Agenda of Ordinary Council Meeting - Thursday, 11 July 2024

Ordinary Council Meeting Agenda

11 July 2024

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

5.1 Confirmation of Previous Minutes

File Number: A4765022

Author: Marysa Maheno, Democracy Advisor

Authoriser: Aisha Huriwai, Manager - Democracy Services

Take Pūrongo / Purpose of the Report

The minutes are attached to allow Council to confirm that the minutes are a true and correct record

of previous meetings.

tŪtohunga / Recommendation

That Council confirm the minutes of the Council meeting held 13 and 26 June 2024 as true and correct record.

1) TĀhuhu kŌrero / Background

Local Government Act 2002 Schedule 7 Section 28 states that a local authority must keep minutes

of its proceedings. The minutes of these proceedings duly entered and authenticated as prescribed

by a local authority are prima facie evidence of those meetings.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The minutes of the meetings are attached.

Far North District Council Standing Orders Section 27.3 states that no discussion shall arise on the

substance of the minutes in any succeeding meeting, except as to their correctness.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

The reason for the recommendation is to confirm the minutes are a true and correct record of the

previous meetings.

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

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

Āpitihanga / Attachments

1. 2024-06-13 Council Minutes - A4744885 ⇩

2. 2024-06-26 Extraordinary Council Minutes - A4765276 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This is a matter of low significance.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	This report complies with the Local Government Act 2002 Schedule 7 Section 28.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	It is the responsibility of each meeting to confirm their minutes therefore the views of another meeting are not relevant.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	There are no implications for Māori in confirming minutes from previous meeting. Any implications on Māori arising from matters included in meeting minutes should be considered as part of the relevant report.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	This report is asking for minutes to be confirmed as true and correct record, any interests that affect other people should be considered as part of the individual reports.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications or the need for budgetary provision arising from this report
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Ordinary Council Meeting Agenda

11 July 2024

6 Ngā Pūrongo / Reports

6.1 District Licensing Committee Appointment - New List Member and Commissioner

File Number: A4725541

Author: Katie Waiti-Dennis, Manager - Quality

Authoriser: Kevin Johnson, Group Manager - Delivery and Operations

Take Pūrongo / Purpose of the Report

To appoint a new list member to the Far North District Licensing Committee (DLC).

WhakarĀpopoto matua / Executive Summary

· This report recommends the appointment of Graeme Wright as a new list member to the District Licensing Committee.

· This report also recommends the appointment of John Thorne as a Commissioner/Chairperson in the District Licensing Committee.

· The Council currently has a pool of five District Licensing Committee list members, including one elected member, Councillor Ann Court appointed as Chairperson of District Licensing Committee B and Commissioner Murray Clearwater appointed as Chairperson of District Licensing Committee A.

· With only five list members available, the District Licensing Committee may struggle to form a quorum to hold a hearing.

· The contract for the new list member will align with the current District Licensing Committee members contracts which are due to expire 19 December 2025.

· Council approval is required to add a new list member and Commissioner/Chairperson to the District Licensing Committee.

tŪtohunga / Recommendation

That Council:

i) Appoint Graeme Wright as a list member in the District Licensing Committee pool; and

ii) Agree that the term of appointment of Graeme Wright will be until 19 December 2025 to coincide with the current District Licensing Committee members contracts; and

iii) Appoint John Thorne as a Commissioner/Chairperson in the District Licensing Committee; and

iv) John Thorne’s current tenure in the District Licensing Committee will remain unchanged. John Thorne’s current contract is due to expire 19 December 2025.

1) TĀhuhu kŌrero / Background

Under the Sale and Supply of Alcohol Act 2012 (the Act), each council must have at least one District Licensing Committee (DLC) to consider alcohol licensing matters in its area.

As per section 200(1) of the Act, a DLC is a committee of Council and is administered by the Council. A DLC is an independent inquisitorial and impartial body and operates differently from all other Council committees. A key difference is that in DLC hearings the parties have the right to call witnesses or be heard. In addition, DLC’s are not required to publicise or run their meetings in the same way as other Council committees.

The Far North DLC was established in 2013 to meet the requirements of the new Act. Council’s current committee members are:

· Chairperson A – Commissioner Murray Clearwater

· Chairperson B – Councillor Ann Court

· Member – Martin Macpherson

· Member – Lisa McNab

· Member – John Thorne

As per Resolution 2024/36 from the Council meeting on 11 April 2024, a change was made to the structure of the DLC. Councillor Court stepped aside as the lead chair, and Commissioner Clearwater stepped in as the lead chair. The DLC still has two Chairpersons available (Commissioner Clearwater and Councillor Court), however Commissioner Clearwater is the lead chair. This means that all applications, by default, are sent to Commissioner Clearwater for consideration.

The current committee member contracts are due to expire on 19 December 2025.

DLC members are required to have experience relevant to alcohol licensing matters as prescribed in section 192 of the Act. Graeme Wright is a retired Police Officer and Alcohol Harm Prevention Officer located in Kerikeri. Graeme Wright is keen and available to be appointed as a list member on the DLC.

Recently, a situation arose where we were almost unable to form a quorum. Two list members had indicated that they were unavailable for a hearing. The remaining three list members planned to appear; however, one fell sick and was unsure whether they could attend. Fortunately, the member attended anyway, and quorum was met so the hearing could proceed.

The recommendation to appoint current DLC member John Thorne as Commissioner/Chairperson in the DLC will increase capacity within the DLC to determine applications.

This recent situation prompted a request from Commissioner Clearwater to increase capacity within the DLC, which is supported by Councillor Court.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The DLC decide applications for:

· New and renewal applications for on-, off- and club licences

· Special licences

· New and renewal applications for manager’s certificates

· Opposed acting or temporary appointments of managers

· Variation of licence conditions

· Temporary authorities and temporary licences

· Orders to vary, revoke, suspend or cancel a special licence.

Composition of the DLC

A DLC must be made up of (Quorum of three):

· A Chairperson who is an elected member of the territorial authority, or a commissioner appointed by the Chief Executive of the territorial authority;

· Plus, two committee members.

Pre-requisites of a DLC list member

The only qualifications for approved committee members are that they have relevant experience within the alcohol industry, and that they can perform their duties as a committee member without bias or the appearance of bias. It is also essential that all DLC Members are familiar with basic te reo (language), pronunciation, and tikanga (customs).

A DLC member can resign at any time and can be removed for inability to perform functions, neglect, bankruptcy, or misconduct.

Refer to Attachment 1 for good practice guidance on essential and desirable knowledge, skills, and experience for DLC Chairs and commissioners.

Council is responsible for resourcing and supporting DLC’s so that they can fulfil their obligations under the Act effectively and therefore new and existing DLC members will be offered relevant training during their term.

Legislation

The legislation relevant to this discussion from the Sale and Supply of Alcohol Act 2012 is listed below:

189 Composition of licensing committees

(1) Each licensing committee consists of 3 members appointed by the territorial authority for that territorial authority’s district.

(2) A territorial authority must appoint 1 member as the chairperson and that person must be a member of that territorial authority or a commissioner appointed to the licensing committee.

(3) A territorial authority may appoint a member of that territorial authority to be deputy chairperson, and act in place of the chairperson if the chairperson is unable to act because of illness or absence from New Zealand, or for other sufficient reason.

(4) While acting in place of the chairperson, the deputy chairperson is a member of the committee and has all the powers and duties of the chairperson.

(5) No act done by the deputy chairperson serving as acting chairperson in the chairperson’s absence, and no acts done by the committee while the deputy chairperson is so serving, can in any proceedings be questioned on the ground that the occasion for his or her so serving had not arisen or had ceased.

(6) The other 2 members of each licensing committee must be appointed from the territorial authority’s list maintained under section 192.

(7) For the purposes of subsection (2), a member of a territorial authority means an elected member of a territorial authority and, in relation to the Auckland Council, includes a member of the governing body (as defined in section 4 of the Local Government (Auckland Council) Act 2009) or a member of a local board established under section 10 of that Act.

191 Quorum

(1) Except as provided in subsection (2), at any meeting of a licensing committee, the quorum necessary is 3 members.

(2) At a meeting to consider and determine an application of a kind listed in subsection (3) where no objection has been filed and no matters of opposition have been raised under section 103, 129, or 141, the quorum necessary is 1 member who must be the chairperson.

(3) The applications are:

(a) an application for a licence:

(b) an application for a manager’s certificate:

192 Territorial authority to establish and maintain list of licensing committee’s members

(1) A territorial authority must either—

(a) establish, maintain, and publish its own list of persons approved to be members of the territorial authority’s licensing committee or committees; or

(b) together with 1 or more other territorial authorities, establish, maintain, and publish a combined list of persons jointly approved by those authorities to be members of the territorial authorities’ licensing committees.

(2) A territorial authority must not approve a person to be included on the list unless that person has experience relevant to alcohol licensing matters.

(3) A person may be approved for inclusion on the list for a period of up to 5 years and may be approved for any 1 or more further periods of up to 5 years.

(4) The name of a person must be removed from the list—

(a) when 5 years have elapsed since the territorial authority approved the person’s name on the list unless the approval is renewed under subsection (3); or

(b) if the person resigns or is removed under section 194.

(5) A person must not be included on the list if—

(a) the territorial authority believes that person has, directly or by virtue of his or her relationship with another person, such an involvement or appearance of involvement with the alcohol industry that he or she could not perform his or her duties without actual bias or the appearance of bias; or

(b) the person is a constable, a Medical Officer of Health, an inspector, or an employee of the territorial authority.

Option 1 (Preferred Option): The appointment of Graeme Wright as a new DLC list member and John Thorne as a Chairperson in the DLC.

Advantages

Disadvantages

· Adding Graeme Wright as a new member to the DLC list will provide greater capacity and to ensure we can form the required quorum for hearings.

· Graeme Wright has the required experience relevant to alcohol licensing matters.

· Appointing John Thorne as a Commissioner/Chairperson will provide greater capacity and to ensure we can form the required quorum for hearings.

· No disadvantages.

Option 2: Status quo – Maintain the current number of list members (five).

Advantages	Disadvantages
· DLC arrangements will remain the same and unchanged.	· The DLC may struggle to form a quorum to hold a hearing. This could mean that we would have to postpone a hearing which would disadvantage the applicant.

Take Tūtohunga / Reason for the recommendation

Legislation requires that Council appoint DLC members. It is a statutory requirement to have a District Licensing Committee.

This report recommends option 1, as this will provide greater capacity and ensure we can form the required quorum for hearings.

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

DLC member fees have been determined under the Cabinet approved Fees Framework and approved by the Minister of Justice and will be offset by fees and charges which have also been set by the Ministry. Licence application fees, set by Regulation, are intended to cover the costs associated with processing licence applications, which includes DLC functions.

Remuneration of DLC Members

As determined by the Minister of Justice in accordance with the Cabinet fees framework, DLC members will receive the following remuneration:

• Chairperson: $624 per day ($78 per hour for part days)

• Other members: $408 per day ($51 per hour for part days).

DLC members will also be reimbursed for reasonable expenses.

Āpitihanga / Attachments

1. Attachment 1 - Good practice guidance on DLC - A4727687 ⇩

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,

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

o Assess the options in terms of their advantages and disadvantages; and

o 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.

· 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 District Licensing Committee is a legislative requirement requiring that Council appoint new list members to the DLC as required.
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 / Legislative Requirement.
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.	Legislative Requirement.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	N/A.
State the financial implications and where budgetary provisions have been made to support this decision.	There is budgetary provision in the Long Term Plan and the current Annual Plan.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Council Meeting Agenda

11 July 2024

6.2 Te Tai Tokerau Regional Accessibility Strategy

File Number: A4741058

Author: Shayne Storey, Team Leader - Policy & Bylaws

Authoriser: Roger Ackers, Group Manager - Planning & Policy

Take Pūrongo / Purpose of the Report

To seek adoption of Te Tai Tokerau Regional Accessibility Strategy.

WhakarĀpopoto matua / Executive Summary

· In 2019, the Chief Executive Forum proposed a region-wide disability strategy for Northland.

· Te Tai Tokerau Regional Accessibility Strategy is a region-wide strategy developed by Te Kaunihera o Te Hiku o te Ika - Far North District Council, Kaipara District Council, Whangarei District Council and Northland Regional Council.

· The strategy sets out the intentions and direction to make our region more accessible and responsive to residents and visitors with access needs. It is a high-level document that provides guidance across all councils, to be underpinned by implementation plans developed by each individual council.

tŪtohunga / Recommendation

That Council adopt Te Tai Tokerau Regional Accessibility Strategy.

1) TĀhuhu kŌrero / Background

The Chief Executive Forum initially proposed a region-wide disability strategy for Northland in 2019. The purpose of the strategy is to enable people with access needs to live, work, play, visit and participate in our communities in a more inclusive and equitable way. This mahi was reframed as Te Tai Tokerau Regional Accessibility Strategy and work started in 2021.

A cross-council working group, comprising staff representatives from Far North District Council, Kaipara District Council, Northland Regional Council, and Whangarei District Council have developed a high-level plan for the region. This plan will also help guide individual councils to develop their own action or implementation plans.

The engagement process was lengthy and detailed, which produced valuable feedback and insights. The cross-council working group was supported by a community working group made up of people with access needs from across Te Tai Tokerau, including whānau hauā/tāngata whaikaha, as well as representatives from Disability Action Groups. The working group, with support from a facilitator and a Kaiārahi Tikanga Māori, developed the vision, values, guiding principles and focus areas for the core framework. This led to the development of the Strategy Overview, which was used to develop the key goals and actions.

The Chief Executive Forum received the final report on the strategy on 8 April 2024.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Disability rights are addressed through human rights legislation in New Zealand, which are protected under the New Zealand Bill of Rights Act 1990 (NZ BORA) and the Human Rights Act 1993. Under the Local Government Act (2002), local authorities are responsible for improving the social, economic, environmental, and cultural wellbeing of our communities. This includes the disability community and other communities with access needs.

Te Tai Tokerau has the second highest population of disabled people at 29% in New Zealand. This figure does not include other people who have access needs but may not identify as disabled, such as kaumatua/kuia, or people with chronic health issues. Conservatively, there could be at least a third of our local population who require a more accessible region to live, work and play without barriers.

The strategy sets out the intentions and direction to make our region more accessible and responsive to our residents and visitors with access needs. It is a high-level document that provides guidance across all councils.

Each individual council can develop their own implementation or action plan based on the Strategy. Where there are joint actions, the working group will work to identify these and pull together the required staff and resources to support the actions.

Specific budget requests will be sought in the annual planning process and the next long-term-plan (LTP) cycle. Developing the implementation plan will provide a better understanding of budget requirements. However, most actions can be covered by business-as-usual budgets.

For now, efforts will be directed at educating staff, empowering staff to adapt our current work practices, staff training, and future planning to enable better inclusive and accessible outcomes for each district and for the region.

The designed document is screen reader friendly for those who use text to speech software. Summary documents will be available in a range of alternate formats:

· Te Reo Māori

· New Zealand Sign Language video (Deaf community)

· Large Print, Braille and audio (Blind Low Vision community)

· Easy Read (Learning/intellectual disabilities, and others with low literacy)

Option one: Adopt Te Tai Tokerau Regional Accessibility Strategy (recommended option)

The strategy will be adopted as a regional strategy by all councils, setting out the vision and key goals for accessibility in Northland.

Each council will develop their own implementation plans.

Advantages of adopting Te Tai Tokerau Regional Accessibility Strategy

· Council will support its obligation to promote the social, economic, environmental, and cultural well-being of our communities, including the disability community and other communities with access needs.

· A regional accessibility strategy will provide guidance to communities with accessibility needs as they work, live, and play across Northland.

· The strategy will provide consistency across councils, throughout the Northland region

Disadvantages of adopting Te Tai Tokerau Regional Accessibility Strategy

· Resources may be required to develop and implement the implementation plan

Option two: Do nothing/maintain status quo – Do not adopt the Te Tai Tokerau Regional Accessibility Strategy

The strategy will not be adopted by all councils. Council will need to develop their own accessibility strategy if desired.

Advantages of not adopting Te Tai Tokerau Regional Accessibility Strategy

· Resources will not be required to develop and implement the implementation plan.

Disadvantages of not adopting Te Tai Tokerau Regional Accessibility Strategy

· Council will not have supported its obligation to promote the social, economic, environmental, and cultural well-being of our communities, including the disability community and other communities with access needs.

· Regional consistency will not be ensured.

· The approach to accessibility across council will remain ad-hoc, leading to inefficient and ineffective use of resources.

· Reputational risk with the accessibility needs community, as the community is anticipating the strategy.

· Relationships with other councils across Northland maybe negatively impacted.

Next steps

Staff will develop an implementation plan with teams across Council. As stated in the Strategy, progress on the actions and goals will be reviewed annually.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Te Tai Tokerau has the second highest population of disabled people in New Zealand. By adopting the strategy, Council will support its obligation to promote the social, economic, environmental, and cultural well-being of our communities, including the disability community and other communities with access needs. The approach to accessibility across regional councils will be in alignment and no longer ad-hoc.

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

Currently, there are no financial implications. These may arise during the development of an implementation plan. However, any specific budget requests will be made in the annual planning process and/or the next LTP cycle.

Āpitihanga / Attachments

1. Te Tai Tokerau Regional Accessibility Strategy - A4771582 ⇩

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, during the decision-making process,

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	In line with the Significance and Engagement Policy, the adoption of the strategy will have little effect on financial thresholds, ratepayers, or levels of service. Therefore, the level of significance is low. However, the strategy was developed in close consultation with the access-needs community and is a great example of community involvement and collaboration.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	While there is no specific legislative requirement to develop an accessibility strategy, under the Local Government Act (2002), local authorities are required to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future. This includes the disability community and other communities with access needs. The accessibility strategy is influenced by multiple documents, including the United Nations Convention on the Rights of Persons with Disabilities, the New Zealand Disability Strategy 2016-2026, Whāia Te Ao Mārama 2018-2022: The Māori Disability Action Plan, The Human Rights Act 1993, and Te Tiriti of Waitangi. Community Outcomes · Proud, Vibrant Communities · Communities that are healthy, safe, connected and sustainable
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	The recommendation has district wide relevance. Therefore, the views of the Community Boards have not been sought.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	The 2013 disability survey carried out by statistics NZ showed that Māori and Pacific people had higher-than-average disability rates, after adjusting for differences in ethnic population age profiles. The consideration of tāngata whaikaha has been central to development of the Te Tai Tokerau Accessibility Strategy, and the community working group included Tāngata Whaikaha. Development of the vision and values was carried out with respectful guidance from NRCs Kaiārahi Tikanga Māori.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	The cross-council working group was comprised of people with access needs from across Te Tai Tokerau, including whānau hauā/tāngata whaikaha, as well as representatives from Disability Action Groups. · Disability Action Groups · Access needs community · Age Concern NZ · Mana Whaikaha · Deaf Aotearoa · Blind Low Vision NZ
State the financial implications and where budgetary provisions have been made to support this decision.	No financial implications. Any specific budget requests arising from the development of an implementation plan will be made in the annual planning process and/or the next LTP cycle.
Chief Financial Officer review.	Type here

Ordinary Council Meeting Agenda

11 July 2024

6.3 Rangitoto Reserve - Reserves Act Classification

File Number: A4741184

Author: Robin Rawson, Parks & Reserves Planner

Authoriser: Roger Ackers, Group Manager - Planning & Policy

Take Pūrongo / Purpose of the Report

This report seeks a resolution to classify the reserve at Hihi known as Rangitoto Reserve as a historic reserve under the Reserves Act 1977. Te Hiku Community Board has recommended the reserve be classified as a historic reserve, following a public consultation process and a Reserves Act hearing.

WhakarĀpopoto matua / Executive Summary

· Rangitoto Reserve encompasses Rangitoto Pā and the surrounding areas of headland

· Rangitoto Reserve was vested with Council as a recreation reserve by the Crown and the reserve has not been formally classified

· Council approved the initiation of public consultation to consider classification on 24 August 2023

· Public consultation in 2024 confirmed that a historic reserve classification was appropriate for this reserve

· Further to consideration of submissions and a hearing under the Reserves Act, Te Hiku Community Board resolved on 24 May 2024 to recommend to Council that the reserve known as Rangitoto Reserve is classified as a historic reserve under the Reserves Act.

tŪtohunga / Recommendation

That Council:

a) Approve that the reserve known as Rangitoto Reserve (Allot 71 PSH of Mangonui East) is classified pursuant to Section 16 as a historic reserve under the Reserves Act 1977 by delegation of the Minister of Conservation.

1) TĀhuhu kŌrero / Background

The reserve known as Rangitoto Reserve extends across a prominent headland at the eastern entrance to the Mangonui Harbour and includes Rangitoto Pā.

Rangitoto Reserve was derived from the Crown and vested with the Far North District Council for the purposes of a recreation reserve but has not been formally classified under the Reserves Act 1977. Council is able to classify the reserve under delegation as it has not been formally classified as a recreation reserve.

On 24 August 2023 Council approved the initiation of public consultation to consider the classification of this reserve.

Summary of public consultation held in 2024:

· 16 responses were received from 15 people and 1 organisation

· 12 responses were in support of classifying Rangitoto Reserve as a historic reserve

· 4 responses were opposed to classifying Rangitoto Reserve as historic reserve and classifying this reserve as a recreation reserve.

Classification of Rangitoto Reserve as a historic reserve is specifically supported by Ngāti Ruaiti and Matarahurahu and has general support from other Mana Whenua.

At the Reserves Act hearing held on 14 May 2024, there were two submitters who spoke at the hearing and both supported a historic reserve classification, and Te Hiku Community Board resolved as follows:

· recommend that Council classify Rangitoto Reserve as a Historic Reserve per the Reserves Act 1977, further to a hearing held in accordance with Section 120 of the Act.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

A historic reserve classification under the Reserves Act 1977 is supported in a Cultural Values Assessment prepared by Ngāti Ruaiti and Matarahurahu, and Whaingaroa Iwi have also expressed support. Classification as a historic reserve is largely supported by the wider community. This classification would best support the historic and cultural values of Rangitoto Reserve. The management provisions of Section 18 of the Reserves Act (Historic Reserves) are more appropriate to the site than the management provisions of Section 17 (Recreation reserves).

No other classifications are considered relevant to Rangitoto Reserve. No action would mean that the reserve retains the existing provisional classification as a recreation reserve. Reserves must be appropriately classified before a reserve management plan can be approved.

The purposes and management of historic reserves are set out in Section 18 of the Reserves Act. A historic reserve classification is:

for the purpose of protecting and preserving in perpetuity such places, objects, and natural features, and such things thereon or therein contained as are of historic, archaeological, cultural, educational, and other special interest.

The purposes and management of recreation reserves are set out in Section 17 of the Reserves Act.

A recreation reserve classification is:

for the purpose of providing areas for the recreation and sporting activities and the physical welfare and enjoyment of the public, and for the protection of the natural environment and beauty of the countryside, with emphasis on the retention of open spaces and on outdoor recreational activities, including recreational tracks in the countryside.

While Pouhere Taonga: Heritage New Zealand did not participate in the formal consultation process, they engaged with staff earlier in the process and provided this advice:

‘this is an important and impressive large named pa with traditional importance to Ngāti Kahu. As such we would support the aim to change the reserve designation from ‘scenic/recreation’ to ‘historic’ as the historic values should take precedence.’

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

A historic reserve classification under the Reserves Act best supports the historic and cultural values of Rangitoto Reserve, and management provisions for historic reserves under the Reserves Act are more appropriate for this reserve than those for a recreation reserve.

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

Minor costs to cover the gazettal cost are covered by the allocated budget to this project.

Āpitihanga / Attachments

Nil

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	The classification of Rangitoto Reserve as a historic reserve will assist in avoiding risk by ensuring that future management retains the historic and cultural values and importance of Rangitoto Pā.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The classification of Rangitoto Reserve and preparation of a reserve management plan are consistent with Council’s Parks and Reserves Policy 2022, the Reserves Act 1977, and with Council’s mission and values.
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.	Te Hiku Community Board approved the proposed consultation for reclassification in July 2023 and recommended classification as a historic reserve in May 2024.
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.	Rangitoto Pā is an important place to Mana Whenua. Council’s Te Hono team provided assistance with consultation with Mana Whenua and the proposal had a public consultation process.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	Council’s Te Hono team provided assistance with consultation with Mana Whenua by providing details of who to contact to help determine who had mana whenua over this area. Other direct consultation included Pouhere Taonga: Heritage New Zealand and an adjoining landowner. Community views were considered as part of the public consultative process.
State the financial implications and where budgetary provisions have been made to support this decision.	The costs of gazetting will be met from existing operating budgets.
Chief Financial Officer review.	The CFO has reviewed this report.

Ordinary Council Meeting Agenda

11 July 2024

6.4 Committee Recommendations and Resolutions - June 2024

File Number: A4765279

Author: Marysa Maheno, Democracy Advisor

Authoriser: Aisha Huriwai, Manager - 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 the last ordinary Council meeting.

- 25 June 2024 – Te Koukou – Transport and infrastructure Committee

- 27 June 2024 – Te Kuaka – Te Ao Māori Committee

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

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

TŪTOHUNGA / Recommendation

That Council:

Te Kuaka – Te Ao Māori Committee – item 5.1 Toi Mana – Arts, Culture & Heritage Strategy

a) adopt the Toi Mana - Arts, Culture & Heritage Strategy and

b) delegate to the Chief Executive authority to make any minor grammatical changes.

tĀHUHU KŌRERO / Background

This is a regular report 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 ordinary 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

25 June 2024 – Te Koukou – Transport Committee

Agenda - Te Koukou - Transport Committee - 25 June 2024

27 June 2024 – Te Kuaka – Te Ao Māori Committee

Agenda - Te Kuaka - Te Ao Māori Committee - 27 June 2024

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. 2024-06-25 Te Koukou - Transport and Infrastructure Committee Minutes - A4761355 ⇩

2. 2024-06-27 Te Kuaka - Te Ao Māori Committee Minutes - A4762565 ⇩

Ordinary Council Meeting Agenda

11 July 2024

7.2 Community Board Minutes - June 2024

File Number: A4765270

Author: Marysa Maheno, Democracy Advisor

Authoriser: Aisha Huriwai, Manager - Democracy Services

TAKE PŪRONGO / Purpose of the Report

To provide an overview of resolutions made by Community Boards with an opportunity for Chairpersons to speak with Council about pertinent discussions held at Community Board.

WHAKARĀPOPOTO MATUA / Executive SummarY

Minutes from Te Hiku, Kaikohe-Hokianga, and Bay of Islands-Whangaroa Community Board June 2024 meetings are attached for Council information.

TŪTOHUNGA / Recommendation

That Council note the following Community Board minutes:

· 18 June 2024 Te Hiku Community Board;

· 20 June 2024 Bay of Islands-Whangaroa Community Board;

· 21 June 2024 Kaikohe-Hokianga Community Board; and

· 24 June 2024 Extraordinary Te Hiku Community Board

tĀHUHU KŌRERO / Background

This report is to provide Council with an overview of resolutions made at Community Board meetings and for Community Board Chairpersons to raise any Community Board issues with Council.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

This is intended as an information report but shows on the agenda as a standard report to place it earlier on the agenda.

From time-to-time Community Boards 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).

The minutes presented to this meeting include recommendations to Council, which staff have requested be considered by Council for the June meeting.

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. 2024-06-18 Te Hiku Community Board Minutes - A4752113 ⇩

2. 2024-06-20 Bay of Islands-Whangaroa Community Board Minutes - A4753062 ⇩

3. 2024-06-21 Kaikohe-Hokianga Community Board Minutes - A4757914 ⇩

4. 2024-06-24 Te Hiku Community Board Minutes. - A4760637 ⇩

Ordinary Council Meeting Agenda

11 July 2024

8 Te Wāhanga Tūmataiti / Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendation

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

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

General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Ground(s) under section 48 for the passing of this resolution
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 - New Lease Request Over 195 Puketona Road, Paihia - Job Complete Limited	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 - Ōponōni and Kohukohu Wastewater Treatment Plants Desludging and Wetland Reinstatement Procurement	s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
8.4 - Community Board Public Excluded Minutes - May 2024	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
8.5 - Council Public Excluded Open Resolutions Update July 2024	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)(g) - the withholding of the information is necessary to maintain legal professional privilege s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

9 Karakia Whakamutunga / Closing Prayer

10 Te Kapinga Hui / Meeting Close