Agenda of Ordinary Council Meeting - Thursday, 12 December 2024

Ordinary Council Meeting Agenda

12 December 2024

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

6.1 Confirmation of Previous Minutes

File Number: A5002689

Author: Maria Bullen, Democracy Advisor

Authoriser: Aisha Huriwai, 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 confirm the minutes of the Council meeting held 14 November 2024 are 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.

Āpitihanga / Attachments

1. 2024-11-14 Council Minutes - A4968348 ⇩

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	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. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	There are no implications for Māori in confirming minutes from 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

12 December 2024

7 Ngā Pūrongo / Reports

7.1 Setting of 2025 Meeting Schedule

File Number: A4993990

Author: Marysa Maheno, Democracy Advisor

Authoriser: Jacine Warmington, Group Manager - Strategic Relationships

Take Pūrongo / Purpose of the Report

To seek approval for the 2025 formal meeting schedule.

WhakarĀpopoto matua / Executive Summary

· The proposed calendar schedule incorporates formal Council and Committee meetings up until the Local Government Election on 11 October 2025.

· Reserve dates have been set aside for other Council business as required (workshops, briefings, training sessions and extraordinary meetings).

· Council and Committee formal meetings have been aligned with the Maramataka to support good decision-making.

tŪtohunga / Recommendation

That Council:

a) adopt the proposed 2025 calendar;

b) note the 2025 reserve dates:

· January 28

· February 26

· March 5, 11, 25, 27

· April 1, 2, 4, 30

· May 1, 2, 22, 27, 28

· June 11, 18, 25

· July 9, 23, 24

· August 13, 19, 20, 26

· September 3, 10, 11, 17, 23

1) TĀhuhu kŌrero / Background

It is good practice across New Zealand for a Council to set its Formal Meeting Calendar in advance. In scheduling meetings and the frequency, Councillors should be mindful of the following principles:

· Meetings should be necessary for the good governance of its region or district.

· Meetings should promote the open and public transaction of business at meetings.

· Councillors are considered to be in a part-time role of which attendance at formal meetings is only a small portion of the role. Consideration needs to be given to balancing workloads and non-Council commitments.

The proposed schedule includes ‘reserve’ dates for additional Council commitments such as verbal submissions, workshops, training, extraordinary meetings or briefings to enable elected members to plan their varying commitments and in recognition that workshops are a beneficial tool to engage on technical or complex issues where staff require some indication or direction.

Council resolved in December 2019 not to conduct meetings on 28 October each year in recognition of He Whakaputanga o te Rangatiratanga o Nu Tireni – Declaration of Independence of the United Tribes of New Zealand.

Council also had a wānanga (workshop) on 23 November 2022 with esteemed Maramataka expert Matua Rereata Makiha who explained the benefits of following the moon cycles. Meeting dates have been proposed to take place in alignment with the Maramataka for better decision-making.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The proposed calendar takes into consideration:

· LGNZ Regional and National Events

· NRC Joint Meeting commitments

· Proposed District Plan commitments

· Annual Plan work programme

· Te Pātukurea work programme

The attached schedule continues the meeting structure and frequency from the latter part of the 2024 formal meeting schedule.

Te Miromiro – Assurance, Risk and Finance Committee terms of reference have been amended to reflect a six-weekly meeting schedule.

Te Kuaka – Te Ao Māori Committee meetings have been held every eight weeks. Staff confirmed the preference of Te Kahu o Taonui is to continue meeting every eight weeks.

Council (4-weekly)	Te Huia - Executive Review Committee (4-weekly)	Te Kuaka – Te Ao Māori Committee (8-weekly)	Te Miromiro – Assurance, Risk and Finance Committee (6-weekly)	Te Koukou-Transport Committee (4-weekly)
13 February	11 February	27 February	19 February	25 February
13 March	6 March	24 April	8 April	19 March
10 April	3 April	19 June	14 May	23 April
8 May	6 May	14 August	1 July	20 May
5 June	21 May		6 August	17 June
3 July	26 June		16 September	22 July
31 July	29 July			12 August
28 August	21 August			9 September
25 September	18 September

Staff have attempted to follow the agreed meeting frequency however the attached calendar for adoption includes the following exceptions:

Meeting	Rationale
11 Feb – Te Huia-Executive Review Committee	Delayed one week to avoid a clash with Waitangi week.
19 February – Te Miromiro-Assurance, Risk and Finance	Delayed one day to avoid clash with a Community Board meeting.
19 March – Te Koukou-Transport and Infrastructure Committee	Brought forward four working days to avoid a clash with Proposed District Plan Hearings.
8 April – Te Miromiro-Assurance, Risk and Finance	Delayed one week to avoid a clash with the Regional Transport Committee.
23 April – Te Koukou-Transport and Infrastructure Committee	Brought forward one week to avoid a clash with Proposed District Plan Hearings.
29 April – Te Koukou-Transport and Infrastructure Committee	Delayed one week to avoid being held within a 3-day week due to public holidays.
6 May – Te Huia-Executive Review Committee	Delayed one week to avoid a clash with Proposed District Plan Hearings.
21 May – Te Huia-Executive Review Committee	Brought forward one week to avoid a clash with Proposed District Plan Hearings.
1 July – Te Miromiro-Assurance, Risk and Finance Committee	Delayed one week to avoid a clash with Proposed District Plan Hearings.
22 July – Te Koukou-Transport and Infrastructure Committee	Delayed one week to avoid a clash with the LGNZ Conference.
29 July – Te Huia-Executive Review Committee	Delayed one week to avoid a clash with Transport and Infrastructure Committee meetings.
6 August – Te Miromiro-Assurance, Risk and Finance Committee	Delayed one day to avoid clash with Community Board meeting.

This report recommends that all meetings in the schedule be held at Far North District Council headquarters in Kaikohe. While it is possible, hosting meetings elsewhere comes with an increase in cost and cannot be supported to the same level that is possible at headquarters (i.e. live streaming). If there is a desire to hold meetings elsewhere consideration needs to be given to what value this would add to the decision-making process. Constituents are encouraged to attend Community Board meetings in their area as a local option for engagement.

Additional time may be required outside of this schedule for extraordinary and/or urgent matters. Staff are committed to providing as much notice as possible and that business, where possible, is restricted to the days adopted as part of this schedule. The total number of reserve dates proposed is 29, this is less than in previous years taking into account the election period and new term.

Staff will engage with Te Kahu o Taonui to consider holding Te Kuaka Te Ao Māori Committee meetings at alternative sites as an opportunity to increase engagement and participation with Iwi Māori.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Adopting a formal meeting calendar ahead of time is essential for effective planning and collaboration. It ensures that elected members and staff can prioritise their time, prepare adequately, and avoid scheduling conflicts reducing last-minute disruptions, and fosters accountability by setting clear expectations. It also enables the council to give advance notice to the public and increase engagement opportunities.

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

The cost of supporting meetings varies depending on the number of attendees, the location and the duration of the meeting. The costs are covered within operational budgets.

Attachments

1. 2025 Formal Meeting Calendar - A5010643 ⇩

Hōtaka Take Ōkawa / Compliance schedule:

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

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

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

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

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

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This matter is of low significance.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The relevant legislation is the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Community Boards are responsible for setting their own meeting schedule. The dates shown on the attached schedule are the dates adopted by each of the Community Boards at their November meetings.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	The recommendation takes into account impacts for Te Kuaka – Te Ao Māori Committee and the ability for wider participation in all formal meetings.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities.	This report does not have any implications for persons identified in legislation.
State the financial implications and where budgetary provisions have been made to support this decision.	Financial implications are covered within operational budgets.
Chief Financial Officer review.	The CFO has not reviewed this report.

Ordinary Council Meeting Agenda

12 December 2024

7.2 Waitangi 2025 Temporary Road Closures

File Number: A4982563

Author: Cath Beaumont, Road Corridor Manager

Authoriser: Tanya Proctor, Head of Infrastructure Strategy

Take Pūrongo / Purpose of the Report

The purpose of this report is to obtain Council approval for temporary road closures for Waitangi 2025.

WhakarĀpopoto matua / Executive Summary

· 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 Waitangi Day commemoration event cannot take place.

· Traffic Management planning through a collaboration of Ti Tii Marae and Waitangi (Upper) Marae, Waitangi Trust, Police, Council, NZTA and Focus Paihia.

tŪtohunga / Recommendation

That Council approve the proposed temporary road closures to accommodate the safe operation of the Waitangi Day commemoration week event.

1) TĀhuhu kŌrero / Background

Waitangi Week – Te Tii Marae: Monday 3^rd February 2025 to Thursday 6^th February 2025.

Waitangi week commemorations will be showcased with a large marquee for people to sit and enjoy food from the food stalls and the entertainment showcased on site, for the start of the Waitangi week.

Road Closures and times: 2am – 7pm

4 days from 3^rd – 6^th February 2025

Te Kemara Avenue

Te Karuwhā Parade

Tau Henare Drive

Tahuna Road

Travellers will be directed to parking areas around the Haruru area: Bledisloe Domain, ITM Puketona and old airstrip Puketona Road. Shuttle buses will transfer members of the public to and from Waitangi grounds. This is to start the expectation of park and ride for the next four days. Communications via radio, TV and social media will be sent out prior to this week informing everyone on the expectation before arriving at Waitangi. Electronic Noticeboards will be set up directing traffic via State Highway 1 and 10 and Puketona Road.

Access to Te Kemara Avenue monitored and managed by Ngāti Rahiri and Ngāti Kawa for residents and Marae Whanāu. Limited access to Te Karuwhā Parade for VIPs, shuttle services for both parking and cruise ships, emergency services, businesses and stall holders. One way system set up from Te Karuwhā Parade over the bridge and continuing through to Tau Henare Drive through to Haruru Falls Road. This one way can be reversed at the discretion of the STMS in charge.

Waitangi Day: Thursday 6^th February 2025

Road closures to ensure safe operations for the day and provide security for VIP operations. Reduce friction between vehicles and pedestrians, directing travellers to parking areas and shuttle buses – locations at Bledisloe Domain, large area next to ITM Puketona Road, old airstrip Puketona Road are set aside for parking and shuttles will transfer members of the public to and from Waitangi Marae and the grounds for the day.

Road Closures and time:

Thursday 6^th February 2025 (Waitangi Day) 2am – 5pm

Te Kemara Avenue

Te Karuwhā Parade

Tau Henare Drive

Tahuna Road

2) matapaki me NgĀ KŌwhiriAnga / Discussion and Options

The public notice for the proposed temporary road closures will be advertised in the Northern News, FNDC Website for at least 42 days before this event and 7 days leading up to this event.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

To enable the Waitangi Week Commemorations to take place.

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

There are no budgetary implications.

Āpitihanga / Attachments

1. Waitangi 2025 Timeline - A5003595 ⇩

2. WAITANGI TMP RUN SHEET - A5003596 ⇩

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.	There has been several meetings held at Waitangi Treaty Grounds. Present at these hui were: Te Tii Marae, Kawati Marae, Ngati Kawa Taituha, Waitangi Trust, Far North District Council, Police, Focus Paihia and NZTA.
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).	Elderly and anyone with disabilities will be allowed access through the road cordons for easier access to Waitangi. Parking near the stallholders will be accessible.
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

12 December 2024

7.3 Temporary Road Closure - Kerikeri Cruz'n the Bayz

File Number: A4851211

Author: Cath Beaumont, Road Corridor Manager

Authoriser: Tanya Proctor, Head of Infrastructure Strategy

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 task of approving Road Closures, specifically for the safe operations for events, cannot be delegated by council.

· Advertising of each event will take place approximately at least a minimum of 42 days before proposed event and one week before the event in accordance with the transport (Vehicular Traffic Road Closure) Regulations 1965.

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

TŪTOHUNGA / RECOMMENDATION

That council approve the proposed temporary road closure to accommodate the safe operations of the kerikeri cruz’n the bayz event.

1) TĀhuhu kŌrero / Background

Saturday 1^st March 2025 – Kerikeri Cruz’n the Bayz

A Classic Hot Rod, Muscle Car, and Motorcycle event that will take place in Waitangi, and Kerikeri.

The event will include driving from town to town, stopping to enjoy local food and music.

The following Road Closure and times are the same as the event held in March 2024:

- Kerikeri Road from Homestead Road intersection ending at the intersection of Kerikeri Road and Fairway Drive. 7:00am to 3:00pm

- Cobham Road from Kerikeri Road intersection to intersection of Hobson Ave. 7:00am to 3:00pm

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The public notice for this proposed temporary road closures have been advertised in the Northern News, Chronicle, Northland Age and FNDC website for the first 42 days and a second public notice will go out seven days leading up to this event.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

To enable the Kerikeri Cruz’n the Bayz to take place.

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

There are no budgetary implications.

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 significance, the event organiser will be engaging with property owners and business and community groups that will be affected by their event with the road closures.
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.	There will be local relevance only to the area where the event will be held.
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.	Talked to Te Hono for contacts. Emailed Ngāti Rehia, Ngāti Kawa, Te Tii Waitangi and the Waitangi Trust informing them of the three-day event. So far only comments from Waitangi Trust that they appreciated the 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).	N/A Outlined in organisers event application.
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

12 December 2024

7.4 Control of Earthworks Bylaw Consultation

File Number: A4897747

Author: Dan Bowmar, Policy Advisor

Authoriser: Angie Thomas, Acting Chief Financial Officer

Take Pūrongo / Purpose of the Report

To obtain approval for the proposal to consult on continuing the Earthworks Bylaw without amendment.

WhakarĀpopoto matua / Executive Summary

· On 03 October 2019, Council approved the Control of Earthworks Bylaw under the Local Government Act 2002.

· On 12 September 2024, Council approved the continuation of the Control of Earthworks Bylaw without amendment.

· The Local Government Act 2002 requires that Council consult when continuing a bylaw without amendment.

· A Proposal for consultation on the Control of Earthworks Bylaw is in Attachment 1.

· The recommended consultation period for written submissions is for four weeks. The dates for oral submissions will be set following this four-week period.

tŪtohunga / Recommendation

That Council:

a) approve, under section 160(3)(b)(ii) of the Local Government Act 2002, to consult on continuing the Control of Earthworks Bylaw without amendment in a manner that gives effect to the requirements of section 82 of the local government act 2002.

b) approve, the Proposal for Consultation on the Control of Earthworks Bylaw, in attachment one, to be made publicly available for the purpose of the consultation.

c) approve, the period for making written submissions on the proposal will be a minimum of 4 weeks.

d) delegate authority to the Mayor to decide on the date of oral presentation/s of submissions.

e) direct council staff to make all necessary logistical arrangements for people’s verbal submissions to be heard in person in the council chambers or online via Microsoft Teams on the date decided by the mayor.

f) authorise the Chief Executive to make minor changes to the Proposal for Consultation on the Control of Earthworks Bylaw to correct grammatical or spelling errors, or formatting.

1) TĀhuhu kŌrero / Background

On 03 October 2019 (refers 2019/39), the governing body of the Council approved the Control of Earthworks Bylaw under the Local Government Act 2002.

On 12 September 2024 (refers 202125), the governing body of the Council:

a) approved, under section 158 of the Local Government Act 2002, the Control of Earthworks Bylaw has been reviewed.

b) approved, under section 155(1) of the Local Government Act 2002, that a bylaw is the most appropriate way of addressing problems related to the control of earthworks.

c) approved, under section 155(2) of the Local Government Act 2002, the Control of Earthworks Bylaw:

i. is the most appropriate form of bylaw

ii. does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

d) Approved to continue the Control of Earthworks Bylaw without amendment under section 145 of the Local Government Act 2002.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Legal requirements for consultation

Section 160 of the Local Government Act 2002 requires consultation following a bylaw review. Continuing the Control of Earthworks Bylaw without amendment is not considered a significant decision under the Council’s Significance and Engagement Policy. Therefore, section 160 of the Local Government Act 2002 requires the Council to consult in a manner that meets the requirements of section 82. This includes:

· giving submitters information in a manner and format that is appropriate

· encouraging people to give their views and have a reasonable opportunity to present those views in either a written or verbal manner

· being clear about the purpose of the consultation and the scope of the decisions to be taken.

Section 160(4) of the Local Government Act 2002 requires, for consultation purposes, the Council to make publicly available:

· a copy of the bylaw to be continued

· the reasons for the proposal

· a report of any relevant determinations by the local authority under Local Government Act 2002, section 155.

Attachment 1 is the proposal document that meets the requirements of section 160 and a copy of the bylaw to be continued.

Consultation process

Section 82 of the Local Government Act 2002 does not stipulate a minimum length of time for consultation, however a consultation period of at least four weeks is considered best practice. Due to other engagement priorities, and reduced capacity in the Communications and Engagement team, the first available space in the engagement calendar is early February. Therefore, consultation will open on 10 February 2025 and close 13 March 2025, which is a period of four weeks.

Council staff recommend people be encouraged to present their views primarily by making comments or submissions via the Council’s website. A submission form will be provided for download on the website for people to print and use to make written submissions either by post or delivery to Council offices. A small number of printed copies of the proposal document and submission form will be made available at Council offices for people to use if they are not able to print the documents themselves. A link to the webpage for making submissions will be emailed to the Council’s “subscribers” database and publicised on the Council’s social media pages.

Council staff will be available to discuss the Proposal with interested and affected parties during the consultation period. The Proposal may be of interest to the public and Council staff expect there may be requests to present submissions orally to elected members. Staff therefore recommend the Council delegate, to the Mayor, the power to arrange and change the date of the oral presentations of submissions.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

The Council is required to consult after deciding a bylaw should continue without amendment. The proposal document in Attachment 1 meets the provisions of section 82A of the Local Government Act 2002 that prescribe the information the Council is required to make publicly available for consultation. The consultation process will meet the requirements of section 82 of the Local Government Act 2002 by:

· providing an opportunity for people to give their views on the proposal, the period to open on 10 February 2025 and end on 13 March 2025

· the Council conducting hearings of oral presentations of submissions.

Next Steps
If Council approves the recommendation, staff aim to present an analysis of submissions and a proposed final version of the Bylaw to Council by the end of the second quarter of 2025.

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

The operational cost of consultation on the proposal to continue the Control of Earthworks Bylaw is expected to be minimal (less than $1000 plus staff time and resources) and will be met from within existing budgets.

Āpitihanga / Attachments

1. Proposal - Control of Earthworks Bylaw 2019 - A4948807 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	The Control of Earthworks Bylaw has a low level of significance as: a) it does not involve the transfer of ownership or control of a strategic asset or other important asset; and b) it is not inconsistent with current Council plans and policies.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Sections 82, 155(1), 155(2), 158, and 160(3)(b)(ii) of the Local Government Act 2002 apply to the decision recommended in this report.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	The proposal has district-wide relevance and is not within the delegations of Community Boards.
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.	Seeking the views and input of iwi in the development of policy is integral. Māori will be given an opportunity to consult as part of the consultative procedure.
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).	Affected and interested parties will be given an opportunity to share their views and preferences during the consultation process. This includes: · Mana whenua · Land owners · Land developers · Earthworks companies · Farmers · Communities
State the financial implications and where budgetary provisions have been made to support this decision.	The operational cost of consultation on the proposal to continue the Control of Earthworks Bylaw is expected to be minimal (less than $1000 plus staff time and resources) and will be met from within existing budgets.
Chief Financial Officer review.	This report has been reviewed by the Chief Financial Officer.

Ordinary Council Meeting Agenda

12 December 2024

7.5 2024-27 National Land Transport Plan (NLTP) Outcomes

File Number: A4952885

Author: Cushla Jordan, Senior Asset Manager

Authoriser: Tanya Proctor, Head of Infrastructure Strategy

Take Pūrongo / Purpose of the Report

The purpose of this report is to provide Council with an update on the 2024-27 National Land Transport Plan subsidy funding for our Land Transport activities and inform Council’s decisions regarding use of remaining unsubsidised local share.

WhakarĀpopoto matua / Executive Summary

NZ Transport Agency Waka Kotahi announced their final approved subsidy on 3^rd September 2024 for:

· Continuous programmes including walking and cycling and road safety promotion

· Low cost, low risk activities include local road improvements and walking and cycling improvements.

With subsidy funding now confirmed, full option and impact analysis has been undertaken by roading staff. Based on the analysis, staff have put forward recommendations for Council to consider for the allocation of remaining unsubsidised funding for the continuous programmes and low cost low risk activities to ensure continuation of projects.

TŪTOHUNGA / RECOMMENDATION

That Council:

a) approves option 1 for all recommended allocations of unsubsidised funding for:

i) continuous programmes funding; and

ii) low-cost low risk investment funding

1) TĀhuhu kŌrero / Background

A funding budget was prepared for the Council to maintain, operate, renew, and invest in transportation infrastructure which was submitted into the Council’s Long-Term Plan 2024-27. The same funding request was submitted to NZ Transport Agency Waka Kotahi for subsidy.

The subsidy application was made under NZ Transport Agency Waka Kotahi Funding Assistance Rates policy through the National Land Transport Fund for the 2024-27 period to co-invest in local roading transport activities.

The funding application was justified through the Northland Regional Activity Management Plan 2024-2054: Transportation.

The Asset Management Plan supported a funding request not only to maintain existing levels of service, but in key areas such as drainage, sealed and unsealed roads, bridges and structures maintenance and renewals, additional funding requirements were identified and applied for to implement targeted improvement programmes.

NZ Transport Agency Waka Kotahi issued indicative allocations:

· On 6th of June 2024 for continuous programmes (excluding road safety promotion, and footpath and cycle path maintenance) that was $16.015 million lower than the bid made in December 2023,

· On 2nd August 2024 for the remaining continuous programmes for road safety promotion, and footpath and cycle path maintenance that was $5.973 million lower that the bid made in December 2023.

The funding application is classified into various activity classes as defined in the Government Policy Statement on Land Transport. The activity classes are high-level groupings of outputs, e.g., Local Road Pothole Prevention, Local Road Operations etc.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

2.1 Requested Funding budget for 2024-27 National Land Transport Plan vs Approved Subsidy

The funding budget prepared for the 2024-27 National Land Transport Plan versus the NZ Transport Agency Waka Kotahi approved subsidy of 3rd September is shown below in Table 1.

This section contains details of funding outcomes for the specific funding categories of:

• Continuous programmes including Local Road Improvements, Walking and Cycling and Road Safety Promotion

• Low Cost Low Risk

Table 1 - Comparison of 3-year funding request versus approval

Far North District Council Summary of 3 Year Funding Budget Request and NZTA Subsidy Funding approval	2024-27 NLTP Funding Budget Request $	2024-27 NLTP NZTA Approved Subsidy $	2024-27 NLTP Difference (Approved - Requested) $
Pothole Prevention	103,107,431	97,300,002	5,807,429
Operations	53,953,470	47,285,001	6,668,469
Local Road Improvements - WC216 Bridges	11,540,045	8,000,001	3,540,044
Walking and Cycling	2,990,987	684,000	2,306,987
Road Safety Promotion	6,036,763	2,370,000	3,666,763
Total continuous programmes	177,628,696	155,639,004	21,989,692

Low-Cost Low Risk	54,477,982	8,750,000	45,727,982

Figure 1 - Comparison of 3-year funding request versus approval

Continuous Programmes - Local Road Pothole Prevention Fund

Table 2 - Percentage of funding approved against request for Pothole Prevention

W/C	Description	%
111	Sealed Pavement Maintenance	99%
112	Unsealed Pavement Maintenance	96%
113	Routine Drainage Maintenance	99%
211	Unsealed Road Metalling	89%
212	Sealed Road Resurfacing	92%
213	Drainage Renewals	90%
214	Sealed Road Pavement Rehabilitations	99%

Continuous Programmes - Local Road Operations

Table 3 - Percentage of funding approved against request for Operations

W/C	Description	%
114	Structures Maintenance	96%
121	Environmental Maintenance	96%
122	Network Services Maintenance	91%
140	Minor Events	0%
151	Network and Asset Management	90%
215	Structures Component Replacement	67%
222	Traffic Services Renewals	89%

Figure 2 - Comparison of Continuous Programmes

Local Road Improvements

69% of councils funding request was approved for Local Road Improvements. This activity class is for full replacement of bridge and structures and requires a Present Value End of Life analysis to be completed for final sign off from NZ Transport Agency Waka Kotahi. Council’s annual bridge inspections inform future forward works programmes for this activity class.

Walking and Cycling

23% of councils funding request was approved for subsidy under Walking and Cycling.

Road Safety Promotion

Figure 3 - Comparison of Road Safety Promotion Funding

Low-Cost Low Risk Investment Funding

Figure 4 - Comparison of Low-Cost Low Risk Road Investment Funding

2.2 Local share of funding for Continuous programmes and Low-Cost Low Risk Investment Activities

Based upon the NZ Transport Agency Waka Kotahi subsidy funding approvals, the recommendations presented below, which consider the local share portion of the Long Term Plan that has not received subsidy funding.

Refer to Appendix A which provides a detailed breakdown of the 3 years of approved National Land Transport Plan funding for Continuous Programmes.

Refer to Appendix B which provides a detailed breakdown of the 3 years of approved funding for Low Cost Low Risk.

Table 4 - 3-year funding request versus approval and available Local Share

Far North District Council Summary of 3 Year Funding Budget Request and NZTA Subsidy Funding approval	2024-27 NLTP Funding Budget Request $	2024-27 NLTP NZTA Approved Subsidy $	2024-27 NLTP Difference (Approved - Requested) $	2024-27 Surplus Local Share $	Recommendation No.
Pothole Prevention	103,107,431	97,300,002	5,807,429	1,684,155	4
Operations	53,953,470	47,285,001	6,668,469	1,933,856	4
Local Road Improvements	11,540,045	8,000,001	3,540,044	1,026,613	2
Walking and Cycling	2,990,987	684,000	2,306,987	669,026	2
Road Safety Promotion	6,036,763	2,370,000	3,666,763	1,063,361	3
Total continuous programmes	177,628,696	155,639,004	21,989,692	6,377,011

Low-Cost Low Risk	54,477,982	8,750,000	45,727,982	13,261,115	5 to 11

Option 1 – Approve all recommended allocations of unsubsidised funding

Continuous Programmes Funding

There is an overall local share surplus in the 3-years under continuous programmes of $6,377M, however, in 2024-25 (Year 1) there is a shortfall of local share of $54K under the operational activities within Council’s policy.

Recommendations for the redistribution of local share for continuous programmes are provided below:

1. Reallocate $54k of the approved Long Term Plan budget for unsubsidised Tree Trimming to enable Council to match NZ Transport Agency Waka Kotahi’s operational subsidy.

2. That the surplus local share remains for Walking and Cycling of $669k and that the Local Road Improvements of $1,026M be reallocated to Walking and Cycling to enable footpath maintenance and renewals programmes to be completed. The approved allocation compared to councils funding request for was reduced by 77% over the 3-years from NZ Transport Agency Waka Kotahi.

3. That the surplus local share remains for Road Safety Promotion of $1,063M to enable Far North Rural Education Activities Programme (REAP) to undertake more programmes. The approved allocation compared to councils funding request was reduced by 61% over the 3-years from NZ Transport Agency Waka Kotahi.

4. That the surplus local share remains under each work activity within the Pothole Prevention of $1,684M and operations of $1,933M activity classes as identified in Tables 2 and 3 above, to help complete targeted programmes defined in the Activity Management Plan.

Low-Cost Low Risk Investment Funding

There is an overall local share surplus in the 3 years under Low-Cost Low Risk of $13,261M. Refer to Appendix B which provides a detailed breakdown of the 3 years of approved National Land Transport Plan funding for Low-Cost Low Risk.

Additional Resilience Funding to be approved by NZTA

· $100 million Resilience Fund under Low-Cost Low Risk is for Resilience or Associated Improvement projects only that are <$2M. NZ Transport Agency Waka Kotahi have not yet advised on how to apply for funding from this Fund.

· $140 million Transport Resilience Fund ($20M annually over 7-years) and has an 85% Funding Assistance Rate. Council has put forward six resilience sites and is currently working through this approval from NZ Transport Agency Waka Kotahi.

Recommendations for the redistribution of local share for Low-Cost Low Risk are provided below:

5. That the projects identified in Table 5 below remain to enable Council to uptake funding under the Additional Resilience Funds and redistribute the $4.0M in 25-26 and $4.0M in 26-27 for Resilience Improvements across the 3-years to balance the Low-Cost Low Risk programme:

Table 5 – Associated Improvements and Resilience

Activity name	Location description	Requested budget this NLTP period by year
Activity name	Location description	Total cost $'s 2024/25	Total cost $'s 2025/26	Total cost $'s 2026/27
Associated Improvements	Sites determined on the 2021-24 FWP for Rehabilitation sites	480,000	480,000	480,000
Resilience Improvements	Scope and locations confirmed on various locations across the district on the roading network	0 1,828,643	~~4,000,000~~ 3,216,704	~~4,000,000~~ 2,954,653

6. The School Zone Improvements did not receive NZ Transport Agency Waka Kotahi funding. Under both the current and proposed speed limit rule, all schools are required to be treated by 2027. Potential funding required is $1.5M which assumes that all schools already completed require change to electronic variable signage. Refer to Appendix D which provide a breakdown of schools that will require new or re-worked treatments should the proposed rule move forward.

7. The Speed Management did not receive NZ Transport Agency Waka Kotahi funding. The council has elected to consult on the Russell catchment. Consultation will be completed at the end of September 2025 and elected members will have an option to move the entire catchment, or a portion of it, forward for implementation. Potential funding required is $400K.

8. The Walking and Cycling (footpaths) did not receive NZ Transport Agency Waka Kotahi funding. Consideration be given for small amount of funding for each of the Community Board Wards. Potential funding required is $900K (equates to $300K per ward).

9. The lighting improvements did not receive NZ Transport Agency Waka Kotahi funding. Consideration be given to fund some lighting improvements, in particular unlit pedestrian crossings (pedestrian safety improvement). Potential funding required is $350k (equates to $35k per crossing).

10. The local safety improvements did not receive NZ Transport Agency Waka Kotahi funding. Consideration be given to fund minor safety improvements to enable staff to respond to minor safety requests such as improvements to road-to-road walkway safety and security, accessibility improvements such as ramps or mobility parking, minor improvements for school travel, minor intersection improvements such as line marking, etc. These are projects that could be let through a construction panel or to small local contractors for minor improvements in their own community. Potential funding required $300k (equates to $100k per year).

11. That funding be provided for reversal of previously implemented speed limits. Under the proposed rule only widespread 30’s around schools and urban connectors will require changing. Refer to Appendix E which indicates the number of urban connectors that may require changing (five roads). Assuming signage changes around the school zones accounted for above it is suggested allowance be made to make these changes. Potential funding required is $50K.

Refer to Appendix C which provides a detailed breakdown of the 3-years of redistribution of local share.

Option 2 - Approve most of the recommended allocations and outline changes to some recommendations

Council may want to consider approving unbudgeted funding for only the highest-priority projects. This ensures that critical projects will be delivered while limiting the financial impact on Council’s budget. This will mean that projects will either be delayed or not completed.

Option 3 – Do nothing

Proceed without providing any additional Council funding to cover the NZ Transport Agency Waka Kotahi subsidy shortfall. This avoids increasing Council’s financial commitment, maintaining the current budget allocation. This will require a reassessment of the scope of the projects to fit within the revised budget and communicate changes and impacts to stakeholders, including the community.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Based on the funding shortfall and the potential impacts on project delivery, it is recommended that Council consider Option 1 (Approve all recommended allocations of unsubsidised funding). This option allows the projects which were put forward for funding but were not approved, to proceed as planned.

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

Local share of funding for Continuous programmes and Low-Cost Low Risk Investment Activities as outlined in detail under Section 2.

Āpitihanga / Attachments

1. APPENDIX A - Continuous Programmes funding - A5003911 ⇩

2. APPENDIX B - Approved Low-Cost Low Risk Programme 2024-27 - A5003912 ⇩

3. APPENDIX C - Redistribution of Local Share for Low-Cost Low Risk - A5003913 ⇩

4. APPENDIX D - FNDC 2024 Speed Limits Rule - A5003903 ⇩

5. APPENDIX E- Speed Limits Urban Connectors - A5003910 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	The decisions or matters of this report do trigger the significance criteria outlined in Council’s Significance and Engagement Policy.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	This matter pertains to the Local Government Act, Long Term Plan (LTP), Regional Land Transport Plan (RLTP), National Land Transport Programme (NLTP).
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 matter has District wide relevance and all members of the community have been given an opportunity to provide their feedback through the LTP submissions process.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	Iwi and hapu have not been directly consulted with, however, all members of our community have been given an opportunity to provide feedback through the LTP submissions 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).	All members of our community will likely be affected.
State the financial implications and where budgetary provisions have been made to support this decision.	The financial implications are due to NZ Transport Agency Waka Kotahi not funding the budget funding request which results in surplus local share available over the 3 years.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Ordinary Council Meeting Agenda

12 December 2024

7.6 Transfer of Independently Qualified Person's (IQP's)

File Number: A4934061

Author: Oliver Godden, Manager - Building Services

Authoriser: Trent Blakeman, Acting Group Manager - Delivery and Operations

Take Pūrongo / Purpose of the Report

To seek council approval to transfer the powers of the Territorial Authority to register IQPs to Auckland Council, post consultation.

WhakarĀpopoto matua / Executive Summary

The consultation has been complete, and the summary of the consultation has been attached that out lines that feedback, but in general the consensus is to transfer the powers to Auckland Council to manage the IQP register. no further action is required by council.

tŪtohunga / Recommendation

That Council approve the transfer of powers from the Far North District Council to Auckland Council to administer the IQP register for IQP’s working in our district.

1) TĀhuhu kŌrero / Background

A report was considered by Council 14 March 2024. A copy of the report is available as item 6.3 at https://infocouncil.fndc.govt.nz/RedirectToDoc.aspx?URL=Open/2024/03/CO_20240314_AGN_2730_AT_WEB.htm. The resolution of Council was:

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.

This consultation has close, and all submissions have been heard at the meeting on the Wednesday 26 June 2024, for a proposal to transfer some of its powers to Auckland Council under the Building Act 2004 (BA) in relation to the approval of Independently Qualified Persons (IQP). IQPs are those parties accepted by Council as being qualified to carry out responsibilities in relation to building warrants of fitness (BWoF).

The proposed transfer only relates to the approval of IQPs, the maintenance of the register of IQPs and the setting of fees for such approval and on-going registration. The responsibilities of ensuring that buildings have current BWoFs, and their auditing will remain with Far North District Council.

It is considered that there are several positive outcomes to be gained through the transfer, including cost savings, greater opportunities for Northland based IQPs to work within the Auckland region, a better experience for IQPs and building owners through the modern Auckland web-based system, whilst reducing potential risk through a robust assessment of IQPs. It is acknowledged that some parties may see such a transfer as a loss of local autonomy. A joint regional approach such as the Waikato example was considered but would not give any advantages (efficiencies or technical) that can’ be gained through the simpler transfer as proposed.

Section 233 of the BA provides for a TA to transfer its functions, duties, or powers to another TA subject to the use of the special consultative procedure in section 83 of the Local Government Act 2002.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The options were provided via the Statement of proposal in a previous Council meeting and the statement of proposal has been attached for convenience, the transfer of power to Auckland is the most cost effective and rational action to Take.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION:

The recommendation will provide the best outcome in terms of the level of competence of those reviewing the IQP’s that will be working in our district and the overall cost of administering the register as we will bear none of those costs.

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

Nil

Āpitihanga / Attachments

1. Consultation Summary for IQP Public Engagement - A4999318 ⇩

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, Wahi 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	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 is a regulatory function, and the transfer of powers is necessary to ensure an enduring solution to the management of the IQP register which in term has a higher level of competence reviewing IQP’s that work in our district there by aiding in safer building for all.
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.	Apart from the consultation that has bee held to the whole community there has been no direct interaction with community boards, with the except of those in the sitting council that have been privy to this process.
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.	This an issue relating to the transfer of powers under section 223 of the BA 2004 as a regulatory function and include no land or water bodies and has no treaty of Waitangi implications.
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).	Consultation has been completed, and a summary of that consultation is attached.
State the financial implications and where budgetary provisions have been made to support this decision.	Nil
Chief Financial Officer review.	Done

Ordinary Council Meeting Agenda

12 December 2024

7.7 Development of a Local Alcohol Policy

File Number: A4950769

Author: Donald Sheppard, Policy Advisor

Authoriser: Angie Thomas, Acting Chief Financial Officer

Take Pūrongo / Purpose of the Report

To seek approval to develop a Local Alcohol Policy (LAP) for the district.

WhakarĀpopoto matua / Executive Summary

· The alcohol industry provides some positive social and economic benefits for the district, however, there are a range of concerning problems and harms associated with the sale and consumption of alcohol in the Far North

· The Far North District Council does not currently have a Local Alcohol Policy

· Developing a LAP will enable the Council to address these problems and harms by providing policy guidance to the District Licensing Committee (DLC) to help inform its alcohol licensing decisions.

tŪtohunga / Recommendation

That Council approve the development of a Local Alcohol Policy (LAP) for the district.

1) TĀhuhu kŌrero / Background

What is a LAP?

A LAP is a set of policy guidelines made by a local council in consultation with its community about the sale and supply of alcohol in its district.

A LAP is made under the Sale and Supply of Alcohol Act 2012 (the Act) and is intended to ensure:

· the sale, supply, and consumption of alcohol occurs safely and responsibly

· alcohol-related harm is minimised.

A LAP applies to licensing decisions and covers matters such as the trading hours, location, and density of licensed premises. A LAP may have different conditions for different areas in the district.

Under sections 105 and 131 of the Act the District Licensing Committee (DLC) “must have regard to” a LAP when issuing or renewing licences.

LAP history in the Far North

In 2014/15 Council developed a Provisional LAP that was legally challenged (see Attachment Four). In 2018, due to mounting legal costs, Council decided to cease developing this LAP.

Supreme Court clarification of how LAP policies may be justified

In May 2023, a Supreme Court judgement clarified that policies in a LAP may be justified based on a “reasonable likelihood” (rather than proof) it will reduce alcohol-related harm.

Changes to the Act in 2023

In August 2023 several amendments were made to the Act:

· the right of parties to appeal against the LAP to the Alcohol Regulatory and Licensing Authority (ARLA) was removed – this means that Council can develop a LAP without the threat of legal challenges other than the possibility of a judicial review that might consider whether Council acted within the powers given to it by the Act

· Council does not need to make a Provisional LAP – a draft LAP is sufficient for the purposes of consultation and making the LAP

· changes to make it easier for community members to contribute to DLC hearings:

o allowing “any person” to object to a licence application, rather than just those with a “greater interest” than the general public

o extending the time to make an objection from 15 to 25 days after the public notice of a licence application

o parties can attend DLC hearings remotely

o cross-examination is not allowed (the DLC will test the evidence)

o tikanga may be incorporated into proceedings and evidence may be presented in te reo Māori.

Community interest in developing a new LAP for the district

In August 2023, given the changes to the Act, several stakeholder groups asked the Council to recommence developing a LAP for the district. These groups included NZ Police, the Medical Officer of Health, Council’s Alcohol Licencing Inspectors, Ministry of Social Development (MSD), and the Te Hiku Social Accord/ Whiria Te Muka.

Research into developing a LAP

On 16 November 2023 Council authorised the Policy & Bylaws Team to conduct research into making a new LAP (Agenda item 6.4 document number A4437661, pages 46 - 56 refers) and the attached research report covers the findings of this research (see Attachment One).

Attachment Two is a PowerPoint presentation prepared for the workshop with elected members held on 15 October 2024 which summarises the research findings.

Attachment Three is a report analysing the options for developing a LAP.

Attachment Four is the Provisional LAP developed in 2015 – this is not particularly relevant as the Act requires Council to start again with developing a new LAP.

NB. Under the Act, Council cannot recommence developing the previous Provisional LAP, as consultation with the public on its content occurred more than six years ago, in 2014.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Relevant legislation

Under section 10 of the Local Government Act 2002, the purpose of local government is to “promote the social, economic, environmental, and cultural wellbeing of communities, in the present and for the future”. A LAP could address all four “wellbeings” as discussed in section 4.1 of the Research Report. NB. Central government has recently announced that it may amend the Local Government Act, including the purpose of local government. If this occurs, staff will review all policies and make recommendations to Council to amend accordingly. Central Government has indicated they will provide further information by the end of 2024. Currently there is no Bill before parliament. Council must continue to adhere to existing legislation.

The Act empowers a territorial authority to make a LAP relating to the sale, supply, and consumption of alcohol within its district.

Reflecting the object of the Act stated in section 4(1), a LAP’s purpose is to ensure:

· the sale, supply and consumption of alcohol is undertaken safely and responsibly

· the harm caused by the excessive or inappropriate consumption of alcohol is minimised.

Section 77 of the Act provides for a LAP to include policies on any or all of the following licensing matters:

a) location of licensed premises by reference to broad areas

b) location of licensed premises by proximity to premises of a particular kind or kinds – for example, how close liquor stores can be to each other

c) location of licensed premises by proximity to facilities of a particular kind or kinds – these facilities could include ‘sensitive sites’ such as educational facilities, places of worship, marae and/or medical practices

d) whether further licences (or licences of a particular kind or kinds) should be issued for premises in the district, or any part of the district – the Council may impose a cap or ‘sinking lid’ on the issue of further licences in particular towns or across the district

e) maximum trading hours – default hours are stated in the Act. Council may reduce or increase these hours to reflect community preferences

f) the issue of licences, or licences of a particular kind or kinds, subject to discretionary conditions – these are conditions that the DLC may or may not apply to specific licensed premises and could cover areas such as noise control, outdoor advertising of alcohol, and safety and security provisions

g) one-way door restrictions – these restrictions allow patrons to leave on-licences such as bars, taverns, pubs, and nightclubs but not to re-enter these premises after a certain time.

LAPs are optional, but where a territorial authority has a LAP, the DLC and ARLA must “have regard to” the LAP when considering licence applications and renewals in the district.

What is required to develop a LAP?

If Council wishes to develop a LAP, under section 78(1) of the Act, it must prepare a draft LAP, having regard to:

a) the objectives and policies of its District Plan

b) the number of licences of each kind held for premises in its district, and the location and opening hours of these premises

c) any areas in which bylaws prohibiting alcohol in public places are in force

d) the demography of the district’s residents

e) the demography of people who visit the district as tourists or holidaymakers

f) the overall health indicators of the district’s residents

g) the nature and severity of alcohol-related problems arising in the district.

The above areas are all discussed in the attached research report.

Developing a draft LAP will require extensive engagement and consultation

A LAP needs to reflect community preferences regarding the sale and supply of alcohol in the district. This implies engaging with local communities and stakeholder groups (including licensees) to understand their preferences.

Under the Act, Council must:

· consult with the Police, Licencing Inspectors, and the Medical Officer of Health regarding the content of the draft LAP;

· conduct public consultation on the draft LAP using the Special Consultative Procedure described in section 83 of the Local Government Act 2002;

· review the LAP, once adopted, at least every six years.

Summary of the research findings

A summary of the research findings is provided below. For more information, refer to the attached full report.

On the one hand, the alcohol industry provides a range of positive social and economic benefits to the district including:

· support for the local economy through revenue generated by alcohol sales

· direct and indirect employment

· support for the hospitality and tourism sectors

· licensed clubs and on-licence premises (such as bars, taverns, restaurants and nightclubs) serve as social hubs where people gather to socialise, network, and celebrate special occasions

· licensed restaurants and cafés offer patrons the opportunity to enjoy alcohol with food

· off-licences such as supermarkets, groceries, and liquor stores are convenient places to purchase alcohol

· sponsorship and funding of community groups and events.

On the other hand, there are some serious problems and harms associated with the sale and consumption of alcohol in the Far North, including:

· from the Ministry of Health’s New Zealand Health Survey 2017 to 2020:

o 22% of Northland residents aged 15 or more were classified as hazardous drinkers

o 26% of these residents were frequent binge drinkers i.e. consuming at least six standard drinks per occasion at least monthly (the Ministry of Health acknowledges this is likely to be under-reported)

· physical health problems – alcohol consumption is associated with over 200 health conditions. The rate of hospital admissions solely attributable to alcohol in the Far North from 2016 to 2018 placed the district in 6th worst place out of all territorial authorities. Also, the Far North had a 70% higher mortality rate wholly attributable to alcohol than the national average

· excessive alcohol consumption is associated with mental disorders such as depression, anxiety, bipolar disorders, psychosis, and suicidal thoughts and behaviours

· unsafe alcohol use can trigger social problems such as family/whanau dysfunction and domestic violence – in the Te Hiku area in 2023 Whiria Te Muka reported 329 instances of family/whānau violence triggered by alcohol that affected 783 people, including 178 children under the age of 17

· drinking to excess can lead to abusive behaviour, violence, and public disorder - in 2023, the Police attended 1,174 incidents in public spaces in the Far North where alcohol was a contributing factor

· driving under the influence is more common in the Far North than nationally, with the rate of alcohol and drug-related crashes causing death or injuries being 76% higher in the Far North in 2018 to 2021 than in New Zealand overall

· in 2019/20, 12% of drinkers in Northland reported feeling worried or stressed about money because of their drinking

· excessive and inappropriate alcohol use has major economic impacts, including costs related to healthcare, accident compensation, and law enforcement

On balance, alcohol harms and problems cost more to the community than alcohol sales

See the following diagram:

Demographic groups most at risk of alcohol-related harms

Groups that are particularly vulnerable to alcohol-related harms include:

· children aged less than 15 years

· young adults aged 15 to 24

· adults aged 25 to 44

· those living in areas with high social deprivation

· males

· Māori (particularly Māori males).

Community engagement

If the Council resolves that a LAP should be developed for the district, in the design stage of the LAP, extensive community engagement will take place to assess community preferences before a draft LAP can be made for consideration by Council.

Risks and mitigations – judicial review

While the changes to the Act mean that affected parties such as the alcohol industry cannot appeal against a draft LAP developed by the Council, these parties could request a judicial review of the process taken to develop the LAP and whether Council acted within the authority provided by the Act. This is a risk for any new policy or policy review.

The network of councils across the country who are working on developing or reviewing LAPs report that there have been threats of judicial reviews from the alcohol industry when undertaking consultation on their LAPs; however, no official judicial review requests have occurred. Matters raised relate to some of the discretionary policies in their LAPs relating to single unit sales and requiring CCTV cameras for security purposes. This suggests that we can be confident that more substantive issues around the location, opening hours and density of licensed premises are likely not to be challenged. Because the Far North District is behind these other Councils in our LAP development, we can potentially learn from the rulings in any judicial reviews. Also, Alcohol Healthwatch is prepared to help us address any request for a judicial review of our LAP.

Options

There are two options:

1. to develop a LAP for the district

2. not to develop a LAP.

Advantages and disadvantages of these options are summarised below.

Options	Advantages	Disadvantages
1) Develop a LAP for the district (recommended)	Public health, wellbeing, and safety benefits A LAP will address the effects of alcohol-related harm in the district which is at a high level compared with other districts. These harms come at a large social and economic cost to the community Community input A LAP can enable alcohol licensing decisions to reflect community preferences. The changes to the Act strengthen Council’s ability to develop a LAP influenced by the preferences of the community, without legal challenges. Protection of vulnerable groups Possible LAP provisions regarding the location of licensed premises in relation to sensitive sites such as schools, playgrounds, medical facilities, and marae could help protect vulnerable groups from alcohol-related harms. Protection of existing licensed businesses Possible LAP provisions regarding the number and location of new licensed premises could protect existing businesses from competition. Initial support from key stakeholders The Police, the Medical Officer of Health, the DLC, and the majority of Alcohol Licensing Inspectors support making a LAP. Clarity of policy direction A LAP would give the DLC and applicants for licences clear direction regarding Council’s intentions for alcohol licensing. Greater consistency in licensing decisions The District Licensing Committee will have a point of reference for all licensing decisions which it must have regard to in its decisions. Potential cost savings Having a LAP may lead to a decrease in the number of objections made against individual licence applications and consequently fewer costly hearings.	Adverse impact of LAP provisions on alcohol outlets Licensed businesses may be adversely affected by possible LAP provisions such as reduced trading hours. NB. customers may change their behaviour (e.g. purchase alcohol earlier) meaning adverse effects may be minimal. Managing conflicting views Council should be prepared to manage opposing viewpoints from stakeholders representing the alcohol industry, and to accept that its decisions in this area may not satisfy all parties equally. Potential for judicial review Judicial review is still possible despite the amendments to the Act. Defending a judicial review can be costly and time consuming. NB. the Council can potentially be guided by any judicial reviews of other Councils’ LAPs developed after the Act was amended. To date, no such reviews have occurred. Resource commitment Developing a LAP requires extensive engagement with the community and significant staff time will be involved in this engagement and in drafting the LAP. Reviewing a LAP at least every six years will involve one-off costs and again will require significant staff resources.
2) Do not develop a LAP for the district	Licensed premises would not be adversely affected by LAP provisions For example, licensing provisions in a LAP that may apply to trading hours and the location of licensed premises would not apply. Council will avoid an issue that is likely to have conflicting views A judicial review will not occur Council will avoid the time and cost of responding to a potential judicial review Resources will not be committed to LAP development and review Developing a LAP requires extensive engagement with the community and significant staff time will be involved in drafting the LAP and analysing submissions. Reviewing a LAP at least every six years will involve one-off costs and require significant staff resources.	Failure to address public health, wellbeing, and safety issues in the community Council will lose the opportunity to reduce the level of alcohol-related harm in the district via a LAP. Community input The Council will not benefit from community feedback into addressing alcohol-related harm. Missed opportunity to protect vulnerable groups Potential LAP provisions regarding the location of licensed premises in relation to sensitive sites would not be in place. Missed opportunity to protect existing licensed businesses LAP provisions regarding the number and location of new licensed premises that could protect existing businesses from competition would not be in place. Lack of a LAP would disappoint key stakeholders The Police, the Medical Officer of Health, and the majority of Alcohol Licensing Inspectors would be disappointed if a LAP is not developed. Lack of policy direction The DLC will not benefit from policy advice from the Council regarding its decisions. Potential inconsistency in licensing decisions The DLC will lack a point of reference for its licensing decisions. Potential cost savings will not occur Cost savings through fewer licensing objections and hearings will not occur

Options

Advantages

Disadvantages

1) Develop a LAP for the district (recommended)

Public health, wellbeing, and safety benefits

A LAP will address the effects of alcohol-related harm in the district which is at a high level compared with other districts. These harms come at a large social and economic cost to the community

Community input

A LAP can enable alcohol licensing decisions to reflect community preferences. The changes to the Act strengthen Council’s ability to develop a LAP influenced by the preferences of the community, without legal challenges.

Protection of vulnerable groups

Possible LAP provisions regarding the location of licensed premises in relation to sensitive sites such as schools, playgrounds, medical facilities, and marae could help protect vulnerable groups from alcohol-related harms.

Protection of existing licensed businesses

Possible LAP provisions regarding the number and location of new licensed premises could protect existing businesses from competition.

Initial support from key stakeholders

The Police, the Medical Officer of Health, the DLC, and the majority of Alcohol Licensing Inspectors support making a LAP.

Clarity of policy direction

A LAP would give the DLC and applicants for licences clear direction regarding Council’s intentions for alcohol licensing.

Greater consistency in licensing decisions

The District Licensing Committee will have a point of reference for all licensing decisions which it must have regard to in its decisions.

Potential cost savings

Having a LAP may lead to a decrease in the number of objections made against individual licence applications and consequently fewer costly hearings.

Adverse impact of LAP provisions on alcohol outlets

Licensed businesses may be adversely affected by possible LAP provisions such as reduced trading hours. NB. customers may change their behaviour (e.g. purchase alcohol earlier) meaning adverse effects may be minimal.

Managing conflicting views

Council should be prepared to manage opposing viewpoints from stakeholders representing the alcohol industry, and to accept that its decisions in this area may not satisfy all parties equally.

Potential for judicial review

Judicial review is still possible despite the amendments to the Act. Defending a judicial review can be costly and time consuming. NB. the Council can potentially be guided by any judicial reviews of other Councils’ LAPs developed after the Act was amended. To date, no such reviews have occurred.

Resource commitment

Developing a LAP requires extensive engagement with the community and significant staff time will be involved in this engagement and in drafting the LAP.

Reviewing a LAP at least every six years will involve one-off costs and again will require significant staff resources.

2) Do not develop a LAP for the district

Licensed premises would not be adversely affected by LAP provisions

For example, licensing provisions in a LAP that may apply to trading hours and the location of licensed premises would not apply.

Council will avoid an issue that is likely to have conflicting views

A judicial review will not occur

Council will avoid the time and cost of responding to a potential judicial review

Resources will not be committed to LAP development and review

Developing a LAP requires extensive engagement with the community and significant staff time will be involved in drafting the LAP and analysing submissions.

Reviewing a LAP at least every six years will involve one-off costs and require significant staff resources.

Failure to address public health, wellbeing, and safety issues in the community

Council will lose the opportunity to reduce the level of alcohol-related harm in the district via a LAP.

Community input

The Council will not benefit from community feedback into addressing alcohol-related harm.

Missed opportunity to protect vulnerable groups

Potential LAP provisions regarding the location of licensed premises in relation to sensitive sites would not be in place.

Missed opportunity to protect existing licensed businesses

LAP provisions regarding the number and location of new licensed premises that could protect existing businesses from competition would not be in place.

Lack of a LAP would disappoint key stakeholders

The Police, the Medical Officer of Health, and the majority of Alcohol Licensing Inspectors would be disappointed if a LAP is not developed.

Lack of policy direction

The DLC will not benefit from policy advice from the Council regarding its decisions.

Potential inconsistency in licensing decisions

The DLC will lack a point of reference for its licensing decisions.

Potential cost savings will not occur

Cost savings through fewer licensing objections and hearings will not occur

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

On balance, Option 1 (develop a LAP for the district) is recommended because:

· there are extensive problems and harms associated with the inappropriate consumption of alcohol in the district, and there is a reasonable likelihood that a LAP could address these issues

· developing a LAP will enable alcohol licensing decisions to reflect community preferences

· a LAP may protect existing licensed businesses

· a LAP will lead to clarity of policy direction from the Council and greater consistency in licensing decisions by the DLC

· a LAP can potentially lead to cost savings for the DLC through fewer objections against licencing decisions and fewer costly hearings.

NEXT STEPS

As required by the Act, Council staff will work closely with the Police, the Medical Officer of Health, and Alcohol Inspectors to develop the draft LAP. Extensive engagement with the community will also occur via a survey of the public and meetings with key stakeholders including social agencies, iwi and hapu representatives, and the alcohol industry. Input from Community Boards will also be sought during the LAP design phase.

The estimated timeframe to develop and consult on the draft LAP is 6 to 8 months starting in February 2025.

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

Costs to develop a LAP will only involve staff resourcing and will be met from existing budgets. No implementation costs will be involved. Potentially having a LAP in place will reduce the number of costly hearings regarding objections to the DLC’s decisions, as a LAP will give the DLC and licensed premises clear direction regarding Council’s intentions for alcohol licensing.

Āpitihanga / Attachments

1. FNDC LAP Research Report - A4960202 ⇩

2. FNDC LAP Workshop presentation 151024 - A4960190 ⇩

3. Options Analysis report - Local Alcohol Policy - A4960402 ⇩

4. Provisional LAP 2015 - A1570334 ⇩

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	Under the Significance and Engagement Policy, Council staff consider that developing a LAP is highly significant as: · this area is not covered by current plans or policies · developing a LAP is likely to generate considerable public interest · a LAP is likely to be of particular interest to Māori given the disproportionate level of alcohol-related harms experienced by Māori · a LAP is likely to have an impact on the social, economic, environmental and cultural wellbeing of the District.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Legislation: · Sale and Supply of Alcohol Act 2012 · Local Government Act 2002 o section 10 - purpose of local government is to promote the four “well-beings” · section 14(c) - Council’s decisions should take into account a) the diversity of the community, and the community’s interests within its district; b) the interests of future as well as current communities · section 14(d) - Council should provide opportunities for Māori to contribute to its decision-making processes. This is particularly relevant given the disproportionate level of alcohol-related harm experienced by Māori in the district Council’s Long-Term Plan Community Outcomes: · communities that are healthy, safe and connected District Plan Objectives and Policies · see section 4.5 of the attached research report Alcohol Control Bylaw 2018 · see section 4.4 of the research report
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	The sale, supply, and consumption of alcohol has district-wide relevance across the Far North District with 83% of adults aged 15 or more in Northland having consumed alcohol in the past year (2017-20 results). Issues regarding the sale and consumption of alcohol affect local communities and towns and the Act allows for a LAP to have different conditions for different areas in the district. Therefore, local input into developing a LAP is vital. Input from Community Boards will be sought during the LAP design phase to help ensure that local perspectives are considered and appropriate local stakeholders are consulted.
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.	A LAP has potential implications for Māori communities, who are disproportionately affected by the harms and problems associated with alcohol use. To ensure alignment with Māori health priorities and cultural values, Council staff plan to engage with iwi and hapū representatives during the policy design phase. NB. Whiria Te Muka has already provided valuable insights from the perspective of Te Hiku iwi regarding alcohol-related domestic violence in Te Hiku and the desire for iwi and hapu to have their say on a LAP.
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).	Practically all members of the community are affected by the sale, supply, and consumption of alcohol in the district. As discussed in section 9.2 of the research report, demographic groups that are particularly vulnerable to alcohol-related harms include: · children aged less than 15 years · young adults aged 15 to 24 · adults aged 25 to 44 · those living in areas with high social deprivation · males · Māori (particularly Māori males).
State the financial implications and where budgetary provisions have been made to support this decision.	Costs to develop a LAP will only involve staff resourcing and will be met from existing budgets. No implementation costs will be involved. Potentially having a LAP in place will reduce the number of costly hearings regarding objections to the DLC’s decisions.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Ordinary Council Meeting Agenda

12 December 2024

7.8 Future of Severely Affected Locations (FOSAL) Proposed Buyout & Relocation Policy

File Number: A4975532

Author: Esther Powell, Manager - Climate & Action Resilience

Authoriser: Angie Thomas, Acting Chief Financial Officer

Take Pūrongo / Purpose of the Report

To provide an update on the Future of Severely Affected Locations (FOSAL) Programme as of 18 November 2024 and to provide an update on the public consultation undertaken on the Proposed FOSAL Buyout and Relocation Policy.

WhakarĀpopoto matua / Executive Summary

· In June 2024, funds were allocated through the Long-Term Plan to assess properties against FOSAL criteria

· Council expedited the FOSAL process by undertaking concurrent workstreams to develop a buyout and relocation policy while evaluating properties

· The Proposed FOSAL Voluntary Buyout and Relocation Policy underwent public consultation from 26 September to 10 October 2024

· 21 submissions received (18 online, 3 via email), 52% supported Council’s participation in FOSAL, 38% opposed, and 10% were unsure

· In November 2024, it was determined that no properties in the district qualify for the FOSAL Programme therefore the Policy is not required

· While no properties qualify under FOSAL, one general title property and several marae face ongoing risk

· Council staff are working with the Cyclone Recovery Unit (CRU) and Northland Regional Council (NRC) on potential interventions to reduce risk on these properties.

tŪtohunga / Recommendation

That Council:

a) Acknowledge that that there are no residential properties in the Far North District that meet the FOSAL criteria; and

b) Does not adopt the Proposed FOSAL Buyout and Relocation Policy as there are no properties that meet the FOSAL criteria in the Far North.

1) TĀhuhu kŌrero / Background

The FOSAL Programme aims to remove people from danger by identifying intolerable risk to human life from future extreme weather events. As a one-time, post-event programme, FOSAL supports recovery from the severe 2023 North Island Weather Events (NIWE), including Cyclones Hale and Gabrielle and the Auckland Anniversary Floods as defined under s4 of the Severe Weather Emergency Recovery Legislation Act 2023.

In June 2024, Council resolved to invest funds through the Long-Term Plan, to investigate whether any properties within the district meet the criteria of the central government FOSAL Framework.

Council was instructed to accelerate and optimise the FOSAL Programme by the Minister for Emergency Management. In response staff hastened the process by undertaking concurrent work streams to develop a buyout and relocation policy while it was still establishing if there were properties which met the FOSAL criteria.

Council had limited visibility on the full extent of the NIWE's damage. To address this, a district-wide computer simulation identified potentially affected residential locations. A multi-criteria analysis, incorporating qualitative and quantitative data, refined the results, identifying 31 freehold titles and 23 Whenua Māori titles for further investigation. Engagement with the identified landowners reduced the short-list to one general title property and no Whenua Māori properties requiring in-depth investigation.

On 24 September 2024, the Council approved public consultation on the Proposed FOSAL Voluntary Buyout and Relocation Policy, that would address Category 3 locations should they be subsequently identified. The Policy provides a voluntary buyout or relocation option for properties that were severely affected by NIWE and that are facing ongoing intolerable risk to human life from future severe weather. Public feedback was received from 26 September to 10 October 2024 via email, the Council’s "Have Your Say" webpage, and social media updates.

Concurrent to the development and public notification of the Policy, consultants Tonkin Taylor developed a categorisation methodology then undertook an engineering assessment, site visit and interviews with the landowners of the property identified for in-depth assessment. It was determined that the property had not been significantly affected by NIWE, so does not meet the criteria for eligibility into the FOSAL Programme. Therefore, there are no properties in the Far North District that qualify for the FOSAL Programme and the Proposed FOSAL Buyout and Relocation Policy is not required to be adopted at this time.

Although no properties have been categorised under FOSAL, one general title property assessed by Tonkin Taylor faces a significant ongoing risk. Additionally, several marae, while not eligible under FOSAL criteria, are also at risk. Council staff are working with the Cyclone Recovery Unit (CRU) and Northland Regional Council (NRC) to explore potential property and community level solutions to build resilience and reduce risk on these locations.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Submissions on the Draft FOSAL Buyout and Relocation Policy.

Twenty-one written submissions were received (18 online, three via email). Eleven out of the 21 submissions (52%) supported Council’s participation in the FOSAL programme, eight submissions (38%) did not support Council’s participation, while two submitters (10%) were not sure.

Only three of the eleven supporting submissions provided any comment. One submitter thought that the Programme should be expanded to cover future events while another thought that engagement with other councils would maximise the befits of the Programme and prepare the district for future events. The final submitter commented that “it (the Programme) is a start”.

Those who did not support the Programme sighted reasons such as cost, personal responsibility and fairness to unaffected ratepayers. One submitter thought that the Programme would encourage people to buy “hopeless” properties to receive the buyout payment. A further submitter thought that the Programme was a “land grab” and racist as it excludes Māori.

The above points are addressed in detail in the attached analysis report.

Where to from here

While the Proposed Policy is no longer required for the FOSAL Programme, it remains a strategic document, informed by public consultation. In the event of a future severe weather event, the Proposed Policy is available to be adapted to any future government initiative. The readiness of the Proposed Policy will enable Council to respond quickly, streamline processes, and strengthen Councils position if it is required to negotiate potential cost-sharing and support from central government. The Proposed Policy ensures efficient activation by building on existing foundations, optimising time and resources. It demonstrates the Council's dedication to long-term safety and climate adaptation.

Climate Adaptation Inquiry

On 1 October 2024 the Finance and Expenditure Committee released its report into climate adaptation.

The Climate Adaptation Inquiry report will inform the development of a national policy framework for climate change adaptation. The report recommends comprehensive legislation that defines the roles of local and central government, along with associated resourcing and financing arrangements. Retaining the Proposed Policy in reserve will provide a template for future policy development, ensuring continuity and efficiency without the need to start from the ground up.

Option One (Not Recommended)

Adopt the FOSAL Buyout and Relocation Policy.

Option Two (Recommended)

Acknowledge that that there are no residential properties in the Far North District that meet the FOSAL criteria, and

Do not adopt the Proposed FOSAL Buyout and Relocation Policy as there are no properties that meet the FOSAL criteria in the Far North.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

After significant investigation council staff have determined that there are no properties in the Far North that meet the criteria of the FOSAL Programme. Therefore, adopting the FOSAL Buyout and Relocation Policy is irrelevant in the present context as the Proposed Policy only relates to properties that meet the FOSAL criteria.

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

There are no financial or budgetary implications.

Āpitihanga / Attachments

1. FOSAL Submissions Analysis Report - A4978551 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	The significance is low.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The Climate Action Policy, Te Tai Tokerau Climate Adaptation Strategy.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	The Community Boards views are not required as there is no implications.
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 implications for Māori.
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 no affected persons.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial or budgetary implications.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Ordinary Council Meeting Agenda

12 December 2024

7.9 Appointment to External Organisations

File Number: A4988098

Author: Aisha Huriwai, Manager - Democracy Services

Authoriser: Jacine Warmington, Group Manager - Strategic Relationships

Take Pūrongo / Purpose of the Report

To seek appointments of Council to further external bodies.

WhakarĀpopoto matua / Executive Summary

· Council have been approached by additional external stakeholders requesting Council representation.

o Kaikohe Sportsville

o Lake Ōmāpere Trust

o Joint Regional Economic Development (alternate)

tŪtohunga / Recommendation

That Council appoint:

a) Councillor Rākena to Kaikohe Sportsville

b) Councillor _______________ as liaison for Lake Ōmāpere Trust

c) Councillor _______________ as the alternate to Councillors Vujcich and Kleskovic to Joint Regional Economic Development Group

1) TĀhuhu kŌrero / Background

Elected members often hold appointments to various external bodies.

Those appointed to bodies outside of Council act as the spokesperson on matters of local, district, regional or national significance. Some appointments are legislatively required, some are part of a regional agreement, MOU or by invitation.

Members should include commentary on activities for their appointments in their member's reports.

In December 2022 Council made a variety of appointments. Further appointments were made as part of the mid-term governance review in April 2024.

The following table provides a list of all current appointments.

Meeting or role	Lead appointment(s)	Alternates (if any)
Northland Regional Transport Committee	1. Cr Steve McNally	1. Cr Ann Court (alternate)
Te Oneroa a Tōhē Beach Board	1. Mayor Moko Tepania 2. Cr Hilda Halkyard-Harawira
Joint Climate Change Adaptation	1. Kowhai/Deputy Mayor Kelly Stratford	1. Cr Tāmati Rākena (alternate)
Joint Regional Economic Development	1. Cr John Vujcich 2. Cr Penetaui Kleskovic
Mayoral Taskforce for Jobs	1. Kahika/Mayor Moko Tepania	1. Cr Penetaui Kleskovic (alternate)
Creative Communities Funding Assessment Committee	1. Cr Felicity Foy	1. Cr Tāmati Rākena (alternate)
Kaikohe Library & Civic Hub Steering Group (KLCHSG)	1. Cr Tāmati Rākena 2. Cr Babe Kapa 3. Cr Felicity Foy
Turner Centre	1. Cr Babe Kapa
Ngakahu Steering Group	1. Cr John Vujcich 2. Cr Hilda Halkyard-Harawira 3. Cr Babe Kapa 4. Cr Mate Radich 5. Cr Steve McNally
Cycle Trail Trust	1. Cr John Vujcich 2. Cr Babe Kapa
Road Controlling Authority Forum	1. Cr Ann Court
North Chamber	1. Cr John Vujcich
Te Hiku Sports Hub	1. Cr Felicity Foy
Te Ahu Charitable Trust	1. Cr Felicity Foy
NRC Kaeo-Whangaroa River Working Group	1. Kowhai/Deputy Mayor Kelly Stratford
NRC Awanui River Working Group	1. Cr Mate Radich

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

This report seeks a resolution of Council for the following appointments:

· Kaikohe Sportsville

· Lake Ōmāpere Trust

· Joint Regional Economic Development (alternate)

Kaikohe Sportsville

Kaikohe and District Sportsville is a council-initiated Incorporated Society to manage the council-owned sporting facilities at Lindvart Park, Kaikohe. Elected Members have held appointments to Sportsville in the past.

Lake Ōmāpere Trust

The Lake Ōmāpere Trust made a deputation to the Te Kuaka Committee 27 June 2024. Te Kuaka noted in their minutes that they support the work of the Lake Ōmāpere Trust They are actively working to restore Lake Ōmāpere, located near Okaihau. The Trust have a relationship agreement with NRC and is working with NIWA and DOC. Details about what this appointment would look like practically is unknown at this stage. It is understood that the trust has broader aspirations around the built environment and community. This report recommends a Councillor be appointed as the liaison for the Trust to assist in building the relationship between the Trust and the Council.

Joint Regional Economic Development Committee

In December 2022 Council appointed Councillors Kleskovic and Vujcich as the FNDC representatives to this Northland Regional Council Joint Committee. NRC is seeking an alternate to attend meetings in the event that one of the appointed members is unavailable. There are five meetings scheduled each year generally for a half day. Meetings move around the region, following the Mayoral Forum which is held the same day.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Appointing elected members to external bodies ensures public interests, community values, and regional priorities are represented while fostering alignment with Council’s strategic goals.

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

There is no cost in appointing members. There may be mileage or reimbursements from time to time which will be considered as part of the Elected Member Allowance and Reimbursement Policy. These costs are considered to be minimal and within existing budgets.

Āpitihanga / Attachments

Nil

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This 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.	Elected member representation on external bodies is in alignment with key strategies including Far North 2100, Te Rerenga – Economic Development Strategy, and the Te Pae o Uta framework. It takes into account the Elected Member’s Allowances and Reimbursement Policy.
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 may consider it more appropriate for appointments to be made by the Community Board.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	By providing a representative on external bodies, Council will respond more effectively to the needs of Māori, fostering empowered communities, and working collaboratively.
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 doesn’t impact any persons identified by legislation.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications of need for budgetary provision.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Ordinary Council Meeting Agenda

12 December 2024

7.10 Progressing the Multi-Agency Joint Emergency Coordination Centre

File Number: A4997686

Author: Ruben Garcia, Group Manager – Community and Engagement

Authoriser: Guy Holroyd, Chief Executive Officer

Take Pūrongo / Purpose of the Report

The purpose of this report is for the Chief Executive to obtain council authorisation to enter into a binding Heads of Agreement for a Multi-Agency Joint Emergency Coordination Centre with Northland councils. The Heads of Agreement is concurrently being considered by these councils. Additionally, at Fire and Emergency New Zealand (FENZ)’s request as landowner, NRC is working on a separate head of agreement with FENZ along with a development agreement.

WhakarĀpopoto matua / Executive Summary

The report outlines the proposed governance, funding and execution process for the four Northland councils, and FENZ, in constructing the centre as well as its subsequent operating principles under standard Auckland District Law Society leases. The Northland CDEM Group Joint Committee, who have centre provision as an ‘action’ in their 2021-2026 CDEM Group Plan, is to be the governance body for the build and is to receive regular reporting.

tŪtohunga / Recommendation

That:

a) That the report ‘Progressing the Multi-Agency Joint Emergency Coordination Centre’ by Ruben Garcia, Group Manager – Community & Engagement and dated 12 December 2024, be received.

b) That council approve the Chief Executive entering into a Heads of Agreement with Northland councils for a Multi-Agency Joint Emergency Coordination Centre (the Agreement), subject to him being satisfied that:

i) Council has complied with all statutory, regulatory (and policy) obligations that relate to the Agreement; and

ii) The Agreement includes any conditions deemed to be reasonable and appropriate in his view having taken legal or other professional advice, if required.

1) TĀhuhu kŌrero / Background

The Northland CDEM Group Joint Committee is the governance group for CDEM in Northland. In their 2021-2026 Northland CDEM Group Plan, they have an action to build a Multi-agency Joint Emergency Coordination Centre (MACC) for the region. The MACC design will provide for:

· An Emergency Coordination Centre (ECC) for emergency management anywhere in, or throughout, the region;

· Whangarei District Council (WDC) to operate an Emergency Operations Centre (EOC) to address any localised event;

· Office space for the daily operations of ‘Northland Regional Council based’ CDEM staff;

· Office space for the daily operations of Fire and Emergency New Zealand (FENZ) staff.

Decisions arising from NRC’s 2021 to 2031 LTP and 2024 to 2034 LTP process allow for a portion of the Targeted Emergency and Hazard Management Rate to provide debt servicing and repayment of $5,500,000 in capital as a regional council contribution to the MACC Project.

Furthermore, Northland’s three territorial authorities, have also approved contributions to the MACC Project’s construction, as has central government as outlined in the table below.

Fixed Budget and Preliminary Cost Estimate

A Project Advisory Group (PAG), made up of NRC and FENZ key personnel, has been established which will oversee the MACC Project with monthly meetings. The preliminary budget provides a cost estimate to June 2024 with $500,000 ‘headroom’. However, the PAG has agreed that the headroom be tightly held to allow for the fitout (IT, security, soft furnishings), any further market movement and for the unforeseen, albeit $630,000 also sits in the budget as a 10% contingency.

The PAG has also agreed not to attempt a two-storey building, or future proof the foundations and structure for a two-storey, as this cannot be contained within the budget.

Heads of Agreement (HoA) for a MACC

The Final Draft HoA is attached for councils’ consideration and Chief Executive execution should the partnership be agreed. In essence, the HoA sets forth the governing objectives between the four councils, relationships and accountabilities, construction process, payment, principles of ownership, and usage. The HoA has been broadly approved by Chief Executives.

A separate Heads of Lease agreement and Development Agreement between Northland Regional Council and FENZ will cement the PAG relationship; NRC working with FENZ (as landowner and key tenant) executing the design, construction and handover to tenants and the ECC and EOC users.

While the PAG oversees the Project, they will rely upon a Design Team for MACC design. The Design Team will be made up of a representative from each of CDEM, WDC and FENZ with supporting design consultants and an independent Quantity Surveyor.

For the Project, it is intended that operational and reporting lines will be as shown on the schematic model below.

PAG Operation and Reporting

Preliminary Timeline

Over the design phase of the MACC Project, the timeline and budget priorities will inevitably evolve and become more detailed. However, the current timeline is as below and envisages 6 to 12 months design process and an 18-month build.

Summary of the HoA for a MACC

· All four councils have CDEM responsibilities under legislation and agree to work together to provide a MACC.

· The Northland CDEM Group Joint Committee is the governance body, as they already exist, and they have the MACC build as an ‘action’ in their 2021-2026 CDEM Group Plan.

Clause I

· Once the MACC is constructed, the land and building(s) will accommodate NRC based CDEM staff and FENZ staff.

· In an emergency requiring an ECC, or when WDC require an EOC, the MACC space will ‘convert’ and be made immediately available to address the event. The MACC is also available for WDC training purposes when required.

Clauses J and 1 – 3

· NRC will provide property and lease management services for the building.

· FENZ is providing their land at nominal fee, they will subdivide the section off and lease it to council.

Clauses K, L and 4 -7

· NRC will Chair the Project Advisory Group (PAG), made up of NRC and FENZ key personnel, which will oversee the Project with monthly meetings.

· The PAG will rely on a Design Team made up of CDEM, WDC and FENZ emergency response practitioners and supporting design consultants.

· NRC will demolish the existing buildings and construct the MACC in concert with FENZ.

· The Concept Plans demonstrate that the MACC can be constructed to accommodate an ECC for emergency management throughout the region, WDC operation of an EOC to address any localised event and office space for the daily operations of CDEM staff and FENZ staff.

· The Concept Plans are strictly ‘concept only’, the final design will be agreed by the Design Team.

Clauses 8 -12

· NRC is ultimately responsible for the MACC Project and is to report monthly to Chief Executives and through to the Northland CDEM Group Joint Committee.

· NRC, Central Government, WDC, Far North District Council and Kaipara District Council each provide specific funding amounts. Proportionally this is 78.2%, 13.27%, 7.11% and 1.42% respectively where Central Government’s contribution is spread proportionally across parties’ contribution.

· If a decision is made to invest more in the building, the four councils will provide further funds in these proportions.

· If in the future the building is disposed of, or acquired by a new government agency, sale proceeds shall be returned to each Council in these proportions.

Clauses 13 -17

· NRC will lease the property (land and buildings) to the four councils as ‘tenants in common’ with equal shares. In this way, each council is responsible for all Landlord outgoings in equal portions (essentially external maintenance) as the MACC activities will serve them equally.

· The ‘tenants in common’ will then sublease to CDEM and FENZ as tenants who will occupy the centre and be proportionally responsible for Tenant outgoings (rates, insurance, utilities, internal maintenance, etc).

· Each council is responsible for CDEM tenant outgoings in equal portions as the CDEM staff and activities will serve them equally.

The HoA with FENZ (as landowner) will reflect these terms but will be with Northland Regional Council (as MACC Project lead) only.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Considerations

Climate Impact

The construction of the Multi-Agency Joint Emergency Coordination Centre project (MACC Project) does not have climate impact reduction as its primary purpose. However, positive climate change impacts will result from the inclusion of a number of environmentally beneficial utilities in the design. Those to be considered will include solar power generation, LED lighting, water efficient tapware and plumbing, litter traps for stormwater drains, sustainable material use, daylight harvesting alongside light sensing, installation of efficient heating and cooling elements and provision of electric car charging.

Environmental Impact

There are no significant environmental impacts with the redevelopment project largely due to the FENZ site being well above river and sea level and not on reclaimed land.

Community views

The wider regional community/ratepayers will be affected positively with NRC executing a successful development on the site for the provision of regionwide Civil Defence and Emergency Management (CDEM). Seeking community commentary on the Agreement is not necessary as the MACC Project was already included in NRC’s 2021 to 2031 LTP and 2024 to 2034 LTP processes.

Māori impact statement

In successive Long-Term Plans there were no specific concerns raised from Māori or iwi groups in respect of the MACC Project. While the proposal has no specific impact on Māori, it is intended that local hapū will be involved in the blessing of the property prior to demolition and will be engaged with any resulting pre-construction site blessing and commissioning of the building.

Implementation issues

The proposed redevelopment will require intense project oversight best sourced from the private sector. NRC will form a Project Advisory Group (PAG) with members from NRC’s senior management and from FENZ. FENZ have agreed to supply an inhouse Project Manager as FENZ undertake a significant number of builds across New Zealand annually and have inhouse expertise. NRC’s Chief Executive will have final decision-making authority with the benefit of PAG and Design Team advice.

Significance and engagement

The MACC Project is considered ‘not significant’ as the allocation of Targeted Emergency and Hazard Management Rate to provide debt servicing and repayment was publicly canvassed in NRC’s 2021 to 2031 LTP and 2024 to 2034 LTP process.

Policy, risk management and legislative compliance

As with all redevelopments, the PAG provide, monitor and update a risk register for construction risk and health and safety risks. Both a QS and an independent Health and Safety advisor will be engaged throughout the duration of the Project.

A Development Agreement with FENZ will allow for NRC’s usual procurement procedures to be followed, similar to FENZ.

The ground lease and all subleases will be on terms and conditions standard in the modern Auckland District Law Society agreement to lease. Subleases will reflect the nominal rental, outgoings, term and renewal as the head ground lease. The areas to be leased are subject to final agreement and measure once the MACC Project is complete.

Options

No.

Option

Advantages

Disadvantages

Council does not approve the Chief Executive entering into a Heads of Agreement for a Multi-Agency Joint Emergency Coordination Centre (the Agreement) with Northland councils.

The rated funds may be allocated to an alternative centre with other joint user arrangements.

NRC is unlikely to provide a fully effective centre without the partnership and contribution of other key stakeholders.

The design and construction of a centre is delayed.

Central government has offered financing on the basis of a joint arrangement and may reconsider if an agreement varies significantly from the joint proposal.

There is no guarantee an equally attractive alternative site to that offered by FENZ can be sourced easily.

NRC will incur project risks, including construction and Health and Safety risk, regardless of what site or partner arrangements are in place.

Council approves the Chief Executive entering into a Heads of Agreement for a Multi-Agency Joint Emergency Coordination Centre (the Agreement) with Northland councils.

NRC can provide a coordination centre with the benefit of partnership input and funding from other key stakeholders.

Central government has offered financing on the basis of a joint arrangement.

The Chief Executive is able to confirm key terms of the Agreement.

The design and construction of the centre can commence immediately upon signing.

The opportunity to consider other sites or pursue alternative arrangements is ended.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

NRC may allocate rated funds to an alternative centre with joint user arrangements, leveraging partnerships and funding from key stakeholders, including central government. With key terms of the Agreement confirmed by the Chief Executive, design and construction can commence immediately upon signing.

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

The redevelopment of this property will result in the drawing down of finance from NRC’s Targeted Emergency and Hazard Management Rate to provide debt servicing and repayment of $5,500,000 in capital as a regional council contribution to the MACC Project. NRC will also collect and hold funds to supplement the build from the three territorial authorities and central government.

While the design and construction budget is set at $7,570,000 (including 10% contingency), the available funds total $8,070,000 providing $500,000 ‘headroom’. Regardless, the Project Advisory Group (PAG) will halt spending and revise the design and construction, should at any point the MACC Project look to overrun the funds available.

The subleases to CDEM and to FENZ will be at nominal rent (e.g. $1 pa) in recognition of FENZ provision of land at nominal rent and all four councils of provision of funds for the MACC building. However, all parties will provide funding to cover MACC CAPEX and OPEX.

MACC CAPEX

As part of the Agreement councils will equally fund landlord costs (e.g. external cleaning, weathertightness), with CAPEX Landlord costs generally covered by warranties for several years. Quantity Surveyor (QS) provided replacement estimates based on life expectancy of the important building elements indicate that the more significant costs kick in Year 12, 15, 20 and 25 and would need to be in council LTPs. The expected per council 25% share is as below. All figures inflation adjusted (forecast future cost).

A blue and white sheet with numbers and text

Description automatically generated

MACC OPEX

The Agreement also has NRC sharing equally CDEM Tenant outgoings, maintenance (e.g. internal repairs, cleaning) and operational costs (e.g. electricity, rates). With reference to QS estimates and the experience with the Kaipara Service Centre, councils can reliably expect an annual OPEX of between $64,800 and $102,000. As a co-tenant, FENZ pay approximately half of this annual cost. This leaves councils sharing $43,200 to $68,000 pa (i.e. $10,800 to $17,000 per council annually at 25% each).

Āpitihanga / Attachments

1. FINAL DRAFt Heads of Agreement for a Multi-Joint Emergency Coordination Centre PLUS Schedules - A5006366 ⇩

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 degree 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.	Covered under Discussion and Options.
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.	Covered under Discussion and Options.
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.	Covered under Discussion and Options.
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).	Covered under Discussion and Options.
State the financial implications and where budgetary provisions have been made to support this decision.	Covered under Financial Implications section.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Ordinary Council Meeting Agenda

12 December 2024

7.11 Regional Deal Te Tai Tokerau Northland

File Number: A5001582

Author: Roger Ackers, Group Manager - Planning & Policy

Authoriser: Guy Holroyd, Chief Executive Officer

Take Pūrongo / Purpose of the Report

To agree the process and response to the Governments’ invitation to apply for a Regional Deal.

WhakarĀpopoto matua / Executive Summary

· On 21 November 2024, Hon Simeon Brown, Minister of Local Government sent a letter to the mayors / chairs of all local authorities inviting them to submit a regional deal proposal (Attachment 1).

· Regional deals are focused on delivering connected and resilient infrastructure, building economic growth and improving the supply of affordable housing. There will be based on a 30-year vision with 10-year strategic plans.

· In terms of boundaries, “regions” should be a configuration of territorial authorities within a defined economic and geographic area and must include the relevant regional council. It is left to territorial authorities to determine how they collaborate with one another.

· In terms of timing, a registration form (Attachment 2) is due by 18 December 2024 and the “light-touch” proposal (Attachment 3) by 28 February 2025. A key part of the “light touch” proposal is for the region to list five projects/initiatives that it wishes to be included in a regional deal, detailing the outcomes expected, the contribution that councils will be making to these, and what the region is seeking from central government to achieve these outcomes.

· Cabinet will then agree on next steps for each region by mid-2025. The intention is to finalise the first regional deal with one selected region by December 2025 with two more deals finalised by October 2026 (ahead of the next general election).

· Staff recommend agreeing to the steps outlined in this report as they make use of existing resource and governance roles within the region and provide an efficient mechanism for responding to the tight deadlines set by government.

tŪtohunga / Recommendation

That Council:

a) Endorse the preparation of a Regional Deal proposal for submission to central government.

b) Agree to collaborate with the other three local authorities, Kaipara District Council (KDC), Whangārei District Council (WDC), and Northland Regional Council (NRC) as a single “region” for the purpose of the Regional Deal.

c) Approve Northland Inc as the lead organisation responsible for coordinating the development of the Regional Deal proposal, with support from all four councils.

d) Approve the Joint Regional Economic Development Committee as the governance entity overseeing the development of the proposal.

e) Approve the amendment to the Joint Regional Economic Development Committee Terms of Reference as provided in Attachment 4 of this agenda item.

f) Agree that the Chair of the Northland Mayoral Forum be the spokesperson of the Regional Deal programme on behalf of the region.

g) Approve the Registration form being submitted by Northland Inc. on behalf of Northland Local Authorities (by 18 December 2024), following review by the Chief Executive.

h) Note that the Joint Regional Economic Development Committee may be required to meet outside of the normal council meeting cycle during the traditional Christmas recess period.

i) Note that similar recommendations are being presented to KDC, WDC, and NRC at their December 2024 meetings to ensure regional alignment and collaboration.

1) TĀhuhu kŌrero / Background

The government’s Regional Deals (RD) initiative is a new framework aimed at supporting regional economic growth through customised agreements between central and local government. The initiative aligns with the shared economic development vision of Northland and emphasises collaboration on projects that address local opportunities and challenges. Each regional deal will cater to local priorities while sharing the following foundational components:

• Each regional deal will be based on a 30-year vision for the region.

• Each deal will have a 10-year strategic plan with clear outcomes and actions required to achieve them.

• Deals will rely on existing resources to achieve shared goals over new funding.

• Deals establish a framework through which new funding can be allocated as it becomes available.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The Northland Mayoral Forum (NMF) discussed the Minister’s letter at its meeting on Monday 25 November 2024 and agreed that the following steps be taken:

• Proposal Submission: A regional deal proposal be submitted.

• Regional Collaboration: All four Northland councils (Far North District Council (FNDC), Northland Regional Council (NRC), Whangārei District Council (WDC) and Kaipara District Council (KDC)) will participate collectively as a single “region”.

• Coordination Role: Northland Inc, as the council-controlled organisation jointly owned by all four councils, will coordinate the development of the proposal with support from key staff within each council.

• Governance Mechanism: The Joint Regional Economic Development Committee (Joint Committee), made up of two members from each of the four councils, will act as the governance entity for developing the proposal, engaging with central government, and Regional Deals decision-making. A new role and responsibility are required to be added to the Terms of Reference for the Joint Committee to allow it to carry out this function (Attachment 4).

• Spokesperson: The NMF Chair, Mayor Vince Cocurullo, will be the spokesperson for the Regional Deals initiative.

To ensure that Council’s meet the central government timeframes, this paper seeks agreement to the recommended steps for Northland’s participation in this opportunity.

Similar papers are being provided to the other three councils for their agreement. The respective council meeting dates are 10 December (NRC), 11 December (KDC) and 12 December (both FNDC and WDC).

Options

No.

Option

Advantages

Disadvantages

Recommended Option

Agree to the recommended collaborative approach (single “region” with Northland Inc as coordinator and Joint Committee as governance body).

• Aligns with government’s preference for a unified regional approach.

• Strengthens Northland’s proposal with a comprehensive and cohesive vision.

• Leverages Northland Inc’s expertise and existing inter-council governance structures.

• Builds stronger regional identity.

• Requires significant coordination across councils, potentially leading to delays.

Don’t agree to participate in the Regional Deals initiative and the steps outlined above.

• Avoid administrative workload and resource allocation for proposal development.

• Allows focus on other strategic priorities of council.

• Misses a significant opportunity to attract long-term government investment.

• Risks Northland falling behind other regions that actively engage in the initiative.

• Damages the council’s reputation as a collaborator in regional development.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Staff recommend Option 1 as it positions Northland to secure investment while fostering collaboration across councils. The proposed approach provides a mechanism for responding to the tight timeframes given in the invitation from Hon Minister Brown by leveraging existing governance structures, such as the Joint Committee and Northland Inc. This ensures efficiency, aligns with government expectations, and enhances Northland’s ability to present a unified and compelling regional vision.

E WHAIAKE NEI / NEXT STEPS

A staff operational group has been formed from the four councils to progress this work and schedule. This will need be communicated to the Joint Committee. This will set expectations on the work needed and commitments over the next two-to-three-month period.

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

The cost for developing the “light-touch” proposal and any subsequent negotiation with central government are expected to be minimal and largely administrative. Any associated expenses will be covered by the Investment and Growth Reserve (IGR) or existing council resources, as approved by the Chief Executives. Any funding implications arising from specific projects or developments that are incorporated into a regional deal will need to be subject to separate and future council decisions.

Āpitihanga / Attachments

1. Letter from Hon Simeon Brown to all Mayors and Chairs - A5002460 ⇩

2. Regional Deals initial registration form - A5002459 ⇩

3. Regional Deals - light touch proposal application - A5002458 ⇩

4. Joint Regional Economic Development Committee ammended Terms of Reference - A5002461 ⇩

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 level of significance as this proposal does not meet any of the thresholds in Councils Significance and Engagement Policy. No feedback is required, and the public will be informed of Council’s decision via the agenda and minutes publication of this meeting, on the website and through other channels if appropriate.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	A new role and responsibility is required to be added to the Terms of Reference for the Joint Regional Economic Development Committee to allow it to undertake its governance task in relation to Regional Deals. It is proposed that the following new role and responsibility by added to the Terms of Reference provided in Attachment 4. 4) Make decisions relating to the government’s Regional Deals initiative for establishing long-term agreements between central and local government, including but not limited to submitting a proposal, finalising a Memorandum of Understanding and negotiating a deal, ensuring alignment with regional priorities and collaboration among councils.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	The recommendation in this report has District Wide 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.	Māori have not been engaged in the decision-making process because of the tight timeframes between receiving the invitation letter from the Minister and the need for a council decision. However, the “light-touch” proposal form requires local government to engage with both Māori and the private sector to obtain their input into any submission and this will be completed prior to submission approval.
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 specific persons or groups outside of staff from the Northland Councils and Northland In that will directly be affected by the recommendation given in this agenda item.
State the financial implications and where budgetary provisions have been made to support this decision.	The cost for developing the “light-touch” proposal and any subsequent negotiation with central government are expected to be minimal and largely administrative. Any associated expenses will be covered by the Investment and Growth Reserve (IGR) or existing council resources, as approved by the Chief Executives. Any funding implications arising from specific projects or developments that are incorporated into a regional deal will need to be subject to separate and future council decisions.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Ordinary Council Meeting Agenda

12 December 2024

7.12 Submission on the Treaty Principles Bill

File Number: A5008393

Author: Briar Macken, Manager - Strategy & Policy

Authoriser: Roger Ackers, Group Manager - Planning & Policy

Take Pūrongo / Purpose of the Report

To seek endorsement of the submission on the Treaty Principles Bill.

WhakarĀpopoto matua / Executive Summary

· On 07 November, the Government introduced the Treaty Principles Amendment Bill (Bill).

· On 14 November, the Bill received its first reading and was referred to the Justice Committee.

· On 18 November, the Justice Committee called for public submissions. The closing date for submissions is 07 January 2025.

· The purpose of the bill is to set out the principles of the Treaty of Waitangi in legislation, and require, where relevant, those principles to be used when interpreting legislation.

· Council staff intend to make a submission on the Bill as the proposed amendments could significantly impact our relationship with tangata whenua and increase the resourcing required to meet our obligations for council activities such as engagement on resource consent matters.

tŪtohunga / Recommendation

That Council endorse the submission on the Treaty Principles Amendment Bill.

1) TĀhuhu kŌrero / Background

On 07 November 2024, the Government introduced the Treaty Principles Amendment Bill (Bill). The Bill seeks to define in law the principles of Te Tiriti o Waitangi and the Treaty of Waitangi.

As part of the coalition agreement between the Act Party and the National Party to form the current government, the National Party agreed to support the Bill to the select committee stage. However, all elected parties other than ACT have made statements regarding voting the bill down beyond the first reading, therefore the bill is unlikely to pass its second reading.

On 14 November 2024, the Bill received its first reading and was referred to the Justice Committee. The Bill is now open for public submission which closes on 7 January 2025.

FNDC intend to submit on the operational implications this bill may have for Council.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Council staff are concerned that if the Bill were to proceed:

· we may not be able to meet our requirements under the Local Government Act 2002

· we may not be able to uphold our obligations under genuine partnership

· we may not be able to fulfil our obligations under our 14 existing Memorandums of Understanding with iwi and hapū

· increased resources will be required to manage the relationships with settled vs unsettled iwi and to undertake operational activities such as engagement on resource consent matters.

The Far North district includes approximately 144 marae, 10 Iwi Runanga and over 250 hapū. The majority of our District’s iwi and hapū have not reached settlements under the Waitangi Tribunal. There have only been 9 treaty settlements to date in the Far North. However, there is potential for around 200 more as each hapū could settle in their own right.

The Bill essentially includes three principles. All three principles will impact tangata whenua and our relationship with iwi and hapū. However, the principle which will impact Council the most is Principle 2 which states:

(1)	The Crown recognises, and will respect and protect, the rights that hapū and iwi Māori had under the Treaty of Waitangi/te Tiriti o Waitangi at the time they signed it.
(2)	However, if those rights differ from the rights of everyone, subclause (1) applies only if those rights are agreed in the settlement of a historical treaty claim under the Treaty of Waitangi Act 1975.

In local government we are governed by legislation, mainly the Local Government Act 2002 (LGA). Clause 4 of the LGA states

“In order to recognise and respect the Crown’s responsibility to take appropriate account of the principles of the Treaty of Waitangi and to maintain and improve opportunities for Māori to contribute to local government decision-making processes, Parts 2 and 6 provide principles and requirements for local authorities that are intended to facilitate participation by Māori in local authority decision-making processes.”

Therefore, Council must align with the principles of the Treaty of Waitangi for all operational matters. However, if the principles are amended to only apply to the rights of iwi and hapū that have settled, then it will be difficult for FNDC to adhere to our other requirements under the LGA, specifically sections 75, 81, and 82 which are intended to facilitate participation by Māori in local authority decision-making processes.

Council staff have concerns that the Bill does not take into consideration those iwi and hapū who are yet to reach an agreement. For example, there is an overlap of boundaries between iwi who have settled and those iwi who have not, e.g., Te Roroa and Nga Puhi boundaries. This overlap may lead to conflicts and increase the resources required to manage those conflicts when undertaking operational activities such as engagement on resource consent matters.

As a district, FNDC strives to work closely with iwi and hapū and has embedded this collaboration into various layers of Council. We are concerned that this bill will unfairly impact tangata whenua and our relationship with them. We believe the management of settled vs unsettled iwi will cause significant issues within our district and impact our relationship with iwi and hapū.

FNDC have Memorandum of Understandings with 11 iwi and 3 hapū in the district which covers how we as a council will work with them. An obligation with the 11 iwi authorities through these memoranda is to partner on matters of significance to iwi and hapū including undertaking inclusive engagement in resource consent matters. A concern now arises whether FNDC will be able to fulfil our obligations under these memoranda.

The partnership with tangata whenua is embedded into the way FNDC works today and is an involving relationship. This bill will impact a number of the mechanisms which FNDC has in place to ensure iwi and hapū input and partnership, for example:

· Iwi/Hapū (Environmental) Management Plans Policy which includes as an objective to “integrate and consider the views and values of iwi/hāpu regarding the use of natural and physical resources in Council’s strategies, plans, and work programs”.

· Policies in the Proposed District Plan, specifically to work proactively with iwi and hapū and implement agreements with them.

· A Mana Whakahono ā Rohe with Te Runanga a Iwi o Ngapuhi under the Resource Management Act. This has involved 2 years of work alongside the Iwi to develop a Relationship Protocol that outlines how we as council will work alongside the Iwi. This covers participation around resource management decisions such as planning, compliance, and monitoring.

· Hapū working groups – e.g. Kaikohe Wastewater Treatment Plant Hapū Roopu, Ahipara Takiwā Working Group, Taipa Placemaking Working Group, Ngati Kawa Ngati Rahiri Water Treatment Plant Working group.

Council staff foresee risks and issues from the Bill that would impact our community and disproportionately affect the significant number of iwi and hapū we have in our district.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Council staff intend to make a submission on the Treaty Principles Bill as:

· we may not be able to meet our requirements under the Local Government Act 2002

· we may not be able to uphold our obligations under genuine partnership

· we may not be able to fulfil our obligations under our 14 existing Memorandums of Understanding with iwi and hapū

· increased resources will be required to manage the relationships with settled vs unsettled iwi and to undertake operational activities such as engagement on resource consent matters.

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

There are no financial implications from the decision in this report.

Āpitihanga / Attachments

1. Treaty Principles Bill Submission - A5011106 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	In line with the Significance and Engagement Policy, the endorsement of the submission will have little effect on financial thresholds, ratepayers, or levels of service. Therefore, the level of significance is low.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The Local Government Act 2002 applies to the submission in this report.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	The decision in this report has district wide relevance and therefore the views of community boards have not been sought.
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 Treaty Principles Bill has significant implications for Māori.
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 submission is discussing how the proposed Treaty Principles Bill would affect council operations, therefore Council staff have been given an opportunity input through our internal processes.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Ordinary Council Meeting Agenda

12 December 2024

7.13 Adoption of Far North Holdings Statement of Intent for the year ended 30 June 2025

File Number: A5013083

Author: Angie Thomas, Acting Chief Financial Officer

Authoriser: Charlie Billington, Group Manager - Corporate Services

Take Pūrongo / Purpose of the Report

The purpose of this report is to adopt the Far North Holdings Limited – Statement of Intent for the year ended 30 June 2025.

WhakarĀpopoto matua / Executive Summary

· Far North Holdings Limited (FNHL) delivered a draft Statement of Intent (SOI) to Council by 1 March 2024, and following review of comments and feedback from Council, a final SOI for adoption on 20 June 2024.

· Council as shareholder is required to adopt FNHL’s SOI and publish a copy of the SOI on its external website within one month of Council adopting the SOI for a period of 7 years.

tŪtohunga / Recommendation

That Council:

1) adopt the Far North Holdings Limited Statement of Intent for the year ended 30 June 2025

2) publish the Far North Holdings Limited Statement of Intent for the year ended 30 June 2025 on its website within 1 month of adoption

1) TĀhuhu kŌrero / Background

Part 5 and Schedule 8 of the Local Government Act 2002 (LGA02) provides a process for preparation, review, adoption and publication of a SOI by FNHL and Council as shareholder.

Clause 3, Schedule 8 of the LGA02requires FNHL, as a council controlled trading organisation, to deliver a final SOI to Council as Shareholder before the commencement of the financial year to which it relates. FNHL delivered a draft Statement of Intent to Council as Shareholder by 1 March 2024, which was presented at the Governance to Governance workshop on the 7th March 2024.

Further reviews were undertaken by Council and FNHL on 19 April 2024, with Management, Te Miromiro Chair, and was also shared with Murray Bain as part of the FNHL Governance Review.

Council provided comments and feedback to FNHL by 1 May 2024, which was further discussed with FNHL Management and Chair on 30 May 2024 at the Ngawha Innovation Park.

Taking all feedback and discussion into account, as required, FNHL provided the final SOI, which was delivered in draft to Council pending the FNHL Board meeting approval on 10 June. The SOI was approved by the FNHL Board, finalised, and provided in final form to Council as shareholder on 20 June 2024.

The FNHL SOI includes the $5m special dividend which has been incorporated into FNDC’s 2024/25 Annual Plan.

Reference to the final SOI was included in the LTP 2024-27, however, formal adoption of the SOI in accordance with Part 5/ Schedule 8 requirements did not occur in conjunction with the adoption of the LTP.

There is no statutory deadline for Council to adopt an SOI but under usual practice Council would either agree to the SOI or take steps to modify it once the final version has been sent to Council FNHL. Once the SOI has been adopted by Council it must publish on Council’s website within 1 month of adoption and maintained on that site for a period of no less than 7 years.

This report looks to finalise the adoption and publication process formally.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Option 1 (Recommended)

Agree to the final FNHL SOI without further modification and publish it within one month of adoption.

Advantages

-Complies with the statutory requirements under Part5/ Schedule 8 of the LGA02.

Disadvantages

-None

Option 2

Seek further modification of the SOI

Advantages

-Allows Council to address any concerns or improvements that may be identified after review already conducted.

Disadvantages

-Council has already undertaken an extensive review of the SOI, and additional delay might not be required.

Option 3

Do not agree to the final FNHL SOI.

Advantages

-Forces a comprehensive re-evaluation of FNHL's strategic direction and performance objectives.

Disadvantages

-Council will not have followed the statutory process for adoption and publication under the LGA02.

-Creates uncertainty for FNHL, hindering their ability to operate effectively and plan for the financial year.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Option 1 is recommended because it ensures compliance with legal requirements, acknowledges the thorough review process already completed, and supports FNHL's ability to proceed with its operations without unnecessary delays. Adopting the SOI as finalised demonstrates effective governance and maintains a strong, collaborative relationship with FNHL.

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

There are no specific financial implications arising from this report.

Āpitihanga / Attachments

1. Far North Holdings SOI FY25 - A5012399 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	The decision involve adherence to a routine statutory requirement. Council is required under section 64 LGA02 to either agree to FNHL’s SOI or require modifications once it has been delivered to Council by FNHL.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Part 5 and Schedule 8 of the Local Government Act 2002
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.	FNHL operates across the District, therefore the decision has district-wide 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.	Type here
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).	Type here
State the financial implications and where budgetary provisions have been made to support this decision.	Type here
Chief Financial Officer review.

Ordinary Council Meeting Agenda

12 December 2024

8 Ngā Pūrongo Taipitopito / Information Reports

8.1 Report on the Inaugural State of the Far North Address: Outcomes, Insights, and Future Directions

File Number: A4997684

Author: Ruben Garcia, Group Manager – Community and Engagement

Authoriser: Guy Holroyd, Chief Executive Officer

TAKE PŪRONGO / Purpose of the Report

The purpose of this report is to provide a comprehensive overview of the inaugural State of the Far North Address event, held on 12 November 2024. This report will outline the event's significance, outcomes, and alignment with the Council’s vision. Additionally, it will propose next steps and opportunities for future improvement while detailing the financial implications of the event.

WHAKARĀPOPOTO MATUA / Executive SummarY

The State of the Far North Address was a groundbreaking event for the Far North District Council, held at the Turner Centre in Kerikeri. Attended by over 200 stakeholders, it aimed to connect governance with the community, sharing updates on challenges, achievements, and the Council’s vision.

Mayor Moko Tepania delivered a compelling presentation themed Road to Recovery, addressing issues such as extreme weather events, infrastructure improvements, and long-term strategic projects. The event received positive feedback from attendees, national media coverage, and robust digital engagement.

The Address set a precedent for Council transparency and community connection and is recommended to become an annual event. Future iterations will benefit from insights gained and recommendations for improvement outlined in this report.

TŪTOHUNGA / Recommendation

That the Council receive the report on the Inaugural State of the Far North Address: Outcomes, Insights, and Future Directions.

tĀHUHU KŌRERO / Background

The State of the Far North Address was conceived as a platform to bridge the gap between governance and the community by highlighting the Council’s progress, challenges, and plans for the future. It emphasised themes of transparency, accountability, and partnership, aligning closely with the Council’s strategic goals.

Attendees included local business leaders, community advocates, elected members, and Te Ao Māori representatives, reflecting a diverse and engaged audience. The event also featured pre- and post-presentation networking opportunities, fostering dialogue among attendees.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Discussion

The inaugural State of the Far North Address was structured around three core themes: The Road Behind Us, Where We Stand, and The Road Ahead. These themes framed a transparent narrative about the challenges faced, actions taken, and the Council's vision for the future.

1. The Road Behind Us: This segment reflected on past challenges, including severe drought, Cyclone Gabrielle, and COVID-19 lockdowns, and highlighted the Council's innovative responses to these crises.

2. Where We Stand: This segment showcased current achievements, such as:

a. Maintaining the lowest rates increase in New Zealand (4.5%).

b. Major infrastructure investments, including $7.1 million for roads and footpaths and $8.7 million for water supplies in the first quarter of the financial year.

c. Enhancing customer service delivery, with 90% of inquiries resolved at the first point of contact.

3. The Road Ahead: The Mayor outlined ambitious long-term projects such as the Kaitāia Water Project and the Kaikohe Library and Civic Hub, alongside strategies to foster greater community engagement and participation in the democratic process.

Survey Feedback

Post-event survey results (n=58) provided valuable insights into attendee experiences:

• Overall Experience: 91% rated their experience as "Excellent" or "Good."

• Content Relevance: 92% "Strongly Agreed" or "Agreed" that the presentation provided valuable information on Council efforts and goals.

• Theme Clarity: 70% felt the themes (The Road Behind Us, Where We Stand, The Road Ahead) were communicated "Very Clearly," while another 26% felt the themes were communicated “Somewhat clearly.”

• Networking Opportunities: 86% found the networking sessions beneficial.

• Event Logistics: 99% rated the logistics as "Excellent" or "Good."

Open-ended feedback praised the Mayor’s delivery and the event’s innovative format but suggested areas for improvement, such as providing translations for te reo Māori and reducing presentation length.

National and Local Media Coverage

The event gained widespread media attention, further amplifying its impact:

• RNZ published an article describing the event as a groundbreaking effort to reconnect with residents, emphasising its innovative format and transparent messaging (link to story…).

• NZ Herald highlighted the challenges faced by the district and the Council’s proactive measures to address them, describing the event as a “state of the nation-style” address (link to story…).

• Te Ao News reported on the event’s success in showcasing Council’s achievements and future plans, noting the Mayor’s candid approach to addressing community concerns (link to story…).

These articles provided a balanced perspective on the event, reinforcing its role in enhancing Council’s reputation and visibility.

Next Steps

1. Make the Address an Annual Event: Formalise the State of the Far North Address as an annual event to ensure consistent engagement and accountability.

2. Enhance Future Events:

a. Improve ticketing processes and provide name tags for all attendees.

b. Introduce a dress code for elected members and speakers to maintain professionalism.

c. Conduct multiple rehearsals, including a full dry run with all participants.

d. Schedule event around the Parliament calendar to ensure attendance from key Members of Parliament.

3. Extend Reach: Explore the feasibility of localised roadshow events throughout the District to engage broader audiences.

4. Increase Community Engagement: Develop follow-up resources, such as video highlights and summary documents, to maintain momentum and reach a wider audience.

5. Media Training: Equip Council leadership with media training to handle post-event engagement confidently.

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

The event’s total budget was $9,778.26 (excluding GST), allocated across key expense categories, including:

• Venue hire: $2,643.50

• Catering: $5,000.00

• Security: $395.76

• Koha: $1,500.00

• Rentals & Office Supplies: $239.00

The event remained within budget, reflecting effective cost management. The value derived from the event included heightened community engagement, positive media coverage, and robust digital engagement, with 430 video views and nearly 100 hours of watch time in the first week following the event.

Āpitihanga / Attachments

Nil

Ordinary Council Meeting Agenda

12 December 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)(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
9.2 - Facilities Management FNDC Swimming Pools	s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
9.3 - Options for the Future of 11 Matthews Avenue, Kaitāia	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
9.4 - Disposal of land under Public Works Act: the Kaitāia waterwork known as Kauri Dam.	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
9.5 - Moerewa Storm Water Improvements Contract Award	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	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
9.6 - Kaitāia Wastewater Treatment Plant Desludging Procurement	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
9.7 - Options for Flood Affected Location	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)(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
9.8 - Council Public Excluded Open Resolutions Update December 2024	s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege 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
9.9 - Committee Recommendations and Resolutions - December 2024	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