Agenda of Regulatory Compliance Committee Meeting

	Authorising Body	Mayor/Council
	Status	Standing Committee
COUNCIL COMMITTEE	Title	Regulatory Compliance Committee Terms of Reference
	Approval Date	19 December 2019
	Responsible Officer	Chief Executive

Purpose

The purpose of the Regulatory Compliance Committee (the Committee) is to implement and monitor regulatory compliance and statutory matters on behalf of the Governing Body. The Committee will conduct hearings (except those under the Resource Management Act 1991) and undertake any functions as requested or delegated by Council from time to time provided the functions conform to the Local Government Act 2002.

The Committee will have functional responsibility for the following aspects:

· Hearings (excluding RMA and DLC)

· Regulatory activities

· Regulatory policies and bylaws

· Regulatory compliance

· Mana Whakahono

To perform his or her role effectively, each Committee member must develop and maintain his or her skills and knowledge, including an understanding of the Committee’s responsibilities and key legislation.

Delegations

The Regulatory Compliance Committee shall have the following delegated powers and be accountable to Council for the exercising of these powers. In exercising the delegated powers, the Regulatory Compliance Committee will operate within:

· policies, plans, standards or guidelines that have been established and approved by Council.

· the overall priorities of Council.

· the needs of the local communities; and

· the approved budgets for the activity.

Power to Delegate

The Regulatory Compliance Committee may not delegate any of its responsibilities, duties or powers.

Membership

The Council will determine the membership of the Regulatory Compliance Committee.

The Regulatory Compliance Committee will comprise of at least six elected members (one of which will be the chairperson).

When the Regulatory Compliance Committee is meeting as a Hearing Committee, the Chairperson and a majority of the Committee members must be accredited commissioners under the relevant Act.

When the Regulatory Compliance Committee is meeting as a Hearing Committee, the Chairperson shall hold the ‘chair certification' as per the Act.

The Committee membership for each hearing shall be appointed by the Chairperson of the

Regulatory Compliance Committee together with the Chief Executive and will normally comprise the core Regulatory Compliance Committee members.

The Regulatory Compliance Committee will comprise of at least six elected members (one of which will be the chairperson).

Mayor Carter

Kelly Stratford – Chairperson

Dave Collard – Deputy Chairperson

John Vujcich

Rachel Smith

David Clendon

Ann Court

Belinda Ward – Bay of Islands-Whangaroa Community Board Chair

Non-appointed Councillors may attend Regulatory Compliance Committee (but not Hearings) with speaking rights, but not voting rights.

Quorum - Committee

The quorum at a meeting of the Regulatory Compliance Committee is 4 members.

Frequency of Meetings

The Regulatory Compliance Committee shall meet every 6 weeks but may be cancelled if there is no business.

Committees Responsibilities

The Committees responsibilities are described below:

Hearings, Objections and Appeals

· Conduct hearings, as delegated by Council, in accordance with the relevant legislative and policy requirements (excluding Resource Management Act and District Licensing)

· Approve and monitor Council’s list of hearing Commissioners for Resource Management Act and District Licensing hearings.

Regulatory Activities

· Assess and provide advice to Council on level of service and policy issues relating to:

o regulatory matters; and

o provision of services

· Reviewing and making recommendations to the Chief Executive in respect to functions and activities within the purpose of the Committee regarding codes of practice.

Policies and Bylaws

· Recommend the development and review of Council’s regulatory policies and district bylaws

· Make a recommendation where in a bylaw the Council has specified that a matter be regulated, controlled or prohibited by the Council by resolution (eg dog areas under the dog control bylaw, speed limits)

Compliance

· Ensure that Council’s planning and regulatory functions comply with legislative requirements and Council policy and processes

· Monitor operational functions comply with legislative requirements and Council policy

o BCA (building consents)

o RMA (resource consents)

· Ensure that consents associated with Council's infrastructure are being met and renewals are planned for

· Receive traffic light reports on regulatory compliance (policy, plans, functions and bylaws) such as:

o District Plan (when proposed)

o Building Act

o Resource Management Act

o Licences (various acts)

o Animal management

Mana Whakahono-ā-Rohe (Mana Whakahono)

· Monitor regulatory matters arising from Mana Whakahono under the Resource Management Act 1991.

The committee seeks to foster and encourage participation and engagement with constituents.

HEARINGS, OBJECTIONS AND APPEALS

Regulatory Compliance Committee, meeting as a Hearing Committee

The Regulatory Committee, when meeting as a Hearing Committee, shall be delegated authority to hear and determine matters as follows:

Public Works Act 1981

Public work requirements.

Local Government Act 2002

Objections against the construction of public works on private land.

Local Government Act 1974

Objections and appeals to road stopping proposals.

Fencing of Swimming Pools Act 1987

Applications for exemption, waiver or compliance.

Delegated decisions

· Requests for review or objections to delegated decisions by the Committee and/or delegated officers.

· Appeals against decisions made by officials acting under delegated authority in accordance with approved Council Policy.

Dog Control Act 1996

Objections.

Gambling Act 2003, Health Act 1956 and Building Act 2004

Hearings, objections and related matters.

And any other such matters as required under the legislation (but not Resource Management Act or the Supply and Sale of Alcohol Act for matters outside the district licensing committee).

Rules and Procedures

Council’s Standing Orders and Code of Conduct apply to all the committee’s meetings.

Annual reporting

The Chair of the Committee will submit a written report to the Chief Executive on an annual basis. The review will summarise the activities of the Committee and how it has contributed to the Council’s governance and strategic objectives. The Chief Executive will place the report on the next available agenda of the governing body.

REGULATORY COMPLIANCE COMMITTEE - MEMBERS REGISTER OF INTERESTS

Name	Responsibility (i.e. Chairperson etc)	Declaration of Interests	Nature of Potential Interest	Member's Proposed Management Plan
Hon John Carter QSO	Board Member of the Local Government Protection Programme	Board Member of the Local Government Protection Program
Hon John Carter QSO	Carter Family Trust
Kelly Stratford (Chair)	KS Bookkeeping and Administration	Business Owner, provides bookkeeping, 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
Kelly Stratford - Partner	Māori title land – Moerewa	Shareholder	None perceived	If there was a conflict of interest, I would step aside from decision making
David Collard (Deputy Chair)	Snapper Bonanza 2011 Limited	45% Shareholder and Director
David Collard (Deputy Chair)	Trustee of Te Ahu Charitable Trust	Council delegate to this board
David Clendon	Chairperson – He Waka Eke Noa Charitable Trust	None		Declare if any issue arises
	Member of Vision Kerikeri	None		Declare if any issue arises
	Joint owner of family home in Kerikeri	Hall Road, Kerikeri
David Clendon – Partner	Resident Shareholder on Kerikeri Irrigation
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.
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
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
Belinda Ward	Ward Jarvis Family Trust	Trustee
	Kenneth Jarvis Family Trust	Trustee
	Residence in Watea
Belinda Ward (Partner)	Ward Jarvis Family Trust	Trustee and beneficiary
	Kenneth Jarvis Family Trust	Trustee and beneficiary
	Residence in Watea	Trustee

Regulatory Compliance Committee Meeting Agenda

15 March 2022

MINUTES OF Far North District Council
Regulatory Compliance Committee Meeting
HELD AT THE Council Chamber, Memorial Avenue, Kaikohe
ON Tuesday, 30 November 2021 AT 1.01 pm

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

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

STAFF PRESENT: Rochelle Deane (Manager – Environmental Services), Trent Blakeman (Manager – Building Services), Marlema Baker (Democracy Services Advisor).

1 Karakia TimatAnga – Opening Prayer

Chair Kelly Stratford commenced the meeting and opened with a karakia.

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

2.1 Apologies and Declarations of Interest

Resolution 2021/34

Moved: Cr John Vujcich

Seconded: Deputy Mayor Ann Court

His Worship the Mayor John Carter gave apologies and a leave of absence was granted. Cr Rachel Smith gave apologies for lateness.

Carried

3 Ngā Tono Kōrero / Deputation

There were no deputations at this meeting.

4 Confirmation of Previous Minutes

4.1 Confirmation of Previous Minutes

Agenda item 4.1 document number A3052655, pages 14 - 18 refers.

Resolution 2021/35

Moved: Chairperson Kelly Stratford

Seconded: Deputy Mayor Ann Court

That the Regulatory Compliance Committee confirms that the minutes of the meeting of the Committee held 12 October 2021 are a true and correct record.

Carried

5 Information Reports

5.1 Trade Waste Monitoring

Agenda item 5.1 document number A3464313, pages 19 – 24 refers.

Resolution 2021/36

Moved: Member Belinda Ward

Seconded: Cr Dave Collard

That the Regulatory Compliance Committee receive the report Trade Waste Monitoring.

Carried

Cr Rachel Smith joined the meeting at 1:20 pm.

5.2 Alcohol Licensing Update

Agenda item 5.2 document number A3468766, pages 25 – 46 refers.

Resolution 2021/37

Moved: Member Belinda Ward

Seconded: Cr John Vujcich

That the Regulatory Compliance Committee receive the report Alcohol Licensing Update.

Carried

5.3 Update Report: Environmental Services Monitoring and Compliance

Agenda item 5.3 document number A3471997, pages 47 – 51 refers.

Resolution 2021/38

Moved: Cr Dave Collard

Seconded: Member Belinda Ward

That the Regulatory Compliance Committee receive the report Update Report: Environmental Services Monitoring and Compliance.

Carried

5.4 District Services Monthly Business Report for October 2021

Agenda item 5.4 document number A3480356, pages 52 - 103 refers.

Resolution 2021/39

Moved: Deputy Mayor Ann Court

Seconded: Cr John Vujcich

That the Regulatory Compliance Committee receive the report District Services Monthly Business Report for October 2021.

Carried

5.5 Building Services update

Agenda item 5.5 document number A3481456, pages 104 - 105 refers.

Resolution 2021/40

Moved: Cr Rachel Smith

Seconded: Cr John Vujcich

That the Regulatory Compliance Committee receive the report Building Services update.

Carried

5.6 Regulatory Compliance Committee Action Sheet Update November 2021

Agenda item 5.6 document number A3479035, pages 106 - 107 refers.

Resolution 2021/41

Moved: Cr Rachel Smith

Seconded: Cr John Vujcich

That the Regulatory Compliance Committee receive the report Action Sheet Update November 2021.

Carried

6 Karakia Whakamutunga – Closing Prayer

Chair Kelly Stratford closed the meeting with a karakia.

7 tE kAPINGA hUI / Meeting Close

The meeting closed at 2:09 pm.

The minutes of this meeting will be confirmed at the Regulatory Compliance Committee Meeting held on 1 February 2022.

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

CHAIRPERSON

Regulatory Compliance Committee Meeting Agenda

15 March 2022

5 Information Reports

5.1 Resource Consent Update

File Number: A3583043

Author: Rochelle Deane, Manager - Environmental Services

Authoriser: Dean Myburgh, General Manager - District Services

TAKE PŪRONGO / Purpose of the Report

To provide an update to the committee on Resource Consents.

This report covers the period 1 July 2021 to 31 January 2022, the period since the last committee report was received; it includes:

· The number of Resource Consent Applications received

· Environmental Court Issues

· The number of s92 (requests for further information)

· The number of s37 (extensions of time)

· The number of s88 (applications rejected)

· Status of discounts

· Report on implementation of regulatory matters arising from Mana Whakahono-ā-rohe under RMA Management

WHAKARĀPOPOTO MATUA / Executive SummarY

Processing a resource consent application within the statutory time frames set by the Resource Management Act 1991, is compulsory. The onus is on councils to ensure statutory time limits are met, which is particularly important to Council to avoid having to apply discounts under the Act discount regulations. In addition, there is also a requirement to ensure that any process is timely, efficient, consistent, and cost effective, and to 'avoid unreasonable delay'.

A total of 551 resource consent applications have been received between 1 July 2021 and 31 January 2022. This is 111 more applications than received for the same period in 2020/21, a 25% increase.

The high volume of applications coupled with staff vacancies and a reduction in capacity of processing consultants has resulted in Council being unable to allocate many applications in a timely manner, thus having a negative effect on statutory time frame compliance.

TŪTOHUNGA / Recommendation

That the Regulatory Compliance Committee receive the report Resource Consent Update.

tĀHUHU KŌRERO / Background

The number of applications for resource consents received by Council continues to increase - a trend that is expected to continue for the rest of 2021/2022.

The number of unallocated applications has been increasing and at the end of January 2022 there were 130 applications lodged but unallocated within Council’s systems dating back to 24 November 2021. As a result, statutory compliance has dropped to a low of 64.71% in January 2022 after reaching and maintaining 100% in June, July, and August 2021.

There have been several resignations recently for a variety of reasons and the resource consent team is currently recruiting for both planners and Resource Consent engineers.

There is a shortage of planners and a demand for them across the country. The current labour market is very strong, and consultancies are actively marketing and offering attractive packages for experienced planners/staff.

Early in the year, the team managed to meet 100% statutory timeframes by heavily relying on consultant planners. However, due to the large amount of private work available, consultancies are choosing to undertake this work which pays higher than processing for Council. The Resource Consents team are actively seeking additional consultant planner and engineering capacity further afield. An additional Team Leader has also been recruited on a fixed term basis for two years to manage and engage further consultants; this role started 10 January 2022.

The Team Leaders have engaged with other councils who have experience in having a similar influx of consents prior to their Proposed District Plan being notified, to address alternative ways of managing the current high volumes and manage the situation as best we can for customers and staff.

The release of the proposed District Plan will require additional assessment on each application to give effect to both the Operative District Plan and the Proposed District Plan to weigh each decision according to both frameworks. Additional time required on each application will vary based on the complexity of the application and the experience of the Planner.

A further option being explored is to employ ‘Planners Assistants’ to provide high level support to the processing planners. This role would undertake planning checks, prepare letters, and assist in the post approval process. It is expected that this role will be easier to recruit to, decrease processing time and be largely cost recoverable. At the time of writing this report, this role is being job sized.

Team Leaders are applying s37 of the RMA to extend processing timeframes where possible.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Number of Resource Applications Received

A total of 551 resource consent applications have been received between 1 July 2021 and 31 January 2022. This is 111 (or 25%) more applications than received for the same period in 2020/21.

The figure of 551 applications is the volume of consents processed that Council are obliged to report to the Ministry for the Environment (MfE) on meeting the statutory timeframes.

It is usual for January to be a slower month for applications received and is not likely to be the start of a tail off. It is expected that applications will increase again during February ahead of the release of the proposed District Plan.

The following graph shows the total number of applications received by year since 2017. This number includes applications received under the Resource Management Act and the Local Government Act (LGA). There has been an upward trend in the volume of applications received since 2016 with a slight decrease in 2020 due to the pandemic and nationwide lockdown. The 2022 figure shows the total number of applications received from 1 July 2021 to 31 January 2022.

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The number of s92 (requests for further information)

Section 92 of the RMA allows councils to request further information from an applicant before making the decision to refuse or grant consent. It can also be used to commission a specialist’s report. A s92 request is made when the council’s planner does not have adequate information to make a decision on the proposal; they need further information to fully understand what is proposed and how the proposal fits with planning rules, objectives, and policies.

There were 176 s92 requests between 1 July 2021 and 31 January 2022, compared with 155 for the same period the year prior. This increase is reflective of the higher volume of applications received.

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The number of s37’s (extensions of time)

Section 37 allows the council to extend a time period specified in the RMA.

Under s37(a)(4), a council can extend a time limit (relating to the stated matters) for up to double the maximum period specified in the Act when:

• special circumstances apply (including special circumstances existing by the scale and complexity of the matter); or

• the applicant agrees to the extension.

There were 405 applications placed on s37 between 1 July 2021 and 31 January 2022, compared with 155 for the same period the previous year.

The high number of applications on s37 hold since October 2021 is in response to the higher number of applications received in this period. Initially s.37 was applied to most applications with applicant agreement.

Section 37 is now applied to those applications that require engineering input, historic heritage or customary/cultural limitations – special circumstances that relate directly to the matter.

The lower number in January is reflective of the drop in applications received for this month.

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The number of s88 (applications rejected)

Section 88 and Schedule 4 of the RMA state what information an application and supporting Assessment of Environmental Effects (AEE) must contain to be considered complete and therefore acceptable to be processed. The RMA provides a 10-working day timeframe to assess the application under s88 to determine whether it is complete or return it as “incomplete”.

If a council determines that the application is incomplete, the applicant is advised within 10 working days of lodgement with written reasons for the decision. Then, if the applicant decides to lodge the application again, it is treated as a completely new application - with a new, and later, lodgement date.

Between 1 July 2021 and 31 January 2022 there were 25 applications rejected under section 88, compared with 14 for the same period in 2020/21.

This increase would be largely in line with the increased volume of applications received.

The Resource Consent team continues to take a strong line on applications being received that are not meeting Schedule 4 of the RMA (the required criteria). The quality of applications also has implications on meeting statutory timeframes and how often s92 or s37 is applied. Time delays and cost are the biggest complaints received from applicants. By ensuring that s88 assessments are efficiently undertaken early in the process, the Team can increase the quality and timeliness of their decisions while meeting the expectations of the applicants.

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Status of Discounts

The Resource Management (Discount on Administrative Charges) Regulations 2010 require local authorities to provide a discount for resource consent applications not processed within the statutory timeframes set out in the RMA. The discount set out by the regulations is 1% per day, up to a maximum of 50 working days.

Discounts applied to consent processing for the period 1 July 2021 and 31 January 2022 is $4,776.02. For the same period last year there had been $41,202.29 applied. This result is reflective of the team meeting statutory timeframes in the earlier part of the year and the delays in sending out final invoicing. It is expected that from February 2022 discounts applied will be significantly increased reflecting the decrease in meeting statutory time frames.

Staff overtime payments are significantly higher than for the same period last year with payment of $13,769.39. Overtime is not a requirement expected of staff to increase statutory compliance, has been applied in order to progress the allocating and completion of processing.

	Total RC Discounts and Overtime GST Inclusive
Month		2020/2021	Overtime	2021/2022	Overtime
July		$11,085.28	$305.31	$2,835.39*	$1,167.12
August		$7,503.62	$284.84	$0	$3,307.07
September		$1,241.74	$0	$0	$4,656.62
October		$7,167.38	$511.07	$0	$3,310.38
November		$3,594.05	$0	$0	$792.52
December		$2,147.36	$0	$1,940.63	$535.68
January		$8,462.86	$0	$0	$0
Subtotal		$41,202.29	$1,101.22	$4,776.02	$13,769.39
February		$532.70	$0
March		$1,822.10	$62.53
April		$211.79	$1,905.66
May		$321.70	$1,081.07
June		$0	$762.25
Year End Total		$44,090.58	$4,912.73

*July 2021 discount was due to an historical invoice from 2020/21 period.

Environment Court Issues

There have been no hearings or appeals between 1 July 2021 and 31 January 2022.

Mana Whakahono ā Rohe

The purpose of a Mana Whakahono ā Rohe is—

a. to provide a mechanism for iwi authorities and local authorities to discuss, agree, and record ways in which Tangata whenua may, through their iwi authorities, participate in resource management and decision-making processes under this Act; and

b. to assist local authorities to comply with their statutory duties under this Act, including through the implementation of sections 6(e), 7(a), and 8.

Whakahono ā Rohe was introduced as part of the amendments to the Resource Management Act in 2017.

Initiating a Mana Whakahono agreement is up to the individual Iwi Authority.

On 19 August 2021 a formal initiation from Ngāpuhi was received by FNDC. The timeframe for concluding Mana Whakahono ā Rohe is 18 months from initiation unless otherwise agreed.

Once any agreements are reached under this section, the Resource Consents Team then have a role as the team that processes consents.

An internal hui was held on 28 February 2022 with relevant disciplines to develop further awareness, understanding and initial responses to this important responsibility. Further work will follow to create a draft document for consideration.

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

There are no financial implications associated with this report.

Āpitihanga / Attachments

Nil

Hōtaka Take Ōkawa / Compliance Schedule:

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

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

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

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

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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low Significance – this matter does not meet the criteria/threshold for a matter of significance.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Resource Management Act 1991 Resource Management Amendment Act 2020 FNDC District Plan LTP Community Outcomes: · Communities that are healthy, safe, connected and sustainable. · Prosperous communities supported by a sustainable economy · A wisely managed and treasured environment that recognises the special role of Tangata whenua as kaitiaki
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 Significance
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.	FNDC Community Ministry for the Environment
State the financial implications and where budgetary provisions have been made to support this decision.	No Financial Implications
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Time:	9:30 am
Location:	Virtually via Microsoft Teams

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 on 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.	This report is asking for the 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.