Agenda of Ordinary Council Meeting - Thursday, 8 February 2024

8 February 2024

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

6.1 Confirmation of Previous Minutes

File Number: A4532090

Author: Fleur Beresford, 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 on 11 December 2023 as a true and correct record; and

b) confirm the minutes of the Extraordinary Council meeting held 18 January 2024 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. 2024-01-18 Council Minutes [A4539759] - A4539759 ⇩

2. 2023-12-11 Council Minutes [A4508533] - A4508533 ⇩

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

8 February 2024

7 Ngā Pūrongo / Reports

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

File Number: A4520090

Author: Michelle Rockell, Team Leader - Property Management

Authoriser: Kevin Johnson, Group Manager - Delivery and Operations

Take Pūrongo / Purpose of the Report

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

WhakarĀpopoto matua / Executive Summary

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

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

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

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

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

· Reserves Act Schedule 1: allows for a term ‘not exceeding 33 years’ and requires public notice.

· Information report to the Te Hiku Community Board - June 2022, was amended to include a recommendation to Council to initiate the process of a new long-term lease.

· The process to initiate a new long-term lease was commenced in January 2023 when FNDC staff requested background information from the Trust. This information was received in June 2023.

· On 21 September 2023 Council resolved to initiate public consultation. Resolution 2023/111.

· Consultation ran from 30 October to 27 November. A total of 91 submissions were received. Out of the 91 submissions, 86 were in support and 5 were against the proposed lease.

· A total of 3 submissions were heard by the Te Hiku Community Board on the 12^th December 2023. All verbal submissions were in favour.

tŪtohunga / Recommendation

That Council:

a) approve a new ground lease to Aupōuri Ngāti Kahu – Te Rarawa Trust over Tangonge Domain, over 20,234 square metres being Recreation Reserve DP 108 Title NA530/132, located at 63 Bonnet Road, Kaitaia.

The terms of the proposed leased shall be:

· Term: 30 years (15 + 15)

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

b) approve further conditions to be negotiated and agreed upon by the Group Manager Delivery and Operations.

1) TĀhuhu kŌrero / Background

At the 12 December 2023 Te Hiku Community Board meeting, the following resolution was passed:

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

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

Projects completed to date include:

· Development of the 2019 Tangonge Domain Concept Plan.

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

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

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

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

· Community events to date:

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

o Christmas in the Paddock: December 2022

o Touch Under 16s mixed: Feb 2023

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

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

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

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

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

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

ANT Trust provided the following documents to support the lease extension request. Please see the below link to the 21 September 2023 Council meeting at which they were provided:

https://infocouncil.fndc.govt.nz/Open/2023/09/CO_20230921_AGN_2642_AT.PDF

· Concept plan: Pages 111 – 116

· Condition Report & Feasibility Study: Pages 117 – 156

· Lese extension request: Pages 157 - 160

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The requested 30-year lease is outside of the existing lease agreement; therefore a new lease along with public consultation is required.

Public Notification

Public Notice was advertised in the Northern Advocate and ran from 30 October - 27 November 2023 as required under the Reserve Act.

A total of 91 submissions were received. Out of the 91 submissions, 86 we in support and 5 were against the proposed lease. In their submissions, a total of 13 stated they wanted to be heard, however only three confirmed their attendance to the 12^th December 2023 Te Hiku Community Board meeting. All three were heard and were in support of the new proposed lease.

A copy of the submissions is attached.

Option 1 (recommended):

That Council:

a) approve a new ground lease to Aupōuri Ngāti Kahu – Te Rarawa Trust over Tangonge Domain, over 20,234 square metres being Recreation Reserve DP 108 Title NA530/132, located at 63 Bonnet Road, Kaitaia.

The terms of the proposed leased shall be:

· Term: 30 years (15 + 15)

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

b) approve further conditions to be negotiated and agreed upon by the Group Manager Delivery and Operations.

Option 2:

Recommend that Council does not grant a new ground lease to Aupōuri Ngāti Kahu – Te Rarawa Trust.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

As per the FNDC Parks and Reserves Policy 2022, Council will grant exclusive leases to part or all of a reserve for a maximum term of 15 years with a further right of renewal for 15 years if it deems such terms to be appropriate. Proposing a term of 30 years (15+15) provides security of tenure for Aupōuri Ngāti Kahu – Te Rarawa Trust, ensures more regular check in’s with Council staff and flexibility for both parties.

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

ANT Trust will continue to be responsible for all maintenance of the grounds and building should a new ground lease be granted.

Āpitihanga / Attachments

1. Public submissions Oct - Nov 2023 - A4497222 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Medium- we are requesting the Community Boards feedback and recommendation.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	FNDC Parks and Reserves Policy 2022: The Policy supports a long-term lease being offered to community orientated groups wanting a permanent base, requiring significant financial investment.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Delegation to Council in respect of applications for the use and/or lease of reserves not contemplated by an existing reserve management plan
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	ANT Trust represents the iwi of Aupōuri, Ngāti Kahu and Te Rarawa. Their requests presented to FNDC have been considered in the recommendation. Public consultation ran from 30 October to 27 November 2023. 91 submissions were received. 86 were in support, 5 were against the proposed lease. 13 of the total submissions wish to be heard. These were contacted and two have confirmed they will be heard at the 12^th December Te Hiku Community Board meeting. Far North District Council recognises the significant role of tangata whenua as set out in the Working with Māori chapter in the Long Term Plan 2021-2031. Ngāti Kahu, Ngāi Takoto and Te Rarawa were notified via a letter sent via post and email of the public consultation.
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 community have been notified and consulted via public notice and consultation.
State the financial implications and where budgetary provisions have been made to support this decision.	All upgrade and maintenance costs fall to the lessee. The FNDC Fees and Charges Policy sets out the rental for leases over reserve land.
Chief Financial Officer review.	The CFO has reviewed this report.

Ordinary Council Meeting Agenda

8 February 2024

7.2 New Ground Lease to Te Rarawa Rugby Club Incorporated over Rarawa Memorial Domain Recreation Reserve

File Number: A4520092

Author: Michelle Rockell, Team Leader - Property Management

Authoriser: Kevin Johnson, Group Manager - Delivery and Operations

Take Pūrongo / Purpose of the Report

To seek Council resolution to initiate public consultation on the granting of a new ground lease over recreation reserve, under Section 54 Reserves Act 1977 being Section 151 Block IV Ahipara SD and Lot 4 DP 366836 to Te Rarawa Rugby Club Incorporated.

WhakarĀpopoto matua / Executive Summary

· Te Rarawa Rugby Club Incorporated have been established at the Rarawa Memorial Domain Recreation Reserve since 1 December 1985.

· September 2023 Te Rarawa Rugby Club Incorporated formally and requested a new lease.

· There is no existing Reserve Management Plan for Rarawa Memorial Domain Recreation Reserve.

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

· This report was presented to the Te Hiku Community Board on 12 December 2023 who resolved to recommend the initiation of public consultation. Resolution 2023/119.

tŪtohunga / Recommendation

That Council:

a) approve the commencement of public consultation process on the granting of a new ground lease to Te Rarawa Rugby Club Incorporated over part of the Rarawa Memorial Domain Recreation Reserve being Section 151 Block IV Ahipara SD, approximately 40,468 square metres, held in New Zealand Gazette 1979, page 1202 and Recreation Reserve held in Record of Title 308444, being of Lot 4 DP 366836, approximately 6010 square metres.

The terms of the proposed lease shall be:

· Term: 30 Years (15+15);

· Rental: As per FNDC Fees and Charges Schedule for a Community Lease;

· $118 plus GST for 2023/24 and reviewed annually in conjunction with the FNDC Fees and Charges Schedule;

with further conditions negotiated and agreed upon by the Group Manager Delivery and Operations, and Te Rarawa Rugby Club Incorporated; and

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

1) TĀhuhu kŌrero / Background

On 12 December 2023, Te Hiku Community Board passed the following resolution:

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Rarawa Memorial Domain Recreation Reserve is vested in Council and has been occupied by Te Rarawa Rugby Club Incorporated, since 1985.

Te Rarawa Rugby Club Incorporated occupy the site in conjunction with Te Rarawa Football Club.

In September 2023, Te Rarawa Rugby Club Incorporated approached Council formally seeking a new ground lease.

Te Rarawa Rugby Club Incorporated is a well-established group with 38 years of service to the local community. Their main objective is to provide sport (primarily rugby but not limited) to the Community of Ahipara and surrounding areas.

Te Rarawa Rugby Club Incorporated currently has 4 Junior Rugby Teams, 1 Young Adult team and a Senior Mens & Senior Women’s Team. Their total membership is approximately 180 with the expectation of growth in 2024 with the addition of another Young Adult team.

With 2 playing fields, Te Rarawa Rugby Club Incorporated provide the option of year-round training. Te Rarawa Rugby Club Incorporated are seeking funding to upgrade and add new lights over the fields and courts.

Te Rarawa Rugby Club Incorporated provide a Touch module over the summer period hosting 8-10 teams comprised mainly of local Whanau of all ages. Te Rarawa Rugby Club Incorporated also care for and maintain the two courts (netball/tennis and basketball) as well as the cricket pitch located between the second field & the Te Rarawa Football Club grounds.

Te Rarawa Rugby Club Incorporated club is the unofficial Community Hall of Ahipara. It is used by the Ahipara School as an indoor venue for major events, presentations, and Kapa Haka trainings. The field and lights are used by the Emergency Services when landing their helicopters, the venue has been used as a Civil Defence community hub. It is a meeting venue for other groups including the Te Hiku Community Board as well as being used by organisations who provide activities for the community e.g. Te Rarawa's Relay for Life, Inter-School sports events & Ahipara Aroha's Matariki Festival.

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Aerial view of proposed leased area in red.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The 2013 Minister of Conservation Reserves Act Delegations provide for Local Authorities to wear the hat of the Minister for delegated actions over vested recreation reserves.

Section 54(1) of the Reserves Act 1977 (“the Act”) provides for Council, with the prior consent of the Minister, to grant leases over recreation reserves. From 2013, prior consent of the Minister is delegated to Council.

Section 54(2) Reserves Act 1977 requires public notification of the proposed lease action where no current reserve management plan is in place for the vested recreation reserve. There is no current reserve management plan for the Rarawa Memorial Domain Recreation Reserve.

Council resolution to commence public consultation satisfies the prior consent of the Minister and the public notice requirements.

Public Notification

Sections 119 and 120 of the Act provides the process for publicly notifying the lease proposal and receiving submissions.

Where the Act requires public notice on the granting of a lease, the proposal must be publicly notified in a local newspaper, with one months’ notice and all submissions/objections to the proposal are to be in writing. Where requested, a submitter must be given the opportunity to appear before Council or a committee of Council, to speak to their objection/submission. Every submission/objection in relation to the proposal must be considered before proceeding with the proposal.

Section 54 of the Act (Leasing powers in respect of recreation reserves) delegates to Council the

the options available for this site are:

Option 1: Recommended

That Council:

a) approve the commencement of the public consultation process on the granting of a new ground lease to Te Rarawa Rugby Club Incorporated over part of the Rarawa Memorial Domain Recreation Reserve being Section 151 Block IV Ahipara SD, approximately 40,468 square metres, held in New Zealand Gazette 1979, page 1202 and Section 151 Block IV Ahipara SD, held in Record of Title 308444, being of Lot 4 DP 366836, approximately 6010 square metres.

The terms of the proposed lease shall be:

· Term: 30 Years (15+15)

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

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

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

Option 1 will allow Te Rarawa Rugby Club Incorporated to continue providing their service to the community.

Option 2:

a. Decline Te Rarawa Rugby Club Incorporated request for a new ground lease

b. Ask Te Rarawa Rugby Club Incorporated to remove any existing building(s) and associated assets from the reserve and reinstate the recreation reserve at their cost.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Te Rarawa Rugby Club Incorporated provide a beneficial service to the community and requiring them to vacate the land will be detrimental to the Community, Whānau and Tamariki of the area.

Te Rarawa Rugby Club Incorporated require certainty of a long-term lease for funding purposes to carry out development projects over the Domain.

As per the FNDC Parks and Reserves Policy 2022, Council can grant exclusive leases to part or all of a reserve for a maximum term of 15 years with a further right of renewal for 15 years if it deems such terms to be appropriate.

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

Public consultation will enable Council to assess the community’s engagement with the Te Rarawa Rugby Club Incorporated proposal. Public consultation gives the community the opportunity to put forward alternative options for the occupation of the building and/or the use of the site.

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

The lease will provide for the lessee to continue to be responsible for all ongoing maintenance of the associated green space.

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

Should a lease not be provided to Te Rarawa Rugby Club Incorporated, and the land reinstated to reserve, Council will become responsible for any ongoing maintenance of the site, placing more pressure on the Reserve’s maintenance budget.

Āpitihanga / Attachments

1. Record of title - A4469448 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

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

Ordinary Council Meeting Agenda

8 February 2024

7.3 New Ground Lease to Hokianga Bowling Club over 61 Clendon Esplanade, Rāwene

File Number: A4520098

Author: Michelle Rockell, Team Leader - Property Management

Authoriser: Kevin Johnson, Group Manager - Delivery and Operations

Take Pūrongo / Purpose of the Report

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

WhakarĀpopoto matua / Executive Summary

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

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

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

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

· The Kaikohe-Hokianga Community Board recommended to Council that public consultation be undertaken. Resolution 2023/99.

· Public consultation ran from 10 October to 7 November. A total of 9 submissions were received. All of the submissions were in support of the proposal and one was heard by the Kaikohe – Hokianga Community Board on the 13 December 2023.

tŪtohunga / Recommendation

That Council:

a) approve a new ground lease to be issued to Hokianga Bowling Club Incorporated, over approximately 2700.9m2 of land being Sections 153, 157 and 158 TN OF Rāwene, located at 61 Clendon Esplanade, Rāwene and vested in Far North District Council as recreation reserve.

The terms of the proposed lease shall be:

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

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

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

b) approve further conditions to be negotiated and agreed upon by the Group Manager Delivery and Operations.

1) TĀhuhu kŌrero / Background

On the 12 December 2023, the Kaikohe – Hokianga Community Board passed the following resolution:

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

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

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

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

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

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Reserves Act 1977

Section 73 of the Reserves Act 1977 (“the Act”) authorises Council to grant leases over a vested recreation reserve by way of Minister of Conservation delegation 12 June 2013.

The Reserves Act section 73(3) provides for a lease over part of recreation reserve where any part of such a reserve is not likely to be used for that purpose and it is considered inexpedient to revoke the reservation at this time. The lease is subject to the conditions of Reserves Act Schedule 1.

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

Public Notification

Public consultation ran from 10 October to 7 November 2023. A total of 9 submissions were received. All of the submissions were in support of the proposed lease, and one was heard by the Kaikohe – Hokianga Community Board on the 13 December 2023.

The options available for this site are:

Option 1: Recommended

That Council:

a) approve a new ground lease to be issued to Hokianga Bowling Club Incorporated, over approximately 2700.9m2 of land being Sections 153, 157 and 158 TN OF Rāwene, located at 61 Clendon Esplanade, Rāwene and vested in Far North District Council as recreation reserve.

The terms of the proposed lease shall be:

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

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

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

b) approve further conditions to be negotiated and agreed upon by the Group Manager Delivery and Operations.

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

Option 2:

a. Decline HBC request for a new lease.

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

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

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

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

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

Āpitihanga / Attachments

1. Public Consultation Summary - Hokianga Bowling Club 2023 - A4551345 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Medium – involvement from the Community Board is required to make a decision based on the information from public consultation.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	FNDC Reserves Policy 2022: The Policy supports a long-term lease being offered to community orientated groups wanting a permanent base. The Reserves Act 1977: Section 119 and 120 require that public consultation be initiated prior to the granting of a lease.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Delegation to Council in respect of applications for the use and/or lease of reserves not contemplated by an existing reserve management plan
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	Far North District Council recognises the significant role of tangata whenua as set out in the Working with Māori chapter in the Long-Term Plan 2021-2031. It is important to notify iwi/hapū in the Rawene locality of the lease proposal prior to the public consultation. Te Hono was approached to provide advice on who the main contacts were in the first instance. A letter was sent via email to Ngati Hau & Ngati Kaharau to inform them of the requested lease. Both groups were notified once again when public consultation was initiated. Public consultation ran from 10 October to 7 November 2023. A total of 9 submissions were received. All of the submissions were in support of the proposed lease, and one was heard by the Kaikohe – Hokianga Community Board on the 13 December 2023.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	Public consultation and Iwi consultation was progressed as per the Reserves Act 1977 and the FNDC Engagement Policy. This will allowed us to identify any people or groups who may be affected or have interest in the matter.
State the financial implications and where budgetary provisions have been made to support this decision.	All upgrade and maintenance costs fall to the lessee. The appropriate community rent for the land is set by the FNDC Fees Charges Policy.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

8 February 2024

7.4 New Ground Lease to Playcentre Aotearoa - Russell Playcentre over 12 Church Street, Russell

File Number: A4520144

Author: Michelle Rockell, Team Leader - Property Management

Authoriser: Kevin Johnson, Group Manager - Delivery and Operations

Take Pūrongo / Purpose of the Report

To seek Council resolution on the granting of a new ground lease, under Section 61 Reserves Act 1977, to Playcentre Aotearoa over Lot 6 DP 7147, 12 Church Street, Russell.

WhakarĀpopoto matua / Executive Summary

· Russell Playcentre, operating under the Playcentre Aotearoa umbrella, have been established at 12 Church Street since the 1960s.

· In August 2023, Playcentre Aotearoa approached Council seeking permission to install a bike track and with that, a new ground lease.

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

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

· Kororāreka Marae Committee has been notified by the way of letter sent via email of the proposed lease. Their provided a response in support of the proposed lease.

· This report was presented to the Bay of Islands – Whangaroa Community Board on the 23^rd November 2023 who have recommended the granting of a new ground lease to Council. Resolution 2023/167.

tŪtohunga / Recommendation

That Council:

a) grant a new ground lease to Playcentre Aotearoa over the Local Purpose (Playcentre) Reserve being approximately 736 square meters of Lot 6 DP 7147, 12 Church Street, Russell, held in New Zealand Gazette 1984 page 3528 and vested in Far North District Council as Local Purpose Reserve.

The terms of the lease shall be:

i) 30 years (10+10+10)

ii) Rental: as per FNDC Fees and Charges schedule for a community lease.

$118 plus GST for 2023/2024 and reviewed annually in conjunction with the FNDC Fees and Charges schedule.

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

1) TĀhuhu kŌrero / Background

On the 23^rd November 2023, this report was presented to the Bay of Islands – Whangaroa Community Board who resolved the following:

A black and white document with black text

Description automatically generated The Local Purpose (Playcentre) Reserve is vested in Council and has been occupied by Russell Playcentre since the 1960s.

The Russell Playcentre previously held a lease over the reserve under the Mid Northland Playcentre Association umbrella. This lease expired in 2017.

In 2019 the New Zealand Playcentre Federation and all 32 Playcentre Associations (Mid Northland Playcentre included) from around the country were formally amalgamated into Playcentre Aotearoa. A staff member from Russell Playcentre advised of this process beginning in 2013 and recommended not progressing with a new lease that would need to be amended due to this amalgamation.

The playcentre is the only early childhood centre in Russell and caters to families from Russell, Waikare, Opua and Paihia. They strive to provide a complete early childhood education service for children aged 0-6, teaching through free play, empowering within safe limits, and providing support and education to families.

Playcentre Aotearoa is a bicultural organisation, providing resources and planning activities which promote Māori culture, including encouraging use of Te Reo, supporting staff through Te Reo courses and organising visits to their local marae “Haratu”.

An aerial view of a neighborhood

Description automatically generated

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Though public notice is not required for this site, Kororāreka Marae Committee have been notified of the proposed lease via letter. A response supporting the lease was received. Please see attached.

The options for this site are:

Option 1: Recommended

That Council:

The terms of the lease shall be:

i) 30 years (10+10+10)

ii) Rental: as per FNDC Fees and Charges schedule for a community lease.

$118 plus GST for 2023/2024 and reviewed annually in conjunction with the FNDC Fees and Charges schedule.

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

This option allows the Russell Playcentre to continue providing essential early childhood education services to the families of Russell and surrounding areas.

Option 2:

a) Decline Playcentre Aotearoa request for a new lease.

b) Ask Playcentre Aotearoa to remove the existing building and associated assets from the reserve and reinstate the local purpose reserve at their cost.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Russell Playcentre, operating under the Playcentre Aotearoa umbrella, provide a beneficial service to the community and requiring them to vacate would be detrimental to the whānau and tamariki of the area.

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

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

The lease will provide for the lessee to continue to be responsible for all ongoing maintenance of the associated green space. The lease will provide for the lessee to be responsible for the payment of all utility charges, rates if applicable and insurances.

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

Āpitihanga / Attachments

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. The Russell Playcentre is a well-established community asset.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	FNDC Parks and Reserves Policy 2022: The Policy supports a long-term lease being offered to community orientated groups wanting a permanent base, requiring significant financial investment. FNDC Fees and Charges. Section 61 Reserves Act 1977 https://www.legislation.govt.nz/act/public/1977/0066/latest/DLM444767.html
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Delegation to the relevant Community Board to provide recommendations to the Council in respect of applications for the use and/or lease of reserves not contemplated by an existing reserve management plan.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	Far North District Council recognises the significant role of tangata whenua as set out in the Working with Māori chapter in the Long Term Plan 2021-2031. Te Hono was approached to provide advice on who the main contacts were in the first instance. A letter was sent via email to the Kororāreka Marae Committee to inform them of requested lease. A response supporting the proposed lease was received from the Kororāreka Marae Committee.
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 community of Russell and surrounding localities will be affected should this lease not be granted. The Reserves Act 1977 does not require Council to initiate public notice for leases over Local Purpose reserves.
State the financial implications and where budgetary provisions have been made to support this decision.	All upgrade and maintenance costs fall to the lessee. The FNDC Fees and Charges Policy sets out the rental for leases over reserved land.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

8 February 2024

7.5 Temporary Road Closure - Mangonui Waterfront Festival

File Number: A4520935

Author: Fraser Hoani, Road Corridor Manager - TMC

Authoriser: Calvin Thomas, General Manager - Northland Transportation Alliance

Take Pūrongo / Purpose of the Report

The purpose of this paper is to obtain Council approval for a temporary road closure.

WhakarĀpopoto matua / Executive Summary

· The Northland Transportation Alliance manage temporary road closures for events as Council’s roading and transport department.

· The task of approving road closures, specifically for the safe operation of Events, cannot be delegated by Council.

· Advertising of each event will take place approximately 42 days before proposed event and 1 week before the event in accordance with the Transport (Vehicular Traffic Road Closure) Regulations 1965.

· Without Council approval the Mangonui Waterfront Festival cannot take place.

tŪtohunga / Recommendation

That Council approve the proposed temporary road closure to accommodate the safe operation of the Mangonui Waterfront Festival.

1) TĀhuhu kŌrero / Background

Mangonui Waterfront Festival: Saturday 2^nd March 2024

A celebration and showcase for everything good about the Far North, from wine and food to music and art with stalls stretching from just north of the Old Oak Boutique Hotel to the wharf. The road frontage is closed to traffic for the duration of the event. Crowds of around 5,000 are expected.

Road closure and times:

Waterfront Drive, starting approximately 550m south of Mabel Thorburn Place to approximately 50m north of Tasman Street.

Saturday 2^nd March 2024 from 09:00 to 19:30.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The Public Notice for the proposed temporary road closure will be advertised in the Northern News, Chronicle, Northland Age and FNDC Website at least 42 days before this event and 7 days leading up to this event.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

To enable the Mangonui Waterfront Festival to take place.

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

There are no budgetary implications.

Āpitihanga / Attachments

1. Mangonui Waterfront Festival 2024 Long Form TMP - A4539330 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low Significance
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	For the purpose of holding on any road any vehicle races or trails, or any processions, carnivals, celebrations, sporting events, or other special events, the controlling authority may, subject to the provisions of these regulations, close the road to ordinary vehicular traffic for a period or series of periods of not more than 12 hours each in any consecutive 24 hours.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Local relevance
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	No specific implications for Maori have been identified
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	N/A
State the financial implications and where budgetary provisions have been made to support this decision.	No budgetary implications
Chief Financial Officer review.	The Chief Financial Officer has not reviewed the report

Ordinary Council Meeting Agenda

8 February 2024

7.6 Temporary Road Closure - Cruzn The Bayz

File Number: A4521797

Author: Fraser Hoani, Road Corridor Manager - TMC

Authoriser: Calvin Thomas, General Manager - Northland Transportation Alliance

Take Pūrongo / Purpose of the Report

The purpose of this paper is to obtain Council approval for a temporary road closure.

WhakarĀpopoto matua / Executive Summary

· The Northland Transportation Alliance manage temporary road closures for events as Council’s roading and transport department.

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

· Advertising of each event will take place approximately 42 days before proposed event and 1 week before the event in accordance with the Transport (Vehicular Traffic Road Closure) Regulations 1965

· Without Council approval the Cruz’n the Bayz cannot take place.

tŪtohunga / Recommendation

That Council approve the proposed temporary road closure to accommodate the safe operation of Cruz’n the Bayz in Kerikeri.

1) TĀhuhu kŌrero / Background

Cruz'n the Bayz: Saturday 9^th March 2024

A 3-day Classic, Hot Rod, Muscle Car, and Motorcycle event that will take place in Waitangi, Kerikeri, Kaikohe, and Paihia. The event will include driving from town to town, stopping to enjoy local food and music.

This year we have changed the road closure and will be only closing the centre of town, keeping the traffic flowing through town one way to the Clark/Kerikeri Road roundabout, the closure will be clearly signed out and a Marshall/TC will be at each turning point, to help keep the traffic flowing in the correct direction. The custom cars will enter and exit this year from Cobham Road and park in the closure, the overflow of custom cars can use the grounds this year. Good notification in the use of VMS Boards will be utilised to help keep the public informed of the road closure and detour.

Road Closure and times:

Starting at Kerikeri Road and Homestead Road intersection ending at the intersection of Kerikeri Road and Fairway Drive. Cobham Road from Hobson Avenue and Kerikeri Road.

Saturday 9^th March 2024 from 07:00 to 13:00.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

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

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision

There are no budgetary implications.

Āpitihanga / Attachments

1. Temporary Road Closure - Cruz N the Bayz - Maps and Diagrams - A4551275 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low Significance
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	For the purpose of holding on any road any vehicle races or trails, or any processions, carnivals, celebrations, sporting events, or other special events, the controlling authority may, subject to the provisions of these regulations, close the road to ordinary vehicular traffic for a period or series of periods of not more than 12 hours each in any consecutive 24 hours.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Local relevance
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	No specific implications for Maori have been identified.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	N/A
State the financial implications and where budgetary provisions have been made to support this decision.	No budgetary implications
Chief Financial Officer review.	The Chief Financial Officer has not reviewed the report

Ordinary Council Meeting Agenda

8 February 2024

7.7 Appointment of Independent Hearings Commissioner

File Number: A4544796

Author: Trish Routley, Manager - Resource Consents

Authoriser: Jonathan Slavich, Chief Financial Officer

Take Pūrongo / Purpose of the Report

The purpose of the report is to discuss and seek recommendations to Council for the following:

1. An updated independent commissioner list;

2. To appoint Mr Simeon McLean and Mr Pat Killalea to the pool of independent commissioners under section 34A of the Resource Management Act 1991, (the ‘Act’) for signing of Resource Consent Decisions.

WhakarĀpopoto matua / Executive Summary

· The Act provides that Council may delegate its functions, powers or duties to independent Commissioners appointed by Council.

· Council has a statutory requirement to maintain a pool of independent commissioners that meet the accreditation requirements and include a sufficient variety of knowledge and experience.

· Simeon McLean and Pat Killalea both have extensive experience in resource consenting in the Far North and would assist the Resource Consent team to undertake Commissioner work as well as assist to ensure continuity of service and the efficient determination of resource consents in a timely manner.

tŪtohunga / Recommendation

That Council appoint Mr Simeon McLean and Mr Pat Killalea to the Council’s list of approved Commissioners, pursuant to section 34A of the Resource Management Act 1991.

1) TĀhuhu kŌrero / Background

The Resource Management Act 1991 provides that Council may delegate its functions, powers or duties to independent commissioners appointed by Council.

The Act requires Council to engage independent commissioners under the following circumstances:

· Notified resource consents.

An applicant and/or submitter/s to a notified resource consent application may request that council appoint at least one independent commissioner to hear and decide on the application. This also applies to notified notices of requirement for a designation and heritage. If such a request is received, council must delegate its functions, powers, and duties to hear and decide the application to one or more independent commissioners.

· Objections to a decision of council officer on resource consent

An applicant who is objecting to a decision by a council officer has the ability to request that their objection be heard by an independent commissioner. If such a request is received, council must delegate its functions, powers, and duties to consider and decide on the objection to one or more independent commissioners.

Council may also choose to use independent commissioners for:

· reviewing resource consent conditions.

· resource consent applications and recommendations on notices of requirement

· notification or non-notification of resource consents

· servicing of an application

Independent commissioner roles extend to:

· providing advice on technical or procedural matters to make decisions on particular applications,

· for perceived or actual conflicts of interest or perceptions of bias,

· where issues are complex or of a highly technical nature and there is a need for specialist expertise that is not available within council,

· where an application has substantive implications for council policy,

· assisting council when councillors are not available or following local body elections, and/or

· covering lengthy hearings.

Independent commissioner role can also include the following, however this is related to the District Plan team and is not the purpose of these two commissioners who will solely be involved in the delegated functions associated with resource consents:

· making decisions on –

o proposed policy statements, proposed plans, variations, or plan changes (other than approval)

o plan changes or variations and on submissions to plan changes (other than declaring a plan change operative)

Councils have the discretion to decide who they employ as independent commissioners provided, they meet the Act’s accreditation requirements, and they are not a member (including elected representatives) of Council.

The Resource Consents Team currently has only three people with the delegations to sign off decisions under the RMA and LGA. This is the Manager, one Team Leader and one Senior Planner. Due to the continued high volume of applications, the resource consents team added Mr. Barry Mosely to the list of commissioners used by the Resource Consents team. The other two commissioners are Mr William Smith and Mr. Alan Watson. Both Mr. Smith and Mr. Watson will have decreased availability due to being selected to be involved in the submissions hearings for the Proposed District Plan. The volume of decisions required to be signed off and meet customer service expectations and stay within statutory timeframes requires us to have two commissioners to replace Mr Watson and Mr Smith. Delaying this report beyond the 8^th February 2024 Council Meeting results in pushing out statutory timeframes and increasing costs to FNDC with discounts when consents are not processed within 20 working days.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Council is required to ensure that it has an appropriate pool of independent commissioners to meet its functions, powers and duties under the Resource Management Act 1991. It is recognised as good practice for council to use independent commissioners in the place of staff and elected representatives, particularly where:

· Independent commissioners can help ensure continuity of service and the efficient determination of resource consents in a timely manner;

· Staff and/or elected representative/s may be perceived to have an actual or alleged conflict of interest;

· Council is determining objections relating to council charges;

· Matters are outside the technical knowledge or experience of staff and/or elected representative/s; such as legal matters, built heritage, previous consenting knowledge or Te Ao Māori and Te Tiriti o Waitangi issues;

· Staff and/or an elected representative/s may have, or may be perceived to have, a closed mind on the proposal (such as when publicly stating opinions on the merits of a proposal in the media or at public meetings before it is heard);

· There may be a combined or joint hearing with a district or regional council and a neutral chairperson or adviser is considered desirable;

· Council Controlled Organisation Far North Holdings Ltd is the applicant or has an interest in the outcome of the matter being considered, and council may therefore be perceived to have an actual or alleged conflict of interest; and/or

· Staff or contractors of council are the applicant or have an interest in the outcome of the matter being considered, and council may therefore be perceived to have an actual or alleged conflict of interest.

Mr Pat Killalea has extensive experience in the Far North, and recently ended 26 years as the Principal Planner for FNDC. Mr Killalea has an undergraduate degree in Geography from Massey University and a Masters in Planning from Auckland University. Mr Killalea also received a Distinguished Service Award from the New Zealand Planning Institute in 2021. He is a certified Hearings Commissioner having recently undertaken recertification from the Ministry for the Environment Making Good Decisions program in 2023(MfE).

Mr. Killalea has over 40 years planning experience, including working with central and local government. Familiar with all aspects of resource management. As a highly experienced Principal Planner and certified Hearings Commissioner Mr. Killalea maintains his knowledge and understanding of Te Ao Māori and tangata whenua values in the current environment by participating in ongoing education via the NZPI. In particular this relates to the impact of Treaty Settlements and the context for the application of Iwi Management Plans and Cultural Impact Assessments.

Mr. Simeon McLean has a Bachelor of Applied Science – Environment from the Open Polytechnic and a Post Graduate Diploma in Planning from Massey University (Awarded with Merit in 2021). He is a certified Hearings Commissioner having completed the Ministry for the Environment Making Good Decisions program in 2022(MfE).

Mr. McLean has over six years work history in resource consents planning specifically relating to the Far North District up to Team Leader level. This has included preparing, reviewing, making recommendation on and deciding a wide range of resource consent applications under the Far North District Plan, National Environmental Standards and the Northland Regional Plan.

Mr. McLean is currently Principal of a Consultancy established to provide professional Resource Management and Urban planning advice and services to individuals and organisations as well as Commissioner work. He has recently been an active decision maker for Far North District Council Resource Consents.

As a Planner and certified Hearings Commissioner Mr. McLean maintains his knowledge and understanding of Te Ao Māori and tangata whenua values in the current environment by participating in ongoing education via the NZPI. In particular, this relates to the impact of Treaty Settlements and the context for the application of Iwi Management Plans and Cultural Impact Assessments.w3+3. Mr. McLead has experience working with Iwi in the resource consents space both for applications on Maori Freehold land, including Papakainga and Marae developments, and managing the effects of activities on Maori lands and cultural and spiritual matters.

Mr. Killalea and Mr. McLean would both be valuable additions to the current pool of FNDC approved Commissioners.

As they both are not on Council’s list of approved Commissioners, they will need to be appointed formally by Council pursuant to s34A of the RMA which provides for delegations to Commissioners.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Pat Killalea and Simeon McLean are both very experienced Planners. Both are held in high regard by those organisations that use have used their services. It is therefore recommended that they both be appointed to the Council’s list of approved Hearings Commissioners.

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

The RMA and LGA allow Far North District Council to recover all reasonable costs incurred in respect of the activity to which the charge relates. The costs of the Independent Hearing Commissioners are passed on to the applicant.

Āpitihanga / Attachments

1. Commissioners with Making Good Decisions Certification - A4554253 ⇩

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 has a low degree of significance. It does not meet the criteria/threshold for a matter of significance.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Resource Management Act 1991 Local Government Act 2002 Far North District Plan (operative and proposed) LTP Community Outcome: A wisely managed and treasured environment that recognises the special role 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.	District Wide Significance
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	Pat Killalea has over 26 years working in the Far North. Simeon McClean has over 6 years working in the Far North. All applications go to the relevant Iwi or Hapu for their input prior to reaching the decision-making stage.
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 process is available to those that meet the criteria.
State the financial implications and where budgetary provisions have been made to support this decision.	The RMA and LGA allow Far North District Council to recover all reasonable costs incurred in respect of the activity to which the charge relates. The costs of the Independent Hearing Commissioners are passed on to the applicant.

Chief Financial Officer review.

The CFO has reviewed this report.

A document with text on it

Description automatically generated

Ordinary Council Meeting Agenda

8 February 2024

8 Ngā Pūrongo Taipitopito / Information Reports

8.1 Community Board Minutes - December 2023

File Number: A4549900

Author: Fleur Beresford, Democracy Advisor

Authoriser: Casey Gannon, Manager - Democracy Services

TAKE PŪRONGO / Purpose of the Report

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

WHAKARĀPOPOTO MATUA / Executive SummarY

Minutes from Te Hiku, Kaikohe-Hokianga, and Bay of Islands-Whangaroa Community Board December 2023 meetings are attached for Council information.

TŪTOHUNGA / Recommendation

That Council note the following Community Board minutes:

· 12 December 2023 Te Hiku Community Board;

· 13 December 2023 Kaikohe-Hokianga Community Board; and

· 14 December 2023 Bay of Islands-Whangaroa Community Board.

tĀHUHU KŌRERO / Background

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

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

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

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

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

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

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

Āpitihanga / Attachments

1. 2023-12-12 Te Hiku Community Board Minutes [A4508671] - A4508671 ⇩

2. 2023-12-13 Kaikohe-Hokianga Community Board Minutes [A4509102] - A4509102 ⇩

3. 2023-12-14 Bay of Islands-Whangaroa Community Board Minutes [A4515643] - A4515643 ⇩

Ordinary Council Meeting Agenda

8 February 2024

9 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
9.1 - 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
9.2 - 11 Matthews Ave, Kaitaia	s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
9.3 - Additional Funding Request Te Hiku Sports Hub	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)(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

10 Karakia Whakamutunga / Closing Prayer

11 Te Kapinga Hui / Meeting Close