Te Kaunihera o Tai Tokerau ki te Raki

 

 

AGENDA

 

Ordinary Council Meeting

 

Thursday, 24 February 2022

Time:

10:00 am

Location:

Virtually via Microsoft Teams

 

 

Membership:

Mayor John Carter - Chairperson

Deputy Mayor Ann Court

Cr David Clendon

Cr Dave Collard

Cr Felicity Foy

Cr Mate Radich

Cr Rachel Smith

Cr Kelly Stratford

Cr Moko Tepania

Cr John Vujcich

 

 


Ordinary Council Meeting Agenda

24 February 2022

 

COUNCIL MEMBERS REGISTER OF INTERESTS

Name

Responsibility (i.e. Chairperson etc)

Declaration of Interests

Nature of Potential Interest

Member's Proposed Management Plan

Hon Mayor John Carter QSO

Board Member of the Local Government Protection Programme

Board Member of the Local Government Protection Program

 

 

Carter Family Trust

 

 

 

Deputy Mayor Ann Court

Waipapa Business Association

Member

 

Case by case

Warren Pattinson Limited

Shareholder

Building company. FNDC is a regulator and enforcer

Case by case

Kerikeri Irrigation

Supplies my water

 

No

District Licensing

N/A

N/A

N/A

Ann Court Trust

Private

Private

N/A

Waipapa Rotary

Honorary member

Potential community funding submitter

Declare interest and abstain from voting.

Properties on Onekura Road, Waipapa

Owner Shareholder

Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)

Declare interest and abstain from voting.

Property on Daroux Dr, Waipapa

Financial interest

Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)

Declare interest and abstain from voting.

Flowers and gifts

Ratepayer 'Thankyou'

Bias/ Pre-determination?

Declare to Governance

Coffee and food

Ratepayers sometimes 'shout' food and beverage

Bias or pre-determination

Case by case

Staff

N/A

Suggestion of not being impartial or pre-determined!

Be professional, due diligence, weigh the evidence. Be thorough, thoughtful, considered impartial and balanced. Be fair.

Warren Pattinson

My husband is a builder and may do work for Council staff

 

Case by case

Ann Court - Partner

Warren Pattinson Limited

Director

Building Company. FNDC is a regulator

Remain at arm’s length

Air NZ

Shareholder

None

None

Warren Pattinson Limited

Builder

FNDC is the consent authority, regulator and enforcer.

Apply arm’s length rules

Property on Onekura Road, Waipapa

Owner

Any proposed FNDC capital work in the vicinity or rural plan change. Maybe a link to policy development.

Would not submit.                                                                               Rest on a case by case basis.

David Clendon

Chairperson – He Waka Eke Noa Charitable Trust

None

 

Declare if any issue arises

Member of Vision Kerikeri

None

 

Declare if any issue arrises

Joint owner of family home in Kerikeri

Hall Road, Kerikeri

 

 

David Clendon – Partner

Resident Shareholder on Kerikeri Irrigation

 

 

 

David Collard

Snapper Bonanza 2011 Limited

45% Shareholder and Director

 

 

Trustee of Te Ahu Charitable Trust

Council delegate to this board

 

 

Felicity Foy

Flick Trustee Ltd

I am the director of this company that is the company trustee of Flick Family Trust that owns properties Seaview Road – Cable Bay, and Allen Bell Drive - Kaitaia.

 

 

Elbury Holdings Limited

This company is directed by my parents Fiona and Kevin King.

This company owns several dairy and beef farms, and also dwellings on these farms. The Farms and dwellings are located in the Far North at Kaimaumau, Bird Road/Sandhills Rd, Wireless Road/ Puckey Road/Bell Road, the Awanui Straight and Allen Bell Drive.

 

Foy Farms Partnership

Owner and partner in Foy Farms - a farm on Church Road, Kaingaroa

 

 

Foy Farms Rentals

Owner and rental manager of Foy Farms Rentals for 7 dwellings on Church Road, Kaingaroa and 2 dwellings on Allen Bell Drive, Kaitaia, and 1 property on North Road, Kaitaia, one title contains a cell phone tower.

 

 

King Family Trust

This trust owns several titles/properties at Cable Bay, Seaview Rd/State Highway 10 and Ahipara - Panorama Lane.

These trusts own properties in the Far North.

 

112 Commerce Street Holdings Ltd

Owner of commercial property in Commerce Street Kaitaia.

 

 

Foy Property Management Ltd

Owner of company that manages properties owned by Foy Farms Rentals and Flick Family Trust.

 

 

Previous employment at FNDC 2007-16

I consider the staff members at FNDC to be my friends

 

 

Shareholder of Coastline Plumbing NZ Limited

 

 

 

Felicity Foy - Partner

Director of Coastal Plumbing NZ Limited

 

 

 

Friends with some FNDC employees

 

 

 

Mate Radich

No form received

 

 

 

Rachel Smith

Friends of Rolands Wood Charitable Trust

Trustee

 

 

Mid North Family Support

Trustee

 

 

Property Owner

Kerikeri

 

 

Friends who work at Far North District Council

 

 

 

Kerikeri Cruising Club

Subscription Member

 

 

Vision Kerikeri

Financial Member

 

 

Rachel Smith (Partner)

Property Owner

Kerikeri

 

 

Friends who work at Far North District Council

 

 

 

Kerikeri Cruising Club

Subscription Member and Treasurer

 

 

Vision Kerikeri

Financial Member

 

 

Town and General Groundcare Limited

Director, Shareholder

 

 

Kelly Stratford

KS Bookkeeping and Administration

Business Owner, provides book keeping, administration and development of environmental management plans

None perceived

Step aside from decisions that arise, that may have conflicts

Waikare Marae Trustees

Trustee

Maybe perceived conflicts

Case by case basis

Bay of Islands College

Parent Elected Trustee

None perceived

If there was a conflict, I will step aside from decision making

Karetu School

Parent Elected Trustee

None perceived

If there was a conflict, I will step aside from decision making

Māori title land – Moerewa and Waikare

Beneficiary and husband is a shareholder

None perceived

If there was a conflict, I will step aside from decision making

Sister is employed by Far North District Council

 

 

Will not discuss work/governance mattes that are confidential

Gifts - food and beverages

Residents and ratepayers may ‘shout’ food and beverage

Perceived bias or predetermination

Case by case basis

Taumarere Counselling Services

Advisory Board Member

May be perceived conflicts

Should conflict arise, step aside from voting

Sport Northland

Board Member

May be perceived conflicts

Should conflict arise, step aside from voting

He Puna Aroha Putea Whakapapa

Trustee

May be perceived conflicts

Should conflict arise, step aside from voting should they apply for funds

Kawakawa Returned Services Association

Member

May be perceived conflicts

Should conflict arise, step aside from voting should they apply for funds

Whangaroa Returned Services Association

Member

May be perceived conflicts

Should conflict arise, step aside from voting should they apply for funds

National Emergency Management Advisor Committee

Member

 

Case by case basis

 

Te Rūnanga ā Iwi o Ngāpuhi

Tribal affiliate member

As a descendent of  Te Rūnanga ā Iwi o Ngāpuhi I could have a perceived  conflict of interest  in Te Rūnanga ā Iwi o Ngāpuhi  Council relations

Declare a perceived  conflict should there appear to be one

Te Rūnanga ā Iwi o Ngāti Hine

Tribal affiliate member

Could have a perceived conflict of interest

Declare a  perceived  conflict should  I determine there is a conflict

Kawakawa Business and Community Association

Member

 

Will declare a perceived conflict should there appear to be one

Kelly Stratford - Partner

Chef and Barista

Opua Store

None perceived

 

Māori title land – Moerewa

Shareholder

None perceived

If there was a conflict of interest I would step aside from decision making

Moko Tepania

Teacher

Te Kura Kaupapa Māori o Kaikohe.

Potential Council funding that will benefit my place of employment.

Declare a perceived conflict

Chairperson

Te Reo o Te Tai Tokerau Trust.

Potential Council funding for events that this trust runs.

Declare a perceived conflict

Tribal Member

Te Rūnanga o Te Rarawa

As a descendent of Te Rarawa I could have a perceived conflict of interest in Te Rarawa Council relations.

Declare a perceived conflict

Tribal Member

Te Rūnanga o Whaingaroa

As a descendent of Te Rūnanga o Whaingaroa I could have a perceived conflict of interest in Te Rūnanga o Whaingaroa Council relations.

Declare a perceived conflict

Tribal Member

Kahukuraariki Trust Board

As a descendent of Kahukuraariki Trust Board I could have a perceived conflict of interest in Kahukuraariki Trust Board Council relations.

Declare a perceived conflict

Tribal Member

Te Rūnanga ā-Iwi o Ngāpuhi

As a descendent of Te Rūnanga ā-Iwi o Ngāpuhi I could have a perceived conflict of interest in Te Rūnanga ā-Iwi o Ngāpuhi Council relations.

Declare a perceived conflict

John Vujcich

Board Member

Pioneer Village

Matters relating to funding and assets

Declare interest and abstain

Director

Waitukupata Forest Ltd

Potential for council activity to directly affect its assets

Declare interest and abstain

Director

Rural Service Solutions Ltd

Matters where council regulatory function impact of company services

Declare interest and abstain

Director

Kaikohe (Rau Marama) Community Trust

Potential funder

Declare interest and abstain

Partner

MJ & EMJ Vujcich

Matters where council regulatory function impacts on partnership owned assets

Declare interest and abstain

Member

Kaikohe Rotary Club

Potential funder, or impact on Rotary projects

Declare interest and abstain

Member

New Zealand Institute of Directors

Potential provider of training to Council

Declare a Conflict of Interest

Member

Institute of IT Professionals

Unlikely, but possible provider of services to Council

Declare a Conflict of Interest

 

 

 


Ordinary Council Meeting Agenda

24 February 2022

 

Far North District Council

Ordinary Council Meeting

will be held in the Virtually via Microsoft Teams on:

Thursday 24 February 2022 at 10:00 am

Te Paeroa Mahi / Order of Business

1          Karakia Timatanga / Opening Prayer. 11

2          Ngā Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest 11

3          Ngā tono kōrero / Deputations. 11

4          Ngā Kōrero A Te Koromatua / Mayoral Announcements. 11

5          Confirmation of Previous Minutes. 12

5.1            Confirmation of Previous Minutes. 12

6          Reports. 28

6.1            Far North Holdings Limited - Amendment to Company Structure. 28

6.2            Far North Holdings Limited Board Appointments. 37

6.3            Committee Recommendations and Resolutions - February 2022. 48

6.4            Koutu Mongero Picnic Area Encroachment 67

6.5            Adoption of Statement of Proposal to Amend Resource Consent Fees & Charges for 2022-23. 75

6.6            Paihia Central Business District Development Rate - allocation 2020/21 to 2023/24. 86

6.7            Review on Erosion Issues for Freese Park. 112

7          Information Reports. 123

7.1            Kaikohe Cares Project 123

7.2            Far North Holdings Ltd - Quarter one financial report 2021/22. 125

7.3            Progress Report: The Reintroduction of Development Contributions in the Far North District in Alignment with the 2024-34 Long Term Plan. 132

7.4            Ngakahu Steering Group Update. 136

7.5            Community Board Updates February 2022. 159

7.6            Council Action Sheet Update February 2022. 175

8          Te Wahanga Tūmataiti / Public Exclude. 191

8.1            Confirmation of Previous Minutes - Public Excluded. 191

8.2            Committee Public Excluded Resolutions - February 2022. 191

8.3            Milford Island - Out of Policy Rate Remission Request 192

8.4            8A Matthews Avenue. 192

9          Karakia Whakamutunga / Closing Prayer. 193

10       Te Kapinga Hui / Meeting Close. 193

 

 


1            Karakia Timatanga / Opening Prayer

“Ka tuku mātou kia kaha mai ngā māngai kua whiriwhirihia mō Te Kaunihera o Tai Tokerau ki te Raki ki te mahi me te ngākau auaha me te whakamahi i ngā pūkenga me te mātauranga i roto i ngā wānanga me ngā whakataunga kia whakatūria ai tētahi Hapori e matatika ana, e tū kotahi ana ka mutu ka whakapiki anō i te oranga o tō tātou rohe, ka whakatau anō i ngā take o te rohe i runga i te tika me te pono”.

 

“We ask that through Council discussions and decisions the representatives we have elected may govern the Far North District with imagination, skill and wisdom to achieve a fairer and more united Community that enhances the wellbeing of our district and solves the District’s problems efficiently and effectively”.

2            Ngā Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest

Members need to stand aside from decision-making when a conflict arises between their role as a Member of the Council and any private or other external interest they might have. This note is provided as a reminder to Members to review the matters on the agenda and assess and identify where they may have a pecuniary or other conflict of interest, or where there may be a perception of a conflict of interest.

If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the meeting or of the relevant item of business and refrain from participating in the discussion or voting on that item. If a Member thinks they may have a conflict of interest, they can seek advice from the Chief Executive Officer or the Team Leader Democracy Support (preferably before the meeting).

It is noted that while members can seek advice the final decision as to whether a conflict exists rests with the member.

3            Ngā tono kōrero / Deputations

Shaun Johnson representing Merlin Labs abd Space Aero.

Justin Blaikie representing Sportsville – Lindvart Park

4            Ngā Kōrero A Te Koromatua / Mayoral Announcements    


Ordinary Council Meeting Agenda

24 February 2022

 

5            Confirmation of Previous Minutes

5.1         Confirmation of Previous Minutes

File Number:           A3538366

Author:                    Marlema Baker, Democracy Advisor

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

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.

Recommendation

That Council confirms as a true and correct record the minutes of the Council meetings as follows;

a)    14 December 2021 (Extraordinary)

b)    16 December 2021

·                       

 

1)  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)  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.

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)  Financial Implications and Budgetary Provision

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

Attachments

1.       2021-12-14 Council Minutes - A3523284

2.       2021-12-16 Council Minutes - A3530384  


 

Compliance schedule:

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

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

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

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

c)      If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

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

 

Compliance requirement

Staff assessment

State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

This is a matter of low significance.

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

This report complies with the Local Government Act 2002 Schedule 7 Section 28.

State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.

It is the responsibility of each meeting to confirm their minutes therefore the views of another meeting are not relevant.

State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.

There are no implications for Māori in confirming minutes from a previous meeting. Any implications on Māori arising from matters included in meeting minutes should be considered as part of the relevant report.

Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example, youth, the aged and those with disabilities).

This report is asking for minutes to be confirmed as true and correct record, any interests that affect other people should be considered as part of the individual reports.

State the financial implications and where budgetary provisions have been made to support this decision.

There are no financial implications or the need for budgetary provision arising from this report.

Chief Financial Officer review.

The Chief Financial Officer has not reviewed this report.

 


Ordinary Council Meeting Agenda

24 February 2022

 

   MINUTES OF Far North District Council
Extraordinary Council Meeting
HELD AT THE
Virtually via Microsoft Teams
ON
Tuesday, 14 December 2021 AT 10:01 am

 

PRESENT:              Mayor John Carter (HWTM), Cr Ann Court, Cr David Clendon, Cr Dave Collard, Cr Felicity Foy, Cr Mate Radich, Cr Rachel Smith, Cr Kelly Stratford, Cr Moko Tepania, Cr John Vujcich

IN ATTENDANCE: Mike Edmonds (Member), Adele Gardner (Te Hiku Community Board Chairperson), Belinda Ward (Bay of Islands-Whangaroa Community Board), Shaun Clarke (Chief Executive Officer), William J Taylor, MBE (General Manager Corporate Services), Dean Myburgh (General Manager District Services), Andy Finch (General Manager Infrastructure and Asset Management), Darren Edwards (General Manager Strategic Planning and Policy)

1            Karakia Timatanga / Opening Prayer

His Worship the Mayor opened and commenced the meeting with a prayer.

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

There were no apologies or declarations of interest.

3            ngā tono kōrero / Deputation

10:05 am    Justin Blaikie provided a Lindvart Park Presentation.

12:10 pm    Pita Tipene on behalf of Northland Adventure Experience LTD.

4            NGĀ KŌRERO A TE KOROMATUA / MAYORAL ANNOUNCEMENTS   

-     COVID-19 Red Traffic Light system will be implemented in Northland on 15 December 2021 (Letter from Mayor Sheryl Mai read).

-     Kerikeri ANZAC Day – Letter to be sent to the Community Boards.

-     Pohutukawa Trees – Ahipara.

-     Matauri Bay.

-     Letter from Councillor Vujcich – Ngakahu Steering Group. Item 6.2 refers.

5            Confirmation of Previous Minutes

5.1         Confirmation of Previous Minutes

Agenda item 5.1 document number A3497795, pages 12 - 34 refers.

Resolution  2021/70

Moved:       Mayor John Carter

Seconded:  Cr Rachel Smith

That Council confirms as a true and correct record the minutes of the Council meetings as follows;

a)    14 October 2021 (Extraordinary)

b)    4 November 2021

In Favour:       Mayor John Carter, Deputy Mayor Ann Court, David Clendon, Dave Collard, Felicity Foy, Mate Radich, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Nil

·                        Carried

6            Reports

6.1         New Reserve Act Lease to Russell Tennis Club Incorporated

Agenda item 6.1 document number A3440072, pages 35 - 38 refers.

Resolution  2021/71

Moved:       Mayor John Carter

Seconded:  Cr Kelly Stratford

That Council:

a)    approve a new ground lease be issued to the Russell Tennis Club Incorporated over part of the Local Purpose (community activities) Reserve, for approximately 1,500 square metres, being  part of Allotment 2A Section 6 Town of Russell held in Record of Title NA61/226, vested in Far North District Council as a local purpose reserve by Section 26A Reserves Act 1977. The terms of the proposed lease shall be:

I.   Term 33 years – maximum allowed for under the Reserves Act 1977

II.  Rental      $110 pa – FNDC Fees and Charges Schedule 2021/22 – Community leases

b)    with further conditions negotiated and agreed upon by the General Manager Infrastructure and Asset Management and the Russell Tennis Club Incorporated.

In Favour:       Mayor John Carter, Deputy Mayor Ann Court, David Clendon, Dave Collard, Felicity Foy, Mate Radich, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Nil

Carried

 

6.2         Appointment of a Council Steering Group to Discuss the Future of the Kauri Dam with the Ngakahu Whenua Trust.

Agenda item 6.2 document number A3512603, pages 39 - 42 refers.

Resolution  2021/72

Moved:       Cr John Vujcich

Seconded:  Cr Dave Collard

That Council;

a)    establish a steering group named Ngakahu Steering Group.

b)    appoint Crs Radich, Vujcich, Collard and Tepania to the Ngakahu Steering Group,

c)    request the steering group enter into discussions with Ngakahu Ngakohu Whanau Ahuwhenua Trust to

I.    obtain and understand their aspirations and concerns regarding the future of the Dam and surrounding land,

II.   identify mutually acceptable exit options.

d)    request the steering group report back to Council their findings and recommendations.

e)    move the corrected report be tabled.

In Favour:       Mayor John Carter, David Clendon, Dave Collard, Felicity Foy, Mate Radich, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Deputy Mayor Ann Court

Abstained:       Cr Rachel Smith

Carried

 

6.3         Committee Recommendations and Resolutions - November 2021

Agenda item 6.3 document number A3472547, pages 43 - 60 refers.

Resolution  2021/73

Moved:       Mayor John Carter

Seconded:  Deputy Mayor Ann Court

That Council:

a)    approve the removal of the of Eucalyptus Trees along the boundary line walkway behind 121 & Lot 13 Waitotara Drive at an unbudgeted operational expenditure of $27,000 plus GST

b)    approve the maintenance to the Eucalyptus trees along the Fairy Pools track and reserve posing potential immediate risk at an unbudgeted operational expenditure of $10,000 plus GST

c)    revoke the Litter Infringement Policy 2017.

d)    adopts the provisions to infringe littering offences in the Far North District pursuant to Section 13 of the Litter Act 1979.

e)    agree that no infringement fee shall exceed $400, as per Section 13 of the Act.

f)     agree infringement notices shall be served as per Section 14 of the Act.

g)    agree, in response to the consultation under 160 (3)(b)(ii), no amendments are to be made to the Solid Waste Bylaw.

h)    agree, under section 160 of the Local Government Act 2002 the Solid Waste Bylaw be continued without amendment.

In Favour:       Mayor John Carter, Deputy Mayor Ann Court, David Clendon, Dave Collard, Felicity Foy, Mate Radich, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Nil

Carried

7            Information Reports

7.1         CEO Report to Council 1 September 2021 - 31 October 2021

Agenda item 7.1 document number A3489136, pages 61 - 83 refers.

Resolution  2021/74

Moved:       Mayor John Carter

Seconded:  Cr Mate Radich

That the Council receive the report CEO Report to Council 1 September 2021 - 31 October 2021.

In Favour:       Mayor John Carter, Deputy Mayor Ann Court, David Clendon, Dave Collard, Felicity Foy, Mate Radich, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Nil

Carried

 

7.2         External borrowing review

Agenda item 7.2 document number A3486034, pages 84 - 90 refers.

Resolution  2021/75

Moved:       Cr Felicity Foy

Seconded:  Cr Rachel Smith

That the Council receive the report External Borrowing Review.

In Favour:       Mayor John Carter, Deputy Mayor Ann Court, David Clendon, Dave Collard, Felicity Foy, Mate Radich, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Nil

Carried

 

7.3         2021/22 to 2023/24 Roading Capital and Renewals Work Programme

Agenda item 7.3 document number A3487138, pages 91 - 100 refers.

Resolution  2021/76

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

That the Council receive the report 2021/22 to 2023/24 Roading Capital and Renewals Work Programme.

In Favour:       Mayor John Carter, Deputy Mayor Ann Court, David Clendon, Dave Collard, Felicity Foy, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Nil

Abstained:       Cr Mate Radich

Carried

The meeting was adjourned from 12:24 pm to 1.02 pm.

7.4         Community Board Updates November 2021

Agenda item 7.4 document number A3400646, pages 101 - 124 refers.

Resolution  2021/77

Moved:       Cr John Vujcich

Seconded:  Cr Moko Tepania

a)    That Council grant to the Kaikohe-Hokianga Community Board the delegated authority to negotiate the lease of the Council building on 11 Parnell Street Rawene.

In Favour:       Mayor John Carter, David Clendon, Dave Collard, Felicity Foy, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Deputy Mayor Ann Court and Mate Radich

Abstained:       Cr Rachel Smith

carried

ResolutioN 2021/78

 

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

That Council note the following Community Board minutes:

b)    Kaikohe-Hokianga Community Board, 8 November 2021.

c)    Te Hiku Community Board, 9 November 2021.

d)    Bay of Islands-Whangaroa Community Board, 11 November 2021.

In Favour:       Mayor John Carter, Deputy Mayor Ann Court, David Clendon, Dave Collard, Felicity Foy, Mate Radich, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Nil

Carried

 

7.5         Council Action Sheet Update December 2021

Agenda item 7.5 document number A3472600, pages 125 - 144 refers

Resolution  2021/79

Moved:       Mayor John Carter

Seconded:  Cr Rachel Smith

That Council receive the report Action Sheet Update December 2021.

In Favour:       Mayor John Carter ,Deputy Mayor Ann Court, David Clendon, Dave Collard, Felicity Foy, Mate Radich, Rachel Smith, Kelly Stratford and John Vujcich

Against:           Cr Moko Tepania

Carried

8            te wāhanga tūmataiti / Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2021/80

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

a)    That the public be excluded from the following parts of the proceedings of this meeting.

b)    That Council permit Ana Heremaia and Mike Shaw into the public excluded part of the meeting in relation to the Kaikohe Civic Hub Working Party Recommendations as members of the working party they will be better placed to answer any questions from the members.

c)    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

8.1 - Confirmation of Previous Minutes - Public Excluded

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

8.2 - Kaikohe Civic Hub Working Party Recommendations

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(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

8.3 - Taumarere to Opua Cycle Trail Relocation Update

s48(2)(a)(i) - the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the Council to deliberate in private on its decision or recommendation where a right of appeal lies to any court or tribunal against the final decision of the Council in these proceedings

s48(2)(a)(i) - the exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation

8.4 - Contract Award - Contract 7/21/202  Construction of General Bridge Repairs 2021 - 24

s48(1)(b)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information the public disclosure of which would be contrary to the provisions of a specified enactment

s48(1)(b)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information the public disclosure of which would be contrary to the provisions of a specified enactment

8.5 - Community Board Public Excluded Minutes November 2021

s48(2)(a)(i) - the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the Council to deliberate in private on its decision or recommendation where a right of appeal lies to any court or tribunal against the final decision of the Council in these proceedings

s48(2)(a)(i) - the exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation

8.6 - Committee Public Excluded Resolutions - December 2021

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

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)

s7(2)(j) - the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage

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

 

In Favour:       Mayor John Carter, Deputy Mayor Ann Court, David Clendon, Dave Collard, Felicity Foy, Mate Radich, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Nil

 Carried

 

8.7         Confirmation of Information and Decisions to be released in Public

Resolution  2021/81

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Rachel Smith

That Council confirms the information and decisions contained in the part of the meeting held with public excluded not be restated in public meeting as follows:

That Council:

a)      Approve the award of Contract 7/21/202 - Construction of General Bridge Repairs 2021-24 to Steve Bowling Contracting Ltd. for a contract value of $REDACTED and

b)      Delegates authority to the Chief Executive Officer to execute the associated document approvals:

i)       Contract signing

ii)      Supplier recommendation approval

iii)     PO approval

In Favour:       Mayor John Carter, Deputy Mayor Ann Court, David Clendon, Dave Collard, Felicity Foy, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Nil

Carried

9            Karakia Whakamutunga / Closing Prayer

Cr Moko Tepania closed the meeting with a karakia.

10          Meeting Close

 

The meeting closed at 3:31 pm.

 

The minutes of this meeting will be confirmed at the Council Meeting held on 24 February 2022.

 

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

CHAIRPERSON


Ordinary Council Meeting Agenda

24 February 2022

 

   MINUTES OF Far North District Council
Ordinary Council Meeting
HELD
Virtually via Microsoft Teams
ON
Thursday, 16 December 2021 AT 10.00 am

 

PRESENT:              Mayor John Carter (HWTM), Deputy Mayor Ann Court, Cr David Clendon, Cr Felicity Foy, Cr Mate Radich, Cr Rachel Smith, Cr Kelly Stratford, Cr Moko Tepania, Cr John Vujcich

IN ATTENDANCE: Adele Gardner (Te Hiku Community Board Chairperson), Belinda Ward (Bay of Islands-Whangaroa Community Board), Shaun Clarke (Chief Executive Officer), William J Taylor, MBE (General Manager Corporate Services), Dean Myburgh (General Manager District Services), Andy Finch (General Manager Infrastructure and Asset Management), Darren Edwards (General Manager Strategic Planning and Policy)

1            Karakia Timatanga / Opening Prayer

His Worship the Mayor commenced the meeting with a prayer.

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

Resolution  2021/70

Moved:       Mayor John Carter

Seconded:  Cr Kelly Stratford

That the apology received from Cr David Collard be accepted and leave of absence granted.

In Favour:       Mayor John Carter, Deputy Mayor Ann Court, David Clendon, Felicity Foy, Mate Radich, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Nil

Carried

3            ngā tono kōrero / Deputation

There were no deputations for this meeting.

4            NGĀ KŌRERO A TE KOROMATUA / MAYORAL ANNOUNCEMENTS   

The Mayor advised he did not have any announcements.

5            Reports

5.1         Far North Holdings LTD Annual Report for the year ended 30 June 2021

Agenda item 5.3 document number A3516410, pages 72 - 120 refers.


 

Resolution  2021/71

Moved:       Mayor John Carter

Seconded:  Cr John Vujcich

That That Council accept the Annual Report for Far North Holdings Ltd for the year ended 30 June 2021.

In Favour:       Mayor John Carter, Deputy Mayor Ann Court, David Clendon, Felicity Foy, Mate Radich, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Nil

Carried

 

5.2         Adoption of the Annual Report for the year ended 30 June 2021

Agenda item 5.2 document number A3495561, pages 70 - 71 refers.

Resolution  2021/72

Moved:       Mayor John Carter

Seconded:  Deputy Mayor Ann Court

That Council:

a)      adopt the Annual Report for the year ended 30 June 2021;

b)      agree that the General Manager Corporate Services is authorised to make any grammatical changes that may be required.

In Favour:       Mayor John Carter, Deputy Mayor Ann Court, David Clendon, Felicity Foy, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Nil

Abstained:       Crs Mate Radich and Rachel Smith

carried

NOTE: A copy of the Far North District Council Annual Report was circulated to Mayor and Councillors under separate cover.

 

5.3         Programme Darwin - Programme and Funding Update

Agenda item 5.4 document number A3458979, pages 121 - 159 refers.

Resolution  2021/73

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Rachel Smith

That item 5.4 Programme Darwin – Programme Darwin Funding Update is left to lie on the table.

In Favour:       Deputy Mayor Ann Court, David Clendon, Felicity Foy, Rachel Smith and Moko Tepania

Against:           Mayor John Carter, Mate Radich, Kelly Stratford and John Vujcich

carried

RESOLUTION 2021/74

Moved:       Cr Felicity Foy

Seconded:  Cr Moko Tepania

That Council request a timeline of milestones is provided about latent capacity and area of benefit review for each of our wastewater and water treatment plants and reticulations in each township be provided by Feb 2022.

In Favour:       Mayor John Carter, Deputy Mayor Ann Court, David Clendon, Felicity Foy, Rachel Smith, Kelly Stratford and Moko Tepania

Against:           Crs Mate Radich and John Vujcich

carried

RESOLUTION 2021/75

Moved:       Cr John Vujcich

Seconded:  Mayor John Carter

That Council request a working group be established and a terms of reference be developed, in collaboration with CEO and relevant staff, reporting to the Assurance, Risk and Finance Committee for governance oversight of Programme Darwin.

In Favour:       Mayor John Carter, Deputy Mayor Ann Court, David Clendon, Felicity Foy, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Nil

Abstained:       Cr Mate Radich

carried

 

5.4         Memorandum of Understanding for Kerikeri Domain War Memorial Wall

Agenda item  document number A3477559, pages 160 - 166 refers.

Motion  

Moved:       Cr Rachel Smith

Seconded:  Cr John Vujcich

That Council:

a)    approves the Memorandum of Understanding between Kerikeri R.S.A. Trust Fund and Council

b)    delegates the signing of the Memorandum of Understanding to the General Manager Infrastructure and Asset Management, including any non-material changes 

c)    approves the inclusion of additional operational budget of $5,000 per annum from 2022/23 for maintenance.

In Favour:       Crs John Carter, Ann Court, David Clendon, Felicity Foy, Mate Radich, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Nil

carried

 

5.5         The Reintroduction of Development Contributions in the Far North District in Alignment with the 2024-34 Long Term Plan

Agenda item  document number A3514737, pages 167 - 174 refers.

MOTION

Moved:       Cr Ann Court

Seconded:  Cr Rachel Smith

That Council approve a new Development Contributions policy be adopted with the adoption of the 2024-34 Long Term Plan.

At 12:05 pm, Cr Mate Radich left the meeting.

Amendment

Moved:       Cr David Clendon

Seconded:  Cr Kelly Stratford

request a standing item on every full Council agenda providing a staff report on progress against the indicative project schedule, until the policy comes into effect.

In Favour:       Mayor John Carter, David Clendon, Kelly Stratford and Moko Tepania

Against:           Deputy Mayor Ann Court, Felicity Foy, Rachel Smith and John Vujcich

equal

His Worship the Mayor used his casting in favour.

The amendment became the substantive motion.

RESOLUTION  2021/76

Moved:       Cr David Clendon

Seconded:  Cr Kelly Stratford

That Council:

a)      approve a new Development Contributions policy be adopted with the adoption of the 2024-34 Long Term Plan

b)      request a standing item on every full Council agenda providing a staff report on progress against the indicative project schedule, until the policy comes into effect.

In Favour:       Mayor John Carter, Deputy Mayor Ann Court, David Clendon, Felicity Foy, Rachel Smith, Kelly Stratford, Moko Tepania and John Vujcich

Against:           Nil

Carried

 

The meeting adjourned from 12:09 pm to 12:45 pm.

6            te wāhanga tūmataiti / Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2021/77

Moved:       Mayor John Carter

Seconded:  Deputy Mayor Ann Court

That the public be excluded from the following parts of the proceedings of this meeting.

a)    That Council permit Benji Potvin into the public excluded part of the meeting in relation to item 6.1 Waipapa Sports Development - Transfer of funds from Baysport as the consultant leading that work.

b)    general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

6.1 - Waipapa Sports Development - Transfer of funds from Baysport

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

6.2 - Extension of Solid Waste Contracts

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

6.3 - 8A Matthews Ave NES Soil Testing Costs

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

6.4 - Extension of Community Services Contract (Recreation Services Limited)

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

6.5 - Purchase of land at 7 Hokianga Harbour Drive, Opononi

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

6.6 - Infrastructure Acceleration Fund Proposals

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(c)(ii) - the withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely otherwise to damage the public interest

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s7(2)(j) - the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage

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

In Favour:       Mayor John Carter, Deputy Mayor Ann Court, David Clendon, Felicity Foy, Rachel Smith, Kelly Stratford and John Vujcich

Against:           Nil

Carried

At 12:50 pm, Cr Moko Tepania returned to the meeting. At 12:50 pm, Cr Mate Radich returned to the meeting.

Resolution  2021/85

Moved:       Mayor John Carter

Seconded:  Cr Kelly Stratford

That Council moves out of Closed Council into Open Council.

In Favour:       Mayor John Carter, Deupty Mayor Ann Court, David Clendon, Felicity Foy, Kelly Stratford, Moko Tepania and John Vujcich, Mate Radich

Against:           Nil

Carried

 

8            Karakia Whakamutunga / Closing Prayer

 Cr. Moko Tepania closed with a karakia.

9            Meeting Close

The meeting closed at 3:20 pm.

 

The minutes of this meeting will be confirmed at the Ordinary Council Meeting held on 24 February 2022.

 

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

CHAIRPERSON

 


Ordinary Council Meeting Agenda

24 February 2022

 

6            Reports

6.1         Far North Holdings Limited - Amendment to Company Structure

File Number:           A3567181

Author:                    Janice Smith, Chief Financial Officer

Authoriser:             William J Taylor MBE, General Manager - Corporate Services

 

Take Pūrongo / Purpose of the Report

To seek Council approval, as the sole shareholder of Far North Holdings Ltd (FNHL), to the proposed changes to the structure of the company

WhakarĀpopoto matua / Executive Summary

·        In December 2021, the Board of FNHL approached Council with a proposal to amend the structure of the company

·        The proposal is to create two, wholly owned subsidiaries, in order to enable asset growth, improve business performance and delivery and appropriately manage business risks.

·        The proposed changes will not result in any cost to Council.

·        FNHL have completed a due diligence report, which is attached to this report.

 

tŪtohunga / Recommendation

That Council, as the sole shareholder of Far North Holdings Limited approve the proposal to create two wholly owned subsidiaries: Bay of Islands Marina Ltd and Far North Housing Ltd.

 

1) TĀhuhu kŌrero / Background

reportsIn December 2021, the Board of FNHL developed a proposal to amend the structure of the company.

Given the business growth and diversification over recent years, the Board of FNHL wishes to establish two wholly owned subsidiaries in order to enable asset growth, improve business performance and delivery and appropriately manage business risks.

It is appropriate to make these changes now due to:

        increasing risk with legislative and regulatory changes, coupled with the continuing diversification of the asset portfolio and business operations.

        the current commercial and social opportunity to respond to housing needs in our communities in the immediate term.

        the planned relocation of the FHNL office to the Ngawha Innovation Park once operational, and the need to manage any associated changes to the marina operations in Opua where the head office is currently based; and

        the existing development pipeline - while assets have grown from $40 million to $136 million over the last nine years, the current pipeline of development and strategic initiatives expect asset growth to be close to $200 million by 2024 based on current valuation evidence – this level of growth requires focus, execution, and careful risk mitigation to deliver.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

These two subsidiaries are intended to own and manage the Bay of Islands Marina, and to own, develop and manage community and social housing across Northland, which we see as a key strategic growth area for the company to achieve financial and social impacts. The entities are proposed to be called Bay of Islands Marina Limited, and Far North Housing Limited respectively.

Both entities would be 100 percent owned by FNHL, with the FHNL Board remaining fully accountable to FNDC for group performance. The Statement of Intent would continue to govern the overall performance of the FNHL Group (FNHL and all subsidiaries), as it does currently, however it is reasonable to expect some revisions to reflect the increasingly diverse asset portfolio managed by FNHL, the broader group strategy to encompass community housing, and the social, community and environmental impacts achieved through this structural change and improved focus in key areas.

A full due diligence report is attached which outlines the key benefits of the proposed change, identifies the perceived risks, and identifies their potential impact and confirms that the organisations’ ability to borrow and secure appropriate funding will not be compromised.

The report confirms that no additional funding will be sought from the Shareholder to give effect to the proposed change and that there will not be a negative impact on proposed dividends resulting from the proposal.

Take Tūtohunga / Reason for the recommendation

To formally approve the proposed changes to the company structure for FNHL, noting that a due diligence report has been prepared and received.

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.       FNHL Subsidiary due diligence report - A3571799  


 

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

Low

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

No specific legislation applies to 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.

 

This is a District Wide issue

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 is a District Wide issue

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 specific financial implications arising from this report

Chief Financial Officer review.

The Chief Financial Officer has prepared this report


Ordinary Council Meeting Agenda

24 February 2022

 

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Ordinary Council Meeting Agenda

24 February 2022

 

6.2         Far North Holdings Limited Board Appointments

File Number:           A3567179

Author:                    Janice Smith, Chief Financial Officer

Authoriser:             William J Taylor MBE, General Manager - Corporate Services

 

Take Pūrongo / Purpose of the Report

This report seeks to gain approval to extend the appointment of Kevin Baxter to 31 March 2022 and to form an appointments Committee to appoint his replacement.

WhakarĀpopoto matua / Executive Summary

·      Kevin Baxter is a long serving member of the Far North Holdings Limited (FNHL) Board, and he reached the maximum tenure of 9 years on 31 January 2022.

·      Due to the Christmas break, it has not been possible to establish a committee to attend to the appointment of a new director.

·      To ensure that the Board remained functional, the Mayor and Deputy Mayor approved an extension of his appointment to 31 March 2022, on behalf of Council. This report seeks to ratify that extension.

·      An Appointments Committee is now required to be established as per the Appointment and Remuneration of Directors of Council Organisations Policy (#2117).

 

tŪtohunga / Recommendation

That Council:

a)      endorse the extension of tenure for Kevin Baxter to 31 March 2022 to enable the Board of Far North Holdings Limited to continue while an appointment process is carried out to identify a replacement.

b)      establish an “Appointment to Council Organisation Committee” in line with the Appointment and Remuneration of Directors of Council Organisations Policy (#2117).

c)      make the following appointments to the Committee;

i)       External Commercial Advisor …………………………………………

ii)      Council representative #1 ………………………………………………

iii)     Council representative #2 ………………………………………………

 

 

1) TĀhuhu kŌrero / Background

In late December Council was approached by Far North Holdings Limited (FNHL) in relation to the recruitment of a replacement director for Kevin Baxter, whose tenure was due to end 31 January 2022.

The Appointment and Remuneration of Directors of Council Organisations Policy (#2117) was approved by the Strategy and Policy Committee and Council in September 2021. The policy states the following in relation to the appointment of directors:

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It is now necessary to establish a Committee to appoint a new director to the FNHL Board.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

In December, Council was approached by FNHL seeking comment on the appointment of a replacement director as Kevin Baxter was due to end his position on 31 January 2022. As it was not possible to establish the Committee required to consider this process, it was deemed prudent to seek a short-term extension to his tenure to enable the Board to continue to function.

The FNHL constitution was reviewed, and it was determined that the Mayor and Deputy Mayor were able to approve that extension on behalf of the shareholder. This report now seeks endorsement of that action by Council.

In order to be able to move quickly in early 2022, an advert was placed on Seek, 21 December 2021 with a closing date of 24 January 2022.

It is now necessary to “stand up” the Appointment Committee to review the applications and make a recommendation to Council on a suitable replacement.

The policy states:

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The Committee will consist of four members.

·      The current Chair of the FNHL Board - Bill Birnie.

·      An external commercial advisor. As the monitoring of FNHL is delegated to the Assurance, Risk and Finance (ARF) Committee, it would seem appropriate that this be the independent member of that Committee, Bruce Robertson. Consideration of this appointment is now sought.

·      Two elected members to be nominated by Council. As above, given the relationship with the ARF Committee, this could be the Chair of that Committee plus another elected member. Guidance on these appointments is now sought.

Take Tūtohunga / Reason for the recommendation

To endorse the action taken in relation to the extension of tenure and to establish the Committee to make the appointment of a new director to the FNHL Board.

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

Any costs arising from the appointment process will be met from existing budgets.

Āpitihanga / Attachments

1.       Appointment and Remuneration of Directors for Council Organisations Policy Proposal Sept 2021 - FINAL - A3568535

2.       FNHL BOARD MEMBERS advert - A3568551  

 

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

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 Appointment and Remuneration of Directors of Council Organisations (Policy #2117)

State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.

 

This is a District Wide issue and not relevant to one particular 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.

 

The board of a CCO should be made up of a diverse range of people who are able to bring relevant expertise to the organisation. For the board to be fully effective, it should comprise directors with a range of complementary skills and experience to ensure that ideas are challenged and tested, and that decision-making it robust.

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).

As above

State the financial implications and where budgetary provisions have been made to support this decision.

No specific implications

Chief Financial Officer review.

The Chief Financial Officer prepared this report

 

 


Ordinary Council Meeting Agenda

24 February 2022

 

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Ordinary Council Meeting Agenda

24 February 2022

 

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Ordinary Council Meeting Agenda

24 February 2022

 

6.3         Committee Recommendations and Resolutions - February 2022

File Number:           A3584759

Author:                    Marlema Baker, Meetings Administrator

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

TAKE PŪRONGO / Purpose of the Report

·      To increase governance oversight of Committee business/discussions.

·      Communicate resolutions of Committee meetings.

·      Escalate Committee recommendations to Council.

WHAKARĀPOPOTO MATUA / Executive SummarY

·      The following Committee meetings have been held since Council’s 14 December extraordinary and 16 December meetings:

2 February 2022 – Assurance Risk and Finance Committee

8 February 2022 – Strategy and Policy Committee

9 February 2022 – Infrastructure Committee

·      Copies of the Committee meeting minutes are attached for information.

·      Since the Strategy and Policy meeting there are some minor changes that have been made to bylaws that are worth noting in the table below.

·      Links to the agendas containing the reports that formed the basis of recommendations are included in this report.

 

 TŪTOHUNGA / Recommendation

That Council:

a)      agree, the Access and Equity for People with Disabilities Policy should continue with amendment; and,

b)      agree, a strategy is the most appropriate way to address access to Council services, facilities, and assets in the Far North.

c)      note, under section 102 of the Gambling Act 2003 and section 97 of the Racing Industry Act 2020, the Class 4 Gaming and TAB Venue Policy has been reviewed regarding the social impacts of gambling in the Far North District

d)      approve, under section 102 of the Gambling Act 2003, that the Class 4 venues policy component of the Class 4 Gaming and TAB Venue Policy continue with amendment to improve certainty

e)      approve, under section 102 of the Gambling Act 2003, that the relocation policy component of the Class 4 Gaming and TAB Venue Policy continue with amendment to further align with the intent of the Class 4 gaming sinking lid policy

f)       approve, under section 97 of the Racing Industry Act 2020, that the TAB venues policy component of the Class 4 Gaming and TAB Venue Policy be replaced by a sinking lid policy.

g)      approve, pursuant to section 5A of the Shop Trading Hours Act 1990, a new Easter Sunday Trading Policy be developed allowing shops to open on Easter Sunday across the whole of the Far North District.

h)      agree to the recommendations in the staff report on submissions and recommendation for consideration in attachment 1 that:

i)       No changes are made to clauses 1, 2, 3, 4, 5, 9, and 10.

ii)      Clause 6 is changed by:

1)   Adding a new definition:

“Occupier means any person, other than the owner, who has a right to occupy the property, by virtue of a tenancy granted by lease, licence or other authority”.

2)   Changing the definition of on-site wastewater disposal system to include “grease trap”

iii)     Under Part 2 Maintenance Requirements:

1)   Adding a new ‘related information box’:

“If the council is satisfied an on-site wastewater disposal system is injurious to health or not sanitary, the council can use its powers pursuant to sections 29, 30 and 34 of the Health Act 1956 by including issuing a notice of offence or to enter a premise and abate the nuisance without notice to the occupier or owner”.

2)   Adding the words “or occupier” after the word “owner” in the ‘related information box’.

iv)     Clause 7 is changed by:

1)   Adding the words “or occupier” after the word “owner” in the title, subclause (1) and subclause (2).

2)   Adding the words “or the suitably qualified person verifies the system is functioning correctly” at the end of subclause (2).

v)      Clause 8 (5) is change by adding the words “or occupier” after the word “owner”.

i)       agree the On-site Wastewater Disposal System Bylaw in attachment 2:

i)       is the most appropriate form of bylaw; and

ii)      the bylaw provisions are considered reasonable limits on the rights in the New Zealand Bill of Rights Act 1990.

j)        under section 146 of the Local Government Act 2002, make the On-site Wastewater Disposal Systems Bylaw in attachment 2.

k)       agree, under section 155(1) of the Local Government Act 2002, that a bylaw is the most appropriate way of addressing problems related to vehicles on beaches in the Far North District;

l)        agree that the current Vehicles on Beaches Bylaw 2015 is not the most appropriate form, because it does not address problems with vehicles on beaches effectively;

m)     agree that the most appropriate form of bylaw will be to include relevant provisions in:

§ the proposed Road Use Bylaw

§ a potential Reserves Bylaw

§ the Speed Limits Bylaw;

n)      approve the inclusion of provisions regulating vehicles on beaches in the proposed draft Road Use Bylaw, to be made under section 22AB of the Land Transport Act 1998;

o)      approve the Vehicles on Beaches Proposal in Attachment 2, including the provisions regulating vehicles on beaches in the proposed draft Road Use Bylaw, to be released for public consultation to meet the requirements of section 22AD of the Land Transport Act 1998 and section 156 of the Local Government Act 2002;

p)      agree the period for making written submissions on the proposal will begin 25 February 2022 and end 24 March 2022;

q)      agree the Strategy and Policy Committee will hear any people wanting to present oral submissions on Tuesday 22 March 2022 and agrees to delegate, to the Chair, the power to change the date of the oral submissions

r)       authorise the Chief Executive Officer to make minor changes to the Vehicles on Beaches Proposal to correct grammatical or spelling errors, or formatting.

 

tĀHUHU KŌRERO / Background

This report is a new addition to the Council agenda in an effort to provide greater governance oversight of discussions that occur at Committee meetings and to avoid duplication of reading for Councillors for decisions that are recommended to them from each Committee meeting.

Copies of Committee meeting minutes that have occurred since the last Council meeting are attached for information.

From time to time, Committee’s discuss items that are outside their delegations. This report, when necessary, will highlight recommendations from each Committee to Council for decision.

Information about Council, Committee or Community Board meetings is publicly available at https://infocouncil.fndc.govt.nz/

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Since the last Council meeting the following Committee meetings have occurred:

1 February 2022 – Regulatory Compliance Committee meeting

The Regulatory Compliance meeting was cancelled due to lack of quorum

2 February 2022 – Assurance, Risk and Finance Committee meeting

Agenda of Assurance, Risk and Finance Committee Meeting - Wednesday, 2 February 2022 (fndc.govt.nz)

The Assurance, Risk and Finance Committee made no recommendations to Council.

8 February 2022 – Strategy and Policy Committee meeting

Agenda of Strategy and Policy Committee Meeting - Tuesday, 8 February 2022 (fndc.govt.nz)

At the meeting, a number of typos were identified in various documents. These changes have been corrected noting the recommendation is to also provide the Chief Executive with authority to make editorial changes. In relation to the Onsite Wastewater Disposal (recommendation I below), staff have also amended the date that the bylaw will come into effect. The report to the Strategy and Policy Committee stated the bylaw would take effect 4 days after, however it will come into force on the 27th of May.

The Strategy and Policy Committee made the following recommendations to Council. The recommendations are listed below as well as in the recommendation above:

That the Strategy and Policy Committee recommend the Council:

a)      agree, the Access and Equity for People with Disabilities Policy should continue with amendment; and,

b)      agree, a strategy is the most appropriate way to address access to Council services, facilities, and assets in the Far North.

c)      note, under section 102 of the Gambling Act 2003 and section 97 of the Racing Industry Act 2020, the Class 4 Gaming and TAB Venue Policy has been reviewed regarding the social impacts of gambling in the Far North District

d)      approve, under section 102 of the Gambling Act 2003, that the Class 4 venues policy component of the Class 4 Gaming and TAB Venue Policy continue with amendment to improve certainty

e)      approve, under section 102 of the Gambling Act 2003, that the relocation policy component of the Class 4 Gaming and TAB Venue Policy continue with amendment to further align with the intent of the Class 4 gaming sinking lid policy

f)       approve, under section 97 of the Racing Industry Act 2020, that the TAB venues policy component of the Class 4 Gaming and TAB Venue Policy be replaced by a sinking lid policy.

g)      approve, pursuant to section 5A of the Shop Trading Hours Act 1990, a new Easter Sunday Trading Policy be developed allowing shops to open on Easter Sunday across the whole of the Far North District.

h)      agree to the recommendations in the staff report on submissions and recommendation for consideration in attachment 1 that:

i)        No changes are made to clauses 1, 2, 3, 4, 5, 9, and 10.

ii)       Clause 6 is changed by:

1)      Adding a new definition:

“Occupier means any person, other than the owner, who has a right to occupy the property, by virtue of a tenancy granted by lease, licence or other authority”.

2)      Changing the definition of on-site wastewater disposal system to include “grease trap”

iii)      Under Part 2 Maintenance Requirements:

1)      Adding a new ‘related information box’:

“If the council is satisfied an on-site wastewater disposal system is injurious to health or not sanitary, the council can use its powers pursuant to sections 29, 30 and 34 of the Health Act 1956 by including issuing a notice of offence or to enter a premise and abate the nuisance without notice to the occupier or owner”.

2)      Adding the words “or occupier” after the word “owner” in the ‘related information box’.

iv)      Clause 7 is changed by:

1)      Adding the words “or occupier” after the word “owner” in the title, subclause (1) and subclause (2).

2)      Adding the words “or the suitably qualified person verifies the system is functioning correctly” at the end of subclause (2).

v)      Clause 8 (5) is change by adding the words “or occupier” after the word “owner”.

i)        agree the On-site Wastewater Disposal System Bylaw in attachment 2:

i)        is the most appropriate form of bylaw; and

ii)       the bylaw provisions are considered reasonable limits on the rights in the New Zealand Bill of Rights Act 1990.

j)        under section 146 of the Local Government Act 2002, make the On-site Wastewater Disposal Systems Bylaw in attachment 2.

k)      agree, under section 155(1) of the Local Government Act 2002, that a bylaw is the most appropriate way of addressing problems related to vehicles on beaches in the Far North District;

l)        agree that the current Vehicles on Beaches Bylaw 2015 is not the most appropriate form, because it does not address problems with vehicles on beaches effectively;

m)     agree that the most appropriate form of bylaw will be to include relevant provisions in:

§ the proposed Road Use Bylaw

§ a potential Reserves Bylaw

§ the Speed Limits Bylaw;

n)      approve the inclusion of provisions regulating vehicles on beaches in the proposed draft Road Use Bylaw, to be made under section 22AB of the Land Transport Act 1998;

o)      approve the Vehicles on Beaches Proposal in Attachment 2, including the provisions regulating vehicles on beaches in the proposed draft Road Use Bylaw, to be released for public consultation to meet the requirements of section 22AD of the Land Transport Act 1998 and section 156 of the Local Government Act 2002;

p)      agree the period for making written submissions on the proposal will begin 25 February 2022 and end 24 March 2022;

q)      agree the Strategy and Policy Committee will hear any people wanting to present oral submissions on Tuesday 22 March 2022 and agrees to delegate, to the Chair, the power to change the date of the oral submissions

authorise the Chief Executive Officer to make minor changes to the Vehicles on Beaches Proposal to correct grammatical or spelling errors, or formatting.

9 February 2022 – Infrastructure Committee meeting

Agenda of Infrastructure Committee Meeting - Wednesday, 9 February 2022 (fndc.govt.nz)

The Infrastructure Committee made no recommendations to Council.

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

This report does not intend to repeat the financial implications, options or decision-making requirements for the recommendations listed. Please review the agendas via the provided links for further information.

Āpitihanga / Attachments

1.       2022-02-02 Assurance, Risk and Finance Minutes - A3572441

2.       2022-02-08 Strategy and Policy Committee Minutes - A3579324

3.       2022-02-09 Infrastructure Committee Minutes - A3581404  

 


Ordinary Council Meeting Agenda

24 February 2022

 

MINUTES OF Far North District Council
Assurance, Risk and Finance Committee Meeting
HELD AT THE
Virtually via Microsoft Teams
ON
Wednesday, 2 February 2022 AT 9.30 am

PRESENT:              Chairperson John Vujcich, Member Bruce Robertson, Deputy Mayor Ann Court, Cr Mate Radich, Cr Rachel Smith, Cr Kelly Stratford, Cr Moko Tepania, Member Mike Edmonds, Member Adele Gardner

IN ATTENDANCE: Shaun Clarke (Chief Executive Officer), William J Taylor, MBE (General Manager Corporate Services), Dean Myburgh (General Manager District Services), Andy Finch (General Manager Infrastructure and Asset Management), Darren Edwards (General Manager Strategic Planning and Policy)

1            Karakia TimatAnga – Opening Prayer

Chair Vujcich commenced the meeting and opened with a karakia.

2            Ngā Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest

Apologies were received from His Worship the Mayor and from Member Adele Gardner for early departure at 12pm. Apologies for late arrival also received from Cr Rachel Smith.

3            Ngā Tono Kōrero / Deputation

 There were no deputation requests for this meeting.

4            Confirmation of Previous Minutes

4.1         Confirmation of Previous Minutes

Agenda item 4.1 document number A3525653, pages 12 - 19 refers.

Resolution  2022/1

Moved:       Cr Kelly Stratford

Seconded:  Member Adele Gardner

That the Assurance, Risk and Finance Committee confirms the minutes of the Assurance, Risk and Finance Committee meeting held 1 December 2021 as a true and correct record.

In Favour:       Deputy Mayor Ann Court, Crs John Vujcich, Bruce Robertson, Mate Radich, Kelly Stratford, Moko Tepania, Members Mike Edmonds and Adele Gardner

Against:           Nil

Carried

5            Reports

5.1         Recommendation to remove ARF009 Customer Service Delivery risk from the organisational risk dashboard

Agenda item 5.1 document number A3545470, pages 20 - 26 refers.

Resolution  2022/2

Moved:       Member Bruce Robertson

Seconded:  Chairperson John Vujcich

That the Assurance, Risk and Finance Committee approves the removal of ARF009 Customer Service Delivery risk from the organisational risk dashboard.

In Favour:       Deputy Mayor Ann Court, Crs John Vujcich, Bruce Robertson, Mate Radich, Kelly Stratford, Moko Tepania, Members Mike Edmonds and Adele Gardner

Against:           Nil

Carried

6            Information Reports

Attendance: 10:05 am Cr Rachel Smith joined the meeting.

6.1         Council Financial Report for the Period Ending 30 November 2021

Agenda item 6.1 document number A3542579, pages 27 - 48 refers.

Resolution  2022/3

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Kelly Stratford

That the Assurance, Risk and Finance Committee receive the report Council Financial Report for the Period Ending 30 November 2021.

In Favour:       Deputy Mayor Ann Court, Crs John Vujcich, Bruce Robertson, Mate Radich, Rachel Smith, Kelly Stratford, Moko Tepania, Members Mike Edmonds and Adele Gardner

Against:           Nil

Carried

 

 

6.2         February 2022 Risk Management Report

Agenda item 6.2 document number A3547055, pages 49 - 75 refers.

Resolution  2022/4

Moved:       Cr Kelly Stratford

Seconded:  Member Bruce Robertson

That the Assurance, Risk and Finance Committee receive the report February 2022 Risk Management Report.

In Favour:       Deputy Mayor Ann Court, Crs John Vujcich, Bruce Robertson, Mate Radich, Rachel Smith, Kelly Stratford, Moko Tepania, Members Mike Edmonds and Adele Gardner

Against:           Nil

Carried

 

6.3         Revenue Recovery report - 31 December 2021

Agenda item 6.3 document number A3550161, pages 76 - 80 refers.

Resolution  2022/5

Moved:       Cr Kelly Stratford

Seconded:  Cr Rachel Smith

That the Assurance, Risk and Finance Committee receive the report Revenue Recovery report - 31 December 2021.

In Favour:       Deputy Mayor Ann Court, Crs John Vujcich, Bruce Robertson, Mate Radich, Rachel Smith, Kelly Stratford, Moko Tepania, Members Mike Edmonds and Adele Gardner

Against:           Nil

Carried

 

6.4         Assurance, Risk and Finance Committee Action Sheet Update February 2022

Agenda item 6.4 document number A3559202, pages 81 - 82 refers.

Resolution  2022/6

Moved:       Chairperson John Vujcich

Seconded:  Cr Rachel Smith

That the Assurance, Risk and Finance Committee receive the report Action Sheet Update February 2022.

NOTE: Program Darwin Working Group action update to be included in the ARF Action Sheet (Requested by Cr Smith).

In Favour:       Deputy Mayor Ann Court, Crs John Vujcich, Bruce Robertson, Mate Radich, Rachel Smith, Moko Tepania, Members Mike Edmonds and Adele Gardner

Against:           Nil

Carried

7            Te  Wāhanga Tūmatati / Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2022/7

Moved:       Cr Rachel Smith

Seconded:  Member Adele Gardner

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

7.1 - Confirmation of Previous Minutes

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

7.2 - Technology Update Report

s7(2)(j) - the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage

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

7.3 - February 2022 Audit and Assurance Report

s7(2)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority

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

In Favour:       Deputy Mayor Ann Court, Crs John Vujcich, Bruce Robertson, Mate Radich, Rachel Smith, Moko Tepania, Members Mike Edmonds and Adele Gardner

Against:           Nil

Carried

The meeting adjourned at 10:54 am – reconvened at 11:00 am.

 

7.4         Confirmation of Decisions to be Released in Public

Resolution  2022/4

Moved:       Cr Kelly Stratford

Seconded:  Member Adele Gardner

That the Assurance, Risk and Finance Committee confirms the information and decisions contained in the part of the meeting held with public excluded remain in public excluded.

·    7.2  Technology Update Report

·    7.3  February 2022 Audit And Assurance Report

 

In Favour:       Deputy Mayor Ann Court, Crs John Vujcich, Bruce Robertson, Mate Radich, Rachel Smith, Kelly Stratford, Moko Tepania, Members Mike Edmonds and Adele Gardner

Against:           Nil

Carried

8            Karakia Whakamutunga – Closing Prayer

Cr Moko Tepania closed the meeting with a karakia.

9            tE kAPINGA hUI / Meeting Close

The meeting closed at 11:44 am.

The minutes of this meeting will be confirmed at the Assurance, Risk and Finance Committee Meeting held on 16 March 2022.

 

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

CHAIRPERSON


Ordinary Council Meeting Agenda

24 February 2022

 

   MINUTES OF Far North District Council
Strategy and Policy Committee Meeting
HELD AT THE
Virtually via Microsoft Teams
ON
Tuesday, 8 February 2022 AT 9.30 am

 

PRESENT:              Chair Rachel Smith, Cr David Clendon, Deputy Mayor Ann Court, Cr Dave Collard, Cr Felicity Foy, Cr Kelly Stratford, Cr John Vujcich, Member Belinda Ward.

APOLOGIES:         Mayor John Carter (HWTM) and Cr Moko Tepania

IN ATTENDANCE: Shaun Clarke (Chief Executive Officer), William J Taylor, MBE (General Manager Corporate Services), Dean Myburgh (General Manager District Services), Andy Finch (General Manager Infrastructure and Asset Management), Darren Edwards (General Manager Strategic Planning and Policy)

1            Karakia TimatAnga – Opening Prayer

Chairperson Smith commenced the meeting with a karakia.

2            Ngā Tono Kōrero / Deputation

Tom Frost – Programme Manager - Nothing but Net introduced Spark representatives Riki Hollings, Fiona Matthews, and Tonie De Vries

Representatives spoke to the following aspects of Spark’s business:

·    Spark’s Māori Business Strategy

·    5g & Enabling Far North’s Digital Future plan to increase capacity and reliability

·    Community Engagement

Presentation provided at meeting

1     2022-02-08 Strategy and Policy - Spark Presentation - A3580333

 

3            Ngā Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest

Resolution  2022/1

Moved:       Chair Rachel Smith

Seconded:  Cr Dave Collard

That apologies for absence be received from His Worship the Mayor and Councillor Tepania.

In Favour:       Crs Rachel Smith, David Clendon, Ann Court, Dave Collard, Felicity Foy, Kelly Stratford, John Vujcich and Member Belinda Ward

Against:           Nil

Carried

note: Cr Tepania joined the meeting from 10:08 am until 10:52 am.

4            Confirmation of Previous Minutes

Attendance: Cr Tepania joined the meeting at 10.08 am.

4.1         Confirmation of Previous Minutes

Agenda item 4.1 document number A3562870, pages 16 - 17 refers.

Resolution  2022/2

Moved:       Cr John Vujcich

Seconded:  Cr Kelly Stratford

That the Strategy and Policy Committee agrees that the minutes of the meeting held 24 November 2021 be confirmed as a true and correct record.

In Favour:       Crs Rachel Smith, David Clendon, Ann Court, Dave Collard, Felicity Foy, Kelly Stratford, Moko Tepania, John Vujcich and Member Belinda Ward

Against:           Nil

Carried

5            Reports

5.1         Review of the Equity and Access for People with Disabilities Policy

Agenda item 5.1 document number A3479274, pages 21 - 29 refers.

Resolution  2022/3

Moved:       Cr Kelly Stratford

Seconded:  Cr Dave Collard

That the Strategy and Policy Committee recommends that the Council:

a)      agree, the Access and Equity for People with Disabilities Policy should continue with amendment; and,

b)       agree, a strategy is the most appropriate way to address access to Council services, facilities, and assets in the Far North.

In Favour:       Crs Rachel Smith, David Clendon, Ann Court, Dave Collard, Felicity Foy, Kelly Stratford, Moko Tepania, John Vujcich and Member Belinda Ward

Against:           Nil

Carried

 

5.2         Parks and Reserves Policy Development

Agenda item 5.2 document number A3518519, pages 41 - 48 refers.

MOTION

Moved:       Chair Rachel Smith

Seconded:  Cr Felicity Foy

That the Strategy and Policy Committee recommend that Council adopt the Parks and Reserves Policy.

Amendment

Moved:       Cr David Clendon

Seconded:  Cr Kelly Stratford

Subject to an amendment to include “that Council commits to significantly reducing the use of herbicides in parks and reserves, in line with international and local best practice”.

Cr Tepania left the meeting at 10.52 am and the meeting adjourned for a brief break at 10.52 to  reconvene at 10.56 am

With the agreement of the mover and seconder, the above amendment was withdrawn.

aMENDMENT

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Kelly Stratford

That the report Parks and Reserves Policy Development be left to lie on the table to enable staff to consider a reduction to the use of herbicides be captured in the policy.

In Favour:       Deputy Mayor Ann Court, Crs Rachel Smith, David Clendon, Dave Collard, Felicity Foy, Kelly Stratford, John Vujcich and Member Belinda Ward

Against:           Nil

Carried

Resolution  2022/4

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Kelly Stratford

That the report Parks and Reserves Policy Development be left to lie on the table to enable staff to consider a reduction to the use of herbicides be captured in the policy.

In Favour:       Deputy Mayor Ann Court, Crs Rachel Smith, David Clendon, Dave Collard, Felicity Foy, Kelly Stratford, John Vujcich and Member Belinda Ward

Against:           Nil

Carried

 

5.3         Review of Class 4 Gaming and TAB Venues Policy

Agenda item 5.3 document number A3534272, pages 61 - 92 refers.

Resolution  2022/5

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Kelly Stratford

That the Strategy and Policy Committee recommends that the Council:

a)      note, under section 102 of the Gambling Act 2003 and section 97 of the Racing Industry Act 2020, the Class 4 Gaming and TAB Venue Policy has been reviewed regarding the social impacts of gambling in the Far North District

b)      approve, under section 102 of the Gambling Act 2003, that the Class 4 venues policy component of the Class 4 Gaming and TAB Venue Policy continue with amendment to improve certainty

c)      approve, under section 102 of the Gambling Act 2003, that the relocation policy component of the Class 4 Gaming and TAB Venue Policy continue with amendment to further align with the intent of the Class 4 gaming sinking lid policy

d)      approve, under section 97 of the Racing Industry Act 2020, that the TAB venues policy component of the Class 4 Gaming and TAB Venue Policy be replaced by a sinking lid policy.

In Favour:       Deputy Mayor Ann Court, Crs Rachel Smith, David Clendon, Felicity Foy, Kelly Stratford, John Vujcich and Member Belinda Ward

Against:           Cr Dave Collard

Carried

 

5.4         Easter Sunday Trading Policy

Agenda item 5.4 document number A3534512, pages 93 - 98 refers.

Resolution  2022/6

Moved:       Chair Rachel Smith

Seconded:  Deputy Mayor Ann Court

That the Strategy and Policy Committee recommends that Council approve, pursuant to section 5A of the Shop Trading Hours Act 1990, a new Easter Sunday Trading Policy be developed allowing shops to open on Easter Sunday across the whole of the Far North District.

In Favour:       Deputy Mayor Ann Court, Crs Rachel Smith, David Clendon, Dave Collard, Felicity Foy, Kelly Stratford, John Vujcich and Member Belinda Ward

Against:           Nil

Carried

 

5.5         On-site Wastewater Disposal Systems Bylaw - Recommendations for making new bylaw

Agenda item 5.5 document number A3541770, pages 99 - 122 refers.

Resolution  2022/7

Moved:       Deputy Mayor Ann Court

Seconded:  Cr John Vujcich

That the Strategy and Policy Committee recommend that Council:

a)      Agree to the recommendations in the staff report on submissions and recommendation for consideration in attachment 1 that:

i)       No changes are made to clauses 1, 2, 3, 4, 5, 9, and 10.

ii)      Clause 6 is changed by:

1)   Adding a new definition:

“Occupier means any person, other than the owner, who has a right to occupy the property, by virtue of a tenancy granted by lease, licence or other authority”.

2)   Changing the definition of on-site wastewater disposal system to include “grease trap”

iii)     Under Part 2 Maintenance Requirements:

1)   Adding a new ‘related information box’:

“If the council is satisfied an on-site wastewater disposal system is injurious to health or not sanitary, the council can use its powers pursuant to sections 29, 30 and 34 of the Health Act 1956 by including issuing a notice of offence or to enter a premise and abate the nuisance without notice to the occupier or owner”.

2)   Adding the words “or occupier” after the word “owner” in the ‘related information box’.

iv)     Clause 7 is changed by:

1)   Adding the words “or occupier” after the word “owner” in the title, subclause (1) and subclause (2).

2)   Adding the words “or the suitably qualified person verifies the system is functioning correctly” at the end of subclause (2).

v)      Clause 8 (5) is change by adding the words “or occupier” after the word “owner”.

b)      Agree the On-site Wastewater Disposal System Bylaw in attachment 2:

i)       is the most appropriate form of bylaw; and

ii)      the bylaw provisions are considered reasonable limits on the rights in the New Zealand Bill of Rights Act 1990.

c)      Under section 146 of the Local Government Act 2002, make the On-site Wastewater Disposal Systems Bylaw in attachment 2.

In Favour:       Deputy Mayor Ann Court, Crs Rachel Smith, David Clendon, Dave Collard, Felicity Foy, Kelly Stratford, John Vujcich and Member Belinda Ward

Against:           Nil

Carried

 

5.6         Review of Vehicles on Beaches Bylaw

Agenda item 5.6 document number A3542878, pages 123 - 151 refers.

Resolution  2022/8

Moved:       Chair Rachel Smith

Seconded:  Deputy Mayor Ann Court

That the Strategy and Policy Committee recommends that the Council:

a)      agree, under section 155(1) of the Local Government Act 2002, that a bylaw is the most appropriate way of addressing problems related to vehicles on beaches in the Far North District;

b)      agree that the current Vehicles on Beaches Bylaw 2015 is not the most appropriate form, because it does not address problems with vehicles on beaches effectively;

c)      agree that the most appropriate form of bylaw will be to include relevant provisions in:

          the proposed Road Use Bylaw

          a potential Reserves Bylaw

          the Speed Limits Bylaw;

d)      approve the inclusion of provisions regulating vehicles on beaches in the proposed draft Road Use Bylaw, to be made under section 22AB of the Land Transport Act 1998;

e)      approve the Vehicles on Beaches Proposal in Attachment 2, including the provisions regulating vehicles on beaches in the proposed draft Road Use Bylaw, to be released for public consultation to meet the requirements of section 22AD of the Land Transport Act 1998 and section 156 of the Local Government Act 2002;

f)       agree the period for making written submissions on the proposal will begin 25 February 2022 and end 24 March 2022;

g)      agree the Strategy and Policy Committee will hear any people wanting to present oral submissions on Tuesday 22 March 2022 and agrees to delegate, to the Chair, the power to change the date of the oral submissions

h)      authorise the Chief Executive Officer to make minor changes to the Vehicles on Beaches Proposal to correct grammatical or spelling errors, or formatting.

In Favour:       Deputy Mayor Ann Court, Crs Rachel Smith, David Clendon, Dave Collard, Felicity Foy, Kelly Stratford, John Vujcich and Member Belinda Ward

Against:           Nil

Carried

6            Information Reports

6.1         Strategic Planning & Policy Business Quarterly October - December 2021

Agenda item 6.1 document number A3552062, pages 152 – 178 refers.

Resolution  2022/9

Moved:       Chair Rachel Smith

Seconded:  Cr Kelly Stratford

That the Strategy and Policy Committee receive the report Strategic Planning & Policy Business Quarterly October - December 2021.

In Favour:       Deputy Mayor Ann Court, Crs Rachel Smith, David Clendon, Dave Collard, Felicity Foy, Kelly Stratford, John Vujcich and Member Belinda Ward

Against:           Nil

Carried

 

6.2         Strategy and Policy Action Sheet Update January 2022

Agenda item 6.2 document number A3562863, pages 179 - 190 refers.

Resolution  2022/10

Moved:       Chair Rachel Smith

Seconded:  Cr Kelly Stratford

That the Strategy and Policy Committee receive the report Action Sheet Update January 2022.

In Favour:       Deputy Mayor Ann Court, Crs Rachel Smith, David Clendon, Dave Collard, Felicity Foy, Kelly Stratford, John Vujcich and Member Belinda Ward

Against:           Nil

Carried

7            Karakia Whakamutunga – Closing Prayer

Chairperson Cr Smith closed the meeting with a karakia.

8            tE kAPINGA hUI / Meeting Close

The meeting closed at 12.22 pm

The minutes of this meeting were confirmed at the Strategy and Policy Committee Meeting held on 22 March 2022.

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

CHAIRPERSON


Ordinary Council Meeting Agenda

24 February 2022

 

   MINUTES OF Far North District Council
Infrastructure Committee Meeting
HELD AT THE
Virtually via Microsoft Teams
ON
Wednesday, 9 February 2022 AT 9.30 am

PRESENT:              Chairperson Felicity Foy, Mayor John Carter (HWTM), Deputy Mayor Ann Court, Cr Dave Collard, Cr Rachel Smith, Cr Kelly Stratford, Cr John Vujcich, Member Mike Edmonds, Member Adele Gardner

IN ATTENDANCE: Shaun Clarke (Chief Executive Officer), William J Taylor, MBE (General Manager Corporate Services), Dean Myburgh (General Manager District Services), Andy Finch (General Manager Infrastructure and Asset Management), Darren Edwards (General Manager Strategic Planning and Policy)

1            Karakia TimatAnga – Opening Prayer

Chair Felicity Foy commenced the meeting and opened with a karakia.

2            Ngā Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest

Apology

Resolution  2022/1

Moved:       Chairperson Felicity Foy

Seconded:  Cr Rachel Smith

That the apologies received from His Worship the Mayor John Carter, Deputy Mayor Ann Court, and Member Mike Edmonds be accepted and leave of absence granted; and that the Infrastructure Committee note the late arrival of Cr Collard at 9:35 am.

In Favour:       Crs Felicity Foy, Rachel Smith, Kelly Stratford, John Vujcich and Member Adele Gardner

Against:           Nil

Carried

 

3            Ngā Tono Kōrero / Deputation

There were no deputations.

4            Confirmation of Previous Minutes

4.1         Confirmation of Previous Minutes

Agenda item 4.1 document number A3565038, pages 14 - 18 refers.

Resolution  2022/2

Moved:       Chairperson Felicity Foy

Seconded:  Member Adele Gardner

That the Infrastructure Committee confirm that the minutes of the meeting held 24 November 2021 be confirmed as a true and correct record.

In Favour:       Crs Felicity Foy, Dave Collard, Rachel Smith, Kelly Stratford, John Vujcich and Member Adele Gardner

Against:           Nil

Carried

5            Reports

5.1         Total Mobility Scheme

Agenda item 5.1 document number A3521778, pages 19 - 28 refers.

Resolution  2022/3

Moved:       Cr Kelly Stratford

Seconded:  Cr Rachel Smith

That the Infrastructure Committee approves the assignment of Total Mobility Scheme local share operational funding of $31,000 to the Northland Regional Council.

In Favour:       Crs Felicity Foy, Dave Collard, Rachel Smith, Kelly Stratford, John Vujcich and Member Adele Gardner

Against:           Nil

Carried

NOTES:

Chair Foy requests that a timeline, cost options and next steps for the rest of the district be included; as well as criteria for how towns are chosen.

6            Information Reports

6.1         Tourism Infrastructure Fund Round 4 - Freedom Camping Study

Agenda item 6.1 document number A3473099, pages 29 - 116 refers.

MOTION

Moved:       Cr John Vujcich

Seconded:  Cr Rachel Smith

That the Infrastructure Committee receive the report “Freedom Camping Study Tif-R4-005f FNDC” and

Amendment

Moved:       Cr Rachel Smith

Seconded:  Cr Dave Collard

a)   that the Chief Executive prepare a delivery plan on the Tourism Infrastructure Fund -  Freedom Camping Study.

In Favour:       Crs Felicity Foy, Dave Collard, Rachel Smith, Kelly Stratford, John Vujcich and Member Adele Gardner

Against:           Nil

carried

The amendment became the substantive motion.

Resolution  2022/4

Moved:       Cr John Vujcich

Seconded:  Cr Rachel Smith

That the Infrastructure Committee;

a)      receive the report “Freedom Camping Study Tif-R4-005f FNDC” and

b)      that the Chief Executive prepare a delivery plan on the Tourism Infrastructure Fund -  Freedom Camping Study.

In Favour:       Crs Felicity Foy, Dave Collard, Rachel Smith, John Vujcich and Member Adele Gardner

Against:           Cr Kelly Stratford

Carried

 

6.2         Pou Herenga Tai Twin Coast Cycle Trail Charitable Trust Annual Report

Agenda item 6.2 document number A3501797, pages 117 - 158 refers.

Motion

Moved:       Cr John Vujcich

Seconded:  Cr Rachel Smith

That the Infrastructure Committee;

a)   receive the report Pou Herenga Tai Twin Coast Cycle Trail Charitable Trust Annual Report; and

Amendment

Moved:       Chairperson Felicity Foy

Seconded:  Cr Dave Collard

b)   request a report outlining the scope and cost to engage consultant services to advise routes and costs of district-wide cycle trail routes to the 4 May meeting of the infrastructure Committee.

In Favour:       Crs Felicity Foy, Dave Collard, Rachel Smith, Kelly Stratford, John Vujcich and Member Adele Gardner

Against:           Nil

carried

The meeting adjourned from 11:30 am and reconvened at 11:55 am.

The amendment became the substantive motion.

 

Resolution  2022/5

Moved:       Cr John Vujcich

Seconded:  Cr Rachel Smith

That the Infrastructure Committee;

a)   receive the report Pou Herenga Tai Twin Coast Cycle Trail Charitable Trust Annual Report; and

b)   request a report outlining the scope and cost to engage consultant services to advise routes and costs of district-wide cycle trail routes to the 4 May meeting of the infrastructure Committee.

In Favour:       Crs Felicity Foy, Dave Collard, Rachel Smith, Kelly Stratford, John Vujcich and Member Adele Gardner

Against:           Nil

Carried

 

 

6.3         Infrastructure and Asset Management (IAM) Monthly Business Report for December 2021

Agenda item 6.3 document number A3571229, pages 159 - 297 refers.

Resolution  2022/6

Moved:       Chairperson Felicity Foy

Seconded:  Cr Rachel Smith

That the Infrastructure Committee receive the report Infrastructure and Asset Management (IAM) Monthly Business Report for December 2021.

In Favour:       Crs Felicity Foy, Dave Collard, Rachel Smith, Kelly Stratford, John Vujcich and Member Adele Gardner

Against:           Nil

Carried

Chair Foy appointed Cr Smith as interim chair in the absence of a deputy chair and left the meeting at 12:09 pm

12:14 pm Chair Felicity Foy returned to the meeting and resumed the Chair.

 

6.4         Infrastructure Committee Action Sheet Update January 2022

Agenda item 6.4 document number A3571263, pages 298 - 299 refers.

Resolution  2022/7

Moved:       Chairperson Felicity Foy

Seconded:  Cr John Vujcich

That the Infrastructure Committee receive the report Action Sheet Update January 2022.

In Favour:       Crs Felicity Foy, Dave Collard, Rachel Smith, Kelly Stratford, John Vujcich and Member Adele Gardner

Against:           Nil

Carried

NOTE: That all pdf’s in furture reports/agendas are scaleable and readabe for all members.

NOTE: that Resolution 2021/14, item 6.1 Tourism Infrastructure Fund Round Four, Boat Ramp Study be included on future action sheets.

5            Karakia Whakamutunga – Closing Prayer

Chair Felicity Foy closed the meeting with a karakia.

6            tE kAPINGA hUI / Meeting Close

The meeting closed at 12:33 pm.

 

The minutes of this meeting will be confirmed at the Infrastructure Committee Meeting held on 23 March 2022.

 

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

CHAIRPERSON

 


Ordinary Council Meeting Agenda

24 February 2022

 

6.4         Koutu Mongero Picnic Area Encroachment

File Number:           A3540785

Author:                    Rochelle Deane, Manager - Environmental Services

Authoriser:             Dean Myburgh, General Manager - District Services

 

Take Pūrongo / Purpose of the Report

To seek approval of the recommendation that the Koutū Mongero Picnic Area be managed by a Kaitiaki Agreement.

WhakarĀpopoto matua / Executive Summary

·      In April 2021 Council Monitoring Officers responded to a complaint that an area of unformed road known as Koutū  Picnic Area was being used illegally as a campground. A site visit was carried out which confirmed the presence of illegal structures and signage relating to a campground. The kaitiaki occupiers have been mowing and maintaining the picnic area.

·      The Monitoring Team and the Northern Transport Alliance (NTA) seek direction from Council about the future use of the picnic area. Staff recommend that Council support Option 1 and engage with the kaitiaki occupier to formalize a Kaitiaki Agreement. Further, that Council assists the occupier to obtain the necessary consents to legalise the use of the Koutū  Picnic Area as a campground.

·      On 6 October 2021 the Kaikohe-Hokianga Community Board resolved to support Option 1 of this report.

·      This is the final report to Council for a decision.

tŪtohunga / Recommendation

That Council

a)      engage with the kaitiaki of the Koutū Mongero Picnic Area to formalise a Kaitiaki Agreement for the lawful use of the area as a campground; and

b)      engage with the kaitiaki to obtain the necessary consents under the Resource Management Act, Local Government Act and Health Act to facilitate the lawful use of the area as a campground.

 

1) TĀhuhu kŌrero / Background

In April 2021 Council Monitoring Officers responded to a complaint that an area of unformed road known as Koutū  Picnic Area was being used illegally as a campground (see fig.1 on the next page).

A site visit was carried out which confirmed the presence of illegal structures and signage relating to a campground. The kaitiaki occupiers have been mowing and maintaining the area (fig.4).

Fig.1 Location of area of unformed road known as Koutū  Picnic Area

A path leading to a body of water with a sign on it

Description automatically generated with low confidence

Fig.2 Signage relating to illegal campground

A picture containing grass, outdoor, sky, trailer

Description automatically generated

Fig.3 Illegal Structures

A picture containing grass, sky, outdoor, field

Description automatically generated

Fig.4 The site has been mowed and maintained by kaitiaki occupiers

Timeline of Events Relating to Koutū Mongeroa Picnic Area

11 Dec 2014

Council resolved

“THAT the person responsible for the structures on Koutū Point unformed legal road be given 21 days to have them removed;

AND THAT failure to do so will result in Council issuing a Trespass Notice to this person and having the structures removed at the occupier’s expense (as per Policy #5108 - 2014 - Encroachments on Council Administered Land).”

A trespass notice was duly served on the occupier, and he was given 21 days to remove all structures from the Reserve.

Reports from community members and the NZ Police indicated that a land occupation was to be undertaken by the occupier and supporters, and matters could become unpleasant.

10 June 2015

Then Chief Executive Officer (Acting) Colin Dale met with the occupier and their legal representatives to endeavour to achieve an amicable outcome. The outcome of this meeting was that the family and hapū, with Council’s assistance, convene a public meeting in Opononi to get the views of the wider community. 

23 October 2015.

Approximately fifty people attended the public meeting chaired by Mark Ambler (elected from the floor).  FNDC representatives, Chief Executive Officer (Acting), Colin Dale, George Swanepoel (Legal Counsel), Phill Grimshaw (Manager Strategic Iwi Relationships), and Mike Colebrook (Manager Facilities Operations) briefed the meeting on the history of the encroachment and Council’s obligations under Local Government legislation, to address the public complaints that had been received.

Members of Ngāti Korokoro outlined their claim under the Treaty of Waitangi, and advised that by June 2016, they would have proof showing hapū ownership.

Colin Dale confirmed that Council was happy for the Treaty claim to progress as it was the correct and lawful process, but on receipt of the complaints regarding illegal structures, illegal camping, and other health and safety concerns, it had to act to protect the wider community.

The meeting then agreed that the whānau and Council had heard the arguments raised by the hapū and wider community, and that the parties concerned should continue to work towards a resolution of the concerns that had been raised (Council Report A1647876).

May 2016

Phil Grimshaw and George Swanepoel met with occupier Syd Mathews, and it was agreed:

1.  That although council was happy for Mr Mathews to be the caretaker of the block it has to be open to all the public and that the accosting and abuse of members of the public was

unacceptable.

2.  That Mr Mathews would remove the signs and that Council would assist with the removal of the container and the porta cottage.

3.  Council would explore the installation of toilets as this destination was popular with freedom campers.

4.   Council would look at some type of secure post box where campers could leave a koha which would help Syd pay for the maintenance of the area.

May 2016 – Present

The conditions of the informal Agreement were not progressed, and no formal Kaitiaki Agreement was finalised. The occupation of the area diminished without further action from FNDC. Due to staff changes and an absence of complaints, enforcement of the removal of the encroachment did not occur.

Treaty Claim

Independent historical research commissioned by FNDC and conducted by Schwarz Consultancy Ltd concluded the Koutū  block was a private transaction between Māori and European settlers and did not find anything untoward that would suggest a Treaty claim was appropriate. In addition, land vested in Council is not Crown land for the purposes of Treaty settlements.

Public Use and Legislation

The site is currently advertised on the internet and social media as a campground. Figure 5 is a screen snip from https://nzcamping.com/camp-directory/camp-listing/north-island/far-north/Koutū-mongero/.

 

Graphical user interface

Description automatically generated with medium confidence

Figure.5 The picnic area is advertised as a campground on the internet

The site is public land, so it is desirable to maintain public access and enjoyment of the picnic area. However, Section 357 of the Local Government Act (LGA) provides that it is an offence to encroach on a road for example by erecting buildings or fences. Council has received multiple complaints since 2016 regarding the encroachment preventing access to the picnic area.

Council’s Monitoring and Compliance Team and the Northern Transport Alliance (NTA) seek Council’s direction on options to resolve the encroachment and address complainants’ concerns.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Council Monitoring Staff have met with Northern Transport Alliance (NTA), Te Hono and Legal staff to identify options for the future use of the Koutū  picnic area. It is noted that the unformed road is not required for roading purposes. However, any alternative use of public land requires elected member direction. The options are as follows.

Option 1     Engage with kaitiaki occupier to formalize a Kaitiaki Agreement and seek necessary consents to legalise the campground; or

Option 2     Take enforcement action to remove illegal structures and prevent campground use: or

Option 3     Investigate changing status of area from road to reserve

Option 2 is not recommended because:

·      Enforcement action is unlikely to resolve the demand for campervan parking at the picnic area. Even if encroachments are removed it is likely that campervans would still use the area. Complaints from Koutū Point residents about camping at the site would not necessarily be resolved.

·      Enforcement action may alienate the kaitiaki who have been maintaining the area. This is not consistent with Treaty of Waitangi principles of Tino Rangatiratanga and Partnership.

·      Enforcement Action would not provide for the ongoing maintenance of the area. NTA have no interest in or budget for maintaining the picnic area.

 

Option 3 is not recommended because:

·      Changing the status of the land would require a formal legal process of road stopping.

·      Reserve status would not resolve the demand for campervan parking in the area.

·      Changing status of the land to Reserve would not provide for the ongoing maintenance of the area. There is no budget in the LTP for additional reserve maintenance.

Take Tūtohunga / Reason for the recommendation

Option 1 is the preferred option because:

·      The Kaitiaki Agreement can document Council’s expectations relating to public access and maintenance of the area.

·      Council can work with kaitiaki to assess compliance with the requirements of the Resource Management Act 1991 (RMA), s.120B of the Health Act 1956 (Campground Regulations) and s.357 LGA. It is likely that resource consent and health licensing would be required.

·      If compliance is achieved, the Kaitiaki Agreement can provide for both campervan parking and public access to the coast. Resource consent and health licensing conditions would also apply.

·      An agreement would recognise the role of local kaitiaki and be the focus for constructive dialogue between Council and the kaitiaki occupier. This aligns with the Treaty of Waitangi principles of Tino Rangatiratanga and Partnership.

·      Other government agencies, for example the Department of Conservation (DOC) have kaitiaki Agreements delegating functions to community groups. For example, the management of the Urupukapuka Island campground by hapū from the Bay of Islands/Rāwhiti area.

·      Enforcement action to remove structures and exclude kaitiaki is likely to result in ongoing conflict and occupations. If the kaitiaki were not permitted to occupy and maintain the area it is unlikely to be maintained by NTA and public amenity would be reduced.

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

Council will need to fund technical and legal support to assess whether the proposed campground can achieve compliance with the requirements of the Resource Management Act 1991 (RMA), 120B of the Health Act 1956 and LGA.

The Kaitiaki agreement would likely set the scope for how much development and use is expected.

·   Indicative costs:

·   Resource consent application preparation $3,500

·   Resource consent processing $3,500

·   Campground Health Licence $341/year

·   Building consents may be required depending on what structures remain/ are introduced.

·   There is no existing budget available for this work, however the recommended option (option 1) would have similar budget and staff capacity implications as an enforcement proceeding.

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

Medium – The occupation of the Koutū  picnic area previously received media attention and was the subject of a public meeting. The future management of public land may be of interest to the community.

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

There is no budget for the management of this area of unformed road. It is likely that resource consent under the RMA and a license under the Health Act will be required before the area can lawfully be used as a campground.

State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.

District Wide Relevance

This reports recommended option has been supported by the Kaikohe-Hokianga 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.

This report has considered how kaitiaki Māori can be included in decision making about the future use of the Koutū  Picnic Area. This aligns with the principles of Tino Rangatiratanga and Partnership.

 

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).

Potentially affected parties include residents of Koutū Point, hapū, kaitiaki, and members of the public wanting access the picnic area and coastline. NTA does not consider themselves affected as they have no plans for the unformed road.

State the financial implications and where budgetary provisions have been made to support this decision.

As covered in report. Financial implications of Option 1 are similar to Options 2 and 3.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 


Ordinary Council Meeting Agenda

24 February 2022

 

6.5         Adoption of Statement of Proposal to Amend Resource Consent Fees & Charges for 2022-23

File Number:           A3574653

Author:                    Sheryl Gavin, Manager - Corporate Planning & Community Development

Authoriser:             Darren Edwards, General Manager - Strategic Planning and Policy

 

Take Pūrongo / Purpose of the Report

To adopt the Statement of Proposal to amend Resource Consent fees and charges for 2022-23 for consultation.

WhakarĀpopoto matua / Executive Summary

·      The annual review of fees and charges for the 2022-23 financial year has now been completed. Officer-recommended amendments beyond inflationary adjustments were discussed at the Annual Plan workshop on 9 December 2021.

·      Council may set all fees and charges by resolution without consultation except for Resource Consent fees which may only be set following a Special Consultative Procedure as prescribed by section 83 of the LGA.

·      Section 83 of the LGA requires a Statement of Proposal.

·      The attached Statement of Proposal details proposed amendments to Resource Consent fees and charges and invites public feedback.

·      While the remainder of the adjustments made to fees and charges do not require consultation, the full draft schedule will be available for the public to make comment on should they wish.

·      The final schedule of Fees and Charges for 2022-23 will be formally adopted at the June Council meeting, with amended fees and charges becoming effective on 1 July 2022.

 

tŪtohunga / Recommendation

That Council:

a)      adopts the Statement of Proposal for the proposed amendments to Resource Consent fees and charges.

b)      undertakes public consultation in accordance with section 83 of the Local Government Act 2002 from 1 March to 4 April 2022.

 

1) TĀhuhu kŌrero / Background

FNDC reviews and adjusts fees and charges annually.

In most cases, increases are limited to the Local Government Cost Index (inflation factor), forecast at 2.3% for 2022/23, except for the following:

·    Adjustments to Resource Consent fee structures relating to instalments

·    Increased daily handling fee for impounded animals to better reflect the actual cost

·    Increased cost to obtain a property file to better reflect the actual investment in digitising these records

·    Adjustments to various cemetery fees, including increased burial plot and interment fees, in recognition of increasing labour and land costs.

These exceptions were discussed at the 9 December 2021 Annual Plan workshop. All except the Resource Consent fees can be set by Council resolution (see section 36 of the RMA). Resource Consent fees can only be set following the Special Consultative Procedure as prescribed by section 83 of the LGA. The LGA requires adoption of a Statement of Proposal for the proposed changes. This is attached and relates only to the Resource Consent fees.

Despite no legislative requirement to consult on all other fees and charges, a draft schedule of Fees and Charges is being prepared for upload so that the public can consider and provide feedback on Resource Consent fees and all others at the same time should they wish to.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Council could decide not to adjust Fees and Charges as proposed. However, by doing so Council risks not recovering the actual and reasonable costs associated with these activities and places the burden on rates revenue.

In accordance with usual practice, inflationary adjustments have been made to most fees and charges to reflect rising costs. The fees and charges recommended for adjustments beyond inflation are detailed below.

Resource Consent fees and charges

Council consistently a substantial amount of arrears relating to Resource Consents that officers believe can be reduced with an increased instalment payment structure. At the time of lodging a consent application the customer is charged an instalment fee. Actual processing costs are calculated and invoiced after the decision is issued. In some cases, the final invoice is for a large amount. Legally, we cannot compel customers to pay by withholding the consent. This often results in unpaid invoices.

Officers believe (and this seems to be the experience of other councils) that higher instalment fees would be helpful to the customer when they get the final invoice and may result in Council carrying lower arrears.

While assessing appropriate instalment levels, other chargeable consenting activities were identified that enable a greater level of cost recovery if they are charged as an instalment (with a wash-up invoice at the end) rather than a fixed fee. Also identified are a small number of other types of applications that we should be recovering costs for but have not to date.

Summary of proposed changes – Resource Consents

Increases for the following instalments

Current instalment

Proposed instalment

Increase/ (decrease)

Simple land use (single zone rule breach)

$1,204

$2,700

$1,496

Subdivision 1-4 lots

$1,933

$2,900

$967

Subdivision 5-8 lots

$1,933

$4,800

$2,867

Subdivision 9+ lots

$1,933

$6,500

$4,567

Combined subdivision/land use

$3,360

$4,900

$1,540

National Environment Standards plantation forestry*

$3,360

$1,933

($1,427)

Limited notification: Land use and subdivision; combined land use and subdivision; notices of requirement; heritage orders; discharge to land.

$1,204

$5,000

$3,796

Public notification: Land use and subdivision; combined land use and subdivision; discharge to land; changes to consent conditions – section 127; notice of requirements; heritage orders

$3,613

$8,000

$4,387

New instalment fees

Current instalment

Proposed instalment

Increase/ (decrease)

Subdivision 9+ lots – discharge to land

-

$2,700

-

Subdivision 9+ lots – updating of cross lease flats plans

-

$2,900

-

Combined land use / discharge

-

$3,500

-

National Environmental Standards for contaminated soil

-

$1,933

-

Fee unchanged but convert to instalment

Current instalment

Proposed instalment

Increase/ (decrease)

Creation of right of way under s348 LGA

-

$925

-

Approval of survey plan s223, cert under s221 (consent notice), cert under s222 (completion cert)

-

$262

-

Approval of documents required prior to s223 or s224 e.g. engineering plans etc

-

$1,136

-

Approval of documents required prior to s223 or s224 e.g. without engineering conditions

-

$612

-

Non-inflationary animal management adjustments

We currently charge different registration fees for menacing/dangerous dogs, but the Dog Control Act states that these types of dogs must be neutered, and that fees must be set at 150% of the non-dangerous dog registration fee. The proposal is therefore to remove the ‘not desexed’ fee and reduce the desexed fee to 150% of normal dog registration.

Impound fees are set for first, second and third impounding, and include also have an after-hours impounding fee. Staff recommend removing the after-hours fee simplify the charging regime.

The daily handling fee does not cover the cost of cleaning, feeding, and housing dogs, and is so low that many owners leave their dogs at the shelter until it is convenient for them to collect them. This puts pressure on capacity. Staff believe $15 a day is more reflective of actual cost and is still a lot lower than that charged by other councils.

It is proposed that the fee for feeding impounded stock be specified as ‘per head’. This is an error in the current schedule that leads to significant under-recovery should more than one head of stock be impounded.

Summary of proposed changes – Animal Management

Fee/charge

Current

Proposed

Increase/ (decrease)

Registration of menacing/dangerous dog – desexed

$127

$122

($6)

Registration of menacing / dangerous dog – not desexed

$137

-

($137)

After hours impounding (impound fee $68.50 plus after-hours fee of $51.00)

$125

-

($125)

Daily handling for dogs

$7.70

$15

$7.30

Stock impounding sustenance fees

$10.00

$10.00 per head

n/a

Non-inflationary cemetery fee adjustments

Cemetery fees have been assessed against actual costs, and in land-based cases reflect an expected 20% in land value in the District.

The following changes are proposed:

•        Increased burial plot and ash burial fees combine the one-off maintenance fee of $151 (currently a separate fee).

•        The disinterment fee be removed, and disinterment be charged the same as interment.

•        The statutory holiday surcharge be adjusted by 15% to reflect the allowable amount businesses can charge to cover the cost of paying staff time and a half as well as providing a day off in lieu.

•        A new special circumstance surcharge of $500 to cover the cost of staff waiting should there be a late arrival, processing costs if additional information is needed or other special circumstances that result in additional costs etc. It is standard practice across the sector for similar surcharges.

•        Grave digging and concrete capping for ash burials increase by 10% to reflect increasing costs.

•        Removal of flowering basket fee. This is a legacy item; we no longer provide flowering baskets.

•        Increased search fee to reflect rising costs.

•        Addition of a fee for a memorial bench at actual cost.

Summary of proposed changes – Cemeteries

Fee/charge

Current

Proposed

Increase/ (decrease)

Burial plots – including one-off ground maintenance cost

$771

$1,106

$335

Interment single depth

$808

$969

$161

Interment double depth

$916

$1,099

$183

Interment child (under 10)

$217

$239

$22

Interment – oversized single and double depth

$890

$1,068

$178

Interment oversized double depth

$970

$1,068

$98

Statutory holiday surcharge

$464

$534

$70

Special circumstance charge

-

$500

-

Ash burials

 

 

 

Ash berm (Russell) interment and disinterment, includes ground maintenance cost

$351

$502

$151

Ash berm (all others) interment and disinterment, includes ground maintenance

$107

$258

$151

Grave digging for ash burial

$194

$213

$19.40

Concrete cap

$100

$110

$10

Other cemetery fees

 

 

 

Search fee (per hour)

$27

$38

$11

Memorial bench

-

Actual costs

-

Non-inflationary property information file fee adjustments

In 2017, all property files were digitally scanned at a cost of just over $2.2 million. The objective was to recover this cost over seven years. Fees were set at $25 per file at the time, recognising that actual costs would be assessed, and the fee adjusted accordingly.

Analysis of actual costs indicate that the cost to obtain a property file should rise to $114.50.

Summary of proposed changes – Property File Information

Fee/charge

Current

Proposed

Increase/ (decrease)

Property file

$25

$114.50

$89.50

Timeline to adoption

Should the Statement of Proposal be adopted for consultation, the following dates are indicative:

·      Open for submissions:           1 March 2022

·      Close for submissions:           4 April 2022

·      Hearings:                                To be determined, depends on the number seeking to be heard

·      Adoption:                                19 May 2022

Take Tūtohunga / Reason for the recommendation

To enable staff to proceed to consultation on the proposed fees and charges for Resource Consents for 2022-23 as required by Section 36 of the RMA. Council will adopt all final fees and charges prior to 1 July 2022.

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

The proposals outlined are in intended to meet the funding arrangements specified in the Revenue and Financing Policy. Adjustments as proposed support cost-recovery intentions for the relevant activities.

Āpitihanga / Attachments

1.       Statement of Proposal fees & charges Resource Consents - A3574662  


 

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

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.

Local Government Act, Resource Management Act

State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.

District-wide, Community Board views have been sought through Chair attendance at relevant Council workshops.

State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.

State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.

No specific implications.

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).

Property developers will be targeted for communications.

State the financial implications and where budgetary provisions have been made to support this decision.

The proposals outlined are in intended to meet the funding arrangements specified in the Revenue and Financing Policy. Adjustments as proposed support cost-recovery intentions for the relevant activities.

Chief Financial Officer review.

The Chief Financial Officer has approved this report

 

 


Ordinary Council Meeting Agenda

24 February 2022

 

 

Resource Consent Fees and Charges for the 2022-2023 Financial Year

Statement of Proposal

Introduction

 

Section 36 of the Resource Management Act (RMA) enables the Far North District Council (Council) to set fees and charges payable by applicants for resource consent, by holders of resource consents, and for other matters set out in section 36 6hat relate to Council’s administration of its functions under the RMA.

New and/or amended fees and charges relating resource consents may only be set following consultation. This Statement of Proposal has therefore been prepared in accordance with requirements of section 83 of the Local Government Act (LGA) relating to the Special Consultative Procedure.

The review and amendment of Resource Consent fees was carried out as part of Council’s annual review of all fees and charges. Council may set its schedule of all fees and charges by resolution under section 150 of the LGA, without consultation, with the exception of charges set through the RMA which must be set following the Special Consultative Procedure prescribed by the LGA.

Proposed changes to Resource Consent fees and charges for 2022-23

Council proposes the following:

1.   That all Resource Consenting fees and charges be increased by 2.3% to accommodate the inflationary effects of the Local Government Cost Index[1] (LGCI).

2.   That fees be amended to vary the instalment paid on lodgement of applications for simple land use, subdivisions, National Environmental Standards (NES) for plantation forestry, and limited and public notified applications. This does not change the overall amount charged for the consent; it simply adjusts when the applicant is required to pay. Council believes (and this seems to be the experience of other councils) that higher instalment fees will be helpful to the customer when they get the final invoice, and this this may result in Council carrying lower arrears. Proposed amendments are as follows:

Application type

Current instalment

Proposed instalment

Increase/

(decrease)

Simple land use (single zone rule breach)

$1,204

$2,700

1,496

Subdivision 1 - 4 lots

$1,933

$2,900

967

Subdivision 5 - 8 lots

$1,933

$4,800

2,867

Subdivision 9+ lots

$1,933

$6,500

4,567

Combined subdivision / land use

$3,360

$4,900

1,540

National Environmental Standards Plantation Forestry*

$3,360

$1,933

(1,427)

Limited notification: Land use and subdivision; combined land use and subdivision; notices of requirement; heritage orders; discharge to land

$1,204

$5,000

3,796

Public notification: Land use and subdivision; combined land use and subdivision; discharge to land; changes to consent conditions – Section 127; notice of requirements; heritage orders.

$3,613

$8,000

4,387

3.   That installment fees be introduced for larger subdivisions, combined land use/discharge and NES for contaminated soil as follows:

Application type

Proposed instalment

Subdivision 9+ Lots - Discharge to Land

$2,700

Subdivision 9+ Lots - Updating of cross lease flats plans

$2,900

Combined land use/ discharge

$3,500

National Environmental Standards for Contaminated Soil

$1,933

4.   That fees for the following be converted to an instalment payable at the time of lodgement, with a final invoice to cover the actual processing costs after the decision is issued:

Application type

Proposed instalment

Creation of right of way under S.348 LGA

$925

Approval of survey plan s.223, cert under s.221 (consent notice), cert under s.222 (completion cert)

$262

Approval of documents required prior to s.223 or s.224 e.g. engineering plans etc

$1,136

Approval of documents required prior to s.223 or s.224 e.g. without engineering conditions

$612

 

Our other fees and charges

We review all our fees and charges annually, and in most cases simply make inflationary adjustments in recognition of rising local government costs. Some may be adjusted beyond inflation, while others may not change at all.

We are not required by legislation to consult on these but have made the schedule that will be adopted in May for commencement on 1 July 2022 available on our website for you to look through. If you have feedback on any of the fees in that schedule please feel free to make a submission using any of the methods in this document.

Fees and charges that will rise beyond inflation in 2022-23 relate to:

·    Procurement of property files;

·    Animal impound fees; and

·    Burial plots and cemetery interment fees.

The schedule of Fees and Charges for 2022-23 can be found here. Please note that this schedule will not be formally adopted by Council until 19 May 2022.


 

Making a submission

 

Anyone can make a submission regarding the amendments proposed in this document, and we encourage you to let us know your views.

Submissions must be in writing. We have provided a submission form here and online. The form is ideal for brief submissions, but you may attach additional pages if you wish.

The submission period opens on Tuesday, 1 March 2022 and closes on Monday, 4 April 2022. 

Submitters will have the opportunity to be heard in support of their submissions, the date for which will depend upon the number of submitters wishing to present. Submitters wishing to speak will be contacted directly to make arrangements.

Submissions can be:

·    Made online:              www.fndc.govt.nz/haveyoursay (or whatever the link is)

·    Emailed to:                  submissions@fndc.govt.nz. Subject heading should read

            “Resource Consent Fees and Charges 22-23”

·    Posted to:                    Far North District Council

                                      Private Bag 752

                                      Kaikohe 0440

                                      Attention: Jo Boyd

·    Delivered to:               Any of our service centres:

                       

KAIKOHE

5 Memorial Avenue

Open Monday-Friday 8am-5pm

KAITAIA

Te Ahu, corner Matthews Ave & South Rd

Open Monday-Friday 8.30am-5pm

KAEO

Leigh St

Open Monday-Friday 8am-4.30pm

(closed 12.30-1pm)

KERIKERI

John Butler Centre, 60 Kerikeri Rd

Open Monday-Friday 8am-5pm

PAIHIA

i-SITE Visitor Centre

The Wharf, Marsden Rd

Open 7 days 8.30am-5pm

KAWAKAWA

Te Hononga, Gillies St

Open Monday-Friday 8am-4.30pm

RAWENE

11 Parnell St

Open Tuesday and Thursdays 8am-4.30pm (closed 12.30-1pm)

OPONONI

i-SITE Visitor Centre

29-31 SH12

Open 7 days 8.30am-4pm

 

Remember that written submissions must be received

by 5pm on 4 April 2022

 


 

What happens next?

Council will acknowledge each submission received in writing.

Following the closing of submissions on 4 April 2022, all submissions will be reviewed by Councillors. Submitters will have an opportunity to speak to their submissions at a meeting that is open to the public on dd/mm/yy. Council will then formally consider all submissions at the 19 May Council meeting where the schedule of Fees and Charges for 2022-23 will be formally adopted.

The adopted schedule will be enacted on 1 July 2022.

 

 


Ordinary Council Meeting Agenda

24 February 2022

 

6.6         Paihia Central Business District Development Rate - allocation 2020/21 to 2023/24

File Number:           A3570279

Author:                    Janice Smith, Chief Financial Officer

Authoriser:             William J Taylor MBE, General Manager - Corporate Services

 

Take Pūrongo / Purpose of the Report

To provide information on the request from Focus Paihia to allocate the Paihia Central Business District (CBD) Development Rate to specific elements of the Paihia Legacy Project

WhakarĀpopoto matua / Executive Summary

·      Council levies a specific amount for the Paihia CBD Development rate annually.

·      This rate was established in the 2010/11 Annual Plan to “provide for additional developments in the Paihia Central Business District”.

·      An agreement with Focus Paihia is entered into that outlines the work that is to be provided by this rate and funds transferred.

·      Funds transferred in 2020/21 were $49,401.00. These funds were for projects relating to the Paihia Waterfront and given the imminent work to take place in that area and the impact of COVID, the projects were stalled.

·      The rate for 2021/22 is $48,618.34 and it is anticipated that a similar value will be struck in 2022/23 and 2023/24.

 

tŪtohunga / Recommendation

That Council:

a)      approve the allocation of the Paihia Central Business District Development Rate to Focus Paihia to provide a contribution to the physical signage and walking tour with augmented reality projects as follows:

i)       the allocation of $49,401.00 from 2020/21 that is diverted from waterfront projects;

ii)      the allocation of $48,618.34 for 2021/22 and the rate, when struck, for 2022/23.

b)      approve in principal that the Paihia Central Business District Development Rate for 2023/24 be allocated to Focus Paihia to carry out the stalled waterfront projects on the waterfront in Paihia providing that the work currently planned for the waterfront has been completed.

c)      note that a new agreement on the allocation of funds will be required from 1 July 2024.

 

1) TĀhuhu kŌrero / Background

As part of the Annual Plan for 2010/11 a targeted rate known as the Paihia CBD Development Rate was created. The purpose of this rate was to provide for additional developments in the Paihia CBD.

In 2018/19 a formal process was established were by Focus Paihia submitted the planned works that would be funded from the targeted rate and payment was made once the work was agreed.

For 2021/22, Focus Paihia have approached Council to use the funds slightly differently in line with the Paihia 200th anniversary celebrations planned for 2023.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

In April 2023, Paihia will host its bi-centenary – one of the first towns in New Zealand to achieve that milestone.

A concept plan has been created that focuses on the history of Paihia and provide an immersive journey through time and place. This will be achieved by creating a number of interactive offerings including signage, a walking tour companion app and church projection lighting tour.

The concept plan is attached for information.

Focus Paihia are raising funds from other sources to complete aspects of the proposed work and would like Council to approve the use of the targeted rate for 2020/21 through to 2022/23 (approximately $150k) to assist with signage and the walking tour with augmented reality.

The estimated costs for the complete concept are:

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Focus Paihia have drawn down the funds for 2020/21 and it was intended to carry out work on the waterfront. However, there is a significant project intended to commence on the waterfront that could have resulted in the projects having to be removed and that, coupled with COVID related delays, means Focus Paihia made the decisions to not apply the funds. These are still held by Focus Paihia.

If approval is given to use the above funds plus the targeted rate for the coming two years, Focus Paihia would like advance approval to use the funds for 2023/24 to carry out the stalled waterfront projects providing that the project that is currently planned has been completed.

Take Tūtohunga / Reason for the recommendation

To seek approval from Council to commit three years of targeted Paihia CBD Development rates to the Paihia Bi-centenary project to provide funds towards signage and the walking tour with augmented reality.

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

The Paihia CBD Development rate is already included in the 2021/31 Long Term Plan.

Āpitihanga / Attachments

1.       Focus Paihia - 1st Concept plan Paihia legacy project - A3570280  


 

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

Low

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

There are no specific polices or legislative requirements that related to 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 Chair of the Bay of Islands/Whangaroa Community Board is aware of the project.

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 project is focused on the early history of Paihia

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).

None identified that would not relate to the whole community

State the financial implications and where budgetary provisions have been made to support this decision.

The Paihia CBD Development rate was approved as part of the 2021/31 Long-Term Plan

Chief Financial Officer review.

The Chief Financial Officer prepared this report


Ordinary Council Meeting Agenda

24 February 2022

 

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Ordinary Council Meeting Agenda

24 February 2022

 

6.7         Review on Erosion Issues for Freese Park

File Number:           A3568751

Author:                    David Clamp, Manager - Major and Recovery Projects

Authoriser:             Andy Finch, General Manager - Infrastructure and Asset Management

 

Take Pūrongo / Purpose of the Report

To provide a progress update on the erosion issue at Freese Park, Omapere, including outcomes of the consultation. This report is also used as a basis for seeking approval for further funding to complete the remaining phases of the project.

WhakarĀpopoto matua / Executive Summary

·      The foreshore at Freese Park is experiencing active retreat due to coastal erosion. This has placed Council assets at risk.

·      The project team implemented the Consultation Strategy endorsed by Elected Members however some adaptation was required to account for Covid related restrictions. There was considerable interest in the project from the Takiwa, local residents and the general public and the response from all parties has been very positive and strengthens Option 1B as the preferred approach, being rock rip rap with planting buffer and 2 accessways.

·      Preferred Option 1B has a rough-order construction cost estimate range from $420,000 to $480,000. This engineers estimate is in the process of being reviewed and updated.

·      A proprietary block wall construction method has also been reviewed and discounted as a potential option for Freese Park. This option may however be suitable for other coastal erosion issues in the Far North.

·      An indicative programme is presented that outlines timeframes through to construction in late 2022. These timeframes have had to be modified due to Covid lockdown-induced delays.

·      $200k was approved in the September 2020 Council meeting for investigation, issue identification and consultation. Stellar projects have completed investigations, issue identification, options assessment, concept design development, consultation and the upcoming resource consenting all within this budget.

·      An additional, estimated $67k of professional service fees is required to progress the project from granting of Resource Consent through to start of construction phase.

tŪtohunga / Recommendation

That Council approves

a)    additional unbudgeted operational expenditure of $57,000 for professional services in 2021/22;

b)    an additional $10,000 operational budget be added to professional fees as part of the 2022/23 Annual Plan, to advance the project through to the start of the construction phase.

 

1) TĀhuhu kŌrero / Background

Foreshore erosion is a growing issue of concern for most coastal communities around New Zealand. Future sea level rise and greater intensity storms associated with climate change are likely to exacerbate this problem. A range of interventions have been applied in various locations in order to manage the erosion and to protect land and infrastructure.

Coastal erosion has resulted in a significant loss of land at Freese Park, Omapere and has both affected Council assets and resulted in a public safety issue due to a fall hazard.

A report submitted to Council (dated 24 September 2020) recommended budget be approved for engagement of a consultant to lead investigations and consultation in an effort to identify an optimal solution for the erosion issues at Freese Park. This recommendation was approved, and Stellar Projects was engaged late 2020.

A comprehensive assessment into the erosion issue was undertaken along with a detailed drone survey, geotechnical investigation, preliminary planning assessment and draft consultation strategy.

A number of high-level options were identified for Freese Park, including:

1.    Do Nothing

2.    Managed Retreat

3.    Hold the line (hard structure in the current alignment of the coastline)

4.    Advance the Line (hard structure place seaward of the existing alignment of the coastline)

The project team presented these high-level options to elected members in the May 2021 meeting along with three hard structure design solutions. Council resolved to progress to public engagement, but also requested that a managed retreat option be included. Concept sections of the four options presented as part of the public consultation are shown in Attachment 1.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Outcomes of Public Engagement

Discussions with the FNDC Engagement Team led to the prioritisation of Iwi in the public engagement process. It took some time to gather consultation collateral and initiate engagement with the local Takiwa and then in August, just as the engagement was getting underway, Covid lockdown restrictions were imposed. This prevented face to face communication and somewhat inhibited the engagement process. However, adjustments in the method of engagement resulted in a number of Zoom hui, and the use of web-based resources, which we felt were very successful.

In total the project team undertook the following engagement initiatives:

·      Direct engagement with key hapu kaitiaki for the rohe in Te Wahapu

·      Direct engagement with neighbours to Freese Park

·      Direct engagement with the owner of No. 9 Freese Park Road

·      Webinar on Wednesday 9 November

·      Signage onsite from 26 October – 12 November 2021

·      On-line feedback survey. Seventy-six responses were received on the on-line survey.

Listed below are the key aspects of the design that we sought feedback on during the public engagement process as well as their respective engagement outcomes and recommended response. Where the recommended Council response is at odds with the engagement feedback, justification has been provided:

Aspect of the project we specifically sought feedback on

Feedback Received

Recommended Council Response (Adopt/Reject)

Preferred option (do nothing / managed retreat / hard protection structure)

There was a strong preference for a hard protection structure to prevent further erosion.

Adopt the public preference and adopt a hard coastal protection structure rather than managed retreat. This feedback aligns with the engineering recommendation

Preferred design solution

The preference was for the rock rip rap with footpath solution. A close second was the rock rip rap with planted buffer. Alternative hard structures such as proprietary block walls were included in the engagement collateral as alternative solutions but were not favoured.

Adopt the public preference and adopt the rock rip rap option with a planting buffer. The reason being is that this is one of the public’s favoured solutions. It is also the lowest cost for ratepayers. There are also likely to be difficulties apportioning maintenance cost to the owner of 9 Freese Park if the wall in front of the house includes a public asset, i.e., footpath.

Beach access location

The results showed a preference for beach access at both the northern and southern ends of the beach

Adopt the public preference - Include access points at both the northern and one at the southern end of the beach within the design.

Preference for plant species

Oioi, flax and other species preferred

Adopt the public preference and use the feedback from the public to inform the planting plan. We will ensure we use coastal species and will take direction from a specialist.

Preference for amenity (Beach versus Park). This question was trying to gauge the publics’ desire to either ‘advance the line’ seaward versus ‘hold the line’.

 

There was a very strong allegiance to the park amenity versus the beach, which suggests a preference for ‘Advancing the Line’ (pushing the coastline seaward as part of this project).

Reject the public preference and adopt a ‘hold the line’ approach.

The coastline is actively eroding, and it is clear from comments received during the engagement process that a considerable number of the public want prompt action. The fastest (and lowest risk) avenue to coastal protection at this location is through holding the line, which NRC have advised is likely to progress through the consent process as non-notified (~2 months). Conversely, the ‘advancing the line’ option would be fully notified and at best take 6 months to process. If there are any appeals that result in Environment Court Hearings, this timeframe would extend. Some coastal protection projects have taken years to get through the courts. In the meantime, erosion of Freese Park (and 9 Freese Park Road) would continue to occur.

Engagement with Owner of 9 Freese Park Road

One of the most important discussions during the engagement phase was with the owner of 9 Freese Park Road, which is positioned between the two public land lots (all of which are experiencing erosion). It is imperative for both the private property owner and Council that a collaborative approach to coastal protection is sought. Given the nature of the erosion, a successful solution for either the private or public land areas is extremely unlikely to be achieved independently.

Initial discussions with the owner of 9 Freese Park Road have been very positive and based on this, we are confident that Council and the owner can work towards a joint solution.

Discussions regarding asset ownership, maintenance responsibilities and cost apportionment are currently underway.

Proprietary Block Wall Option

The option of a proprietary block wall option was raised during the May 2021 Council meeting. Council staff were subsequently approached by a company who manufactures and installs a stacked, locking type block wall product. This was investigated to understand its potential application in coastal settings within the Far North and potentially Freese Park.

While this design appears to have promise in some high energy coastal settings, it was ruled out at Freese Park for the following reasons:

·      Rigidity of Structure - It is difficult to obtain curvature within this proprietary wall alignment due to the inflexible block locking mechanism. As a result, the wall would be straight rather than bending with the natural shape of the coastline and in this case would be more susceptible to ‘end-effect’ erosion. The solution we are looking for requires a flexible wall structure so we can tie into the existing rock rip rap walls both north and south of Freese Park. We also need to be able to easily integrate pedestrian access steps.

·      Amenity – As mentioned, rock rip rap walls already exist both north and south of Freese Park. It makes sense from an amenity perspective to continue the use of this material so that the structure fits in with the surroundings. The public feedback also showed a preference for the rock rip rap wall and expressed a desire for a structure that was aesthetically pleasing.

·      Cost – While the design is seen as a low-cost alternative to other coastal protection structures over the lifetime of the wall, due to low maintenance requirements, the up-front capital cost for Freese Park would be in the order of $1,000,000 compared to $320,000 - $630,000 for the riprap option.

·      Risk of Undermining – Rock rip rap walls are constructed with loosely stacked rock that is sized depending on the anticipated wave energy. In situations where beach sand is eroded below the wall foundation, the rip rap would ‘self-heal’ by settling slightly and continuing to protect the coastline. The proprietary structure doesn’t appear to have this self-healing characteristic. Undermining of the wall could result in significant damage to the wall itself and could expose the land behind the wall to erosion.

Despite the above, there are likely to be straight stretches of eroding coastline in the Far North where a proprietary system could be useful. For this reason, it should not be ruled out as a coastal protection option elsewhere in the district.

‘Hold the Line’ versus ‘Advance the Line’

As previously mentioned, the feedback received from the public engagement survey suggested a strong attachment to the reserve, over the beach. The project team asked this question to try and gauge the appetite for advancing the shoreline seaward. This question was asked despite the issues that come with consenting such a structure.

‘Advancing the line’ effectively results in ‘reclamation’ and our planning advice is that Northland Regional Council would require that the consent for such a structure go through a publicly notified process which could take an additional 4 months (best case scenario). Even after going through the lengthy public notification process (including a hearing) it is still not certain that FNDC would be successful in securing a consent. This is a risk, because the longer it takes to construct a protection structure, the more coastline is lost. We are much more likely to obtain consent without public notification by adopting the ‘Hold the Line’ approach.

Project Progress

The Covid lockdowns experienced since August have led to delays in the ‘engagement’ phase of the programme. Covid lockdowns introduced complexity, that resulted in more work adapting to a different engagement platform. However, despite this, we are still projecting that the resource consent lodgement and associated additional design tasks will be able to be completed within the project budget as planned.

With the engagement phase now been completed and we are ready to move into Resource Consent phase. A summary of task completion under the current contract is outlined below:

Completed project phases to date (under the current contract):

·      Background research

·      Investigations

o Drone Survey

o Geotechnical Investigation

o Coastal erosion and processes assessment

o Compliance check

·      Issue definition

·      Options assessment

·      Concept design development

·      Preliminary Planning Assessment

·      Iwi/Public Engagement

Yet to be completed (under the current contract):

·      Complete design for Resource Consent lodgement

·      Resource Consent preparation, lodgement and post lodgement tasks associated with the consent application

Further work is required to progress this project through to construction following the granting of the resource consent. The text below outlines additional tasks, which currently fall outside the existing Stellar Projects engagement.

Upcoming phases of work (through to construction) that fall outside of the current contract:

·      Further consultation/engagement

o Finalising negotiations/agreements with owner of 9 Freese Park Road (based on detailed design)

o Updates to Iwi, public and elected members prior to construction

o Construction communications

·      Detailed Design

·      Procurement

o Compiling tender documentation

o Tender evaluation and award

·      Ongoing Project Management

External resource may be required to assist Council with Construction Supervision/Contract Administration during the construction phase.

Indicative Programme

The timeframes for physical works will be largely dictated by the duration of consultation and consenting. The programme below presents indicative updated timeframes:

Pre-lodgement investigations (archaeological)                           Dec 2021

Resource Consent preparation                                                 Mid Jan – Mid-Late Feb 2022

Resource Consent lodgement                                                  Mid-Late Feb 2022

Granting of Resource Consent (Assuming Hold the Line)            Mid-Late April 2022

Detailed Design                                                                       Mid-April - Mid-May 2022

Preparation of Tender Docs                                                     Mid May – Mid June 2022

Tender Period through to Contract Award                                  July-Aug 2022

Commence Construction                                                          Mid Sept – Mid Nov 2022

The construction timeframe is largely dependent on consent processing timeframes.

Take Tūtohunga / Reason for the recommendation

The scope of the original Stellar Projects contract was to undertake a thorough investigation of the erosion issue, carry out investigations, work through design options, engage with and seek feedback from the community, develop design to resource consent and lodge consent. Additional professional services budget is required to have external resource (Stellar Projects) advance the project from resource consent through to construction.

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

The current Stellar Projects engagement will be completed at the point the Resource Consent is granted. Additional professional services are required to take the project from granting of Resource Consent through to Construction. A list of tasks and an associated estimate of the professional services fees required to complete the project are outlined below:

Tasks

Fee Estimate

1.   Detailed Design

2.   Further consultation/engagement

o Finalising negotiations with owner of 9 Freese Park Road

o Updates to Iwi, public and elected members prior to construction

o Construction communications

3.   Procurement

o Compiling tender documentation

o Tender evaluation and award

4.   Ongoing Project Management

 

TOTAL FEE ESTIMATE

$67,000

Based on the programme above we would suggest splitting the budget over the two financial years as follows:

·      FY 21/22    $57,000

·      FY 22/23    $10,000

The rough order construction cost estimate for option 1B (rock rip rap and planting buffer) is currently estimated to cost in the order of $420,000 – 480,000. This engineers estimate is in the process of being updated and the results should be available at the February Council meeting.

The proposed structure (see plan view in Attachment 2) has been designed (in concept) to a minimum of 50yr lifespan with consideration of extreme conditions to 2215. The degree and requirement for maintenance is likely to increase as the effects of sea level rise and climate change are realised. As with all coastal structures, it is suggested that monitoring of the structure’s performance and beach response is undertaken, and adaptive maintenance applied as required, e.g. raising wall crest heights.

Āpitihanga / Attachments

1.       Attachment 1 - Freese Park Coastal Protection Options Presented During Public Consultation - A3572222

2.       Attachment 2 - Freese Park, Coastal Erosion - Plan view of preferred option (1B) - A3568694  


 

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

High significance due to level of public interest and effect on the community and its demographics.

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

Coastal erosion has resulted in a significant loss of land at Freese Park, Omapere and has both affected Council assets and resulted in a public safety issue due to a fall hazard.

We have gained public input through a combined approach of direct engagement, hui, and surveys.

State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.

 

District-wide.

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.

Input from Iwi was received during the consultation phase. The opportunity to provide a CIA has been offered to the Hapu Management board and we will progress if it is decided to do so. We have completed an Archaeological Assessment.

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).

Numerous engagement platforms were utilised to seek feedback on the project. The project team reviewed and considered all feedback received.

State the financial implications and where budgetary provisions have been made to support this decision.

As detailed in the report.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 


Ordinary Council Meeting Agenda

24 February 2022

 

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7            Information Reports

7.1         Kaikohe Cares Project

File Number:           A3528794

Author:                    Laurel Belworthy, Community Development Advisor

Authoriser:             Darren Edwards, General Manager - Strategic Planning and Policy

 

TAKE PŪRONGO / Purpose of the Report

To provide Council with an overview of the Kaikohe Cares Project and the Mayors Taskforce for Jobs Community Recovery Programme funding.

WHAKARĀPOPOTO MATUA / Executive SummarY

·      To maximise collective impact, the Community Development Team is trialling a new way of working in Kaikohe, with one dedicated team member focused on Kaikohe Cares (KC).

·      This single lens gives capacity to provide high-level overview and coordination between partners, as opposed to the traditional multi-town lens.

·      Council recently received significant funding from the Mayors Task Force for Jobs (MTFJs) Community Recovery Programme to support Kaikohe Cares.

·      The funding is for a total of $400,000, released in 2 tranches. $250,000 to deliver 15 Sustainable Employment Outcomes (SEO’s) and an additional $100,000 to deliver 25 SEO’s.

·      This focussed approach aims to ‘join the dots’, ensuring community initiatives and Council projects are not developed and delivered in isolation of each other guaranteeing the collective benefit is realised.

·      His Worship the Mayor asked that this information report be provided to give Elected Members an overview of this important work.

 TŪTOHUNGA / Recommendation

That the Council receives the report Kaikohe Cares Project February 2022.

 

1)      tĀHUHU KŌRERO / Background

Kaikohe is the heart of the mid-north, rich in social capital, culture, and history. Historically it is the centre of a wide area, known by Ngāpuhi as Te Pu o te Wheke, the heart of the octopus and the gateway between east and west, serving a large community beyond the township. In the last 30 years, Kaikohe has seen a shift from the thriving main centre, to one with the highest deprivation score in the Far North. With recent Provincial Growth Fund (PGF) projects like the Ngawha Innovation and Enterprise Park and Te Kona Digital Hub, and Council’s commitment to new facilities (Civic Hub) and infrastructure in the town, the opportunity for Council to support the regeneration of Kaikohe and create positive change for its’ community and future, is now.

To maximise collective impact, the Community Development Team is trialling a new way of working in Kaikohe, with one dedicated team member focused on Kaikohe Cares (KC).  Kaikohe Cares is a cross-Council place-based community and economic development initiative. This single lens gives capacity to provide high-level overview and coordination between partners, as opposed to the traditional multi-town lens. This is a place-based, place-making approach that builds on local strengths and social connections. This also supports better service delivery and outcomes for Council, which will naturally ripple out to lift outcomes for surrounding areas.

2)      MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Kaikohe Cares aims to create a pathway for increased inclusion of the Kaikohe community in Council business. The Kaikohe based Community Development Advisor is working towards building open engagement with both external and internal individuals, groups, iwi, organisations, business, and agencies to coordinate and support the community to collaborate, organise, and grow leadership towards our vision, He Whenua Rangatira - A District of Sustainable Prosperity and Well-Being. The project also includes a refresh of the Kaikohe Community Plan and working with the Kaikohe-Hokianga Community Board to develop their Strategic Plan. This approach aligns with Council’s Community Outcomes and anticipates the Future for Local Government Review, which seeks to ‘design a system of local governance that is built on relationships….and creates the conditions in which communities can thrive into future generations” (Ārewa ake Te Kaupapa’ Interim Report September 2021, pg 2).

This focussed approach aims to ‘join the dots’, ensuring community initiatives and Council projects are not developed and delivered in isolation of each other and the collective benefit is realised. This is currently being mitigated with the formation of a Kaikohe Cares Core Group with community and Council representation. An initial stocktake of community initiatives via an online survey is also being developed to inform the Kaikohe Cares project and Kaikohe Community Plan refresh.

 

Council recently received significant funding from the Mayors Task Force for Jobs (MTFJs) Community Recovery Programme to support Kaikohe Cares. This funding has led to meaningful partnerships with Ngawha Innovation and Enterprise Park, Te Kona Digital Hub, and local MSD teams with positive reputational impact for Council. This includes provision of the ‘Berry Bus’ which has enabled sustainable employment for teams at Ngawha Park, ferrying workers to Kerikeri and Waipapa while Kaikohe Berries grows capacity at Ngawha. The funding is for a total of $400,000, released in 2 tranches. $250,000 to deliver 15 Sustainable Employment Outcomes (SEO’s) and a following $100,000 to deliver 25 SEO’s. Future MTFJ’s funded projects include digital skills training, working with the Kaikohe Business Association to support local business to employ locally (including role specific training for employees and wage subsidies) and employer expos for established businesses and start-ups.

Covid disruptions are a risk as they challenge kanohi ki te kanohi meetings/hui and interactions, which, in the context of community development work/mahi, cannot effectively be replaced with virtual hui, therefore delaying true community relationship building. This will be managed by closely following Covid management protocols until such a time free community interaction returns.

Take Tūtohunga / Reason for the recommendation

To provide current information regarding the Kaikohe Cares project and Mayors Taskforce for Jobs Community Recovery Funding

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

There are no financial implications or need for budgetary provision in receiving this report.

Āpitihanga / Attachments

Nil

 


Ordinary Council Meeting Agenda

24 February 2022

 

7.2         Far North Holdings Ltd - Quarter one financial report 2021/22

File Number:           A3569979

Author:                    Janice Smith, Chief Financial Officer

Authoriser:             William J Taylor MBE, General Manager - Corporate Services

 

TAKE PŪRONGO / Purpose of the Report

To present the first quarter financial report for Far North Holdings Ltd (FNHL) to Council for information

WHAKARĀPOPOTO MATUA / Executive SummarY

The financial reports for FNHL would, under normal circumstances, be presented to the Assurance, Risk & Finance Committee (ARF).

Due to the timing of the Christmas break and the ensuing deadlines for reports, it was not possible to prepare a report to ARF, therefore the financial report is being presented to Council.

 TŪTOHUNGA / Recommendation

That the Council receive the report Far North Holdings Ltd - Quarter one financial report 2021/22.

 

tĀHUHU KŌRERO / Background

FNHL prepare quarterly financial reports which are normally presented to the ARF Committee.

Due to the timing of the Christmas break and the ensuing deadlines for reports, it was not possible to prepare a report to ARF, therefore the financial report is being presented to Council.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

The financial report has been reviewed and the following points have been noted:

·      Interest rate cover ratio improved from 2.57 at 30 Sep 2020 to 3.59 at 30 Sep 2021 – this represents how many times the company can pay its obligations using earnings.

·      Equity/asset ratio increased from 52.37% at 30 Sep 2020 to 54.28% at 30 Sep 2021 – the lower the ratio, the more debt the company has used to pay for its assets.

·      Operating surplus increased from $232k to $366k between 30 Sep 2020 and 30 Sep 2021, an improvement of 58%, due to:

Reduction in Finance Expenses from $359k to $291k, 23%.

Reduction in Other Operating Expenses from $890k to $667k, 34%.

Increase in Inventories from $222k to $250k, -12%.

·      The change in COVID alert levels to alert level 4 on 18 August 2021 impacted recoverable income and associated direct expenses from investment property compared to budget, as tenants were not able to trade and access their businesses during lockdown.

·      Rent relief was provided to effected tenants.

·      Corporate overheads were under budget again due to lockdown, as staff were not in the office using paper, stationery, water, coffee, etc. so running costs were reduced.

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

There are no specific financial implications arising from this report

Āpitihanga / Attachments

1.       FNHL First Quarter Report 2021.2022v2 - A3571898   


Ordinary Council Meeting Agenda

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7.3         Progress Report: The Reintroduction of Development Contributions in the Far North District in Alignment with the 2024-34 Long Term Plan

File Number:           A3589368

Author:                    Roger Ackers, Manager - Strategy Development

Authoriser:             Darren Edwards, General Manager - Strategic Planning and Policy

 

TAKE PŪRONGO / Purpose of the Report

To provide Council with an update on the progress against the indicative project schedule for the reintroduction of development contributions in alignment with the 2024-34 Long Term Plan.

WHAKARĀPOPOTO MATUA / Executive SummarY

This report provides an update to elected members on the progress made towards the reintroduction of development contributions in alignment with the 2024-34 Long Term Plan. Progress is on target as per the indicative project schedule for the reintroduction of development contributions that was approved by Council at the 16 December 2021 Council meeting.

 TŪTOHUNGA / Recommendation

That the Council receive the Progress Report: The Reintroduction of Development Contributions in the Far North District in Alignment with the 2024-34 Long Term Plan.

 

tĀHUHU KŌRERO / Background

On 16 December 2021 Council approved that a new development contributions policy be adopted in alignment with the 2024-34 Long Term Plan, at the same time staff were required to provide regular progress reports against the indicative project schedule in developing the new policy.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

The following table is copy of the indicative project schedule in the 16 December 2021 paper to Council - The Reintroduction of Development Contributions in the Far North District in Alignment with the 2024-34 Long Term Plan. An additional extra column ‘Progress against estimated due date’ has been added to provide a commentary of progress made to date as requested by resolution of Council on 16 December 2021.

Activity/Deliverable

Estimated due date

Progress against estimated due date

Comments/Notes

Phase: Concept

 

 

 

Paper to Council recommending the adoption of new development contributions in alignment with the 2024-34 Long Term Plan.

16 December 2021

Complete.

 

Phase: Research

 

 

 

Communications and engagement planning commences with stakeholder and partner identification and analysis.

January – February 2022

On Target to be completed in February.

 

Internal workshops on options, review of best practice development contribution policies in use across New Zealand.

February – April 2022

Workshop requested with proposed internal placemaking working group in March 2022. 

Workshop will be facilitated by a contracted expert in development contributions.

 

Review of options with an external expert and a mentor Council on development contributions.

April 2022

On target.

 

Project plan approved.

April 2022

On target.

From this point on the dates in this table are indicative and assumptive.  With the approval of the project plan will come more exact due dates, timeframes, and costings.

Phase: Conceive

 

 

 

Workshop on different options, timeframes, and a confirmation of the scope of the development contributions policy (which growth related development, which locations)

June 2022

Scheduled for 8 June 2028.  Booked in the formal meeting calendar.

This will explore differing ratios of contributions based on equity between ratepayers and developers and who benefits.

It will also seek a steer on what new growth-related development will be subject to development contributions and in what locations.

It will also explore the ‘do nothing’ option.

Research report completed.

August 2022

 

 

Communications and engagement plan completed.

August 2022

 

 

Paper to Strategy and Policy Committee – options and recommendations for a new development contributions policy.

6 September 2022

 

This will also present a full assessment of the ‘do nothing option’

Local Body Elections.

8 October 2022

 

 

Phase: Design

 

 

 

Drafting of a development contributions policy for public consultation.

October 2022– January 2023

 

 

Communications and Engagement Plan approved.

February 2023

 

 

Approval by Council for public consultation on draft development contributions policy.

February 2023

 

 

Phase:  Consult

 

 

 

Public consultation on draft development contributions policy.

March – May 2023

 

This timeframe includes hearings

Submission’s analysis.

May-July 2023

 

 

Draft new policy for adoption.

July – August 2023

 

 

Approval by Council to use a new development contributions policy to inform 2024-34 Long Term Plan.

September 2023

 

This informs the development of (1) The Financial Strategy and (2) The Infrastructure Strategy.

Phase: Activate Policy

 

 

 

Adoption of a new Development Contributions Policy with 2024-34 Long Term Plan.

June 2024

 

 

New Development Contributions Policy comes into effect.

1 July 2024

 

Staff commences administration of the development contributions policy. Policy rules apply for developers.

 

 

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

There are no financial or budgetary implications that will result from Council receiving this report.

Āpitihanga / Attachments

Nil

 


Ordinary Council Meeting Agenda

24 February 2022

 

7.4         Ngakahu Steering Group Update

File Number:           A3594499

Author:                    Emma Healy, Executive Officer

Authoriser:             Shaun Clarke, Chief Executive Officer

 

TAKE PŪRONGO / Purpose of the Report

To provide Council with an update on progress the Ngakahu Steering Group has made.

WHAKARĀPOPOTO MATUA / Executive SummarY

The Ngakahu Steering group, formed by Council resolution, has been making progress. Attached for information are minutes from the last Steering Group meeting (noting the ‘recommendations’ are in reference to an internal steering group only) and a Ngakahu commissioned report from Mr John Duder regarding potential decommissioning of Kauri Creek dam.

TŪTOHUNGA / Recommendation

That the Council receive the report Ngakahu Steering Group Update.

tĀHUHU KŌRERO / Background

At its 14 December 2021 meeting Council resolved:

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The group formed under this resolution has been making good progress, illustrated by the two documents attached for information:

1.   Draft minutes of Ngakahu Steering Group meeting, 11 February 2022.  The ‘recommendations’ in these minutes are in reference to an internal steering group only.

2.   The Ngakahu commissioned report from Mr John Duder - Potential Decommissioning of Kauri Creek Dam.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

The steering group will continue to keep Council updated on progress as per the Council resolution noted above.

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

Nil

Āpitihanga / Attachments

1.       Draft Minutes Ngakau Steering Group 20220211 - A3594781

2.       J Duder Kauri Dam Report 20220201 - A3594785

3.       14 December Council report - Appointment of a Council Steering Group - A3594929  


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7.5         Community Board Updates February 2022

File Number:           A3585408

Author:                    Marlema Baker, Meetings Administrator

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

TAKE PŪRONGO / Purpose of the Report

To enable oversight of Community Board resolutions at Council and provide Community Board Chairperson’s with a formal opportunity to speak with Council about discussions at Community Board.

WHAKARĀPOPOTO MATUA / Executive SummarY

A copy of the following Community Board meeting minutes are attached for Council’s information.

 TŪTOHUNGA / Recommendation

That Council note the following Community Board minutes:

a)      Bay of Islands-Whangaroa Community Board, 3 February 2022.

b)      Kaikohe-Hokianga Community Board, 4 February 2022.

c)      Te Hiku Community Board, 15 February 2022.

tĀHUHU KŌRERO / Background

This report is to provide Council oversight of resolutions made at Community Board meetings and provide Community Board Chairperson’s with a formal opportunity to raise any Community Board issues with Council.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

This is intended as an information report.

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

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

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

Āpitihanga / Attachments

1.       2022-02-03 Bay of Islands-Whangaroa Community Board Minutes - A3572101

2.       2022-02-04 Kaikohe-Hokianga Community Board Minutes - A3572557

3.       2022-02-15 Te Hiku Community Board Minutes - A3591338  

 


Ordinary Council Meeting Agenda

24 February 2022

 

   MINUTES OF
Bay of Islands-Whangaroa Community Board Meeting
HELD AT THE
Virtually via TEAMs
ON
Thursday, 3 February 2022 AT 10:00 am

 

PRESENT:              Chairperson Belinda Ward, Member Lane Ayr, Member Manuela Gmuer-Hornell, Member Bruce Mills, Member Frank Owen, Member Manuwai Wells, Member Rachel Smith

IN ATTENDANCE: Shaun Clarke (Chief Executive) and William Taylor MBE (General Manager – Corporate Services)

1            Karakia Timatanga / Opening Prayer

Chair Belinda Ward commenced the meeting and Member Manuwai Wells opened with a karakia.

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

2.1         Apologies

Resolution  2022/1

Moved:       Chairperson Belinda Ward

Seconded:  Member Manuwai Wells

That the Bay of Islands-Whangaroa Community Board receive apologies from Member Dave Hookway-Kopa and early departure for Members Bruce Mills and Lane Ayr.

In Favour:       Belinda Ward, Lane Ayr, Manuela Gmuer-Hornell, Bruce Mills, Frank Owen, Manuwai Wells

Against:           Nil

Abstained       Rachel Smith

Carried

3            Ngā Tono KŌrero / Deputations

Jenni Prisk and Therese Wickbom introduced Bee Meinders as member of Rainbow Rangitahi based in Kerikeri. Parents Rachel and Steve Meinders shared some of Bee’s story and representatives spoke to seek support from the Board with Rainbow Rangitahi ideas.


4.1         Rainbow Rangatahi Pride Month Support

Resolution  2022/2

Moved:       Chairperson Belinda Ward

Seconded:  Member Manuwai Wells

That the Bay of Islands-Whangaroa Community Board provide support to Rainbow Rangatahi to enable celebrating PRIDE month in Kerikeri and request staff support Rainbow Rangatahi in their aspirations, noting the Boards support.

 

In Favour:       Belinda Ward, Manuela Gmuer-Hornell and Manuwai Wells

Against:           Nil

Abstained:       Rachel Smith

Carried

5            ngā kaikōrero / Speakers

There were no speakers for this meeting.

6            Confirmation of Previous Minutes

6.1         Confirmation of Previous Minutes

Agenda item 6.1 document number A3538421, pages 10 - 17 refers.

Resolution  2022/3

Moved:       Chairperson Belinda Ward

Seconded:  Member Frank Owen

That the Bay of Islands-Whangaroa Community Board confirm the minutes of the Bay of Islands-Whangaroa Community Board meeting held 2 December 2021 are a true and correct record, with the following amendments:

1.       That items 8.1 Chairperson and Members Reports be recorded as follows

That the Bay of Islands-Whangaroa Community Board note the reports from Chairperson Belinda Ward, Deputy Chair Frank Owen, Member Lane Ayr, Member Manuela Gmuer-Hornell, and Member Bruce Mills; and that,

 

a)    support the proposed beautification plan of the Paihia War Memorial Hall forecourt area and recommend that Focus Paihia consider the irrigation and ongoing maitenance costs;

and

b)    support the installation of skateboard ramps at Simpson Memorial Park by writing a letter of support to Simpson Park Hall and Park Committee,

and

c)    supporting principle the relocation of the playground from Kerikeri Domain to Totara North.

2.       That the “Setting of the 2022 Meeting Schedule” Report be recorded as a Supplementary Agenda item.

3.       That it be recorded that Member Frank Owen voted against Item 8.3 b) 

4.       That it be recorded that Member Lane Ayers abstained on item 8.3 c)

 

In Favour:       Belinda Ward, Lane Ayr, Manuela Gmuer-Hornell, Bruce Mills, Frank Owen and Manuwai Wells

Against:           Nil

Abstained:       Rachel Smith

Carried

7            Reports

7.1         Chairperson and Members Report

Agenda item 7.1 document number A3555637, pages 18 - 26 refers.

Resolution  2022/4

Moved:       Member Manuwai Wells

Seconded:  Member Lane Ayr

That the Bay of Islands-Whangaroa Community Board note the reports from Chair Belinda Ward and Members Manuela Gmuer-Hornell, and Dave Hookway-Kopa.

In Favour:       Belinda Ward, Lane Ayr, Manuela Gmuer-Hornell, Bruce Mills, Frank Owen and Manuwai Wells

Against:           Nil

Abstained:       Rachel Smith

Carried

 

7.2         Statement of Community Board Fund Account as at 31 December 2021

Agenda item 7.2 document number A3555754, pages 27 - 28 refers.

Resolution  2022/5

Moved:       Chairperson Belinda Ward

Seconded:  Member Manuela Gmuer-Hornell

That the Bay of Islands-Whangaroa Community Board receives the report entitled “Statement of the Bay of Islands-Whangaroa Community Board Community Fund account as at 31 December 2021”.

In Favour:       Belinda Ward, Lane Ayr, Manuela Gmuer-Hornell, Bruce Mills, Frank Owen and Manuwai Wells

Against:           Nil

Abstained:       Rachel Smith

Carried

 

7.3         Bay of Islands-Whangaroa Statement of Financial Performance Activities by Ward for the period ending 31 December 2021

Agenda item 7.3 document number A3555769, pages 31 - 33 refers.

Resolution  2022/6

Moved:       Member Manuela Gmuer-Hornell

Seconded:  Member Lane Ayr

That the Bay of Islands-Whangaroa Community Board receive the report Bay of Islands-Whangaroa Statement of Financial Performance Activities by Ward for the period ending 31 December 2021.

In Favour:       Belinda Ward, Lane Ayr, Manuela Gmuer-Hornell, Bruce Mills, Frank Owen and Manuwai Wells

Against:           Nil

Abstained:       Rachel Smith

Carried

 

7.4         Project Funding Reports

Agenda item 7.4 document number A3555148, pages 34 - 45 refers.

Resolution  2022/7

Moved:       Chairperson Belinda Ward

Seconded:  Member Manuela Gmuer-Hornell

That the Bay of Islands-Whangaroa Community Board note the project reports received from:

a)    Jacman Entertainment – Hullaballoo Outreach, Totara North

b)    Paihia Red Cross

c)    Towai Makers Market

In Favour:       Belinda Ward, Lane Ayr, Manuela Gmuer-Hornell, Bruce Mills, Frank Owen and Manuwai Wells

Against:           Nil

Abstained:       Rachel Smith

Carried

8            Information Reports

8.1         Community and Customer Services Activities - 6 Monthly Report

Agenda item 8.1 document number A3554072, pages 46 - 57 refers.

Resolution  2022/8

Moved:       Member Frank Owen

Seconded:  Member Lane Ayr

That the Bay of Islands-Whangaroa Community Board receive the report Community and Customer Services Activities - 6 Monthly Report.

In Favour:       Belinda Ward, Lane Ayr, Manuela Gmuer-Hornell, Bruce Mills, Frank Owen and Manuwai Wells

Against:           Nil

Abstained:       Rachel Smith

Carried

 

8.2         Bay of Islands-Whangaroa Community Board Action Sheet Update February 2022

Agenda item 8.2 document number A3559342, pages 58 - 67 refers.

Resolution  2022/9

Moved:       Member Manuela Gmuer-Hornell

Seconded:  Member Frank Owen

That the Bay of Islands-Whangaroa Community Board;

a)    receive the report Bay of Islands-Whangaroa Community Board Action Sheet Update February 2022; and

Moved:       Member Manuela Gmuer-Hornell

Seconded:  Member Lane Ayr

b)    that, as a result of consultation with the Russell Community thus far, the Bay of Islands-Whangaroa Community Board approve the cost of procurement up to $15000 for concept drawings for The Strand, Russell, from the Bay of Islands - Whangaroa Community Board placemaking funds.

In Favour:       Belinda Ward, Lane Ayr, Manuela Gmuer-Hornell, Bruce Mills, Frank Owen and Manuwai Wells

Against:           Nil

Abstained:       Rachel Smith

Carried

Member Frank Owen left the meeting 12:02 pm

Members Lane Ayer and Bruce Mills left the meeting 12:11 pm.

 

The meeting was closed with a karakia.

8            tE kAPINGA hUI / Meeting Close

The meeting closed at 12:36 pm.

 

The minutes of this meeting will be confirmed at the Bay of Islands-Whangaroa Community Board Meeting held on 3 March 2022.

 

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

CHAIRPERSON


Ordinary Council Meeting Agenda

24 February 2022

 

   MINUTES OF
Kaikohe-Hokianga Community Board Meeting
HELD VIRTUALLY VIA MICROSOFT TEAMS
ON
Friday, 4 February 2022 AT 10:30 am

 

PRESENT:              Chairperson Mike Edmonds, Member Emma Davis, Member Louis Toorenburg, Member Kelly van Gaalen, Member Alan Hessell, Member Laurie Byers, Member John Vujcich, Member Moko Tepania

1            NGā WHAKAPāHA ME NGā PāNGA MEMA / Apologies and conflicts of Interest

There were no apologies or declarations of interest.

2            Te wāhanga tūmatanui / Public Forum

·     Ginni Ryan – Coastal erosion, water tanks and heavy traffic in Rawene.

3            Ngā Tono KŌrero / Deputations

There were no deputations.

4            ngā kaikōrero / Speakers

Funding Applicants:

·     Peter Mcraith, June Hicks, Ana Belz and Linda Lunjevich representing Broadwood/Mangonui o Wai. Item 7.5 f) refers.

·     Rene De Vries and Craig Joiner – representing Hokianga Sailing Club. Item 7.5 a) refers.

5            Confirmation of Previous Minutes

5.1         Confirmation of Previous Minutes

Agenda item 6.1 document number A3538453, pages 12 - 18 refers.

Resolution  2022/1

Moved:       Chairperson Mike Edmonds

Seconded:  Member Louis Toorenburg

That the Kaikohe-Hokianga Community Board confirms the minutes of their meeting held 8 December 2021 as a true and correct record.

Carried

6            Reports

6.1         Kaikohe-Hokianga Statement of Community Board Fund Account as at 31 December 2021

Agenda item 7.1 document number A3557022, pages 19 - 22 refers.

Resolution  2022/2

Moved:       Member John Vujcich

Seconded:  Member Laurie Byers

That the Kaikohe-Hokianga Community Board receives the report Kaikohe-Hokianga Statement of Community Board Fund Account as at 31 December 2021.

In Favour:       Mike Edmonds, Emma Davis, Louis Toorenburg, Kelly van Gaalen, Alan Hessell, Laurie Byers, John Vujcich and Moko Tepania

Against:           Nil

Carried

 

6.2         Kaikohe-Hokianga Statement of Financial Performance Activities by Ward for the period ending 31 December 2021

Agenda item 7.2 document number A3557067, pages 23 - 25 refers.

Resolution  2022/3

Moved:       Member Alan Hessell

Seconded:  Member John Vujcich

That the Kaikohe-Hokianga Community Board receives the report Kaikohe-Hokianga Statement of Financial Performance Activities by Ward for the period ending 31 December 2021

In Favour:       Mike Edmonds, Emma Davis, Louis Toorenburg, Kelly van Gaalen, Alan Hessell, Laurie Byers, John Vujcich and Moko Tepania

Against:           Nil

Carried

 

The meeting adjourned 12:02 to 12:05 pm

 

6.3         Resolution to exclude the public

Resolution  2022/4

Moved:       Member Moko Tepania

Seconded:  Chairperson Mike Edmonds

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

7.5 – Funding Applications

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons.

 s7(2)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority.

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.

Carried

 

6.4         Motion to Move out of Closed meeting in to open meeting

Resolution  2022/5

Moved:       Member Moko Tepania

Seconded:  Member Emma Davis

That the Kaikohe-Hokianga Community Board moves out of closed meeting into open meeting.

Carried

 

6.5         Funding Applications

Agenda item 7.3 document number A3549200, pages 26 - 66 refers

Resolution  2022/6

Moved:       Chairperson Mike Edmonds

Seconded:  Member Alan Hessell

That the Kaikohe Hokianga Community Board:

a)      declines the funding application received from Hokianga Sailing Club for the tar sealing of the accessway for the Sailing Club and Hokianga Gym and suggests the Hokianga Sailing Trust make a submission during the next Long Term Plan submission process with support from the Kaikohe-Hokianga Community Board Strategic Planning process.

CARRIED

b)      approves the sum of $758.00 (plus GST if applicable) be paid from the Board’s Community Fund account to Manāki Tinana Trust for the purchase of a laptop to support the following Community Outcomes:

i)       Proud, vibrant communities

ii)      Communities that are healthy, safe, connected and sustainable.

CARRIED

c)      approves the request from Manāki Tinana Trust to extend the project timeframe for the funding that was allocated in February 2020 for hiring the Rawene Town Hall for weekly exercise sessions.

CARRIED

Moved:       Member Kelly van Gaalen

Seconded:  Member Emma Davis

d)      approves the sum of $1,650 (plus GST if applicable) be paid from the Board’s Community Fund account, for 2022/23, to Rob Pink for the purchase, transportation and installation of sand for the Clendon Esplanade beach, to support the following Community Outcomes:

i)       Proud, vibrant communities

ii)      Communities that are healthy, safe, connected and sustainable.

noting that sand must be deposited landward side of the Mean High Water Springs line (MHWS). Sand is not to be deposited in the Coastal Marine Area without attaining consent from the Northland Regional Council.

CARRIED

e)      approves the request from Pioneer Village Kaikohe to roll over the $1,500 that was allocated for the costs of the 2021 Halloween Party to now be used for the 2022 Halloween Party.

CARRIED

f)       declines the sum of $56,041.80 (plus GST if applicable) be paid from the Board’s Placemaking Fund account to June Hicks for the completion of the Broadwood Bridge Feasibility Study to support the following Community Outcomes:

i)       Proud, vibrant communities

ii)      Communities that are healthy, safe, connected and sustainable.

CARRIED

Moved:       Chairperson Mike Edmonds

Seconded:  Member Louis Toorenburg

g)      authorise $5,000 from the Boards Placemaking Fund, towards placement of barriers for the protection of the Opononi Pohutukawa trees, following the resolution 2021/94, Item 8.1 Pohutukawa Trees – Opononi made at their meeting 8 December 2021.

CARRIED

h)      grant the sum of $20,000 to AKAU for a masterplan of Mangamuka from the Boards Placemaking Fund.

CARRIED

Moved:       Member Louis Toorenburg

Seconded:  Member Alan Hessell

i)       That the Kaikohe-Hokianga Community Board work closely with Council and the Broadwood Community with regard to the plan for the Broadwood Bridge.

CARRIED

Member John Vujcich left the meeting 12:23 pm.

In Favour:       Mike Edmonds, Emma Davis, Louis Toorenburg, Kelly van Gaalen, Alan Hessell, Laurie Byers and Moko Tepania

Against:           Nil

Carried

7            Information Reports

7.1         Community and Customer Service Activities - 6 Monthly Report

Agenda item 8.1 document number A3555152, pages 67 - 75 refers.

Resolution  2022/7

Moved:       Member Moko Tepania

Seconded:  Member Alan Hessell

That the Kaikohe-Hokianga Community Board receive the report Community and Customer Service Activities - 6 Monthly Report.

In Favour:       Mike Edmonds, Emma Davis, Louis Toorenburg, Kelly van Gaalen, Alan Hessell, Laurie Byers, John Vujcich and Moko Tepania

Against:           Nil

Carried

 

7.2         Kaikohe-Hokianga Community Board Action Sheet Update January 2022

Agenda item 8.2 document number A3555904, pages 76 - 78 refers

Resolution  2022/8

Moved:       Member John Vujcich

Seconded:  Member Louis Toorenburg

That the Kaikohe-Hokianga Community Board receive the report Kaikohe-Hokianga Community Board Action Sheet Update January 2022.

In Favour:       Mike Edmonds, Emma Davis, Louis Toorenburg, Kelly van Gaalen, Alan Hessell, Laurie Byers, John Vujcich and Moko Tepania

Against:           Nil

Carried

The Board requested the minutes record the following requests following comments reported on their Action Sheet.

·     Footpaths to be followed up and an updated list of footpaths be provided to the Board as soon as possible.

·     That a workshop on Footpaths be held after the Kaikohe-Hokianga Community Board April meeting.

8            tE kAPINGA hUI / Meeting Close

The meeting closed at 12.37 pm.

 

The minutes of this meeting will be confirmed at the Kaikohe-Hokianga Community Board Meeting held on 2 March 2022.

 

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

CHAIRPERSON


Ordinary Council Meeting Agenda

24 February 2022

 

MINUTES OF
Te Hiku Community Board Meeting
HELD AT THE
Virtually via Microsoft Teams
ON
Tuesday, 15 February 2022 AT 10:03 am

 

PRESENT:              Chairperson Adele Gardner, Member Jaqi Brown, Member Darren Axe, Member Sheryl Bainbridge, Member John Stewart, Member William (Bill) Subritzky, Member Felicity Foy.

IN ATTENDANCE: Shaun Clarke (Chief Executive).

1            Karakia Timatanga / Opening Prayer

Chair Adele Gardner commenced the meeting and Member Jaqi Brown opened with a karakia.

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

·   Member John Stewart declared a conflict regarding item 7.2 Funding Applications.

·   Member Felicity Foy arrived at 10:07 am.

3            Te wāhanga tūmatanui / Public Forum

·   Manuera Riwai – requested Community Board support for an extension of the Tangonge Park lease.

·   Julie Gordon – requests the Community Board include a footpath at Waterfront Road Pukenui.

4            Ngā Tono KŌrero / Deputations

·   Mark Osbourne – Mangonui Waterfront development.

5            ngā kaikōrero / Speakers

There were no speakers.

6            Confirmation of Previous Minutes

6.1         Confirmation of Previous Minutes

Agenda item 6.1 document number A3538546, pages 12 - 18 refers.

Resolution  2022/1

Moved:       Chairperson Adele Gardner

Seconded:  Member Darren Axe

That Te Hiku Community Board agrees that the minutes of the meeting held 7 December 2021 be confirmed as a true and correct record with the following amendment.

·   Kaitaia Carparks – removal of 1 carpark outside Riders Sports Store and 1 from Gecko Café

In Favour:       Adele Gardner, Jaqi Brown, Darren Axe, Sheryl Bainbridge, John Stewart, William (Bill) Subritzky and Felicity Foy

Against:           Nil

Carried

7            Reports

7.1         Chairperson and Members Reports

Agenda item 7.1 document number A3573843, pages 19 - 28 refers.

Resolution  2022/2

Moved:       Chairperson Adele Gardner

Seconded:  Member William (Bill) Subritzky

That the Te Hiku Community Board note the reports from Chairperson Adele Gardner, Deputy Chairperson Jaqi Brown and Members Darren Axe, Sheryl Bainbridge, John Stewart and Bill Subritzky.

In Favour:       Adele Gardner, Jaqi Brown, Darren Axe, Sheryl Bainbridge, John Stewart, William (Bill) Subritzky and Felicity Foy

Against:           Nil

Carried

 

7.2         Funding Applications

Agenda item 7.2 document number A3535883, pages 29 - 38 refers.

Motion

Moved:       Member Darren Axe

Seconded:  Member William (Bill) Subritzky

That Te Hiku Community Board approves the sum of $2,391 (plus GST in applicable) be paid from the Board’s Community Fund account to Kaitaia and Districts A&P Association for costs to printing of the outdoor/indoor booklets and purchase of the ribbons for the 2022 Kaitaia A&P show, to support the following community Outcomes:

i)        Proud, vibrant communities

Amendment

Moved:       Chairperson Adele Gardner

Seconded:  Member Darren Axe

That Te Hiku Community Board approves the sum of $500.00 (plus GST if applicable) be paid from the Board’s Community Fund account to Kaitaia and Districts A&P Association for costs to support the 2022 Kaitaia A&P show should it go ahead, to support the following community Outcomes:

i)        Proud, vibrant communities

In Favour:       Crs Adele Gardner, Darren Axe, Sheryl Bainbridge, William (Bill) Subritzky and Felicity Foy

Against:           Cr Jaqi Brown

Abstained:       Cr John Stewart

carried

The amendment became the substantive motion.

 

Resolution  2022/3

Moved:       Chairperson Adele Gardner

Seconded:  Member Darren Axe

That Te Hiku Community Board approves the sum of $500.00 (plus GST if applicable) be paid from the Board’s Community Fund account to Kaitaia and Districts A&P Association for costs to support the 2022 Kaitaia A&P show should it go ahead, to support the following community Outcomes:

ii)         Proud, vibrant communities

In Favour:       Adele Gardner, Darren Axe, Sheryl Bainbridge, William (Bill) Subritzky and Felicity Foy

Against:           Jaqi Brown

Abstained:       John Stewart

Carried

Member Stewart declared a conflict of interest, as he provided a quote for this application.

 

7.3         Project Funding Reports

Agenda item 7.3 document number A3567947, pages 39 - 43 refers.

Resolution  2022/4

Moved:       Member Jaqi Brown

Seconded:  Member William (Bill) Subritzky

That Te Hiku Community Board note the project reports received from Northland Area Floral Art Society.

In Favour:       Adele Gardner, Jaqi Brown, Darren Axe, Sheryl Bainbridge, John Stewart, William (Bill) Subritzky and Felicity Foy

Against:           Nil

Carried

 

7.4         Te Hiku Statement of Community Board Fund Account as at 31 December 2021

Agenda item 7.4 document number A3569988, pages 44 - 47 refers.

Resolution  2022/5

Moved:       Chairperson Adele Gardner

Seconded:  Member Darren Axe

That the Te Hiku Community Board receive the report Te Hiku Statement of Community Board Fund Account as at 31 December 2021.

In Favour:       Adele Gardner, Jaqi Brown, Darren Axe, Sheryl Bainbridge, John Stewart, William (Bill) Subritzky and Felicity Foy

Against:           Nil

Carried.

8            Information Reports

8.1         Te Hiku Statement of Financial Performance Activities by Ward for the period ending 31 December 2021

Agenda item 8.1 document number A3570023, pages 48 - 50 refers.

Resolution  2022/6

Moved:       Member William (Bill) Subritzky

Seconded:  Member Darren Axe

That the Te Hiku Community Board receives the report Te Hiku Statement of Financial Performance Activities by Ward for the period ending 31 December 2021.

In Favour:       Adele Gardner, Jaqi Brown, Darren Axe, Sheryl Bainbridge, John Stewart, William (Bill) Subritzky and Felicity Foy

Against:           Nil

Carried

 

8.2         Community and Customer Services Activities - 6 Monthly Report

Agenda item 8.2 document number A3568576, pages 51 - 59 refers.

Resolution  2022/7

Moved:       Chairperson Adele Gardner

Seconded:  Member Jaqi Brown

That the Te Hiku Community Board receive the report Community and Customer Services Activities - 6 Monthly Report.

In Favour:       Adele Gardner, Jaqi Brown, Darren Axe, Sheryl Bainbridge, John Stewart, William (Bill) Subritzky and Felicity Foy

Against:           Nil

Carried

 

8.3         Te Hiku Community Board Action Sheet Update January 2022

Agenda item 8.3 document number A3564934, pages 60 - 63 refers.

Resolution  2022/8

Moved:       Member Jaqi Brown

Seconded:  Member William (Bill) Subritzky

That the Te Hiku Community Board receive the report Te Hiku Community Board Action Sheet Report Update January 2022.

In Favour:       Adele Gardner, Jaqi Brown, Darren Axe, Sheryl Bainbridge, John Stewart, William (Bill) Subritzky and Felicity Foy

Against:           Nil

Carried

 

8.4         Tangonge Reserve Lease

Resolution  2022/9

Moved:       Chairperson Adele Gardner

Seconded:  Member Darren Axe

That the Te Hiku Community Board request a report from District Services regarding the status of the existing lease for Tangonge Reserve, formerly the Kaitaia soccer field.

In Favour:       Adele Gardner, Jaqi Brown, Darren Axe, Sheryl Bainbridge, John Stewart, William (Bill) Subritzky and Felicity Foy

Against:           Nil

Carried

 

8.5         Mangonui Wharf Proposed Work

Resolution  2022/10

Moved:       Member Sheryl Bainbridge

Seconded:  Chairperson Adele Gardner

That the Te Hiku Community Board support, in principle, the expanded scope for the Mangonui Wharf as presented to the Board by Mark Osbourne.

In Favour:       Adele Gardner, Jaqi Brown, Darren Axe, Sheryl Bainbridge, John Stewart, William (Bill) Subritzky and Felicity Foy

Against:           Nil

Carried

 

The meeting was closed with a karakia.

9            tE kAPINGA hUI / Meeting Close

The meeting closed at 12:04 pm.

 

The minutes of this meeting will be confirmed at the Te Hiku Community Board Meeting held on 29 March 2022.

 

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

CHAIRPERSON

 


Ordinary Council Meeting Agenda

24 February 2022

 

7.6         Council Action Sheet Update February 2022

File Number:           A3578430

Author:                    Casey Gannon, Meetings Administrator

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

Take Pūrongo / Purpose of the Report

To provide Council with an overview of outstanding Council decisions from 1 January 2020.

WhakarĀpopoto matua / Executive Summary

·      Council staff have reintroduced action sheets as a mechanism to communicate progress against Council decisions and confirm when decisions have been implemented.

·      The focus of this paper is on Council decisions.

·      Action sheets are also in place for Committees and Community Boards.

tŪtohunga / Recommendation

That Council receive the report Action Sheet Update February 2022.

 

1) TĀhuhu kŌrero / Background

The Democracy Services Team have been working on a solution to ensure that elected members can receive regular updates on progress against decisions made at meetings, in alignment with a Chief Executive Officer key performance indicator.

Action sheets have been designed as a way to close the loop and communicate with elected members on the decisions made by way of resolution at formal meetings.

Action sheets are not intended to be public information but will provide updates to elected members, who, when appropriate can report back to their communities and constituents.

Officers recognise that the action sheet format is not yet fully meeting the expectations of the elected members.  This is a system generated report over which officers have no current ability to change the format.  Discussions are underway with the software provider to assess costs of a customisation option for these reports to make them bespoke to our council requirements.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The outstanding tasks are multi-facet projects that take longer to fully complete.

The Democracy Services staff are working with staff to ensure that the project completion times are updated so that action sheets provided to members differentiate between work outstanding and work in progress.

Take Tūtohunga / Reason for the recommendation

To provide Council with an overview of outstanding Council decisions from 1 January 2020.

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

There are no financial implications or need for budgetary provision in receiving this report.

Āpitihanga / Attachments

1.       ACTION SHEET - Council Meeting 24 February 2022 - A3585944  

  


Ordinary Council Meeting Agenda

24 February 2022

 

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Ordinary Council Meeting Agenda

24 February 2022

 

 


Ordinary Council Meeting Agenda

24 February 2022

 

8            TE WĀHANGA TūMATAITI / Public Exclude

 

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

8.1 - Confirmation of Previous Minutes - Public Excluded

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

8.2 - Committee Public Excluded Resolutions - February 2022

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

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)

s7(2)(j) - the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage

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

8.3 - Milford Island - Out of Policy Rate Remission Request

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

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

8.4 - 8A Matthews Avenue

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(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

 

 

 

 

 


Ordinary Council Meeting Agenda

24 February 2022

 

 

9            Karakia Whakamutunga / Closing Prayer

 

10          Te Kapinga Hui / Meeting Close



[1] Business and Economic Research Ltd (BERL) forecast the LGCI for the Local Government Sector in New Zealand each year. The forecast for 2022-23 is currently 2.3%.