to be put on hold was made to enable engagement with iwi/hapū.

· Iwi/hapū engagement has been undertaken via a working group formed with representatives of Ngā Hapū o Kaikohekohe in accordance with a Terms of Reference (TOR) signed on 02 June 2022.

· Commitments of the TOR included fully investigating options for achieving a land-based discharge of treated wastewater and identifying the Best Practicable Option (BPO) for the upgrade of the Kaikohe WWTP.

· The Proposed Regional Plan for Northland has a policy D.4.3 which requires that any application to discharge wastewater to water will generally not be granted unless a discharge to land has been considered and found not to be environmentally, economically, or practicably viable. Therefore, this will need to be answered for the discharge consent to be progressed.

· Potential sites for discharge to land (DtL) were identified and a preferred site was taken forward for onsite investigations and a concept design. Investigations found that due to limitations of the soils onsite, this option would only be able to accept 40 – 60% of the flows from the Kaikohe WWTP. This information, along with an estimated cost of $24.86M, led the working group to reject this site, further investigations are required to find a suitable and acceptable site.

· The working group considered a long list of options for upgrading the Kaikohe WWTP. Overtime these options were refined to a shortlist from which the preferred option of a Membrane Bioreactor (MBR) was decided on. This decision is documented in the meeting minutes as per attachment 1.

· An elected member workshop has been set for the 12^th September. This is to inform Councillors of the process and recommendations of the Kaikohe WWTP working group in preparation for this report to council.

· Due to the value and timing of construction for the recommended upgrade, notification of this significant decision was submitted to the National Transition Unit – Water Services Reform Programme. Their decision to accept the project has been included in the Asset Management Plan (AMP) for Wai Tamaki ki Te Hiku.

· If there is an interruption to the transfer of 3 waters services from local government then budgetary provision needs to be included in the LTP24-34 process to enable the construction of the recommended option.

tŪtohunga / Recommendation

That Council:

a) approve the Kaikohe Wastewater Treatment Plant working group’s recommendation of a Membrane Bioreactor to the Kaikohe Wastewater Treatment Plant

b) budgetary provision of $25.65M be included in the Long Term Plan 24-34 process for the purpose of constructing the recommended upgrade

c) agree not to pursue the option of discharging treated wastewater from the Kaikohe Wastewater Treatment Plant to land at this time, as part of the application to replace the resource consent authorising the discharge of contaminants from the Kaikohe Wastewater Treatment Plant, on the basis that the preferred site was deemed not practically or economically viable.

and that the Council notes that:

d) engagement with the Ngā Hapū o Kaikohekohe, via the Kaikohe Wastewater Treatment Plant working group, will continue to investigate discharge to land options; and

e) should possible site(s) be identified, and an agreement is made with landowners, a separate request to fund onsite investigations and concept design to determine the site is practicability and economically viable will be made.

1) TĀhuhu kŌrero / Background

Northland Regional Council (NRC) resource consent authorising discharge of treated wastewater from the Kaikohe WWTP into the Wairoro Stream had an expiry date in 2021.

To support the resource consent renewal application, in 2020 staff engaged consultants to undertake a high-level assessment of the WWTP and recommend a suitable upgrade option that would enable the wastewater to be treated to the standard required by new legislation. No stakeholder engagement was carried out to inform this high-level options assessment. Staff also undertook a desktop analysis of land within 10km of the Kaikohe WWTP to determine whether discharging treated wastewater (WW) to land, rather than water, might be practicably feasible and affordable.

In May 2021 staff reported to Council that WW discharge to land was assessed as practicably feasible but not affordable for the community of Kaikohe. The Council resolution to that report was for staff to progress to landowner and iwi engagement to seek to identify a preferred site for receiving treated wastewater near the Kaikohe WWTP.

In November 2021 the Northland Regional Council (NRC) resource consent authorising discharge of treated wastewater from the Kaikohe WWTP into the Wairoro Stream expired (consent granted 2005). Staff lodged an application with NRC to renew this consent prior to the expiry date, triggering s124 of the Resource Management Act (RMA) that allows Far North District Council (FNDC) to continue to discharge treated wastewater in accordance with the expired resource consent until a decision is made on the renewal application. Once the application was accepted by NRC, FNDC requested the application be put on hold to enable meaningful engagement with iwi/hapū to be carried out.

To achieve this, a Terms of Reference (TOR) was established as per attachment 2 which was signed and agreed to by representatives from:

· Te Uri O Hua

· Ngāti Whakaeke

· Ngāti Tautahi

· Ngāti Kura

· Te Matarahurahu

· Te Takotokē

· Far North District Council

Commitments of the TOR included fully investigating options for achieving a land-based discharge of treated wastewater and identifying the Best Practicable Option (BPO) for the upgrade of the Kaikohe WWTP. An external provider was brought on to facilitate multiple workshops with the Kaikohe WWTP working group to work through these matters.

From these workshops the working group has approved the recommendations proposed in this report.

Full details of the engagement process will be discussed at length in the elected member workshop to be held on the 12^th September in Council Chambers.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Kaikohe WWTP Upgrade

To meet the water quality conditions of a renewed consent to discharge to water, the current Kaikohe WWTP requires an upgrade. Ammonia and E. coli being the key focuses for treatment upgrade. An external technical expert was engaged to advise the working group on the options for an upgrade.

A long list of 20 options was presented to the working group which included options from previous work done in preparation for the consent application in 2021 and additional options brought forward by the external expert. The working group discussed the merits of each option, eliminating 16 options and identifying 4 to proceed to a short-list as per attachment 3.

Options 2 (Modified Ludzack-Ettinger) and 4 (Moving Bed Bioreactor) from the short-list were then discounted after further discussion leading to the remaining 2 options being compared in detail to arrive at a preferred option.

Options 1 (Sequential Batch Reactor) and 3 (Membrane Bioreactor) were considered the most viable by the working group. There are currently Sequential Batch Reactors (SBR’s) in both Kerikeri and Russell, though there are no Membrane Bioreactors (MBR’s) operating in the district.

The predicted water quality improvements for the discharge to the Wairoro stream were calculated and are represented in Figure 3 below. The water quality components assessed were Total Nitrate (TN), Total Phosporus (TP), E. coli, and Total Suspended Solids (TSS). These components were compared for Upstream of the discharge point (US), predicted downstream of discharge point for SBR and MBR, and the current quality measured downstream of the discharge point.

ANZG (2018) stands for the Australia & New Zealand Guidelines for freshwater and the red dotted line represents the trigger value for investigating algal growth in a stream. NPS-FM stands for the National Policy Statement for Freshwater Management and the orange/black dotted lines represent the suggested water quality for safe swimming with respect to E. coli levels.

Figure 3: Water Quality Comparisons

The graphs show that the MBR option is the best performing option which results in a significant increase in treatment. It should be noted that the MBR is the highest level of treatment available in New Zealand at this time. Based on this, the Kaikohe WWTP working group has recommended option 3 – MBR as the preferred option for upgrade.

Option 1 was estimated at a cost of $21.7M with a -30% to +50% uncertainty. At this estimated cost the rating impact would be an annual increase of ~$900/year as in Figure 1 below.

Figure 1: Option 1 – SBR Rating Impact

Option 3 was estimated to cost $25.65M with a -30% to +50% uncertainty. At this estimated cost the rating impact would be an annual increase of ~$1100/year as per Figure 2 below.

Figure 2: Option 3 – MBR Rating Impact

Note: Rating impacts have been based on the current number of rated wastewater connections and will be impacted by both water reform and housing intensification currently underway.

Discharge to Land Investigations

The Proposed Regional Plan for Northland has a policy D.4.3 which requires that any application to discharge wastewater to water will generally not be granted unless a discharge to land has been considered and found not to be environmentally, economically, or practicably viable. To progress the discharge consent for Kaikohe WWTP a position statement about the viability of discharge to land must accompany the application.

The Kaikohe WWTP working group has clearly provided their preference for working towards a discharge to land as opposed to a continued discharge to the Wairoro Stream.

To achieve this, FNDC conducted an analysis of the land within a 10km radius of the Kaikohe WWTP. This analysis excluded land within the area of interest (AOI) that would not be practicably suitable to support a discharge to land at a desktop level. 40 properties were identified with sufficient potentially suitable land to consider discharge to land.

These 40 properties were discussed with the Kaikohe WWTP working group, who then identified the culturally significant sites for removal from consideration. The remaining properties were then ranked based on their potential for discharge to land. The top 15 properties were then contacted to understand the landowner’s interest in either selling their land or leasing it for discharge to land.

Only 1 landowner was willing to sell the land identified from these top 15 properties. Onsite soil testing and a costed concept design was then achieved as per attachment 3. The cost of achieving discharge to this site was estimated to be $24.86M with an uncertainty of -30% to +50%. The rating impact of proceeding with this option would therefore approximately double the increased annual rates from what is identified in Figures 1 & 2.

The concept design also found the amount of treated wastewater the site could take. This was found to range between 36% – 60% of the flows from the Kaikohe WWTP due to the limited drainage characteristics of the soil as shown in Figure 4. A year containing significant rainfall would be closer to the 36% whilst in a drought 60%. Additional land of the same soil characteristics would not affect these percentages.

Figure 4: Kaikohe WWTP Flows V.S. Amount Irrigated to Land

Based on these findings, the Kaikohe WWTP working group does not recommend this site be progressed for discharge to land as it is found practicably and economically non-viable. As a result, further investigation into alternative sites is required to find a site which is deemed viable to the working group. Should such a site be found then it will be reported to council with a request for funding to achieve onsite soil investigations and a concept design.

Notification of Significant Decision to NTU

It should be noted that Entity A was supportive of a MBR upgrade and have been notified of the recommendation for this report and accepted it as per attachment 4. This was done due to the value and timing of construction for the recommended upgrade. Their decision to accept the project has been included in the Asset Management Plan (AMP) for Wai Tamaki ki Te Hiku.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

The Kaikohe WWTP working group has through a series of workshops determined that a Membrane Bioreactor (MBR) is their preferred upgrade option for the Kaikohe WWTP. This upgrade would meet and exceed water quality requirements for a continued discharge to water. It is noted that the MBR is the highest performing treatment plant available in New Zealand at present.

While preferred discharge to land site was found with a landowner interested in selling the property, limitations of the soil and the high estimated cost led to the working groups decision to not proceed with the site due to it being practicably and economically non-viable.

It remains a core focus of the working group to achieve a discharge to land. Therefore, continued investigations will take place to assess all possible remaining options.

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

Council has made budgetary provision totalling $6.85M which is currently timed for FY24 – FY27. This budgetary provision is insufficient to meet the cost of the recommended upgrade. An additional $19M would be required. The indicative rating impact of a council funded upgrade totalling $25.65M is an $1100 per annum increase to the capital rate and a $8.50 increase in the operation rate for Kaikohe wastewater ratepayers.

Current financial year budgetary provisions of $400,000 is available to initiate detailed design of the recommended upgrade option.

Budgetary provision totalling $31.25M is included in the asset management plan (AMP) submitted to the National Transition Unit (NTU). This has been timed for FY25 – FY28. The recommended upgrade information submitted to the significant decisions department of the NTU, which has responded with approval as per attachment 4.

Āpitihanga / Attachments

1. Kaikohe WWTP Project Online Hui Minutes 290623 - A4366962 ⇩

2. 2022-06-02 Kaikohe WWTP Working Group - Signed Terms Of Reference - A4196494 ⇩

3. Kaikohe WWTP Short Lists Options Report - A4365946 ⇩

4. Far North DC #99 Confirmation Letter - signed - A4365801 ⇩

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 recommended option for an MBR upgrade holds a high level of significance which meets the criteria set out in the policy. This is due to environmental and financial implications.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The recommended upgrade will provide an increased treatment quality which would ensure compliance for a discharge to water upon its commission. This will allow for the resource consent renewal to take place and provide for minimal contamination of the Wairoro Stream. The Proposed Regional Plan for Northland has a policy D.4.3 which requires that any application to discharge wastewater to water will generally not be granted unless a discharge to land has been considered and found not to be environmentally, economically, or practicably viable. The recommendation in this report does not rule out a discharge to land in the future should a suitable site be found.
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 provision of wastewater services is not a community board delegation and the views of the Kaikohe-Hokianga community board have not been sought. The issue of establishing discharge to land schemes is a district wide issue, which has been focused via this report on the community of Kaikohe, because of the need to replace discharge resource consents for this community.
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.	Discharge to land is the culturally appropriate method of discharge for treated wastewater. Engagement with the Kaikohe WWTP working group has been undertaken for this purpose. Te Uri o Hua, Ngāti Whakaeke, Ngāti Tuatahi, Ngāti Kura, Te Matarahurahu, Te Takotokē hapū are represented on the working group.
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).	All rate payers that are connected to, or have the ability to connect to, a public wastewater scheme will be affected by this matter. Consideration of the economic impact of establishing land disposal schemes has been considered via the rating impact of the activity.
State the financial implications and where budgetary provisions have been made to support this decision.	Council currently has budget provision for $6.5M for an upgrade to the Kaikohe WWTP. An additional $19M would be required to fund the recommended upgrade which would have a total rating increase of $1100 in capital rates and $8.50 operational rates annually for the rate payers of Kaikohe wastewater. Current funding would support detailed design of the recommended upgrade. Budgetary provision totalling $31.25M is included in the asset management plan (AMP) submitted to the National Transition Unit (NTU). The recommended upgrade has notified to the NTU and agreed to.
Chief Financial Officer review.	The Chief Financial Officer (CFO) has reviewed this report.

Ordinary Council Meeting Agenda

21 September 2023

6.3 Maintenance and Renewal Contracts – Increases in Contract Values

File Number: A4369422

Author: Apikali Rokobigi, Maintenance Lead

Authoriser: Calvin Thomas, General Manager - Northland Transportation Alliance

Take Pūrongo / Purpose of the Report

The purpose of this paper is to request that Council approves an increase in contract values to meet Council’s contractual obligations for the Road Maintenance and Renewals Contracts 7/18/100 (North Area) and 7/18/101 (Southern Area), covering Emergency Work road recovery activities, additional capital projects, and general activities covered within the scope of contract, through to June 30, 2024.

The process of increasing approved contract values involves the release of existing approved and allocated 2023/24 Annual Plan budgets for these activities, and is a procedural requirement for any long-term contracts, spanning several years, where provision is required to be made for completion of unplanned activities.

All works that have been completed to date, and future works that are covered by the requested extension of contract value, a covered by existing approved and allocated Planned Works budgets or Emergency Works reserves budgets and associated National Land Transport Fund Financial Assistance (ranging from 69% for planned works through to 89%/100% for Emergency Works).

WhakarĀpopoto matua / Executive Summary

This report

· provides background and summarises the emergency work road recovery, unforeseen financial impacts through July 2022 to June 2023 and an increase in total contract value to facilitate capital projects as summarised in Table 1.1 below, and

Table 1.1 – Estimated total contractual value.

Description	North Area Con 7/18/100	South Area Con 7/18/101
Current approved value of the contracts (Total values since 1^st July 2018)	$ 97,718,819.92	$ 83,035,276.51
Contract Value increase request	$ 15,370,962.95	$ 14,972,413.45
The proposed new value of these contracts	$ 113,089,782.87	$ 98,007,689.96

· confirms the contract expenditure to date and the values requested for approval for contract term, is fully covered through the following existing and future approved budgets:

o Historic (2018/22, 2022/24) approved funding for roading maintenance, renewals, and associated improvement budgets.

o Additional approved funding and subsidies for Emergency Works.

o Additional Capital Projects delivered under the Road Maintenance Contracts.

· confirms all works have and will continue to be delivered in line with procurement guidelines and within the scope of the contract works

tŪtohunga / Recommendation

That Council:

a) notes the increase in contract values requested does not require any additional unbudgeted investment, and

b) approves the contract value for 7/18/100 North Area Road Maintenance and Renewals Contract to be increased by the value of $ 15,370,962.95 and the total contract value increased to $113,089,782.87 exclusive of GST.

c) approves the contract value for 7/18/101 South Area Road Maintenance and Renewals Contract to be increased by the value of $14,972,413.45 and the total contract value increased to $98,007,689.96 exclusive of GST.

1) TĀhuhu kŌrero / Background

These contracts commenced on 1 July 2018 for an initial four-year period with provisions to extend the contract for a further two plus one, plus one years; (4+2+1+1 years), dependant on the Contractor’s performance.

Council approved Separable Portion 2, an extension of 2-year contract from July 2022 to June 2024 Council Resolution [2021/59] and [2022/60].

These are measure and value contracts and the actual payments to the contractors are based on the quantity of works completed and the tendered schedule of rates. All these works are completed within the Council’s approved budget in any one year.

As competitive rates are received through a long-term contract arrangement, combined with Council’s desire to achieve delivery targets, a large total value of both Council and externally funded works are delivered through these contracts via direct award, noting that within the contracts there is a requirement for a minimum of 30% of the awarded works to be sub-contracted to local contractors.

The previous contract value increase approved by Council provided an estimated value for separable portion 2. Since the approval of separable portion 2, the Far North local roading network has experienced impacts from 10 distinct severe weather events, along with a value of additional capital work improvements being added to the total amount expended through these contracts. Without further increase to the approved contract values, we will be exceeding the current approved limit before the end of the second Separable Portion (30th June 2024), and therefore defaulting on Councils contractual and legal responsibilities.

The full scope of completed and remaining work for each contract, funded through combination of approved LTP roading budgets and additional central government funding (increased Emergency Works subsidy), is summarised in the tables on the following pages.

Contract 7/18/100 FNDC North

Table 2.1 – Recommended new Contract Value for 7/18/100 FNDC North

Roading Works – Contract 7/18/100 FNDC North
Description	Value ($)	Comment
SUBTOTAL 2.2	97,718,819.92	Council Approved Contract Value Increase. Council Resolution [2021/59] and [2022/60]. July 2018 – June 2024 (6 years)
SUBTOTAL 2.3	12,960,962.95	Additional Funded & Forecast Emergency Works for 2022/23 and 2023/24
SUBTOTAL 2.4	2,410,000.00	2022/23 - 2023/24 Additional Capital Works - Completed and Annual Works Plan
Total North	$ 113,089,782.87	New Contract Value

The recommended Contract Value for 7/18/100 FNDC North is made up as follows:

Table 2.2 - Council Approved Contract Value Increase for Contract 7/18/100 FNDC North.

Roading Works – Contract 7/18/100 FNDC North

Description

Value ($)

Comment / Reason

SUBTOTAL 2.2

$ 97,718,819.92

Council Approved Contract Value Increase. Council Resolution [2021/59] and [2022/60].

July 2018 – June 2024 (6 years)

Table 2.3 – Additionally Funded Emergency Works and Forecast Expenditure added to Contract 7/18/100 FNDC North

Other funded Roading Works	Value	Comment/Reason
July 2022 Storm Event	700,865.56	Initial Response Phase 1 to Storm Event completed and additional funded works
August 2022 Storm Event	2,343,280.00	Initial Response Phase 1 & Minor repairs Phase 2 to Storm Event completed and additional funded works
Anniversary Weekend & Cyclone Gabrielle 2023 Event	1,868,734.73	Initial Response Phase 1 & Minor repairs Phase 2 to Storm Event completed and additional funded works
May 2023 Storm Event	1,712,987.69	Initial Response Phase 1 & Minor repairs Phase 2 to Storm Event completed and additional funded works
June 2023 Storm Event	1,335,094.97	Initial Response Phase 1 & Minor repairs Phase 2 to Storm Event completed and additional funded works
2023/2024 Forecast Emergency Works	5,000,000.00	2023/2024 Future Initial Response Phase 1 & Minor repairs Phase 2 Storm Event
SUBTOTAL 2.3	$ 12,960,962.95	Additional Funded & Forecast Emergency Works

Table 2.4 – Additionally Funded Capital Works and Expenditure added to Contract 7/18/100 FNDC North

Roading Works – Contract 7/18/100 FNDC North
Description	Value ($)	Comment / Reason
High Risk Rural Road Corridor Safety Treatments	1,800,000.00	Additional Programmed for 2023/24
Corridor Safety Treatments & High-Risk Intersection Safety Treatments	210,000.00	Additional Programmed for 2023/24
School Zone Speed Management	200,000.00	Additional Programmed for 2023/24
Oruru Road Footpath	200,000.00	Completed for 2022/23
SUBTOTAL 2.4	$ 2,410,000.00	2022/23 - 2023/24 Completed and Annual Works Plan

Contract 7/18/101 FNDC South

Table 3.1 – Recommended new Contract Value for 7/18/101 FNDC South

Roading Works – Contract 7/18/101 FNDC South
Description	Value ($)	Comment
SUBTOTAL 3.2	83,035,276.51	Council Approved Contract Value Increase. Council Resolution [2021/59] and [2022/60]. July 2018 – June 2024 (6 years)
SUBTOTAL 3.3	14,059,372.70	Additional Funded & Forecast Emergency Works for 2022/23 and 2023/24
SUBTOTAL 3.4	913,040.75	2022/23 - 2023/24 Additional Capital Works - Completed and Annual Works Plan
Total South	$ 98,007,689.96	New Contract Value

The recommended Contract Value for 7/18/101 FNDC South is made up as follows:

Table 3.2 - Council Approved Contract Value Increase for Contract 7/18/101 FNDC South completed to date

Roading Works – Contract 7/18/101 FNDC South

Description

Value ($)

Comment / Reason

SUBTOTAL 3.2

83,035,276.51

Council Approved Contract Value Increase. Council Resolution [2021/59] and [2022/60].

July 2018 – June 2024 (6 years)

Table 3.3 – Additionally Funded Emergency Works and Forecast Expenditure added to Contract 7/18/101 FNDC South

Other funded Project	Value ($)	Comment / Reason
July 2022 Storm Event	445,489.37	Initial Response Phase 1 to Storm Event completed and additional funded works
August 2022 Storm Event	581,283.67	Initial Response Phase 1 & Minor repairs Phase 2 to Storm Event completed and additional funded works
November 2022 Storm Event	177,160.00	Initial Response Phase 1 & Minor repairs Phase 2 to Storm Event completed and additional funded works
Anniversary Weekend & Cyclone Gabrielle 2023 Event	3,929,396.72	Initial Response Phase 1 & Minor repairs Phase 2 to Storm Event completed and additional funded works
May 2023 Storm Event	3,211,398.62	Initial Response Phase 1 & Minor repairs Phase 2 to Storm Event completed and additional funded works
June 2023 Storm Event	714,644.32	Initial Response Phase 1 & Minor repairs Phase 2 to Storm Event completed and additional funded works
2023/2024 Forecast Emergency Works	5,000,000.00	2023/2024 Future Initial Response Phase 1 & Minor repairs Phase 2 Storm Event
SUBTOTAL 3.3	$ 14,059,372.70	Additional Funded & Forecast Emergency Works

Table 3.4 – Additionally Funded Capital Works and Expenditure added to Contract 7/18/101 FNDC South

Roading Works – Contract 7/18/101 FNDC South
Description	Value ($)	Comment / Reason
Corridor Safety Treatments & High-Risk Intersection Safety Treatments	200,000.00	Completed and Additional Programmed for 2023/24
School Zones & Speed Management	550,000.00	Additional Programmed for 2023/24
Taumatamakuku Footpath	163,040.75	Completed for 2022/23
SUBTOTAL 3.4	$ 913,040.75	2022/23 - 2023/24 Completed and Annual Works Plan

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

These two contracts involve carrying out maintenance (including emergency works) and renewal works across the local road network, covering approximately 900 kilometers of sealed and 1600 kilometers of unsealed road.

The core scope of works includes routine road maintenance, drainage maintenance, vegetation control, traffic facilities maintenance, street cleaning, sign maintenance, road marking, footpath maintenance, road strengthening, road surface maintenance, pre-reseal repairs and renewals as well as emergency response and other authorised road works.

For Council to meet its existing contractual obligations, completing the original 4-year contract period (Separable Portion 1, expired in 30 June 2022) and the extension of 2-year current contract period (Separable Portion 2, expiring in 30 June 2024) per Council Resolution [2021/59] and [2022/60], an increase in contract value is required, noting that the funds required for this increase in contract value cover emergency works and additional capital projects delivered under these contracts and are covered by existing approved and allocated 2023/24 Annual Plan budgets.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

The reason for the recommendation that both contract values be increased is:

· to recognise the emergency works impact, resulting from July 2022 – June 2023 events that increased the work volumes and associated expenditure, now impacting on the forecast exceedance of approved contract value(s), (refer to Annex.1) and

· to ensure the Contractors can fulfil their obligations to undertake the works required for 2023/24 Financial Year (FY).

To ensure continuation of these essential Roading activities the NTA seeks to formalise approvals for increased contract value, with sufficient funding to meet the required work demand and ensure Council fulfils its funding, contractual and legal obligations under the contracts.

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

Council approves a financial authority to spend up to the value of the tendered value when awarding a contract. If that financial authority is exceeded, then staff are required to return to Council for a new or additional financial authority to cover the remaining obligations of the contract.

These additional works completed through the North and South contracts have resulted in the original financial authority being exhausted. This does not mean Council has exceeded the overall budgets, with the additional works being funded from existing approved annual Roading LTP / Annual Plan budgets and approved external funding received.

The additional funding approval sought is budgeted within the adopted 2021/2031 LTP and does not result in any unbudgeted expenditure.

This is a measure and value contract and the actual payments to the contractors are based on the quantity of works completed and the tendered schedule of rates. All these works are completed within the Council’s approved budget in any one year.

In summary it has been estimated to meet their obligations to the end of Separable Portion 2 (30 June 2024);

a) the value of works required for the North Area will be $ 15,370,962.95 + GST. This will take the approved contract value to $ 113,089,782.87 + GST (see Tables 1.1 & 2.1 above), and

b) the value of works required for the South Area will be $ 14,972,413.45 + GST. This will take the approved contract value to $ 98,007,689.96 + GST (see Tables 1.1 and 3.1 above).

(See attachment Annex 1)

Āpitihanga / Attachments

1. ANNEX 1 - Maintenance and Renewals Contracts - Increases in Contract Value - A4383610 ⇩

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 decisions or matters of this agenda do not trigger the significance criteria outlined in Council’s Significance and Engagement Policy, and the public will be informed via the publication of this agenda on the Council website.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The additional funding approval sought is budgeted within the adopted 2021/2031 LTP and does not result in any unbudgeted expenditure.
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.
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 to Māori.
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).	No specific implications.
State the financial implications and where budgetary provisions have been made to support this decision.	Refer to Financial Implications section of this report.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report

Ordinary Council Meeting Agenda

21 September 2023

6.4 Lease Extension Request Aupouri Ngati Kahu Te Rarawa (ANT) Trust

File Number: A4329032

Author: Michelle Rockell, Team Leader - Property Management

Authoriser: Kevin Johnson, Group Manager - Delivery and Operations

Take Pūrongo / Purpose of the Report

To seek resolution from Council on the renewal and granting of a new lease to Aupōuri Ngāti Kahu – Te Rarawa (ANT) over Tangonge Domain, Kaitaia.

WhakarĀpopoto matua / Executive Summary

· Current Lessee: Aupouri Ngati Kahu-Te Rarawa Trust Inc (ANT Trust), being the umbrella organisation for Open the Curtains (OTC).

· Current Lease Term: 5 years, 1 September 2018 – 31 August 2023.

· Renewal: A further period of 5 years, 1 September 2023 – 31 August 2028 - Provided lease obligations have been met, there is sufficient community need for the specified activity and it is in the public’s interest.

· Schedule 2 of the lease, the OTC Operational Management Plan, is the guiding document for the community lead project for better utilisation of the Reserve.

· ANT wish to apply for third party funding and have requested a 30-year lease extension with final expiry on 31 August 2058.

Reserves Act Schedule 1: allows for a term ‘not exceeding 33 years’ and requires public notice.Information report to the Te Hiku Community Board - June 2022, was amended to include a recommendation to Council to initiate the process of a new long-term lease. The process to initiate a new long-term lease was commenced in January 2023 when FNDC staff requested background information from the Trust. This information was received in June 2023.This report was presented to the Te Hiku Community Board on 2 August 2023 who recommended the approval of the 5 year term plus options 2, the initiation of public consultation for a new 30 (15+15) ground lease.

tŪtohunga / Recommendation

That Council:

a) approve the renewal of a further 5 year term, expiring on 31 August 2028, as allowed for in the current lease to Aupōuri Ngāti Kahu – Te Rarawa Trust over Tangonge Domain, being Recreation Reserve DP 108 Title NA530/132, located at 63 Bonnet Road, Kaitaia.

The terms being:

· Term: 5 years

· $118 plus GST per year in conjunction with the Fees & Charges Policy for 2023/24 and reviewed annually.

b) commences the public consultation process on the granting of a new ground 30 (15+15) year lease to Aupōuri Ngāti Kahu – Te Rarawa Trust over Tangonge Domain, being Recreation Reserve DP 108 Title NA530/132, located at 63 Bonnet Road, Kaitaia.

The terms of the proposed lease shall be:

• Term: 30 Years (15+15)

• 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.

c) That the Te Hiku Community Board is appointed to hear any submissions received in response to the consultation process and to make recommendations to Council.

1) TĀhuhu kŌrero / Background

Te Hiku Community Board were presented this report on 2 August 2023 who amended the recommendation to the above: the renewal of the current lease for a further 5 years plus the initiation of public consultation on the granting of a new 30 (15+15) year lease.

Please note, should public consultation be initiated and ultimately, a new lease granted, this will replace and suspend the current lease that has final expiry 31 August 2028. This recommendation allows for continuity of the lease whilst public consultation can occur alongside.

ANT Trust is a not-for profit organisation who were granted a lease over Tangonge Domain, Kaitaia, in September 2018. This lease allowed OTC, a community group operating under ANT Trust, to redevelop and transform the Domain into a safe and pleasant space for whanāu in Kaitaia West to gather, play and socialize. The site was being used to dump landfill and refuse, graze cows and a dog walking space.

At the time of granting the lease, OTC presented an Operational Management Plan (attached to lease, see attachment schedule below) which outlines how the development and maintenance of the Domain for the lifespan of the lease. This includes a Mara kai garden, fruit tree orchard, basketball court, children’s playground, walking track and exercise stations. To date, these above developments have not been carried out.

Projects completed to date include:

· Development of the 2019 Tangonge Domain Concept Plan.

· 2020 Condition Report & Feasibility Study (funding obtained prior to the lease)

· 2021 Community Consultation which advised that ANT Trust also consider other ideas for the Domain.

· 2022 land development: clearing of outer drains and foundation work, grading and contouring of fields and areas for exercise track and parking area, and grassing of playing fields.

· 2023 building refurbishment: power supply reconnected, new lighting, water supply reconnected, storm water drainage cleaned and fully functional toilets.

· Community events to date:

o Kiwi Tag: October to November 2022 and June 2023.

o Christmas in the Paddock: December 2022

o Touch Under 16s mixed: Feb 2023

Developments to date have cost over $80,000.00, with full development expecting to cost approximately $800,000.00. All proposed plans will depend on funding availability and be developed around specific project areas.

ANT Trust believe that a 30-year lease will provide funders the security they require to fund major programme works.

ANT Trust have not made any funding applications to FNDC since the commencement of the lease.

In June 2022, an information report was presented to the Te Hiku Community Board to give the Board an understanding of the current situation. It included the following recommendation:

This recommendation was changed by the Community Board to the following:

The above recommendation did not progress to Council as it was simply an Information Report.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

As per the lease, the renewal for one further period of 5 years is “…contingent on the Lessor being satisfied that the terms and conditions of the lease have been complied with, that there is sufficient need for the recreational activity specified in the lease, and further that it is in the public interest to renew the lease and not in the public interest that some other sport, game or recreation activity be given priority. It is not an automatic right of renewal.”

Given the little progress that has been made to meet the aspirations of the Operational Management Plan (attached to current lease, see attachment schedule below), FNDC staff do not support nor deem appropriate a new 30 (15+15) year lease at this time.

Should a further 5-year term renewal be given, FNDC staff will meet with ANT Trust regularly to assess progress and development of the Domain.

The requested 30-year lease is outside of the existing lease agreement; therefore a new lease along with public consultation would be required. Public consultation provides the opportunity for other community groups to present alternative uses for the reserve.

As per the FNDC Parks and Reserves Policy 2022, Council can grant exclusive leases to part or all 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.

Option 1 (recommended):

That the Te Hiku Community Board recommends to Council:

a) Approve the renewal of a further 5 year term, expiring on 31 August 2028, as allowed for in the current lease to Aupōuri Ngāti Kahu – Te Rarawa Trust over Tangonge Domain, being Recreation Reserve DP 108 Title NA530/132, located at 63 Bonnet Road, Kaitaia.

The terms being:

· $118 plus GST per year in conjunction with the Fees & Charges Policy for 2023/24 and reviewed annually

· Term: 5 years

b) Decline Aupōuri Ngāti Kahu – Te Rarawa Trust request to extend the lease.

This allows ANT Trust to make some progress with the development of the Domain as set out in the Operational Management Plan. It will also provide the Community Board and Council with the satisfaction that the terms and conditions of the lease are being complied with.

Option 2:

That the Te Hiku Community Board:

a) recommends to Council that the public consultation process is commenced on the granting of a new ground 30 (15+15) year lease to Aupōuri Ngāti Kahu – Te Rarawa Trust over Tangonge Domain, being Recreation Reserve DP 108 Title NA530/132, located at 63 Bonnet Road, Kaitaia.

The terms of the proposed lease shall be:

Term: 30 Years (15+15)

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

 $118 plus GST for 2022/23 and reviewed annually in conjunction with the FNDC Fees and Charges Schedule.

b) is appointed to hear any submissions received in response to the consultation process and to make recommendations to Council.

Option 3:

Decline the request to renew the term and terminate the current lease to Aupōuri Ngāti Kahu – Te Rarawa Trust due to insufficient progress having been made in the past 5 years.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Though 5 years does not provide funders with long term guarantee, it does give ANT Trust enough time to carry out fundraising events to fund the smaller projects that were initially proposed in the Trusts Operational Management Plan. This, coupled with regular check ins by FNDC staff to support the Trust with their developments, can determine if a new 30 year lease to ANT Trust is beneficial to the community.

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

Renewing the lease does not create any financial implications for Council. ANT Trust is responsible for all maintenance of the grounds and building.

The issuing of a new 30-year (15+15) lease would require publication costs in association with public notice and all costs would be incurred by Council.

Āpitihanga / Attachments

1. 2019 Concept Plans - A4249907 ⇩

2. 2020 Condition Report and Feasibility Study - A4249909 ⇩

3. 2023 ANT lease extension TANGONGE 090623 - A4249911 ⇩

4. Aupouri Ngati Kahu - Te Rarawa Trust lease signed and dated 1 Sept 2018 - 31 Aug 2028 - A4051783 ⇩

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- we are requesting the Community Boards feedback and recommendation.
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 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.	ANT Trust represents the iwi of Aupōuri, Ngāti Kahu and Te Rarawa. Their requests presented to FNDC have been considered in the recommendation. Public consultation occurred at the time of granting the lease. 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 will be important to notify iwi/hapū in the Kaitaia locality of the lease proposal should public consultation occur.
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 is a renewal of an existing lease and the community were consulted at the time of granting of the lease.
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 reserve land. Public consultation will require publications costs with FNDC will incur.
Chief Financial Officer review.	The CFO has reviewed this report.

Ordinary Council Meeting Agenda

21 September 2023

6.5 Ground Lease to Doubtless Bay Sea Scouts - East Street Taipa

File Number: A4329039

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 consultation on the granting of a new ground lease over recreation reserve, under Section 54 Reserves Act 1977 for a portion of Part Allot 5 PSH OF Taipa, 10 East Street, Taipa to Scouts Aotearoa.

WhakarĀpopoto matua / Executive Summary

· Doubtless Bay Sea Scouts Group (DBSSG), operating under the Scouts Aotearoa umbrella, have been established at 10 East Street, Taipa since May 1991.

· October 2022 DBSSG formally requested a new lease.

· There is no existing Reserve Management Plan for Taipa Sports Ground.

· 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 Te Hiku community Board on 1^st August 2023 who passed with the below recommendation.

tŪtohunga / Recommendation

That Council:

a) commences the public consultation process on the granting of a new ground lease to Scouts Aotearoa over part of the Recreation Reserve being approximately 860 square metres of Part Allot 5 PSH OF Taipa, held in New Zealand Gazette 1984 page 104.

The terms of the proposed lease shall be:

Term: 15 Years (5+5+5)

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

· $113 plus GST for 2022/23 and reviewed annually in conjunction with the FNDC Fees and Charges Schedule.

b) appoints the Te Hiku Community Board to hear any submissions received in response to the consultation process and to make recommendations to Council.

1) TĀhuhu kŌrero / Background

Taipa Recreation Reserve is vested in Council and has been partly occupied by DBSSG, operating under the Scouts Aotearoa umbrella, since 1991 and maintain their leased area and building to a high standard.

DBSSG occupy the site in conjunction with Taipa Plunket Clinic, Doubtless Bay Squash Racket Club and Eastern United Rugby Football Club.

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

DGSSG is a well-established group with 87 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. 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.

The longevity of the scout group at this site reinforces the valuable service DBSSG provides to the community of Taipa and surrounding localities.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

As per the Reserves Act 1977 section 54, public consultation 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) That council commences the public consultation process on the granting of a new ground lease to Scouts Aotearoa over part of the Recreation Reserve being approximately 860 square metres of Part Allot 5 PSH OF Taipa, held in New Zealand Gazette 1984 page 104.

The terms of the proposed lease shall be:

Term: 15 Years (5+5+5)

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

§ $113 plus GST for 2022/23 and reviewed annually in conjunction with the FNDC Fees and Charges Schedule.

b) The Te Hiku Community Board is appointed to hear any submissions received in response to the consultation process and to make recommendations to Council.

Option 1 will allow DBSSG to continue providing their service to the community.

Option 2:

a. Decline DBSSG’s request for a new lease

b. ask DBSSG 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

DBSSG 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.

As per the FNDC Parks and Reserves Policy 2022, Council can 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.

Public Notice is a statutory requirement under Reserves Act for the leasing of a Recreation Reserve.

Public consultation will enable Council to assess the community’s engagement with the DBSSG proposal. Public consultation gives the community the opportunity to put forward alternative options for the occupation and use of the site.

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.

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 DBSSG and the land reinstated to reserve, Council will become responsible for any ongoing maintenance of the site, placing more pressure on the reserves maintenance budget.

Āpitihanga / Attachments

1. Doubtless Bay Sea Scouts - Consultation on a request for lease - A4267140 ⇩

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
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	FNDC Reserves Policy: The Policy supports a long-term lease being offered to community orientated groups wanting a permanent base. 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.	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 tangata whenua in the Taipa 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 Kahu Co-Chief Executive Officers 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 Kahu Co-Chief Executives Officers to seek feedback as part of 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

21 September 2023

6.6 Maritime Facilities Bylaw - Approval of Draft for Public Consultation

File Number: A4348883

Author: Dan Bowmar, Policy Advisor

Authoriser: Jonathan Slavich, Chief Financial Officer

Take Pūrongo / Purpose of the Report

To obtain approval for the new proposed Maritime Facilities Bylaw to be released for public consultation.

WhakarĀpopoto matua / Executive Summary

· On 07 April 2022, following review of the Maritime Facilities Bylaw 2002 and Mooring Charges Bylaw 2002, Council approved the development of a new Maritime Facilities Bylaw, under section 145 and 146 of the Local Government Act 2002.

· The Local Government Act 2002 requires that Council consult when making a bylaw.

· A proposal for a new Maritime Facilities Bylaw including a draft of the bylaw, is in Attachment 1.

· The recommended consultation period is for four weeks from 02 October 2023 to 30 October 2023. The dates of oral submissions will be set following this four-week period.

tŪtohunga / Recommendation

That Council:

a) approves the proposal for a new Maritime Facilities Bylaw in Attachment 1 to be released for public consultation to meet the requirements of section 156 of the Local Government Act 2002.

b) approves a minimum four-week period for making written submissions on the proposal in Attachment 1.

c) approves to hear any oral submissions and agrees to delegate to the Mayor, the power to arrange and change the date of the oral presentations of submissions.

d) directs Council staff to make all necessary logistical arrangements for people to be heard in person in the council Chambers or online via Microsoft Teams.

e) authorises the Chief Executive to make minor changes to the proposal for a new Maritime Facilities Bylaw to correct grammatical or spelling errors, or formatting.

1) TĀhuhu kŌrero / Background

The Maritime Facilities Bylaw and the Mooring Charges Bylaw were made in Council on 2 August 2002.

Council Staff engaged a consultant to undertake a review of the two bylaws. As a result of the review, Council on 7 April 2022 determined to develop a new Maritime Facilities Bylaw pursuant to section 145 and 146 of the Local Government Act 2002.

On 06 September 2022, Council’s previous Strategy and Policy Committee approved the proposal for consultation. Council’s previous Chief Executive placed the project on hold and consultation did not occur. Staff propose to now move forward with consultation on the proposed Bylaw in October 2023.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Risk assessment

An independent risk assessment received in November 2022 identified that:

· bylaw enforcement is the most effective control mechanism available to Council for maritime facilities that Councils owns and / or controls

· there is no other known alternative to a bylaw that would achieve Council’s regulatory objective in relation to maritime facilities

· failing to regulate maritime facilities would pose health and safety risks and may increase Council’s liability under the Occupiers Liability Act 1962 and the Health and Safety at Work Act 2015.

Form and content of new bylaw

A draft of the proposed new bylaw is in the statement of proposal document (Attachment 1).

The bylaw has been drafted under section 145 and 146 of the Local Government Act 2002.

The form of a bylaw is about its content and how it is drafted. A bylaw will be appropriate if it:

· deals with the identified problems

· meets the objectives it is intended to achieve

· is certain, e.g. it uses clear wording so people will understand what they are required to do

· is enforceable and able to be implemented and administered effectively and efficiently

· considers the relationship of Māori to land, water, sites, wāhi tapu, valued flora and fauna and other taonga

· complies with all relevant laws and legislation.

The costs and benefits of a bylaw also need to be considered and the form of a bylaw will be appropriate if the benefits outweigh the costs.

Key points of the new Bylaw

The proposed new Maritime Facilities Bylaw:

· keeps the general intent of the previous maritime related bylaws in that it provides for protection from damage to the facilities and allows for Council to collect fees and charges.

· enables Council to restrict specified maritime facilities to recreational use protecting council’s assets from damage by ensuring the maritime facility is suitable for its intended purpose based on their design, construction, and maintenance standard.

· enables users of maritime facilities to use the facilities safely, free from nuisance and offensive behaviour.

· regulates the use of maritime facilities mitigating health and safety risk and Councils liability under the Occupiers’ Liability Act 1962 and Health and Safety and Work Act 2015.

· enables Council to protect the wellbeing benefit and public good of users of established maritime facilities. For example, ensuring recreational users have maritime access to collect seafood, and ensuring that the Far North remains an attractive district to visit and live.

The Bylaw has been drafted according to best practice standard. Teams from Corporate Services, Community and Engagement, and Planning and Policy as well as Far North Holdings Limited have been involved in the drafting of this Bylaw.

New Zealand Bill of Rights Act 1990 preliminary assessment

Part 2 of the New Zealand Bill of Rights Act 1990 sets out twenty rights that are affirmed and protected, that may only be subject to reasonable limits that can be demonstrably justified in a free and democratic society. Section 155(2)(b) of the Local Government Act 2002 requires the Council to determine if the proposed bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990. The Council will fully assess these implications before it makes the Maritime Facilities Bylaw.

A preliminary assessment has identified that Section 18: Freedom of Movement, may be impacted by the new bylaw in that the Council may limit access to maritime facilities according to commercial or recreational use and to ensure health and safety.

The purpose of the bylaw is to impose reasonable limitations on behaviour and access to maritime facilities to enhance the safety of the community and minimise the incidence of public disturbance. The provisions in the Proposed Maritime Facilities Bylaw are justified because they only limit the rights of individuals to the extent it is reasonable to do so, for other people’s rights and freedoms to be maintained.

Therefore, any limitations on the right to freedom of movement are likely to be justified in accordance with the New Zealand Bill of Rights Act 1990.

A full assessment of the impact of the bylaw on these rights cannot be done until the content of the bylaw is finalised.

Proposal for consultation

The new Maritime Facilities Bylaw will be made under section 145 and 146 of the Local Government Act 2002. Under section 156 of the Local Government Act 2002 Council must consult using either the special consultative procedure or the requirements in section 82 of the Local Government Act.

Under the Council’s Significance and Engagement Policy, the new bylaw does not meet the threshold for requiring the special consultative procedure as the new bylaw:

· does not involve the transfer of a strategic asset

· will not incur unbudgeted financial impacts

· will not have a significant impact on Māori, the public, or level of service as the new bylaw will have the same effect as the current bylaw.

Therefore, consultation needs to comply with section 82 of the Local Government Act 2002.

Section 82A of the Local Government Act 2002 sets out the requirements for information to be made available for consultation. Those requirements are to provide:

· the proposal and the reasons for the proposal

· an analysis of the reasonably practicable options, including the proposal

· a draft of the proposed bylaw

Council staff have prepared a proposal document that meets the requirements of section 82A. The proposal document is in Attachment 1.

Consultation process

Section 82 of the Local Government Act 2002 does not stipulate a minimum length of time for consultation but requires the Council, to give people “a reasonable opportunity” to present their views on the proposed bylaw. A consultation period of at least four weeks is considered best practice. Therefore, Council staff recommend consultation to open on 02 October 2023 and close on 30 October 2023 which is a period of four weeks.

Council staff recommend people be encouraged to present their views primarily by making comments or submissions via the Council’s website. A submission form will be provided for download on the website for people to print and use to make written submissions either by post or delivery to Council offices. A small number of printed copies of the proposal document and submission form will be made available at Council offices for people to use if they are not able to print the documents themselves. A link to the webpage for making submissions will be emailed to the Council’s “subscribers” database and publicised on the Council’s social media pages.

Council and Far North Holdings Limited staff will be available to discuss and/or workshop the proposed bylaw with interested and affected parties during the consultation period.

The proposed new bylaw is likely to be of interest to the public and Council staff expect that there will be the request to present their submissions orally to elected members. Staff therefore recommend the Council delegate, to the Mayor, the power to arrange and change the date of the oral presentations of submissions.

Implementation

An implementation plan cannot be finalised until after the content of the bylaw is finalised. However, as per the proposed Bylaw, Far North Holdings Limited will be responsible for the administration and enforcement of the Bylaw, this includes processing approvals for commercial operations. An operational policy will be developed to provide guidance and consistency for processing approvals. Each approval will be assessed on a case by case situation taking into consideration appropriate use of the preferred maritime facility and competing use by both commercial and recreational users.

Any fees and charges will be set out in the Fees and Charges Policy and be subject to consultation as part of the Annual Plan and / or Long Term Plan process. Any revenue received from commercial operations (as is the process under the current bylaw) would offset the maintenance costs of the maritime asset portfolio.

Please note: The proposed Bylaw regulates the use of existing maritime facilities. It does not provide guidance regarding the building of new facilities. However, data received from commercial operator approvals will inform the development of future maritime facilities and / or any maritime facility related strategy.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

The Local Government Act 2002 requires that Council consult when making a bylaw. A proposal for a new Maritime Facilities Bylaw, including a draft of the Bylaw, is in Attachment 1. The recommended consultation period is for four weeks from 02 October 2023 and 30 October 2023 and the dates of oral submissions will be heard following the four-week consultation period.

Next steps

If Council approves the recommendation, staff aim to present an analysis of submissions and a proposed final version of the Bylaw to Council in the first quarter of 2024.

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

The operational cost of consultation to make the Maritime Facilities Bylaw is expected to be minimal (less than $1000 plus staff time and resources) and will be met from within existing budgets.

Āpitihanga / Attachments

1. Proposal Maritime Facilities Bylaw - A3846822 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	In line with the Significance and Engagement Policy the recommendation to continue the bylaw with amendment 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.	Sections 82, 145, 146, and 156 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.	Maritime facilities have District wide relevance. It is not within the delegations of the Community Boards. As the recommendation is to develop a district wide bylaw, the 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.	This bylaw regulates the use of existing maritime facilities. It does not provide for the building of new facilities. The proposed bylaw is consistent with the current bylaw. Therefore, the decision is not significant and does not relate to land and/or any body of water. Seeking the views and input of iwi in the development of bylaws is integral. Māori will be given an opportunity to contribute during the consultation stage of the bylaw development process.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	Affected and interested parties will be given an opportunity to share their views and preferences during the consultation phase. This includes: · Users of Maritime Facilities · Neighbouring Property Owners · Community groups concerned with Maritime Facilities · Far North Holdings · Northland Regional Council
State the financial implications and where budgetary provisions have been made to support this decision.	The cost of consultation to make the Maritime Facilities Bylaw is expected to be minimal (less than $1000 plus staff time and resources) and will be met from within existing budgets.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

21 September 2023

6.7 Cat Management Policy

File Number: A4345542

Author: Shayne Storey, Policy Advisor

Authoriser: Roger Ackers, Group Manager - Planning & Policy

Take Pūrongo / Purpose of the Report

To seek approval to develop a cat management policy.

WhakarĀpopoto matua / Executive Summary

· In 2019, the Keeping of Animals, Poultry and Bees Bylaw 2007 (the bylaw), which included cats, automatically revoked.

· On 04 May 2023, Council resolved to make a new bylaw.

· Research regarding the potential inclusion of mandatory microchipping and desexing of cats in a proposed Animal Nuisance Bylaw has identified substantial financial implications for Council.

· A cat management policy, that sits alongside an Animal Nuisance Bylaw (once developed) would be a more cost-effective instrument to assist in the regulation and management of cats.

tŪtohunga / Recommendation

That Council approve the development of a Cat Management Policy.

1) TĀhuhu kŌrero / Background

In 2019, the Keeping of Animals, Poultry and Bees Bylaw 2007 automatically revoked. This bylaw included restricting the number of cats per household in urban environments. On 04 May 2023, Council resolved to make a new bylaw to address animal nuisance (Resolution 2023/46 refers).

Complaints about cats include getting into garbage, excess noise, and a detrimental impact on the natural environment and biodiversity. Concerned community groups have been lobbying for mandatory microchipping and desexing of cats to address some of these issues.

Research regarding the potential inclusion of mandatory microchipping and desexing of cats in a proposed Animal Nuisance Bylaw has identified substantial financial implications for Council.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

No specific cat legislation currently exists in New Zealand. However, the Environment Select Committee recently recommended that central government create specific cat legislation. Government has until October 2023 to respond to that recommendation.

Territorial authorities have the powers to create bylaws under the Local Government Act 2002 for the following reasons:

· to protect the public from nuisance, and

· to protect, promote and maintain public health and safety

· minimising the potential for offensive behaviour in public

Additionally, the Local Government Act provides specifically for bylaws to regulate animals. There is some hesitancy, however, to develop bylaws that include desexing, microchipping and limiting cat numbers because of concerns regarding a valid legal basis to make a bylaw on such matters.

Currently, Council regulates cats through alternative instruments. For example, provisions in the District Plan allow for restrictions on the ownership of cats in Kiwi Zones to protect native flora and fauna.

Under the Biosecurity Act 1993, regional councils are responsible for protecting their regions’ biodiversity. Northland Regional Council (NRC) manages and controls feral cats across Te Tai Tokerau through the Northern Regional Council Regional Pest and Marine Pathway Management Plan 2017-2027. NRC also has a responsibility to provide appropriate funding to control or manage infestations of animals in Northland.

Regulation and enforcement of cats under a bylaw

· Bylaws made under the Local Government Act 2002 provide very limited powers to compel compliance with mandatory microchipping or desexing.

· The Local Government Act does not provide the opportunity to issue infringements (‘instant fines’) but provides the opportunity for prosecution under the bylaw when there is persistent breaches or non-compliance.

· A bylaw created under the Local Government Act may provide Council with opportunities to seize and impound animals when there is a breach of the bylaw.

· However, cats are not regulated under the Impounding Act 1955 and therefore, council would need to treat seized cats as property. Under section 164 of the Local Government Act, Council must hold seized property for a period of 6 months.

· Under the Animal Welfare Act 1999, Council must ensure all animals in their possession, custody, care, control or supervision are provided with food, water and shelter.

· Ownership of cats can be difficult to determine, particularly if the cat is not microchipped, making enforcement of the bylaw challenging.

Seven councils in Aotearoa have introduced bylaws related to cat microchipping, with only five of those also including mandated desexing. Submissions on this polarising topic have been strong from both sides, and some councils have abandoned the bylaw altogether due to the controversy it creates. For example, the Tasman District Council dropped their proposed bylaw, which would have required the microchipping of domestic cats in 2021 and opted to take an educational approach instead. So contentious is the cat management space, a special projects analyst recommends staff safety be carefully managed no matter what option council intends to pursue.

National Cat Legislation for New Zealand Background Document (2022)

The SPCA’s background document for the National Cat Legislation for New Zealand states that policies that mandate desexing are controversial due to concerns that perverse outcomes have or will occur if desexing is mandated.

Some of the outcomes from mandated desexing of cats in Australia were:

· No positive association between mandated desexing at 6 months of age and shelter intake or euthanasia.

· The legislation was difficult to enforce and/or inconsistently enforced.

· An increase in the number of animals surrendered to shelters was observed.

· Owners of lower-income status were disproportionately targeted.

· The Australian Veterinary Association and the Australian SPCA advocate for desexing, but do not support mandating desexing.

Examples from New Zealand Councils

· In 2019, Lower Hutt District Council had originally included mandatory desexing as part of their newly proposed animal control bylaws. However, they decided to not seek a requirement for desexing cats. A survey of Lower Hutt residents indicated a ‘promote and educate’ approach was more favoured.

· In September 2020, Selwyn District Council removed mandatory desexing and microchipping in their public consultation for their new animal control bylaw, due to the bylaw being too difficult to enforce and the Council having no ability to issue fines or fund enforcement without national legislation.

· In 2022, the Waitaki District Council opted for publishing Responsible Cat Guidelines in lieu of a bylaw. They collaborated with the SPCA on a Snip n Chip desexing and microchipping programme by providing $20,000 in funding. This generated goodwill, was well received by the public, and the uptake exceeded expectations.

Lessons Learnt from Whangārei District Council

Whangārei District Council introduced mandatory microchipping and desexing in 2022 for cats over six months of age. Bylaw implementation included the employment of a cat education officer as well as funding to subsidise community microchipping and desexing of cats. However, many unforeseen issues emerged, including:

· absence of facilities, staff, and resources to care for cats

o people now associated Council with ‘cats’ and arrived at the service desk to drop off abandoned and unwanted cats

o prohibitive cost of renting, owning and/or building cat facilities

o extra staff required to run facilities and enforce the bylaw

o increased pressure on front line staff presented with unwanted/abandoned cats

· cats were part of urban colonies being fed by people but not ‘owned’ by anyone, making enforcement difficult

· costs of desexing/microchipping challenging for low-income families

· local veterinarians do not have capacity to deal with increased desexing demand

· SPCA are over-capacity

· cat rescue organisations are overwhelmed due to increased demand

· rescue organisations are looking to Council for resources and support

· total Customer Relationship Management cat issue jobs from Sept 22 to June 23 = 237

· total number of cats that related to the jobs above from Sept 22 to June 23 = 519+

· Whangarei District Council staff recommend all facilities and resources (professional, educational, clinical, and financial) need to be in place first before microchipping and desexing become mandatory.

Costs of cat control under a bylaw

· establishment of community education roles

· estimate it will double the cost of animal control

o approximately double the number of animal control officers required

o council will need sufficient land or space for a cat containment pound

· capital cost of cat pound

· need to meet the codes of welfare for cats to behave naturally

· assisting compliance for people on low incomes

· desexing subsidies

· microchipping subsidies

· cat traps and other cat catching equipment

Further Considerations

· Housing animals with rescue organisations and/or the SPCA is not a viable option for our district at this time, as recues and the SPCA are overflowing with unwanted cats and kittens. Furthermore, SPCA no longer has facilities north of Kerikeri.

· The educative process is pivotal to any successful scheme. There cannot be successful regulation without a good social mandate behind it.

· Any regulation needs to be affordable by our low-income citizens.

· Annual funding of a microchipping and desexing programme is crucial to the successful management of cats under any considered scenario.

Options

Option one: Develop a cat management policy (recommended option)

Council develops a cat management policy. The cat management policy would state Council’s views on responsible cat ownership, such as microchipping and desexing. Ongoing annual grants would be required to ensure successful implementation and reduce the financial burden on low-income families.

Mandatory microchipping and desexing of cats would not be included in the Animal Nuisance Bylaw, once developed.

Advantages and disadvantages of developing a cat management policy

Advantages

· Council will not require significant ongoing financial resources for additional facilities and staff.

· General nuisance caused by cats will still be regulated in the proposed Animal Nuisance Bylaw.

· The public will have clear guidance regarding responsible cat ownership.

· The cat management policy will follow best practice policy processes.

· An educational campaign can be run in conjunction with the policy.

· Community goodwill is generated, as Council encourages responsible cat ownership and supports our people’s well-being.

· Minimal investment is required to make cat management successful in the district.

Disadvantages

· The policy is not a regulatory tool and therefore, does not have powers of prosecution.

· There is reputational risk due to some community members that support mandatory microchipping and desexing.

Option two: Include cats in the Animal Nuisance Bylaw (under development)

Advantages

· Council will have powers of seizure and prosecution.

· Council relationship is strengthened with community members that support mandatory microchipping and desexing.

Disadvantages

· Substantial ongoing resources will be required, prior to bylaw enactment, to fund necessary infrastructure and staff.

· Our community will be put under additional financial hardship to comply with the bylaw.

· There is potential for the unintended consequence of disproportionately targeting cat owners of lower-income status.

· Reputational risk associated with failure to enforce the bylaw may be realised.

· Increased pressure will be felt by SPCA and cat rescue organisations.

· Veterinary clinic capacity may be overextended.

· Public contention with Council and staff due to increased regulations may come in to play.

Option three: Do nothing. Do not include mandatory microchipping and desexing in the proposed Animal Nuisance Bylaw and do not develop a cat management policy.

Advantages

· Council will not require significant ongoing financial resources for additional facilities and staff.

· Our community will not be put under additional financial burden.

Disadvantages

· Short-term risk of not achieving the outcome of responsible cat ownership may be realised.

· Doing nothing may cause public contention with Council and staff due to lack of guidance or regulation.

· There is a long-term risk of losing the social licence to regulate because of unfulfilled expectations and loss of confidence in the system.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Developing a cat management policy will allow Council to address responsible cat ownership issues without substantial financial burden to ratepayers.

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

The cost of developing a cat management policy will be met from existing operational budgets.

Should a cat management policy be developed and adopted, the initial funding of that policy would be met from existing operational budgets ($15,000).

An annual grant of $20,000 would be required for a microchip and desexing programme for future financial years, or $0.13 (GST inclusive) in the general rate for every $100k of Land Value. This is pivotal to the success of the cat management policy.

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	In line with the Significance and Engagement Policy, the recommendation to develop a cat management policy will have little effect on financial thresholds, ratepayers, specific demographics, or levels of service. Therefore, the level of significance is low. The decision to adopt the policy in a future decision report, should this recommendation be approved, may have a higher level of significance.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	· Local Government Act 2002 · Animal Welfare Act 1999 · Health Act 1956 · Impounding Act 1955 · Biosecurity Act 1993 Our Community Outcomes · Proud, Vibrant Communities. · 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.	The recommendation has district wide relevance. Therefore, the views of the Community Boards have not been sought.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	This decision does not relate to land and/or any body of water. However, seeking the views and input of Māori in the development of policies is integral. Māori will be given an opportunity to contribute during the consultation stage of the policy development process.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	· Department of Conservation · Northland Regional Council · Forest & Bird · ratepayers/community · SPCA · cat rescue organisations, e.g., Coast to Coast Cat Rescue, BOI Animal Rescue, etc. · other rescues · veterinarians. Research was conducted which took these groups and their points of view into consideration. The groups will be given an opportunity to contribute during the consultation stage of the policy development process.
State the financial implications and where budgetary provisions have been made to support this decision.	The cost of developing a cat management policy will be met from existing operational budgets. Should a cat management policy be developed and adopted, the initial funding of that policy would be met from existing operational budgets ($15,000). An annual grant of $20,000 would be required for a microchip and desexing programme for future financial years, or $0.13 (GST inclusive) in the general rate for every $100k of Land Value. This is pivotal to the success of the cat management policy.
Chief Financial Officer review.	The Chief Financial Officer has reviewed the report.

Ordinary Council Meeting Agenda

21 September 2023

6.8 Temporary Road Closure - Kerikeri Half Marathon 2023

File Number: A4350806

Author: Hoani Fraser, Road Corridor Manager - TMC

Authoriser: Cara Downie, Business Support Manager

Take Pūrongo / Purpose of the Report

The purpose of this paper is to obtain Council approval for temporary road closures for the Kerikeri half marathon in the Far North.

WhakarĀpopoto matua / Executive Summary

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

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

· Advertising of each event will take place approximately 42 days before proposed event and 1 week before the event in accordance with the transport Regulations 1965

· Without Council approval the Kerikeri half marathon cannot take place.

tŪtohunga / Recommendation

That Council approves the proposed temporary road closure for the Kerikeri Half Marathon 2023 to enable safe operations.

1) TĀhuhu kŌrero / Background

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

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

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

The Public Notice for the proposed temporary road closures will be advertised in the Northern News & Bay Chronicle 42 days and 7 days in advance of the event.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

To enable the Kerikeri half marathon 2023 to take place.

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

No budgetary implications.

Āpitihanga / Attachments

1. NTA Temporary Road Closure Kerikeri Half Marathon 2023 - A4350931 ⇩

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.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Local relevance
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	No specific implications for Māori have been identified.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	N/A
State the financial implications and where budgetary provisions have been made to support this decision.	No budgetary implications.
Chief Financial Officer review.	The Chief Financial Officer has no reviewed this report.

Ordinary Council Meeting Agenda

21 September 2023

6.9 Te Miromiro - Assurance, Risk and Finance Committee Terms of Reference Amendment

File Number: A4377514

Author: Casey Gannon, Manager - Democracy Services

Authoriser: Jacine Warmington, Group Manager - Strategic Relationships

Take Pūrongo / Purpose of the Report

Council adopted the Te Miromiro – Assurance Risk and Finance Terms of Reference on 22 December 2022. To align with the Office of the Auditor General’s guidance the Terms of Reference amendments include increasing meeting frequency from quarterly to six weekly starting in 2024 and decreasing quorum from seven to six.

WhakarĀpopoto matua / Executive Summary

· Increase frequency of meetings for Te Miromiro – Assurance, Risk and Finance Committee for additional governance oversight of the Te Miromiro – Assurance, Risk and Finance Committee work programme from 2024.

· Amend quorum for Te Miromiro – Assurance, Risk and Finance Committee.

tŪtohunga / Recommendation

That Council adopt the amended Te Miromiro – Assurance Risk and Finance Terms of Reference.

1) TĀhuhu kŌrero / Background

15 December 2022 Council adopted the Te Miromiro – Assurance, Risk and Finance Committee Terms of Reference where the meeting frequency was agreed to be quarterly. There is clear guidance from the Office of the Auditor General that the Assurance, Risk and Finance Committee has an important role to play in the Long-Term Planning process. Far North District Council began its Long-Term Planning process in August 2023 an increase in meeting frequency is recommended to begin from 2024.

With the increased frequency of meeting and the demands on current members the reduced quorum will enable members to be present and available for all meetings. Quorum is suggested to be reduced from seven to six to ensure the committee has full quorum at all meetings.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Option 1 – Amend the Terms of Reference - recommended

Amend the Terms of Reference of the Te Miromiro – Assurance, Risk and Finance Committee to increase the meeting frequency from quarterly to six weekly. This aligns the committee with other Far North District Council committees meeting frequency and will allow the Te Miromiro – Assurance, Risk and Finance Committee to recommend matters to Council that require committee oversight. The amended Terms of Reference also recommends the quorum is reduced from seven to six to ensure all meetings meet quorum.

Option 2 – Do nothing

In this option, the Terms of Reference would remain the same. This could require Te Miromiro – Assurance, Risk and Finance Committee to call special or extraordinary meetings for the governance oversight the committee has been delegated to achieve; for example (but not limited to) oversight of Long-Term Planning risks and finances, Annual Reports, Audit Compliance and Reporting, Risk Registers and Reporting.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Te Miromiro – Assurance, Risk and Finance Committee require an increase in meeting frequency and the ability to appoint independent (external to Council) members if required. Members of the Committee should have a broad range of skills and experiences, both relevant to the operations of the council as well as to the risk profile of the council.

For the increased meeting frequency (from quarterly to 6 weekly) to be effective a reduction in quorum (from seven to six) is also recommended.

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

The increase in meeting frequency will require a variation to Chair Graeme McGlinn’s contract, yet to be negotiated – indicative increase in table below.

Meeting Frequency (1 Feb – 12 Dec 2024)	Projected Increase to Contract (using current contract which includes travel, accommodation)
4 weekly (12 meetings in 2024 from 4 meetings in 2023)	$36k Annual – Increase current by $24k
6 weekly *(7 meetings in 2024 from 4 meetings in 2023)*	$21k Annual – Increase current by $9k
8 weekly (6 meetings in 2024 from 4 meetings in 2023)	$18k Annual – Increase current by $6k

Āpitihanga / Attachments

1. 3. Register of Delegations for Te Miromiro - Assurance, Risk and Finance Committee 2022 triennium with amendments - A4379339 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The Local Government Act is the relevant legislation regarding provision for committees and financial delegations.
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.	Community Board views have not been sought as this is a matter for Councillors to determine the delegations for Committees.
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 due to the amendments recommended to the register of delegations on Māori.
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).	There are no particular implications on any group or identified persons.
State the financial implications and where budgetary provisions have been made to support this decision.	If the meeting frequency increases from 4 per year (quarterly) to 6 weekly the independent (external to Council) Chair’s contract will need to be increased by $9k for 2024.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

21 September 2023

6.10 Amendment to Far North District Council Standing Orders to Align with Local Government Electoral Act Changes

File Number: A4379516

Author: Casey Gannon, Manager - Democracy Services

Authoriser: Jacine Warmington, Group Manager - Strategic Relationships

Take Pūrongo / Purpose of the Report

To seek an amendment to Far North District Councils’ Standing Orders to indefinitely allow for virtual attendance of elected members at Council meetings in line with the Local Government Electoral Legislation Act changes that were passed in August 2023.

WhakarĀpopoto matua / Executive Summary

· During the COVID-19 pandemic and severe weather events virtual attendance of elected members was allowed to count toward quorum for Council meetings. However, this was only allowed for a period of time, ending 30 September 2023.

· Local Government New Zealand (LGNZ) reviewed Standing Orders in September 2022 and then Far North District Council adopted Standing Orders in November 2022.

· Standing Orders 12.8 Member’s status: quorum, and 12.9 Member’s status: voting require amendments to align with Local Government Electoral Legislation Act changes.

tŪtohunga / Recommendation

That Council adopt the amended Standing Orders 2023.

1) TĀhuhu kŌrero / Background

Standing Orders are a set of rules of debate that apply to all meetings of Council and its committees and subcommittees, including Community Boards. Standing Orders ensure the legal requirements of the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987 are met. They also provide clarity as to what is expected of the members within a meeting and generally cover procedures to enable meetings to be held in a fair and transparent manner.

Standing Orders are regularly reviewed by a group of local government practitioners, facilitated by Local Government New Zealand (LGNZ). Following each review process LGNZ they release a recommended template version of Standing Orders for each Council to adopt, or tweak as their own. Each set of changes to Standing Orders generally keeps the same intent and principles, in alignment with legislation, but tweaks the wording to clarify each point.

The most recent review of LGNZ Standing Orders were made available to New Zealand Council’s in September 2022.

On 24 August 2023 the Local Government Electoral Legislation Act 2022 passed its third reading which includes an amendment that allows members attending meetings by audio-visual link to be counted towards meeting quorum (subject to councils amending their standing orders to do so).

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

OPTION 1 – adopt amended Standing Orders

12.8 Member’s Status: Quorum

Members who attend meetings by electronic link will be counted as present for the purposes of a quorum.

12.9 Member’s Status: Voting

Where a meeting has a quorum, determined by the number physically or virtually present, the members attending by electronic link can vote on any matters raised at the meeting.

OPTION 2 – do not adopt amended Standing Orders

12.8 Member’s Status: Quorum

Members who attend meetings by electronic link will not be counted as present for the purposes of a quorum.

12.9 Member’s Status: Voting

Where a meeting has a quorum, determined by the number physically present, the members attending by electronic link can vote on any matters raised at the meeting.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

To align Far North District Council Standing Orders with the current changes in legislation.

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

No financial implications as the changes are applied as part of business-as-usual best practice.

Āpitihanga / Attachments

1. Standing Orders - September 2023 - A4381209 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The Local Government Electoral Act is the relevant legislation regarding provision for virtual attendance to meetings.
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.	Community Board views have not been sought as this is a matter for Councillors to determine.
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 due to the amendments recommended to the Standing Orders on Māori.
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).	There are no particular implications on any group or identified persons.
State the financial implications and where budgetary provisions have been made to support this decision.	No financial implications.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Ordinary Council Meeting Agenda

21 September 2023

6.11 Provincial Sector Elections August 2023 - Chair and National Council Representative

File Number: A4374401

Author: Marlema Baker, Democracy Advisor

Authoriser: Casey Gannon, Manager - Democracy Services

Take Pūrongo / Purpose of the Report

For the Far North District Council to formalise its vote for the role of Provincial Sector Chair and National Council Representative for Local Government New Zealand (LGNZ).

WhakarĀpopoto matua / Executive Summary

· Provincial Councils across New Zealand were given an opportunity to provide a nomination for the role of Provincial Sector Chair and National Council Representative for Local Government New Zealand (LGNZ);

· Three candidates have been confirmed.

· All three candidate are seeking election for the role of Sector Chair role and two are also interested in the National Council representative role.

· The candidates are;

o Mayor Neil Holdem, New Plymouth District Council – candidate for the Chair role.

o Mayor Tim King, Tasman District Council – candidate for both roles.

o Mayor Helen Worboys, Manawatu District Council - candidate for both roles.

· Voting will take place on 22 September 2023.

tŪtohunga / Recommendation

That the Far North District Council;

a) votes in favour of Mayor xxx of xxx District Council for Chair of Local Government New Zealand.

b) votes in favour of Mayor xxx of xxx District Council for National Council Representative of Local Government New Zealand.

1) TĀhuhu kŌrero / Background

Local Government New Zealand (LGNZ) supports and advocates for Councils across New Zealand. LGNZ is led by a National Council members who act as the governing body of LGNZ, set and guide policies and oversee them to point of achievement.

The Far North District Council is a member of the Provincial sector of LGNZ.

Provincial Councils across New Zealand are required to vote for their preferred candidate/s for the roles of Provincial Sector Chair and National Council Representative.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

A copy of the candidate information is attached to this report.

The candidate options are:

o Mayor Neil Holdem, New Plymouth District Council – candidate for Chair role only.

o Mayor Tim King, Tasman District Council – candidate for both roles.

o Mayor Helen Worboys, Manawatu District Council - candidate for both roles.

Staff have not provided a recommendation as consideration and final determination resides with the Councillors.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Due to the timeframe for voting this report could not be postponed as the appointments will be determined by vote on 22 September 2023.

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

There are no financial implications as a result of this report.

Āpitihanga / Attachments

1. Provicial Sector Elections Candidate Information - A4371644 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Not Applicable
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 Far North District Council is a member of the Provincial Sector of LGNZ’s National Council.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	This is a governance election to a local authority regulating body and as such has no particular implication for Māori
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).	None – this report relates soley to a governance election.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Ordinary Council Meeting Agenda

21 September 2023

6.12 Committee Recommendations and Resolutions - September 2023

File Number: A4376589

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 7 September 2023 – Te Kuaka – Te Ao Māori Committee

o 11 September 2023 – Te Koukou – Transport Committee

· 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 Te Ao Māori Committee and Te Koukou Transport Committee make the following recommendations to Council.

TŪTOHUNGA / Recommendation

That Council :

Te Kuaka – Te Ao Māori Committee - Item 6.1 - Te Reo Māori and Tikanga Policy

a) approve the Te Reo Māori and Tikanga Policy, and

b) authorises the Chief Executive to make minor changes to the Te Reo Maori and Tikanga Policy to correct grammatical or spelling errors, or formatting.

Te Kuaka – Te Ao Māori Committee - Item 6.2 - Te Pae o Uta – Te Ao Māori Framework

a) recommend that Council approve the Te Pae o Uta – Te Ao Māori Framework, and

b) authorises the Chief Executive to make minor changes to the Te Pae o Uta – Te Ao Māori Framework to correct grammatical or spelling errors, or formatting.

That Council :

Te Koukou – Transport Committee – Item 4.2 Petition from Far North District Council for Central Government to Address Funding Shortfalls for State Highway Maintenance

authorise the Chief Executive Officer and Council staff to make the New Plymouth District Council’s petition calling for a Citizens Initiated Referenda available for members of the public to sign at appropriate Council facilities and online on Council’s social media and website

Te Koukou – Transport Committee – Item 4.3 SH11 Shared Use Path from Paihia to Waitangi

a) does not decline the funding for the proposed shared path along SH11 from Paihia to Waitangi; and that,

b) the Community Board work with Northland Transport Alliance, the local community, including iwi/hapu, to redefine the scope of the project to enable the delivery of an affordable, fit-for purpose solution for the community.

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:

7 September 2023 – Te Kuaka – Te Ao Māori Committee

Agenda of Ordinary Te Kuaka - Te Ao Māori Committee Meeting - Thursday, 7 September 2023 (fndc.govt.nz)

Te Kuaka – Te Ao Māori Committee - Item 6.1 - Te Reo Māori and Tikanga Policy

That Council;

a) approve the Te Reo Māori and Tikanga Policy, and

b) authorises the Chief Executive to make minor changes to the Te Reo Maori and Tikanga Policy to correct grammatical or spelling errors, or formatting.

Te Kuaka – Te Ao Māori Committee - Item 6.2 - Te Pae o Uta – Te Ao Māori Framework

That Council;

a) recommend that Council approve the Te Pae o Uta – Te Ao Māori Framework, and

b) authorises the Chief Executive to make minor changes to the Te Pae o Uta – Te Ao Māori Framework to correct grammatical or spelling errors, or formatting.

11 September 2023 – Te Koukou Transport Committee

Agenda of Te Koukou - Transport Committee Meeting - Monday, 11 September 2023 (fndc.govt.nz)

Te Koukou – Transport Committee – Item 4.2 Petition from Far North District Council for Central Government to Address Funding Shortfalls for State Highway Maintenance

That Council authorise the Chief Executive Officer and Council staff to make the New Plymouth District Council’s petition calling for a Citizens Initiated Referenda available for members of the public to sign at appropriate Council facilities and online on Council’s social media and website

Te Koukou – Transport Committee – Item 4.3 SH11 Shared Use Path from Paihia to Waitangi

That Council;

a) does not decline the funding for the proposed shared path along SH11 from Paihia to Waitangi; and that,

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. Te Kuaka Te Ao Maori Committee Minutes - 7 September 2023 - A4375020 ⇩