Te Kaunihera o Tai Tokerau ki te Raki

 

 

AGENDA

 

Strategy and Policy Committee Meeting

 

Tuesday, 22 March 2022

Time:

9:30 am

Location:

Virtually via Microsoft Teams

 

 

Membership:

Cr Rachel Smith - Chairperson

Cr David Clendon – Deputy Chairperson

Mayor John Carter

Deputy Mayor Ann Court

Cr Dave Collard

Cr Felicity Foy

Cr Kelly Stratford

Cr Moko Tepania

Cr John Vujcich

Member Belinda Ward

 

 


Authorising Body

Mayor/Council

Status

Standing Committee

 

 

COUNCIL COMMITTEE

 

Title

Strategy and Policy Committee Terms of

Reference

Approval Date

19 December 2019

Responsible Officer

Chief Executive

Purpose

The purpose of the Strategy and Policy Committee (the Committee) is to set direction for the district, determine specific outcomes that need to be met to deliver on that vision, and set in place the strategies, policies, and work programmes to achieve those goals.

In determining and shaping the strategies, policies and work programme of the Council, the Committee takes a holistic approach to ensure there is strong alignment between the objectives and work programmes of the strategic outcomes of Council, being:

·                Better data and information

·                Affordable core infrastructure

·                Improved Council capabilities and performance

·                Address affordability

·                Civic leadership and advocacy

·                Empowering communities

 

The Committee will review the effectiveness of the following aspects:

·                Trust and confidence in decision-making by keeping our communities informed and involved in decision-making.

·                Operational performance including strategy and policy development, monitoring, and reporting on significant projects, including, but not limited to:

o      FN2100

o      District wide strategies (Infrastructure/ Reserves/Climate Change/Transport)

o      District Plan

o      Significant projects (not infrastructure)

o      Financial Strategy

o      Data Governance

o      Affordability

·                Consultation and engagement including submissions to external bodies / organisations

 

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 of the Council’s business, operations, and risks.

 

Power to Delegate

The Strategy and Policy Committee may not delegate any of its responsibilities, duties, or powers.

 

Membership

The Council will determine the membership of the Strategy and Policy Committee.

The Strategy and Policy Committee will comprise of at least seven elected members (one of which

will be the chairperson).

Mayor Carter

Rachel Smith – Chairperson

David Clendon – Deputy Chairperson

Moko Tepania

Ann Court

Felicity Foy

Dave Collard

John Vujcich

Belinda Ward – Bay of Islands-Whangaroa Community Board

Non-appointed Councillors may attend meetings with speaking rights, but not voting rights.

 

Quorum

The quorum at a meeting of the Strategy and Policy Committee is 5 members. 

 

Frequency of Meetings

The Strategy and Policy Committee shall meet every 6 weeks but may be cancelled if there is no business.

 

Committees Responsibilities

The Committees responsibilities are described below:

 

Strategy and Policy Development

·         Oversee the Strategic Planning and Policy work programme

·         Develop and agree strategy and policy for consultation / engagement.

·         Recommend to Council strategy and policy for adoption.

·         Monitor and review strategy and policy.

 

Service levels (non-regulatory)

·         Recommend service level changes and new initiatives to the Long Term and Annual Plan processes.

 

Policies and Bylaws

·         Leading the development and review of Council's policies and district bylaws when and as directed by Council

·         Recommend to Council new or amended bylaws for adoption

 

 

Consultation and Engagement

·         Conduct any consultation processes required on issues before the Committee.

·         Act as a community interface (with, as required, the relevant Community Board(s)) for consultation on policies and as a forum for engaging effectively.

·         Receive reports from Council’s Portfolio and Working Parties and monitor engagement.

·         Review as necessary and agree the model for Portfolios and Working Parties.

 

Strategic Relationships

·         Oversee Council’s strategic relationships, including with Māori, the Crown, and foreign investors, particularly China

·         Oversee, develop, and approve engagement opportunities triggered by the provisions of Mana Whakahono-ā-Rohe under the Resource Management Act 1991

·         Recommend to Council the adoption of new Memoranda of Understanding (MOU)

·         Meet annually with local MOU partners

·         Quarterly reviewing operation of all Memoranda of Understanding

·         Quarterly reviewing Council’s relationships with iwi, hapū, and post-settlement governance entities in the Far North District

·         Monitor Sister City relationships

·         Special projects (such as Te Pū o Te Wheke or water storage projects)

 

Submissions and Remits

·         Approve submissions to, and endorse remits for, external bodies / organisations and on legislation and regulatory proposals, provided that:

o    If there is insufficient time for the matter to be determined by the Committee before the submission “close date” the submission can be agreed by the relevant Portfolio Leaders, Chair of the Strategy and Policy Committee, Mayor and Chief Executive (all Councillors must be advised of the submission and provided copies if requested).

o    If the submission is of a technical and operational nature, the submission can be approved by the Chief Executive (in consultation with the relevant Portfolio Leader prior to lodging the submission).

·         Oversee, develop, and approve any relevant remits triggered by governance or management commencing in January of each calendar year.

·         Recommend to Council those remits that meet Council’s legislative, strategic, and operational objectives to enable voting at the LGNZ AGM.  All endorsements will take into account the views of our communities (where possible) and consider the unique attributes of the district.

 

Fees

·         Set fees in accordance with legislative requirements unless the fees are set under a bylaw (in which case the decision is retained by Council and the committee has the power of recommendation) or set as part of the Long-Term Plan or Annual Plan (in which case the decision will be considered by the Long-Term Plan and Annual Plan and approved by Council).

 

District Plan

·         Review and approve for notification a proposed District Plan, a proposed change to the District Plan, or a variation to a proposed plan or proposed plan change (excluding any plan change notified under clause 25(2)(a), First Schedule of the Resource Management Act 1991);

·         Withdraw a proposed plan or plan change under clause 8D, First Schedule of the Resource Management Act 1991.

·         Make the following decisions to facilitate the administration of proposed plan, plan changes, variations, designation, and heritage order processes:

§  To authorise the resolution of appeals on a proposed plan, plan change or variation unless the issue is minor and approved by the Portfolio Leader District Plan and the Chair of the Regulatory committee.

§  To decide whether a decision of a Requiring Authority or Heritage Protection Authority will be appealed to the Environment Court by council and authorise the resolution of any such appeal.

§  To consider and approve council submissions on a proposed plan, plan changes, and variations.

§  To manage the private plan change process.

§  To accept, adopt or reject private plan change applications under clause 25 First Schedule Resource Management Act (RMA).

 

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.


 

STRATEGY AND POLICY 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

 

 

Carter Family Trust

 

 

 

Rachel Smith (Chair)

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 and Treasurer

 

 

Vision Kerikeri

Financial Member

 

 

Rachel Smith (Partner)

Property Owner

Kerikeri

 

 

Friends who work at Far North District Council

 

 

 

Kerikeri Cruising Club

Subscription Member

 

 

Vision Kerikeri

Financial Member

 

 

Town and General Groundcare Limited

Director. Shareholder

 

 

David Clendon (Deputy Chair)

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

 

 

 

David Collard

Snapper Bonanza 2011 Limited

45% Shareholder and Director

 

 

Trustee of Te Ahu Charitable Trust

Council delegate to this board

 

 

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.

Felicity Foy

Flick Trustee Ltd

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

 

 

Elbury Holdings Limited

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

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

 

Foy Farms Partnership

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

 

 

Foy Farms Rentals

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

 

 

King Family Trust

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

These trusts own properties in the Far North.

 

112 Commerce Street Holdings Ltd

Owner of commercial property in Commerce Street Kaitaia.

 

 

Foy Property Management Ltd

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

 

 

Previous employment at FNDC 2007-16

I consider the staff members at FNDC to be my friends

 

 

Shareholder of Coastline Plumbing NZ Limited

 

 

 

Felicity Foy - Partner

Director of Coastline

Plumbing NZ Limited

 

 

 

Friends with some FNDC employees

 

 

 

Kelly Stratford

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

 

Māori title land – Moerewa

Shareholder

None perceived

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

Moko Tepania

Teacher

Te Kura Kaupapa Māori o Kaikohe.

Potential Council funding that will benefit my place of employment.

Declare a perceived conflict

 

Chairperson

Te Reo o Te Tai Tokerau Trust.

Potential Council funding for events that this trust runs.

Declare a perceived conflict

Tribal Member

Te Rūnanga o Te Rarawa

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

Declare a perceived conflict

Tribal Member

Te Rūnanga o Whaingaroa

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

Declare a perceived conflict

Tribal Member

Kahukuraariki Trust Board

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

Declare a perceived conflict

Tribal Member

Te Rūnanga ā-Iwi o Ngāpuhi

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

Declare a perceived conflict

John Vujcich

Board Member

Pioneer Village

Matters relating to funding and assets

Declare interest and abstain

Director

Waitukupata Forest Ltd

Potential for council activity to directly affect its assets

Declare interest and abstain

Director

Rural Service Solutions Ltd

Matters where council regulatory function impact of company services

Declare interest and abstain

Director

Kaikohe (Rau Marama) Community Trust

Potential funder

Declare interest and abstain

Partner

MJ & EMJ Vujcich

Matters where council regulatory function impacts on partnership owned assets

Declare interest and abstain

Member

Kaikohe Rotary Club

Potential funder, or impact on Rotary projects

Declare interest and abstain

Member

New Zealand Institute of Directors

Potential provider of training to Council

Declare a Conflict of Interest

Member

Institute of IT Professionals

Unlikely, but possible provider of services to Council

Declare a Conflict of Interest

Member

Kaikohe Business Association

Possible funding provider

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

 

 

 

 

 


Strategy and Policy Committee Meeting Agenda

22 March 2022

 

Far North District Council

Strategy and Policy Committee Meeting

will be held in the Virtually via Microsoft Teams on:

Tuesday 22 March 2022 at 9:30 am

Te Paeroa Mahi / Order of Business

1          Karakia Timatanga – Opening Prayer. 15

2          Nga Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest 15

3          Te Tono Kōrero / Deputation. 15

4          Confirmation of Previous Minutes. 16

4.1            Confirmation of Previous Minutes. 16

5          Reports. 24

5.1            Parking on State Highways Bylaw.. 24

5.2            Adoption of the Regional Climate Change Adaptation Strategy. 31

5.3            Review of Maritime Facilities and Mooring Charges Bylaws. 127

5.4            FNDC Speed Limit Reviews - Recommended Speed Limits. 172

6          Information Reports. 406

6.1            Update on Spatial Planning. 406

6.2            Joining the Sustainable Business Network. 410

6.3            Strategy and Policy Action Sheet Update March 2022. 471

7          Karakia Whakamutunga – Closing Prayer. 481

8          Te Kapinga Hui / Meeting Close. 481

 

 


1            Karakia Timatanga – Opening Prayer

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

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

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

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

3            Te Tono Kōrero / Deputation

Sport Northland Ltd      Brent Eastwood (CEO) and Anna Markwick

John Sturgess               Submitter: Vehicles on Beaches  provisions in the Road Use Bylaw


Strategy and Policy Committee Meeting Agenda

22 March 2022

 

4            Confirmation of Previous Minutes

4.1         Confirmation of Previous Minutes

File Number:           A3618562

Author:                    Marlema Baker, Meetings Administrator

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

Purpose of the Report

The minutes of the previous Strategy and Policy Committee meeting are attached to allow the Committee to confirm that the minutes are a true and correct record.

Recommendation

That the Strategy and Policy Committee agrees that the minutes of the meeting held 8 February 2022 be confirmed as a true and correct record.

 

1) Background

Local Government Act 2002 Schedule 7 Section 28 states that a local authority must keep minutes of its proceedings. The minutes of these proceedings duly entered and authenticated as prescribed by a local authority are prima facie evidence of those meetings.

2) Discussion and Options

The minutes of the meeting are attached. Far North District Council Standing Orders Section 27.3 states that no discussion shall arise on the substance of the minutes in any succeeding meeting, except as to their correctness.

Reason for the recommendation

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

3) Financial Implications and Budgetary Provision

There are no financial implications or the need for budgetary provision.

Attachments

1.       2022-02-08 Strategy and Policy Meeting Minutes - A3579324  


 

Compliance schedule:

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

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

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

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

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

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

Compliance requirement

Staff assessment

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

This is a matter of low significance.

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

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

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

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

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

There are no implications 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.

 

 


Strategy and Policy Committee Meeting Agenda

22 March 2022

 

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

 

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

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

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

1            Karakia TimatAnga – Opening Prayer

Chairperson Smith commenced the meeting with a karakia.

2            Ngā Tono Kōrero / Deputation

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

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

·    Spark’s Māori Business Strategy

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

·    Community Engagement

Presentation provided at meeting

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

 

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

Resolution  2022/1

Moved:       Chair Rachel Smith

Seconded:  Cr Dave Collard

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

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

Against:           Nil

Carried

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

4            Confirmation of Previous Minutes

Attendance: Cr Tepania joined the meeting at 10.08 am.

4.1         Confirmation of Previous Minutes

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

Resolution  2022/2

Moved:       Cr John Vujcich

Seconded:  Cr Kelly Stratford

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

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

Against:           Nil

Carried

5            Reports

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

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

Resolution  2022/3

Moved:       Cr Kelly Stratford

Seconded:  Cr Dave Collard

That the Strategy and Policy Committee recommends that the Council:

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

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

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

Against:           Nil

Carried

 

5.2         Parks and Reserves Policy Development

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

MOTION

Moved:       Chair Rachel Smith

Seconded:  Cr Felicity Foy

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

Amendment

Moved:       Cr David Clendon

Seconded:  Cr Kelly Stratford

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

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

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

aMENDMENT

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Kelly Stratford

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

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

Against:           Nil

Carried

Resolution  2022/4

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Kelly Stratford

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

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

Against:           Nil

Carried

 

5.3         Review of Class 4 Gaming and TAB Venues Policy

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

Resolution  2022/5

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Kelly Stratford

That the Strategy and Policy Committee recommends that the Council:

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

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

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

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

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

Against:           Cr Dave Collard

Carried

 

5.4         Easter Sunday Trading Policy

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

Resolution  2022/6

Moved:       Chair Rachel Smith

Seconded:  Deputy Mayor Ann Court

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

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

Against:           Nil

Carried

 

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

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

Resolution  2022/7

Moved:       Deputy Mayor Ann Court

Seconded:  Cr John Vujcich

That the Strategy and Policy Committee recommend that Council:

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

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

ii)      Clause 6 is changed by:

1)   Adding a new definition:

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

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

iii)     Under Part 2 Maintenance Requirements:

1)   Adding a new ‘related information box’:

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

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

iv)     Clause 7 is changed by:

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

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

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

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

i)       is the most appropriate form of bylaw; and

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

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

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

Against:           Nil

Carried

 

5.6         Review of Vehicles on Beaches Bylaw

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

Resolution  2022/8

Moved:       Chair Rachel Smith

Seconded:  Deputy Mayor Ann Court

That the Strategy and Policy Committee recommends that the Council:

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

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

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

          the proposed Road Use Bylaw

          a potential Reserves Bylaw

          the Speed Limits Bylaw;

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

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

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

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

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

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

Against:           Nil

Carried

6            Information Reports

6.1         Strategic Planning & Policy Business Quarterly October - December 2021

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

Resolution  2022/9

Moved:       Chair Rachel Smith

Seconded:  Cr Kelly Stratford

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

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

Against:           Nil

Carried

 

6.2         Strategy and Policy Action Sheet Update January 2022

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

Resolution  2022/10

Moved:       Chair Rachel Smith

Seconded:  Cr Kelly Stratford

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

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

Against:           Nil

Carried

7            Karakia Whakamutunga – Closing Prayer

Chairperson Cr Smith closed the meeting with a karakia.

8            tE kAPINGA hUI / Meeting Close

The meeting closed at 12.22 pm

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

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

CHAIRPERSON

 


Strategy and Policy Committee Meeting Agenda

22 March 2022

 

5            Reports

5.1         Parking on State Highways Bylaw

File Number:           A3585204

Author:                    Briar Macken, Team Leader - Policy

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

 

Take Pūrongo / Purpose of the Report

To make an amendment to the (proposed) Parking Bylaw to include the regulation of parking and stationary vehicles on sections of state highways in the Far North.

WhakarĀpopoto matua / Executive Summary

·      Waka Kotahi has delegated to Council power of control of parking and stationary vehicle offences on specified sections of state highways in Kawakawa, Paihia, Kaitaia and Kaikohe.

·      Council must make a new bylaw under the Land Transport Act 1998 or amend an existing bylaw to enforce parking and stationary vehicle offences on state highways.

·      On 20 May 2021, Council determined to make a new Parking Bylaw under the Land Transport Act 1998.

·      The Parking Bylaw is the most appropriate policy instrument to regulate parking and stationary vehicle offences on state highways.

·      The Parking Bylaw should be amended in accordance with the Waka Kotahi delegation to enforce parking and stationary vehicle offences on state highways.

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommends that the Council approve, that the Parking Bylaw, to be made under section 22AB of the Land Transport Act 1998, be amended to include the regulation of parking and stationary vehicle offences on State Highways as per the delegation given by Waka Kotahi.

 

1) TĀhuhu kŌrero / Background

On 20 May 2021, the Council determined to make a Parking Bylaw (Bylaw) under the Land Transport Act 1998 [resolution 2021/20 refers]. A draft Bylaw was released for public consultation in September 2021. Analysis of submissions received, and the final draft Bylaw will be presented to Council on 19 May 2022 for adoption. 

The proposed Bylaw only regulates parking on ‘local’ roads and does not regulate parking on state highways as state highways are regulated by Waka Kotahi.

However, Waka Kotahi has since delegated to Council power of control of parking and stationary vehicle offences on state highways that run through urban areas in Kawakawa, Paihia, Kaitaia, and Kaikohe.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Increasing population growth and urbanisation of parts of the Far North District has resulted in more private motor vehicles travelling into, or through, the urban areas.  This has then created:

·      competition for the use of space in central business districts between private motor vehicles and other transport modes, or commercial or recreational activities

·      congestion on the limited number of routes into and through central business districts at “peak” times.

An appropriate method to reduce congestion and competition for space is to regulate parking and stationary vehicles on roads in specific urban and central business areas. Identifying the specific regulation required (e.g., time limits) will require further research and engagement, and will form part of the broader parking policy work stream. 

Waka Kotahi has delegated to Council the power of control of parking and stationary vehicle offences on the following areas of state highways (Refer to attachment 1 for a map showing approximate locations of delegation extent):

·      Kawakawa SH01N,198,12535 to SH011,0,1133

·      Paihia         SH011,14,2892 to SH011,14,1254

·      Kaitaia        SH01N,104,5250 to SH01N,104,8343

·      Kaikohe      Between SH012,10,1062 and SH012,09,276 and SH015,9,1293

The delegations take effect on 01 March 2022 and expire on 30 June 2026. Council can renew the delegations with Waka Kotahi’s agreement if required.

To regulate and enforce parking and stationary vehicle offences on the state highways, Council must make a bylaw under section 22AB of the Land Transport Act 1998 in accordance with the delegation.

The bylaw can be a separate standalone ‘parking on state highways bylaw’ or Council can amend an existing bylaw made under the Land Transport Act 1998 such as the proposed Parking Bylaw.

Option 1: Status Quo / Do Nothing: Do not make a new bylaw or amend an existing bylaw

Regulation of parking and stationary vehicles on state highways will not be able to occur.

Advantages and disadvantages of the status quo

Advantages         No change management process required.

                            No implementation costs required.

Disadvantages    No ability to regulate parking and stationary vehicles on state highways.

Competition for the use of space in central business districts between private motor vehicles and other transport modes continues to occur.

Congestion on the limited number of routes into and through central business districts continues to occur.

Option 2: Make a new Parking on State Highways Bylaw

A new bylaw is made to regulate parking on state highways

Advantages and disadvantages of the status quo

Advantages         The regulation of parking and stationary vehicles can occur on certain sections of state highways as per the delegation from Waka Kotahi.

                            Future planned reviews of the Parking Bylaw are not reliant on the Waka Kotahi delegations.

Disadvantages    Having separate bylaws for parking on local roads and state highways:

·      will require extra resources

·      will require separate consultation processes

·      may lead to an increased risk of the bylaws not being consistent

·      may lead to reputational risk as the public may not know which bylaw to reference.

Option 3: Amend the Parking Bylaw (recommended option)

The Parking Bylaw is amended to include state highways.

The current process to make the Parking Bylaw will not be affected as the Parking Bylaw must be made before the Parking and Traffic Control Bylaw automatically revokes on 22 June 2022.

The amendment to include regulation of parking and stationary vehicles will be presented to Council after the new Parking Bylaw has been adopted.

 

Advantages and disadvantages of the status quo

Advantages         The regulation of parking and stationary vehicles can occur on certain sections of state highways as per the delegation from Waka Kotahi.

                            A combined bylaw regulating parking and stationary vehicles on both local roads and state highways is the most efficient use of resources.

                            A combined bylaw regulating parking and stationary vehicles on both local roads and state highways ensures consistency of regulation across the district.

Disadvantages    Future planned reviews of the Parking Bylaw will be reliant on the Waka Kotahi delegations and amendments may be required if delegations are not renewed.

Take Tūtohunga / Reason for the recommendation

Amending the Parking Bylaw is the most appropriate way to regulate parking and stationary vehicles on state highways.

Next Steps

If Council agrees with the recommendation, draft amendments to the Parking Bylaw and a proposal for consultation will be presented to the Strategy and Policy Committee in the third quarter of 2022.

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

The costs of developing, consulting on, and implementing the bylaw amendment will be met within existing budgets.

Āpitihanga / Attachments

1.       Map of Waka Kotahi delegation locations - A3590945  


 

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

Regulating parking on the specific sections of state highways is likely to generate public interest for the affected communities. However, the amendment to the Parking Bylaw will not result in a change in the level of service, Council’s assets, or operational expenditure. Therefore, according to the Significance and Engagement Policy, the level of significance is medium.

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

The decision will support the implementation of the Council’s Integrated Transport Strategy.  The decision complies with the Council’s obligations under the Local Government Act 2002 and will make appropriate use of the Council’s powers under the Land Transport Act 1998.

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 proposal only applies to the specific sections of state highways in Kawakawa, Paihia, Kaikohe and Kaitaia. Community Board input will be integral to identifying the specific regulation of parking and stationary offences for these sections of state highways. Engagement with community boards will occur during the drafting stage of bylaw development.

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 decision in this report is not significant and does not relate to land or any body of water.

The implications for Māori from the regulation of parking and stationary offences on specific sections of state highways are similar to the impacts on communities generally.

Māori will have an opportunity to contribute during the 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).

Identification of affected and interested people will be completed in the next stage of the bylaw development process. However, at the initial stages of bylaw development, affected and interested parties include:

·        local business owners

·        Community Boards

·        Waka Kotahi

·        Northland Transportation Alliance

·        Motorists who use central business districts in Kawakawa, Paihia, Kaikohe and Kaitaia.

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

Costs of the decision can be met within existing budgets.

Chief Financial Officer review.

This report has been reviewed by the Chief Financial Officer

 

 


Strategy and Policy Committee Meeting Agenda

22 March 2022

 

Maps showing approximate locations of delegation extent for parking and stationary offences from Waka Kotahi

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Strategy and Policy Committee Meeting Agenda

22 March 2022

 

5.2         Adoption of the Regional Climate Change Adaptation Strategy

File Number:           A3594420

Author:                    Donald Sheppard, Sustainability Programme Coordinator

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

 

Take Pūrongo / Purpose of the Report

The Strategy and Policy Committee recommend that Council adopt the Te Taitokerau Climate Change Adaptation Strategy which was endorsed by the Joint Climate Change Adaptation Committee on 29 November 2021.

WhakarĀpopoto matua / Executive Summary

·      Climate change adaptation approaches and actions by Northland’s councils need to be coordinated to be successful and efficient.

·      On 20 August 2018, the Chief Executive Officers Forum endorsed the development of a draft climate change strategy for Northland.

·      On 30 September 2021, feedback was sought from the Council on the draft Te Taitokerau Climate Change Adaptation Strategy (the Strategy).

·      On 29 November 2021, the Joint Climate Adaptation Committee (the Joint Committee) endorsed the Strategy for adoption by the individual Northland local councils.

·      It is recommended that Far North District Council adopts the Strategy to ensure a consistent approach to climate change adaptation across the region.

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommends that Council adopts the Te Taitokerau Climate Change Adaptation Strategy.

 

1) TĀhuhu kŌrero / Background

On 23 July 2018 representatives of Far North District Council, Kaipara District Council, Whangārei District Council, Northland Regional Council, and the Northland Transport Alliance agreed that a mandate was needed for a cross-council working group to be established to ensure the success of a regional approach on climate change adaptation

On 20 August 2018 the Chief Executive Officers Forum endorsed a Terms of Reference for a Climate Change Working Group, now known as Climate Adaptation Te Tai Tokerau (CATT) and appointed the Chief Executive Officer of Kaipara District Council as the project sponsor.  Members of CATT include staff from the four Northland local authorities as well as iwi and hapū representatives.  The purpose of CATT is to develop a collaborative regional approach to climate change adaptation planning for local government in Northland, including a draft climate change strategy for the region.

Along with other Northland councils, Far North District Council approved the formation of the Joint Climate Change Adaptation Committee (Joint Committee), consisting of elected members, and iwi and hapū representatives from the four Northland local authorities. This was approved by Council on 10 December 2020. The Joint Committee provides direction and oversight of the development and implementation of climate change adaptation activities by local government in Te Tai Tokerau, including the development of the regional Strategy.

On 30 September 2021, Council’s elected members discussed the draft strategy and suggested several changes which were included in the Strategy, i.e. - including greater emphasis on the opportunities arising from climate change adaptation.

On 29 November 2021, the Joint Committee endorsed the Strategy for adoption by the individual local councils subject to two amendments:

1.    implementation of Three Waters Reform to trigger a ‘major’ rather than a ‘minor’ review of the Strategy

2.    text regarding the Aupōuri aquifer to be amended to refer to the uncertainty of the effects of climate change.

 

Council’s Role regarding Climate Change Adaptation

A range of current legislation and government advice supports council actions to adapt to climate change:

·      The Local Government Act 2002. As climate change will have many impacts on the “four well-beings” at the community level, council must play a key role of “prudent stewardship” in assisting communities adapt to climate change both in the present and for future generations

·      The Resource Management Act 1991 (RMA).  Under the RMA, council is required to have “particular regard to the effects of climate change”

·      The first National Climate Change Risk Assessment. The government released this Assessment in August 2020. This identified 43 risks that could have major or extreme consequences for New Zealand and noted that Māori will be disproportionately impacted by these risks

·      The New Zealand Coastal Policy Statement 2010 requires managing of coastal hazard risks “taking account of climate change".  The associated advice, Coastal Hazards and Climate Change: Guidance for Local Government 2017, outlines an adaptive planning approach for council and communities to plan for the impacts of climate change on coastal communities. A priority action in the regional Strategy is to work with at risk coastal communities using this adaptive planning approach.

Relevant Planned Future Legislation

·      A Climate Change Adaptation Act will be passed into law as part of RMA reforms. This Act will address the complex issues associated with managed retreat and the funding and financing of adaptation

·      A National Adaptation Plan will be published in late 2022. It will address the risks identified in the National Climate Change Risk Assessment and will set out the government’s objectives, strategies, policies, proposals, and timeframes regarding climate change adaptation.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Overview of the Strategy

The Strategy focuses on climate change adaptation (responding to and managing the effects of climate change) rather than on mitigation (reducing carbon emissions).

The content of the Strategy is summarised in the following diagram: 

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Objectives

Key objectives of the Strategy include:

·      improving understanding of the risks of climate change to the Northland region by Northland councils

·      clarifying adaptation needs and responsibilities in the region

·      identifying opportunities to improve local government adaptation responses

·      listing priority climate change adaptation actions for local government in Northland.

Principles

The Strategy lists ten climate adaptation principles which broadly align with the principles of Far North District Council’s Climate Change Roadmap.

1

Treaty of Waitangi and Te Tiriti o Waitangi

Working collaboratively with Tangata Whenua

2

Whanaungatanga

Working together to build relationships and a sense of connection across the region

3

Co-production of knowledge

Alongside western science, enable mātauranga to help understand climate changes and inform decisions

4

Considered

Research-led, evidence-based, values-driven policy and decision-making

4

Considered

Research-led, evidence-based, values-driven policy and decision-making

5

Ka mua, ka muri

Balance present-day needs and responsibilities with the rights of future generations

6

Transformative

Use innovation to take advantage of opportunities

7

Transition

Align adaptation with emissions reductions and transition actions

8

Equitable

Ensure ‘no one is left behind’

9

Holistic

Enhance the four wellbeing’s

10

Integrated

Embed a climate change lens across all council activities

 

The Strategy is Designed as a Living Document

To stay up-to-date and relevant, the Strategy includes processes to respond to changing circumstances, such as emerging government legislation and learnings from adaptation projects.

Implementation of the Strategy

Far North District Council is responsible for the implementation of 32 of the 46 priority actions listed in the Strategy. Of these, 24 are already included in current Council work programmes. It is expected that these projects will gain momentum, with further funding requested in the 2024-2034 Long Term Plan.

If council adopts the Strategy, other listed priority actions which are not yet underway will be presented as business cases to Council with funding again sought in the 2024-2034 Long Term Plan. This is discussed further in section 3 of this report: Financial Implications and Budgetary Provision.

Implications for Māori

Climate change poses significant risks to Māori, with potentially disproportionate impacts as noted in the National Climate Change Risk Assessment.

The effects of climate change will have ‘significant impacts in relation to land or a body of water’. As stated in section 77 of the Local Government Act 2002, council decisions must therefore “take into account the relationship of Māori and their culture and traditions with their ancestral land, water, sites, wāhi tapu, valued flora and fauna, and other taonga”.

The Full Strategy document (attachment 1, page 23) discusses the impacts of climate change on Māori. Priority actions are also listed which relate directly to Māori (see attachment 2, actions 1,2,9, and 10).

Communication and Engagement

Anticipating that the Strategy will be adopted by the four individual councils, a Regional Climate Adaptation Communications Working Group has been established with oversight by the Joint Committee. This Group includes staff from the communications and engagement teams of each of the four Northland councils. The Group is developing a communications plan to assist the public release of the Strategy.

In line with Council’s Significance and Engagement Policy, the level of significance for the Strategy is low, as the Strategy is consistent with Council’s plans and policies. That said, effective community engagement is essential to the implementation of the strategy. Best practice principles of public participation will be applied as appropriate regarding specific priority actions. 

Options Considered

No.

Option

Advantages

Disadvantages

1

Council adopts the regional Strategy

Effective and efficient use of council resources

The Strategy provides a broad direction for climate change adaptation, while still allowing Far North District Council to tailor plans and programmes to specifically meet the needs of our communities within available resources

Ensures a consistent ‘joined up’ approach to climate adaptation across the Northland Region

Opportunities to learn from climate adaptation activities conducted by other Northland councils

Supports the Northland Region as a whole

Opportunity to lobby and seek funds from central government and from government agencies from a place of greater strength

Spreading the financial load of climate adaptation work e.g.

·  As part of the Strategy, Whangārei District Council is funding development of the Te Ao Māori Climate Change Decision Making framework for the benefit of all four Northland councils

·  Northland Regional Council has budgeted to provide considerable funding to support local community adaptive planning in the Far North.

A ‘joined up’ regional Strategy may be perceived as not allowing Far North District Council to do what is best for its communities.  However, the Strategy is broad enough to allow Far North District Council to tailor plans and programmes to best meet the needs of its communities.

 

2

Council does not adopt the regional Strategy

None

Relatively ineffective and inefficient use of council resources

Council’s approach will be inconsistent with other Northland local councils

Reduced opportunity to learn from the activities of other Northland councils

Less supportive of Northland as a whole

A weaker position for Far North District Council when dealing with government

Financial load for Far North District Council will be greater, as it will not be shared with other councils in the region

NB. A third possible Option, to amend the Strategy to better meet the needs of the district, is not included above, as council’s elected members have already made suggestions to amend the draft Strategy at the Strategy review workshop on 30 September 2021, and these suggestions were incorporated into the final Strategy documents which are up for adoption.

Recommended option:  Option 1 - Council adopts the Regional Strategy.

Take Tūtohunga / Reason for the recommendation

The recommended option of adopting the Regional Strategy will:

·      ensure effective and efficient use of resources in adapting to climate change

·      help ensure a consistent approach to climate change adaptation across the Region, without limiting the ability of Council to tailor projects and programmes to best meet the needs of our communities

·      provide opportunities for Far North District Council to learn from the climate adaptation work by other Northland councils

·      enable Far North District Council to work together with other local councils for the good of Northland as whole

·      provide a platform to engage with government from a position of greater strength

·      spread the financial load of climate adaptation work for Far North District Council.

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

Climate change adaptation will come with considerable cost to Far North District Council and this is likely to increase substantially over successive Long Term Plan periods. To date, this work is in its initial stages (involving investigation and planning). In the future larger expenditure will occur as more projects are initiated and current projects move to the implementation phase.

NB. Adopting the Strategy does not commit Council to specific expenditure amounts. Flexibility is provided to allow Council to tailor projects to meet the needs of the community within available budgets and resources. 

Currently, $974,976 is included in the 2021-2024 Long Term Plan period to cover climate change work (both adaptation and mitigation projects). The adaptation projects funded in the 2021-2031 Long Term Plan align with the priority actions in the Strategy listed in Attachment 2.

A small number of the 32 priority actions which FNDC will be responsible for have not yet been resourced or funded (these are noted in Attachment 2). It is anticipated that when the Strategy is adopted, business cases will be prepared for these projects requesting expenditure in the 2024 to 2034 Long Term Plan.

Some funding for the priority actions in the Strategy will come from external sources, for example:

·      Northern Regional Council has a substantial budget to assist Far North District Council’s climate adaptation work

·      The Department of Internal Affairs has provided funding to assist the development of the Te Ao Māori Climate Change Decision-making Framework (see priority action 2 listed in Attachment 2)

·      The Deep South Science Challenge has provided seed funding of $25,000 to the CATT group to help improve engagement with Tangata Whenua and has indicated that further funding of up to $300,000 may be available for this work (also for priority action 2).

Āpitihanga / Attachments

1.       Te Tai Tokerau Climate Adaptation Strategy Final Version 230222 - A3605452

2.       Te Tai Tokerau Climate Adaptation Strategy Appendix One - Priority Actions - A3605971

3.       Te Tai Tokerau Climate Adaptation Strategy Appendix Two - Climate risk overview - A3605950  


 

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

The first test of whether a decision is of high significance is if it is inconsistent with council plans and policies.

The decision to adopt the regional climate adaptation Strategy is not inconsistent with council’s plans and policies which refer to climate change, such as:

·   The Climate Change Roadmap

·   The proposed District Plan

·   The Infrastructure Strategy 2021

·   The Financial Strategy 2021

·   Far North 2100

·   The Climate Change Risk Register

Therefore, this decision is not a significant one.

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

The Strategy is far-reaching and its principles, values, focus areas and priority actions are likely to affect a wide range of council policies, plans and projects (both internal and external) including:

·   Long Term Plans

·   Spatial Plans

·   The District Plan

·   Community Plans

·   The proposed climate assessment policy

·   Council’s risk register and associated treatments

·   Climate change engagement strategy

·   The infrastructure Strategy

·   Asset management plans

·   Civil defence plans etc.

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.

As a District-wide and regional Strategy, the decision to adopt the Strategy is not a matter within the delegations of Community Boards.

However, many of the priority actions in the Strategy will vitally affect local communities and in these areas Community Board involvement will be essential. Community Board involvement will therefore be on a project-by-project basis. For instance, when Council engages with threatened coastal communities to conduct adaptive planning, Community Board involvement will be vital.

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.

As noted in the body of this report, the Strategy will have a significant impact on iwi and hapū in the Far North. This is recognised throughout the Strategy document, particularly, in the section Impacts on Māori on page 23 (Attachment 1).

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).

Climate change is already affecting everyone in the Far North and its impacts are forecast to increase in frequency and severity.

For example:

·   around 33 coastal communities in the Far North are predicted to be affected by coastal erosion and/or inundation associated with sea level rise

·   river flooding is predicted to increase, exacerbated by sea level rise and the increasing intensity of storms (warmer air has a greater capacity to hold water vapour)

·   farmers and orchardists will be affected as warmer weather affects growing conditions, with new agricultural pests a possibility

·   financial pressures are likely to increase as insurance companies either stop insuring properties in at risk areas or increase premiums.  This will affect peoples’ ability to obtain mortgages.

The examples above indicate that the climate change adaptation projects listed in the Strategy must be very inclusive of all groups in the community.

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

See the discussion of financial implications and budgetary provisions in the body of this report.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report

 

 


Strategy and Policy Committee Meeting Agenda

22 March 2022

 

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Strategy and Policy Committee Meeting Agenda

22 March 2022

 

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Strategy and Policy Committee Meeting Agenda

22 March 2022

 

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Strategy and Policy Committee Meeting Agenda

22 March 2022

 

5.3         Review of Maritime Facilities and Mooring Charges Bylaws

File Number:           A3602441

Author:                    Briar Macken, Team Leader - Policy

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

 

Take Pūrongo / Purpose of the Report

To approve the development of a new Maritime Facilities Bylaw.

WhakarĀpopoto matua / Executive Summary

·      The Maritime Facilities Bylaw and Mooring Charges Bylaw (Bylaws) are both due for review.

·      The purpose of the Bylaws is to protect Councils assets from damage and misuse and to impose fees on users of maritime facilities.

·      The Bylaws are largely unenforced.

·      A bylaw is still the most appropriate way to address the regulation of maritime facilities in the Far North.

·      The Bylaws are no longer an appropriate form of bylaw because the Bylaws are not certain (clear) and are not consistent with relevant laws and legislation.

·      The Maritime Facilities Bylaw and Mooring Charges Bylaw should be replaced by a new single Maritime Facilities Bylaw

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommend that Council approve the development of a new Maritime Facilities Bylaw, under section 145 and 146 of the Local Government Act 2002.

 

1) TĀhuhu kŌrero / Background

The Maritime Facilities Bylaw and the Mooring Charges Bylaw were both made on 02 August 2002 under the Northland Regional Council and Far North District Council Vesting and Empowering Act 1992. There is no legal requirement to regularly review these bylaws.

However, best practice is to review all bylaws at least every 10 years. Therefore, the Maritime Facilities Bylaw and Mooring Charges Bylaw are due for review.

When reviewing a bylaw Council should determine whether the bylaw:

•      is still the most appropriate way of addressing the perceived problems with respect to maritime facilities and mooring charges

•      is still the most appropriate form of bylaw

•      gives rise to any implications under the New Zealand Bill of Rights Act 1990.  

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Problems to be addressed

The Determination Report (27 May 2002) stated that a user pays system was required to self-fund the mooring pool and boat ramp facilities. A bylaw was the most appropriate method to collect fees for moorings and users of boat ramps.

A bylaw was also required to protect maritime facilities from misuse and damage.

Recently, commercial entities have been using recreational maritime facilities in a way that is in direct competition with recreational users and limits the availability of these maritime facilities for local residents, visitors, and recreational boat users. One example of this tension is the availability and use of the boat ramp at Ōpito Bay, east of Kerikeri, where the activities of commercial oyster farmers has angered some residents.

Review findings

Council staff engaged Allen + Clarke to undertake a review of the Maritime Facilities Bylaw and Mooring Charges Bylaw. The Allen + Clarke report is attached (attachment 1). An overview of the review findings is outlined below. 

The review identified that a bylaw is still the most appropriate way to address perceived problems regarding maritime facilities as there is no other regulatory instrument or method with which Council could use to manage and regulate the maritime facilities under its jurisdiction.  However, the review identified that the form of both bylaws is no longer appropriate.

The Mooring Charges Bylaw sets a fee of $25 per pile or swing mooring and the Maritime Facilities Bylaw includes a schedule of fees for recreational and commercial use of maritime facilities. The collections of fees have been largely disregarded and unenforced.  A new bylaw regulating maritime facilities made under section 145 and 146 of the Local Government Act 2002, would allow for enforcement opportunities.

The report in attachment 1 discusses options for the most appropriate form of bylaw for regulating the safe and equitable use of maritime facilities in the Far North.

Criteria for assessing regulatory methods regarding maritime facilities

An assessment of potential options for updating and improving the bylaws was undertaken based on the following criteria:

1.    The option facilitates an appropriate balance of recreational and commercial use of local maritime facilities.      
The bylaw must enable and ensure an appropriate balance between users who have commercial operations (fishermen, charter boats, etc) and those using the facilities for recreational purposes, particularly local ratepayers, who reside in the District specifically to take advantage of the access to water.

2.    Financial benefits for Council.        
Changes to the bylaw should introduce the possibility of revenue collection for the FNDC. Currently, Council generates very little revenue from maritime assets that are in high demand and suffer significant “wear and tear”. While other territorial authorities charge for using maritime facilities, Council is not currently maximising the popularity of maritime assets among recreational and commercial users alike.

3.    Community endorsement and satisfaction.      
An imbalance between recreational and commercial activities at some sites has created tensions between residents, visitors, and commercial operators. The revised bylaw must reconcile competing interests in such a way that ratepayers and the community are satisfied that there is an appropriate balance of different activities across maritime facilities throughout the district.

The review recommended amalgamating the Maritime Facilities Bylaw and Mooring Charges Bylaw into a single Maritime Facilities Bylaw:

·        made under the Local Government Act 2002

·        that includes a sliding scale fees system for both commercial and recreational users

·        that includes the establishment of pre-specified commercial and recreations maritime facilities (zones).

 

Option One: Make a new Maritime Facilities Bylaw (recommended option)

A new bylaw is developed which amalgamates both the Maritime Facilities Bylaw and Mooring Charges Bylaw into a single Maritime Facilities Bylaw made under the Local Government Act 2002.

The new Maritime Facilities Bylaw should include:

·        a sliding scale fees system for both commercial and recreational users

·        the establishment of pre-specified commercial and recreations maritime facilities (zones).

Further engagement is required to draft the most appropriate form of bylaw.

Advantages and disadvantages of making a new Maritime Facilities Bylaw

Advantages        

·      Bylaw will align with relevant laws and legislation

·      Bylaw will allow for easier enforcement of provisions

·      Bylaw will have improved clarity and certainty

·      Bylaw will facilitate an appropriate balance of recreational and commercial use of maritime facilities

·      Bylaw will support the ongoing maintenance and long-term improvements required for maritime facilities

·      Having one bylaw relating to maritime facilities is an efficient and effective use of Council resources and will further support clarity regarding the regulation of maritime facilities.

Disadvantages

 None.

 

Option Two: Continue both the Maritime Facilities Bylaw and Mooring Charges Bylaw with amendments

Both bylaws stay in force and amendments are made to ensure the bylaws:

·      are made under the Local Government Act 2002

·      are clear and certain

·      allow for enforcement opportunities

·      have an appropriate sliding scale fees system for both commercial and recreational users.

·      include the establishment of pre-specified commercial and recreations maritime facilities (zones).


Further engagement will be required to draft the most appropriate form of bylaw.

Advantages and disadvantages of continuing both the Maritime Facilities Bylaw and Mooring Charges Bylaw with amendments

Advantages        

·      Bylaws will align with relevant laws and legislation

·      Bylaws will allow for easier enforcement of provisions

·      Bylaws will have improved clarity and certainty

·      Bylaws will facilitate an appropriate balance of recreational and commercial use of maritime facilities

·      Bylaws will support the ongoing maintenance and long-term improvements required for maritime facilities.

Disadvantages

·      Having two bylaws relating to maritime facilities is not an efficient and effective use of Council resources and may lead to public confusion regarding the regulation of maritime facilities.

 

 

Option Three: The Maritime Facilities Bylaw and Mooring Charges Bylaw continue without amendment

The Bylaws stay in force with no changes

The current form of both bylaws does not effectively address the perceived problem and is therefore not a viable option.

Option Four: Revoke both the Maritime Facilities Bylaw and Mooring Charges Bylaw and not make a new bylaw

There is no other regulatory instrument or method with which Council could otherwise manage and regulate the maritime facilities under its jurisdiction. Not having a bylaw in place would leave the maritime assets open to physical neglect and potentially inappropriate and hazardous use. For this reason, having no bylaw at all is not considered an option.

Take Tūtohunga / Reason for the recommendation

A bylaw is still the most appropriate way of addressing the perceived problems regarding maritime facilities.

A new form of bylaw is required to ensure the bylaw:

·      is consistent with relevant laws and legislation

·      allows for easier enforcement of provisions

·      is certain (clear).

Next steps

If Council agrees with the recommendation, a new form of bylaw will be drafted and is planned to be presented to the Strategy and Policy Committee third quarter 2022.

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

The cost of developing a new bylaw will be met from existing operation budgets.

Āpitihanga / Attachments

1.       Allen + Clarke Maritime Facilities Bylaw Options Paper - A3603852

2.       Maritime Facilities Bylaw 2002 - A2674402

3.       Mooring Charges Bylaw 2002 - A2674471  


 

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

In line with the Significance and Engagement policy the recommendation to make a new bylaw is consistent with existing plans and policies. Therefore, the level of significance is 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 Local Government Act, section 145, 146 and 155 apply to the decision recommended in this report.

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

 

The bylaw recommended in this report has District wide relevance.

However, the perceived problems regarding maritime facilities that the bylaw is aiming to address affect local communities. Community Board involvement will be essential during the next stage of bylaw development. 

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.

Seeking the views and input of iwi in the development of bylaws is integral. Access to maritime facilities plays a part in ensuring the wellbeing of tangata whenua. Māori will be given an opportunity to contribute during the engagement and consultation stage of the bylaw development 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).

Affected and interested parties will be given an opportunity to share their views and preferences during the engagement stages of bylaw development.  A full stakeholder analysis will be undertaken before engagement occurs. At this early stage of bylaw development affected and interested parties include:

·        local residents affected by maritime facility use

·        commercial and recreational users of maritime facilities

·        Far North Holdings Ltd.

·        Northland Regional Council

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

The cost of developing a new bylaw will be met from existing operation budgets.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Strategy and Policy Committee Meeting Agenda

22 March 2022

 

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Strategy and Policy Committee Meeting Agenda

22 March 2022

 

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Strategy and Policy Committee Meeting Agenda

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Strategy and Policy Committee Meeting Agenda

22 March 2022

 

5.4         FNDC Speed Limit Reviews - Recommended Speed Limits

File Number:           A3604276

Author:                    Briar Macken, Team Leader - Policy

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

 

Take Pūrongo / Purpose of the Report

To confirm new speed limits as set out in the Regional Speed Limit Review - Kaitāia-Awaroa-Broadwood-Moerewa urban and Te Oneroa-a-Tōhe Ninety Mile Beach Recommendations Report (Attachment 1).

WhakarĀpopoto matua / Executive Summary

·      This Agenda and Attachments set out all the matters that a Road Controlling Authority must consider when setting a new speed limit, including the results of consultation and recommended speed limits to be implemented. 

·      The information provided meets the requirements of the Setting of Speed Limits Rule 2017; Land Transport Act 1998; and Local Government Act 2002 to enable Council, in its capacity as a Road Controlling Authority to confirm the new speed limits.

·      This Agenda recommends the confirmation of proposed speed limits to enable contracts and maintenance schedules to be agreed for the installation of new signage and completion of any other physical works prior to changes in the Bylaw being made.  Amendments to the Bylaw, including identification of the operative date will be the subject of a separate Agenda and Report.

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommend that Council:

a)   receive, in its capacity as a Road Controlling Authority, the attached Regional Speed Limit Review Technical Report – Kaitāia-Awaroa-Broadwood-Moerewa urban and Te Oneroa-a-Tōhe Ninety Mile Beach (Attachment 2).

b)   approves, in its capacity as a Road Controlling Authority, pursuant to Section 22AB(1)(d) of the Land Transport Act 1998, new speed limits set out in the Regional Speed Limit Review - Kaitāia-Awaroa-Broadwood-Moerewa urban and Te Oneroa-a-Tōhe Ninety Mile Beach – Recommendations Report, as set out in Attachment 1

c)   defers making amendments to the Speed Limits Bylaw 2019 set out in Attachment 1 Regional Speed Limit Review - Kaitāia-Awaroa-Broadwood-Moerewa urban and Te Oneroa-a-Tōhe Ninety Mile Beach – Recommendations Report until signage to make the new speed limits enforceable is installed.

 

1) TĀhuhu kŌrero / Background

Council is a Road Controlling Authority (RCA) within the Far North District and has a statutory role in managing the district’s local roads (other than State Highways), including the setting of speed limits.  This statutory role as an RCA is set out under the Land Transport Act 1998, which also enables Council to make a bylaw that fixes the maximum speed of vehicles on any road for the safety of the public, or for the better preservation of any road (Section 22AB(1)(d)).

As part of the Road to Zero National Road Safety Strategy, Far North District (Council) is undertaking a rolling review of speed limits across the district. This review is part of a region wide speed review programme, led by the Northland Transportation Alliance (NTA).

On 15 June 2021, the Strategy and Policy Committee approved a consultative process and adopted a Statement of Proposal in accordance with Section 83 of the Local Government Act 2002 (Special Consultative Procedures).

The Recommendations Report (Attachment 1) have been prepared, having considered the submissions received; the road environment; national speed management guidance; the matters set out in the Setting of Speed Limits Rule 2017; and current and future planned development.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The report in Attachment 1 summarises the public submissions and makes recommended changes to proposed speed limits.  If the Strategy and Policy Committee recommends that Council adopt the Recommendations Report, NTA staff advise that they will be able to commence the procurement process to implement the new speed limits.  Prior to the unveiling of new signage, the Committee will be asked to make the required amendments to the Speed Limits Bylaw in a separate agenda item.

Recommendations Report

The Recommendations Report provides an overview of:

·      The setting of speed limits process

·      Consultation undertaken

·      Feedback received and responses to that feedback

·      Specific changes to speed limits on a road-by-road basis, including maps.

 

Technical Report

The Regional Speed Limit Review Technical Report – Kaitāia-Awaroa-Broadwood-Moerewa urban and Te Oneroa-a-Tōhe Ninety Mile Beach (Attachment 2) sets out all matters that must be considered by the Road Controlling Authority when setting a speed limit.  When considered together, the Recommendations Report and the Technical Report address all the matters that must be considered under the Setting of Speed Limits Rule 2017. 

Implementation

Speed limit signage must match the operative speed limits set out in the Speed Limits Bylaw to ensure that the new speed limits are legally enforceable.  To achieve this, NTA takes a two-stage approach to implementing new speed limits:

·      Stage 1 – confirming recommended speed limits to enable final detailed design, procurement, and installation of new signage.  Adopting the Recommendations Report and receiving the Technical Report is stage 1 of the implementation process.

·      Stage 2 – making changes to the Speed Limit Bylaw and identifying an operative date.  Changes to the Bylaw will be made in a separate agenda item when the installation is nearing completion and an unveiling (of new signage) date is established with contractors.

In addition to signage, some engineering work may also be required to ensure that the adopted speed limit is self-explaining.  In many cases, this additional engineering work is not required for speed limit enforceability; but is required to ensure maximum compliance with the new speed limits and to maximise the road safety benefits.  This is a key principle in the Speed Management Guidance and the Setting of Speed Limits Rule 2017.

Take Tūtohunga / Reason for the recommendation

The recommendations are consistent with the outcome of a public consultation process undertaken in accordance with Section 156 of the Local Government Act 2002.

The two-stage process of confirming proposed speed limits first, then making amendments to the Bylaw at a later stage ensures that all legal requirements to make the Bylaw enforceable (including signage) can be co-ordinated appropriately.

Next Steps

If the Recommendations Report is adopted, NTA staff will commence the final detailed design and procurement process to install the required signage.  This work will be incorporated into existing operational budgets.

Once there is certainty that all signage will be completed, an additional Agenda Item will be put before Council requesting that appropriate amendments to the Bylaw be made, including a date when the new speed limits come into force.

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

The costs to implement the amended bylaw will come from existing operational budgets.

Completion of some recommended engineering work to ensure a high level of compliance with new speed limits may require new LTP funding.

Āpitihanga / Attachments

1.       FNDC Recommendations Report Kaitaia Awaroa for Agenda - A3605043

2.       Technical Report Kaitäia - Awaroa - Broadwood - Moerewa urban and Te Oneroa-a-Töhe Ninety Mile Beach - A3605045  


 

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

In line with the Significance and Engagement Policy the recommendation to amend the bylaw is consistent with Council’s plans and policies and will have little effect on financial thresholds, ratepayers, specific demographics, or levels of service.

Therefore, the level of significance is 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 following legislation, rules, and national strategies apply to the decisions recommended in this report.

·    Land Transport Act 1998

·    Setting of Speed Limits Rule 2017

·    Section 156 of the Local Government Act 2002

New Zealand Road Safety Strategy 2020-2030

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.

 

There is a District wide relevance in changing speed limits.  Draft proposals were presented to all Community Boards prior to notification.

All proposals were approved through Council prior to public notification.

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 decision in this report includes recommended changes to speed limits on Te Oneroa-a-Tōhe Ninety Mile Beach, consistent with the Beach Management Plan.  The proposed changes were presented to and discussed at a Te Oneroa-a-Tōhe Board meeting, who were also directly notified when submissions were sought.  Marae within the review areas were directly notified and provided the opportunity to contribute during the consultation process.

This decision implements Action A:38 of the Te Oneroa-a-Tōhe Beach Management Plan, which is an outcome of the Treaty Settlement 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).

A public consultation process was undertaken in accordance with Section 156 of the Local Government Act 2002.  Consultation and the outcomes of that consultation are set out above and in the attached reports.

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

The costs to implement the amended bylaw will come from existing operational budgets.

Chief Financial Officer review.

This report has been reviewed by the Chief Financial Officer.

 

 


Strategy and Policy Committee Meeting Agenda

22 March 2022

 

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Strategy and Policy Committee Meeting Agenda

22 March 2022

 

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Strategy and Policy Committee Meeting Agenda

22 March 2022

 

6            Information Reports

6.1         Update on Spatial Planning

File Number:           A3549925

Author:                    Roger Ackers, Manager - Strategy Development

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

 

TAKE PŪRONGO / Purpose of the Report

To provide an update to the Committee on the spatial planning projects that are in progress.

WHAKARĀPOPOTO MATUA / Executive SummarY

·      The Kerikeri/Waipapa Spatial Plan has progressed with a series of internal and then external hui and workshops with partners and stakeholders.

·      The initial engagement has identified several significant risks that have a material impact on the project objective of delivering a draft spatial plan to the 6 September 2022 Strategy and Policy Committee.

·      Staff are working a revised project plan to address the risks identified from the workshops and hui.

·      There are no updates on progress made on the development of a Regional Spatial Plan that delivers on the Government’s Urban Growth Agenda.

 TŪTOHUNGA / Recommendation

That the Strategy and Policy Committee receive the report Update on Spatial Planning.

 

tĀHUHU KŌRERO / Background

Staff previously provided an update to the 19 October 2021 Strategy and Policy Committee on the Spatial Planning projects in progress.  This report provides an update on the activity and progress on the following projects for the period between - 20 October 2021 to 2 March 2022:

·      Kerikeri/Waipapa Structure Plan Review.  As previously communicated the review of the Kerikeri/Waipapa Structure Plan is based on the requirements of a Future Development Strategy as per Subpart 4 of the National Policy Statement on Urban Development 2020.

·      Northland Urban Growth Partnerships.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Kerikeri/Waipapa Spatial Plan (Kerikeri/Waipapa Structure Plan Review). 

The following activity occurred in the period between 20 October 2021 to 2 March 2022;

·      September 2021 – December 2021: Continuation of meetings and workshops with internal subject matter experts

·      21 September 2021: Initial workshop with elected members

·      December - January 2022:  Procurement of a professional project manager with experience project managing spatial plans

·      December 2021 - January 2022: Initial engagement planning

·      February 2021: initial engagement meetings, workshops, and hui with iwi/hapū lead by Ngāti Rēhia, community groups, representatives from key government agencies and developers. The community requested that these workshops be moved from December 2021 to the first quarter of 2022.

·      January - February 2022: A comprehensive project plan developed for the Kerikeri-Waipapa Spatial plan.  The development of this project plan identified key risks associated with the goal of delivering a draft spatial plan to the 6 September 2022 Strategy and Policy Committee.

·      2 March 2022:  Initial meeting of an internal steering group.  The group considered the following;

 

o   reviewed and endorsed the approach being taken to the development of the Kerikeri/Waipapa Spatial Plan. The evidence-based approach being taken to the development of the Kerikeri/Waipapa Spatial Plan can be found in attachment one

o   Reviewed the key risks identified from the project plan development process

o   Provided direction to the project team based on the recommendation made by the project lead on how to respond to the project risks. The direction given was to revise the project plan to deliver a Foundation Document to the Strategy and Policy Committee on 6 September 2022.  This was initially identified to be delivered to the 14 June 2022 Strategy and Policy Committee.  The Project Team is now revising the Project Plan based on this direction.

Key risks identified by the project planning process

·      The timeframes put forward in the original project plan contained no built-in contingency.

·      The project has already been delayed due to the community groups wanting to push workshops from December 2021 to the first quarter 2022.

·      The original project plan did not allow for time for the establishment of key relationships with hapū and iwi and for meaningful engagement and consultation with the groups and government organisations that must be engaged with when developing a Future Development Strategy under the National Policy Statement Urban Development.

·      The initial hui with hapū and iwi identified a desire for hapū and iwi to form a working group.  The project has also recognised Ngāti Rēhia as the lead hapū.  How these partnerships will be respected through the local government approval process for the spatial plan for Kerikeri/Waipapa needs to be determined. Time to do this was not factored into the original project plan.

·      The internal and external workshops and hui identified two key pieces of evidence that were not initially identified in the original project plan that were not factored into the original project plan. These are;

o   A development feasibility study that tests the market sentiment for the form of development that will be enabled through the Draft District Plan. This will also consider and inform any conclusions on housing affordability.

o   A ‘well-functioning’ assessment of the areas urban in character within the Kerikeri/Waipapa Spatial Plan review area.

Plan for the next period;

·      Complete the revision of the project plan for the Kerikeri/Waipapa Spatial Plan to address the risks identified in this report

·      Work alongside Ngāti Rēhia to establish a hapū/iwi working group and to inform the establishment of an appropriate governance structure that respects the partnerships with iwi and hapū

·      Procure in expertise and commence the development feasibility study and well-functioning assessment identified from the initial engagement with partners and stakeholders

·      Meet with central government agencies to establish how they want to, can and must participate in the development of a Spatial Plan for Kerikeri/Waipapa according to their various functions and mandates

·      Meet with Far North Holdings to understand what part they want to play in contributing to the development of the Kerikeri/Waipapa Spatial Plan

·      Continue the drafting of the Kerikeri/Waipapa Plan bringing relevant datasets including a new population projection which is due to be delivered in March 2022.

Northland Urban Growth Partnerships

There are no further updates on the development of a regional spatial plan.  Staff from the Ministry of Housing and Urban Development have provided feedback on the approach to the Kerikeri/Waipapa Spatial Plan in the context of a potential regional spatial plan.

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

There are no budgetary or financial implications associated with this report.

Āpitihanga / Attachments

1.       Kerikeri-Waipapa Spatial Plan Development Approach - A3616420  

 


Strategy and Policy Committee Meeting Agenda

22 March 2022

 

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Strategy and Policy Committee Meeting Agenda

22 March 2022

 

6.2         Joining the Sustainable Business Network

File Number:           A3606348

Author:                    Donald Sheppard, Sustainability Programme Coordinator

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

 

TAKE PŪRONGO / Purpose of the Report

To inform elected members that Far North District Council is applying to join the Sustainable Business Network.

WHAKARĀPOPOTO MATUA / Executive SummarY

The Sustainable Business Network has over 500 members who are working to become more sustainable.

Membership will offer Far North District Council:

·      Tools and resources in three broad areas: Climate Change, Waste Management and Regenerating Nature

·      The ability to learn and collaborate with other organisations facing similar sustainability challenges to the Council

·      Access to advice and learning opportunities on sustainability matters

 TŪTOHUNGA / Recommendation

That the Strategy and Policy Committee receive the report - Joining the Sustainable Business Network.

 

tĀHUHU KŌRERO / Background

Far North District Council will join the Sustainable Business Network.

Purpose and Mission

The purpose of the Sustainable Business Network is to empower business, so people and nature prosper. Its mission is to build unstoppable momentum to regenerate Aotearoa.

Membership

Formed in 2002, the Sustainable Business Network is the largest organisation dedicated to sustainable business in Aotearoa New Zealand with 524 investor members reported in its 2020/21 Annual Report.

Members include private companies, financial institutions and public sector organisations including government agencies and the following local authorities:

·      Whangārei District Council

·      Auckland Council

·      Tauranga City Council

·      Wellington City Council.

Three Priority Focus Areas

The Sustainable Business Network focuses on three priority areas:

1.    Climate Change

The Network recognises that climate change is the biggest issue facing the planet today and that businesses have a vital role to play in reducing emissions.

Resources offered to members in this area include the Saving Energy Guide which provides advice for businesses to save energy and reduce costs and a Climate Action Toolbox focused on small and medium businesses.

2.    Waste Management

Here the Sustainable Business Network focuses on promoting a low carbon circular economy as a sustainable alternative to the dominant economic model of ‘take, make and waste’. A circular economy designs out waste and pollution, keeps products and materials in use, and regenerates natural systems. Changing the way products are made and used can also help significantly reduce carbon emissions.

Resources include:

·      The Go Circular 2025 programme which provides practical tools and resources to foster circular economy thinking into businesses to make them more efficient, more sustainable, and more resilient.

·      The Circular Economy Directory will be launched in March 2022. This Directory will make it easy to find solutions and resources that can help businesses go circular and lower their emissions. It will cover everything from reducing waste and pollution, keeping products and materials in use, and helping regenerate nature.

·      The Circular Model Office Guide – a guide to help businesses reduce waste and cost in their offices.

·      The NZ Plastic Packaging Masterclass is a programme to help businesses eliminate problematic and unnecessary plastic packaging, to move from single use to multi-use packaging and to follow best recycling practice.

·      A Smart Purchasing Guide and a Sustainable Business Directory listing hundreds of sustainable suppliers and products.

 

3.    Regenerating nature

As the Sustainable Business Network website says:

“Eight out of ten of Aotearoa New Zealand’s reptiles, frogs, bats and birds are threatened or at risk of extinction. Habitat loss is a key reason. Two thirds of our native forests have been destroyed since the late 1800s and 90% of our wetlands. Pollution is another. In recent summers around 100 of our rivers, lakes and bays have been too polluted to safely swim in.

Regenerating nature is vital if we are to tackle climate change and species extinction, as well as secure a positive future for all of us”

In this area, the Sustainable Business Network has developed a range of programmes including:

The Million Metres Project - A mission to restore New Zealand’s rivers, streams, lakes, and wetlands with the goal to plant a million metres of waterways with native plants and trees.

Mō Mahi mō te Taiao – The Jobs for Nature Fund - In partnership with the Department of Conservation, the Sustainable Business Network has administered several million dollars of grants from the Jobs for Nature Fund to support our community partners working on natural regeneration projects.

Impact of the Sustainable Business Network

See the attached document - Sustainable Business Network Impact Report 20-21.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

How the Sustainable Business Network can support Far North District Council. 

·      Introductions to organisations facing similar sustainability challenges to Far North District Council

·      Advisory services – access to advice and coaching

·      Access to tools and resources in the areas of Climate Change, Waste and Nature (examples are given above)

·      Leadership training.

 

Membership Benefits for Far North District Council

·      Learning from a community of businesses who are tacking sustainability issues

·      Opportunities to collaborate on sustainable business projects

·      Training and professional development opportunities

·      Identification of sustainable providers and products.

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

The cost of Membership is $10,149 excluding GST per year which will come from the budget allocation for climate change work in the 2021 to 2024 Long Term Plan.

Āpitihanga / Attachments

1.       Sustainable Business Network Impact Report 20-21 - A3607381  

 


Strategy and Policy Committee Meeting Agenda

22 March 2022

 

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Strategy and Policy Committee Meeting Agenda

22 March 2022

 

6.3         Strategy and Policy Action Sheet Update March 2022

File Number:           A3618577

Author:                    Marlema Baker, Meetings Administrator

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

Take Pūrongo / Purpose of the Report

To provide the Strategy and Policy Committee with an overview of outstanding decisions from 1 January 2020.

WhakarĀpopoto matua / Executive Summary

·      Action sheets provide the meeting with oversight of decisions not yet implemented.

·      This report and attachment are as at March 2022.

·      There were 10 outstanding action sheet items.

·      A verbal update on the Action Sheet items will be provided at the meeting at the request of the committee members.

 

tŪtohunga / Recommendation

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

 

1) TĀhuhu kŌrero / Background

The Democracy Services Team have been working on a solution to ensure that elected members can receive regular updates on progress against decisions made at meetings, in alignment with a Chief Executive Officer key performance indicator.

Action sheets are a mechanism to communicate with elected members, progress by staff on implementing resolutions of a formal meeting.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

This report includes 10 outstanding items. A majority of the outstanding tasks are multi-facet projects that take longer to fully complete.

The Democracy Services staff are working with staff to ensure that the project completion times are updated so that action sheets provided to members differentiate between work outstanding and work in progress.

Staff are encouraged to provide commentary that keeps in mind

·      Consistent wording indicating a traffic light, on track off track terminology.

·      The date and promise culture that the organisation strives for.

Take Tūtohunga / Reason for the recommendation

To provide the Strategy and Policy Committee with an overview of outstanding committee decisions from 1 January 2020.

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

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

Āpitihanga / Attachments

1.       SPP Draft Action Sheet - March 2022 - A3618570  

 


Strategy and Policy Committee Meeting Agenda

22 March 2022

 

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Strategy and Policy Committee Meeting Agenda

22 March 2022

 

7            Karakia Whakamutunga – Closing Prayer

8            Te Kapinga Hui / Meeting Close