UNCONFIRMED

Extraordinary Council Meeting Minutes

6 September 2024

 

   MINUTES OF Far North District Council
Extraordinary Council Meeting
HELD AT THE Ngawha Innovation Park, 5449, SH 12, Kaikohe
ON Friday, 6 September 2024 AT 10:03am

 

PRESENT:              Kahika - Mayor Moko Tepania, Kōwhai - Deputy Mayor Kelly Stratford, Cr Felicity Foy, Cr Hilda Halkyard-Harawira, Cr Babe Kapa, Cr Penetaui Kleskovic, Cr Steve McNally, Cr Mate Radich, Cr Tāmati Rākena, Cr John Vujcich

IN ATTENDANCE: Belinda Ward (Chairperson Bay of Island Whangaroa Community Board), Chicky Rudkin (Chairperson Kaikohe-Hokianga Community Board), Rachel Baucke (Te Hiku Community Board Member)(online), Kawiti Waetford (Kaiwhakawhiti Reo – Language Interpreter), Dale Ofsofske (Principal Electoral Officer – Electoral Services)(online)

STAFF PRESENT: Guy Holroyd (Chief Executive Officer), Rebecca Rowsell (Senior Solicitor), Piripi Rākena (Kaiarahi Kaupapa Māori), Lawrence Wharerau (Kaiarahi Kaupapa Māori), Llani Lloyd (Manager – Te Hono), Jude Campbell (Policy Advisor – Te Hono), Marlema Baker (Te Kuaka Te Ao Māori Coordinator), Donna Hippolite (Pouawhina Manukura), Jamie-Lee Pulham (Executive Assistant to Group Manager - Strategic Relationship), Charlie Billington (Group Manager – Corporate Services), Tanya Proctor (Head of Infrastructure), Jacine Warmington (Group Manager – Strategic Relationship), Ruben Garcia (Group Manager – Communications and Engagement), Aisha Huriwai (Manager- Democracy Services), Imrie Dunn (Democracy Advisor)

 

1            Karakia Timatanga / Opening Prayer

At 10:03am Kahika-Mayor Moko Tepania commenced the meeting.

2            NGā WHAKAPāHA ME NGā PāNGA MEMA / Apologies and Declarations of Interest

Apology

Resolution  2024/116

Moved:       Kahika - Mayor Moko Tepania

Seconded:  Cr Penetaui Kleskovic

That the apology received from Cr Ann Court be accepted and a leave of absence granted. And that an apology from Community Board Chair Adele Gardner be noted.

Carried

 

3            ngā tono kōrero / Deputation

·           Pita Tipene representing Te Rūnanga o Ngāti Hine in regard to agenda item 5.1 Māori Wards

·           Huhana Lyndon (virtual) in regard to agenda item 5.1 Māori Wards

·           Tipene Kapa-Kingi representing Te Rūnanga Nui o Te Aupōuri in regard to agenda item 5.1 Māori Wards

·           Raniera Kaio (virtual) representing Te Rūnanga o Whaingaroa in regard to agenda item 5.1 Māori Wards

·           Waikoru Wikaira no Te Kura Kaupapa Māori o Hokianga in regard to agenda item 5.1 Māori Wards

·           Kipa Munro representing Te Rūnanga o Ngāti Rēhia Charitable Trust in regard to agenda item 5.1 Māori Wards

·           Michael Feyen in regard to agenda item 5.1 Māori Wards

·           Tamarah Waiomio-Ashby no Te Kura Kaupapa o Te Rangi Aniwaniwa in regard to agenda item 5.1 Māori Wards

·           Kingi Rakete-Tane no Te Kura Kaupapa Māori o Kaikohe in regard to agenda item 5.1 Māori Wards

Attachments tabled at meeting

1     Te Kahu o Taonui letter document number A4874825 refers

2     Ngāti Rēhia letter document number A4874824 refers

3     Te Rau Arena - Te Whiu Hapū letter document number A4874826 refers

At 11:07 am, Kōwhai Kelly Stratford left the meeting and returned at 11:10 am.

4            NGĀ KŌRERO A TE kahika / MAYORAL ANNOUNCEMENTS   

-       Māramataka today is Ouenuku.

-       Incredibly humbled to go down with the Northern delegation to pay respects to Kingi Tuheitia for his tangihanga.

-       Acknowledge the extension of a new monarch Te Arikinui Kuini Nga Wai Hono i te Pō.

-       Huge amount of respect given to the Kingitanga movement.

At 12:20 pm, Cr Babe Kapa left the meeting and returned at 12:25 pm.

At 12:46 pm, Cr Mate Radich left the meeting and returned at 12:59 pm.

5            Ngā Pūrongo / Reports

Suspension of Standing Orders

Resolution  2024/117

Moved:       Kahika - Mayor Moko Tepania

Seconded:  Cr Penetaui Kleskovic

That Council Standing Order 4.2 be suspended.

Carried

 

 

5.1         Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act

Agenda item 5.1 document number A4814326, pages 6 - 10 refers.

Resolution   2024/118

Moved:       Cr Tāmati Rākena

Seconded:  Cr Penetaui Kleskovic

That Council:

a)   reaffirm its decision previously made on 9 May 2024, alongside Mana Whenua and the community, to retain the Nga Tai o Tokerau Māori Ward; and

b)   conduct a discriminatory binding poll that is being forced on us against our will with the 2025 local elections on whether Māori Wards will be in place for the 2028 and 2031 local body elections, and

c)    direct the CEO to explore the legal implications of the Council not holding a discriminatory binding poll alongside the 2025 local body elections and report back to our Te Tiriti centric Te Kuaka - Te Ao Māori Standing Committee by December 2024.

  In Favour:     Kahika - Mayor Moko Tepania, Kōwhai - Deputy Mayor Kelly Stratford, and Crs Felicity Foy, Hilda Halkyard-Harawira, Babe Kapa, Penetaui Kleskovic, Steve McNally, Mate Radich, Tāmati Rākena and John Vujcich

carried

At 1:12 pm, meeting was adjourned.

At 1:12 pm, Cr Mate Radich left the meeting.

At 1:42 pm, meeting was resumed.

 

6            te wāhanga tūmataiti / Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2024/119

Moved:       Kahika - Mayor Moko Tepania

Seconded:  Kōwhai - Deputy Mayor Kelly Stratford

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

6.1 - Amendments to Delegations under the Resource Management Act 1991

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

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

6.2 - Far North Holdings Limited financier change to LGFA

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

 

And that the following are permitted to remain in the Public Excluded part of the meeting:

·         Community Board Chairs Belinda Ward, and Chicky Rudkin and Community Board Member Rachel Baucke

·         Kawiti Waetford Kaiwhakawhiti Reo – Language Interpreter

Carried

 

CONFIRMATION OF INFORMATION AND DECISIONS TO BE RELEASED IN PUBLIC

At the conclusion of the public exclusion Council confirmed the following decisions be restated in public meeting:

Amendments to Delegations under the Resource Management Act 1991

That Council:

a)      adopt the updated Register of Delegations: Part 1 Delegations from council to staff - Resource Management Act 1991 (Attachment 1);

b)      adopt the updated Register of Delegations: Delegations from Council to Approved Hearings Commissioners- Resource Management Act 1991 (Attachment 2).

Far North Holdings Limited Financier Change to LGFA

That Council as the sole shareholder of Far North Holdings Limited (FNHL / Company) and as sole entitled person of FNHL pursuant to sections 107 and 129 (as to major transactions) of the Companies Act 1993 and clause 7.1 of the FNHL Constitution;

a)   approve FNHL entering into a loan facility directly with the Local Government Funding Agency (LGFA) and confirm, approve and ratify the board resolutions of FNHL (in the form of Attachment 7) and the Documents and Transactions as defined therein in connection with such loan facility;

b)   authorise FNHL to make an offer of shares as per the Notice of Offer of Shares document (Attachment 1) and approves the issue of such shares;

c)   accept FNHL’s Offer of Shares as per the Notice of Offer of Shares document (Attachment 1);

d)   authorise the Chief Executive to execute the following documentation on behalf of the Council:

i.    Notice of Offer of Shares (Attachment 1);

ii.    Far North Holdings Limited entitled person agreement (Attachment 2);

iii.   Officer’s Certificate for Multi-Issuer Deed (Attachment 3); and

iv.  Section 118 Certificate - Chief Executive Certificate – Far North District Council (Attachment 4);

e)   authorise two Elected Members to execute the following documentation on behalf of Council:

i.    Acknowledgement section of Accession Deed to MID – Far North Holdings Limited; (Attachment 5); and

ii.    Acknowledgement section of Accession Deed to NSA – Far North Holdings Limited (Attachment 6).

f)    authorise the Chief Executive, on behalf of Council, to review the documentation (Attachments 1-7) prior to execution and make any such minor amendments as may be required.

7            Karakia Whakamutunga / Closing Prayer

At 1:52 pm, Kahika - Moko Tepania closed the meeting with a karakia.

8            Meeting Close

The meeting closed at 1:52 pm.

The minutes of this meeting will be confirmed at the Ordinary Council Meeting held on 17 October 2024.

 

...................................................

CHAIRPERSON