Agenda of Ordinary Council Meeting - Monday, 11 December 2023

11 December 2023

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

5.1 Confirmation of Previous Minutes

File Number: A4481547

Author: Imrie Dunn, Democracy Advisor

Authoriser: Casey Gannon, Manager - Democracy Services

Take Pūrongo / 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.

tŪtohunga / Recommendation

That Council:

a) confirm the minutes of the Council meeting held 16 November 2023 as a true and correct record, and;

b) confirm the minutes of the Extraordinary Council meeting held 28 November 2023 as a true and correct record.

1) TĀhuhu kŌrero / 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) matapaki me NgĀ KŌwhiringa / 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.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

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

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

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

Attachments

1. 2023-11-16 Council Minutes - A4503592 ⇩

2. 2023-12-28 Extraordinary Council Minutes - A4503573 ⇩

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

11 December 2023

6 Ngā Pūrongo / Reports

6.1 Future by Local Government Position Statement

File Number: A4484011

Author: Casey Gannon, Manager - Democracy Services

Authoriser: Jacine Warmington, Group Manager - Strategic Relationships

TAKE PŪRONGO / Purpose of the Report

To consider how Far North District Council will vote on the proposed resolution at the upcoming Local Government New Zealand (LGNZ) Special General Meeting to endorse The Future by Local Government – a consensus outcome paper as LGNZ’s agreed parameters for further engagement and advocacy with central government on local government system reform.

WHAKARĀPOPOTO MATUA / Executive SummarY

The Future for Local Government Review (FFLG) was initiated in 2021 in response to a request from local government. It was designed to address the collective impacts of reform programmes on the function and role of local government, address new and increasing challenges faced by local government, and renew and better equip local governance for the future.

The independent FFLG Panel engaged extensively with local government over its two-year duration and did broad research on models and effective local governance arrangements around the world. Its final report closely reflected LGNZ’s submission of a previously released draft.

When the final FFLG report was released, councils were clear they wanted to drive change themselves rather than central government imposing change.

To this end, LGNZ’s 2023 AGM agreed to develop a consensus position/s on the final FFLG report. On that basis, LGNZ facilitated an inclusive process for members to reach a consensus with each other. This has resulted in the consensus outcome paper titled The Future by Local Government (Attachment A). This future-focused policy paper, if adopted, would provide LGNZ with parameters for engagement with the incoming government.

To realise the changes set out in the consensus outcome paper, central government needs to act.

This will only happen if local government is united in seeking change and is prepared to play a constructive role in making it happen. Adoption of the position statement would send this signal.

Failure to adopt the consensus outcome paper could result in little action or unilateral reform by central government – both of which take local government out of the driving seat.

TŪTOHUNGA / Recommendation

That Council recommend that Local Government New Zealand adopt Section 1 of The Future by Local Government consensus outcome paper based on Choosing Localism – Build a new system of government that’s fit for purpose and use this as a long-term platform for local government system reform that will be tailored into advocacy material for specific governments.

TŪTOHUNGA / Recommendation

That Council recommend that Local Government New Zealand adopt Section 2 of The Future by Local Government consensus outcome paper based on Choosing Localism – rebalance the country’s tax take between central and local government.

TŪTOHUNGA / Recommendation

That Council recommend that Local Government New Zealand adopt Section 3 of The Future by Local Government consensus outcome paper based on Choosing Localism – create stronger, more authentic relationships between local government and iwi, hapū and Māori.

TŪTOHUNGA / Recommendation

That Council recommend that Local Government New Zealand adopt Section 4 of The Future by Local Government consensus outcome paper based on Choosing Localism – align central, regional and local government priorities.

TŪTOHUNGA / Recommendation

That Council recommend that Local Government New Zealand adopt Section 5 of The Future by Local Government consensus outcome paper based on Choosing Localism – strengthen local democracy and leadership.

tĀHUHU KŌRERO / Background

Establishment of the Future for Local Government Review

In April 2021, in response to calls from LGNZ and the wider local government community, an independent review of local government was announced by the government.

This was an immediate response to significant policy reform driven by the previous government across water services, resource management, climate change and the health system, all of which centralised decision-making and altered the role of local government. But it was also in response to other significant challenges facing local government, such as climate change, infrastructure decay and significant funding pressures.

Specifically, there had also been a long history of advocacy around the need for system reform addressing aspects such as funding and participation.

The overall purpose of the review was to identify how our system of local democracy and governance needed to evolve over the next 30 years, to improve the well-being of New Zealand communities and the environment, better partner with central government, and actively embody Treaty partnership.

The scope of the review comprised what local government does (roles, functions, partnerships), how it does it (including representation and governance), and how it pays for it.

Local Government Engagement with the Future for Local Government Review

Since the review launched in April 2021, LGNZ has engaged extensively with members to understand what is important to them.

We held multiple workshops and discussions with councils to gather feedback and engage them in this work, including:

1. National workshops for elected members and council staff on some of the draft report’s key themes. These included separate sessions on strengthening local democracy, the future structure of local government, and councils’ non-negotiables for future change. Each of these three workshops was attended by 60-100 mayors, chairs, elected members, chief executives and council officers.

2. Hosting the Review Panel at LGNZ Sector meetings. Each of the Rural and Provincial, Metro and Regional Sectors had an opportunity to provide feedback and ask questions about the draft report and the Panel’s future direction. We also held discussions with both the Te Maruata Rōpū Whakahaere and wider whānui to receive their feedback on the draft report.

a. National workshops on each of the Panel’s five priority question areas and key shifts, which were well attended by mayors, chairs, elected members, chief executives and council officers. Up to 200 members attended some of the sessions. These workshops informed our Vision for the Future paper that we shared with the Panel in May 2022.

b. Scenario workshops based on three possible futures for local government, with our Rural and Provincial, Metropolitan, and Regional Sectors, and Young Elected Members’ Network.

c. Sessions on the Future for Local Government were also held with Te Maruata and the Community Boards Executive Committee.

d. Supporting an independent group of sector representatives to develop a vision for what an integrated public service could look like, and the kinds of change to local government’s roles, functions and structures needed to support better outcomes for communities.

The Future for Local Government Review final report

The FFLG Panel released its final report in June 2023. This report made 17 key recommendations including new funding and financing tools, changes to the Local Government Act to explicitly recognise local government as a Te Tiriti partner, different structures, and tools to rebuild trust and confidence in local democracy.

The final report’s recommendations were intended as a package to deliver lasting changes to the system as a whole.

The Panel’s report says that while there is a real need to transfer resources and level up funding between central and local government, this must come with a commitment to do things differently and change the system to be more responsive to local needs.

Many of the recommendations in the final report aligned strongly with what councils raised in their submissions and during engagement with LGNZ.

Nineteen of LGNZ’s recommendations were included in some form. And 10 out of the 17 final recommendations match the recommendations that LGNZ made in its submission on the draft report.

The consensus process to develop the position statement

Councils were clear that they wanted to drive change themselves rather than central government imposing change. In response to this, members at LGNZ’s AGM in July 2023 agreed to take a consensus position/s on the FFLG report to enable councils to have a strong platform from which to advocate to the incoming government.

LGNZ’s National Council created an Advisory Group to help guide this process. There was a nomination process, and National Council was mindful of the type of council, geographic spread, range of perspectives and diversity when selecting the group. The group is:

· LGNZ President – Mayor Sam Broughton

· Te Maruata representatives – Councillor Moko Tauariki, Mayor Faylene Tunui

· Young Elected Members representative – Councillor Alex Crackett

· CBEC representative – Co-Chair Sarah Lucas

· Six other elected members – Mayor Anita Baker, Mayor Max Baxter, Mayor Tim Cadogan, Deputy Mayor Angela O’Leary, Chair Peter Scott and Mayor Andrew Tripe.

· Three chief executive representatives – Taituarā President (role shared by Barbara McKerrow and Jo Miller), Steve Ruru and Alex Parmley.

LGNZ ran two in-person events to help build consensus. The first event on 18 September had 150 attendees and worked through all 17 of the FFLG Panel’s recommendations to identify where members might find consensus. It produced thousands of post-it notes, which indicated people’s views and all of this data was shared with all elected members after the event.

The first event ruled some areas in and already agreed and ruled some out. It also identified four focus areas where it might be possible to reach consensus.

The second event on 2 November concentrated on these four areas – Funding, System transformation, Te Tiriti, and Wellbeing & working with central government.

Between the first and second events, LGNZ also ran online engagement through a new platform that allowed people to see how their opinions fit with other people’s and make comments. In total 164 people engaged with the online platform, though not every person answered every question. People from 19 councils participated.

Supporting all of this engagement was a range of email communication, including designed emails to all elected members, promotion in Keeping it Local, personal emails from the LGNZ President, and personal emails from the LGNZ CE.

Off the back of all of this engagement, the LGNZ team and the Advisory Group have produced The Future by Local Government, which reflects the conversations that members have had and the parameters that have been reached through the consensus-building process.

The consensus outcome paper will set the direction for advocacy material developed for a central government audience. This tailored material will seek to motivate central government to engage with us and emphasise the value local government brings to meeting their aspirations.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

While local government can act independently to implement some of the actions we are recommending, central government action is essential for comprehensive implementation of many of the issues covered in the consensus outcome paper.

Any major reform of the local government system presents risk for central government. The issues and opportunities covered in the consensus outcome paper would require significant focus and could expose any government to criticism. This is why it is so important for local government to be clear how it sees a future system best evolve.

Both major political parties have yet to publicly respond to the substance of the FFLG report and have signalled a desire to understand the views of local government on the recommendations and the way forward. This strongly suggests that the next and future governments would only engage on reform on the scale set out in the consensus outcome paper if local government was clear and united on what it wanted. Local government might also be expected to demonstrate a commitment to be constructively engaged during the process of negotiating and implementing any agreements around reform.

A clear set of preferred outcomes adopted by local government, to form the basis for ongoing engagement with central government, is therefore a prerequisite for action.

An adopted consensus outcome paper will also help to set the parameters for local government in discussions with the Government, noting that ongoing engagement with local government would be critical throughout that process.

Failure to adopt the consensus outcome paper could have several unintended consequences, all of which are inefficient and ultimately counterproductive to the aspirations of both local and central government. These potential outcomes include:

· Unilateral action by central government on those aspects of the report that it saw as desirable;

· Other central government reforms driving change of the local government system (eg water services and resource management reform);

· The incoming government dismissing the previous FFLG report and starting the process anew, resulting in significant delays and duplication of previous consultation with local government;

· Little intentional change in the local government system, with current challenges exacerbated and the impact of local government weakened, to the detriment of communities; and/or

· Lost opportunities to deliver better across the whole system of government – central, regional and local – for our communities.

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

No budgetary implications.

Āpitihanga / Attachments

1. Attachment A - Future-by-Local-Government-Consensus-Outcome-Paper - A4505155 ⇩

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	Further review against the Significance and Engagement Policy will be required, and the level of significance may change.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The following community outcomes relate to the decision in this report: · Proud, vibrant communities · Prosperous communities supported by a sustainable economy · Communities that are healthy, safe, connected and sustainable · Connected communities that are prepared for the unexpected · A wisely managed and treasured environment that recognises that roles of tangata whenua as kaitiaki
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 Executive Committee representatives have been engaged in the process to develop the consensus outcome paper.
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.	Iwi and hapū views are integral to further development of Future by Local Government and further engagement, collaboration and partnership will be required.
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).	Key agencies have provided input into the scoping exercise to identify issues and barriers. Further engagement and collaboration will be required as Future by Local Government progresses.
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 not reviewed this report.

Ordinary Council Meeting Agenda

11 December 2023

6.2 Housing Strategy Options Analysis

File Number: A4469009

Author: Briar Macken, Team Leader – Policy & Bylaws

Authoriser: Roger Ackers, Group Manager - Planning & Policy

Take Pūrongo / Purpose of the Report

To seek approval to develop a housing strategy and to endorse an interim housing action plan.

WhakarĀpopoto matua / Executive Summary

· Housing is a key determinant of wellbeing. Under the Local Government Act 2002, Council must promote the wellbeing of communities.

· The Far North faces significant issues regarding housing.

· A scoping exercise identified several issues and barriers to housing in the Far North District (attachment 1).

· Council plays an active role in supporting housing across the housing continuum.

· Council is in the best position to develop a Housing Strategy to support a coordinated collaborative approach.

tŪtohunga / Recommendation

That Council:

a) approve the development of a housing strategy, and;

b) endorse the interim Housing Action Plan

1) TĀhuhu kŌrero / Background

Under section 10 of the Local Government Act 2002, the purpose of local government is to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future.

Housing is a key determinate of wellbeing outcomes. Poor quality housing can lead to increased illnesses such as respiratory illnesses. A lack of adequate housing can have a negative impact on other determinates of wellbeing, for example decreased education performance. Housing affordability impacts the economic status of households as increased rents and house prices reduce available funds for food, clothing, petrol, and other household expenses. Housing affordability impacts social wellbeing as families may not be able to live in safe neighbourhoods, and within walking distances from their community hubs.

The Far North District faces significant issues regarding housing. Council identified that housing is an activity of regional or national significance and therefore on 15 December 2022, appointed two elected members as housing portfolio holders.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Council engaged The Property Group to undertake a scoping exercise to identify the current issues and barriers in planning and providing for the housing needs of the district. The full scoping report is attached (attachment 1). A summary of the scoping report is provided below.

Central Government Policies
The housing sector in New Zealand has been under increasing pressure to meet growing housing demand. As a result, the Government has developed an array of policies, plans, programmes, and funding mechanisms to address housing needs. These include:

· Local Government (Community Wellbeing) Amendment Act 2019

· Review in the Future for Local Government

· Public Housing Plan 2021-2024

· Government Policy Statement on Housing and Urban Development

· National Policy Statement for urban Development.

Housing statistics in the Far North

· Far North population projected to peak at 83,200 in 2049.

· Household size between 2.6-2.7 occupants.

· Number of dwellings projected to peak at 32,100 in 2046.

· 480 applicants on the Public Housing Register as at March 2023. Increased from 90 in March 2018.

· 15.5% of the population in the Far North were living in overcrowding situation. For Māori overcrowding in the Far North is 27.6%.

· The New Zealand Index of Deprivation shows Far North as having a high deprivation level.

· The Public Housing Plan found Northland has the worst quality housing in NZ.

· Far North district has a housing affordability index of 6.6 which is defined as severely unaffordable.

· Employment growth has averaged 2.8% per annum between 2014 and 2020.

Council’s current role in housing

Council’s role in housing to date has largely been in its capacity as a regulatory authority. It sets housing development policy via its District Plan and administers that policy through assessing resource and building consents for new houses.

Council is adopting a more integrated approach to future development through the spatial plan work programme, aligning with the Future Development Strategy process set out in the National Policy Statement for Urban Development.

The Council has also been a provider of housing through its ‘Housing for the Elderly’ pensioner housing portfolio. The Council considered divesting this portfolio to a housing provider better placed to provide this type of housing and additional support services, and final decisions are yet to be made.

Key Stakeholders in the housing space

· Ministry of Housing and Urban Development (HUD) Te Tuāpapa Kura Kāinga

o HUD’s role includes making significant, long-term change, while also helping people and communities with their immediate needs.

· Kāinga Ora

o Kāinga Ora’s role is to place people from the Housing Register into homes, provide tenancy services to public housing tenants, and maintain and develop public houses.

· Hapū

o Hapū are working with HUD to deliver housing in remote areas which is outside of Kāinga Ora’s mandate.

o As part of this study, TPG engaged with Aupōuri Ngāti Kahu Te Rarawa Trust (Awanui) and Te Waka Pupuri Pūtea Trust (Kaitaia) to explore opportunities for Council to support housing outcomes for Māori.

· Far North Holdings

o Far North Holdings Limited (FNHL) is the commercial trading and asset management arm of Council.

o FNHL are responsible for managing a range of property, maritime and transport assets on behalf of Far North ratepayers.

Identified housing issues

The following issues were identified through early engagement on the scoping exercise.

· Housing supply can’t keep up with the demand caused by population growth in the District.

· Lack of integration and coordination between stakeholders involved in housing outcomes across the housing continuum.

· Housing may not be resilient to natural hazard events and effects of climate change.

· Lack of Māori Housing development.

· Some of the Far North housing stock is in poor condition.

· Uncoordinated growth planning.

Addressing the housing challenge

Many of the issues identified are complex and require a co-ordinated approach to address. Further investigation, engagement, and data collection is required.

Council is already in the process of undertaking some actions which will support the housing continuum. For example, undertaking a Housing and Business Land Capacity Assessment (HBA) and reviewing how the District Plan enables papakāinga housing.

Whilst Council does not have the mandate or resources to tackle the issues alone, given the role Council has in planning for growth it is considered best placed to lead the development of the Strategy.

Hastings District Council (HDC) created an award-winning collaborative approach to addressing housing challenges. HDC took a lead role in developing a housing strategy, with some identified actions being the responsibility of council, and some actions being the responsibility of other agencies. This approach has been successful for the Hastings District in improving the housing situation.

In the absence of a strategy, staff are proposing an interim action plan (attachment 2) which includes draft objectives to provide direction to undertake short term actions to support housing needs across the district.

Options

Option one: Council develops a housing strategy and endorses the interim housing action plan (Recommended Option)

Council undertakes the development of a housing strategy including:

· engagement with Iwi / Hapū, key agencies and stakeholders

· gap analysis of existing data and solutions to fill the gaps including collaboration with agencies

· further investigation into housing issues, barriers, and solutions.

Council endorses the interim action plan to provide direction for short term actions to address high priority needs.

Advantages and disadvantages of developing a housing strategy

Advantages

· Council will have a long-term vision for housing across the Far North

· A strategy will enable:

o bespoke solutions to the housing issues in the Far North

o genuine collaboration across agencies

o clarify roles and responsibilities of all partners and stakeholders supporting effective housing outcomes

o identification on funding requirements and support applications to central government for funding.

Disadvantages
None

Option two: Council does not develop a housing strategy.

Council does not develop a housing strategy. Staff will continue to undertake tasks related to housing where required, although without clear direction or a coordinated collaborative approach.

Advantages and disadvantages of not developing a housing strategy

Advantages

None

Disadvantages

· Council will not have a long-term vision for housing across the Far North

· Council and other agencies will continue to undertake housing initiatives in an ad hoc uncollaborative manner leading to effective and efficient use of resources.

· A lack of strategic direction for the district may lead to decreased funding opportunities for Council and other agencies.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Council is in the best position to lead the development of a collaborative housing strategy for the Far North which will address housing issues facing the district.

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

Developing a housing strategy is expected to cost $150,000 over two financial years ($75,000 per year has been proposed in the Long Term Plan 2024-27. The proposed costs include engagement with iwi / hapū representatives, specific technical studies relating to housing issues such as the quality of housing, and the effects of temporary accommodation providers (e.g., Air BnB, BookaBach) on the housing supply in the Far North. Most resources to develop a housing strategy will be covered in house. Collaboration and data sharing with other agencies will occur where possible.

Āpitihanga / Attachments

1. Housing Strategy Scoping Document - A4471820 ⇩

2. Interim Housing Action Plan - A4471822 ⇩

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 housing strategy will have little effect on levels of service, and is consistent with existing plans and policies therefore the level of significance is low. However, once a draft strategy has been developed, further review against the Significance and Engagement Policy will be required, and the level of significance may change.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The following external policies apply to the decisions in this report: · Local Government (Community Wellbeing) Amendment Act 2019 · Review in the Future for Local Government · Public Housing Plan 2021-2024 · Government Policy Statement on Housing and Urban Development · National Policy Statement for urban Development. The following community outcomes relate to the decision in this report: · Proud, vibrant communities · Prosperous communities supported by a sustainable economy · Communities that are healthy, sfe, connected and sustainable · Connected communities that are prepared for the unexpected · A wisely managed and treasured environment that recognises that roles of tangata whenua as kaitiaki
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.	Housing is a District wide issue and so the views of Community Boards have not been sought for the decision in this report. However, a housing strategy will require extensive engagement and the views of Community Boards will be sought as part of the development of this strategy.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	Māori are over-represented in the lower end of the housing continuum and would therefore be most affected by improved housing outcomes in the District. Land owned by Māori is often complex with multi ownership structures. This is creating a barrier to implementing papakāinga housing opportunities and should be an issue explored through further engagement. Iwi and hapū are working to deliver housing in remote areas and some Iwi have development trusts currently working on affordable housing projects with HUD. Aupōuri Ngāti Kahu Te Rarawa Trust (Awanui) and Te Waka Pupuri Pūtea Trust (Kaitaia) provided input into the scoping exercise to identify current issues and barriers. Iwi and hapū views are integral to developing a housing strategy and further engagement, collaboration and partnership will be required.
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).	Key agencies have provided input into the scoping exercise to identify issues and barriers. Further engagement and collaboration will be required to develop a housing strategy.
State the financial implications and where budgetary provisions have been made to support this decision.	Developing a housing strategy is expected to cost $150,000 over two financial years ($75,000 per year has been proposed in the Long Term Plan 2024-27. The proposed costs include engagement with iwi / hapū representatives, and specific technical studies relating to housing issues.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report

Ordinary Council Meeting Agenda

11 December 2023

6.3 Establishment of a Steering Group to oversee the future use and development of Council's landholdings in Waipapa (Lot 18 DP 316057 and Lot 17 DP 333643)

File Number: A4491576

Author: Roger Ackers, Group Manager - Planning & Policy

Authoriser: Guy Holroyd, Chief Executive Officer

Take Pūrongo / Purpose of the Report

To seek approval for the establishment of a steering group to oversee the future use and development of the Council land holdings in Waipapa with the legal description Lot 18 Deposited Plan 316057 identifier 26858 and Lot 17 Deposited Plan 333643 identifier 137900.

WhakarĀpopoto matua / Executive Summary

· In 2020 Council purchased approximately 46 hectares of land in Waipapa for the purpose of developing sporting facilities to cater for increased demand for Football, Rugby League, and Cricket in the Waipapa/Kerikeri Area.

· Council decided to breakdown the development of the sporting facilities into phases to meet the requirements and conditions of the Provincial Growth Fund (PGF) which was funding part of the development.

· A working group consisting of staff, Ngāti Rēhia representatives, sporting codes representatives, and elected members was established in 2021 to provide oversight of the development of sports facilities on the site. At the time Ngāti Rēhia gifted the name Te Puawaitanga to the sports facility being constructed.

· Phase One of the development of the playing fields, car park and ablution block is well advanced and is due to be completed in mid-2024.

· To date no future phases of the development of the land have been scoped beyond building elevations and site plans for further sporting facilities adjacent to what is being built for Phase One at Te Puawaitanga.

· This report recommends the establishment of a steering group to oversee the future use and development of the approximately 46 hectares of Council land in Waipapa that contains Te Puawaitanga.

TŪTOHUNGA / RECOMMENDATION

That Council approve The Establishment Of A Steering Group to oversee the future use and Development Of The Council Land Holdings In Waipapa With The Legal Description Lot 18 Deposited Plan 316057 Identifier 26858 And Lot 17 Deposited Plan 333643 Identifier 137900.

1) TĀhuhu kŌrero / Background

In 2012 Council undertook a football field capacity study. This study indicated that more fields are required to accommodate the needs of the local community. Community groups were also proposing that Kerikeri needed a sports hub.

In November 2019 three properties were identified that would meet the requirements for the provision of sports fields, one of which was of State Highway 10 in Waipapa. This was confirmed as the preferred site by Council.

The purchase of the preferred rural property (Lot 18 Deposited Plan 316057 identifier 26858 and Lot 17 Deposited Plan 333643 identifier 137900) opposite the Waipapa retail area on State Highway 10 was finalised on 1 May 2020 at the agreed price of $4,975,000.

Initial workshops were held in 2021 with sporting codes in the Bay of Islands area to discuss the short-, medium-, and long-term future for a sports hub. This engagement also aimed at identifying ways to ensure interest groups could be included in the development of the site.

Two million dollars of funding from the PGF was awarded for the building of sports facilities on the site. This was added to $7,049,670 in funds allocated in Council annual plans over 2021 to 2024 period for a sports hub in Waipapa. These funds were further supplemented with an additional $2,000,000 from the Government’s COVID19 Response and Recovery Fund.

As a result of the need to fulfil the requirements and conditions of the PGF funding, it was decided that development on the site would be conducted in phases.

Phase one was scoped to develop thirteen of the total 44.376 hectarage available into four soccer/rugby league playing fields, a carpark, and an ablution block. The phase one project was gifted the name Te Puawaitanga by Ngāti Rēhia at an initial Waipapa sports hub working group in 2021.

The purpose of the initial working group was to engage the community and lead the thinking on all matters relating to the design, development, and delivery of a sports hub on the Council owned land.

Phase one of development of Te Puawaitanga is now well advanced and is on target to deliver the playing fields, a workable car park and ablution block by mid-2024.

It was decided in 2021 that the remaining land and buildings (approximately thirty-two hectares) would continue as a working farm under lease and be the subject of longer-term planning discussions on the best use of this remaining land. This decision was motivated by the fact that longer-term funding for further development of the land had not been secured. It was also acknowledged at the time that community fundraising would be necessary if all the requirements and desires for the facilities were to be achieved.

In late 2021 Global Leisure Group (GLG) was engaged by Council to develop a governance model for the running of the sporting facilities that would be built on the Council owned land. The work on the governance model resulted in the following resolution at the Strategy and Policy Committee meeting on 6 September 2022 that was approved by Council on 22 September 2022.

In December 2022 Council sent a letter to the members of the working group informing them that the working group would be stood done and that it would reconvene in the new year to undertake the next stage of development of the sports facilities at Waipapa. The same letter also informed the working group members that Council wished to look at the proposed long term governance structure going forward for Te Puawaitanga and would report back by the end of February 2023.

Concerns were raised by staff in late 2022 and into the first half of 2023 about the draft establishment documents approved as part of the above resolution from the Strategy and Policy Committee. These concerns were centred around the following issues:

· The ownership model proposed and the liability that this would represent to the current and future Councils as the enduring landowner if the entity entrusted with running and managing the facility built on the land became defunct due management and/or governance issues.

· Concerns about the draft constitution put forward and what this would bind Council to.

· Concerns about how the board that would oversee the running of the sports facilities would be formed under the draft constitution and how this draft constitution would grant exclusive rights of use and advantages to foundation sporting clubs over clubs and community groups that would join later via memorandum of understanding agreements.

· Concerns about how the entire landholdings now owned by Council can be best used to meet wider community goals and needs.

Future phases for the development of the site are yet to be defined, scoped, or costed out. Elevations and building footprints have been produced and high-level rough order of magnitude costings have been discussed that range from $20,000,000 to $50,000,000 for the construction of specialist fields and a multi-purpose and specialist use pavilion on the site.

GLG completed an updated sports needs assessment for Kerikeri/Waipapa that was delivered to Council in August 2023. This study concluded that there was still demand for active recreation based on registered members in the sports of cricket, rugby league and football in the Kerikeri/Waipapa area. However, it also pointed out that the population in the Kerikeri/Waipapa Area is aging and plateauing in the coming two decades and therefore there will be a changing demand for active recreation facilities in the area.

Even without a defined full scope for the future development of sporting facilities on site it is expected that whatever is constructed will leave a residual undeveloped Council landholding on the site of somewhere between three quarters to two thirds of the approximately 46 hectares that make up the total landholding that is the subject of this report.

Due to the land being purchased for the purpose of a community sports facility it is considered a “park” under the Local Government Act 2002, which requires Council to go through a public consultation process to dispose of any land associated with that purchase.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

On 22 February 2022 the initial working group established for the development of sports hub at Waipapa identified the values of Te Puawaitanga as follows.

W - Wellbeing for all

H - Healthy competition

A - Active communities

K - Kindness in all that we do

A - All are welcome

U - United we are stronger

T - Tangata whenua at our heart

E - Excellence is our aim (pg. 161, Strategy and Policy Committee Agenda, 6 September 2022)

The same report identified partners of Te Puawaitanga as.

The Communities of Kerikeri, Waipapa, the Far North and all of Northland, including but not limited to; pre-schools, schools and colleges, clubs and centres, businesses and professionals, religious and ethnic groups, whanau, hapu and iwi, gaming and charitable Trusts, regional and national sports organisations, sport and recreation providers, and the Far North District Council (pg. 161, Strategy and Policy Committee Agenda, 6 September 2022).

This paper proposes a steering group be established to oversee the future use and development of the Council landholdings in Waipapa that is the subject of this report and that this is guided by the values of Te Puawaitanga and aims to deliver a facility for all partners identified above.

The purpose of the steering group will be.

1. To guide, direct and oversee the future use and development of the Council land holdings in Waipapa beyond what will be delivered by Phase One of the Te Puawaitanga project.

2. To provide direction and input into the establishment of any governance groups, partnership agreements, lease agreements, ownership structures, incorporated societies and management committees tasked with owning and operating of any facilities built on the Council owned land in Waipapa or tasked with fund raising for any future development on the land.

The proposed membership composition of the steering group is as follows.

· At least three elected members appointed by Council with one appointed as the Chair of the proposed steering group.

· One community board representative nominated by the Bay of Islands/Whangaroa Community Board and appointed by Council.

· Up to two hapū representatives nominated by the Te Pātukurea Hapū Rōpū.

· One Sport Northland Representative appointed by Sport Northland.

· Three sporting code representatives appointed by Council with support from Sport Northland.

· The Chief Executive Officer of the Far North District Council or his delegate(s) (without voting rights).

A draft of the Terms of Reference for a Steering Group for the Waipapa Council Landholdings can be found in attachment 1 to this report.

Maps of the two titles that make up the landholdings that are subject of this report and the sports facilities (Te Puawaitanga) footprints on the site can be found in attachment 2 to this report.

Option One (Staff recommended option)

Council approves the establishment of a Steering Group to oversee the future use and development of the Council owned land in Waipapa with the legal description Lot 18 Deposited Plan 316057 identifier 26858 and Lot 17 Deposited Plan 333643 identifier 137900.

Option Two

Council does not approve the establishment of a Steering Group to oversee the future use and development of the Council owned land in Waipapa with the legal description Lot 18 Deposited Plan 316057 identifier 26858 and Lot 17 Deposited Plan 333643 identifier 137900.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Council now needs to turn its mind to getting the best use out of its landholdings in Waipapa. A steering group focused on overseeing the future use and development of the land holdings identified in this report will add assurance that this will be achieved for the partners identified in this document.

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

There are no direct financial implications of this decision beyond ensuring that adequate human resources are made available to support the Steering Group and Steering Group Meetings.

Āpitihanga / Attachments

1. Council owned landholdings of State Hghway 10 Waipapa and Te Puawaitanga site plans - A4500847 ⇩

2. Waipapa Council Landholdings Steering Group Draft Terms of Reference - A4500846 ⇩

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 report has a low degree of significance as it does not meet any of the thresholds identified in the Council’s Significance and Engagement Policy.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The establishment of a steering group to oversee the future use and development Council’s landholdings in Waipapa progresses the delivery of the following community outcomes as identified in the 2021-31 Long Term Plan. · Proud, vibrant communities. · Prosperous communities supported by a sustainable economy. · Communities that are healthy, safe, connected, and sustainable. The establishment of a steering group to oversee the future use and development of Council’s landholdings in Waipapa will implement the following from Council’s long-term strategy, Far North 2100. Putting the wellbeing of the communities first, · Working collaboratively with government agencies and community groups that have similar wellbeing strategic goals. This aims to: o achieve wellbeing outcomes in the form of improved public health, social connections, and the wellbeing of communities. o build partnerships with agencies, iwi and hapū, so we benefit from collective knowledge and experience, and diverse worldviews. o pool the expertise, capacity and capability into focused projects that have common outcomes.
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 facility being built in phase one and the initial concepts for phase two is heading towards a facility that will have District wide relevance. However, it is recognised that the location of the land is in the Bay of Islands/Whangaroa ward therefore the proposed steering group membership has representation from the Bay of Islands/Whangaroa Community Board
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 proposed membership of the steering group acknowledges the Ngāti Rēhia as Kaitiaki of the Council land in Waipapa and acknowledges the Te Pātukurea Hapū Rōpū (a collective of eight hapū that have an interest in the Kerikeri/Waipapa area) which has oversight of the development of the spatial plan for Kerikeri and Waipapa that includes the Council owned land that is the subject of this report. The proposed membership of the steering group includes the proposal to invite two hapū representatives nominated by the Te Pātukurea Hapū Rōpū to be part of the steering 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).	Wider interested parties include members of the sporting codes who have been identified as needing playing facilities in the Waipapa/Kerikeri area. The proposed steering group includes three sporting code representatives appointed by Council with the support of Sport Northland.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no direct financial implications outside of providing administrative support to the Steering Group.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report

Ordinary Council Meeting Agenda

11 December 2023

6.4 Committee Recommendations and Resolutions - December 2023

File Number: A4490032

Author: Ellie Greenwood, Democracy Advisor

Authoriser: Casey Gannon, Manager - Democracy Services

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 27 November 2023 – Te Koukou – Transport Committee

o 28 November 2023 – Te Kuaka – Te Ao Māori Committee

o 04 December 2023 Te Miromiro – Assurance Risk and Finance 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.

TŪTOHUNGA / Recommendation

That Council:

Te Kuaka- Te Ao Māori Committee - Item 5.1- Climate Action Policy

a) endorse the Climate Action Policy and support its early socialisation with iwi/hapu/whanau.

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:

27 November 2023 – Te Koukou Transport Committee

27 November 2023 – Te Koukou Transport Committee Agenda

No escalation required.

28 November 2023 – Te Kuaka Te Ao Māori Committee

28 November 2023 – Te Kuaka Te Ao Māori Committee Agenda

Te Kuaka- Te Ao Māori Committee - Item 5.1- Climate Action Policy

Recommend that Council endorse the Climate Action Policy and support its early socialisation with iwi/hapu/whanau.

04 December 2023 – Te Miromiro Assurance Risk and Finance Committee

Escalation required as part of the Public Excluded Agenda

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

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

Āpitihanga / Attachments

1. 2023-11-27 Te Koukou - Transport Committee Minutes - A4491678 ⇩

2. 2023-11-28 Te Kuaka â€“ Te Ao MÄ?ori Committee Minutes - A4493437 ⇩

3. 2023-12-04 Te Miromiro - Assurance, Risk and Finance Committee Minutes - A4503861 ⇩

Ordinary Council Meeting Agenda

11 December 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 - October 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 - Committee Recommendations and Resolutions - December 2023	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
8.4 - Uplifting and Updating the Amendment to Resolution - Refer report 1 Wharo Way & Pōhutukawa Tree (A4194047)	s7(2)(c)(ii) - the withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely otherwise to damage the public interest	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 - John Butler Centre Far North District Council office lease renewal	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)(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
8.6 - Increase in Total Value Contract 7/22/150 - FNDC Slip Repairs Suite 01	s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities	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