Ordinary Council Meeting Minutes

14 March 2024

MINUTES OF Far North District Council
Ordinary Council Meeting
HELD AT THE Council Chamber, Memorial Ave, Kaikohe
ON Thursday, 14 March 2024 AT 10:00am

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

IN ATTENDANCE: Chicky Rudkin (Chairperson Kaikohe-Hokianga Community Board), Adele Gardner (Chairperson Te Hiku Community Board).

STAFF PRESENT: Roger Ackers (Group Manager – Policy and Planning), Tanya Proctor (Head of Infrastructure Strategy), Jonathan Slavich (Chief Financial Officer - Financial Services), Kevin Johnson (Group Manager - Delivery and Operations), Margriet Veenstra (Group Manager - Corporate Services), Jacine Warmington (Group Manager - Strategic Relationships), Guy Holroyd (Chief Executive Officer), Carla Ditchfield (Manager - Legal Services), Donald Sheppard (Policy Advisor), Rebecca Rowsell, (Senior Solicitor – Legal Services), Briar Macken (Manager - Strategy& Policy), Tammy Wooster (Manager – Integrated Planning), Nadine Hopkins (Senior Policy Advisor – Planning and Policy), Trent Blakeman (Manager – Building Services), Tania Steen (Manager – Property and Facilities Management), Michelle Rockell (Team Leader – Property Management), Ellie Greenwood (Democracy Advisor – Democracy Services), Imrie Dunn (Democracy Advisor – Democracy Services), Casey Gannon (Manager – Democracy Services).

1            Karakia Timatanga / Opening Prayer

Kahika/Mayor Moko Tepania commenced the meeting with a prayer at 10.05am.

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

Apology

Resolution  2024/16

Moved:       Kahika - Mayor Moko Tepania

Seconded:  Kōwhai - Deputy Mayor Kelly Stratford

That the apology received from Crs McNally and Kleskovich be accepted for lateness and an apology for Chairperson Belinda Ward be accepted and leave of absence be granted.

Carried

At 10:08 am, Cr Steve McNally joined the meeting.

At 10:28 am, Cr Penetaui Kleskovic joined the meeting.

3            ngā tono kōrero / Deputation

- Fiona King regarding Drainage Committee updates (virtual).

- Gary Lees representing the Mangōnui Cemetery Committee.

- Rhonda Kite representing Te Hiku Basketball & Recreation Centre Trust regarding PX agenda item 8.2 (deputation heard virtually in Public Excluded)

Documents Tabled During Deputation

Attachments tabled at meeting

1     Mangōnui Cemetery Deputation Docs - 14 Mar 24

4            NGĀ KŌRERO A TE kahika / MAYORAL ANNOUNCEMENTS

- In the Māramataka Māori today is Okoro moon phase.

- Mangamuka Gorge and Brynderwyns closed making travel hard, however the Far North has been humming and it has been great to see so many events such as the Mangōnui Waterfront Festival, Cruz’n the Bays and the Snapper Bonanza. Thank you to all of the organisers.  

- Please note, this meeting is being recorded and agendas are available online. Also, a reminder that we have a 360 camera that picks up sounds and focuses on that sound.

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

5.1         Confirmation of Previous Minutes

Agenda item 5.1 document number A4578086, pages 6 - 17 refers.

Resolution  2024/17

Moved:       Cr Tāmati Rākena

Seconded:  Cr John Vujcich

That Council confirm the minutes of the Ordinary Council meeting held 08 February 2024 as a true and correct record.

Carried

5.2         Community Board Minutes - February 2024

Agenda item 7.1 document number A4578218, pages 142 - 162 refers.

Resolution  2024/18

Moved:       Kahika - Mayor Moko Tepania

Seconded:  Cr Ann Court

That Council note the following Community Board minutes:

·        13 February 2024 Te Hiku Community Board;

·        19 February 2024 Extraordinary Te Hiku Community Board;

·        15 February 2024 Bay of Islands-Whangaroa Community Board; and

·        16 February 2024 Kaikohe-Hokianga Community Board.

Carried

6            Ngā Pūrongo / Reports

At 10:57 am, Cr Tāmati Rākena left the meeting.

At 11:01 am, Cr Tāmati Rākena returned to the meeting.

The meeting was adjourned from 11.06am to 11.19am.

6.1         Options Analysis for Financial Contributions

Agenda item 6.1 document number A4528387, pages 18 - 60 refers.

Resolution  2024/19

Moved:       Cr Felicity Foy

Seconded:  Kōwhai - Deputy Mayor Kelly Stratford

That Council approve the development of a draft financial contributions chapter.

Carried

Cr Ann Court declared a conflict of interest in relation to item 6.2 and abstained from the vote.

6.2         Appointment for Rangitane Maritime Development Expert Consenting Panel

Agenda item 6.5 document number A4606631, pages 122 – 126 refers.

resolution 2024/20

Moved:       Kahika - Mayor Moko Tepania

Seconded:  Cr Hilda Halkyard-Harawira

That Far North District Council nominate Cr Felicity Foy to be considered as a panel member on the Rangitane Maritime Development Expert Consenting Panel.

In Favour:       Kahika Moko Tepania, Crs Hilda Halkyard-Harawira, Penetaui Kleskovic, Steve McNally and John Vujcich

Against:           Kōwhai Kelly Stratford and Cr Mate Radich

Abstained:       Crs Ann Court, Felicity Foy, Babe Kapa and Tāmati Rākena

carried 5/2

Note: Kōwhai Kelly Stratford removed her name to be considered as a panel member.

Cr Ann Court declared a conflict in relation to item 6.3, due to her role as Chairperson of the District Licencing Committee and abstained from the vote.

6.3         Alcohol Control Bylaw Continuation

Agenda item 6.2 document number A4571868, pages 61 - 105 refers.

Resolution  2024/21

Moved:       Cr Steve McNally

Seconded:  Kōwhai - Deputy Mayor Kelly Stratford

That Council

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

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

Carried

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

Agenda item 6.3 document number A4578261, pages 106 - 114 refers.

Resolution  2024/22

Moved:       Kahika - Mayor Moko Tepania

Seconded:  Cr John Vujcich

That Council:

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

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

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

Carried

Abstained:  Cr Hilda Halkyard-Harawira

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

Agenda item 6.4 document number A4581251, pages 115 – 121 refers.

Resolution  2024/23

Moved:       Kahika - Mayor Moko Tepania

Seconded:  Cr Penetaui Kleskovic

That Council:

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

The terms of the proposed lease shall be:

Term: 15 Years (5+5+5)

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

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

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

Carried

6.6         Committee Recommendations and Resolutions - February 2024

Agenda item 6.6 document number A4590953, pages 127 - 141 refers.

Resolution  2024/24

Moved:       Kahika - Mayor Moko Tepania

Seconded:  Kōwhai - Deputy Mayor Kelly Stratford

That Council acknowledge the request from the Te Kuaka – Te Ao Māori Committee and note an elected member workshop where the Chair or Te Kuaka - Te Ao Māori committee was present held has confirmed that this item does not need to be included in the LTP consultation document and options to address rating debt is within CEO delegations.

Carried

7            Ngā Pūrongo Taipitopito / Information Reports

7.2         Council Open Resolutions Update March 2024

Agenda item 7.2 document number A4578222, pages 163 - 178 refers

Resolution  2024/25

Moved:       Kahika - Mayor Moko Tepania

Seconded:  Cr Tāmati Rākena

That Council receive the report Council Open Resolution Update March 2024.

Carried

7.3         Mayor and Councillor's Reports

Agenda item 7.3 document number A4592501, pages 179 - 229 refers

Resolution  2024/26

Moved:       Kahika - Mayor Moko Tepania

Seconded:  Cr John Vujcich

That Council note the reports submitted by Kahika Mayor Moko Tepania, Kōwhai Kelly Stratford, Crs Hilda Halkyard- Harawira and Ann Court.

Carried

The meeting was adjourned from 12.01pm to 12.40pm for lunch.

8            te wāhanga tūmataiti / Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2024/27

Moved:       Kahika - Mayor Moko Tepania

Seconded:  Cr Babe Kapa

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)(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 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 - 11 Matthews Ave, Kaitaia	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
8.3 - Solid Waste Services Contract Award	s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
8.4 - Community Facilities Operations and Maintenance Contract Award	s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
8.5 - John Butler Centre Far North District Council Lease Renewal	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
8.6 - Committee Recommendations and Resolutions - February 2024	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 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
8.7 Te Huia Executive Review Committee Employment Matters	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

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

- Rhonda Kite, representing Te Hiku Recreation Centre Trust be allowed to speak as a Deputation in Public Excluded regarding item 8.2

- Ewen Skinner, Director, Morrison Low as a subject expert on item 8.3 and 8.4

- Karen Lam, Senior Consultant, Morrison Low as a subject expert on item 8.3 and 8.4

- Bill Inglis, Principal Advisor, McHale Group as a subject expert on item 8.3 and 8.4

- Linda Cook, Senior Consultant, Morrison Low as a subject expert on item 8.4

Carried

At the conclusion of the public excluded part of the meeting Council confirmed the decisions contained in the part of the meeting held with public excluded be restated as follows:

8.6 Committee Reccomendations and Resolutions – February 2024 – decision released but financial information redacted

That Council approve up to $REDACTED be allocated to fund the installation of barrier around Peria Falls.

9            Karakia Whakamutunga / Closing Prayer

At 4.07pm Kahika-Mayor Moko closed the meeting with a Karakia.

10          Meeting Close

The meeting closed at 4.07pm.

The minutes of this meeting will be confirmed at the Ordinary Council Meeting held on 11 April 2024.

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CHAIRPERSON