Agenda of Te Hiku Community Board Meeting

Te Kaunihera o Te Hiiku o te Ika

AGENDA

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Te Hiku Community Board Meeting

Friday 31 October 2025

Time:

3.00 PM

Location:

Conference Room - Te Ahu

Cnr State Highway 1 and Mathews Avenue

Kaitāia

Membership:

MemberAdele Gardner

Member Mike Te Wake

Member Eddie Bellas

Member Trevor Beatson

Member Krystal-Rose Taaffe

Member William (Bill) Subritzky

The Local Government Act 2002 states the role of a Community Board is to:

A. Represent, and act as an advocate for, the interests of its community.

B. Consider and report on all matters referred to it by the territorial authority, or any matter of interest or concern to the community board.

C. Maintain an overview of services provided by the territorial authority within the community.

D. Prepare an annual submission to the territorial authority for expenditure within the community.

E. Communicate with community organisations and special interest groups within the community.

F. Undertake any other responsibilities that are delegated to it by the territorial authority

Council Delegations to Community Boards - January 2013

The "civic amenities" referred to in these delegations include the following Council activities:

· Amenity lighting

· Cemeteries

· Drainage (does not include reticulated storm water systems)

· Footpaths/cycle ways and walkways.

· Public toilets

· Reserves

· Halls

· Swimming pools

· Town litter

· Town beautification and maintenance

· Street furniture including public information signage.

· Street/public Art.

· Trees on Council land

· Off road public car parks.

· Lindvart Park – a Kaikohe-Hokianga Community Board civic amenity.

Exclusions: From time to time Council may consider some activities and assets as having district wide significance and these will remain the responsibility of Council. These currently include: The roading network, Hundertwasser toilets, District Library Network, Baysport, the Kerikeri, Kaikohe & Kaitaia Airports, Hokianga Vehicle Ferry, i-Site network, Far North Community Centre, Kerikeri Domain, Kawakawa Heated Swimming Pool, Kaikohe Cemetery, Kerikeri Sports Complex, The Centre at Kerikeri, the Bay of Islands/Hokianga Cycle Trail.

Set local priorities for minor capital works in accordance with existing strategies,

1. Recommend local service levels and asset development priorities for civic amenities as part of the Annual Plan and Long Term Plan processes.

2. Reallocate capital budgets within the Annual Plan of up to 5% for any specific civic amenity, provided that the overall activity budgetary targets are met.

3. Make grants from the allocated Community Funds in accordance with policy 3209, and the SPARC/Sport Northland Rural Travel fund in accordance with the criteria set by the respective body, and, for the Bay of Islands-Whangaroa Community Board, the power to allocate the Hundertwasser Donations Account.

4. Provide comment to council staff on resource consent applications having significance within the Community, including the provision of land for reserves or other public purposes.

5. To hold, or participate in hearings, as the Council considers appropriate, in relation to submissions pertinent to their community made to plans and strategies including the Long Term Plan and Annual Plan, and if appropriate recommend decisions to the Council.

6. To hold hearings of submissions received as a result of Special Consultative Procedures carried out in respect of any matter other than an Annual or Long Term Plan, and make recommendations to the Council.

7. Where recommended by staff to appoint management committees for local reserves, cemeteries, halls, and community centers.

8. To allocate names for previously unnamed local roads, reserves and other community facilities, and recommend to Council name changes of previously named roads, reserves, and community facilities subject to consultation with the community.

9. To consider the provisions of new and reviewed reserve management plans for recommendation to the Council in accordance with the Reserves Act 1977, and hear or participate in the hearing of submissions thereto, as considered appropriate by the Council.

10. To provide recommendations to the Council in respect of applications for the use and/or lease of reserves not contemplated by an existing reserve management plan.

11. Prohibit the use of skateboards in specified locations within their communities, in accordance with Council’s Skating Bylaw 1998.

12. Recommend new bylaws or amendments to existing bylaws.

13. Prepare and review management plans for local cemeteries within budget parameters and in a manner consistent with Council Policy.

14. Exercise the following powers in respect of the Council bylaws within their community:

a) Control of Use of Public Spaces – Dispensations on signs

b) Mobile Shops and Hawkers – Recommend places where mobile shops and/or hawkers should not be permitted.

c) Parking and Traffic Control – Recommend parking restrictions, and areas where complying camping vehicles may park, and consider and grant dispensations in accordance with clause 2007.2

d) Public Places Liquor Control – Recommend times and places where the possession or drinking of alcohol should be prohibited.

e) Speed Limits – Recommend places and speed limits which should be imposed.

15. To appoint Community Board members to speak on behalf of their community in respect of submissions or petitions.

16. Specific to the Bay of Islands-Whangaroa Community Board – consider any recommendations of the Paihia Heritage Working Group and make appropriate recommendations to Council on the development of a draft Plan Change and a Section 32 analysis on heritage provisions for Paihia.

17. Specific to Te Hiku Community Board – the Kaitaia Drainage Area Committee, Waiharara and Kaikino Drainage Area Committee and Motutangi Drainage Area Committee.

18. To set schedule of meeting dates, times and venues, subject to the meetings not conflicting with meetings of the Council and satisfying the provisions of the Local Government Official information and Meetings Act 1987.

19. To review all proposed public art projects on a project-by project basis to ensure they comply with policy #5105 Art in Public Places, including approval of the aesthetic appearance, maintenance programme, insurance and appropriate location, and to agree to their installation.

20. In respect of applications from food establishments for permission to establish tables and chairs on a public place, i.e. Alfresco dining in accordance with Policy 3116, to consider and decide on any application which does not meet all criteria of the policy, and any application which staff recommend to be declined.

21. Subject to a report from the appropriate managers and the appropriate budgetary provision, to make decisions in respect of civic amenities including the levels of service, and the provision or removal of an amenity not provided for elsewhere in these delegations.

Terms of Reference

In fulfilling its role and giving effect to its delegations, Community Boards are expected to:

1. Comment on adverse performance to the Chief Executive in respect of service delivery.

2. Assist their communities in the development of structure plans, emergency management community response plans, and community development plans.

3. Assist their communities to set priorities for Pride of Place programmes.

4. Have special regard for the views of Māori.

5. Have special regard for the views of special interest groups, e.g. disabled, youth, aged, etc.

6. Actively participate in community consultation and advocacy and keep Council informed on local issues.

7. Seek and report to Council community feedback on current issues by:

a) Holding a Community forum prior to Board meetings

b) Varying the venues of Board meetings to enable access by members of the community

8. Monitor and make recommendations to Council to improve effectiveness of policy.

9. Appoint a member to receive Annual Plan\Long Term Council Community Plan submissions pertinent to the Board area, attend hearings within the Board area, and attend Council deliberations prior to the Plan adoption.

Protocols

In supporting Community Boards to fulfil their role, the Council will:

1. Provide appropriate management support for the Boards.

2. Organise and host regular workshops with the Community Boards l to assess the 'State of the Wards & District' to establish spending priorities.

3. Prior to decision-making, seek and include 'Community Board views' in Council reports in relation to:

a) the disposal and purchase of land

b) proposals to acquire or dispose of reserves

c) representation reviews

d) development of new maritime facilities

e) community development plans and structure plans

f) removal and protection of trees

g) local economic development initiatives

h) changes to the Resource Management Plan

4. Organise and host quarterly meetings between Boards, the CEO and senior management staff.

5. Prepare an induction/familiarisation process targeting new members in particular early in the term.

6. Support Board members to arrange meetings with local agencies and service clubs to place more emphasis on partnerships and raising profile of the Boards as community leaders.

7. Permit Board chairperson (or nominated member) speaking rights at Council meetings.

8. Help Boards to implement local community projects.

9. Arrange for Infrastructure and Asset Management Staff to meet with the Community Boards in September each year to agree the capital works for the forthcoming year for input into the Annual or Long Term Plan.

10. Provide information.

Far North District Council

Te Hiku Community Board Meeting

will be held in the Conference Room - Te Ahu, Cnr State Highway 1 and Mathews Avenue, Kaitaia on:

Friday 31 October 2025 at 3:00 PM

Te Paeroa Mahi / Order of Business

1 Karakia Tīmatanga / Opening Prayer. 7

2 Ngā Whakapāha Me Ngā Pānga Mema / Apologies and Conflicts of Interest 7

3 Te Wāhanga Tūmatanui / Public Forum.. 7

4 Ngā Tono Kōrero / Deputation. 7

5 Ngā Kaikōrero / Speakers. 7

6 Ngā Pūrongo / Reports. 8

6.1 Making and Attesting of Declarations. 8

6.2 Election of Chairperson. 11

6.3 Election of Deputy Chairperson. 14

6.4 Explanation of Laws Affecting Elected Members. 17

6.5 Noting of Te Hiku Community Board Standing Orders. 25

6.6 Te Hiku Community Board First Meeting. 105

6.7 Te Hiku Community Board Schedule of Meetings for 2025. 107

7 Karakia Whakamutunga / Closing Prayer. 109

8 Te Kapinga Hui / Meeting Close. 109

6 Ngā Pūrongo / Reports

6.1 Making and Attesting of Declarations

File Number: A5430859

Author: Natasha Rmandic, Democracy Advisor

Authoriser: Aisha Huriwai, Manager - Democracy Services

Take Pūrongo / Purpose of the Report

To set out the process for making and attesting of declarations.

TŪTOHUNGA / Recommendation

There is no recommendation or decision required for this report. The minutes will record that the declarations of elected members were made and witnessed.

1) TĀhuhu kŌrero / Background

Clause 14(1) & (2) Schedule 7 of the Local Government Act 2002 (The Act) states that no person shall be capable of acting as a member of any local authority until he or she has made an oral and written declaration as set out in Clause 14 (3) Schedule 7 of The Act, as set out below. Section 54 (2) of the Act states that these parts of Schedule 7 apply to Community Boards.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The Chief Executive Officer’s appointed officer will witness the declaration of the Te Hiku Community Board Members.

The declaration that each member is required to take is set out in Clause 14(3) Schedule 7 of the Act and reads:

DECLARATION BY MEMBER (English Version)

I, ________________________________, declare that I will faithfully and impartially, and according to the best of my skill and judgement, execute and perform, in the best interests of the Far North District, the powers, authorities, and duties vested in or imposed upon me as Member of the Te Hiku Community Board by virtue of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other Act.

Dated at: Te Ahu – Kaitāia, this 31^st day of October 2025.

DECLARATION BY MEMBER (Te Reo Māori Version)

Ko au ko, ________________________________, ka ōati ai ki runga i te pono me te tika ka mutu ki te taumata o tōku atamai me āku whakataunga. Ka mahi ai mō te painga o Te Hiku o te Ika, haere tonu ki ngā ihi me ngā herenga mahi, ka pā ki roto, ka uruhi ki runga i ahau hei mema o Te Poari o Te Hapori o Te Hiku, e ai ki te Ture Kāwanatanga ā-Rohe 2002. Te Ture Kāwanatanga ā-Rohe mō ngā Kōrero Whakamōhio me ngā Huihuinga Kōrero 1987, me tāpiri atu ki ērā atu o ngā Ture raini.

He mea whakaū tēnei ki: Te Ahu – Kaitāia, i tēnei rā 31 o Whiringa-ā-nuku, 2025.

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

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

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	Not applicable.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Not applicable.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	This is a Community Board report.
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.	Not applicable.
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).	Not applicable.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications or budgetary provision required as a result of this report.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

6.2 Election of Chairperson

File Number: A5430935

Author: Natasha Rmandic, Democracy Advisor

Authoriser: Aisha Huriwai, Manager - Democracy Services

Take Pūrongo / Purpose of the Report

The purpose of the report is to explain the procedure for the election of the Chairperson of the Board and to elect a Chairperson.

tŪtohunga / Recommendation

A) That the Te Hiku Community Board:

· use System B as the preferred voting system to elect a Chairperson.

· elect _______________ as Chairperson for the triennium October 2025 to October 2028, in accordance with Standing Orders.

B) That the elected Chairperson make and attest the statutory declaration as Chairperson in accordance with clause 14, Schedule 7 of the Local Government Act 2002

1) TĀhuhu kŌrero / Background

Section 54 (2) of the Local Government Act 2002 (LGA02) states that Part 1 of Schedule 7 (excluding clauses 15 and 33 to 36) applies to Community Boards.

Part 2 of Schedule 7 states that a community board must have a chairperson.

It is therefore necessary to appoint a Chairperson to the Bay of Islands-Whangaroa Community Board at the first meeting of the local authority under Clause 21(5)(b) of Schedule 7.

Until a Chairperson is elected, the meeting must be chaired by the Chief Executive or their nominee, as provided in Schedule 7, Clause 21.

Voting procedures are set out in Schedule 7, Clause 25.

The elected Chairperson must make and attest the statutory declaration as required under Schedule 7, Clause 14.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

A Chairperson of a Community Board shall be elected from among its members at its first meeting following the election of the Community Board.

When electing a Chairperson the community board must resolve to use one of the following two voting systems as set out in Standing Orders 5.2.

System A –

a. requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

b. has the following characteristics:

i. there is a first round of voting for all candidates; and

ii. if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

iii. if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

iv. in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

System B -

(a) requires that a person is elected or appointed if he or she receives more votes than any
other candidate; and

(b) has the following characteristics:

(i) there is only one round of voting; and

(ii) if 2 or more candidates tie for the most votes, the tie is resolved by lot.

System B is the recommended option. This is the system used by Council and Committees as per their Standing Orders.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Te Hiku Community Board Standing Orders outline System B as the default voting method, consistent with Council Standing Orders. However, the Community Board could resolve to use to use System A if preferred. System A is conducted by ballot during the meeting with the support of staff.

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

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

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	Not applicable.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Not applicable.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	This is a Community Board report.
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.	Not applicable.
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).	Not applicable.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications or budgetary provision required as a result of this report.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

6.3 Election of Deputy Chairperson

File Number: A5431021

Author: Natasha Rmandic, Democracy Advisor

Authoriser: Aisha Huriwai, Manager - Democracy Services

Take Pūrongo / Purpose of the Report

The purpose of the report is to explain the procedure for the election of the Deputy Chairperson of the Board and to elect a Deputy Chairperson.

tŪtohunga / Recommendation

That Te Hiku Community Board:

a) use System B as the preferred voting system to elect a Deputy Chairperson.

b) elect _______________ as Deputy Chairperson for the triennium October 2025 to October 2028, in accordance with Standing Orders.

1) TĀhuhu kŌrero / Background

The Chairperson of the Board will call for nominations for Deputy Chairperson, who will then be elected using the preferred voting system.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Schedule 7, 21(5)(e) of the Local Government Act 2002 provides for the election of a Deputy Chairperson. Section 54 (2), states that Schedule 7 (excluding clauses 15 and 33 to 36) applies to Community Boards.

A Deputy Chairperson of a Community Board shall be elected from among its members at its first meeting following the election of the Community Board.

When electing a Deputy Chairperson the community board must resolve to use one of the following two voting systems as set out in Standing Orders 5.2.

System A -

a. requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

b. has the following characteristics:

i. there is a first round of voting for all candidates; and

ii. if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

iv. in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

System B -

(a) requires that a person is elected or appointed if he or she receives more votes than any
other candidate; and

(b) has the following characteristics:

(i) there is only one round of voting; and

(ii) if 2 or more candidates tie for the most votes, the tie is resolved by lot.

System B is the recommended option. This is the system used by Council and Committees as per their Standing Orders.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Te Hiku Provide a succinct overview of why your recommended option was chosen.

Community Board Standing Orders outline System B as the default voting method, consistent with Council Standing Orders. However, the Community Board could resolve to use to use System A if preferred. System A is conducted by ballot during the meeting with the support of staff.

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

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

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	Not applicable.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Not applicable.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	This is a Community Board report.
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.	Not applicable.
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).	Not applicable.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications or budgetary provision required as a result of this report.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

6.4 Explanation of Laws Affecting Elected Members

File Number: A5429401

Author: Natasha Rmandic, Democracy Advisor

Authoriser: Aisha Huriwai, Manager - Democracy Services

Take Pūrongo / Purpose of the Report

At the first meeting following a triennial local election, elected members are required to receive a general explanation of key laws that apply to elected members. This report provides a brief of the key legislation as required under, under Clause 21 (5)(c) of Schedule 7 of the Local Government Act 2002.

tŪtohunga / Recommendation

That Te Hiku Community Board note the report “Explanation of Laws Affecting Elected Members”, and the advice provided at this meeting.

1) TĀhuhu kŌrero / Background

As part of your induction, the Chief Executive is required under the Local Government Act to arrange an explanation of key legislative obligations that apply to you as elected members. This ensures you understand your responsibilities and avoid any risk of prosecution or disqualification.

You may also be aware that the current Government has proposed significant changes to the legislation under which local government is conducted. This includes changes to the Local Government Act, which will be raised at the meeting, and changes to other legislation affecting resource management and the environment. Only some of the legislation you will become familiar with is required to be covered at this meeting, but you will soon become aware of the vast network of legislation applicable to local government.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

There are a number of core legal requirements that elected members should be aware of when making decisions. These include the:

· Local Government Act 2002

· Local Government Official Information and Meetings Act 1987

· Local Authorities (Members’ Interests) Act 1968

· Health and Safety at Work Act 2015

· Crimes Act 1961 – sections 99. 105 and 105A

· Secret Commissions Act 1910

· Financial Markets Conduct Act 2013

Local Government Act 2002 (LGA)

This Act defines the purpose of local government, including democratic decision-making and promoting the social, economic, environmental, and cultural well-being of communities, now and in the future. Under this Act local authorities have the power of general competence, which is tempered by formal planning and reporting requirements built into the Act. It sets principles for transparency, accountability, Māori participation, and prudent stewardship. Councils must follow formal decision-making processes, especially for significant matters. Some regulatory powers are also provided, including the power to make bylaws.

Councillors are required to comply with Council’s Code of Conduct, which sets expectations for behaviour, decision-making, and relationships, and promotes trust, respect, and accountability. The current Code of Conduct was adopted by Council in October 2022. However, the Government plans a review of the relevant provisions of the Act, and a new national standard Code is under development.

Local Government Official Information and Meetings Act 1987 (LGOIMA)

The Act promotes openness and public participation. Parts 1 and 2 govern access to Council (official) information and Part 7 deals with meeting procedures.

Official information, which is widely defined under the Act, should be publicly available unless valid reasons exist to withhold it. This includes information that you hold as elected members in your capacity as such – including emails, notes, text messages, voicemails, regardless of whether on your personal or Council-owned devices. If it is information that relates to your capacity as an elected member it can be ‘called in’ and provided to the Ombudsman in the context of a complaint from a member of the public who is seeking that information. All information ‘held’ by Council is subject to the Act.

Certain types of information can be withheld, e.g., where required to protect the privacy of natural persons, or commercially sensitive. But these provisions are strictly interpreted by the Ombudsman in the event of a complaint.

Meetings of Council and its committees must be publicly notified and open unless exclusion is justified. In 2024 the Ombudsman and the Auditor-General have expressed the view that non-official meetings such as workshops should also routinely be notified and open to the public unless good reason for confidentiality can be established.

Local Authority (Members’ Interests) Act 1968

This Act is intended to prevent conflicts of interest. There are two main rules:

1. Members must not enter contracts with the Council that total over $25,000 in any one financial year without Auditor-General approval. Note this applies to contracts involving a member’s spouse, companies in which you or your spouse own more than 10% of the issued capital or in which either is the managing director or general manager.

Council may make an application to the Auditor-General for prior approval of any such contract in special cases.

2. Members must not vote or participate in decisions where they have a pecuniary (financial) interest unless that interest is held in common with the public. Note that a pecuniary interest exists where the matter would, if dealt with in a particular way, give rise to an expectation of a gain or loss of money.

As above, the rule extends to spouses and related companies.

A member must declare any pecuniary interest to the meeting and abstain. That declaration and abstention will be recorded in the minutes of the meeting.

A member can apply to the Auditor-General for a declaration that the rule shall not apply to a matter to be considered by Council on the grounds that it would impede the transaction of Council business, or that it would be in the interests of the community that the prohibition should not apply.

A breach of these rules carries automatic disqualification from office.

You should also be aware that participating in a decision where you have a non-pecuniary interest such as bias or pre-determination may not put you at risk but may put the decision at risk of an application for judicial review before the High Court.

Crimes Act 1961 – Sections 99, 105, and 105A

These provisions prohibit bribery and misuse of official information.

A bribe is money, valuable consideration, office, employment, or any benefit direct or indirect.

Members, who are defined as officials of Council, must not accept, obtain, agree or offer to accept, or attempt to obtain a bribe.

Members must not corruptly use or disclose Council information for pecuniary gain or advantage for yourself or any other person.

Both are offences carrying a penalty of up to 7 years imprisonment and disqualification from office.

Secret Commissions Act 1910

Prohibits using office for improper gain.

Offences include:

· accepting inducements for influencing decisions;

· failing to disclose any pecuniary interest in a contract made on behalf of Council, including family interests;

· falsifying an invoice or receipt to Council or failing to disclose any commission, discount, rebate etc. given or allowed;

· receiving a secret reward for procuring a contract.

Convictions may result in imprisonment for up to 7 years and disqualification from office.

Financial Markets Conduct Act 2013

Applies when Council offers financial products, e.g., debt or equity securities. Members are treated like company directors and may be personally liable for misleading disclosures. It is most likely to affect a Council should it choose to go directly to the market with an offer of its own debt securities, such as bonds. Accuracy and transparency are essential as substantial financial penalties can apply.

Protected Disclosures (Protection of Whistleblowers) Act 2022

The Act protects those who report serious wrongdoing. Members are shielded from retaliation and entitled to confidentiality. Council has procedures to support disclosures.

Health and Safety at Work Act 2015 (HSWA)

Members are deemed 'Officers' and must exercise due diligence in ensuring workplace safety. This includes staying informed, monitoring compliance, and ensuring safe systems are in place. Council has a Due Diligence programme to support this. Elected members have a measure of protection for failure to exercise due diligence under the Act but retain an oversight role.

Last words
In closing, this advice is procedural but essential. You have a fuller outline of these matters by way of a handout attached to this report (see attachments). Please take time to read them carefully. If you have any questions, I encourage you to speak with the Mayor, or the Chief Executive.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

This report is for information purposes only.

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

There are no financial implications or budgetary provision needed as a result of this report and presentation.

Āpitihanga / Attachments

1. Laws Affecting Members Cr Briefing initial meeting order paper 29 Oct 2025

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This matter 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.	Legislation requires that this report be tabled at this Council meeting.
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 will receive this report at their inaugural meeting.
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 on 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).	Not applicable.
State the financial implications and where budgetary provisions have been made to support this decision.	Not applicable.
Chief Financial Officer review.	Not applicable.

6.5 Noting of Te Hiku Community Board Standing Orders

File Number: A5429600

Author: Natasha Rmandic, Democracy Advisor

Authoriser: Aisha Huriwai, Manager - Democracy Services

Purpose of the Report

The purpose of the report is to present Council with the current Standing Orders.

Recommendation

That Te Hiku Community Board note Te Hiku Community Board Standing Orders.

1) Background

Standing Orders are a set of rules of debate that apply to all meetings of Council and its committees and subcommittees, including Community Boards. Furthermore, Standing Orders ensure the legal requirements of the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987 are met. They also provide clarity as to what is expected of the members within a meeting and generally cover procedures to enable meetings to be held in a fair and transparent manner.

New Zealand Standards issued a “Model Standing Orders for Meetings of Local Authorities and Community Boards”. In 2016 there was a shift and Council’s across New Zealand moved from using a New Zealand Standards version, to a template version developed by Local Government New Zealand. revision was necessitated by the enactment of the Local Government Act 2002 and included amendments to the Act in 2004. Since then, Local Government New Zealand (LGNZ) assumed responsibility for updating standing orders every three years, providing templates and guidance on their website with the most recent version being provided in late 2024 following work with Simpson Grierson which included templates for city and district councils, regional councils, and community boards.

As part of the Local Government (System Improvements) Amendment Bill government are seeking for all Council’s to operate under a standard set of Standing Orders, again issued by New Zealand Standards. While a draft document will be released for consultation in October 2025 the final publication won’t be available no later than April 2026.

2) Discussion and Options

Standing Orders are regularly reviewed by a group of local government practitioners, facilitated by Local Government New Zealand (LGNZ). Following each review process LGNZ they release a recommended template version of Standing Orders for each Council to adopt, or tweak as their own. Each set of changes to Standing Orders generally keeps the same intent and principles, in alignment with legislation, but tweaks the wording to clarify each point.

The most recent review of LGNZ Standing Orders were made available to New Zealand Council’s in March 2025.

Look to operate under previous SO’s noting new SO’s imposed by Govt in approximately April 2026.

As part of the post-election onboarding programme the Democracy Services Team will facilitate a standing orders session date for which will be announced in New Year. We will discuss application of standing orders and potential amendments, but in the meantime, recommend the continued use of the standing orders.

Reason for the recommendation

To note Standing Orders for Te Hiku Community Board.

3) Financial Implications and Budgetary Provision

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

Attachments

1. Standing Orders as at 21 September 2023

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 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.	Standing Orders is a legislative requirement. Staff do not propose any changes or review due to a National review and legislative change under development.
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 report is for Council, each Community Board will set their own Standing Orders at their own 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.	Not applicable.
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.	Not applicable.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications or budgetary provision as a result of this report.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

6.6 Te Hiku Community Board First Meeting

File Number: A5431119

Author: Natasha Rmandic, Democracy Advisor

Authoriser: Aisha Huriwai, Manager - Democracy Services

Take Pūrongo / Purpose of the Report

To note the date and time of the first meeting of Te Hiku Community Board.

tŪtohunga / Recommendation

That Te Hiku receive the report “Te Hiku Community Board First Meeting”.

1) TĀhuhu kŌrero / Background

The Local Government Act (2002) cl. 21(5), Schedule 7, sets out a number of requirements of business that must be conducted at the Inaugural Meeting. This includes:

(d) The fixing of the date and time of the first meeting of the local authority, or the adoption of a
schedule of meetings.

Te Hiku Community Board’s first meeting has been scheduled for Monday 24 November 2025.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The schedule of formal meetings will be tabled to Council and the Community Boards at their meetings in December.

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

There are no financial implications or budgetary provisions required as a result of this report.

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 report 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.	Not applicable.
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.	Not applicable.
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.	Not applicable.
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).	Not applicable.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications as a result of this report.
Chief Financial Officer review.	This report has not been reviewed by the Chief Financial Officer.

6.7 Te Hiku Community Board Schedule of Meetings for 2025

File Number: A5431102

Author: Natasha Rmandic, Democracy Advisor

Authoriser: Aisha Huriwai, Manager - Democracy Services

Take Pūrongo / Purpose of the Report

To note the date and time of the meeting schedule for the remainder of the 2025 meetings of Te Hiku Community Board.

tŪtohunga / Recommendation

That Te Hiku Community Board receive the report “Te Hiku Community Board Schedule of Meetings for 2025”.

tĀhuhu kŌrero / Background

The Local Government Act (2002) cl. 21(5), Schedule 7, sets out a number of requirements of business that must be conducted at the Inaugural Meeting. This includes:

- The fixing of the date and time of the first meeting of the local authority, or the adoption of a schedule of meetings.

Te Hiku Community Board’s Meeting Schedule

Monday 24 November 2025 from 10.00am at Te Ahu, Kaitaia

matapaki me NgĀ KŌwhiringa / Discussion and Options

The meeting schedule covers meeting dates for the remainder of the 2025 calendar year.

The schedule of 2026 formal meetings will be tabled to Council and the Community Boards at their meetings in December.

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

There are no financial implications or budgetary provisions required as a result of this report.

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 report 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.	Not applicable.
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.	Not applicable.
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.	Not applicable.
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).	Not applicable.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications as a result of this report.
Chief Financial Officer review.	This report has not been reviewed by Chief Financial Officer.