Agenda of Ordinary Council Meeting - Thursday, 19 October 2023

19 October 2023

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

5.1 Confirmation of Previous Minutes

File Number: A4417817

Author: Imrie Dunn, 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 21 September 2023 as a true and correct record.

1) Background

Local Government Act 2002 Schedule 7 Section 28 states that a local authority must keep minutes of its proceedings. The minutes of these proceedings duly entered and authenticated as prescribed by a local authority are prima facie evidence of those meetings.

2) Discussion and Options

The minutes of the meetings are attached.

Far North District Council Standing Orders Section 27.3 states that no discussion shall arise on the substance of the minutes in any succeeding meeting, except as to their correctness.

Reason for the recommendation

The reason for the recommendation is to confirm the minutes are a true and correct record of the previous meeting.

3) Financial Implications and Budgetary Provision

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

Attachments

1. 2023-09-21 Council Minutes - A4397268 ⇩

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

19 October 2023

6 Ngā Pūrongo / Reports

6.1 Far North Holdings Limited - Director Appointment

File Number: A4338301

Author: Casey Gannon, Manager - Democracy Services

Authoriser: Jacine Warmington, Group Manager - Strategic Relationships

Take Pūrongo / Purpose of the Report

To confirm appointment of new Director to Far North Holdings Limited.

WhakarĀpopoto matua / Executive Summary

· Far North Holdings Director Appointment recruitment process is completed with Jane Francis appointment effective 1 November 2023.

· Far North District Council Te Pīpīwharauroa – External Members Appointment Committee played a role in the recruitment process.

tŪtohunga / Recommendation

That Council receive the Far North Holdings Limited Director Appointment Report.

1) TĀhuhu kŌrero / Background

Council’s policy is that directors serve no longer than nine consecutive years. An exception was made to the policy and extension granted. A replacement has now been appointed and accepted by Jane Francis beginning her term 1 November 2023.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Receive the Far North Holdings Limited Director Appointment Report.

Leave the Far North Holdings Limited Director Appointment Report to lie on the table.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

To confirm appointment of new Director to Far North Holdings Limited.

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

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

Āpitihanga / Attachments

Nil

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This matter is of low significance.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Staff will be following the Appointment and Remuneration of Directors for Council Organisation policy through this process.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	This is a matter of district relevance; therefore the views of the Community Board have not been sought. This report also has not been to Te Miromiro - Assurance Risk and Finance Committee for discussion. Although the Committee have a responsibility of oversight over Council Controlled organisations the timelines for reporting did not allow for a discussion at the Committee prior to Council decision.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	There are no specific implications on Māori in considering this extension.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	This report does not impact any persons identified by legislation.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications or need for budgetary provision.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Ordinary Council Meeting Agenda

19 October 2023

6.2 Unbudgeted Capital Funding - 146 Tokerau Beach Road.

File Number: A4371002

Author: Andy Finch, District Engineer

Authoriser: Guy Holroyd, Chief Executive Officer

Take Pūrongo / Purpose of the Report

To obtain approval of unbudgeted capital expenditure do address wastewater overflow and stormwater flooding issues at 146/148 Tokerau Beach Road.

WhakarĀpopoto matua / Executive Summary

· Council have received a complaint about wastewater overflow and storm water flooding at private property at 146/148 Tokerau Beach Road.

· The wastewater issue relates to Council assets which have capacity issues.

· The storm water issue relates to the height of adjacent land and properties. Stormwater from adjacent properties and other open ground flows into 146/148 Tokerau Beach Road, which is a natural hollow.

· The proposal is for unbudgeted capital funding to address both issues.

tŪtohunga / Recommendation

That Council:

a) approve unbudgeted capital expenditure for 2023/24 as follows:

i) $366,000 including contingency to address wastewater overflows at 146/148 Tokerau Beach Road

ii) $156,000 including contingency to address storm water flooding at 146/148 Tokerau Beach Road.

b) approve the work being delivered through the Far North Waters Alliance.

1) TĀhuhu kŌrero / Background

In May this year staff were approached by the owner of property at 146/148 Tokerau Beach Road outlining problems that have been experienced during storm events from waste water overflows and stormwater flooding in two combined plots. This was evidenced by photographs and insurance claims. In particular:

On the 6th of May this year an event occurred at my property. The council sewerage pipes could not cope with the flow of water and raw sewerage and backed up, resulting in raw sewerage along with waste water flowing out of the gully traps at my home and inundating the lower level of the house, the garage and the lawn area with raw sewerage. Despite our best efforts with a submersible pump this occurred for a second time on the 7th of May. This is the third incident of this happening in the last 12 months with the first one also being reported to council. This did not involve contamination of the house in this instance.

A subsequent site visit and meeting with the property owner was undertaken. The owner outlined the losses that he had incurred including remediation of the property, including removal and replacement of carpets and tile, drapes, kitchen and lower wall areas. The property owner has flagged an intention to claim for the excess on his insurance policy and if this eventuates it will be dealt with by staff at the time.

A car parked in a flooded area

Description automatically generated

The site visit identified two potential issues that could be contributing:

1. The capacity of the existing wastewater network noting the possibility of stormwater infiltration.

2. No stormwater reticulation serving the area. All stormwater is managed through soakage. 146/148 Tokerau Beach Road is bordered by higher properties, and forms a natural hollow. .

The consenting team have visited both the site and neighbouring properties and have identified no breaches of building consents.

146/148 Tokerau Beach Road comprises two plots, one developed and one vacant. They are owned by the same person.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Staff have investigated possible solutions to both the wastewater and storm water issue.

Wastewater

The existing FNDC Whatuwhiwhi wastewater network hydraulic model, developed as part of asset management work in 2022/23, has been used to develop and model a solution. This solution entails upgrading the existing 150mm uPVC pipeline between the existing manhole located in the property of 146/148 Tokerau Beach Road and the existing pumpstation with a 300mm uPVC pipe. This will provide additional capacity downstream of where the wastewater overflow occurs and will provide greater resilience for future growth or reticulation upgrades.

A map of a town

Description automatically generated

The cost of this work has been estimated to be $305,000 plus a contingency sum of 20% ($61,000), noting risk around maintaining existing service during constriction and the poor ground conditions (sand).

Storm Water

The Tokerau Beach Road are comprises in the main soakage to ground, with the underlying soil type being mainly sand. There is very little reticulation.

Hydraulic modelling software was used to construct a stormwater reticulation model and assess its performance against various storm profiles. The resultant proposed solution requires the installation of a new 300mm uPVC pipe that connects to the existing stormwater network.

The proposed stormwater solution acknowledges that there is a 500mm static head difference between the lowest point of 148 Tokerau Beach Road and the existing outfall. The intent was to achieve a solution that is low maintenance and has a design life of a 100 years. The only component in the proposed solution that needs to be replaced within 25-year cycles is a 300mm stainless steel non-return check valve that addresses the head difference. At a point in the future, it would be prudent to consider replacing the non-return valve with a stormwater pumpstation.

Aerial view of a road and a city

Description automatically generated with medium confidence

The cost of this work has been estimated to be $130,000 plus a contingency sum of 20% ($26,000), noting the risk around the poor ground conditions (sand).

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

To address a waste water overflow and storm water flooding issuing occurring at 146/148 Tokerau Beach Road. This has been identified to Council by the property owner.

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

The work identified in this report is unbudgeted capital expenditure. The debt will either be rated for from 1 July 2024 through the Long Term Plan provisions, or will transfer to Wai Tāmaki ki Te Hiku.

Approval of the funding sits outside the delegated financial authority of staff.

Āpitihanga / Attachments

Nil

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	N/A
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	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.	None identified as project is about relieving wastewater and stormwater flooding to a private property.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	N/A
State the financial implications and where budgetary provisions have been made to support this decision.	As detailed in report.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

19 October 2023

6.3 Easement required over Local Purpose Reserve pursuant to s 48 Reserves Act 1977, servicing Kerikeri Wastewater Treatment Plant

File Number: A4371505

Author: Carla Ditchfield, Manager - Legal Services

Authoriser: Janice Smith, Group Manager - Corporate Services

Take Pūrongo / Purpose of the Report

To seek Council approval to obtain easement over Reserve for purposes of utilities required for the Kerikeri wastewater treatment plant. This granting of easement will serve as an easement in gross in favour of Top Energy and is particularised as areas U and V on Title Plan LT 548772.

WhakarĀpopoto matua / Executive Summary

· Administrative work following the operational Kerikeri wastewater treatment plant (“the Plant”) is being finalised.

· This work incorporates the surveying and registration of easements for utilities servicing the Plant. Most of this work is complete.

· The purposes of today’s report is to formally record Council’s approval to grant easement in gross in favour of Top Energy over Council reserve for purposes of conveying electricity supply to the Plant.

· Section 48 of the Reserves Act 1977 requires that Council must approve the granting of an easement over a reserve. This report seeks to record that administrative step. In reliance on section 48(3) of the Reserves Act 1977, public notification is not required.

· The reserve also currently houses (underground) sewage infrastructure, and telecommunications utilities. All which service the Plant. An easement for these utilities is not required as Council is the owner of the land and the infrastructure.

tŪtohunga / Recommendation

That Council:

a) approve the granting of easement pursuant to section 48 of the Reserves Act 1977 over Lot 18 DP 321731, a Local Purpose (Esplanade) Reserve, for the purpose of electricity conveyance to the Kerikeri wastewater treatment plant.

b) note the granting of this easement will serve as an easement in gross in favour of Top Energy and is particularised as areas U and V on Title Plan LT 548772.

1) TĀhuhu kŌrero / Background

The Plant is operational. The remaining detail is the registration of easements against land titles; easements negotiated and agreed upon with relevant landowners. The easements surveyed and registered on land titles house the utility infrastructure required to service the Plant. This administrative work is progressing and nearing completion.

The purpose of today’s report is to seek Council’s approval to grant easement across Council reserve in favour of Top Energy for the conveyance of electricity currently servicing the Plant.

The land parcel in Council ownership affected by electricity conveyance is Lot 18 DP 321731, a Local Purpose (Esplanade) Reserve within the meaning of the Reserves Act 1977. A copy of the record of title Lot 18 DP 321731 is attached to this report. The land is located at the end of Okura Drive, Kerikeri (refer map below).

A map of a road

Description automatically generated

The electricity infrastructure currently housed underground and affecting Lot 18 DP 321731 is confined to the areas outlined on Title Plan LT 548772 as U and V (refer below). You will see that the surveyed easement areas are two slivers of land that run more or less along the southern and western boundary of Lot 18 DP 321731.

A map of a runway

Description automatically generated

Section 48 of the Reserves Act requires that Council approve any granting of easement across any part of a reserve.

The approval of the granting of easement comes to you as a retrospective action, but required none the less under the Reserves Act 1977.

All utilities are in place and below ground, all utilities are required to service the Plant. In reliance on section 48(3) of the Reserves Act, public notification is not required.

For your information, the reserve (Lot 18 DP 321731) also currently houses (underground) sewage infrastructure, and telecommunications utilities. All which service the Plant. An easement for these utilities is not required as Council is the owner of the land and the infrastructure. Additionally, the provision of a water pipeline may be required in the future for which an easement will not be required.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Option 1

Approve the granting of easement pursuant to section 48 of the Reserves Act 1977 over Lot 18 DP 321731, a Local Purpose Esplanade Reserve, for the purpose of utilities servicing the Kerikeri wastewater treatment plant. Those services being telecommunications, sewage, water and an easement in gross in favour of Top Energy for conveyance of electricity.

Option 2

Not approve the granting of easement pursuant to section 48 of the Reserves Act 1977 over Lot 18 DP 321731, a Local Purpose Esplanade Reserve, for the purpose of utilities servicing the Kerikeri wastewater treatment plant. Those services being telecommunications, sewage, water and an easement in gross in favour of Top Energy for conveyance of electricity.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Option 1 is preferred as the work is complete, the administrative act of easement registration remains. Council’s approval to grant easement is a retrospective action.

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

All costs associated with easement agreements, surveying and registration have been incorporated in the project and property legalisation budgets.

Āpitihanga / Attachments

1. A4416265 attachment 1 ROT Lot 18 DP 321731 - A4416252 ⇩

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.	Reserves Act 1977
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.	Kerikeri 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 consultation required, pursuant to s 48(3). Engagement was carried out for the WWTP project
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.
State the financial implications and where budgetary provisions have been made to support this decision.	Incorporated in project and property legalisation budgets.
Chief Financial Officer review.	CFO

Ordinary Council Meeting Agenda

19 October 2023

6.4 Kerikeri-Waipapa Spatial Plan Project - Public Engagement on Emerging Themes

File Number: A4397454

Author: Jaye Michalick, Team Leader – Growth Planning & Placemaking

Authoriser: Roger Ackers, Group Manager - Planning & Policy

Take Pūrongo / Purpose of the Report

To provide Council with an update on the progress of the Kerikeri-Waipapa Spatial Plan (Te Pātukurea) Project and to seek endorsement from Council to undertake public engagement in November/December 2023 on emerging themes for Te Pātukurea as set out in this report.

Feedback from the planned public engagement will be an integral component (along with procurement of critical evidence) in developing the emerging themes into the objectives of Te Pātukurea, which will then support the identificaiton of the preferred growth option.

Representatives of the hapū rōpū governance body for Te Pātukurea have contributed to and recommend approving the emerging themes contained in this report. Attachment 1 lists the hapū represented in the project governance body.

WhakarĀpopoto matua / Executive Summary

· Section 1 of this report provides an update on the progress of Te Pātukurea Project.

· Section 2 of this report sets out the specific material (emerging themes) that staff are seeking approval from Council to undertake public engagement on in November/December 2023.

· The emerging themes have been developed from stakeholder and hapū engagement carried out to date for Te Pātukurea and the final versions contained in this report were finalised by staff and hapū rōpū representatives at a hui on 9 September 2023.

· The planned public engagement includes ‘closing the loop’ with the stakeholders (e.g., critical friends) that were engaged with leading up to this phase, to advise them of the outcomes of that early engagement, encourage them to participate in next steps, and outline planned further engagement for these groups with this project.

tŪtohunga / Recommendation

That Council approve for public engagement in November/December 2023 the emerging themes for Te Pātukurea (Kerikeri-Waipapa Spatial Plan) as set out in this report.

1) TĀhuhu kŌrero / Background

· The project to produce Te Pātukurea commenced in late 2021, including establishing a governance structure with a hapū rōpū decision making body to make recommendations to Council. Attachment 1 contains a diagram of the project governance structure and lists the 8 hapū represented.

· Between late 2021 and late 2022 the project team undertook engagement with hapū representatives, stakeholders, government agencies, subject matter experts and community groups to facilitate the development of a draft foundation document. The draft foundation document set out issues and themes and provided early drafts for 4 potential growth scenarios.

· On 6 September 2022, Councils Strategy and Policy Committee resolved to hold off on taking the draft foundation document out for public engagement until mid-2023, to allow submissions on the Far North Proposed District Plan (PDP) to be factored into Te Pātukurea, and to allow a cultural impact assessment (CIA) to be drafted for the project. In June 2023 the CIA was completed and a summary of decisions requested has been completed for the PDP.

· In May 2023 the newly formed Growth Planning and Placemaking Team (GPP team) took over the responsibility for progressing Te Pātukurea.

· The GPP team has established a best practice process to guide completion of Te Pātukurea. This process includes separating topics in the draft foundation document into those which can be consulted on now (emerging themes) and those which will benefit from procurement of evidence to support them (growth options informed by a Housing and Business Development Capacity Assessment, for example). The project process is outlined in the program of works provided in Attachment 2.

· The program to complete Te Pātukurea will require a further round of public engagement on growth options in mid-2024, with project completion scheduled for the end of 2024. This step will require further input and endorsement from elected members.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Review of the project process identified the need to take emerging themes out for public engagement in 2023 while simultaneously obtaining evidence necessary to develop the draft growth options into robust and defensible options. Feedback from the public engagement planned in November/December will enable the emerging themes to be developed into objectives for Te Pātukurea. The objectives can then inform decision making criteria to support the identification of a preferred growth option.

The public engagement planned for November/December 2023 is the first opportunity that the general public have to learn about Te Pātukurea. Along with seeking feedback on the emerging themes, staff will take the opportunity to share key messages that inform the community about what a spatial plan is, why we are preparing one for Kerikeri-Waipapa and how Te Pātukurea will fit into a district wide spatial strategy. The planned engagement will include face to face events that can be supported by elected members who have an interest in this project. Further details on these events will be shared with elected members once finalised. Messaging will also include next steps for the project, including outlining the next round of public engagement to occur in mid-2024.

The emerging themes that we will be seeking public feedback on are set out below. An earlier draft of these emerging themes was workshopped with elected members on 5 September.2023. Members may notice that the themes have changed slightly from the content presented on 5 September, these changes have occurred because of the review and recommendation process undertaken with the hapū rōpū Governance body on 25 September 2023 and from feedback at the elected member workshop.

Emerging Themes (prioritised from 1 to 6):

1. Protect and enhance te Taiao, for example

a. Protecting and enhancing the river system and the natural environment.

b. Future developments enhance the biodiversity of the area.

c. Taonga species are protected and introduced predators are managed.

d. Employ best-practice water sensitive design (a design approach which considers stormwater management in parallel with the ecology of a site, best practice urban design, and community values).

e. Better access and connectivity to the natural environment (particularly coastal and waterways).

2. Cultural, for example

a. For the hapū rōpū, their people need to see themselves reflected, and their culture expressed, across Te Pātukurea area.

b. Development should enhance the cultural footprint of hapū, including protection and maintenance of wāhi tapu and sites of significance.

c. Te Pātukurea must reflect cultural values, for example atuatanga, whakapapa, kaitiakitanga, manaakitanga, and rangatiratanga.

3. Housing, for example

a. Providing for and prioritising social and affordable housing options

b. Supportive of intensification with:

i. good design principles,

ii. provision of social infrastructure,

iii. good connectivity,

while protecting the character of Kerikeri and Waipapa.

c. Develop design guidelines for Kerikeri and Waipapa.

d. Address rural lifestyle demand.

e. Supporting existing rural settlements.

4. Climate Change, for example

a. Responding to the impacts of climate change (such as flooding and drought) by having clear plans for climate adaptation, resilient infrastructure and coordinated emergency response.

b. Invest in low carbon and energy efficient options for transport, housing, and infrastructure where suitable.

c. Nature based solutions to tackle climate change (i.e., tree planting, wetland restorations).

5. Resilient Economy for example

a. Enabling the development of a variety of businesses to establish and thrive in the right places.

b. Education opportunities, skilled work force and a higher wage economy.

c. Certainty for business and developers.

d. Green economics.

e. Preserve quality soils for horticulture and agriculture.

f. Achieve good urban form.

6. Transport / infrastructure / services, for example

a. Efficient and effective transport networks.

b. Multi modal/lower carbon transport options

c. Sufficient three waters infrastructure to support development.

d. Providing community services, particularly medical facilities

e. Better freight connections.

What we want to know from the public engagement:

· Which emerging themes matter most to you?

· Have we got the key focus areas within each of these emerging themes right?

· What does success look like for Kerikeri-Waipapa in 30 years?

· Have we missed any key themes or issues?

Proposed communication and engagement methods:

· Local radio advertising in English and Te Reo.

· Website presence and online survey.

· Pop up stalls at local events (which would benefit from attendance by interested elected members).

· Information stands in key community locations.

· Social media campaign and online advertising.

· Hard copy feedback forms, flyers, posters, paper advertising.

· E-newsletter, email account and phone number points of contact.

· Sharing comms with key community groups for distribution through their networks.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Through the previous Strategy and Policy Committee resolution (6 September 2022) Council has committed to undertaking public engagement on draft concepts for Te Pātukurea. Having public engagement on the emerging themes at this stage of the project aligns with a best practice approach to spatial planning and enables the draft growth options to be developed and refined with evidence before those options are taken out for public engagement next year. Undertaking engagement in November/December 2023 will also address public expectation that there will be public engagement on this project in 2023.

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

These costs have been budgeted for within the financial year 23/24 cost centre for the growth planning and placemaking team.

Āpitihanga / Attachments

1. Attachment 1 Project governance structure and hapū represented - A4408588 ⇩

2. Attachment 2 Te Pātukurea program - A4408589 ⇩

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	Staff consider this decision to be of low significance (it does not involve the transfer of ownership or control of a strategic asset, and it is not inconsistent with Council plans or policies
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The Spatial Planning Act 2023 The Natural and Built Environment Act 2023 The Resource Management Act 1991 National Policy Statement – Urban Development 2020 Local Government Act 2002 Far North District Council Proposed District Plan
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 extent of the Spatial Plan for Kerikeri-Waipapa is contained with the boundaries of the Bay of Islands-Whangaroa Community Board. However, the implications from the adoption of Spatial Plan for Kerikeri-Waipapa has District Wide relevance. Members of the Bay of Islands-Whangaroa Community Board have participated in workshops on the Kerikeri-Waipapa Spatial Plan in September 2021 and May 2022. Staff from the Kerikeri-Waipapa Spatial Plan Project presented to the Bay of Islands-Whangaroa Community Board on 28 September 2023.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	There are wide reaching implications for Māori, whenua Māori, awa and moana that come from the recommendation in this report. Māori have been provided with the opportunity to participate in the decision-making process by (1) the forming of a Hapū Governance Group (hapū rōpū) made up of Hapū with an interest in the Kerikeri-Waipapa Area. This rōpū have had multiple hui and form part of the governance of the Kerikeri-Waipapa Spatial Plan. The Hapū Rōpū is a partner alongside the Far North District Council on the development and decision on the making of the Spatial Plan for Kerikeri-Waipapa.
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 numerous community groups who have been engaged throughout the project to date, these groups will continue to be engaged with at relevant milestones across the project.
State the financial implications and where budgetary provisions have been made to support this decision.	There is no requirement for further budgetary provisions to be made as result of the recommendation in this report.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

19 October 2023

6.5 Road Re-Naming - Pera Road Waima back to Peras Road

File Number: A4413552

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

Authoriser: Cara Downie, Business Support Manager

Take Pūrongo / Purpose of the Report

To seek approval from Council to officially re-name a public road.

WhakarĀpopoto matua / Executive Summary

A Road Naming application to re-name Pera Road back to Peras Road was received on 2 February 2021. A report was put forward to the Kaikohe-Hokianga Community Board on 27 September 2023 where the decision was made to recommend to council to rename Pera Road, Peras Road. Delegation to rename a road currently sits with Council.

tŪtohunga / Recommendation

That Council agree to rename ‘Pera Road’ in Waima, ‘Peras Road’.

1) TĀhuhu kŌrero / Background

In 2020 Mrs Rose Pera applied to have the road name changed from Peras Road to Pera Road, advising that the road was named after her husband’s ancestor, Mr Aperahama Raniera (nicknamed Pera) in recognition of his prominence as a respected community member.

On 11 November 2020 the Kaikohe-Hokianga Community Board resolved to recommend that Council change the name from Peras Road to Pera Road and on 10 December 2020 Council made its decision and the road became Pera Road.

Council staff were notified by Desiree Witehira Harris and Mary Ammar, who are direct descendants of Mr Aperahama Raniera, that Mrs Rose Pera was not fully aware of the history and had been incorrectly advised. They have also advised Council that the community have been upset by the name change as no consultation occurred.

Mary Ammar submitted the application to rename the road back to Peras Road along with letters from herself and her daughter explaining the history of the land and the name which as attached to this report.

The report that was put forward to the Kaikohe-Hokianga Board on 2 August 2023 contained the application, letters of support and approval from Land Information New Zealand. The Board left this matter to lie on the table and requested that staff consult with the Waima community on the road re-naming and seek further response from Mrs Rose Pera regarding the re-naming before it would make a decision.

Mary Ammar has been collecting signatures in support of the road re-naming from residents and the wider community. She maintains that the community wish to restore the original name back to Peras Road. At the time of writing this report there were 37 signatures obtained.

As Rose Pera is not from the Waima community, Desiree and Mary advised that they were unable to obtain feedback from her. In an effort to ensure all sides could be heard, council reached out on the 2^nd of August 2023 by phone and email and asked if she would like to put forward a comment. At the time of writing this report no response has been received.

A report was put forward to the Kaikohe-Hokianga Community Board on 27 September 2023 where the decision was made to uplift the report that was left to lie at the 2 August 2023 meeting and recommend to council to rename Pera Road, Peras Road.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The options are as follows:

1. To change the road name from Pera Road to Peras Road.

2. That the road name remains as Pera Road.

3. Leave the report to lie on the table pending more information.

The Roading Team and Land Information New Zealand have no objections to renaming the road Peras Road.

Take Tūtohunga / Reason for the recommendation

The road name recommended in this report is not a duplicate of any other road name in the District, therefore meeting the criteria set down in the Council’s Road Naming and Property Numbering Policy and the Australian/New Zealand Addressing Standard - AS/NZS 4819.2011.

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

The costs for road signage (white on blue background name blade) and installation will be met by Council.

Attachments

1. Letters of Support - A4306981 ⇩

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.

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 rename of a public road and is of low significance.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Road Naming and Property Numbering Policy #2125 and Australia/New Zealand Urban and Rural Addressing Standards 4819.2011.
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.	No district wide relevance. Council have delegated authority to rename roads.
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.	The spelling of the road name is being corrected in respect of Mr Aperahama Raniera and descendants.
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.	Property owners of Pera Road and that of the wider Waima Community have given consent to rename the road Peras Road.
State the financial implications and where budgetary provisions have been made to support this decision.	The costs for road signage (white on blue background name blade) and installation will be met by Council.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Ordinary Council Meeting Agenda

19 October 2023

6.6 Road Renaming - Squeak Lane, Kerikeri

File Number: A4413777

Author: Eden Ramsay, NTA - Finance and Customer Services Administrator

Authoriser: Andy Finch, District Engineer

Take Pūrongo / Purpose of the Report

To seek approval from Council to officially rename a private road, Squeak Lane in Kerikeri, Te Arapū Way.

WhakarĀpopoto matua / Executive Summary

A Road Naming application to re-name Squeak Lane, Te Arapū Way was received on 5 July 2023. A report was put forward to the Bay of Islands-Whangaroa Community Board on 28 September 2023 where the decision was made to recommend to Council to rename Squeak Lane, Te Arapū Way. Delegation to rename a road currently sits with Council.

tŪtohunga / Recommendation

That Council agree to rename ‘Squeak Lane’ in Kerikeri, ‘Te Arapū Way’.

1) TĀhuhu kŌrero / Background

Gemscott Kerikeri Limited were the developers of the subdivision located at 307 Kerikeri Road, Kerikeri. They supplied to Council an application to name the road, proposing three names: Squeak Lane, Ketekete Lane and Pohutukawa Lane. On May 5^th 2023, the resolution was passed to name the private road “Squeak Lane”.

Habitat for humanity purchased the ten homes at Squeak Lane from Gemscott in March 2023. Habitat for Humanity are now applying to rename this road “Te Arapῡ, the name that was gifted to the development by Ngāti Rehia, with support from Gemscott Kerikeri Limited.

Te Arapū means “Te piringa aratika, hei ihi mo te organga pūmau” or “A home that enables new beginnings with dignity, wellness and stability”. Te Arapῡ is their first community housing development in Kerikeri, offering affordable and secure tenure for people in housing need (on the Housing Register).

Ngāti Rehia and Habitat worked together to develop this name and they are very proud of what it means and the significance it holds. The name Te Arapῡ is significant not only because it was gifted by Ngāti Rehia, but also because the development was opened as Te Arapῡ by his worship, Mayor Moko Tepania, in a ceremony led by Ngāti Rehia.

A report was put forward to the Bay of Islands-Whangaroa Community Board on 28 September 2023 where the decision was made to recommend to Council to rename Squeak Lane, Te Arapū Lane.

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2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The options are as follows:

1. To change the road name from Squeak Lane to Te Arapū Way

2. That the road name remains as Squeak Lane.

3. Leave the report to lie on the table pending more information.

The Roading Team and Land Information New Zealand have no objections to renaming the road.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

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

The costs for road signage (blue on white background name blade) and installation will be met by the applicant.

Āpitihanga / Attachments

1. Map - A4362611 ⇩

2. Ngati Rehia Endorsement Letter - A4362613 ⇩

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	This is the naming of a private road and is of low significance.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Road Naming and Property Numbering Policy #2125 and Australia/New Zealand Urban and Rural Addressing Standards 4819.2011.
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.	No district wide relevance and Council have delegated authority to rename roads.
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.	Ngāti Rehia worked with Habitat for Humanity to develop this name.
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 currently no other property owners as this is a new subdivision
State the financial implications and where budgetary provisions have been made to support this decision.	The costs for road signage (blue on white background name blade) and installation will be met by the applicant.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report

Ordinary Council Meeting Agenda

19 October 2023

6.7 Committee Recommendations and Resolutions - October 2023

File Number: A4417471

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 3 October 2023 – Te Kuaka – Te Ao Māori Committee

o 9 October 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 requested that a legal opinion be provided to Mayor and Councillors prior to the 19 October Council meeting related to conflicts of interest for elected members.

TŪTOHUNGA / Recommendation

That Council :

Te Kuaka – Te Ao Māori Committee - Item 5.1 - Proposed District Plan Hearing Panel and Delegated Authority

a) rescind d) of resolution 2023/101 carried at the 24 August 2023 Council meeting and replace it with d) “confirm a Proposed District Plan hearing panel of:

i) five independent panel members, including two with chairing endorsement and one with skills and expertise in matters relating to Te Tiriti O Waitangi/Treaty of Waitangi, Kaupapa Māori and Matauranga Māori; and

ii) one optional Councillor panel member made up of either Deputy Mayor Stratford, Councillor Foy, Councillor Halkyard-Harawira or Councillor McNally where:

a) they are not conflicted; and

b) are accredited having done the making good decisions course.”

b) approve delegated authority for the Proposed District Plan hearings panel to make recommendations to Council.

NOTE: An external legal opinion in writing is requested before the 19 October Council meeting related to conflicts of interest for elected members.

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:

3 October 2023 – Te Kuaka – Te Ao Māori Committee

3 October 2023 – Te Kuaka – Te Ao Māori Committee Agenda

Te Kuaka – Te Ao Māori Committee - Item 5.1 - Proposed District Plan Hearing Panel and Delegated Authority

a) rescind d) of resolution 2023/101 carried at the 24 August 2023 Council meeting and replace it with d) “confirm a Proposed District Plan hearing panel of:

ii) one optional Councillor panel member made up of either Deputy Mayor Stratford, Councillor Foy, Councillor Halkyard-Harawira or Councillor McNally where:

a) they are not conflicted; and

b) are accredited having done the making good decisions course.”

b) approve delegated authority for the Proposed District Plan hearings panel to make recommendations to Council.

NOTE: An external legal opinion in writing is requested before the 19 October Council meeting related to conflicts of interest for elected members.

11 September 2023 – Te Koukou Transport Committee

9 October 2023 - Te Koukou Transport Committee Agenda

No escalation required.

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

Nil

Ordinary Council Meeting Agenda

19 October 2023

6.8 Kaikohe Wastewater Treatment Plant Desludging Contract 7/23/508

File Number: A4419487

Author: Mary Moore, Administration Team Leader - Far North Waters Alliance

Authoriser: Mathew Arthur, Far North Waters Alliance Manager

Take Pūrongo / Purpose of the Report

To seek Council delegation of authority to the Chief Executive to execute Contract 7/23/508 – Kaikohe WWTP Desludging.

WhakarĀpopoto matua / Executive Summary

· Council approval to engage sludge dewatering specialist Conhur Limited to dredge and dewater the Kaikohe WWTP main pond to specified limits was given in public exclusion at the 3 August 2023 Council meeting.

· The value of these works exceeds the Chief Executive’s delegated financial authority of $1million to commit Council to expenditure.

· Council delegation of authority to the Chief Executive to execute Contract 7/23/508 – Kaikohe WWTP Desludging committing Council to expenditure exceeding $1million is required.

tŪtohunga / Recommendation

That Council delegate to the Chief Executive the authority to execute Contract 7/23/508 – Kaikohe WWTP Desludging in accordance with the 3 August 2023 Council meeting resolution.

1) TĀhuhu kŌrero / Background

Council has delegated to the Chief Executive the power to enter into contracts in accordance within the LTCCP and AP and Council's purchasing policy #2104 up to $1,000,000 ($1million).

On 3 August 2023 Council approved the engagement of sludge dewatering specialist Conhur Limited to dredge and dewater the Kaikohe WWTP main pond and dispose of between 2,145tDS and 2,875tDS of sludge. The value of Contract 7/23/508 – Kaikohe WWTP Desludging exceeds $1million and the Chief Executive’s authority to commit Council to this expenditure.

In order to execute the contract and commit Council to this expenditure, Council delegation to the Chief Executive to execute Contract 7/23/508 – Kaikohe WWTP Desludging is required.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Council delegations to the Chief Executive are contained in the Register of Delegations: Part 1 Delegations from Council to Staff and include the power to enter into contracts in accordance within the LTCCP and AP and Council's purchasing policy #2104 up to $1,000,000 ($1million). The authority to commit Council to expenditure above $1million is expressly not included.

A separate Council resolution is required to delegate authority to the Chief Executive for the purpose of entering into contracts committing Council to expenditure in excess of the $1million limit.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Contract 7/23/508 – Kaikohe WWTP Desludging commits Council to expenditure in excess of the Chief Executive’s delegated financial authority of $1million. A separate Council resolution delegating authority to the Chief Executive for the purpose of executing this contract is required.

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

The current year budget plus unspent sludge management budget from FY23 totals $4,011,461 and this meets the value of the contract awarded by Council on the 3 August.

Āpitihanga / Attachments

Nil

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	The level of significance of this issue is low as the recommendation is consistent with previous decisions and current policy.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Council delegations to the Chief Executive are contained in the Register of Delegations: Part 1 Delegations from Council to Staff.
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.	Has immediate relevance to the Kaikohe 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.	The implications for Māori of the desludging works have been considered in the report to the 3 August 2023 Council meeting. The issue presented for consideration in this report neither adds nor detracts from this.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	The issue presented for consideration in this report neither adds nor detracts from hapū who were considered to have the most interest in the dewatering works.
State the financial implications and where budgetary provisions have been made to support this decision.	There is no financial implication or budgetary provision arising from this recommendation.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

19 October 2023

6.9 Hokianga Harbour Long Term Plan

File Number: A4423229

Author: Keith Kent, Transport Planner

Authoriser: Andy Finch, District Engineer

Take Pūrongo / Purpose of the Report

To seek approval of a recommendation that Council approve the preparation of a long-term plan for the crossing of Hokianga Harbour.

WhakarĀpopoto matua / Executive Summary

· This report formalises a recommendation to Council via the Kaikohe-Hokianga Community Board from the Hokianga Harbour Ferry Liaison Group in relation to the development of a long-term plan for the crossing of Hokianga Nui a Kupe.

· It provides historical background context to be taken into consideration when deciding whether or not to confirm approval.

· It identifies the need to make appropriate provisions in the Council’s 2024/27 Long Term Plan.

· At their meeting held 27 September 2023 the Kaikohe-Hokianga Community Board made the following recommendation:

tŪtohunga / Recommendation

That Council allocate $175,000 in the 2024/27 Long Term Plan to allow the preparation of a long-term plan for the crossing of the Hokianga Harbour.

1) TĀhuhu kŌrero / Background

In late 2002, Council approved plans to construct a bridge crossing of Hokianga Nui A Kupe (the Hokianga Harbour) at the Narrows on the assumption that it would be 100% Government funded and would be completed by 2006.

Amidst concerns raised by some locals suggesting that the township of Rawene would be destroyed if the ferry service was subsequently discontinued, the Government agency ‘Transfund’ also clarified that it had not guaranteed 100% funding of a bridge but that its board would consider Council’s request for subsidy to undertake further investigations.

Also in 2002, a Northland Integrated Transport Study was also commissioned to identify an integrated transport network which could serve the future transport needs for the region for the next 10 years. This included the bridging of the Hokianga Harbour. This was subsequently incorporated as a strategic priority in the Regional Land Transport Strategy for Northland 2003 – 2008. The expectation was that the Regional District Councils would implement this strategy through their individual land transport programmes.

In 2005, the Far North District Council commissioned a Road Improvement Strategy to provide a guiding framework for transport decisions for the next 20 years. This did not prioritise the bridging of the Hokianga Harbour as required in the Regional Strategy. In response to this omission, the ‘Hokianga Uniting Bridge Committee’ submitted a letter of objection and petition to the 2005 Annual Plan process.

The further investigation of a bridge as a supplement to the ferry crossing of the harbour was restated as a strategic priority in the May 2010 Northland Regional Council 30 Year Transport Strategy / Regional Land Transport Strategy but Council by then no longer supported the proposal deeming it to be unviable.

Then in the 2018-28 Long Term Plan Council stated its commitment to an ‘Accelerated focus on the long term strategy for the Hokianga Harbour Crossing in collaboration with the Hokianga Ferry Liaison Group.’

With this objective in mind, preparations were made to undertake an initial feasibility study to evaluate replacement or conversion of the diesel ferry to low emissions technology. This study was not undertaken but preliminary data collection in the form of hydrographic and bathymetric surveys of the harbour was undertaken in 2019.

The 2021-28 Long Term Plan confirmed Council’s endorsement of the Integrated Transport Strategies projects and activities for inclusion in the Regional Land Transport Plan. Hokianga Harbour Long Term Plan was one of those activities.

As highlighted in the Hokianga Harbour Ferry Liaison Group 23 Feb 2023 minutes shared with the Kaikohe-Hokianga Community Board 15 June 2023;

“The Group resolved to strongly recommend that the KHO-Hokianga Board advocate for the development of the Hokianga Harbour Long Term Transport Plan.”

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Relevant legislation

The Local Government Act Part 6, clause 101B requires local authorities as part of its long-term plan, to prepare and adopt a 30-year infrastructure strategy identifying significant infrastructure asset issues and principal management options. The Hokianga Harbour Ferry is deemed to be a significant asset.

Significance and engagement

No external parties need to be consulted prior to making the recommendation in this report as the Hokianga Harbour Ferry Liaison Group Terms Of Reference confirm that they represent the interests and views of the community of users.

The plan arising from the recommendation if passed by Council will however require significant well-planned engagement at a local level.

Policy and strategy considerations

Whilst Council Delegations to Community Boards specifically exclude the Hokianga Vehicle Ferry, the Hokianga Harbour Ferry Liaison Group Terms Of Reference require the group to make any recommendations to Council via the Community Board.

The 2020 Integrated Transport Strategy and Integrated Transport Plan both identify the need to have this plan incorporated in the 30-year infrastructure strategy to comply with the Local Government Act.

Risk and mitigations

Council is at risk of breaching the Local Government Act if a long-term plan is not in place for the Hokianga Harbour crossing.

The suitability of ongoing maintenance investment is at risk without a long-term plan underpinning a Maintenance Intervention Strategy and Capital Investment Programme.

Implications for Māori

Hokianga Nui A Kupe is rich in history and Māori culture. It is the landing place of navigator Kupe and is considered the mauri (life-force) of local Māori.

The Hokianga Harbour Ferry Liaison Group has always had Māori representation to ensure that due consideration is given to the cultural, historical, and economic effects on local Māori of views expressed by the group.

For the purposes of this report, no additional Māori consultation or engagement is considered necessary, however, the plan arising from the recommendation if passed by Council will require significant well planned up-front iwi/hapū engagement.

It should be noted here that news articles from 2002 suggested that Te Runanga O Te Rawa were supportive of a bridge. It may therefore be safe to assume that they would remain at least supportive of the revisit which this proposed Long Term Plan proposes.

Scope

In addition to undertaking a comprehensive Environmental Scan and summary of all relevant existing data sources, reports, and correspondence, the scope of a Hokianga Harbour Long Term Plan will include all items previously identified in the planned but uncompleted feasibility study to evaluate replacement or conversion of the diesel ferry to low emissions technology. It will need to reconsider all previously identified crossing options and potential long term ferry maintenance regimes.

It will need to be developed in coordination with Northland Regional Council’s planned Hokianga Harbour Remediation project and Council’s other projects in and around the Hokianga Harbour.

In order to maximise the opportunity to attract funding subsidy, the format of this Long-Term Plan will need to be developed as a Waka Kotahi (New Zealand Transport Agency) Programme Business Case referencing the Integrated Transport Programme as its Strategic Business Case. This will dictate the necessary extent of the scope.

Options

1. Approve the recommendation. Forward the formal recommendation to Council for consideration.

2. Decline the recommendation. This would require the Hokianga Harbour Ferry Liaison Group to consider making a submission on the Council’s 2024/27 Long Term Plan.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Option 1. Approval of the recommendation is recommended to mitigate the risk of breaching the Local Government Act by not having a 30 Year Plan for the crossing of the Hokianga Harbour and to mitigate the risk associated with inadequate financial provision for major renewal and replacement costs.

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

This is an operational issue with $175,000 having previously been included in the Operating Funding of Council’s 2021/23 Long Term Plan. However, arising from significant delays in obtaining notification from Waka Kotahi (New Zealand Transport Agency) of the subsidy declined status, the significantly smaller $54,250 remaining local share funds were considered insufficient to develop this proposed plan.

The reason given by Waka Kotahi for declining subsidy was that despite it arising from the approved Integrated Transport Strategy Programme Business Case, it was considered too high level and more in the realm of a Strategic Business Case which they do not subsidise. It was also submitted for subsidy through their over-subscribed Work Category of Investment Management and so failed to reach the threshold for approved subsidy in the face of stiff competition.

It is therefore necessary to reconfirm the need for this operational activity and associated potential capital implementation work in the 2024/27 Council Long Term Plan, Roading Activity Management Plan and Regional Land Transport Plan.

Subject to Council approval of this recommendation, it is suggested that the previously allocated $175,000 be considered an appropriate sum, pending confirmation by tender of professional services. The cost and timescale of necessary engagement is expected to be significant.

Āpitihanga / Attachments

Nil

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	The level of significance of this proposal is considered LOW No external parties need to be consulted prior to making the recommendation in this report as the Hokianga Harbour Ferry Liaison Group Terms Of Reference confirm that they represent the interests and views of the community of users. The plan arising from the recommendation if passed by Council will however require significant well-planned engagement at a local level.
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 Part 6, clause 101B requires local authorities as part of its long-term plan, to prepare and adopt a 30-year infrastructure strategy identifying significant infrastructure asset issues and principal management options. The Hokianga Harbour Ferry is deemed to be a significant asset. The 2020 Integrated Transport Strategy and Integrated Transport Plan both identify the need to have this plan incorporated in the 30 year infrastructure strategy to comply with the Local Government Act.
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 Delegations to Community Boards specifically exclude the Hokianga Vehicle Ferry but the Hokianga Harbour Ferry Liaison Group Terms Of Reference require the group to make any recommendations to Council via the Community Board. The Kaikohe-Hokianga Community Board have had prior notification of this report through the group’s minutes.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	The Hokianga Harbour Ferry Liaison Group has always had Māori representation to ensure that due consideration is given to the cultural, historical, and economic effects on local Māori of views expressed by the group. For the purposes of this report, no additional Māori consultation or engagement is considered necessary, however, the plan arising from the recommendation if passed by Council will require significant well planned up-front iwi/hapū engagement.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	The Hokianga Harbour Ferry Liaison Group have made this recommendation on behalf of the community of users of the ferry which they represent.
State the financial implications and where budgetary provisions have been made to support this decision.	Financial implications are noted in section 3 of this report
Chief Financial Officer review.	This report has been reviewed by the Chief Financial Officer

Ordinary Council Meeting Agenda

19 October 2023

7 Ngā Pūrongo Taipitopito / Information Reports

7.1 Community Board Minutes - September 2023

File Number: A4419704

Author: Casey Gannon, Manager - Democracy Services

Authoriser: Jacine Warmington, Group Manager - Strategic Relationships

TAKE PŪRONGO / Purpose of the Report

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

WHAKARĀPOPOTO MATUA / Executive SummarY

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

· 26 September 2023 Te Hiku Community Board

· 27 September 2023 Kaikohe-Hokianga Community Board

· 28 September 2023 Bay of Islands-Whangaroa Community Board

TŪTOHUNGA / Recommendation

That Council note the following Community Board minutes:

· 26 September 2023 Te Hiku Community Board

· 27 September 2023 Kaikohe-Hokianga Community Board

· 28 September 2023 Bay of Islands-Whangaroa Community Board

tĀHUHU KŌRERO / Background

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

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

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

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

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

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

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

Āpitihanga / Attachments

1. 26 September 2023 - Te Hiku Community Board Minutes - A4404376 ⇩

2. 27 September 2023 - Kaikohe-Hokianga Community Board Minutes - A4404050 ⇩

3. 28 September 2023 - Bay of Islands - Whangaroa Community Board Minutes - A4403826 ⇩

Ordinary Council Meeting Agenda

19 October 2023

8 Te Wāhanga Tūmataiti / Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendation

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

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

General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Ground(s) under section 48 for the passing of this resolution
8.1 - Confirmation of Previous Minutes - Public Excluded	s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information s7(2)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
8.2 - Community Board Public Excluded Minutes - September 2023	s48(2)(a)(i) - the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the Council to deliberate in private on its decision or recommendation where a right of appeal lies to any court or tribunal against the final decision of the Council in these proceedings	s48(2)(a)(i) - the exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation
8.3 - 71 Broadway Kaikohe acquisition	s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
8.4 - Renewal of Contract - Facilites Management Services FNDC Swimming Pools	s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
8.5 - New Lease Request Over Larmer Road Quarry	s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7