AGENDA

 

 

Te Hiku Community Board Meeting

 

Tuesday, 5 November 2019

Time:

10:00 am

Location:

Te Ahu

Cnr Matthews Ave & South Road

Kaitaia

 

 

Membership:

Member Lawrie Atkinson

Member Darren Axe

Cr Sheryl Bainbridge

Member Jaqi Brown

Member Adele Gardner

Member John Stewart

 

 


Te Hiku Community Board Meeting Agenda

5 November 2019

 

The Local Government Act 2002 states the role of a Community Board is to:-

(a)      Represent, and act as an advocate for, the interests of its community;

(b)      Consider and report on all matters referred to it by the territorial authority, or any matter of interest or concern to the community board;

(c)      Maintain an overview of services provided by the territorial authority within the community;

(d)      Prepare an annual submission to the territorial authority for expenditure within the community;

(e)      Communicate with community organisations and special interest groups within the community;

(f)       Undertake any other responsibilities that are delegated to it by the territorial authority

Council Delegations to Community Boards - January 2013

The "civic amenities" referred to in these delegations include the following Council activities:

·        Amenity lighting

·        Cemeteries

·        Drainage (does not include reticulated storm water systems)

·        Footpaths/cycle ways and walkways.

·        Public toilets

·        Reserves

·        Halls

·        Swimming pools

·        Town litter

·        Town beautification and maintenance

·        Street furniture including public information signage.

·        Street/public Art.

·        Trees on Council land

·        Off road public car parks.

·        Lindvart Park – a Kaikohe-Hokianga Community Board civic amenity.

Exclusions: From time to time Council may consider some activities and assets as having district wide significance and these will remain the responsibility of Council. These currently include: The roading network, Hundertwasser toilets, District Library Network, Baysport, the Kerikeri, Kaikohe & Kaitaia Airports, Hokianga Vehicle Ferry, i-Site network, Far North Community Centre, Kerikeri Domain, Kawakawa Heated Swimming Pool, Kaikohe Cemetery, Kerikeri Sports Complex, The Centre at Kerikeri, the Bay of Islands/Hokianga Cycle Trail.

Set local priorities for minor capital works in accordance with existing strategies,

1.     Recommend local service levels and asset development priorities for civic amenities as part of the Annual Plan and Long Term Plan processes.

2.     Reallocate capital budgets within the Annual Plan of up to 5% for any specific civic amenity, provided that the overall activity budgetary targets are met.

3.     Make grants from the allocated Community Funds in accordance with policy 3209, and the SPARC/Sport Northland Rural Travel fund in accordance with the criteria set by the respective body, and, for the Bay of Islands-Whangaroa Community Board, the power to allocate the Hundertwasser Donations Account.

4.     Provide comment to council staff on resource consent applications having significance within the Community, including the provision of land for reserves or other public purposes.

5.     To hold, or participate in hearings, as the Council considers appropriate, in relation to submissions pertinent to their community made to plans and strategies including the Long Term Plan and Annual Plan, and if appropriate recommend decisions to the Council.

6.     To hold hearings of submissions received as a result of Special Consultative Procedures carried out in respect of any matter other than an Annual or Long Term Plan, and make recommendations to the Council.

7.     Where recommended by staff to appoint management committees for local reserves, cemeteries, halls, and community centers.

8.     To allocate names for previously unnamed local roads, reserves and other community facilities, and recommend to Council name changes of previously named roads, reserves, and community facilities subject to consultation with the community.

9.     To consider the provisions of new and reviewed reserve management plans for recommendation to the Council in accordance with the Reserves Act 1977, and hear or participate in the hearing of submissions thereto, as considered appropriate by the Council.

10.  To provide recommendations to the Council in respect of applications for the use and/or lease of reserves not contemplated by an existing reserve management plan.

11.  Prohibit the use of skateboards in specified locations within their communities, in accordance with Council’s Skating Bylaw 1998.

12.  Recommend new bylaws or amendments to existing bylaws.

13.  Prepare and review management plans for local cemeteries within budget parameters and in a manner consistent with Council Policy.

14.  Exercise the following powers in respect of the Council bylaws within their community:

a.     Control of Use of Public Spaces – Dispensations on signs

b.     Mobile Shops and Hawkers – Recommend places where mobile shops and/or hawkers should not be permitted.

c.      Parking and Traffic Control – Recommend parking restrictions, and areas where complying camping vehicles may park, and consider and grant dispensations in accordance with clause 2007.2

d.     Public Places Liquor Control – Recommend times and places where the possession or drinking of alcohol should be prohibited.

e.     Speed Limits – Recommend places and speed limits which should be imposed.

15.  To appoint Community Board members to speak on behalf of their community in respect of submissions or petitions.

16.  Specific to the Bay of Islands-Whangaroa Community Board – consider any recommendations of the Paihia Heritage Working Group and make appropriate recommendations to Council on the development of a draft Plan Change and a Section 32 analysis on heritage provisions for Paihia.

17.  To set schedule of meeting dates, times and venues, subject to the meetings not conflicting with meetings of the Council and satisfying the provisions of the Local Government Official information and Meetings Act 1987.

18.  To review all proposed public art projects on a project-by project basis to ensure they comply with policy #5105 Art in Public Places, including approval of the aesthetic appearance, maintenance programme, insurance and appropriate location, and to agree to their installation.

19.  In respect of applications from food establishments for permission to establish tables and chairs on a public place, i.e. Alfresco dining in accordance with Policy 3116, to consider and decide on any application which does not meet all criteria of the policy, and any application which staff recommend to be declined.

20.  Subject to a report from the appropriate managers and the appropriate budgetary provision, to make decisions in respect of civic amenities including the levels of service, and the provision or removal of an amenity not provided for elsewhere in these delegations.

Terms of Reference

In fulfilling its role and giving effect to its delegations, Community Boards are expected to:

1.     Comment on adverse performance to the Chief Executive in respect of service delivery.

2.     Assist their communities in the development of structure plans, emergency management community response plans, and community development plans.

3.     Assist their communities to set priorities for Pride of Place programmes.

4.     Have special regard for the views of Maori.

5.     Have special regard for the views of special interest groups, e.g. disabled, youth, aged, etc.

6.     Actively participate in community consultation and advocacy and keep Council informed on local issues.

7.     Seek and report to Council community feedback on current issues by:

a)       Holding a Community forum prior to Board meetings

b)       Varying the venues of Board meetings to enable access by members of the community

8.     Monitor and make recommendations to Council to improve effectiveness of policy.

9.     Appoint a member to receive Annual Plan\Long Term Council Community Plan submissions pertinent to the Board area, attend hearings within the Board area, and attend Council deliberations prior to the Plan adoption.

Protocols

In supporting Community Boards to fulfil their role, the Council will:

1.     Provide appropriate management support for the Boards.

2.     Organise and host regular workshops with the Community Boards l to assess the 'State of the Wards & District' to establish spending priorities.

3.     Prior to decision-making, seek and include 'Community Board views' in Council reports in relation to:

a.   the disposal and purchase of land

b.   proposals to acquire or dispose of reserves

c.   representation reviews

d.   development of new maritime facilities

e.   community development plans and structure plans

f.    removal and protection of trees

g.   local economic development initiatives

h.   changes to the Resource Management Plan

4.     Organise and host quarterly meetings between Boards, the CEO and senior management staff.

5.     Prepare an induction/familiarisation process targeting new members in particular early in the term.

6.     Support Board members to arrange meetings with local agencies and service clubs to place more emphasis on partnerships and raising profile of the Boards as community leaders.

7.     Permit Board chairperson (or nominated member) speaking rights at Council meetings.

8.     Help Boards to implement local community projects.

9.     Arrange for Infrastructure and Asset Management Staff to meet with the Community Boards in September each year to agree the capital works for the forthcoming year for input into the Annual or Long Term Plan.

10.  Provide information.


 


Te Hiku Community Board Meeting Agenda

5 November 2019

 

Far North District Council

Te Hiku Community Board Meeting

will be held in the Te Ahu, Cnr Matthews Ave & South Road, Kaitaia on:

Tuesday 5 November 2019 at 10:00 am

Order Of Business

1         Apologies and conflicts of Interest 7

2         Public Forum.. 7

3         Deputations. 7

4         Speakers. 7

5         Corporate Services Group. 8

5.1            Making and Attesting of Declarations. 8

5.2            Election of Chairperson. 9

5.3            Election of Deputy Chairperson. 12

5.4            Noting of Te Hiku Community Board Standing Orders. 15

5.5            Explanation of Laws Affecting Elected Members. 89

5.6            Te Hiku Community Board First Meeting. 176

5.7            Te Hiku Statement of Financial Performance Activities by Ward for the period ending 30 September 2019. 177

5.8            Te Hiku Statement of Community Fund Account as at 30 September 2019. 179

6         Strategic Planning and Policy Group. 182

6.1            Local Community Grant Funding Applications. 182

6.2            Te Hiku Community Board Appointment to Disability Action Group. 208

6.3            Rural Travel Funding Project Reports. 212

6.4            Rural Travel Funding - Applications Summer round 2019/20. 235

7         Meeting Close. 247

 

 


1          Apologies and conflicts of Interest

Members need to stand aside from decision-making when a conflict arises between their role as a Member of the Community Board 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 Governance 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.

2          Public Forum

              There will be no public forum for this inaugural meeting

3          Deputations

There will be no deputations for this inaugural meeting

4          Speakers

              11:45 am Representative from IO Creatives Te Hiku Maori Arts Group

              11:50 am Representative from Circability Trust

 


Te Hiku Community Board Meeting Agenda

5 November 2019

 

5          Corporate Services Group

5.1         Making and Attesting of Declarations

File Number:           A2699639

Author:                    Melissa Wood, Meetings Administrator

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

 

 

Purpose of the Report

To set out the process for making and attesting of declarations.

 

 

Background

Clause 14(1) & (2) Schedule 7 of the Local Government Act 2002 (The Act) states that no person shall be capable of acting as a member of any local authority until he or she has made an oral and written declaration as set out in Clause 14 (3) Schedule 7 of The Act, as set out below. Section 54 (2) of the Act states that these parts of Schedule 7 apply to Community Boards.  

Discussion and Next Steps

The Mayor will witness the declaration of the Te Hiku Community Board Members.

The declaration that each member is required to take is set out in Clause 14(3) Schedule 7 of the Act and reads:

DECLARATION BY MEMBER

 

I, ________________________________, declare that I will faithfully and impartially, and according to the best of my skill and judgement, execute and perform, in the best interests of the Far North District the powers, authorities, and duties vested in, or imposed upon, me as Member of the Te Hiku Community Board by virtue of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other Act.

 

DATED at Kaitaia this 5th day of November 2019

 

Signature            _________________________________

 

In the presence of:        _________________________________

Financial Implications and Budgetary Provision

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

Attachments

Nil

 


5.2         Election of Chairperson

File Number:           A2699693

Author:                    Melissa Wood, Meetings Administrator

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

 

Purpose of the Report

The purpose of the report is to explain the procedure for the election of the Chairperson of the Board and to elect a Chairperson.

 

Recommendation

That the Te Hiku Community Board:

a)      use System B as the preferred voting system to elect a Chairperson.

b)      elect _______________ as Chairperson for the triennium October 2019 to October 2022, in accordance with Standing Orders.

 

 

1) Background

The first meeting of the Board will be presided over by the Mayor until the Chairperson is elected, as per Standing Orders 4.6.

2) Discussion and Options

Schedule 7, 21(5)(b) of the Local Government Act 2002 provides for the election of a Chairperson. Section 54 (2), states that Schedule 7 (excluding clauses 15 and 33 to 36) applies to Community Boards.

A Chairperson of a Community Board shall be elected from among its members at its first meeting following the election of the Community Board. When electing a Chairperson the community board must resolve to use one of the following two voting systems as set out in Standing Orders 5.2.

Option 1

System A -

The candidate will be elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee who are present and voting. This system has the following characteristics:

       (a) there is a first round of voting for all candidates;

       (b) if no candidate is successful in the first round, there is a second round of voting from which               the candidate with the fewest votes in the first round is excluded; and

       (c) if no candidate is successful in the second round, there is a third round, and if necessary      subsequent rounds, of voting from which, each time, the candidate with the fewest votes in        the previous round is excluded.

In any round of voting, if two or more candidates tie for the lowest number of votes, the person to be excluded from the next round is resolved by lot.

Option 2

System B -

(a) requires that a person is elected or appointed if he or she receives more votes than any 
     other candidate; and

(b) has the following characteristics:

(i) there is only one round of voting; and

(ii) if 2 or more candidates tie for the most votes, the tie is resolved by lot.

 

Option 2 is the recommended option. This is the system used by Council and Committees as per their Standing Orders.

Reason for the recommendation

To elect a chairperson in accordance with Standing Orders.

3) Financial Implications and Budgetary Provision

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

Attachments

Nil


 

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

Not applicable

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

Not applicable

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

This is a Community Board report

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.

Not applicable

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

Not applicable

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

There are no financial implications or budgetary provision required as a result of this report.

Chief Financial Officer review.

The Chief Financial Officer has not reviewed this report.

 

 


Te Hiku Community Board Meeting Agenda

5 November 2019

 

5.3         Election of Deputy Chairperson

File Number:           A2699728

Author:                    Melissa Wood, Meetings Administrator

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

 

Purpose of the Report

The purpose of the report is to explain the procedure for the election of the Deputy Chairperson of the Board and to elect a Deputy Chairperson.

 

Recommendation

That the Te Hiku Community Board:

a)      use System B as the preferred voting system to elect a Deputy Chairperson.

b)      elect _______________ as Deputy Chairperson for the triennium October 2019 to October 2022, in accordance with Standing Orders.

 

 

1) Background

The Chairperson of the Board will call for nominations for Deputy Chairperson, who will then be elected using the preferred voting system.

2) Discussion and Options

Schedule 7, 21(5)(e) of the Local Government Act 2002 provides for the election of a Deputy Chairperson. Section 54 (2), states that Schedule 7 (excluding clauses 15 and 33 to 36) applies to Community Boards.

A Deputy Chairperson of a Community Board shall be elected from among its members at its first meeting following the election of the Community Board. When electing a Deputy Chairperson the community board must resolve to use one of the following two voting systems as set out in Standing Orders 5.2.

Option 1

System A -

The candidate will be elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee who are present and voting. This system has the following characteristics:

       (a) there is a first round of voting for all candidates;

       (b) if no candidate is successful in the first round, there is a second round of voting from which               the candidate with the fewest votes in the first round is excluded; and

       (c) if no candidate is successful in the second round, there is a third round, and if necessary      subsequent rounds, of voting from which, each time, the candidate with the fewest votes in        the previous round is excluded.

In any round of voting, if two or more candidates tie for the lowest number of votes, the person to be excluded from the next round is resolved by lot.

Option 2

System B -

(a) requires that a person is elected or appointed if he or she receives more votes than any 
     other candidate; and

(b) has the following characteristics:

(i) there is only one round of voting; and

(ii) if 2 or more candidates tie for the most votes, the tie is resolved by lot.

Option 2 is the recommended option. This is the system used by Council and Committees as per their Standing Orders.

Reason for the recommendation

To elect a Deputy Chairperson in accordance with Standing Orders.

3) Financial Implications and Budgetary Provision

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

Attachments

Nil


 

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

Not applicable

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

Not applicable

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

This is a Community Board report.

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.

Not applicable

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

Not applicable

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

There are no financial implications or budgetary provision required as a result of this report.

Chief Financial Officer review.

The Chief Financial Officer has not reviewed this report.

 

 


5.4         Noting of Te Hiku Community Board Standing Orders

File Number:           A2699899

Author:                    Melissa Wood, Meetings Administrator

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

 

Purpose of the Report

The purpose of the report is to present Elected Members with the Community Board’s current Standing Orders.

 

Recommendation

That the Te Hiku Community Board note the Te Hiku Community Board Standing Orders.

 

 

1) Background

Standing Orders are a set of rules of debate that apply to all meetings of Council and its committees and subcommittees, including Community Boards. Furthermore Standing Orders ensure the legal requirements of the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987 are met. They also provide clarity as to what is expected of the members within a meeting and generally cover procedures to enable meetings to be held in a fair and transparent manner.

2) Discussion and Options

In the 2013-2016 triennium the Te Hiku Community Board’s Standing Orders were based on the New Zealand Standards (NZS) which had developed model Standing Orders for meetings of local authorities. The current Standing Orders were last adopted by the Te Hiku Community Board on 02 March 2017 and were based on a newer version of Standing Orders revised by Local Government New Zealand.

Community Boards are required by the Local Government Act 2002 (Schedule 7, Clause 27) to have standing orders. The Community Board Standing Orders will be reviewed and updated where relevant, and presented to the Board for adoption at a future meeting. If new standing orders are not adopted, the current ones will stand.

Reason for the recommendation

To note the current Standing Orders for the Te Hiku Community Board.

3) Financial Implications and Budgetary Provision

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

Attachments

1.      Te Hiku Community Board current Standing Orders - A2714484  

 

 

 

 

 

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

Not applicable.

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

Not applicable.

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

This is a community board report.

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.

Not applicable

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

Not applicable

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

There are no financial implications or budgetary provision as a result of this report

Chief Financial Officer review.

The Chief Financial Officer has not reviewed this report.

 

 


Te Hiku Community Board Meeting Agenda

5 November 2019

 

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5.5         Explanation of Laws Affecting Elected Members

File Number:           A2699901

Author:                    Aisha Huriwai, Team Leader Governance Support

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

 

Purpose of the Report

At the first meeting after the three-yearly local election, elected members are required to receive a general explanation of the laws that affect them as elected members.  This report outlines the core legislation affecting members supported by a presentation by Council’s In-House Counsel.

 

Recommendation

That the Te Hiku Community Board note the report “Explanation of Laws Affecting Elected Members”, and the advice provided at this meeting.

 

 

Background

It is a requirement to have the core legal requirements brought to the members’ attention at the first meeting following the triennial election, under Clause 21 (5)(c) of Schedule 7 of the Local Government Act 2002. 

Discussion and Next Steps

There are a number of core legal requirements that elected members should be aware of when making decisions.  These include the:

·    Local Government Act 2002

·    Local Government Official Information and Meetings Act 1987

·    Local Authorities (Members’ Interests) Act 1968

·    Health and Safety at Work Act 2015

·    Crimes Act 1961

·    Secret Commissions Act 1910

·    Financial Markets Conduct Act 2013

·    Council decision-making requirements

·    Personal liability of elected members

·    Public law decision-making principles.

 

In addition to these core legal requirements, there are many other statutes relevant to certain council decisions (for example the Resource Management Act 1991 and the Reserves Act 1977). 

Elected members will receive advice from staff on a case-by-case basis to ensure that they understand their legal obligations when making decisions.

Financial Implications and Budgetary Provision

There are no financial implications or budgetary provision needed as a result of this report and presentation.

Attachments

1.      Guidance for Members of Local Authorities about the Local Authorities (Members'Interests) Act 1968 - A2699789

2.      A general guide through the laws affecting elected members - A2719031   


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A General Guide Through The Laws Affecting Elected Members

Introduction

Congratulations on your election to the Far North District Council for the 2019-2022 triennium and your governance role over the next three years.

Some of you have been involved with Council for some time and for others this may be your first experience as a Community Board Member and you will be new to the process and procedures as to how Council conducts its business.

Council is created by a Statute of Parliament and therefore some understanding of the law and legal issues plays an important role in your decision making and this paper hopes to assist with that in providing a general explanation of some of the laws that regulate the conduct of elected members.

Generally the role and function of the Elected Members, as well as the conduct of meetings are dealt with in the Local Government Act 2002 (LGA 02) and Local Government Official Information and Meetings Act 1987 (LGOIMA).

Clause 21(5)(c) of Schedule 7 of the LGA 02 requires that, at the first meeting of the Council following a triennial general election, the chief executive must give or arrange for a general explanation of certain laws affecting members, including:

1.   Local Government Official Information and Meetings Act 1987;

2.   Local Authorities (Members' Interests) Act 1968;

3.   Sections 99, 105 and 105A of the Crimes Act 1961;

4.   Secret Commissions Act 1910; and

5.   Financial Markets Conduct Act 2013.

 

In particular your attention is drawn to certain legal provisions within the following Acts;

·      Secret Commissions Act 1910

·      Crimes Act 1961

·      Local Authorities (Members’ Interests) Act 1968;

 

Contravention of these provisions may result in the loss of office.

This paper is prepared to firstly meet the above mentioned statutory obligation and also to provide a resource to which members may refer in the performance of their functions.  It addresses principles rather than detail, but should nevertheless be of assistance when applied to real problems.     

There is a caveat to the above, as this paper does not in any way deal with all the legislation you will come into contact with that effects your role as elected members such as the Rating legislation and a plethora of other Acts that impact on how you will decide matters.  The relevant sections of law should be set out in any paper that comes to you for consideration.

This paper has five parts:

·      Council Structure and Governance

·      Meetings

·      Confidentiality

·      Conflicts of Interest

·      Administrative Law Principles.

Council Structure and Governance

So what is Council?

Section 12 of the LGA states that a local authority is a body corporate with perpetual succession (s12(1)).  It has full capacity to carry on or undertake any activity or business, do any act, or enter into any transaction.  The only restrictions on the above is that it must exercise those powers wholly or principally for the benefit of its district. There are some exclusions and you are encouraged to read section 12.

Structure of Council

The Far North District Council is comprised of the Mayor and 9 Councillors (Governance).

The purpose of Governance is to enable local decision-making and action by and on behalf of communities and to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future (s10 of LGA).

The Council aims to achieve this by;

·      defining the overall vision for the Far North District

·      determining local policy and bylaws

·      engaging and encouraging community participation in decision-making

·      considering the needs and future needs of our district

·      monitoring the performance of the organisation against the objectives set in the Long Term Plan

·      employing the Chief Executive and monitoring their performance against agreed key performance indicators.

Role of the Mayor

The role of the Mayor is to provide leadership to Elected Members and the people of the Far North District. The Mayor performs civic duties and leads the development of Council’s plans (long term and annual plans), policies and budgets for consideration by Elected Members.

The Mayor at Council meetings has one vote and in the event of a deadlock has a casting vote.

Post-election the Mayor may appoint a Councillor as Deputy Mayor and will establish committees and appoint the committee chairpersons, if he chooses to exercise this power under (s41A).  Alternatively, it can be a decision of the Council.

Role of Councillor

The role of a councillor is governance - this should be open and transparent and clear.  Resolutions passed at council meetings setting the strategic direction and tasking the Chief Executive to implement them should be precise and clear.

Councillors are responsible for decision-making on behalf of the ratepayer and must commit to the large amount of reading required and attend workshops to ensure they make sound decisions. 

If good        government is to be delivered, then the standard of integrity of the members must be the foundation of good decisions.

 

 

Role of the Chief Executive Officer

The Chief Executive Officer (CEO) has overall responsibility for the Far North District Council’s operational management and is expected to be apolitical and not to make political or policy decisions. That is the role of the Elected Members.

He is responsible for employing staff, providing leadership to them and implementing and managing Council’s decisions. These responsibilities are performed by him delegating tasks to his Strategic Leadership Team and them tasking the work to their staff. 

A key part of the role of council staff is to provide Elected Members with comprehensive advice to enable them to make informed and effective decisions. Therefore, a high level of cooperation and mutual respect between Elected Members and staff is essential for the council to perform effectively. 

To ensure such cooperation and trust is maintained, Elected Members are expected to:

·      recognise the Chief Executive’s role as the employer of council staff

·      make themselves aware of the obligations the  Far North District Council and Chief Executive have as an employer and observe those requirements at all times

·      treat all council staff with courtesy and respect

·      observe any guidelines the Chief Executive puts in place regarding contact with employees

·      not do anything which compromises, or could be seen as compromising, a staff member’s impartiality

·      avoid publicly criticising council staff, especially in ways that reflect on the staff member’s competence and integrity

·      raise concerns about council staff directly with the Chief Executive

·      raise concerns about the Chief Executive with the Mayor or the Chief Executive

·      not seek to improperly influence staff in the normal undertaking of their duties

Governance versus Management

As an Elected Member your job is oversight, not operations.

Elected Members and the Chief Executive must have a clear understanding of their different roles and responsibilities. One issue that may confront Members is finding the boundary between their role and the role of Management.

In the simplest terms, Members are responsible for oversight and planning, while the Chief Executive, his general managers and staff are responsible for the day to day operational activities. 

Members are not permitted to contact staff directly. Communication should be through the Chief Executive, or the relevant General Manager.

Community Boards

The Far North District has three community boards namely;

·      Te Hiku in the north;

·      Bay of Islands-Whangaroa in the East; and

·      Kaikohe-Hokianga in the west.

The legal status of a community board is defined to constitute an unincorporated body.  It is not a local authority nor is it a committee of the local authority. The local authority is therefore not entitled to censure or dismiss its members. The control and conduct of its members remains the sole jurisdiction of the board and it is for the board to adopt its own code of conduct. 

The community board and can be joined into legal proceedings and the indemnities in the LGA 02 will apply to the community board members

Role of the Community Board

The Local Government Act 2002 at s52 states the role of a community board is to:

·      represent, and act as an advocate for the interests of its community;

·      consider and report on all matters referred to it by the territorial authority, or any matter of interest or concern to the community board;

·      maintain an overview of services provided by the territorial authority within the community;

·      prepare an annual submission to the territorial authority for expenditure within the community;

·      communicate with community organisations and special interest groups within the community; and

·      undertake any other responsibilities that are delegated to it by the territorial authority.

1.           The Far North District Council further delegates a number of responsibilities to community boards. From time to time Council may consider some activities and assets as having district wide significance and these will remain the responsibility of Council.  This information is set out in full on the Council website.

Powers of the Community Board

2.           Its powers are solely those delegated to it by the local authority but it cannot hold property or hire staff. The provisions of Schedule 7 of the LGA02 apply apart from cls 15, 33 and 36.

Official Information

 As an Elected Member you may be subject to information requests under the Local Government Official Information and Meetings Act 1987 (LGOIMA).

Official information is not just documents or papers. It includes information held in any format, such as emails, phone calls, text messages, videos and photos. 

Care should be taken with any information you generate or gain access to as part of your role. This information can be discoverable through the LGOIMA request process. This includes information on your personal email account or home computer, if it relates to Council business.

Personal liability of elected members

Generally Elected Members of a local authority, which extends to a member of a committee, community board, or other subordinate decision-making body, are indemnified by the local authority for the costs and damages of a civil claim where acting in good faith on council business (s 43 of the LGA 02).

 

Further, Members are indemnified for the costs of a successfully defended criminal action relating to the member’s functions.

 

A director of a council-controlled organisation is not indemnified by the local authority for actions in that capacity.

 

The indemnity does not cover any loss found by the Auditor-General to have been incurred or that may be attributed to an unlawful act or omission, or to an intentional or negligent failure to enforce the collection of valid debts by the Council.  This could lead to the potential liability of members found responsible to account for the loss. If the Auditor-General makes a report on a loss to a local authority, without limiting the liability of any other person, the loss is recoverable as a debt due to the Crown against the members jointly and severally (s46  of the LGA02).

A member may have a defence to a claim for the recovery of the loss by proving the act or failure resulted without the defendant’s knowledge or with knowledge but against the protest or contrary to a vote of the defendant (s46 (4) of the LGA02).  For the defence to be upheld the member must have taken some positive step as a failure to vote, abstention or silence on the vote may be taken as assent.

A further defence is available to a member where the legality of a matter was questioned or in doubt, and advice was obtained from a competent professional adviser.

 

Meetings

Most business of the Council is to be conducted before the public and generally, information held by the Council should be readily available to the public.  The law requires a high standard of transparency to ensure that those governed know what has been done and why.  

The fundamental principle in the LGOIMA is that information held by the Council is publicly available, unless one or more specified withholding grounds apply.

The LGOIMA deals with local authority meetings in Part VII. Briefly:

(a) The Act states the grounds upon which the public may be excluded from meetings (section 48). That may generally only occur when good reason to withhold information exists, and there is a statutory definition of that concept in section 7 of the Act. Also, the public may be excluded where the subject matter of discussion is one in respect of which a right of appeal exists to any Court or Tribunal against the decision made by the Council.

(b) In excluding the public, the Council must make a resolution stating the subject of each matter to be considered while the public is excluded, and the reasons must be given for excluding the public, in terms of the statutory grounds.

(c) Chairpersons at meetings may require members of the public to leave a meeting if the behaviour of the person concerned is likely to prejudice or continue to prejudice the orderly conduct of the meeting (section 50).  Councillors themselves whose conduct prevents the orderly conduct of the meeting may be asked to leave by the presiding member under the standing orders.

(d) If a meeting is open to the public, and an agenda is supplied to a member of the public or the minutes of a meeting are produced for inspection by any member of the public after the conclusion of the meeting, any defamatory matter which is published in this way is to be treated as privileged, unless the publication was predominantly motivated by ill will (section 52). Oral statements made at meetings of the Council are also privileged, unless the statement is proved to be predominantly motivated by ill will (section 53). Ordinarily, a statement that is “privileged” cannot support a cause of action for defamation (even though that statement might by untrue or misleading).

(e) Items which are not on an agenda for a meeting may nevertheless be dealt with if the meeting resolves to do so and the chairperson explains in open meeting why the item is not on the agenda and why consideration of it cannot be delayed to a subsequent meeting (section 46A(7)). (If the item is a minor matter relating to the general business of the Council then it may be discussed without the meeting having resolved to do so, so long as the chair explains at the beginning of the meeting, and when it is open to the public, that the item will be discussed; but in that case no resolution, decision or recommendation may be made except to refer the item to a subsequent meeting for further discussion (section 46A(7A)).)

Confidentiality

There are occasions when, for particular and limited reasons, which are specified by law,        the Council must conduct its business privately and protect the privacy or confidentiality of information it holds.  When the public is excluded by due resolution of the  Council and when the Council holds information confidentially, then it is critical that the rules of confidentiality are observed and maintained by the members and the officers of the Council.     

The Council has adopted as the rules for the conduct of its business Standing Orders.  Included therein is a provision that:       

No member or officer may disclose to any person other than another member, officer or person authorised by the chief executive, any information that has been presented or will be presented to any meeting from which the public is excluded or proposed to be excluded.” (rule 17.4)

The obligation to comply with Standing Orders is reinforced by the LGA, which provides in clause 16(1) of Schedule 7, that:

A member of a local authority must abide by the standing orders adopted under clause 27”

Then, section 238(1) of that Act addresses default:

 "238 Offence of failing to comply with Act

(1)        Every person who acts contrary to, or fails to comply with, a direction or prohibition given under this Act, or under an authority given to a local authority or to a member or officer of a local authority, commits an offence and is liable on conviction to the penalty specified in section 242(2)."

Quite simply, a breach of standing orders may be an offence that might lead to prosecution and a fine not exceeding $5000.00.

It might be thought that the obligation of confidentiality is less than the obligation  for open government.  It is not.  The duty in each regard is the same.

Governance must be conducted in accordance with the law.  The conduct of Council must be fully open until it becomes confidential according to law. Once confidentiality is imposed, that obligation must be observed with equal assurance.

Whistle blowing can be honourable.  There are times and places for doing so.  They do not include "going         public".  That is political self-promotion and is dishonourable.

The Ombudsmen's Office and the Auditor-General may be contacted and consulted with any concerns about due standards of performance by the Council, that will maintain the confidentiality of the Council.

Members must keep to the law. They cannot choose when to obey and when to breach the law.  The constant and consistent observance of the law is necessary for the delivery of good governance.

Conflicts of Interest

Members' Financial Interests

The following comments are not an explanatory guide as these comments are limited to a few provisions only.    

The Council does not provide legal advice to its members.  Each member must seek his or her own independent legal advice.

The Council itself is only indirectly affected.  It has some indirect concern for a member's interest, however, because of certain consequences that can follow in the event of the breach by a member.

First, an extraordinary vacancy could result as a consequence of a breach of the Act, but more particularly the breach might be grounds, in certain circumstances, for impugning or challenging, a Council decision.  

The object of the statutory provisions discussed below:                                       

is clearly to prevent councillors from voting on all matters which may affect their own pockets and therefore may affect their judgment”.[i]

The cases make it clear that it is irrelevant whether there is or is not an actual pecuniary advantage or disadvantage as a result of the vote.

The Local Authorities (Members’ Interests) Act 1968

The Local Authorities Members’ Interests Act 1968 (LAMIA) is one of the most important statutes governing the conduct of elected members and we strongly recommend you familiarise yourself with its provisions. (Also see the Auditor General’s Guidance for Members of Local Authorities about the Local Authorities (Members Interests) Act 1968.)  This has been provided to you in your induction pack.

It has two main aspects:

1.  The prohibition of certain contracts between local authorities and their members.

2.  The prevention of voting on or discussing questions in which a member has a pecuniary interest.

 

As to the first aspect, LAMIA provides that no-one may be elected or appointed or be a member of a local authority or of any committee of it, if the total payments to be made by the Council in respect of contracts made by it with that person exceeds $25,000 (including GST) in any year. The Act covers contracts made by the Council directly with the person concerned, and also contracts made by the Council in which the Councillor is concerned or interested. Special provisions deal with companies in which a member or his or her spouse is interested either as a shareholder, or as a member of the company, or by virtue of certain management positions. There are a number of exceptions to this rule but, in case of any doubt, Councillors should refer to the Chief Executive so that proper advice is obtained.

To assist section 3 is set out in full below

3 Disqualifying contracts between local authorities and their members

(1)        Except as provided in subsection (3), no person shall be capable of being elected as or appointed to be or of being a member of a local authority or of any committee of a local authority, if the total of all payments made or to be made by or on behalf of the local authority in respect of all contracts made by it in which that person is concerned or interested exceeds $25,000 in any financial year.

(2)        For the purposes of subsection (1), a member of a local authority or of a committee thereof shall be deemed to be concerned or interested in a contract made by a local authority with an incorporated company, if—

(a)        the member or his spouse or partner singly or between them own, whether directly or through a nominee, 10% or more of the issued capital of the company or of any other company controlling that company; or

(b)        the member or his spouse or partner is a member of the company, and either of them is the managing director or the general manager (by whatever names they are called) of the company; or

(c)        the member or his spouse or partner is a member of a company controlling the company with which the contract is made and either of them is the managing director or the general manager (by whatever names they are called) of that controlling company; or

(d)        the member or his spouse or partner is the managing director or general manager (by whatever names they are called) of the company and either of them is a member of a company controlling that company:

provided that nothing in this subsection shall apply with respect to the spouse or partner of any member where, at the time when the contract was entered into,—

(i)    the member and his spouse or partner were living apart; or

(ii)        in any case to which paragraph (a) applies, the member did not know and had no reasonable opportunity of knowing that his spouse or partner owned any part of the issued capital of the company or of any company controlling that company; or

(iii)       in any case to which paragraph (b) or paragraph (c) or paragraph (d) applies, the member did not know and had no reasonable opportunity of knowing that his spouse or partner was a member of the company or of the controlling company, as the case may be, or held any of the offices specified in any of those paragraphs.

(2A)      For the purposes of subsection (1), a member of a local authority or of a committee thereof shall be deemed to be concerned or interested in a contract made by the local authority in which his spouse or partner is concerned or interested (not being a contract made with an incorporated company):

provided that nothing in this subsection shall apply with respect to the spouse or partner of any member where, at the time when the contract was entered into,—

(a)   the member and his spouse or partner were living apart; or

(b)        the member did not know and had no reasonable opportunity of knowing that his spouse or partner was concerned or interested in the contract.

(3)     Notwithstanding anything in subsection (1),—

(a)        no person shall be disqualified under this section by virtue of his being concerned or interested in any contract made in any special case with the prior approval of the Auditor-General on the application of the local authority. In any such special case the Auditor-General may authorise the payment and receipt of such amount as it thinks fit:

(aa)      a person shall be deemed not to have been disqualified by virtue of his being concerned or interested in any contract made in any special case where, on the application of the local authority, the subsequent approval of the Auditor-General is obtained; which approval shall be given only if the Auditor-General is satisfied that—

(i)         there is a sufficient special reason why prior approval was not obtained under paragraph (a); and

(ii)        prior approval would have been obtained under paragraph (a) if that approval had been sought:

(ab)      no person shall be disqualified under this section by virtue of his being concerned or interested in any contract made on behalf of the local authority by an employee or committee of the local authority (unless the member of the local authority is a member of that committee) acting under delegated authority, where it is verified in writing to the Auditor-General, by such 1 or more persons and in such manner as the Auditor-General requires, that the member did not know and had no reasonable opportunity of knowing of that contract at the time it was made:

(b)        where a person is concerned or interested in any contract solely by reason of being concerned or interested in any subcontract relating thereto, the provisions of this section shall, with the necessary modifications, apply to him as if references in this section to the amount payable by or on behalf of the local authority in respect of a contract were references to the amount payable by or on behalf of the contractor in respect of the subcontract:

(c)        in assessing under this section the amount of any payment made or to be made by or on behalf of the local authority in respect of any contract, no account shall be taken of any sum paid or to be paid as a refund of a deposit:

(d)   an interest in—

(i) any loan raised by the local authority, whether on security or otherwise; or

(ii)        any payments made or to be made in respect of advertisements inserted by the local authority in any newspaper; or

(iii)         any lease granted or agreed to be granted to the local authority; or

(iv)       any payment received by way of compensation under the Public Works Act 1981 for any loss, damage, or injury suffered by reason of the exercise of any power under that Act; or

(v)         any advance made by the local authority under the Rural Housing Act 1939; or

(vi)       any advance made or guarantee given by the local authority under Part 32 of the Local Government Act 1974; or

(vii)      any contract for the supply of goods or services made during a state of emergency declared, or a transition period for which notice is given, under the Civil Defence Emergency Management Act 2002, if that contract does not continue for more than 1 month after the end of that state of emergency or transition period, and if the goods or services are supplied at charges not in excess of those normally applying in the district of the local authority or in the area under its jurisdiction at the time immediately preceding the state of emergency or transition period,—

shall not constitute a disqualification under this section:

(e)   [Repealed]

(f)         no person shall be disqualified under this section by virtue of his being concerned or interested in any contract made before his election or appointment, if before that election or appointment his obligation in respect of the contract had been performed and the amount to be paid by or on behalf of the local authority in respect of the contract had been fixed; and any payment made thereafter by or on behalf of the local authority in respect of the contract shall not operate to disqualify that person for continuing to hold office or be taken into account for the purpose of calculating the amount that may be lawfully paid to him as a member of the local authority or, as the case may be, of a committee thereof in the same financial year in respect of any contract or contracts:

(g)        no person shall be disqualified under this section by virtue of his being concerned or interested in any contract, whether of a continuing nature or otherwise, made before his election or appointment and in respect of which his obligations have not been performed before that election or appointment, where the amount to be paid by or on behalf of the local authority in respect of the performance of the contract has been fixed in that contract subject to such amendments and additions as may be provided for in the contract, or, where the amount to be paid by or on behalf of the local authority in respect of the performance of the contract is not ascertainable until the contract has been performed, if—

(i)         the contract is for a continuous period not exceeding 12 months from the date on which the contract is made; or

(ii)        the contract is for a continuous period exceeding 12 months from the date on which the contract is made and that person has, with the consent of the local authority, relinquished that contract before acting as a member and within 1 month after the date of his election or appointment, as the case may be;—

and any payment made thereafter by or on behalf of the local authority in respect of the contract shall not operate to disqualify that person for continuing to hold office or be taken into account for the purpose of calculating the amount that may be lawfully paid to him as a member of the local authority or, as the case may be, of a committee thereof in the same financial year in respect of any contract or contracts:

(h)        no person shall be disqualified under this section by virtue of his being concerned or interested in any contract as an administrator or a trustee of any estate or trust in which he is not a beneficiary, or as the manager appointed under the Protection of Personal and Property Rights Act 1988:

(i)         no person shall be disqualified under this section by virtue of his being concerned or interested in any agreement entered into pursuant to section 81 of the Noxious Plants Act 1978:

(j)         no person who is a member of a community board is disqualified under this section by virtue of that person or that person’s spouse or partner being concerned or interested in any contract made by a territorial authority, if—

(i)         the contract, except for any preliminary work associated with it, is to be performed wholly outside the area under the jurisdiction of the community board of which that person is a member; and

(ii)        the contract is one in which the community board has no jurisdiction or control or which has not been reported on to the territorial authority by the community board; and

(iii)       neither that person nor that person’s spouse or partner is also a member of the territorial authority that made the contract.

(3A)      Nothing in subsection (3)(j)(iii) applies with respect to the spouse or partner of a member where, at the time when the contract was entered into, the member and the member’s spouse or partner were living apart.

(4)        For the purposes of subsection (3)(j), territorial authority has the same meaning as in the Local Government Act 2002.

 

The penalty for breach of these provisions (contained in section 3 of LAMIA) is immediate loss of office as well as the possibility of a fine being imposed (sections 4 and 5).

Section 6 of LAMIA provides that a member of a local authority or of a committee of it shall not vote on or take part in the discussion of any matter before the governing body of that local authority or before that committee in which he or she has, directly or indirectly, any pecuniary interest, other than an interest in common with the public.  Once again, there are special provisions dealing with a pecuniary interest in the context of the interests of the member or his or her spouse in a company.  The Office of the Auditor-General is empowered to declare that the rule will not apply with respect to any specified matter or specified class of matter on particular occasions. In doing so it must act in the interests of the electors or inhabitants of the district.

To assist section 6 is set out in full below:

Member of local authority or committee not to discuss or vote on question in which he has pecuniary interest

(1)        A member of a local authority or of a committee thereof shall not vote on or take part in the discussion of any matter before the governing body of that local authority or before that committee in which he has, directly or indirectly, any pecuniary interest, other than an interest in common with the public.

(1A)      Nothing in subsection (1) shall apply in any case where a member of a local authority or a committee of the local authority has been elected by or appointed to represent any activity, industry, business, organisation, or group of persons and his pecuniary interest is not different in kind from the interests of other persons in the activity, industry, business, organisation, or group by which the member is elected or in respect of which he is appointed.

(2)        For the purposes of subsection (1), where an incorporated company has, directly or indirectly, a pecuniary interest in a matter before the governing body of a local authority or before a committee thereof, a member of the local authority or, as the case may be, of the committee shall be deemed to have a pecuniary interest in the matter, if—

(a)        the member or his spouse or partner singly or between them own, whether directly or through a nominee, 10% or more of the issued capital of the company or of any other company controlling that company; or

(b)        the member or his spouse or partner is a member of the company, and either of them is the managing director or the general manager (by whatever names they are called) of the company; or

(c)        the member or his spouse or partner is a member of a company controlling the company having a pecuniary interest in the matter before the governing body of the local authority or, as the case may be, before the committee, and either the member or his spouse or partner is the managing director or the general manager (by whatever names they are called) of that controlling company; or

(d)        the member or his spouse or partner is the managing director or general manager (by whatever names they are called) of the company having a pecuniary interest in the matter before the governing body of the local authority or, as the case may be, before the committee, and either of them is a member of a company controlling that company.

(2A)      Where the spouse or partner of a member of a local authority or of any committee thereof has, directly or indirectly, a pecuniary interest in a matter before the governing body of a local authority or before a committee thereof as the owner or one of the owners (otherwise than as a member of an incorporated company) of an estate or interest in any real or personal property or of any business or as a party to any contract or proposed contract with the local authority, the member shall, for the purposes of subsection (1), be deemed to have a pecuniary interest in the matter.

(2B)      Nothing in subsection (2) or subsection (2A) shall apply with respect to the spouse or partner of any member where, at the time when the member took part in the discussion of or, as the case may be, voted on the matter before the local authority or committee, the member and his spouse or partner were living apart.

(3)     Nothing in subsection (1) shall apply with respect to any of the following matters:

(a)        any payment to or for the benefit of a member where it is legally payable and the amount or maximum amount or the rate or maximum rate of the payment has already been fixed; or

(b)   any contract of insurance insuring members against personal accident; or

(c)        an election or appointment of a member of the local authority to any office, notwithstanding that any remuneration or allowance is or may be payable in respect of that office; or

(d)        any formal resolution to seal or otherwise complete any contract or document in accordance with a resolution already adopted; or

(e)        the preparation, recommendation, approval, or review of a district plan under the Resource Management Act 1991 or any section of such a scheme, unless the matter relates to any variation or change of or departure from a district scheme or section thereof or to the conditional use of land as defined in that Act; or

(ea)      the preparation, recommendation, approval, or review of general schemes under the Soil Conservation and Rivers Control Act 1941 for the preventing or minimising of damage by floods and by erosion; or

(eb)      the preparation, recommendation, approval, or review of reports as to the effect or likely effect on the environment of any public work or proposed public work within the meaning of the Public Works Act 1981; or

(f)         any matter in which, in the opinion of the Auditor-General given before the vote or discussion and on written application to the Auditor-General for his or her opinion, the pecuniary interest of a member is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in voting on or taking part in the discussion of that matter.

(4)        Notwithstanding anything in subsection (1), the Auditor-General may, of his or her own motion or upon written application made to him or her by the member concerned, declare that that subsection shall not apply with respect to any specified matter or specified class of matter to be considered by the local authority or committee, as the case may be, if the Auditor-General is satisfied that the application of that subsection would impede the transaction of business by the local authority or committee or that it would be in the interests of the electors or inhabitants of the district of the local authority or of the area under its jurisdiction that the subsection should not apply.

(5)        Any person who under subsection (1) is prohibited from voting on or taking part in the discussion of any matter at any meeting at which he is present shall, when the matter is raised before the local authority or committee of which he is a member, declare to the meeting that he has a pecuniary interest in the matter, and the fact of the disclosure of interest and of the abstention from discussion and voting shall be recorded in the minutes of the meeting. Any such record in the minutes of the meeting shall be prima facie evidence of its contents, in the event of any question arising as to whether a member made a disclosure of interest and abstained from discussion and voting.

(6)     Notwithstanding anything in subsection (1), a member of any of the following bodies:

(a)   the University Grants Committee:

(b)   the Council of Massey University:

(c)   the Council of the University of Auckland:

(d)   the Council of the University of Canterbury:

(e)   the Council of the University of Otago:

(f)   the Council of the University of Waikato:

(g)   the Council of the Victoria University of Wellington:

(gg) [Repealed]

(h)   the Council of Lincoln University:

(i)    [Repealed]

(j)    [Repealed]

(k)   [Repealed]

shall be entitled to take part in the discussion before that body, or any committee thereof, of any matter that directly or indirectly affects his salary or allowances, but shall not be entitled to vote thereon.

The penalty for discussing or voting when there is a pecuniary interest is, once again, loss of office, but only upon conviction of an offence (section 7). Related to these statutory provisions is the common law principle of natural justice, which includes obligations to listen to both sides and not to be a judge in one’s own cause.


 

Indirect Pecuniary Interest

One question that at some stage may face an elected member is how does one deal with an indirect pecuniary interest?  At what point, or in what way, is the interest to be distinct from that of the public in general?  Not surprisingly, because the circumstances can be infinite in their variety, the Courts have deliberately refrained from providing fixed boundaries.  Each case must be considered on its own facts.

The Courts have recognised that the constraint should not be interpreted so as to make

 "The conduct of municipal business impossible and recognised that since a contravention is made an offence punishable by a penalty the language should only be given meaning which it clearly bears”[ii]

What is clear is that is that the member's interest is not to be one that is shared in common with the public, it has to be "special and peculiar to him/herself".

The meaning of "the public" is very vague.  It will  depend        upon the circumstances of the case and will always be a question of degree.

An indirect pecuniary interest may involve (see section 6 of LAMIA):

·      An interest arising from a relationship and not from any specific contract or monetary connection; and

·      Considering whether an informed objective bystander would conclude that there was a likelihood or reasonable apprehension of bias; and

·      That any motives and good faith of councillors are irrelevant to whether or not they had an indirect pecuniary interest; and

·      Either a potential benefit or a potential liability.  It         does not matter whether a member gains or loses from his or her interest, "the situation contemplated by the legislation is a particular formalised illustration of the rule that persons charged with an obligation to make decisions should not be affected by any personal motive".

It must        be emphasised that pecuniary interests are ones for members themselves to address and resolve.  It is not the business of the Council to order, direct or formally advise any member what he or she should do in any particular instance.                

Only the member will know sufficient detail to be able to determine his or    her liability.  There is no authority for the executive of the Council to provide legal advice to members as to their personal affairs.

Crimes of Bribery and Corruption - Crimes Act 1961

Councillors are within the definition of an “official” in section 99 of the Crimes Act.  Section 105 of that Act provides that every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in an official capacity.

Putting this simply, it is an offence against this section to seek or obtain a reward for performing one’s official duties as a councillor.

Section 105A, further states that it is an offence, carrying a term of imprisonment of up to 7 years, for an official to use any information acquired by him or her in an official capacity to obtain, directly or indirectly, an advantage or a pecuniary gain for himself or herself, or any other person.

Secret Commissions Act 1910

The Secret Commissions Act 1910 deems every councillor to be an agent of the Council (section 16(1)(b)). It creates offences in relation to accepting inducements or rewards for doing or forbearing to do something in relation to the Council’s affairs, or showing or having shown favour or disfavour to any person in relation to the Council’s affairs or business (section 4(1)). It is an offence, similarly, to divert, obstruct, or interfere with the proper course of the affairs or business of the Council, or to fail to use due diligence in the prosecution of its affairs or business, with intent to obtain any gift or other consideration from any person interested in the affairs or business of the Council (section 4(2)).

Section 5 makes it an offence for a member not to disclose to the Council his or her pecuniary interest in a contract when making a contract on behalf of the Council.

Section 9 of the Act makes it an offence to aid or abet, or to be in any way directly or indirectly concerned in, or privy to, the commission of any offence against the Act.

Conviction of an offence under the Act carries with it the possibility of imprisonment for up to 7 years. Such a conviction would also have the consequence of loss of office, in terms of clause 1 of Schedule 7 to the Local Government Act 2002.

Financial Markets Conduct Act 2013

Under the Financial Markets Conduct Act 2013, elected members are in a similar position to company directors if the Council were to issue financial products, such as equity or debt securities, under its borrowing powers. Elected members may therefore be personally liable if product disclosure statements to investors contain untrue information, and may be liable for civil action or criminal prosecution if the requirements of the Act, such as keeping an audited register of financial products issued, are not met.

Health and Safety at Work Act 2015

The Act specifically exempts Local body members at section 52 set out below.

52 Liability of certain office holders

(1)        An office holder listed in subsection (2), when acting in that capacity, does not commit an offence under section 47, 48, or 49 for a failure to comply with the duty imposed by section 44 (duties of officers).

(2)   The office holders are—

(a)    a member of the governing body of a territorial authority or regional council elected in accordance with the Local Electoral Act 2001:

(b) a member of a local board elected or appointed under the Local Electoral Act 2001:

(c)    a member of a community board elected or appointed in accordance with the Local Electoral Act 2001:

(d) a trustee of a board of a school appointed or elected under the Education Act 1989.

(3)   In this section,—

board and trustee, in relation to a school, have the same meanings as in section 92(1) of the Education Act 1989

community board means a board established under section 49(1) of the Local Government Act 2002

local authority and local board have the same meanings as in section 5(1) of the Local Government Act 2002.

 


 

Administrative Law Principles

This is         a brief         introductory overview of administrative law principles, which apply to the making of all decisions by the Council.  There is an overriding obligation to make decisions fairly.                  

The Council is subject to the same laws as any other person or body corporate.  However, The Council is not the same as a company or an individual.  Its public nature, derived from the Crown and being in control of public funds creates a need for additional obligation that Council must adhere to.  These additional obligations are the administrative law principles otherwise known as the rules of natural justice which apply to council’s decision making.

The Council can be taken to court for both private claims and public action.  An example of a private claim is seeking damages against the Council for breach of contract and an example of a public action is judicial review of a Council decision.      

What then are the administrative law principles?  Three major categories of grounds for judicial review have been recognised. One judge has spoken of illegality, irrationality and procedural impropriety.  Another would have councils act in accordance with law, fairly and reasonably.

These are clearly broad principles and are of universal application.  Narrower legal terms apply to certain kinds of behaviour, which are found within these requirements to achieve fairness.

Illegality /Procedural Impropriety                                

Although Council has a power of general competence, that power is given and constrained by the Local Government Act 2002, other legislation and the common law.  This means it cannot do whatever it wants in whatever manner it chooses.

Whenever the Council does act, by resolution of the members themselves in Council meeting, by committee, subcommittee or delegated officer, it must act in the manner specified in the legislation or standing orders.  Particular attention should be given to procedural compliance as a to comply with the statutory duties set out in the LGA02 can result in the decision of the Council being illegal and on judicial review overturned.

A Degree of Conflict in Council Decision Making is Allowed

Elected members will often be involved in other organisations in the community, in addition to private interests and those of their friends and families. Accordingly, having possible conflicting interests is natural and unavoidable

It however is important to note that a conflict oonly arises if, in a particular situation, there is an overlap between private interest and responsibilities to a public entity, or where a person’s duty to one entity is in conflict with a duty to another entity (a conflict of roles/duties).

The law recognises the inevitability of a degree of conflict with in councils when exercising certain functions.  It is established, for example, that a council may object to its own district plan and apply to itself for resource consent.

Where there is inevitably an element of pre-consideration by the council of the issue it has to decide, the Courts have tolerated:

“a departure from the standard of even-handed justice which the law requires from those who occupy judicial office, or those who are commonly regarded as holding a quasi-judicial office…”[iii]

This lesser standard of impartiality has been described in the case of councils in these terms:

“… the state of impartiality which is required in a council to preserve a freedom, notwithstanding earlier investigations and decisions, to approach  their duty of inquiring into and disposing of  objections without a closed mind, so that if considerations advanced by objectors bring them to a different frame of mind they can and will go back on their proposals.”[iv] 

However, that the necessary element of inevitability is lacking where one member of the Council chooses to make preliminary submissions to the Council or become publicly involved on behalf of one particular option, rather than argue his case in the deliberations of the Council.  By taking a prior public position, he steps outside the Council and should not, subsequently, seek to rejoin the Council in its deliberations.

The Council's actions will be tested for bias against strict rules.  There must be no:

         “suspicion of bias reasonably and not fancifully entertained by responsible minds”.[v]       

Bias

The law around conflict of interest and bias is interesting but difficult to apply as it is often a matter of degree. For example in our legislation it is not just a matter of exclusion from the vote, but also exclusion from the deliberation on the particular issue.  A public body must be seen to be impartial when making a decision.  A prior contract, undertaking or commitment may make later considerations unlawful. 

Bias and section 6 of LAMIA are similar in some respects. The test is:

“whether an informed objective bystander would conclude that there was a likelihood or reasonable apprehension of bias”. [vi]

Bias is part of the administrative law principles of natural justice, which requires the Council to act fairly in reaching its decisions.   The fairness principle has been described in these terms:

“In exercising that discretion as in exercising any other administrative function they [members] owe a constitutional duty to perform it fairly and honestly… What is a fair procedure to be adopted at a particular enquiry will depend on the nature of its subject matter.”[vii]

More particularly, in the present context:

“presumptive bias through interest is a disqualifying factor in the judicial process not because actual bias was present, but because a reasonable man might think it was”.[viii]

A breach, however, does not automatically invalidate a decision, nor render it void.  The decision remains until it is declared by a court to be invalid and set aside.

Administrative law principles, sometimes spoken of as "natural justice", require the Council to act fairly in reaching its decisions.   Among other things,     that duty requires that conflicting views to be considered in any particular process are given a        fair hearing and that the decision is free of predetermination or bias.

Administrative law principles are matters of public law affecting the Council, rather than private law by which a member can be subjected to sanctions.  The remedy in public law, in the event of conflict giving rise to bias, is the invalidation of the Council decision, not the imposition of a penalty.  It is this potential consequence of non-pecuniary conflict of interest that affects the Council.

The Council needs to consider the decision-making process. Is the process impartial?  Might an informed objective bystander think that a member has a conflict of interest?   To this extent, the duty of disclosure by members to the Council is vital.

Reasonableness

The test for reasonableness, known as Wednesbury unreasonableness[ix] was stated like this:

“…a person entrusted with a discretion must so to speak direct to himself properly in law.  He must call his own attention to the matters which he is bound to consider. He must exclude from his consideration matters which are irrelevant to what he has to consider.  If he does not … he may truly be said … to be acting “unreasonably”.”

Further, what is often quoted:

“If a decision is so unreasonable that no reasonable authority could ever have come to it then the courts can interfere.”

It is on this standard that rates of McKenzie and Waimate Districts have been struck down.

The Court of Appeal has stated the test of unreasonableness in Wellington City Council v Woolworths in this way: 

“For the ultimate decisions to be invalidated as “unreasonable” to repeat expressions used in the cases, the must be so perverse or absurd or outrageous in their defiance of logic that Parliament could not have contemplated such decisions being made by an elected council.”[x]

 Just because a wide majority of        elected        representatives,    often considering the matter a number of times, have come to a decision which seemed to them to be wise policy, well made, the Courts have nevertheless exercised the power to review and uphold, or reject those Council decisions.

The approach has been  refined         by the High Court in the recent case of  MPR v Refugee Status Appeals Authority. Judge Duffy said at paragraph14:

The test for reasonableness can vary according to the context.  Decisions that are  entirely about money or that largely involve questions of central or local government policy are subject to the test applied in Wellington City Council v Woolworths (No 2) [1986] 2 NZLR 537 (CA) at 545…. However, it has long been recognised that a lower threshold may be applied in cases involving human rights.”[xi]

 

Conclusion

In decision-making, the Council must act with lawful authority in accordance with lawful procedure and produce rational results.  This sounds simple, but in practice circumstances and complexity of the matters that you may have to deal with often make for difficulties in coming to a decision.  When there is doubt,       act carefully, ask and take advice and in need request further information so that at all times you as a Councillor can strive to make the best decisions you can for the benefit of the district.

 

References and Acknowledgements

 

[1] Brown v DPP [1956] 2 All ER 189,192, Donovan J

[1] Downward v Babington [1975]VR 872,877

[1] Franklin v Minister of Town & Country Planning [1948] AC 87 at 103           

[1] Lower Hutt City Council v Bank [1974] 1 NZLR 545 at 550

[1] Turner v Allison and Others [1971] NZLR 833 at 848

[1] Calvert & Co v Dunedin City Council [1993] 2 NZLR 460

[1] Bushell v Secretary of State for the Environment [1981] AC 75,        95

[1] Meadowvale Stud Farms Limited v Stratford County Council [1979] 1 NZLR 342

[1] Associated Provincial Housing Ltd v Wednesbury Corporation [1948] 1KB 2

[1] Wellington City Council v Woolworths New Zealand Limited [1996] NZLR 537

[1] MPR v Refugee Status Appeals Authority [2012] NZHC 567

 

I further wish to acknowledge Brookfields Lawyers and the ongoing guidance in the matters.


5.6         Te Hiku Community Board First Meeting

File Number:           A2702785

Author:                    Melissa Wood, Meetings Administrator

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

 

Purpose of the Report

To note the date and time of the first meeting of the Te Hiku Community Board.

 

Recommendation

That the Te Hiku Community Board receive the report “Te Hiku Community Board First Meeting”.

 

 

Background

The Local Government Act (2002) cl. 21(5), Schedule 7, sets out a number of requirements of business that must be conducted at the Inaugural Meeting. This includes:

 (d) The fixing of the date and time of the first meeting of the local authority, or the adoption of a
       schedule of meetings.

The Te Hiku Community Board’s first meeting has been scheduled for Tuesday 10 December 2019.

Discussion and Next Steps

The schedule of formal meetings will be tabled to Council and the Community Boards at their meetings in December.

Financial Implications and Budgetary Provision

There are no financial implications or budgetary provisions required as a result of this report.

Attachments

Nil

 


5.7         Te Hiku Statement of Financial Performance Activities by Ward for the period ending 30 September 2019

File Number:           A2715722

Author:                    Sam Chapman, Accounting Support Officer

Authoriser:              Janice Smith, Chief Financial Officer

 

Purpose of the Report

The purpose of the report is to provide the Te Hiku Community Board with financial statements for the period ended 30 September 2019.

Executive Summary

The financial report is ward-specific, covering the activities in the Te Hiku ward only.

Understanding the report

Variances in excess of $100k and significant “%” variances will be commented on.

The financial year runs from 01 July 2019 to 30 June 2020.

The “Year to date” columns reflect income and expenses for the period 01 July 2019 to 30 September 2019.

The variances column highlights the difference between the budget set in the 2019/20 Annual Plan  and actual income and expenses as at 30 September 2019.

The full year columns show the budgeted income and expenses for the full 12 months from 01 July 2019 to 30 June 2020.

The full year forecast column shows the best estimate for the actual year end position as advised by Managers.

Unfavourable variances will represent expenses higher than budget or income less than budget.

 

Recommendation

That the Te Hiku Community Board receives the report Te Hiku Statement of Financial Performance Activities by Ward for the period ending 30 September 2019.

 

 

Background

This is the first quarterly financial report for 2019-2020 detailing the financial performance of community activities to be provided to the Te Hiku Community Board.

Discussion and Next Steps

Refer to the commentary in the attached statement.

Financial Implications and Budgetary Provision

There are no specific financial implications for this report.

Attachments

1.      THCB Statement of Financial Performance Activities by Ward for the period ending 30 September 19 - A2715305  

 


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5.8         Te Hiku Statement of Community Fund Account as at 30 September 2019

File Number:           A2708817

Author:                    Sam Chapman, Accounting Support Officer

Authoriser:              Janice Smith, Chief Financial Officer

 

Purpose of the Report

The Community Fund account provides information on financial matters relating to the Te Hiku Community Board’s Community Fund which is allocated in accordance with the Community Grant Fund Policy.

Recommendation

That the Te Hiku Community Board receives the report “Te Hiku Statement of Community Fund Account as at 30 September 2019“.

 

 

Background

The statement is attached for the Board’s information and to provide sufficient information to enable the Board to allocate funds in accordance with the funds available. In accordance with the Community Grant Policy, section 10, “applications in excess of $3,000 may require the applicant to attend a Board meeting, subject to the Chairperson’s discretion”.

 

Community Fund Account balance as at 01 July 2019

$146,701.00

·    Plus Grant refunded from Be Free Inc

$86.96

·    Less funds allocated towards Centennial Park planting project

$17,000.00

·    Less funds granted and uplifted to 30 September 2019

$9,968.00

·    Less funds not uplifted from 1 October 2019 for Te Houtaewa Maori Charitable Trust, Karikari Recreation Hub, Centennial Park planting project, 2020 Anzac Day Te Ahu Service Expenses, Placemaking project for Awanui

$39,333.00

·    Less funds not uplifted from 20 August 2019 for Whatuwhiwhi and Tokerau Ratepayers Association and Far North Joyfest Group

$3,900.00

·    Less funds not uplifted from 16 July 2019 for NZ Baroq Incorporated

$1,000.00

Community Fund Account balance as at 30 September 2019

$75,586.96

Discussion and Next Steps

Board members will consider the applications on the agenda and make a decision on what level of funding to allocate.  The balance in the Community Fund account as at 30 September 2019 is $75,586.96.

Recent amendments to the Community Grant Fund Policy allow the Community Board to allocate, by resolution, funding directly to key projects identified in their strategic plan to the maximum amount of $20,000 in any financial year. 

Financial Implications and Budgetary Provision

The Far North District Council has delegated the allocation of funds from the Te Hiku Community Fund account to the Te Hiku Community Board.  The statement of the Community Fund account as at 30 September 2019 is attached.

 

Attachments

1.      Statement of Te Hiku Community Board Fund Account as at 30 September 19 - A2709027  

 


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Te Hiku Community Board Meeting Agenda

5 November 2019

 

6          Strategic Planning and Policy Group

6.1         Local Community Grant Funding Applications

File Number:           A2718802

Author:                    Kathryn Trewin, Funding Advisor

Authoriser:              Sheryl Gavin, Manager Corporate Planning and Community Development

 

Purpose of the Report

The purpose of this report is to summarise applications for Local Community Grant funding to enable Te Hiku Community Board to determine which application/s will receive funding at the 5 November 2019 meeting.  

Executive Summary

·        As at 30 September 2019, the Te Hiku Community Board has $75,586 unallocated funding available for the 2019/20 financial year. This amount does not take into account grants or other funding allocated at the Board’s meeting on 1 October 2019.

·        Three applications for funding have been received requesting a total of $11,534.

 

 

Recommendation

That Te Hiku Community Board, in considering the provisions of the Community Grant Policy, authorise funding (plus GST if applicable) be paid from the Board’s Community Fund to the following applicants:

a)  The Wild Wild West Foundation Charitable Trust for their 2020 annual  horse trek   $1,100

b) IO Creatives - Te Hiku Māori Arts Group for the 2019 IO Creations Festival       $4,874

c)  Circability Trust for their 2020 Inclusive Circus Arts Tour                                              $5,379

Total                                                                                                                                                                                                                                                                      $11,353

 

 

1) Background

Each application has been checked by staff for completeness and complies with the conditions of the Community Grant Policy, Community Outcomes as stated in the LTP, and all provisions listed on the application form.


 

2) Discussion and Options

Applicant

Project

Requested

Recommended

Purpose

Community Outcome

Type

The Wild Wild West Foundation Charitable Trust

2020 Herekino Trek

$1,100

$1,100

A holiday horse trek programme for children and their whanau from local remote rural communities.  The programme teaches outdoor survival skills and incorporates confidence building activities.  The aim is to provide a safe environment for youth to build positive lifelong life skills, including tikanga Māori, marae protocol and cultural history.

i)       Proud vibrant communities.

ii)         Liveable communities that are healthy, safe, connected, and sustainable.

Event

IO Creatives - Te Hiku Maori Arts Group

3 Day Maori Arts and Culture Public Event

$4,874

$4,874

IO Creatives-Te Hiku Maori Arts Group purpose is to support Maori Arts and Culture within the region and to provide the young Maori a platform to showcase their work over a three day event.

i)       Proud, vibrant communities

ii)       A wisely managed and treasured environment that recognises the special role of tangata whenua as kaitiaki

Event

Circability Trust

Circus workshops and tour

$5,560

$5,379

This organisation is based outside of the district and is seeking funds to run workshops for participants with special needs (eg wheelchair/sight impaired etc), followed by a tour of the region. 

Proud, vibrant communities

Event

 

Assessment of Applications

Each applicant was required to complete a standard application form and provide supporting information. 

For each application, the Board has three options.

Option 1    Authorise funding for the full amount requested

Option 2    Authorise partial funding

Option 3    Decline funding

Reason for the recommendation

Each application has been assessed and meets the criteria of the Community Grant Policy, Community Outcomes as listed in the LTP, and the conditions listed on the application form. 

3) Financial Implications and Budgetary Provision

The Board allocates funding in accordance with the Community Grant Policy and considers applications received against available funds as reported in each meeting’s agenda.


Te Hiku Community Board Meeting Agenda

5 November 2019

 

 

Attachments

1.      THCB Funding Application - The Wild Wild West Foundation Charitable Trust - A2690844

2.      Schedule of Supporting Documentation - The Wild Wild West Foundation Charitable Trust - A2585780

3.      THCB Funding Application - IO Creatives Te Hiku Maori Art Group - A2717164

4.      Schedule of Supporting Documentation - IO Creatives Te Hiku Maori Art Group - A2718304

5.      THCB Funding Application - Circability Trust - A2718800

6.      Schedule of Supporting Documentation - Circability Trust - A2718799  


 

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.

Community Grant Policy

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

This report does not have district-wide relevance

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.

No implications for Māori in relation to land and/or water

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.

Considered in the application

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

Budgetary Provision has been made and the grant is allocated in accordance with the Community Grant Policy.

Chief Financial Officer review.

The Chief Financial Officer has not reviewed this report

 

 


Te Hiku Community Board Meeting Agenda

5 November 2019

 

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Te Hiku Community Board Meeting Agenda

5 November 2019

 

Schedule of Supporting Documentation

The Wild Wild West Foundation Charitable Trust

The following supporting documentation has been provided in support of the grant application and is emailed under separate cover.

1

Business Plan

2

Programme Outline April 2020

3

Quote - Northland Project Ponies & Equestrian Services

4

Quote - Manukau Marae Committee

5

Quote - Tui Inn Adventures & Accommodation

6

Health & Safety Plan

7

Bank Account Statement 11 Sept 2019

8

Minutes of meetings - March & June 2019

 

 


Te Hiku Community Board Meeting Agenda

5 November 2019

 

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Te Hiku Community Board Meeting Agenda

5 November 2019

 

Schedule of Supporting Documentation

IO CREATIVES – TE HIKU MĀORI ARTS GROUP

The following supporting documentation has been provided in support of the grant application and is emailed under separate cover.

1

Cover Letter

2

Bank statement

3

Promotional Flyer

4

Business Plan/Background Information

5

Quote – Te Ahu Centre

6

Quote – Kauri Lodge Motel

7

Quote – Printing.Com

 

 

 


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Schedule of Supporting Documentation

CIRCABILITY TRUST

The following supporting documentation has been provided in support of the grant application and is emailed under separate cover.

1

Budget

2

Poster

3

Project Details

4

Strategic Plan

5

Letter from Circability Trust

6

Bank Statement

7

Quote from IntoFrame Ltd

8

Quote – Mode Car and Camper Rentals

9

Quote – Arts Access Aotearoa

10

Letter of Support - L’Arche

11

Letter of Support – Auckland Council

12

Letter of Support – Manu Tukutuku

13

Letter of Support – Middle School West Auckland

14

Health and Safety Policy

 

 

 

 


Te Hiku Community Board Meeting Agenda

5 November 2019

 

6.2         Te Hiku Community Board Appointment to Disability Action Group

File Number:           A2701410

Author:                    Aya Morris, Community Development Advisor

Authoriser:              Sheryl Gavin, Manager Corporate Planning and Community Development

 

Purpose of the Report

The purpose of the report is to give the Te Hiku Community Board the opportunity to appoint a member to the Disability Action Group. 

Executive Summary

·        The Disability Action Group includes a representative from Council and each of the community boards. 

·        The Te Hiku Community Board is able to appoint a member as their delegate to the group.

·        Information about the 2018-2019 operation of the group is presented as an attachment to the report

 

Recommendation

That the Te Hiku Community Board appoint ________________ as its representative on the Disability Action Group.

 

1) Background

The Disability Action Group is a stakeholder engagement group which was established by the Council and consists of elected members, representatives of external groups involved with people of various abilities, and people with a lived experience of disability.

In June 2013 the Council adopted Policy 3211 – Equity and Access for People with Disabilities. The Disability Action Group meets quarterly to assist the Council to meet the objectives of the policy, including building the capacity of disabled groups to take responsibility for advocating on their own behalf.

The Disability Action Group Annual Report 2018-2019 is presented as an attachment to this report in order to provide information to the Community Board on the operations of the group.

 

2) Discussion and Options

The Te Hiku Community Board can appoint one of its members to the Disability Action Group. The appointee would enable communication between the group and the board and ensure the Te Hiku community’s views are represented on the group.

Reason for the recommendation

To allow for appointment of a Community Board member to the Disability Action Group.

3) Financial Implications and Budgetary Provision

There are no financial implications.

Attachments

1.      Disability Action Group Annual Report 2018-2019 - A2701412  


 

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

The proposal has a low level of significance.

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

Policy 3211 – Equity and Access for People with Disabilities

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 matter has District wide relevance and delegates from each of the community boards and Council are requested.

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.

Māori are considered as part of the group’s operation.

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

The group specifically seeks to engage with these people.

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

There are no additional financial implications.

Chief Financial Officer review.

The Chief Financial Officer has not reviewed this report.

 

 


Disability Action Group Annual Report 2019

The Disability Action Group (DAG) works with the Far North District Council (FNDC) to advocate for a more accessible environment for Far North residents and visitors with disabilities.

This report covers the period 30 June 2018-1 July 2019 and outlines key areas of advocacy and action for the DAG during this time.

DAG structure, strategy and operation

The DAG has held quarterly meetings and an annual strategic workshop as outlined in the recently developed Terms of Reference. A speaker with a wireless microphone has increased accessibility for those attending DAG meetings.

DAG engagement with Council and Community Boards

The DAG strategic goals developed through the annual strategic workshop have been presented to Council through a DAG deputation to a Council meeting.

The DAG annual report has been presented to each of the three community boards, gaining support for the DAG request to reinstate a community board agenda item about disabilities.

DAG engagement with FNDC staff

The DAG chairperson has met directly with the FNDC CEO to discuss the work of the DAG.

The DAG has given feedback on Reserve Management Plans for Lindvart Park and Kerikeri Domain.

The DAG has made a submission on the Draft District Plan to advocate for increased accessibility across all zones.

The DAG has engaged with the FNDC Transport Planner to provide feedback on the process to create new accessible car parking spaces, to recommend new spaces, and to recommend improvements for existing spaces. DAG has advocated for increased monitoring for accessible car parking spaces.

The DAG chairperson attended a workshop about the FNDC Integrated Transport Strategy.

The DAG has provided feedback to the Strategy & Policy team regarding the future review of the Equity and Access for People with Disabilities policy.

DAG promotion

The FNDC has issued a DAG media release which generated two articles in local newspapers, been featured in a social media post on the FNDC Facebook page, and recruited new members.

Accessible transport

The DAG has engaged with a range of agencies to advocate for improvements in accessible transport. These have included Northland DHB, Northland Regional Council, FNDC, and local Members of Parliament, Matt King and Kelvin Davis. The DAG has advocated for the allocation of FNDC funding to support accessible transport through schemes such as Total Mobility.

Disability Awareness Training

The DAG has successfully advocated to FNDC to provide disability awareness training for staff in line with the Equity and Access for People with Disabilities policy. The next round of training has been scheduled for 2019.

Equity and Access

The DAG has advocated for equity and access in matters other than accessibility for people with mobility or sensory impairments. For example the DAG has advocated for the needs of people with intellectual disabilities, mental health conditions and respiratory disabilities in their work.

 

 


6.3         Rural Travel Funding Project Reports

File Number:           A2690773

Author:                    Melissa Wood, Meetings Administrator

Authoriser:              Aisha Huriwai, Team Leader Governance Support

 

Purpose of the Report

To receive the project reports from previous funding applicants to the Rural Travel Funding Scheme.

Executive Summary

·        Recipients of funds from the Rural Travel Funding must complete and submit a project report form within two months of funding being spent to subsidise travel for youth to participate in sporting activity and or competition

·        Project reports have been received from Eastern United Rugby Football Club, Kaitaia Basketball Association, Kaitaia City Rugby Union Football Club, Kaitaia Pirates Sports Club, Ngataki School, Taipa Area School, Te Hapua School, Te Rararwa JMB Rugby Club, and Te Kura Taumata o Panguru.

 

Recommendation

That the Te Hiku Community Board note the Rural Travel Project Reports from:

a)      Eastern United Rugby Football Club

b)      Kaitaia Basketball Association

c)      Kaitaia City Rugby Union Football Club

d)      Kaitaia Pirates Sports Club

e)      Ngataki School

f)       Taipa Area School

g)      Te Hapua School

h)      Te Rarawa JMB Rugby Club

i)       Te Kura Taumata o Panguru

 

1) Background

The Far North District Council, as part of its agreements with Sport New Zealand and Sport Northland to administer Rural Travel funding, is required to submit an annual report on how the funding was allocated.  To assist the Council in compiling this report and to ensure accountability from applicants a project report form for funding is requested.  The Community Boards have in the past indicated a preference to support applicants that have returned a completed project report form for previous funding.

2) Discussion and Options

A copy of the project report forms are attached for the Board to receive.  If Board members have concerns or issues with any of these reports, they should be discussed at this point of the meeting.

Reason for the recommendation

To receive the project reports from previous funding applicants to the Rural Travel Funding Scheme.

3) Financial Implications and Budgetary Provision

There are no financial implications or budgetary requirements.

 

Attachments

1.      Rural Travel Project Report - Eastern United Rugby Football Club - A2693310

2.      Rural Travel Project Report - Kaitaia Basketball Association - A2623963

3.      Rural Travel Project Report - Kaitaia City Rugby Union Football Club - A2611341

4.      Rural Travel Project Report - Kaitaia Pirates Sports Club - A2628352

5.      Rural Travel Project Report - Ngataki School - A2661450

6.      Rural Travel Project Report - Taipa Area School - A2557543

7.      Rural Travel Project Report - Te Hapua School - A2661449

8.      Rural Travel Project Report - Te Rararwa JMB Rugby Club - A2623869

9.      Rural Travel Project Report - Te Kura Taumata o Panguru - A2690762  


 

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

N/A

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

N/A

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

This is a community board report

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.

N/A

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.

The Community Board has delegated authority to allocate funding.

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

Chief Financial Officer review.

The Chief Financial Officer has not reviewed this report.

 

 


Te Hiku Community Board Meeting Agenda

5 November 2019

 

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Te Hiku Community Board Meeting Agenda

5 November 2019

 

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Te Hiku Community Board Meeting Agenda

5 November 2019

 

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Te Hiku Community Board Meeting Agenda

5 November 2019

 

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Te Hiku Community Board Meeting Agenda

5 November 2019

 

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Te Hiku Community Board Meeting Agenda

5 November 2019

 

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Te Hiku Community Board Meeting Agenda

5 November 2019

 

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Te Hiku Community Board Meeting Agenda

5 November 2019

 

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Te Hiku Community Board Meeting Agenda

5 November 2019

 

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Te Hiku Community Board Meeting Agenda

5 November 2019

 

6.4         Rural Travel Funding - Applications Summer round 2019/20

File Number:           A2690887

Author:                    Melissa Wood, Meetings Administrator

Authoriser:              Aisha Huriwai, Team Leader Governance Support

 

Purpose of the Report

To allocate Rural Travel Funding for the 2019/20 summer sporting season.

 

Recommendation

That the Te Hiku Community Board allocates Rural Travel Grant funding in accordance with the recommendations received from Sport Northland as follows:

a)      408 Community Trust                   $1800

b)      Te Hapua School                           $740

c)      Te Kura Taumata o Panguru        $1800

 

Total                                                $4,340

 

1) Background

The Rural Travel Fund was developed in response to concerns raised by Councils throughout the country about the lack of participation in sport by young people living in rural communities. The Fund was introduced as an interim measure until a rural participation strategy was fully developed and implemented. The strategy is yet to be developed.

Kiwisport was launched in 2009 by Prime Minister John Key and funding is given to Sport Northland to achieve three objectives. One of the barriers that has been identified in Northland is the cost of travel.  Sport Northland agreed to give part of its funding to the Far North District Council to add to its Rural Travel Fund to overcome the travel barrier and help achieve their three objectives.

Council receives funding based on a per capita basis and gave the three Community Boards delegated authority to allocate the funding.  Each Board receives a sum based on the number of people between ages five and nineteen living in their respective areas. Figures are based on the 2013 census results.  This funding round is the second of two funding rounds for the current financial year, for sporting activities taking place in winter, or until November 2019 when the next round of funding is allocated.

Council advertises that funding is available approximately one month before applications close in local newspapers and on Council’s facebook page. The Sport Northland representatives also forward information of the fund to clubs and schools that they work with as a more targeted approach to advertise the funding is available.

2) Discussion and Options

It is each Community Board's role to determine which applications best meet the criteria and will have the most positive broad effect in their communities. The following table is a guide to the funding criteria.

Funding is available for activities taking place within the district. It is understood, that in some cases, competitions do not exist within the district and travel is required in which case the Community Boards may use their discretion.

The Panguru teams listed affiliate to clubs in Mangonui, or Kaitaia, within the Te Hiku Ward and have therefore been included within this area.

Project reports for any previous grants have been received from all the current applicants. Further detailed information provided by Sport Northland regarding their recommendations has been distributed to Board Members separately.

 

Sport Northland (Kiwisport)

Sport New Zealand (Rural Travel)


What are the Objectives?

1.  Increase the number of children participating in sport

2.  Increase the availability and accessibility of sport for children

3.  Support the development of skills to enable effective participation.

Subsidise travel for junior teams participating in local sport competition.

How much is available?

$25,000.00 across the Far North District.

$25,080.30 across the Far North District.

Funding is not available for

Coaches, referees, children playing in Regional or District rep teams, club/school sport administration.

Activities taking place during school hours, coaches, referees, club/school sport administration, travel to training.

Who can apply?

Schools, clubs or individuals.

Schools, clubs or individuals.

What age group is funding for?

Funding is available for school aged children. This is understood to be ages 5 - 18 years of age.

Funding is available for youth/children aged 5 - 19 years of age.

Eligible Sports

Team or individual organised sporting activities such as volleyball, netball, rugby; hockey, football, orienteering, waka ama, basketball, ki-o-rahi, shooting, athletics, swimming.

Sports that have regular grass roots competitions such as netball, hockey, rugby, rugby league, softball, football, touch rugby, basketball.

 

Applicants are advised, when granted funds, that the funds are to be uplifted within three months and that a project report form is required if they wish to be eligible to apply for future funding.

1

408 Community Trust

$1,800

2

Te Hapua School

$740

3

Te Kura Taumata o Panguru

$1,800

Reason for the recommendation

To fulfil the requirements of the Sport NZ Rural Travel Fund agreement with Sport New Zealand and the Kiwisport agreement with Sport Northland to increase participation in sport by young people living in rural communities.

3) Financial Implications and Budgetary Provision

Council receives two grants annually that make up this funding budget - $25,080.30 from Sport New Zealand and $25,000 (plus GST) from Sport Northland.  

The total budget for rural travel funding for the 2019/20 financial year is $50,080.30. The percentage of youth throughout the district is translated into percentages to calculate the percentage of funding each Board can allocate. It is recommended that only 40% of the total funding be allocated for summer activities and the remainder allocated for the busier winter sporting season.

There was a carry over balance of $375 from the previous financial year due to a grant not uplifted in the previous financial year. This will be added on to the summer amount bringing the total available funds to $6,620.40. The total of the recommendations from Sport Northland is $4,340 leaving an available balance of $2,280, which will be added to the Winter round allocation.

%

Board

40% Summer

60% Winter

Total

31.5%

Te Hiku Community

$6,245.40

 $9,368.10

 $15,613.50

28%

Kaikohe-Hokianga Community

$5,551.47

 $8,327.20

 $13,878.67

40.5%

Bay of Islands-Whangaroa Community

$8,029.80

 $12,044.70

 $20,074.50

 

Attachments

1.      Rural Travel Fund Introduction - Lesley Wallace Sport Northland Coordinator - A2715629

2.      Rural Travel Funding Appplication - 408 Community Trust - A2691035

3.      Rural Travel Funding Application - Te Hapua School - A2691027

4.      Rural Travel Funding Application - Te Kura Taumata o Panguru - A2690964  


 

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 report is 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.

The Council promotes a vibrant and thriving economy that encourages a wide range of sporting activities and a safe a healthy district where young people are valued.

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

This is delegated to Community Boards to consider.

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 none that affect Maori any greater than other residents of the District.

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.

Anyone in the district participating in organised sporting activities could be eligible for funding. To try and capture everyone the funding is advertised a month in advance in newspapers, social media and word of mouth

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

Funding is provided by Sport Northland (Kiwisport) and Sport New Zealand (Rural Travel).

Chief Financial Officer review.

The Chief Financial Officer has not reviewed this report.

 

 


Te Hiku Community Board Meeting Agenda

5 November 2019

 

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Te Hiku Community Board Meeting Agenda

5 November 2019

 

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Te Hiku Community Board Meeting Agenda

5 November 2019

 

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Te Hiku Community Board Meeting Agenda

5 November 2019

 

7          Meeting Close