Agenda of Ordinary Council Meeting - Thursday, March 14, 2024

Ordinary Council Meeting Agenda

14 March 2024

6 Ngā Pūrongo / Reports

6.1 Options Analysis for Financial Contributions

File Number: A4528387

Author: Nadine Hopkins, Senior Policy Advisor

Authoriser: Roger Ackers, Group Manager - Planning & Policy

Take Pūrongo / Purpose of the Report

To seek approval to develop a chapter on financial contributions in the District Plan.

WhakarĀpopoto matua / Executive Summary

· Collecting financial contributions is a way councils can collect funding from developers. This does not replace a Development Contributions Policy.

Update on Development Contributions Policy work

· In December 2021 the governing body approved development of a Development Contributions Policy as part of the 2021 Long-Term Plan process due to a concern about lack of funding to pay for infrastructure requirements.

· To develop a Development Contributions Policy, a strong evidence base with reliable data is needed to determine what proportion of capital expenditure projects incurred by council are related to (or caused by) growth, as opposed to the part of the projects which just relate to maintaining service levels.

· Identification of potential growth projects to date are primarily for waters assets and possibly some roading assets/transport projects. Of these, it is necessary to assess how much of these is growth-related. In 2023, the three waters legislation meant that those assets were to be transferred out of Council’s control and Council could not charge development contributions for them.

· The repeal of the three waters legislation in mid-February 2023 will now allow Council to collect development contributions for three waters. Work can now progress on a Development Contributions Policy for three waters assets.

· Work is ongoing to support a Development Contributions Policy, including asset management systems being created and spatial planning.

Financial Contributions as another method to consider – does not replace a Development Contributions Policy.

· Collecting financial contributions is another way funding from developers can be collected by Council. This does not require growth data and the purposes for collecting financial contributions are broader than development contributions. These are collected under the Resource Management Act 1991.

· Collecting financial contributions does not mean a council cannot also charge development contributions provided they do not double dip. Approximately 61% of councils nationwide can collect a mixture of both.

· Currently, Council does not collect development contributions and has very limited ability to collect financial contributions through the operative District Plan.

· The Proposed District Plan does not include a chapter on financial contributions. There is a potential opportunity for Council to include this chapter through a plan variation to the Proposed District Plan, but timeframes are very tight to do so.

· Financial contributions generally address the direct impacts of a particular development. The purpose is to help pay for measures that will avoid, remedy, or mitigate adverse effects on the environment, or offset/compensate adverse effects in some other way.

· The definition of ‘environment’ is broad and includes people and communities.

· Financial contributions can be used to address the increased demand development can place on infrastructure.

· Financial contributions can be a contribution of money, land, or a mixture of both.

· Approximately 95% of councils nationwide collect either development contributions, financial contributions, or a mixture of both. Only 3 councils do not have the ability to collect anything.

· Collecting financial contributions is a method which enables Council to collect funding from developers. This does not replace a Development Contributions Policy.

TŪTOHUNGA / RECOMMENDATION

That Council approve the development of a draft financial contributions chapter which is to be incorporated into the District Plan through a plan change after the Proposed District Plan becomes operative.

1) TĀhuhu kŌrero / Background

Council has a significant role in developing, maintaining, and operating local infrastructure such as roads, three waters infrastructure, local parks and recreation facilities including community facilities.

Development, subdivision, and use of land creates demand for additional infrastructure such as for water supply, wastewater, and stormwater disposal, roading, open spaces and community facilities, and can create other adverse effects on the environment. For the Far North district these costs are primarily met from rates revenue, which puts the development costs onto the community. Some larger developments are subject to development agreements where conditions are negotiated, and the developer meets some of the costs or completes works to address them.

Concerns about lack of funding to pay for infrastructure requirements and demands arising from development were identified in 2021 with the governing body approving development of a Development Contributions Policy in December that year. Council does not currently charge development contributions.

What is needed to charge development contributions

To require development contributions, Council must identify the amount that Council is planning to spend on new infrastructure to address growth needs. Best practice growth planning is via spatial planning.

Reports obtained in mid-2023 identified the requirements Council needs to meet to progress a Development Contributions Policy and growth planning. These concluded that:

Depending on the sort of asset involved, the evidence to support a Development Contributions Policy generally includes (but is not limited to) growth demand evidence, capital works plan identifying growth-related projects, and information to enable the allocation of project costs to growth, renewal and level or service upgrades (or meeting standards).

A gap analysis identified that it is currently possible for Council to collate the necessary growth planning information and evidence to support a Development Contributions Policy for three waters and possibly some roading assets and projects. Of these, it is necessary to assess how much is growth-related.

In 2023, the three waters reform legislation meant Council was not able to require development contributions on three waters assets. Instead, Water Infrastructure Contributions would have been set and administered by Wai Tāmaki ki Te Hiku.

However, the three waters legislation was repealed on 17 February 2024, with new laws to be passed about the delivery of water services, including the use of a council-controlled organisation. Subject to any other legislative changes, staff can now progress work on a Development Contributions Policy for three waters assets and any other projects which are growth-related. Staff will advise Council if any later legislative changes affect Council’s ability to collect development contributions.

Work is ongoing by different departments, the outcomes of which would help support, and contribute to the development of, a Development Contributions Policy, including:

· Asset management systems being created, which would provide evidence about the assets, capacity and demand.

· Spatial planning, which provides growth demand evidence.

Financial contributions are an additional option

Another option to address funding concerns to pay for infrastructure requirements and demands arising from development is through collecting financial contributions under the Resource Management Act 1991 (RMA). Financial contributions do not need to be linked to growth but must fit the purpose of the RMA to achieve sustainable management. Exploring alternative funding options supports the response referred to in the Long-Term Plan 2021-2031 to continue to optimise the way Council funds infrastructure needs. In order to collect financial contributions, the required provisions must be included in a district plan.

The operative Far North District Plan only allows Council to collect financial contributions for esplanade reserves and limited car parking purposes. The Proposed District Plan (PDP) does not include a chapter on financial contributions. By not having a chapter on financial contributions, this will limit the ability for Council to obtain funding from developers to address adverse effects or issues which arise from additional demands on infrastructure that development creates. Councils only option will be to impose conditions of consent, which is reflective of the current status quo.

Limited window of opportunity to collect financial contributions as part of the Proposed District Plan process

Council has a limited opportunity to include a financial contributions chapter as a variation to the PDP. To fit in with the PDP process and other minor variations to be notified for the PDP, Council needs to publicly notify the financial contributions chapter by the end of July 2024. Incorporating a chapter on financial contributions through this process is a more efficient and cost-effective process than completing a plan change at a later date. However, it may not be feasible to complete the work in this timeframe.

If Council misses that timeframe any chapter on financial contributions would need to either be a separate variation or wait until the PDP becomes operative (late 2025/early 2026) and a new plan change initiated. Both options would come with additional costs and further delays. More detail on this is under Timelines below.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Staff have completed a research report describing the key issues and opportunities from collecting financial contributions. Attached is a copy of the report.

The report describes:

· issues which financial contributions may address, and

· how financial contributions can be calculated and collected.

The report makes recommendations to ensure if Council does collect financial contributions the approach taken:

· meets the purposes of the RMA,

· is transparent, consistent, and equitable, and

· considers effects on development, developers, the community and Māori as well as the effects created by development and how climate change may impact on this.

Impacts and issues

Impacts and issues for the Far North District from increased demands on infrastructure from development include:

· Creating strain on aging three waters infrastructure and assets which:

- are prone to failure and breakage,

- cannot meet existing demand,

- has no, or very limited, capacity for future demand, and/or

- does not comply with existing resource consents.

· Increased use of local roads causing:

- traffic congestion,

- more requests for repairs and road sealing, and/or

- increased costs associated with maintenance needs for roads.

· Lack of sufficient open space or recreational facilities for the community.

Collecting Financial Contributions

Financial contributions generally address the direct impacts of a particular development for the purpose to help pay for measures that will avoid, remedy, or mitigate adverse effects on the environment, or offset/compensate adverse effects in some other way. The definition of ‘environment’ is broad and includes people and communities.

Financial contributions can be a contribution of money, land, or a mixture of both.

Approximately 95% of councils nationwide collect either development contributions, financial contributions, or a mixture of both. Only 3 councils do not have the ability to collect anything.

For Council to collect financial contributions, the District Plan must include a chapter covering the rules which apply. There is an opportunity for Council to include this chapter as part of the PDP process by completing a plan variation.

Council can still enter into development agreements if there is also the ability to charge financial contributions. The rules about financial contributions can be prepared to operate in such a way to complement or provide alternatives for Council and developers to negotiate a development agreement. Financial contributions would also provide a default or back stop position if agreements with developers cannot be reached.

The amount Council could collect depends on the methods used. Different methods include:

· Fixed amounts per new lot or separately rated unit, adjusted annually. This could be based on the value of existing assets.

· Cost recovery models which depend on the cost involved in upgrading relevant infrastructure to meet the demands from the development.

· Taking an amount based on the value of the new lot or unit created (for example 4%).

Potential Impacts on Māori and whenua Māori

The inclusion of financial contributions and financial contributions policy must support the principles to Te Ture Whenua Māori Act 1993 which includes facilitating the development and utilisation of whenua Māori land for the benefit of the owners, whānau, and hapū.

As part of identifying potential impacts and issues, staff have reviewed 16 iwi and hapū management plans for iwi and hapū in the Far North and undertaken research on this issue. Impacts identified include:

· Development of whenua Māori may be constrained by both lack of proper infrastructure and cost. Charging financial contributions could increase those costs.

· Concerns that the ratepayers and future generations are bearing the financial burden for developments as developers have not paid for the full and real cost of providing infrastructure and services to new development.

· If contributions are to be paid, there should be a range of tools to exempt or waive payment, or reduce the amount, which may apply to iwi economic development.

Other councils allow for a discount or waiver to pay development or financial contributions for developments on whenua Māori, such as:

· Western Bay of Plenty District Council allows for a deduction for papakāinga with a charge based on one household equivalent for the first dwelling on the site, and then a 100% deduction for additional dwellings up to a maximum of 10 dwellings.

· Auckland Council does not charge contributions for reserves for not-for-profit developments on whenua Māori due to much of Auckland’s parkland previously being Māori land.

· Christchurch City Council has a development contributions rebate scheme where certain developments on whenua Māori do not pay contributions.

OPTIONS

Options are as follows:

Option One: Develop Financial Contributions to be in a Far North District Plan (Recommended Option)

Staff undertake the work needed to develop a chapter on financial contributions to be included in the district plan (including through any variation to the PDP).

BENEFITS

RISKS

Environmental:

Provides ability to address potential impacts on the environment and infrastructure created from development.

Economic:

Shifts financial burden of costs to Council to fund infrastructure needs arising from development or adverse environmental effects from ratepayers to the developer.

May encourage more and provide more certainty for development agreements.

May open more areas for development if there are funds to pay for necessary upgrades or renewals of infrastructure.

Social:

Better infrastructure including more open spaces improves wellbeing for communities.

Cultural:

May support or enable development on whenua Māori by funding infrastructure needs.

Environmental:

N/A

Economic:

May be a barrier to development occurring and increase costs of housing.

Where financial contributions are collected and need to be spent on new infrastructure, there may be additional ongoing maintenance costs incurred by Council for the life of that new infrastructure.

Social:

May be low public appetite/reputational risk from putting additional costs onto development with developers used to not having to pay them.

Cultural:

May put additional costs onto development occurring on whenua Māori.

Implementation of Option One can occur either as part of the PDP process, or after the PDP becomes operative

Timelines to implement Option One are:

· Option 1A, which is to develop financial contributions to fit in with the PDP process as a plan variation, or

· Option 1B, which is to develop financial contributions as a plan change to occur after the PDP is operative.

A summary of these timeline options is below.

Option Two: Status quo/Do nothing: Do not develop financial contributions to be included in the Far North District Plan

Staff do not undertake the work to develop a chapter on financial contributions to be included in the district plan (including through any variation to the PDP).

BENEFITS

RISKS

Environmental:

N/A

Economic:

Allows development to continue without additional costs from local government.

Social:

No change means less political risk from public about concerns of Council imposing more costs on development.

Cultural:

Would not impose more costs on development of whenua Māori.

Environmental:

Adverse effects on the environment from development and additional demand on infrastructure continues.

Economic:

Costs associated with adverse effects and demand from development met by ratepayers.

Social:

Infrastructure will only be upgraded or renewed in accordance with funding available from rates or central government. Loss of opportunity to enhance wellbeing to communities.

With Council being one of the few in the country that does not collect funding from developers through contributions, reputational risk that the Council is not exploring other methods of funding for needs of the community.

Cultural:

Infrastructure needs for whenua Māori would continue as is. Loss of opportunity.

OPTIONS FOR TIMELINES

If Council wishes to develop a chapter on financial contributions, the timelines to this would be:

· a best case for it to meet the PDP, or

· if the PDP timelines are not met, there is still the ability for a plan change to occur later.

Option 1A: Plan variation to include financial contributions as part of the PDP process

If Council were to include financial contributions as a chapter in the PDP through a plan variation at the same time as other minor variations are to be notified for the PDP, the estimated timeline is below:

Benefits and opportunities of developing the chapter on financial contributions to fit in with the PDP timelines are:

· Fits in with current costs and resourcing for the PDP, with costs associated with the PDP including hearings already allocated as part of operational budget.

· More efficient process by combining this with other variations required for the PDP.

· Does not delay or change PDP timelines.

· May be more time/cost effective for the public to engage with it through one process, rather than multiple.

· Would become operative sooner – estimated adoption early 2026.

The issues and risks of doing so are:

· The variation process will need to be shortened with less engagement, including less engagement with iwi, in a tight timeframe undertaken prior to public notification of a draft.

· Less or minimal upfront engagement can be a reputational risk to the Council with no ability to build up public awareness.

· Tight timeframe to turn around work required means any slippage in time may lead to not meeting the PDP timelines or a delay the PDP. With the limited time, any changes or issues which arise as part of development of the chapter will mean a significant risk the timeline will not be met.

Council does have the other option of doing a separate variation, with a notification date of up to October if the required work could not be completed in time for a July notification. This would likely delay Council decisions for up to 2 months, require an extension of time from the Ministry of Environment, additional costs and place pressure on staff and the public with PDP hearings occurring at the same time.

Option 1B: Plan change after the PDP is operative (Recommended Option)

Alternatively, Council could include a chapter on financial contributions in the District Plan after the PDP becomes operative via a plan change.

Benefits and opportunities of developing the chapter on financial contributions to be a separate plan change (to occur after the PDP becomes operative) are:

· The focus would be solely on financial contributions and not the full PDP.

· Provides an opportunity to fully engage and consult with iwi partners and community stakeholder groups and build up public awareness.

· Time can be taken with drafting and subject any draft to more scrutiny.

The issues and risks of doing so are:

· It will be more costly and less efficient as a stand-alone plan change.

· A plan change will become operative later – estimated adoption late 2027 (assuming there will be appeals)

· Loss of efficiency for the public, with the public having to engage again for a later plan change.

If Council agrees with the recommendation, elected members will be updated on the progress of the development of a chapter on financial contributions at future PDP and financial contributions workshops in March. Council approval is required to notify the variation and timeframes and process can be discussed with Council during the development of the variation.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

There are two recommendations:

· to develop financial contributions to be in a Far North District Plan; and

· for the chapter and provisions to be including the District Plan via a plan change after the PDP is operative.

Council having the ability to collect financial contributions provides an additional form of revenue for funding. It moves the financial burden for additional demand placed on infrastructure and assets and adverse effects on the environment from development from being funded by rates, to being funded by the developers.

Including the chapter and provisions on financial contributions through a plan change after the PDP becomes operative:

· removes the risks associated with the tight PDP timelines, and

· allows the time for more consultation and engagement on any draft prepared and for it to be familiarised with the public prior to notification.

Next steps

If Council agrees with the recommendation, the proposed chapter and provisions on financial contributions would be drafted along with the required evaluation under s32 of the RMA. Consultation on the draft would be completed as per Schedule 1 of the RMA. A report back to Council will be required prior to the draft provisions being finalised for public notification.

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

Developing a financial contributions chapter and associated requirements, including the evaluation required under s32 of the RMA is expected to cost approximately $60,000.00. Costs for this would be met out of existing budgets for this financial year.

If financial contributions are to be included as a variation to the PDP, the costs associated with notification and the hearings would be part of the decision Council is to make about public notification of the draft chapter and falls into the next financial year.

If the approach is to include a chapter on financial contributions through a plan change after the PDP becomes operative, there will be additional costs including costs of hearing commissioners. Based on other plan changes, these costs may exceed $100,000 depending on the level of complexity and hearings requirements. As a plan change would occur much later (approx. 2027) these costs are subject to change).

Āpitihanga / Attachments

1. Research Report Financial Contributions - January 2024 - A4539282 ⇩

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

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.

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 start developing a chapter on financial contributions will have little effect on financial thresholds, ratepayers, specific demographics, or levels of service. Therefore, at this stage in the development process the level of significance is low. As part of the next stage in notifying the proposal, it is expected the significance will be higher and additional consultation is required by Schedule 1 of the RMA.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Long-Term Plan 2021-2023: supports the strategic response to asset management to continue to optimise the way infrastructure is funded. Revenue and Financing Policy 2021: the approach to funding capital expenditure to replace, upgrade or build assets to be funded from rates and borrowing will need to be updated to reflect any changes to funding options. Climate Change Policy 2023: policy for Council to remain alert to funding opportunities to reflect the significant financial implications of climate change adaptation and mitigation.
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.	Charging financial contributions is a District wide issue and so the views of Community Boards have not been sought for the decision in this report. However, the drafting of the chapter may identify a need for local or ward variation, and engagement and/or views of Community Boards sought as part of the development.
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 landowners in the district including of whenua Māori and treaty settlement land. Any development which occurs on these may be affected if financial contributions are charged. Land owned by Māori is often complex with multi ownership structures and payment of additional costs may create a further barrier to implementing papakāinga or other development. However, having funds to put in infrastructure which would benefit whenua Māori or treaty settlement land would further enable development to occur on those lands, and shifts the financial burden away from the existing community. This should be an issue explored through further engagement. Further consultation with iwi through the Resource Management Act Schedule 1 process would occur as part of next steps.
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).	Some limited consultation and engagement has occurred to identify potential issues and opportunities. Further engagement will be required as part of drafting the chapter. Public notification is also required of the draft chapter.
State the financial implications and where budgetary provisions have been made to support this decision.	Developing a financial contributions chapter and associated requirements, including the evaluation required under s32 of the RMA is expected to cost approximately $60,000.00. Costs for this would be met out of existing budgets for this financial year. If financial contributions are to be included as a variation to the PDP, the costs associated with notification and the hearings would be part of the decision Council is to make about public notification of the draft chapter and falls into the next financial year. If the approach is to include a chapter on financial contributions through a plan change after the PDP becomes operative, there will be additional costs including costs of hearing commissioners. Based on other plan changes, these costs may exceed $100,000 depending on the level of complexity and hearings requirements. As a plan change would occur much later (approx. 2027) these costs are subject to change).
Chief Financial Officer review.	The CFO has reviewed this report.

Ordinary Council Meeting Agenda

14 March 2024

6.2 Alcohol Control Bylaw Continuation

File Number: A4571868

Author: Donald Sheppard, Policy Advisor

Authoriser: Jonathan Slavich, Chief Financial Officer

Take Pūrongo / Purpose of the Report

The purpose of this report is to recommend to Council to agree the Alcohol Control Bylaw should continue without amendment.

WhakarĀpopoto matua / Executive Summary

· The Alcohol Control Bylaw (the Bylaw) was due for review by 13 December 2023

· This review took place on 16 November 2023 when Council agreed:

o the Bylaw is the most appropriate way to address identified problems of crime, disorder and incidents of harm relating to the consumption, bringing in, and/or possession of alcohol in public places in the Far North District

o the Bylaw is in the most appropriate form

o any implications on peoples’ rights associated with the Bylaw are justified in accordance with the New Zealand Bill of Rights Act 1990

o the Bylaw should continue without amendment subject to public consultation following the principles in section 82 of the Local Government Act 2002.

· Based on the consultation feedback, Council staff recommend no changes to the Bylaw meaning it can continue without amendment.

tŪtohunga / Recommendation

That Council

a) agree to continue the Alcohol Control Bylaw without amendment under section 147 of the Local Government Act 2002

b) agree the Chief Executive may make minor changes to the Bylaw to correct grammatical or spelling errors, update the review dates, or make formatting changes.

1) TĀhuhu kŌrero / Background

The Bylaw is included as Attachment One.

On 16 November 2023, under section 160(3)(b)(ii) of the Local Government Act 2002, Council agreed to consult on continuing the Bylaw without amendment in a manner that gives effect to the requirements of section 82 of the Local Government Act 2002 (Resolution 2023/147 refers). Note that the schedules to the Bylaw, including the list of Alcohol Control Areas, may be amended by resolution at any time in the future.

In the period from 20 November to 18 December 2023, the public was invited to provide their written views on continuing the Bylaw or not. In addition, oral submissions were heard by the Council on 08 February 2024.

Eighty written submissions were received (69 online and 11 via email), while 2 people also made oral submissions.

Seventy submissions (88%) fully supported continuing the Bylaw without amendment, 3 submissions (4%) supported this in part, while 7 submissions (9%) did not support the Bylaw continuing without amendment at all.

Main reasons for supporting the Bylaw continuing without amendment are:

· Happy with the current Bylaw (15 mentions)

· Bylaw supports public safety (12 mentions)

· Bylaw reduces alcohol-related harm/abuse (9 mentions)

· Bylaw supports law and order/prevents crime (9 mentions)

· Bylaw is positive for community wellbeing (8 mentions)

· Bylaw gives the Police the power to act (or use discretion) (5 mentions)

A relatively small number of submitters gave reasons for not continuing the Bylaw and/or amending the Bylaw. Main reasons mentioned are:

· Being concerned about enforcement of the Bylaw (5 mentions)

· The Alcohol Control Areas need updating (3 mentions)

· Bylaw should restrict the number of outlets selling alcohol and their hours of operation (3 mentions)

· Bylaw should address underage drinking (2 mentions)

· Council does not have the authority to make the Bylaw (2 mentions)

Council staff recommend that none of these submissions require changes to the Bylaw or require the Bylaw not to continue.

Attachment Two is a report which analyses these submissions in detail and recommends the Bylaw should continue without amendment.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

On 16 November 2023 Council agreed to the option to continue the Bylaw without amendment (Resolution 2023/147 refers). Advantages of this option include:

· the Bylaw addresses serious problems relating to crime, disorder and incidents of harm associated with alcohol in public places

· it supports the community outcome of ‘Communities that are healthy, safe, connected and sustainable’

· it targets areas where high levels of alcohol-related crime and disorder have occurred

· it provides the Police with enforcement powers:

o to prevent alcohol-related problems escalating

o that are quick and instant to apply

o that are discretionary

o that are less time consuming and easier to apply than charging offenders under the Summary Offences Act 1981.

· continuing the Bylaw is strongly supported by the Police and Te Whatu Ora (Ngā Tai Ora – Public Health Northland)

· the Bylaw will not need to be reviewed again until December 2033.

For these reasons Council staff recommended the Bylaw should continue without amendment.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Feedback from public consultation strongly supports continuing the Bylaw without amendment with 70 out of 80 submitters (88%) wholly supportive.

Suggested amendments to the Bylaw by submitters such as regulating the number of licensed premises and their opening hours or updating the Alcohol Control Areas authorised by the Bylaw, while valuable suggestions, are out of scope for the consultation exercise.

Reasons given by submitters for not continuing the Bylaw, such as Council not having the authority to make the Bylaw, are not valid.

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

The current ongoing costs to administer the alcohol control areas authorised by the Bylaw come from the Environmental Health Services operational budget in the Annual Plan and include:

· Periodically printing new self-adhesive signs costing around $4,000 per print run, which will last several years

· Annual inspections of the alcohol control areas to identify and replace vandalised or weathered signage (involves staff time only).

There will be no new costs involved if the Bylaw continues without amendment.

Āpitihanga / Attachments

1. Alcohol-control-bylaw-2018 - A4572555 ⇩

2. Analysis of Alcohol Control Bylaw Submissions - A4572415 ⇩

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	While the Bylaw covers the serious problem of alcohol-related crime, disorder and incidents of harm in public places in the district, under Council’s Significance and Engagement Policy it is not an area of high significance, as it: o does not involve the transfer of ownership or control of a strategic asset or other important asset o is not inconsistent with current Council policies.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The relevant community outcome from the Long-Term Plan is ‘communities that are healthy, safe, connected and sustainable’. Requirements to review the Bylaw are covered by section 155 of the Local Government Act 2002. Section 147 of the Local Government Act 2002 authorises the Council to make a bylaw for alcohol control purposes, while sections 169 and 170 of this Act describe the powers for the Police to enforce the Bylaw.
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.	As a district-wide matter, it is outside the delegations of Community Boards to provide their views on the continuation of the Bylaw. However, when the alcohol control areas are reviewed (as a separate exercise), the views of the Community Boards will be essential.
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 Bylaw does not consider the relationship of Māori to land, water, sites, wāhi tapu, valued flora and fauna and other taonga as it does not “significantly affect land or a body of water” as covered by section 60A of the Local Government Act 2002. However, as crime, disorder, and incidents of alcohol-related harm in public places may disproportionately affect Māori, the views of Māori are essential. The views of iwi and hapū will be integral when the alcohol control areas are reviewed.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	There are two main groups of persons likely to be affected by the Bylaw and its provisions: 1) The general public – the public can be negatively affected by crime and disorder in public places e.g. feeling intimidated or threatened by intoxicated individuals, having their property damaged, and/or not enjoying being in these public places 2) Those consuming alcohol in public – the Bylaw puts in place controls on the consumption of alcohol in designated Alcohol Control Areas. If someone is peacefully enjoying a drink in these areas, the Police have the discretion to ignore these people. However, the Police have a range of powers in the Bylaw to address offenders whose behaviour is intimidating, aggressive or anti-social.
State the financial implications and where budgetary provisions have been made to support this decision.	There will be no new costs involved if the Bylaw continues without amendment.
Chief Financial Officer review.	The CFO has reviewed this report.

Ordinary Council Meeting Agenda

14 March 2024

6.3 Statement of Proposal- Transfer of the Independent Qualified Person's (IQP's) Register to Aukland Council

File Number: A4578261

Author: Trent Blakeman, Manager - Building Services

Authoriser: Kevin Johnson, Group Manager - Delivery and Operations

Take Pūrongo / Purpose of the Report

To approve and adopt for consultation the transfer of the administration of the Independent Qualified Person’s (IQP’s) Register (including the acceptance of Independent Qualified Person’s) to Auckland Council.

WhakarĀpopoto matua / Executive Summary

There are two options under consideration, either build and maintain an IQP register ourselves or transfer the powers to Auckland Council.

There are a range of factors in favour of the transfer of powers including a more technological advanced system for Independent Qualified Person’s and building owners through the Auckland Council website, additional opportunities for working outside Northland, a reduction in compliance costs and a potential reduction in risk from an improved assessment regime.

Should the transfer not occur it is likely that our current processes will require review and likely amendment which will create additional costs.

tŪtohunga / Recommendation

That Council:

a) adopt the statement of proposal which is subject to s.83 the Special Consultative Procedure Process under the Local Government Act 2002.

b) resolve to seek public submissions on the proposal between 2 April 2024, and 30 April 2024, in accordance with the Special Consultative Procedure process.

c) authorise the Chief Executive to make any necessary drafting, typographical or presentation corrections to the attached supporting documents prior to consultation.

1) TĀhuhu kŌrero / Background

At present Whangarei District Council maintain the register of Independent Qualified Person’s for all 3 of Northland’s District Councils. This arrangement has been in place for approximately 20 years and means that Independent Qualified Persons who are on the register can undertake work throughout Northland rather having to be accepted by 3 different Councils.

It is proposed to transfer those responsibilities including the setting of fees to Auckland Council.

Whangarei & Kaipara District Councils have transferred the powers.

The proposed transfer only relates to the approval of Independent Qualified Person’s, the maintenance of the register of Independent Qualified Person’s and the setting of fees for such approval and on-going registration.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Councils throughout the country are working together in relation to the registering of IQPs. For example, the South Island operates under one register administered by Timaru District Council and there is a joint group that administers the register for Hamilton City Council, Hauraki District Council, Matamata Piako District Council, Otorohanga District Council, Thames Coromandel District Council, Waikato District Council, Waipa District Council & Waitomo District Council.

There are 2 main reasons why the transfer of power is being considered, being efficiencies and technical capability. These considerations are outlined in the procedures for transfer under the Local Government Act 2002. The technical capability is important as robust assessment of Independent Qualified Person’s will result in reduced risk going forward. The consideration of these matters is outlined in the attached statement of proposal (SOP).

Risks

The administration of the BWoF (Building Warrant of Fitness) system carries risks for Councils generally. It is considered that Auckland Council has a robust established process for considering the acceptance of IQPs (Independent Qualified Person) to undertake their responsibilities under the Building Act 2004. This is considered an important component in ensuring the on-going safety of the public.

Options

1.) That FNDC transfer the Duty of assessing and keeping an IQP register to Aukland Council, -this option provides the highest level of assessment of an Independent Qualified Person’s with no cost to FNDC.

2.) That FNDC take back the duty of assessing and keeping an Independent Qualified Person’s register, therefore build, and maintain their own IQP register. -this is considered the least resilient option due to cost, competence, and retention of qualified staff.

3.) That the four councils enter in a join committee to maintain and assess Independent Qualified Person’s. - this option was not furthered due to complexity.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

It provides for the least cost to FNDC and the best overall outcome for Independent Qualified Person’s and building owners in northland in terms of cost and the standard of competence of Independent Qualified Person’s.

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

Financial considerations are outlined in the SOP. There will only be financial and budgetary implications if FNDC do not transfer the powers to Auckland, that being the cost of building and managing an Independent Qualified Person’s register.

Āpitihanga / Attachments

1. Statement of Proposal: Transfer of Powers under the Building Act 2004 - A4605534 ⇩

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:

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: The decisions or matters of this Agenda require the use of the special consultative procedure as set out in section 83 of the Local Government Act 2002. This is a requirement for any transfers of power under the Building Act 2004. It is proposed to consult directly with existing IQPs and the public generally.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	As FNDC has not managed an Independent Qualified Person’s register in some 20 years, there is no relevant council policies that relate to the LTP that I am aware of.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	This is a district wide as it relates to all buildings that have specified systems and those that are open to the public.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	There are no Treaty of Waitangi implications relating to the transfer of the Independent Qualified Person’s register to Auckland District Council. All IQP’s and building owners that have Building Warrant of Fitness’s will be impacted.
Identify persons likely to be affected by or have an interest in the matter, and how you have considered their views or preferences (for example – youth, the aged and those with disabilities).	IQP’s and building owners that have Building Warrant of Fitness’s.
State the financial implications and where budgetary provisions have been made to support this decision.	Please refer to attached Statement of Proposal
Chief Financial Officer review.	The CFO has reviewed this report.

Ordinary Council Meeting Agenda

14 March 2024

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

File Number: A4581251

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

WhakarĀpopoto matua / Executive Summary

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

· October 2022 DBSSG formally requested a new lease.

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

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

· A report was presented to the Te Hiku community Board on 1^st August 2023 who recommended that public consultation be initiated. Resolution 2023/60.

Public consultation ran from 2 November to 30 November 2023. A total of 15 submissions were received, all in support of the proposed lease. No submissions wished to be heard.This report was presented to the Te Hiku Community Board on 13 February 2024 who recommended the approval of the ground lease.

tŪtohunga / Recommendation

That Council:

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

The terms of the proposed lease shall be:

· Term: 15 Years (5+5+5)

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

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

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

1) TĀhuhu kŌrero / Background

At the 13 February 2024 Te Hiku Community Board meeting, the following resolution was passed:

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

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

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

DGSSG is a well-established group with 87 years of service to the local community, providing young people with the ability to foster development in physical, emotional, spiritual and mental aspects through the provision of safe and nurturing environments. Their purpose is to empower young people from ages 5 to 26 to lead lives that make a positive difference, both to themselves and their community.

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

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2) matapaki me NgĀ KŌwhiringa / Discussion and Options

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

Public Notification

Public Notice was advertised in the Northern Advocate and ran from 2 November - 30 November 2023 as required under the Reserve Act.

A total of 15 submissions were received, all in support of the proposed lease. No submissions wished to be heard.

A copy of the submissions is attached.

The options available for this site are:

Option 1: Recommended

That Council:

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

The terms of the proposed lease shall be:

Term: 15 Years (5+5+5)

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

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

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

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

Option 2:

a. Decline DBSSG’s request for a new lease

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

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

DBSSG provide a beneficial service to the community and requiring them to vacate the land will be detrimental to the whānau and tamariki of the area.

As per the FNDC Parks and Reserves Policy 2022, Council can grant exclusive leases to part or all of a reserve for a maximum term of 15 years with a further right of renewal for 15 years if it deems such terms to be appropriate. In this case, we deem the term of 15 years (5+5+5) acceptable for this site.

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

The lease will:

a) provide for the lessee to continue to be responsible for all ongoing maintenance of the associated green space.

b) provide for the lessee to be responsible for the payment of all utility charges, rates and insurances.

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

Āpitihanga / Attachments

1. Public submission results Doubtless Bay Sea Scouts 2023 - A4536261 ⇩

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 Reserves Policy: The Policy supports a long-term lease being offered to community orientated groups wanting a permanent base. The Reserves Act 1977: Section 119 and 120 require that public consultation be initiated prior to the granting of a lease
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Council in respect of applications for the use and/or lease of reserves not contemplated by an existing reserve management plan.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	Public consultation ran from 2 November to 30 November 2023. 15 submissions were received, all in support of the granting of the lease. Of the 15 submissions, none wished to be heard by the Te Tiku Community Board. 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 Rūnanga-a-iwi o Ngāti Kahu Co-Chief Executive Officers were informed of the requested lease and notified of the commencement of 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 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

14 March 2024

6.5 Appointment for Rangitane Maritime Development Expert Consenting Panel

File Number: A4606631

Author: Ellie Greenwood, Democracy Advisor

Authoriser: Casey Gannon, Manager - Democracy Services

Take Pūrongo / Purpose of the Report

To formalise an appointment on behalf of the Far North District Council for the Rangitane Maritime Development Expert Consenting Panel under the COVID-19 Recovery (Fast-track Consenting) Act 2020.

WhakarĀpopoto matua / Executive Summary

· The Far North District Council received an invitation to nominate a member/s to the Rangitane Maritime Development Expert Consenting Panel from the Environmental Protection Agency.

· It is preferable that any nominees are a section 39A Resource Management Act Making Good Decisions Commissioner.

· Far North District Council has five Councillors who have attended the Making Good Decisions course.

· If Council nominates more than one person, the panel convener may decide which one of those nominees is to be appointed as a member.

· The person nominated by a local authority may, but need not, be an elected member of the local authority (clause 3(3) of Schedule 5 of the Act).

· If the Council chooses not to nominate a person, the decision falls to the panel convener who must appoint a person with the appropriate skills and experience.

tŪtohunga / Recommendation

That Council nominate XXXXXX to be considered as a panel member on the Rangitane Maritime Development Expert Consenting Panel.

1) TĀhuhu kŌrero / Background

Central Government introduced legislation to urgently promote employment to support New Zealand’s recovery from the economic and social impacts of COVID-19, and to support the certainty of ongoing investment across New Zealand, while continuing to promote the sustainable management of natural and physical resources. A panel is being convened to consider a resource consent for a project including reclamation of the coastal marine area (CMA) to form land that will accommodate an upgraded boat ramp, floating pontoon, carparking, landscaping and public recreational amenities at Rangitane, Kerikeri.

The Far North District Council has been invited to provide a short bio for any persons wishing to be nominated, the panel convener will then consider the nominees and select the most appropriately skilled and experienced person for the role.

The invitation asked that the bio for each nominee include commentary on whether the nominee was a Resource Management Act Making Good Decisions Commissioner and to note their experience on hearings panels.

Any potential conflicts of interest and time commitments relating to the project the nominee may have should also be identified. It is anticipated that the time commitment for this project will be approximately 55 working days, unless the panel seeks an extension to their timeframes, in which there could be an additional 25 working days commitment.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Far North District Council has five Councillors who have attended the Making Good Decisions course. Councillors who have completed and passed the Making Good Decisions course are Kōwhai Kelly Stratford, Cr Ann Court and Cr Felicity Foy.

Cr Hilda Halkyard-Harawira has completed the course and is expecting results. Cr Steve McNally has completed the course and has not yet completed the assessment.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

The panel convener will ultimately decide who sits on the Panel, but this recommendation narrows down the selection process for the panel convener to determine who can best contribute given the skills and experience wanted.

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

There are no financial implications or need for budgetary provisions.

Āpitihanga / Attachments

1. Letter Seeking Panel Nominations from FNDC - A4606626 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This is 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 process is governed by the COVID-19 Recovery (Fast-track Consenting) Act 2020 and the Resource Management Act 1991.
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 process is not of district relevance but requires skills and knowledge beyond those held by Community Board members.
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 any Treaty of Waitangi Implications.	There are no implications for Māori in nominating a person for the panel. The panel will however need to consider implications for Māori as part of their 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).	Those nominated have agreed on this approach.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications or need for budgetary provision.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

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.