AGENDA COUNCIL ORDINARY MEETING · works at Makana Café outside of school hours. My son works for...

Document number A1911707

COUNCIL CHAMBER MEMORIAL AVENUE

KAIKOHE

THURSDAY 26 OCTOBER 2017

COMMENCING AT 10:00 AM Council Membership His Worship the Mayor John Carter Deputy Mayor Tania McInnes

Councillors

Ann Court Dave Hookway Colin Kitchen Sally Macauley Felicity Foy John Vujcich Mate Radich

AGENDA

COUNCIL

ORDINARY MEETING

NameResponsibility (i.e.

Chairperson etc)Declaration of Interests Nature of Potential Interest

Member's Proposed

Management Plan

Hon John

Carter QSO

Board Member of the

Local Government

Protection

Programme

Carter Family Trust

Board Member of the Local Government Protection

Programme

Felicity FoyNo Interests Declared

Colin KitchenNo Interests Declared

Tania

McInnes No Interests Declared

Mate RadichNo Interests Declared

John VujcichNo Interests Declared

Ann CourtConsumer New

ZealandBoard Member None Apparent Case by case basis

Warren Pattison

LimitedShareholder Building company. FNDC is a regulator and enforcer No FNDC Controls

Kerikeri Irrigation Supplies my waterNo EM intervention in

disputes

Top Energy Supplies my powerNo other interest greater

than the publicsConsumer NZ As disclosed As disclosed As disclosedDistrict Licensing N/A N/A N/A

Top Energy Consumer

TrustTrustee

Crossover in regulatory functions, consenting economic

development and contracts such as street lightning.

Declare interest and abstain

from voting.

Ann Court Trust Private Private N/A

Waipapa Rotary Honorary member Potentially community funding submitterDeclare interest and abstain

from voting.

Register of Interest

COUNCIL

Document number A1926566 Page 1 of 5



Member's Proposed

Management PlanAnn Court

(continued)

71 Onekura Road

75c Waipapa

Owner

Shareholder

Any proposed FNDC Capital works or policy change

which may have a direct impact (positive/adverse)

Declare interest and abstain

from voting.58 Daroux Dr

WaipapaPower of attorney and beneficiary

Flowers(I get flowers

occasionally)Ratepayer 'Thankyou' Bias or pre-determination? Declare to Governance

Coffee and food Ratepayers sometimes 'shout' food and beverage Bias or pre-determination? Case by case

Consider all staff my

friendsN/A Suggestion of not being impartial or pre-determined!

Be professional, due

diligence, weigh the evidence.

Be thorough, thoughtful,

considered impartial and

balanced. Be fair.

My husband is currently building a house for Kelvin

Goode and is quoting Dr Dean Myburgh. My daughter

works at Makana Café outside of school hours. My son

works for Warren Baker.

Warren

Pattinson

Warren Pattison

LimitedDirector Building Company . FNDC is a regulator Remain at arms length

Air New Zealand Dhareholder None NoneWarren Pattison

LimitedBuilder FNDC is the consent authority, regulator and enforcer. Apply arms length rules

Kurbside Rod and

Custom Club

(unlikely)

President NZ Hot Rod AssociationPotential to be linked to a funding applicant and my wife

is on the decision making committee.

Unlikely to materialize but

would absent myself from

any process as would Ann.

75c Onekura Road,

WaipapaOwner

Any proposed FNDC capital work in the vicinity or rural

plan change. Maybe a link to policy development.

Would not submit….

rest on a case by case basis.

Worked with or for

Mike Colebrook and

Kelvin Goode

Paid employment N/A N/A




Member's Proposed

Management PlanSally

MacauleyChairman Northland Northland District Health Board

Matters pertaining to health issues re Fluroide and

freshwater as an example.Declare a percieved conflict.

ChairmanOranga Tamaraki - Ministry of Vulnerable Children-

Northland Community Response ForumMatters pertaining to this ministry Declare a percieved conflict.

Judicial Justice of the

PeaceVisitations to Ngawha Prison Matters pertaining to Judicial Issues re Ngawha Prison Declare a percieved Interest

The Turner Centre FNDC Representative Observer, acknowledging FNDC financial contribution. Note FNDC partnership

Trustee Kaikohe Education TrustProviding students laptops - possible request for written

support to fundersDeclare a conflict of interests

Executive member Kaikohe Business AssociationMatters pertaining to request for written support to

funders.

Chairman Bay of Islands Arts Festival Trust Issues pertaining to the application of support funds Declare a conflict of interests

Trustee Bay of Islands Radio Marine Issues pertaining to the application of support funds Declare a conflict of interets

Secretary/Trustee Kerkeri International Piano Competition Issues pertaining to the application of support funds Declare a conflict of interests

Trustee/Director Kaikohe Community and Youth Trust Possible application of support funding Declare a conflict of interests

Commercial Palmer Macauley Offices- Kerikeri and Kaikohe Infrastructural matters with FNDC Declare a conflict of interests

Private property of

which there would

not be any conflict.Paihia, Kerikeri,

KaikohePeter

Macauley

(Husband)

Senior Partner Palmer Macauley

Peter MacualeyBarristers and Solicitors- Kerikeri, Kaikohe and

MangonuiLegal matters with FNDC

Director/TrusteeSt John NZ Priory

ChapterSt John Priory Chapter Legal matters with FNDC Declare a conflict




Member's Proposed

Management PlanPeter

Macauley

(Husband,

continued)

Senior PartnerPeter Macauley- Palmer Macauley Barristers and

Solicitors Kaikohe, Kerikeri AND MangonuiLegal matters with FNDC Declare a conflict

St John NZ Priory Trust Board Writing of policies and legal matters as an example Note Interests

Lions Club of Kaikohe Director Legal matters etc Note Interests

Kaikohe Rugby Club Patron Legal MattersViking Rugby Club,

WhangareiLife Member Legal Matters

Private Property Kerkeri, Paihia - no

contents.

Employed as "Health

Promotion Advisor-

Alcohol and other

Drugs" for Northern

District Health Board.

A professional understanding of issues relating to

drugs and alcohol.

have made personal and professional submissions on

council policies

consider policies and

proposals as presented in a

fair and balanced manner.

I own my own

property at 188b

Waipapa West Rd,

Waipapa.

Have 3 dogs and 2 cats (and quite a few chickens) Love my pets.

Consider policies and

proposals as presented in a

fair and balanced manner.

Mike

EdmondsNo Interests Declared

Adele

GardnerNo Interests Declared

Terry

Greening Greening Family Trust Beneficiary

Highly unlikely to interface

with FNDC

Duffus Memorial

Trust (Chairman)

Pensioner cottages with council easements over the

landPotential of seeking funds

Step aside from anyrequests

or decisions regarding

requests

Dave

Hookway




Member's Proposed

Management PlanTerry

Greening

(continued)

Bay of Islands Walking

Weekend TrustPotential of seeking funds



requestsRussell 2000 Trust

(Chairman)Trust is about to wind up.

Russell Centennial

Trust (ex-officio

trustee)

Manages Russell Museum Seeks funds from council



requestsResidence at 14 Kaha

Place, RussellNil Nil N/A

Terry

Greening

(Wife)Greening Family Trust Beneficiary N/A N/A

Residence at 14 Kaha

Place, Russell



FAR NORTH DISTRICT COUNCIL ORDINARY COUNCIL MEETING

THURSDAY 26 OCTOBER 2017 COMMENCING AT 10:00 AM IN THE COUNCIL CHAMBER, MEMORIAL AVENUE, KAIKOHE

A G E N D A Item

1.0 PRAYER

2.0 APOLOGIES AND DECLARATIONS OF INTEREST Members need to stand aside from decision-making when a conflict arises between their role as a Member of the Council 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.

3.0 MAYORAL ANNOUNCEMENTS

4.0 CONFIRMATION OF PREVIOUS MINUTES Document number A1911709

5.0 KAIKOHE HOKIANGA COMMUNITY BOARD 5.1 Lease to Northland Polytechnic – Local Purpose (Education

Facilities) Reserve, Rawene Document number A1919478

5.2 Appointing Kaikohe District Sportsville as managers of Lindvart Park Document number A1924730

6.0 BAY OF ISLANDS-WHANGAROA COMMUNITY BOARD

6.1 Recommendation for Road Renaming by the Board (Private Road) Document number A1922812

6.2 Recommendation for Road Renaming by the Board (Public Road) Document number A1924562

7.0 STRATEGY COMMITTEE


7.1 FNDC’s Submission to the Proposed Regional Plan for Northland Document number A1919263

7.2 Appointment to fill the Vacant Position on the District Plan Review Elected Members Reference Group Document number A1924238

8.0 INFRASTRUCTURE AND ASSET MANAGEMENT GROUP

8.1 Resealing of 15 meters at the end of Binnie Street, Paihia Circulated under separate cover

8.2 Local Government Leaders Water Declaration Circulated under separate cover

9.0 CORPORATE SERVICES GROUP 9.1 Appointment of Ward Councillor to Bay of Islands-Whangaroa

Community Board Document number A1922206

9.2 Council Calendar of Meeting 2018 Document number A1913463

9.3 Annual Report for June 2017 Circulated under separate cover

10.0 CHIEF EXECUTIVE OFFICER 10.1 Chief Executive Officer’s Report - Period: 26 August to 30

September 2017 Document number A1921139

11.0 PUBLIC EXCLUSION 11.1 Resolution to exclude the public:

THAT the public be excluded from the meeting pursuant to section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 on the grounds that the public conduct of the proceedings would be likely to result in the disclosure of information for which good reason for withholding exists, while the matters listed below are being dealt with for the reason as set out below; 1.0 Confirmation of Previous Minutes Reason: To enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities.

2.1 Offer to purchase 3 Taumatawiwi Street, Opononi Reason: To enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities.

3.1 Lease Russell Town Hall Shop Reason: To enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities.

4.1 Supplier Recommendation report for the Forestry


resilience Package 2 Reason: To enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities.

4.2 Recommendation report for Kaikohe Headquarters Refurbishment Reason: To enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities.

5.1 Ground lease Purdy Street, Kaikohe Reason: To enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial).

6.1 Water Services Alliance Contract and Tender Reason: To enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial).

13.0 CONFIRMATION OF DECISIONS AND INFORMATION IN OPEN MEETING Recommendation THAT Council confirms that the following information and decisions contained in the part of the meeting held with the public excluded are / are not to be restated in public meeting.

14.0 CLOSE OF MEETING


Item: 4.0

Meeting: Council – 26 October 2017 Name of item: Confirmation of Previous Minutes Author: Kim Hammond – Meetings Administrator

Date of report: 05 October 2017

Document number: A1911709

Purpose of the report The minutes are attached to allow Council to confirm that the minutes are a true and correct record of the previous meeting.

Recommendation That Council confirm the minutes of the Council meeting held 14 September 2017 as a true and correct record.

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

2) Discussion and options The minutes of the meetings are attached.

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

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

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

Manager: Manager: Kate Barnes - Team Leader Governance Support

Attachment 1: Council Minutes – 14 September 2017 - Document number A1911321


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.

Not applicable.

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.

None.

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.

Yes.

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

There are no financial implications or the need for budgetary provision arising from this report.

Chief Financial Officer review. The Chief Financial Officer has not reviewed this report.

http://intranet.fndc.govt.nz/your-council/councils-policies


UNCONFIRMED


MINUTES OF THE MEETING OF THE FAR NORTH DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBER, MEMORIAL AVENUE, KAIKOHE ON 14 SEPTEMBER 2017 COMMENCING AT 10:02 AM

PRESENT

His Worship the Mayor John Carter Chairperson Deputy Mayor Tania McInnes Councillors Ann Court Felicity Foy Dave Hookway Colin Kitchen Sally Macauley Willow-Jean Prime Mate Radich John Vujcich

IN ATTENDANCE

Mike Edmonds Chairperson Kaikohe-Hokianga Community Board Terry Greening Chairperson Bay of Islands-Whangaroa Community Board Adele Gardner Chairperson Te Hiku Community Board Shaun Reilly Member of the Kaikohe-Hokianga Community Board

STAFF PRESENT

Kathryn Ross General Manager - Infrastructure and Asset Management Group (Acting) and also representing Chief Executive

Samantha Edmonds General Manager - Corporate Services Group Dr Dean Myburgh General Manager - District Services Group Bill Lee General Manager - Strategic Planning and Policy Group (Acting) Richard Edmondson Manager - Communications Jill Coyle Manager - People and Capability Vicki Begbie Manager - Business Development (from 10.39 am) Greg Wilson Manager - District Planning, Strategic Planning and Policy Andrew McPhee Senior Policy Planner - Strategic Planning and Policy Janice Smith Chief Financial Officer - Corporate Services Kate Barnes Team Leader Governance Support Kim Hammond Meetings Administrator Rhonda-May Whiu Elected Members Administrator

1.0 PRAYER His Worship the Mayor commenced the meeting with a prayer.

2.0 APOLOGIES AND DECLARATIONS OF INTEREST

Reason for the resolution

The Committee may grant leave of absence to a member from a meeting upon application by the member. If a member has not obtained a leave of absence an apology may be tendered on behalf of the member and the apology may be accepted or declined by the Council (Committee/Community Board). Acceptance of the apology shall be deemed to be granting of a leave of absence for that meeting.

Resolved His Worship the Mayor/Deputy Mayor McInnes

THAT an apology for absence be noted from the Chief Executive Shaun Clarke. Carried

Member Foy declared an interest in Item 7.2 - Final Consideration of Proposed Far North District Plan Change 20 - Traffic, Parking and Access.

UNCONFIRMED Council Meeting 14 September 2017


Member Foy declared an interest in Item 7.3 - Report Pursuant to Clause 25 of the First Schedule of the Resource Management Act 1991 on a Request for a Private Plan Change by Inlet Estate Limited (Ppc22).

Member Foy declared an interest in Item 8.1 - Resource Management Act Delegations.

3.0 MAYORAL ANNOUNCEMENTS Various announcements on the below topics are to be emailed to the Councillors by His Worship the Mayor regarding

• Binnie Street • Motuti Road • Kerikeri Men’s Shed • Ahipara Beach Patrol • Swimming Pools • Mangonui Board walk • Public Toilet Strategy • LAPP Board

Note: The meeting discussed the Mayor’s proposal that a report on Binnie Street be provided to the Bay of islands-Whangaroa Community Board consideration and determined it should go to the Operations Committee instead of the Community Board.

4.0 CONFIRMATION OF PREVIOUS MINUTES Agenda item 4.0, document number A1905209, pages 1-14 refers.


To confirm the minutes of the previous Council meeting as a true and correct record.

Resolved Macauley/Kitchen

THAT subject to corrections the minutes of the meeting of the Far North District Council held 10 August 2017 be confirmed as a true and correct record. Correction:

Item 4.1 Omanaia-Rawene Water Scheme

AND THAT a project be initiated to investigate and address drought resilience and that Hapu and Community Board and communities be involved in the process.

Carried

Note: Councillor Court and Councillor Foy to work with staff to clarify the resolution made on Item 11.1 - Kaka Street, Ahipara - Drainage Evaluation, with the intention to rescind and replace this resolution at the Council’s October meeting. GM IAM (Acting) confirmed that the minutes were correct and the motion that Councillor Vujcich thought had been passed was lost (this was subsequently checked and found to be accurate).

5.0 BAY OF ISLAND-WHANGAROA COMMUNITY BOARD 5.1. Lease of Part Kororipo-Kerikeri Basin Reserve Pear Tree Restaurant Agenda item 5.1, document number A1905232, pages 15-22 refers.


A new lease would enable Council to negotiate terms and conditions that are compliant with the Reserves Act 1977 and improvements to the remaining reserve land would further enhance the visitor experience of the Kororipo Kerikeri Basin Reserve.

A lease of 15 years would enable the operators of the restaurant to plan for the long term and invest in the business accordingly.



Resolved Deputy Mayor McInnes/Macauley

THAT the Far North District Council recommends that the public consultation process is commenced, for a new lease of approximately 2054m2 of the land contained in CFR NA836/15 being the restaurant building and the immediate surrounding land. The proposed lease is to the existing tenant, Pear Tree Kerikeri Limited, and the terms proposed are; Term: 5 years Rent: Commercial rate to be determined by valuation Right of Renewal: Two further terms of 5 years if no alternative need identified AND THAT the Bay of Islands-Whangaroa Community Board is appointed to hear any submissions and or objections received in response to the public process, and then to make a recommendation to Council in respect of the proposal.

Carried

Note: Consider the provision of car parking as part of the resource consent and to be included in the report provided to the Bay of Islands-Whangaroa Community Board at a later date (as part of deliberations).

6.0 STRATEGY COMMITTEE 6.1. Amendments to the Control of the Use of Public Places Bylaw and the

Parking and Traffic Bylaw Agenda item 6.1, document number A1905269, pages 23-56 refers.


To bring the Bylaws in line with current legislation.

Resolved Vujcich/His Worship the Mayor

THAT clause 3216.5(b) of the Control of the Use of Public Places Bylaw is hereby revoked. THAT clauses 2005.1 and 2005.2 of the Traffic & Parking Control Bylaw 2010 are hereby revoked. Carried

7.0 STRATEGIC PLANNING AND POLICY GROUP 7.1. Remuneration Authority Local Government Review Agenda item 7.1, document number A1905241, pages 57-78 refers.


Ensure the Far North District Council’s feedback is able to be considered by the Remuneration Authority in assessing their longer term remuneration proposals.

Resolved Deputy Mayor McInnes/ His Worship the Mayor

THAT Council delegates the authority to the Chief Executive to sign the response to the Remuneration Authority regarding the longer term proposals as feedback on behalf of the Far North District Council. Carried

7.2. Final Consideration of Proposed Far North District Plan Change 20 - Traffic, Parking and Access

Agenda item 7.2, document number A1900843, pages 79-82 refers.




Approval under Clause 17 of the Act means that PPC20 will be formally incorporated into the Plan.

Under Section 86F of the Act the rules in proposed plan changes are automatically considered operative, unless an appeal is received or appeals are resolved. This item seeks to formally acknowledge PPC20 operative status and to advise the public.

Resolved Prime/Deputy Mayor McInnes

THAT Council approves Plan Change 20 - Traffic, Parking and Access pursuant to Clause 17 of Schedule 1 of the Resource Management Act 1991; AND THAT Council, pursuant to Clause 20 of Schedule 1 of the Resource Management Act 1991, Plan Change 20 - Traffic, Parking and Access be publicly notified as being operative on 13 October 2017. Carried

7.3. Report Pursuant to Clause 25 of the First Schedule of the Resource Management Act 1991 on a Request for a Private Plan Change by Inlet Estate Limited (Ppc22)



To inform Council of the options available to progress PPC22 and make a decision on how to do so in accordance with Clause 25 of the First Schedule of the RMA.

Resolved His Worship the Mayor/Macauley

1. THAT Council accept, in whole, PPC22 in accordance with clause 25(2)(b) of Schedule 1 of the Resource Management Act 1991:

a) The plan change request that was lodged by Inlet Estate Limited on 11 April 2017 then amended and replaced on 4 August 2017 in response to further information requested; and

b) Subject to any further relevant information received prior to the notification of PPC22

2. THAT this request be publicly notified as a private plan change.

Carried Councillor Hookway abstained from voting

7.4. Resource Management Act Delegations Agenda item 8.1, document number A1901339, pages 105-126 refers.


In respect to the RMA delegations, the recommendation before Council is to update positions so that Council staff, in accordance with their current job titles, have appropriate delegated authority to implement the provisions of the Resource Management Act 1991, incorporating all amendments to date. The attached "Resource Management Act Delegations Schedule 2017" alters the 2016 delegations to reflect these changes.

Resolved Vujcich/His Worship the Mayor

THAT Council approve the delegations set out in the Resource Management Act Delegations Schedule 2017 (document number A1903868.) with effect from 16 October 2017. Carried



The meeting was adjourned at 10.58 am and resumed at 10.59 am.

8.0 CORPORATE SERVICES GROUP 8.1. Turner Centre Trust Presentation - Strategic Vision Agenda item 9.2, document number A1903944 and A1917948, pages 143-146 refers.


The presentation made by the Trust is being made to enable Council and the Community to have transparency to the strategic vision, future plans of the Trust and the building works that need to be completed to bring the Centre up to building standard regulations.

Resolved Kitchen/McInnes

THAT the presentation made by the Turner Centre Trust to Council on 14 September 2017 be received. Carried

8.2. Kerikeri Local Purpose (Plantation) Reserve - Revocation of Reserve Status from Panhandle



The new resolution is required to satisfy the Department of Conservation’s request for a resolution incorporating details of the action taken in respect of an objection lodged by Jane Dawson.

Resolved Deputy Mayor McInnes/Hookway

THAT pursuant to Standing Order no. 23.6, Council amends the resolution passed at the Council meeting dated 11 May 2017 on the subject of the revocation of a portion of local purpose (plantation) reserve at Kerikeri, by refining the wording and adding a reference to the disallowing of the objection lodged by Jane Dawson, so that the full resolution reads as follows: “That pursuant to section 24 of the Reserves Act 1977 and subject to the consent of the Minister of Conservation, the Far North District Council in its role as administering body of the reserve, hereby revokes the reservation over the “panhandle” portion of the local purpose (plantation) reserve described in the schedule hereto, and declares that the said land may be disposed of to the Kerikeri Village Trust (KKVT) on such terms and conditions as the Council shall determine, for the reason that the Trust wishes to utilise the panhandle land whereas it is neither used nor required for access to the main body of the reserve; And that Council notifies the Minister that it has considered the objection (incorporating a land swap proposal) presented by Jane Dawson and has disallowed the objection on the grounds that the panhandle is not used or required for access to the main body of the plantation reserve as the current access from Hawkings Crescent provides sufficient connectivity between Kerikeri Road and the reserve. Schedule North Auckland Land Registration District Local Purpose (Plantation) Reserve Lot 4 DP 79582 NA35D/880”

Carried



8.3. Resident Opinion Survey 2016/2017 Agenda item 9.3, document number A1897883, pages 147-184 refers.


This report is for information only.

Resolved His Worship the Mayor/Vujcich

THAT Council receives the report entitled “Resident Opinion Survey 2016/2017” dated 24 August 2017. Carried Note: As part of discussions an update was given on the progress of the Roading Maintenance (including operations and renewals) Contracts and next steps. The Chief Executive Officer has signed off the Procurement Strategy in line with the Council's previous resolution. The Registration of Interest (ROI) will now be placed in the market place via TenderLink. It is a pass fail ROI based on the strategy. Due to timeframes and the parameters of the ROI having been already set by the Procurement Strategy and the resolutions of Northland's councils the ROI will not come to Council. The elected members sought assurance and it was confirmed that the ROI includes the requirement to provide 30% of the delivered work for small to medium enterprises. It was also confirmed that the Council will receive a presentation on the proposed contract documentation including levels of service for discussion on 26 October and the Request for Tender (RFT) will follow Council's procurement framework and policies. 8.4. Review of Capital Expenditure Agenda item 9.4, document number A1903448, pages 185-204 refers.


This report is for information only

Resolved Macauley/Vujcich

THAT Council receives the report ‘Review of Capital Expenditure 2016/17’, dated 24 August 2017. Carried

8.5. Elected Member Training and Conference Attendance Report Agenda item 9.5, document number A1907279, pages 205-211 refers.


To provide information to the Council on the consequential travel expenses, feedback on what elected members have learned and the value to the organisation from attendance at the conference that is the subject of this report. The aim is to provide transparency and confidence to the public that ratepayer funds are being used effectively.

Resolved Vujcich/Deputy Mayor McInnes

THAT the report attached entitled “Report to Council from Ann Court regarding the Road Controlling Authorities Forum, dated 2 August 2017 be noted. Carried

9.0 INFRASTRUCTURE AND ASSET MANAGEMENT GROUP 9.1. Options Report for Maintenance of Te Raupo Road Agenda item 10.1, document number A1905068, pages 213-227 refers.




To carry out further work to find a mutually agreeable resolution to the issues raised in the report.

Moved His Worship the Mayor/Vujcich

THAT Council agrees to upgrade (to a standard acceptable to Council) and maintain Te Raupo Road, subject to:

• Council securing agreement with the Te Raupo Trust for access over their land from where the public road finishes to the joining point of the Cycle corridor

• all 6 property owners on Te Raupo Road (Lot Allot 173, Lot Sec4, BLK XII Kawakawa Survey District, Lot Pt Raupo (ML 271), Lot Allot 271 Parish of Kawakawa (SO 40261), Lot Allot 192, Parish of Kawakawa (SO 5488) and Lot 2, DP 62916) agreeing to a 1/7th share of the costs of upgrading the bridge (Bridge T49) and the road to a standard acceptable to Council;

THAT subject to land owner agreements being concluded, Council approves in principle unbudgeted expenditure and delegates the decision to proceed to the CEO on the provision that the CEO explores alternative funding from Government grants and subsidies before approving the unbudgeted expenditure;

AND THAT Council notes this is an inconsistent decision with Policy # 4103 (which is currently under review) requests staff to consider whether the policy needs to change in light of this decision.

Amended His Worship the Mayor/Vujcich

THAT Council agrees to option six, to explore a combination of offered options with residents to find a mutual way forward.

Carried

The amendment became the substantive motion.

Resolved His Worship the Mayor/Vujcich

THAT Council agrees to option six, to explore a combination of offered options with residents to find a mutual way forward. Carried

10.0 CHIEF EXECUTIVE OFFICER (ACTING) 10.1. Chief Executive Officer’s Report - Period: 22 July / 25 August 2017 Agenda item 11.1, document number A1902423, pages 229-251 refers. The meeting requested the minutes note a correction: Page 241 of the agenda, bullet point two: Jo Brosnahan has been engaged by the Governance Committee to establish performance criteria for the Governance arm of Council. A workshop is planned for 6 September 2017 with all Councillors. Note: Request that the brief summary on financials to be added back into the Chief Executives Officer’s Report

Reason for the resolution:

To note the Chief Executive Officer’s Report - Period: July/August 2017, which has been presented for Council’s consideration.

Resolved Vujcich/Foy

THAT the report entitled “Chief Executive Officer’s Report - Period: 22 July / 25 August 2017” dated 25 August 2017 be noted. Carried



The meeting was adjourned at 12.31 pm and resumed at 1.08 pm.

11.0 PUBLIC EXCLUSION Agenda item 12.0 refers.

11.1. Resolution to Exclude the Public

Resolved His Worship the Mayor/Deputy Mayor McInnes

THAT the public be excluded from the meeting pursuant to Sections 48(1)(a) of the Local Government Official Information and Meetings Act 1987 on the grounds that the public conduct of the proceedings would be likely to result in the disclosure of information for which good reason for withholding exists, while the matters listed below are being dealt with for the reasons as set out: 1.0 Confirmation of Public Excluded minutes - Council Meeting 10 August 2017 Reason: To enable the local authority holding the information to carry out, without prejudice or disadvantage, commercial activities; 2.0 Mayoral Announcements Reason: To protect the privacy of natural persons, including that of deceased natural persons and to enable the local authority holding the information to carry on negotiations without prejudice or disadvantage, negotiations (including commercial and industrial); AND THAT Adele Gardner, Chairperson of the Te Hiku Community Board, Terry Greening, Chairperson of the Bay of Islands-Whangaroa Community Board and Mike Edmonds, Chairperson of the Kaikohe-Hokianga Community Board be permitted to remain at this meeting after the public has been excluded, because of their knowledge of local wards. This knowledge, which will be of assistance in relation to the matter to be discussed, is relevant to that matter because they advocate for and represent local community views. Carried

At the conclusion of the business of the meeting held with the public excluded the business of Council resumed in open meeting.

11.2. Confirmation of Resolutions in Open Meeting

Reason for resolution

The Council has considered matters with the public excluded and has determined that it is not appropriate for the matters and decisions to be restated in public.

Resolved Vujcich/Foy

THAT Council confirms that the information contained in the part of the meeting held with the public excluded is not to be restated in public meeting. AND THAT Council confirms that the decisions contained in the part of the meting held with the public excluded are not to be restated in public meeting. Carried

12.0 CLOSE OF MEETING The meeting closed at 1.18 pm



Chairperson

____/____/____

Document number A1919478 . Page 1 of 3

Item: 5.1

Meeting: Council – 26 October 2017 Name of item: Lease to Northland Polytechnic – Local

Purpose (Education Facilities) Reserve, Rawene

Author: Kaye Lethbridge, Property Legalisation Officer

Date of report: 10 August 2017


Purpose of the report The purpose of this report is to inform the Council that the lease between Far North District Council and Northland Polytechnic for the Rawene Campus has expired and a new lease is required

Executive summary • This new lease would be consistent with the reserve purpose therefore public

consultation is not required. • The reserve is classified as the local purpose (educational facilities) reserve

being sections 154 - 156 and 159 - 166 Town of Rawene.

This report was presented to the Kaikohe-Hokianga Community Board meeting on 04 October 2017. The Kaikohe-Hokianga Community Board makes the following recommendation to Council

Recommendation That Council pursuant to the Reserves Act 1977 the Far North District Council consents to a new lease of the local purpose (educational facilities) reserve (Sections 154 - 156 and 159 - 166 Town of Rawene Block XIV Mangamuka Survey District) to Northland Polytechnic subject to the following conditions: a). Rental - $100 plus GST b). Term of lease - 10 years c). Right of Renewal - 10 years d). Rent Review - On renewal

1) Background The lease between Northland Polytechnic and Council expired 31 July 2016 and Northland Polytechnic has requested a new lease. The campus at Rawene occupies the local purpose reserve at the intersection of Nimmo Street, Clendon Esplanade and Parnell Street, Rawene, sections 154 - 156 and 159 - 166 Town of Rawene Block XIV Mangamuka Survey District. The term of the previous lease was five years with two renewal terms of five years each i.e. 5 plus 5 plus 5. It is proposed that the term of the new lease shall be for 10 years with a 10 year right of renewal, as this is consistent with Council’s current leasing trend.


This local purpose reserve originally part of the Rawene Domain (recreation reserve) was in January 1981 reclassified as a local purpose (site for nursery) reserve and in August 1998 the reserve purpose was again changed and reclassified to reflect the current use as local purpose (educational facilities) reserve. This reserve is vested in Council and in accordance with Section 61 Reserves Act 1977 - Powers (including leasing) in respect of local purpose reserve, neither public consultation nor the Minister’s consent is required.

2) Discussion and options Option 1: The Board recommend that Council grant the proposed lease for a term of 10 years with a right of renewal for another 10 years and that the rent is reviewed on renewal.

Option 2: The Board may decide to continue with the 5 year term and two further renewals of 5 year each.

Reason for the recommendation The lease complies with the reserve classification purpose.

3) Financial implications and budgetary provision There would be no budgetary or financial implications associated with this lease as Northland Polytechnic would be responsible for the reserve maintenance.

Manager: Kathryn Ross - Acting General Manager Infrastructure and Asset Management

Attachment 1: Plan of lease area - Document number A1919479











No.


Policy 5007 Reserves and Parks Management; the RA77 provides for the classification of reserves relative to their purpose and a reserve should be used for that purpose. This lease fits with the purpose of the reserve.


This report is to the community board.


There are no new implications.


The use is not changing. Consultation is not required as the reserve purpose is consistent with use.


Northland Polytechnic will continue to be required to pay service charges e.g. metered water supply.

Chief Financial Officer review. The Chief Financial Officer has reviewed this report



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Item: 5.2

Meeting: Council - 26 October 2017 Name of item: Appointing Kaikohe District Sportsville as

managers of Lindvart Park Author: Carine Andries - Planner - Reserves

Date of report: 15 September 2017


Purpose of the report To appoint Kaikohe District Sportsville Inc as manager of the day-to-day operations of Lindvart Park.

Executive summary The Lindvart Park Management Committee was disestablished at the last local elections. As a result, there is no legal management entity in charge of the Lindvart Park facilities and operations.

FNDC has previously signed a Memorandum of Agreement with Kaikohe and Districts Sportsville in which it was agreed that Sportsville would lead any review of the future needs of Lindvart Park, initiate operational changes for the management of the facility, and present a single unified body, representing all the codes, with which FNDC could engage around future planning.

Although the Memorandum of Agreement expired in May of this year, both FNDC and Sportsville are at a point where the organisations can move forward with implementing the change in management, subject to a suitable management agreement. Further, a staff memo from the Manager Infrastructure and Planning was sent to elected members supporting Sportsville as manager of Lindvart Park.

The report suggests that the Community Board make a recommendation to Council to transfer the management of Lindvart Park to Kaikohe and Districts Sportsville.

This report was presented to the Kaikohe Hokianga Community meeting on 04 October 2017. The Kaikohe Hokianga Community Board lost the staff recommendation and no alternative recommendation was made to Council.

Recommendation That the Council approves Kaikohe and Districts Sportsville Inc is appointed as the management entity of Lindvart Park, with responsibility for the day-to-day operations of the park. That Council approves a suitable management agreement is prepared between Far North District Council and Kaikohe and Districts Sportsville Inc formalising the management arrangement.

1) Background In May of this year, FNDC staff prepared a memo for elected members (Attachment 1) updating them on the history and current situation around the management of Lindvart Park. Historically, Lindvart Park has been managed by the Lindvart Park


Management Committee (LPMC) which was a Council appointed committee. FNDC’s current Reserves Policy lists LPMC as a committee appointed by Council. However, the establishment of Council committees is regulated by the Local Government Act (LGA), and Schedule 7 clause 30(7) of the LGA would have disestablished the LPMC at the last local elections, regardless of what is stated in Council’s policy. Therefore, there is currently no entity appointed to manage Lindvart Park, even though LPMC still carries out the management role. In recent years, as a result of the 2008 Western Ward Recreation Plan, FNDC worked with a steering group to set up an entity that would be tasked with improving the capacity of sports clubs and advance initiatives that address the retention of school leavers in sport and recreation within the Western Ward. After a number of years of collaborating together, Kaikohe and Districts Sportsville (Sportsville) was established. Sportsville is intended to provide leadership and governance around the management of Lindvart Park, including future investments necessary to realise the full potential of that facility. FNDC entered into a Memorandum of Agreement (MOA) (Attachment 2) with Sportsville in 2014. This MOA provided for Sportsville to:

a) lead the review of the future needs of Lindvart Park. b) initiate the operational changes for the management of the facility. c) provide a single unified entity representing all the codes for council to engage

with in respect of the long term financial planning for sporting facilities.

The MOA expired in June 2017. For various reasons, including capacity, the outcomes have not yet been achieved. However, capacity issues have recently been improved on both sides, and it is now possible to move forward.

The purpose of this report is to implement the steps outlined in the May 2017 staff memo, with a particular focus on appointing Sportsville as manager of Lindvart Park.

2) Discussion and options 2.1) Management appointment Appointing Sportsville as the management entity for Lindvart Park was signalled in the May 2017 staff memo. It is also in accordance with a statement made in the MOA (page 4): “Management of Lindvart Park and associated facilities may transfer to Kaikohe & Districts Sportsville in the future.” Internal legal advice confirms that such an arrangement can be implemented.

However, because Sportsville is an incorporated society, and therefore its own legal entity, it cannot be appointed as a committee of Council. The most appropriate way to facilitate this management arrangement is by way of a suitable management agreement between FNDC and Sportsville. This arrangement will be similar to what FNDC is implementing in Kaitaia with the Te Ahu Charitable Trust.

The management of the park will continue to be funded through the sports codes’ membership fees (to be paid to Sportsville) and through FNDC funding, as has been the process historically. FNDC funds will be granted on an annual basis to Sportsville upon the receipt of an invoice and upon submission of the Lindvart Park’s annual accounts. However, the amount of funding will be adjusted to take into account that maintenance and security issues have been taken over by Council.


2.2) Council delegations The Community Board’s delegations include: “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.” Lindvart Park is listed as a Kaikohe-Hokianga Community Board civic amenity.

It is not clear whether this delegation includes the ability for the Board to approve the proposed handover of management responsibilities to KDS. Therefore, it is suggested that the Board make a recommendation to Council, with Council making the final decision.

2.3) Recommendations: That the Kaikohe-Hokianga Community Board recommend to Council that Kaikohe and Districts Sportsville Inc is appointed as the management entity of Lindvart Park, having responsibility for the day-to-day operations of the park, and that a suitable management agreement is prepared between FNDC and Kaikohe and Districts Sportsville Inc. to formalise the management arrangement.

Reason for the recommendation a) Lindvart Park currently operates without a legally established management

entity. b) The recommendation implements the steps outlined previously to elected

members in a staff memo dated May 2017. c) Appointing Sportsville is in accordance with statements made in the MOA

between FNDC and Sportsville. d) Sportsville has recently taken steps to increase its capacity and have provided a

proposal demonstrating their commitment and ability to take on the management of the park.

3) Financial implications and budgetary provision This recommendation does not result in any financial implications for Council. The funding to be provided to Sportsville is likely to be decreased as a result of Council taking over the maintenance and the security of the facility.

Manager: Kathryn Ross - Acting General Manager - Infrastructure & Asset Management

Attachment 1: Staff memo to elected members - Document number A1924731

Attachment 2: Memorandum of Agreement between FNDC and Sportsville - Document number A1924732











Lindvart Park forms part of FNDC’s Open Space network and is therefore considered to be a strategic asset. The recommendations, however, are a natural progression of earlier decisions and will not have any significant financial implications. Any effects on affiliated members are also considered to be minor.

Therefore, this report has a low degree of significance.


Local Government Act 2002 (Schedule 7 clause 30(7)) – disestablished the Lindvart Park Management Committee at the last local elections.

Reserves Act 1977 (Sections 40 and 53) is relevant in appointing Kaikohe and Districts Sportsville Inc.


This report is for a Community Board recommendation.

Lindvart Park is envisaged to become a facility of District wide significance.


The recommendation has no implications specifically for Māori.

Identify persons likely to be affected by or have an interest in the matter, and how

The recommendations will have minor implications for the various sports codes




you have given consideration to their views or preferences.

using the reserve and facilities as there may be some changes to the way things operate. The majority of sports codes are affiliated to Kaikohe Districts Sportsvill Inc. and there are not considered to be any major issues with the management change.

The members of the Lindvart Park Management Committee were advised earlier in the year of the upcoming changes, and are therefore aware of the situation.


The recommendations will not result in any financial implications.


Document # A1861983

To: Elected Members Department: Governance

From: Ruben Wylie Department: Infrastructure and Asset Management

Date: 5 May 2017

Subject: Lindvart Park Management Update

1) Introduction

Lindvart Memorial Park (Lindvart Park) is located on the southern side of Kaikohe. The bulk of the reserve land comprising Lindvart Park was purchased in the 1930s. Since its purchase, the site has been gradually developed to eventually become one of the key sporting assets within the district. The grounds comprising Lindvart Park service a wide variety of sporting codes including Rugby Union, Rugby League, hockey, table tennis, football, netball, tennis, softball and touch. A map depicting the various sports assets and other key aspects of the reserve is attached as Appendix 1.

Lindvart Park is a significant community asset and with good strategic planning has the potential to greatly enhance people’s access to sports within the district. The facility also presents an opportunity for reconnecting people with Kaikohe itself. FNDC staff are presently undertaking a review of the Reserve Management Plan for the reserve land comprising Lindvart Park. In addition, the management and governance of the sports facilities located at Lindvart Park is in a state of transition. Both the review of the Reserve Management Plan and the changes to the governance structure are opportunities that could play a significant role in enabling Lindvart Park to reach its full potential as a sports hub of district or regional significance.

The purpose of this report is to provide elected members with an overview of the current situation with Lindvart Park; and to clearly set out the roles of governance, staff and also stakeholders in respect of the delivery of the current work programme for that facility.

2) Background

2.1) Lindvart Park Management Committee

The Lindvart Park Management Committee (LPMC) is a community elected committee which manages the pavilion and reserve operation on behalf of the Kaikohe-Hokianga Community Board. In addition to managing the booking of sports facilities and the management of subscription fees, LPMC is also responsible for all operational expenditure including water, pan charges, power, telephone, cleaning and minor maintenance and repairs of the assets on the site. The services LPMC provide are essential for the day to day operation of Lindvart Park.


Document # A1861983 Page 2

FNDC currently contributes an annual grant towards the services provided by LPMC. Over the last four years, this grant has comprised a total amount of $10,400 per annum. Council receives, on an annual basis, a copy of the accounts which include the items of expenditure and income for the LPMC. These accounts indicate that the grant LPMC received from Council was not sufficient to cover the expenses incurred for the electricity, cleaning, and repair and maintenance. The additional expenses are typically covered by subscription fees.

It is relevant to note that the arrangement between LPMC is not unique, and a number of council owned sports facilities are operated and maintained on by Council appointed committee. According to the current Reserves Policy the following reserves or domains as being managed by to committees similar to LPMC: Simson Park, Maromaku Domain, Russell Sports Ground, Kawakawa Domain and Kaeo Domain.

Status of LPMC Under the provisions of the Local Government Act 2002 (LGA), a Council can establish various committees and sub-committees. In face value, and taking into account the Council’s Reserves Policy, it is reasonably clear that LPMC, in addition to the other committees referred to in the policy, were originally formally set up as sub-committees of Council. However, even if LPMC had been formally set up as a sub-committee of Council, it would have been disestablished following the most recent elections. Specifically, Schedule 7 clause 30(7) of the LGA reads as follows:

“A committee, subcommittee, or other subordinate decision-making body is, unless the local authority resolves otherwise, deemed to be discharged on the coming into office of the members of the local authority elected or appointed at, or following, the triennial general election of members next after the appointment of the committee, subcommittee, or other subordinate decision-making body.”

For the LPMC to have remained a sub-committee of Council, a resolution was required following the last election re-appointing the Committee. No such resolution was made. Without such a resolution, the default is for the Committee to have been disestablished. It should be noted that, despite the status of LPMC, the Committee continues to provide a vital service for the operation of Lindvart Park.

As an aside, staff will be reporting to the respective community boards and Council to rationalise the lapsing of the delegations for the other committees identified in the Reserves Policy.

2.2) Sportsville

In 2009 a steering group was formed by FNDC to progress sports facility development and improvements at Lindvart Park. The impetus behind the formation of the group was the 2008 Western Ward Recreation Plan, which identified the need to invest in the development of a sports hub at Lindvart Park.

In 2010, as a result of the work undertaken by the steering group, an application was made to the Active Communities Investment Fund. The funding application was granted and enabled significant time and effort was invested into develop a ‘Sportsville” entity aimed at improving the capacity of sports clubs and advance initiatives that address the retention of school leavers in sport and recreation.

In 2011 the Lindvart Working Party was set up and comprised the major codes operating at the time. These included hockey, netball, rugby, touch, rugby league and basketball. With support from the Active Communities Investment Fund, the codes worked together, with FNDC facilitating, to eventually set up Kaikohe and Districts Sportsville (Sportsville) entity. Broadly, the purpose of Sportsville is to improve participation in sports by representing a single unified entity that speaks for the interests of all sporting codes. In addition, Sportsville is intended to provide leadership and governance around the management of Lindvart Park, including future investments necessary to realise the full potential of that facility.


http://www.fndc.govt.nz/your-council/councils-policies/Reserves-Policy.pdf


In 2014, FNDC entered into a Memorandum of Agreement (MOA) with Sportsville. In summary the MOA sets out that Sportsville will lead the review of the future needs of Lindvart Park, initiate the operational changes for the management of the facility and provide a single unified entity representing all the codes for council to engage with in respect of the long term financial planning for sporting facilities.

The aspirations set down by the MOA were appropriate at the time and it was realistic to expect that they would be achieved over the term of the MOA (it expires on 30 June 2017). However, achieving the outcomes set down in the MOA has been frustrated over the last three years and a major contributing factor can be linked to a limited capacity to engage by both parties. That said, at present both FNDC and Sportsville have substantially enhanced their capabilities to move forward together. The Sportsville board comprises highly capable and professional members with a shared vision to advance Lindvart Park to its full potential. FNDC has also improved its capacity to support Sportsville to deliver its vision.

2.3) Reserve Management Plan

The Reserves Act 1977 requires that Council owned reserves, unless they are classified as a local purpose reserve, must have a reserve management plan; and that such plans are reviewed every 5 years. Lindvart Park has a reserve management plan that has not been reviewed for at least 20 years. The current (but dated) reserve management plan led staff to conclude that a thorough review of the management plan is required. Section 41 of the Reserves Act 1977 sets out the process by which a reserve management plan is to be reviewed. First, notification must be given of the intent to review the plan and suggestions called for. Second, full notification of the draft plan is required, at which point the public can make further submissions on the plan.

At its meeting on 15 December 2016, Council resolved to fully notify its intent to review the Reserve Management Plan. Public notification was made in March 2017. Following notification, an on-line survey was made available between 21 March and 27 April 2017. A total of 73 individual surveys were completed and three submissions were lodged over the survey period. Whilst the on-line survey has now closed, staff are presently engaged in targeted surveys with the youth population of Kaikohe to ensure their views are captured before the drafting of the Plan commences.

Once the new reserve management plan has been drafted, full public notification of the draft is required under the Reserves Act 1991 carried out. That process will allow for objections or suggestions to be received on the plan itself. Depending on the feedback obtained, a hearing may be held before finalising the management plan and obtaining final Council approval. It is expected the plan will be completed by the end of 2017.

The Reserves Act 1991 sets out that a Resource Management Plan provide for and ensure the use, enjoyment, maintenance, protection, preservation, and the development of a reserve. Whilst the plan is not a statuary document per se, the Plan process creates a significant opportunity to consolidate the future direction of Lindvart Park; and the roles and responsibilities for leading and shaping that direction. In that regard, staff will be working alongside Sportsville to ensure the direction of the plan is aligned with the Sportsville’s vision and the goals of the sporting codes that benefit from the facility. The Plan also provides an opportunity to align the development of Lindvart Park with other strategic initiatives; particularly the current review of Council’s walking and cycling strategy and the 2014 Northland Sports Facilities Plan.

2.4) Recent Investment and future budgets

In 2010, around $1M was invested in an astro-turf at Lindvart Park. Later, in 2014, competition grade lighting was installed in partnership with Top Energy. In 2015 around $700,000 was spent upgrading the netball courts at Lindvart Park to national competition standards. These upgrades alone substantially increased the relevance of Lindvart Park as a district sports hub.



Additional expenditure is provided in the 2015-25 Long Term Plan. A budget of approximately $1.2M of renewals funding from depreciation has been identified for the pavilion. A further approx. $800,000 has been set aside for additional capital projects at Lindvart Park. Initial plans for this work have already been developed in conjunction with Sportsville and the bulk of this spending was initially set for the 16-17 financial year. However, the majority of the budget will need to be carried forward to the 18-19 financial year. This will enable sufficient time to progress with the Reserve Management Plan, finalise the upgrade plans and undertake the procurement process. 2.5) Kaikohe Sport and Recreation Facilities Plan 2015

Kaikohe Sport and Recreation Facilities Plan was completed in 2015 and provides a current inventory of Kaikohe’s sports and recreation facilities. The plan identifies that there is substantial spare capacity in a number of the facilities as Lindvart Park, including the Hockey turf, netball courts and playing fields. The plan identifies that better use of these assets could be gained by making them multi-use assets; and that further investment in Lindvark Park, particularly the pavilion, is required to enable increased diversity on the use of the current facilities. 3) Roles and Responsibilities

Generally speaking, there are three interrelated projects that need to be completed in order to set the development and management of Lindvart Park on the right track: sorting out the management structure; completing the reserve management plan and finalising the plan for the pavilion renewals and additional capital spending set out in the current LTP. All this needs to be completed whilst maintaining the operation of Lindvart Park to the high standard provided by LPMC. For the above tasks to be completed successfully, it is vitally important that they are completed objectively and professionally. The purpose of this section is to define the role and elected bodies and key stakeholders to ensure staff and Sportsville are afforded the time and trust to enable the best possible outcome. 3.1) Kaikohe-Hokianga Community Board

Lindvart Park is set out as a civic amenity for which the Kaikohe-Hokianga Community Board has delectations from Council to make decision over. Those decisions are limited to the matters set out in the Part 1 of Council’s Delegations Register. Amongst other things, the Kaikohe-Hokianga Community Board has delegations to consider the Reserve Management Plan for recommending to Council, appoint a management committee for Lindvart Park, and set priorities for minor capital works. In summary, the Kaikohe-Hokianga Community Board’s role is to consider the Resource Management Plan for recommending to Council; and consider the recommendations of staff for the appointment of any future management committee for Lindvart Park (if required). 3.2) Council

Council is responsible making key strategic decisions around the management of the reserve, financial planning and significant procurement. It is highly important that the operational matters the Lindvart Park project are left to staff to manage (and where appropriate) lead. 3.3) Council Staff

Staff are responsible for leading the Reserve Management Plan development with input from Sportsville. The changes to the management structure will be set out by Sportsville and staff will provide professional support and guidance in addition to leading any Council processes necessary to implement that structure. In terms of the renewal and upgrade plans for Lindvart Park, staff will work alongside Sportsville to ensure any investment into the part is future proof, makes best use of the existing assets and is consistent with the vision of Sportsville and the development of the Reserve Management Plan.


https://objective/id:A1134896


Staff will also keep the community board informed following key milestones in the projects. 3.4) Lindvart Park Management Committee

The services LPMC provide are vital for the day to day running of the park. With the winter sports season opening up, it is highly important that the functions LPMC provide are carried out until such time as the transitional arrangements for a new management structure are finalised. It is also recognised that the members of LPMC have a long history of investing time and energy into the Lindvart Park and so it is considered appropriate and necessary to involve the members comprising the Committee throughout the development and implementation of the project. 3.5) Sportsville

Substantial time and effort has been invested by stakeholders and council staff over the last five or so years to eventually give rise to the Sportsville entity. With that in mind, Sportsville represents an asset for Council and the community. Moreover, the MOA that was entered into with Sportsville clearly sets how Council and Sportsville will work together Because Sportsville represents the interests of the codes that utilise Lindvart Park, a key responsibility of Sportsville is to engage with all the codes it represents to ensure they are being involved throughout these key projects. Sportsville is also responsible for developing the operational structure of Lindvart Park (with support from staff were necessary), including the transitional arrangements to ensure the park remains operational. 4) Next Steps

Table 1 below provides a summary of the next steps.

Task Responsibility Decision Maker Completion date

Complete Reserve Management Plan in 2017.

Staff to lead with input from Sportsville

Community Board to Recommend Decision to Council.

End of 2017

Retain LPMC as an interim measure until end June 2017

Staff to lead Community Board End of June 2017

Staff to put forward funding proposal for the 2018 Long Term Plan for future funding of Sportsville.

Staff to lead Council Completed to have funding available after 18-28 LTP

Agree contract for service between Sportsville and Council for the operation of the park

Staff and Sportsville to work together

Community board End of June 2017


Mangakahia Road

Station Road

Recreation Road

Thorp

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d

Penney Crescent

Enterprise Street

Raihara Street

Rankin Street

Memorial Avenue

Service Lane

Belmont Place

Lindvart Street

Sourced from the LINZ Data Service and licensed for re-use under the Creative Commons Attribution 3.0 NewZealand licence

Lindvart Park, Current Land Use

RoadsTwin Coast BikeTrailLindvart Park Boundary

Coverageasphalt courtsastroturfcapped landfillexisting buildingold league fieldopen fieldparkingrugby fieldsoftball pitchMaori land strip

Kaikohe

Sourced from the LINZ DataService and licensed for re-useunder the Creative CommonsAttribution 3.0 New Zealand

±0 0.15 0.30.075 KilometersDocument number A1924731 Page 6 of 6


Item: 6.1

Meeting: Council – 26 October 2017 Name of item: Recommendation for Road Renaming by the

Board (Private Road) Author: Laura Atiga - Addressing Improvement Officer

Date of report: 18 July 2017


Purpose of the report The purpose of the report is to advise the Bay of Islands-Whangaroa Community Board that the Council has requested affected property owners to provide input into any roads requiring renaming as part of the Addressing Improvement Project.

Executive summary • The Addressing Improvement Project seeks to fix historical addressing issues

where there is duplication, confusion or error under the Australian/New Zealand Addressing Standard - AS/NZS 4819.2011.

• Community Boards have the delegated authority to recommend to Council name changes of previously named roads, reserves and community facilities subject to consultation with the community.

This report was presented to the Bay of Islands-Whangaroa Community meeting on 14 August 2017. The Bay of Islands-Whangaroa Community Board makes the following recommendation to Council

Recommendation That the Council pursuant to Section 319(j) of the Local Government Act 1974 recommend that Council rename a portion of the private road: - Totara Heights Way (eastern wing only) to be renamed Island View Close;

1) Background Council passed a resolution on 05 June 2015 to fix historical addressing issues in the Far North District where there was duplication, confusion or error. Community Boards have the delegated authority to name unnamed roads within the Far North District and to recommend to Council a name change of a previously named road.

2) Discussion and options Property owners, and where appropriate, iwi / hapu, have been consulted and asked to provide input. The road name recommended in this report is not a duplicate of any other road names in the District.

Reason for the recommendation The names have local significance as outlined in the attached spreadsheet and meet the criteria set down in the Council’s Road Naming and Property Numbering Policy and the Australian/New Zealand Addressing Standard - AS/NZS 4819.2011.


3) Financial implications and budgetary provision Budget has been allocated for this work as part of the Council resolution on 05 June 2015.

Manager: Caroline Wilson - Manager – District Administration Corporate Services

Attachment 1: Road Naming Schedule (Private Renaming) - Document number A1922815

Attachment 2: Map of road for name change (Private Renaming) - Document number A1889871











Consultation has been undertaken with persons likely to be affected by, or likely to have an interest in, the matter.


Policy #2125 - Road Naming and Property Numbering Policy. Name is to reflect the historical, geographical or cultural significance associated with the area, a common or established theme in the area or the name of a noteworthy person.


The report is before the Council for consideration under its delegated powers to recommend to Council name changes of previously unnamed roads, reserves and community facilities.


Where any names in Te Reo have been proposed local iwi have been consulted.

No issues have been raised.


Consultation has been undertaken with persons likely to be affected by, or likely to have an interest in, the matter.


Financial Implications have been assessed and Budgetary Provision have been made.

Chief Financial Officer review. The Chief Financial Officer has reviewed this report.



Document number A1922815 1

Location Preference Status Submitted Road Names

Number of Submitters

Background (provided by submitters) Comments Recommendation

Island View Close

5

On behalf of the Totara Heights Society Incorporated. Island View Close is the committes choice and voted 5 to 1 for this name.

Island View Close

Nikau Way 1Nikau Close

1This name is of a native tree in keeping with the existing name Totara Heights - also a native tree name. As the properties are still part of Totara Heights Subdivision, it is important to maintain that link.

Ngaio Close

1This name is of a native tree in keeping with the existing name Totara Heights - also a native tree name. As the properties are still part of Totara Heights Subdivision, it is important to maintain that link.

Third Preference Tiketike Close1

Means height. This name is also favoured by me as they relate to the existing name Totara Heights.

Te Puna Close1

Means top. This name is also favoured by me as they relate to the existing name Totara Heights.

Paihia

First PreferenceShared access eastern wing only -currently Totara Heights Way

Second Preference

Bay of Islands / Whangaroa Community Board Road Naming Schedule – 14 August 2017


Item: 6.2

Meeting: Council – 26 October 2017 Name of item: Recommendation for Road Renaming by the

Board (Public Road) Author: Marie Boyd – Addressing Improvement Officer

Date of report: 23rd August 2017


Purpose of the report To recommend that Council rename Lemons Bay Lane to follow the tradition of naming Opua streets after 19th Century Arctic explorers.

Executive summary The Addressing Improvement Project seeks to fix historical addressing issues where there is duplication, confusion or error under the Australian/New Zealand Addressing Standard – AS/NZ 4819.2011. Community Boards have the delegated authority to recommend to Council name changes of previously named roads, reserves and community facilities subject to consultation with the community. This report was presented to the Bay of islands-Whangaroa Community meeting on 25 September 2017. The Bay of Islands-Whangaroa Community Board makes the following recommendation to Council

Recommendation That the Council approves that the public road currently known as Lemons Bay Lane be renamed Creswell Street.

1) Background Far North District Council passed a resolution on 05 June 2015 to fix historical addressing issues in the Far North District where there was duplication, confusion or error. Community Boards have the delegated authority to name unnamed roads with in the Far North District and to recommend to the Council a name change to a previously named road.

At its meeting held 11th May 2017 the Council renamed the western portion of Richardson Street, Opua and the affected property owners were informed of its decision.

There has been a request from some Opua residents that the above resolution be rescinded as the new road name Lemons Bay Lane did not follow the tradition of naming Opua streets after 19th Century Arctic explorers. List attached as provided by a local resident. Affected property owners were asked to submit a new road name following the aforementioned tradition.

2) Discussion and options


Property owners and, where appropriate iwi / hapu have been consulted and asked to provide input into the new road name. The road name recommended in the report is not a duplicate of any other road name in the district.

Reason for the recommendation The name follows the tradition of naming the streets in Opua after 19th century Artic explorers and meets the criteria set down in the Council’s Road Naming and Property Numbering Policy and the Australian/New Zealand Addressing Standard - AS/NZS 4819.2011.

3) Financial implications and budgetary provision Budget has been allocated for this work as part of the Council resolution on 05 June 2015.

Manager: Caroline Wilson - Manager – District Administration Corporate Services

Attachment 1: Road Naming Schedule (Public Road) - Document number A1924575

Attachment 2: Map of road with name - Document number A1924564

Attachment 3: List of names provided by local resident – Document number A1924561











Low


Policy #2125 - Road Naming and Property Numbering Policy.

Section 319(j) of the Local Government Act 1974


The report is before the Bay of Islands-Whangaroa Community Board for consideration under Policy #2125 - Road Naming and Property Numbering adopted 5 June 2015.


Where names in Te Reo have been proposed, local iwi have been consulted.

No issues have been raised


Consultation has been undertaken with persons likely to be affected by, or to have an interest, in this matter


Financial Implications have been assessed and Budgetary Provision has been made.




Location Preference Status Submitted Road

Names

Number of

Submitters

Background (provided by submitters) Comments Recommendation

First Preference Creswell Lane 1 Samuel Creswell was the 2nd Officer

on "Investigator" during one of the

searches for the Franklin expedition

Creswell Street

No change 1

Bay of Islands / Whangaroa Community Board Road Naming Schedule – 25 September 2017

Opua

Public road currently addressed as

Lemons Bay Lane -name does not

follow Opua street naming tradition


Docum

ent number A

1924564P

age 1 of 1


Item: 7.1

Meeting: Council – 26 October 2017 Name of item: FNDC’s Submission to the Proposed Regional

Plan for Northland Author: Louise Wilson - Policy Planner

Date of report: 5 October 2017


Purpose of the report Northland Regional Council (NRC) has notified a Proposed Regional Plan for Northland. This report outlines the implications of the proposed plan for the Far North District Council (FNDC), summarises the proposed FNDC submission, and seeks endorsement of the attached draft submission.

Executive summary Northland Regional Council has notified the Proposed Regional Plan for Northland (proposed plan). Submissions on the proposed plan are due on 15 November 2017. The proposed plan replaces the Regional Water and Soil Plan, Coastal Plan and Air Quality plan. It contains policies and rules that have implications for FNDC with respect to:

• Providing affordable infrastructure • Efficient, integrated processing of landuse and subdivision consents • Outcomes for Far North communities.

A draft submission has been prepared (see Attachment 1). The submission generally supports proposed plan policies and rules that:

• Enable affordable infrastructure • Integrate management of Regional and District Council functions • Enable outcomes for Far North communities and Tangata Whenua.

The submission seeks changes to proposed policies and rules that may lead to ineffective, costly, or uncertain decisions. This report was presented to the Strategy Committee meeting on 11 October 2017. The Strategy Committee makes the following recommendation to Council

Recommendations That Council endorses the attached draft Far North District Council submission to the Proposed Regional Plan for Northland. The Council staff work with Whangarei District Council and Kaipara District Council to ensure regional consistency.


1) Background What is a Regional Plan? The purpose of a regional plan is to assist a regional council to carry out its functions under the Resource Management Act 1991 (RMA). Regional plans must give effect to national policy statements and regional policy statements (see Fig.1)1. Regional plans can cover issues within the functions of the regional council, including:

• Soil conservation • Water quality and quantity • Aquatic ecosystems • Natural hazards • Discharge of contaminants.

A regional plan is required to state objectives for the region, policies to implement the objectives, and rules (if any) to implement the policies. Regional plans usually contain rules governing the use of resources within the region. Regional plans have a significant effect on the use of natural resources within the region because:

• No person may use land, water, air or the coastal marine area in a manner that contravenes a regional rule without holding a resource consent

• District plans must be consistent with the regional plan for the applicable region

• Consent authorities must have regard to any relevant regional plan when considering an application for a resource consent 2

Fig.1 Regional and District Council Jurisdiction

Feedback, Submissions and Next Steps

1 http://www.localcouncils.govt.nz/lgip.nsf/wpg_url/About-Local-Government-Local-Government-In-New-Zealand-Councils-roles-and-functions#RegionalCouncils 2 http://www.environmentguide.org.nz/rma/planning-documents-and-processes/regional-plans/


In August 2016, NRC published a Draft Regional Plan. Draft plans do not have legal effect. However, publishing a draft gave the public an informal opportunity to provide feedback. In September 2016, FNDC provided feedback.

NRC notified the Proposed Regional Plan for Northland on 6 September 20173. The notification of a plan triggers the formal process of submissions, further submissions hearings and appeals (see Fig.2)4.

Fig.2 Plan Review Process The proposed plan contains policies and rules that have implications for FNDC with respect to:

• Providing affordable infrastructure • Efficient, integrated processing of landuse and subdivision consents • Outcomes for Far North Communities.

FNDC staff have considered the implications of each proposed policy and rule. The attached submission states support for provisions that enable Council objectives and identify the relief sought where policies or rules are likely to lead to ineffective, costly, or uncertain decisions.

2) Discussion and options Discussion Why make a submission? Regional Plans are only reviewed once every 10 years. If FNDC does not make a submission, the submissions of other agencies could result in amendments that adversely affect FNDC’s ability to carry out core functions. FNDC cannot legally participate in subsequent stages of plan development unless a comprehensive submission is made. Proposed Regional Plan Structure and Philosophy The Proposed Regional Plan differs from the three operative plans in the following ways: 3 http://www.nrc.govt.nz/newregionalplan 4 http://www.mfe.govt.nz/publications/rma/everyday-guide-rma-making-submission-about-proposed-plan-or-plan-change


• Drafted for easy online use • Simplified layout with separate sections for rules and policies • Policies are detailed and read like assessment criteria • First RMA plan in NZ to contain only one objective.

Implications for Affordable Infrastructure The proposed plan contains policies and rules regarding discharges of wastewater and stormwater, water takes, and land disturbance activities. Infrastructure that cannot comply with permitted activity rules requires resource consent. Obtaining and renewing resource consents can be time consuming and costly.

FNDC is required to provide infrastructure under the Local Government Act 2002 (LGA 02). FNDC currently maintains:

• 14 waste water treatment plants • 9 potable water networks • Multiple stormwater networks • An extensive road network.

The tables below outline the proposed policies and rules that have implications for providing affordable infrastructure and a summary of the FNDC submission themes.

Proposed Regional Plan Provision Submission Key Points

Policies D.2.1 – D.2.4 General D.4.1 – D.4.23 Land and Water

• Ensure Council infrastructure is enabled and does not have a non-complying activity status.

• Ensure provisions can be implemented without increasing FNDC costs.

• Council can continue to meet the infrastructure needs of communities in accordance with the LGA 2002.

Rules C.1 Coastal Activities C.2 Activities in the Beds of Lakes and Rivers C.3 Damming and Diverting Water C.4 Land Drainage and Flood Control


C.5 Taking and Using Water C.6 Discharges to Land and Water

Implications for District Plan Alignment The Regional Plan review provides an opportunity to integrate Regional Plan and District Plan provisions for the management of earthworks, domestic on-site wastewater disposal, vegetation clearance, natural hazards and activities in the coastal marine area (CMA). Overlapping and inconsistent Regional Plan and District Plan rules are inefficient, confuse ratepayers and deter developers.

District Plans are required to be consistent with Regional Plans (see Fig.1). The District Plan is currently under review. Through the submission process, Council (FNDC) can support policies and rules that align with District Plan objectives and seek amendments that improve the potential for integrated management.

Proposed Regional Plan Provision Submission Key Points

Policies D.2.1 – D.2.2 General Policies D.2.7 – D.2.8 Biodiversity D.3.3 Dust and Odour Generating Activities D.5.1 – D.5.4 Aquaculture D.5.10-D.5.17 Moorings and Marinas D.6 Natural Hazards

• Enable integrated management of natural hazards, dust and aquaculture.

• Ensure activities in the coastal marine area manage their onshore effects.

• Consider delegated authority for provisions that could be more appropriately managed by the District Plan e.g. domestic wastewater discharges, dust.

Rules C.1 Coastal Activities C.6 Discharges to Land and Water C.7 Discharges to Air C.8 Landuse and Disturbance Activities Outcomes for Far North Communities FNDC consults as part of its legislative responsibilities under the RMA and LGA, therefore we are aware of the many community issues and opportunities. FNDC can advocate with Regional Council and Central Government agencies to secure better outcomes for Far North Communities. The Proposed Regional Plan contains many policies and rules that do not have direct implications for Council. However, they may have district wide implications for Tangata Whenua and the development of Māori Land, infrastructure for economic development, e.g. irrigation, community resilience to natural hazards and economic/demographic change.

Proposed Regional Plan Provision FNDC Submission Point

Policies D.1 Tangata Whenua D.2 General D.6 Natural Hazards

• Ensure proposed policies are affordable for ratepayers.

• Enable the development of Maori Land.

• Support the Te Tai Tokerau Northland Economic Action Plan, e.g. consider aquaculture and irrigation for horticulture.

Rules C.1 Coastal Activities C.2 Activities in the Beds of Lakes


and Rivers C.3 Damming and Diverting Water C.4 Land Drainage and Flood Control C.5 Taking and Using Water C.7 Discharges to Air C.8 Landuse and Disturbance Activities.

• Encourage partnerships between Regional Council, District Council, and industry that support community resilience to hazards such as dust, flooding and coastal/climate change.

Options The following options were considered:

1. Do not make a submission 2. Collaborate within FNDC to make a submission 3. Collaborate with other Councils to inform the development of a regionally consistent submission.

Option 1 – If a submission is not made, FNDC will not be able to legally influence the final content of the Regional Plan. This is a potential risk that may have significant financial, economic and social implications for Council and the District. Option 2 – A submission drafted collaboratively by FNDC staff could influence policies and rules that directly affect FNDC and the Far North District. While lower risk than option 1, this approach does not provide for regional cooperation and consistency. Option 3 – FNDC prepares a submission, and in doing so, collaborates with Whangarei District Council and Kaipara District Council to develop regional consistency where appropriate. This option retains district autonomy while reducing the risk of expensive appeals and promotes regional cooperation on regional wide issues such as economic development, infrastructure and community resilience.

Reason for the recommendation Option 3 is recommended because a regionally consistent submission is more likely to result in Proposed Regional Plan policies and rules that:

• Enable affordable infrastructure; • Integrate management of Regional and District Council functions; • Support better outcomes for communities.

3) Financial implications and budgetary provision The Proposed Regional Plan for Northland has direct financial implications for FNDC because proposed policies and rules could result in increased administration and compliance costs for infrastructure. There may also be indirect financial implications through Regional Council regulations that influence economic activity.

Manager: Bill Lee - General Manager Strategic Policy and Planning (Acting)

Attachment 1: Draft Submission of the Far North District Council to the Proposed Regional Plan for Northland - Document number A1926107











The proposed regional plan is of moderate significance. Proposed plan policies could increase the cost of providing infrastructure. There is a high level of community interest in the proposed plan.


FNDC is required to provide infrastructure under the Local Government Act. This submission promotes FNDC’s ability to provide affordable infrastructure.

The District Plan is currently under review. District Plans are required to be consistent with Regional Plans. Consequently, this submission is an opportunity to promote integration between Regional and District Plans

FNDC will be consulting on a Long Term Plan in 2018. Proposed Regional Plan regulations may affect FNDC’s ability to deliver community outcomes.


The Proposed Regional Plan has district wide significance.

State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and

The Proposed Regional Plan regulates the use of the coastal environment, waterways and wetlands. Consequently it is highly significant. Council’s Māori




relates to land and/or any body of water. Development Advisors have assisted with the development of the draft submission.


Any person can make a submission on a Proposed Regional Plan. FNDC’s draft submission draws from comprehensive District Plan consultation and inter-council staff collaboration.


As per section 3) of the report above. No additional budget required for developing and lodging the draft submission



Wednesday 15 November 2017 [email protected] PRP Submissions Northland Regional Council Private Bag 9021 Whangārei Mail Centre Whangārei 0148 FAR NORTH DISTRICT COUNCIL SUBMISSION ON THE PROPOSED NORTHLAND REGIONAL PLAN The Far North District Council (FNDC) welcomes the opportunity to provide a submission on the Proposed Northland Regional Plan. FNDC are currently undertaking a consolidated review of their District Plan. This is an important opportunity to ensure that District Plan approaches are consistent with the Regional Plan. Consistent implementation of the Resource Management Act 1991 provides certainty for developers and the public. FNDC generally supports the proposed plan. However, some proposed provisions may have implications for FNDC with regard to:

• Providing affordable infrastructure. • Efficient, integrated processing of resource consents for landuse and subdivision. • Community wellbeing

The attached submission addresses the provisions that are likely to have implications for FNDC. FNDC could not gain an advantage in trade competition through this submission, nor are we directly affected by an effect of the subject matter of the submission that adversely affects the environment, and does not relate to trade competition of the effects of trade competition. FNDC wishes to be heard in support of its submission and if others make a similar submission would consider presenting a joint case with them at a hearing. The FNDC District Plan Team looks forward to working with the NRC Policy and Monitoring Department. Please do not hesitate to contact them for further information regarding this submission. Yours sincerely Bill Lee Acting General Manager Strategic Planning and Policy


B. Definitions Provision Submission

Point # Relief Sought Reason

Section B Definitions 1

Support definitions as written. In particular retain definitions for biosolids, maintenance dredging, primary treatment and secondary treatment.

FNDC provided feedback on the Draft NRP requesting the inclusion of definitions for biosolids, maintenance dredging, primary treatment and secondary treatment. These definitions assist FNDC to manage municipal wastewater and regulate on-site disposal systems.


Insert the following NEW definition: “district council infrastructure – all infrastructure constructed, operated and maintained in accordance s.101B of the Local Government Act 2002”

FNDC is obliged to maintain levels of service for all infrastructure for which rates are collected. FNDC seeks to ensure that this infrastructure is treated in a similar manner to regionally significant infrastructure in order to reduce costs to ratepapers.


Provide a definition of toxic-contaminant. This would assist with interpreting policy D.4.6 Offsetting residual non-toxic contaminants


Insert a definition, or note, regarding interpretation of the word “property” in rule C.6.4.2 2), to the effect that property includes district council infrastructure

Poorly managed private stormwater discharges cause widespread damage to FNDC stormwater infrastructure.


C.1 Coastal Activity Rules Provision Submission


C.1.1.1 Existing structures

Support in part. Delete clause 18. Generally enables coastal infrastructure. However, clause 18 is too onerous. Implies the activity status will not be permitted if documentation cannot be provided.

C.1.1.7 Reconstruction, maintenance or repair of a structure

Support this rule as written Enables coastal infrastructure

C.1.1.8 Maintenance, repair or removal of hard protection structures


C.1.1.9 Additions and alterations to structures


C.1.1.10 Removal of Structures Support this rule as written Enables coastal infrastructure

C.1.1.17 Hard protection structures

Support in part – request assessment criteria or amendment to D.6.2 requiring consideration of the effects of the structure on land not owned by the applicant (or similar relief).

Hard protection structures are occasionally proposed on land not owned by the applicant. Land owner approval is required in order to implement the consent. Consideration of effects on land not owned by the applicant protects neighbouring properties and public esplanade.

C.1.1.18 Hard protection structures for reclamations associated with

Support in part – “A hard protection structure that is directly associated with the protection of regionally significant infrastructure or a reclamation for regionally significant infrastructure is a

As written this rule may be interpreted to only allow hard protection structures, when proposed in conjunction with reclamations. Need to ensure this rule allows for hard protection structures associated with regionally significant infrastructure, either with or without reclamation (particularly as definition for


regionally significant infrastructure

discretionary activity.” Or similar relief. reclamation excludes seawalls).

C.1.1.22 Structures within a significant marine area

Oppose – seek the following amendment: “Structures within a significant marine area excluding structures for district council and regionally significant infrastructure” or similar relief.

FNDC operates infrastructure at Haruru Falls and Russell that could be captured by this rule.

C.1.2.8 New mooring in a Mooring Zone with limited shore-based facilities

Support in part. Add item to matters of discretion: “the need for the integrated management of any associated land use effects outside the CMA.” Or similar relief.

FNDC seeks integrated management of adverse effects in both the marine and terrestrial environment. The proposed criteria address “Effects on parking, toilet facilities, refuse disposal and dinghy storage.” However, there may be activities that cause effects not captured by these criteria. Applicants should be contacting FNDC and ensuring their activity complies with TA requirements.

C.1.3 All Aquaculture Provisions

Support in part – for all applications for extensions or new activities add the following item to matters of discretion: “the need for the integrated management of any associated land use effects outside the CMA.” Or similar relief.

FNDC seeks integrated management of adverse effects in both the marine and terrestrial environment. Applicants should be contacting FNDC and ensuring their activity complies with TA requirements.

C.1.4 Mangrove removal

Support in part. Seek amendment to C.1.4.1. Replace the word pnuematophore with a plain English term.

Use of plain English improves plan usability.

C.1.5.1 Activities on foreshore areas and use of vehicles on beaches

Support. In particular support reference to bylaws.

In particular FNDC supports the reference to bylaws.

C.1.5.4 Removal of nuisance marine plant debris

Support Enables maintenance of coastal infrastructure


C.1.5.6 Clearing of stormwater pipe outlets –

Support Enables maintenance of coastal infrastructure

C.1.5.11 Beach Scraping Support restricted discretionary status. This rule enabled beach scraping provided cultural and ecological

standards can be met. C.1.6.1 Unlawful public road reclamation

Support The Far North District has a number of unformed coastal roads. It

is appropriate that these are controlled so that access can be achieved without significant adverse effects.

C.1.6.3, C.1.6.4 and C.1.6.5 (reclamations)

Support The proposed provisions differentiate activity status for regionally

significant infrastructure.

C.1.8 Coastal works general conditions

Support The provisions are specific and easy to understand.


C.2 Activities in the Beds of Lakes and Rivers Rules Provision Submission


C.2.1.2 Extraction of material from rivers

Support Gravel extraction promotes flood management and the gravel is used as a resource by Far North residents.

C.2.1.4 Existing authorised structures

Support FNDC has structures in waterways for the purpose of providing

potable water.

C.2.1.6- C.2.1.11 Support all as written FNDC maintains roads that follow waterways and this occasionally requires activities in the beds of rivers.

C.2.1.12 Freshwater structures

Strike out clause 2)“2) the length of a culvert does not exceed 25 metres,”

The impact of a proposed length can be addressed as a matter of control. FNDC manages a large road network. It may occasionally be necessary to have culvert exceeding 25m as the legal width of a road is 20m.

C.2.1.15 Structures in a significant area

Oppose - The activity status for structures associated with district council infrastructure and regionally significant infrastructure should be discretionary not non-complying(or similar relief).

RMA Section 30(1)(ba) and s30(1)(gb) require that regional plans ensure there is sufficient development capacity and the strategic integration of infrastructure with landuse. RPS objectives 3.7 and 3.8 provide for regionally significant infrastructure. Regionally significant infrastructure is therefore consistent with the RPS and should not be a non-complying activity. District Council infrastructure is required to be operated and maintained pursuant to the LGA. District Council infrastructure should be considered equivalent to regionally significant infrastructure. District Council infrastructure should never be a non-complying activity.

C.2.2 Activities affecting wetlands

Oppose. Amend C.2.2.5 to give discretionary activity status for district council infrastructure and regionally

Section 30(1)(ba) and s30(1)(gb) require that regional plans ensure there is sufficient development capacity and the strategic integration of infrastructure with landuse.


significant infrastructure. Existing public drainage activities should be able to seek, within two years of the proposed plan being made operative, a controlled activity or restricted discretionary activity consent to authorise existing activities in wetlands.(or similar relief).

RPS objectives 3.7 and 3.8 provide for regionally significant infrastructure. Regionally significant infrastructure is therefore consistent with the RPS and should not be a non-complying activity. District Council infrastructure is required to be operated and maintained pursuant to the LGA. District Council infrastructure should be considered equivalent to regionally significant infrastructure. District Council infrastructure should never be a non-complying activity.


C.3 Damming and Diverting Water Provision Submission


C.3.1 Off-stream damming and diversion

Support in part – add d) to enable a water take for public water supply

Section 30(1)(ba) and s30(1)(gb) require that regional plans ensure there is sufficient development capacity and the strategic integration of infrastructure with landuse. Dams contribute to the wellbeing of the district through flood attenuation, water storage and irrigation. Off stream dams can be used to attenuate stormwater flows from subdivision and landuse.

C.3 – all provisions

Support Section 30(1)(ba) and s30(1)(gb) require that regional plans ensure there is sufficient development capacity and the strategic integration of infrastructure with landuse. Dams contribute to the wellbeing of the district through flood attenuation, water storage and irrigation.

C.3.5 Support As above.


C.4 Land Drainage and Flood Control Provision Submission


C.4.4 Re-consenting flood control schemes

Support

C.4.5 Land drainage schemes

Support in part Consider activity status. Correct typographical error “6) fFsh passage” should be “fish passage”. Amend maps to include all drains in the Motutangi/Kaimaumau drainage district and the Motutangi Stream.

FNDC has existing drainage districts which cut through significant wetlands. Historically these had permitted activity status subject to management plans. The controlled activity status is acceptable because NRC cannot decline a controlled activity. FNDC would not support any other activity status for this activity.

C.4.6 Other land drainage and flood control activities

Support FNDC has existing drainage districts which cut through significant wetlands. FNDC supports the discretionary activity status for new activities in these schemes. Existing activities should not be more than a controlled or restricted discretionary activity.


C.5 Taking and Using Water Provision Submission


C.5.1.3 Water take from an off-stream dam

Support FNDC has potable water networks that rely on off-stream dams.

This provision has improved since the draft through the addition of new definitions of “authorised” “off stream” and “dam”.

C.5.1.6 Replacement water permits for registered drinking water supplies

Support Enables FNDC to provide potable water.

C.5.1.11 Water take below a minimum flow or water level

Oppose. Activity status of takes for district council infrastructure – registered drinking water supplies should be discretionary not non-complying.(or similar relief). Existing abstraction consent should be able to be renewed without requiring an application for a non complying activity.

FNDC is required to maintain levels of service to potable water supply networks pursuant to the Local Government Act. Local government infrastructure should be equivalent to regionally significant infrastructure. Regionally significant infrastructure is anticipated by the RPS. Consequently, it should not have a non-complying activity status. Predicted population growth means FNDC will need to look for new raw water supplies to treat and provide potable water.

C.5.1.12 Water take that will exceed an allocation limit

Oppose - Activity status of takes for district council infrastructure – registered drinking water supplies should be discretionary not non-complying.

FNDC is required to maintain levels of service to potable water supply networks pursuant to the Local Government Act. Local government infrastructure should be equivalent to regionally significant infrastructure. Regionally significant infrastructure is anticipated by the RPS. Consequently, it should not have a non-complying activity status.

C.5.1.13 Water takes that will exceed an allocation limit

Support FNDC acknowledge the National Policy Statement for Freshwater and the necessity for limits.


C.6 Discharges to Land and Water Rules Provision Submission


C.6.1.1 Existing on-site domestic type wastewater discharge

Support This rule legitimises existing systems that are operating well.

C.6.1.3 Other on-site treated domestic wastewater discharge

Support Proposed rules simplify assessment of systems near, but not in, floodplains.

C.6.1.4 Replacement discharge permits

Support Provision gives rate payers certainty that their system will get

consent if the relevant criteria are satisfied.

C.6.1.6 Discharge of untreated domestic type wastewater to water

Support All wastewater should receive some degree of treatment before being discharged to water.

C.6.2.1 Wastewater discharge from a pump station or pipe network

Support in part. FNDC seeks the following amendment: “1) an application for resource consent is received by the regional council within two 5 years of this rule becoming operative, “

FNDC requires time to prepare applications for all relevant sites.

C.6.2.2 Discharge from a pump station or pipe network

Support FNDC acknowledges that unexpected discharges occur. Discretionary status is acceptable.


C.6.2.3 Wastewater treatment plant discharge

Support Discretionary status is acceptable.

C.6.2.4 Wastewater discharge – prohibited activity

Support in part There may be circumstances beyond Councils control e.g. natural disaster, illegal earthworks, that damage wastewater infrastructure and result in a discharge.

C.6.4.1 Stormwater discharges from a public stormwater network

Support in part. FNDC seeks the following changes: C.6.4.1.6) “within two five years of the operative date of this rule, a stormwater management plan for the networks listed in Table 5 'Priority public stormwater networks' is provided to the council,”

FNDC supports a permitted activity status for stormwater networks that are operated in accordance the management plan standards in H.2. FNDC operates multiple stormwater networks as permitted activities. These do not currently have management plans that comply with H2. FNDC requires 5 years to complete this work due to resource constraints and Long Term Plan cycles.

C.6.4.2 Other stormwater discharge

Support in part. FNDC seeks the following changes: “3) where the stormwater diversion or discharge is from a hazardous substance storage area: a) the stormwater collection system is designed and operated to prevent hazardous substances stored or used on the site from entering the stormwater system, or b) there is an stormwater interceptor in place to collect stormwater that may contain hazardous substances and discharge or divert it to a trade waste system or store it for removal and treatment, unless the stormwater contains no hazardous substances except oil or grease and the

FNDC requests the insertion of clause c) in order to reduce the volume of stormwater entering contaminated sites. This reduces the potential for stormwater contamination and contaminated runoff. This technique is well documented in GD05.


stormwater is passed through an oil interceptor system prior to discharge, and 4) where the stormwater diversion or discharge is from an industrial or trade premises that is not a high risk industrial or trade premises: a) the stormwater collection system is designed and operated to prevent any other contaminants stored or used on the site from entering stormwater unless the stormwater is discharged through a stormwater contaminant interceptor, and b) any process water or waste stream on the site is bunded, or otherwise contained, within an area of sufficient capacity to provide secondary containment equivalent to 100 percent of the quantity of any process water or waste that has the potential to spill into a stormwater collection system, in order to prevent trade waste entering the stormwater collection system, and c) Stormwater diversion drains, bunds or similar, are used to prevent uncontaiminated stormwater from entering the contaminated site” (or similar relief)

C.6.4.3 Stormwater discharges – controlled activity

Support in part. Amend as follows: “4) The adequacy of measures to minimise flooding in areas affected caused by the stormwater network.”

FNDC can influence the likelihood of flooding caused by stormwater infrastructure operated by FNDC. FNDC should not be expected to mitigate the effects of flooding caused by private systems or weather events.


C.6.4.4 Stormwater discharge from contaminated land and high risk industrial or trade premises

Support in part Discharges can adversely affect municipal water networks. FNDC should be considered a potentially affected party when considering discretionary stormwater discharges.

C.6.5.1 Application of agrichemicals

Support Responsible agrichemical use supports horticultural activities and

the control of pest plans.

C.6.7.2 Discharges to land from closed landfills

Support in part. Amend as follows: c) 300 millimetres compacted subgrade or foundation layer, or as defined in a Closed Landfill Management Plan that has been approved by NRC.,” or similar relief.

The majority of FNDC closed landfills discharge to water not land. However FNDC seeks this amendment so that site specific circumstances and designs can be acknowledged.

C.6.7.7

Support in part – activity status should be RDA for discharges from municipal landfills.

RDA status is appropriate for activities where the adverse effects and the means for mitigating them are well established.

C.6.8.2 Discharges from contaminated land

Support Discharges from contaminated land can adversely affect municipal

water networks.

C.6.8.3 Contaminated land remediation

Oppose This rule appears to be covering the same information requirements as the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health.

C.6.9.1 Discharge of dust suppressants

Support Many Far North communities are adversely affected by dust. FNDC has been trialling dust suppressants. FNDC has a large unsealed road network and resolving dust issues requires significant funding.

C.6.9.6 Other discharges

Support in part FNDC seeks to protect potable water catchments from the adverse effects of discharges, including but not limited to, sediment discharges arising from forestry activities. The NES-PF s6(3)(c) allows plan rules to be more stringent where activities are


conducted within 1km upstream of the abstraction point of a drinking water for more than 25 people.

C.7 Discharges to Air Rules Provision Submission


C.7.2.5 Discharges to air from the use of public roads by motor vehicles

Oppose The discharge of dust to air from the use of public roads by motor vehicles, is a permitted activity provided: 1) the relevant road controlling authority has a current programme in place that sets out the priority sites in the district for mitigating the effects of dust on dust sensitive areas. Proposed wording for C.7.2.5 “Discharges to air from the use of public roads by motor vehicles - permitted activity The discharge of dust to air from the use of public roads by motor vehicles, is a permitted activity provided: 1) Within 5 years of this plan becoming operative the relevant road controlling authority has a policy for mitigating the effects of dust on dust sensitive areas.”

FNDC acknowledge that dust is adversely affecting some rural communities. FNDC has been investigating methods for managing dust. FNDC does not consider committing to a “current programme” is the best way to manage the issue of offensive and objectionable dust discharges. There are three main reasons for this position. 1. FNDC is currently drafting a Proposed District Plan. Policies and methods for reducing objectionable and offensive discharges of dust will be considered during the District Plan review. This may include working with industry and communities to change landuses that generate dust. 2. In 2018 FNDC will be consulting on an LTP. Through this process funds can be sought for road sealing and dust suppressants. However, as an LTP is only a 3 year plan, programmes of work can change subject to budgets. 3. A significant proportion of funding for road sealing and dust suppression is obtained from NZTA. The criteria for this funding changes and impacts FNDC’s programme of works. FNDC requires flexibility in its policies for ameliorating dust effects. However, FNDC is willing to participate in


monitoring and reporting to encourage accountability and progress towards air discharge goals.

C.8 Landuse and Disturbance Activities Provision Submission


C.8.1 Stock exclusion provision

Support in part Seek more stringent standards for stock exclusion within 1km of a potable water take (or similar relief).

FNDC seeks to protect the quality of water used for drinking supplies.

C.8.2 Cultivation Provisions

Support in Part Seek more stringent standards for cultivation within 1km of a potable water take, including cultivation for plantation forestry.(or similar relief) Remove preclusion of notification to enable notification of the territorial authority if the activity occurs in a potable water catchment.

There have been instances when FNDC has had to pay for additional water treatment costs as a result of forestry activities that discharged sediment in a potable water catchment. Activities on private property should not create externalities to be borne by ratepayers.

C.8.3.1 Earthworks – permitted activity

Support in part Remove activities for contaminated land where these can be addressed through the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (or similar relief).

FNDC supports the requirement for erosion and sediment control. Uncontrolled earthworks damage FNDC roads and stormwater networks. FNDC is currently reviewing the Far North District Plan. District Plans are required to be consistent with Regional Plans. The rule will only be effective if it is enforced. NRC should consider the methods for implementing, monitoring and enforcing this rule, including funding for cost recovery in the LTP.

C.8.3.2 Earthworks - controlled activity

Support in part – all earthworks applications should be required to consider cultural and heritage effects, not just effects IN the CMA or

FNDC supports the requirement for erosion and sediment control. Uncontrolled earthworks damage FNDC roads and stormwater networks.


in freshwater bodies. FNDC is currently reviewing the Far North District Plan. District Plans are required to be consistent with Regional Plans. The rule will only be effective if it is enforced. NRC should consider the methods for implementing, monitoring and enforcing this rule, including funding for cost recovery in the LTP.

C.8.3.3 Earthworks - DA

Support in part – all earthworks applications should be required to consider cultural and heritage effects, not just effects IN the CMA or in freshwater bodies.

FNDC supports the requirement for erosion and sediment control. Uncontrolled earthworks damage FNDC roads and stormwater networks. FNDC is currently reviewing the Far North District Plan. District Plans are required to be consistent with Regional Plans. The rule will only be effective if it is enforced. NRC should consider the methods for implementing, monitoring and enforcing this rule, including funding for cost recovery in the LTP.

C.8.4.1 Vegetation clearance and coastal dune restoration within the coastal hazard management area – permitted activity

Support FNDC is currently reviewing the Far North District Plan. District Plans are required to be consistent with Regional Plans.

C.8.4.2 Clearance of native woody vegetation – permitted

Support in part Amend to consider SNA’s

FNDC is currently reviewing the Far North District Plan. District Plans are required to be consistent with Regional Plans.


activity The RPS requires NRC to provide guidance on the location of Significant Natural Areas (SNA’s). Where SNA’s are located in riparian or coastal areas they should be protected through the regional plan.

C.8.4.3 Vegetation clearance - discretionary activity

Support in part Amend to consider SNA’s

FNDC is currently reviewing the Far North District Plan. District Plans are required to be consistent with Regional Plans. The RPS requires NRC to provide guidance on the location of Significant Natural Areas (SNA’s). Where SNA’s are located in riparian or coastal areas they should be protected through the regional plan.

C.8.6 Re-building C.8.6.1 Re-building of materially damaged or destroyed buildings – restricted discretionary activity

Support in Part – consider delegation to Building Control Authority (TA).

The implementation of the proposed rule relies on FNDC as the Building Control Authority cooperating with NRC.

C.8.6.2 Re-building of materially damaged or destroyed buildings – non-complying activity

Support in part – consider delegation to Building Control Authority (TA).

The implementation of the proposed rule relies on FNDC as the Building Control Authority cooperating with NRC.


Tangata Whenua Policies Provision Submission


D.1.1 – D.1.5

Support FNDC supports the direction of the Tangata Whenua policies. The requirement to identify, analyse, and consider tangata whenua as affected parties in resource consent activities will assist in achieving the objectives of the Plan and the Regional Policy Statement.


General Policies Provision Submission


D.2.1 Rules for managing natural and physical resources

Support This policy will promote efficient and integrated management.

D.2.2 Social, cultural and economic benefits of activities

Support The Far North District has a unique demographic profile. Enabling economic, social and economic benefits is necessary to provide for well being.

D.2.3 Application of policies in the Regional Policy Statement for Northland to non-complying activities

Support in part – the policy constrains the application of RPS policies.

The full suite of RPS policies should be considered when processing non-complying applications. The “gateway test” can be established without picking and choosing RPS clauses.

D.2.4 Resource consent duration

Support Obtaining and renewing consents for infrastructure is a significant cost to ratepayers. Extending the time frame for consents would improve efficiency while consent review conditions can be used to respond to changing environments or social expectations.

D.2.5 Recognising community and tangata whenua values

Support in part Amend to include any commitments associated with an Iwi Partnership Agreement. 3) have regard to any relevant Iwi Partnership Agreement (or similar relief).

Reforms to the RMA require the development of Iwi Partnership Agreement


D.2.6 Managing adverse effects on historic heritage

Support The FNDC District Plan review will seek to integrate terrestrial heritage management with marine and riparian heritage.

D.2.7 Managing adverse effects on indigenous biodiversity

Support in part – amend policy to require consideration of Significant Natural Areas (SNA’s).

SNA’s may be identified in areas subject to NRC consents.

D.2.8 Precautionary approach to managing effects on significant indigenous biodiversity

Support in part – amend policy to require consideration of Significant Natural Areas (SNA’s).

Support. The Far North District contains a large number of threatened or at risk species. Council would like to work with NRC, Councils and community to achieve region wide coordination of biodiversity management.SNA’s may be identified in areas subject to NRC consents.


D.3 Air Policies Provision Submission


D.3.1 General approach to managing air quality

Support D.3.1. Support - Council supports the inclusion of policies regarding dust. Council would like to work with NRC and industry groups to manage the adverse effects of dust. In particular Council support clause 7) requiring District Plan zoning to be taken into account and clause 8) which requires consideration of proximity to sensitive areas and alternatives.

D.3.2 Burning and smoke generating activities

Support The policy complements the FNDC nuisance bylaw that states “No person shall burn, or permit or suffer to be burnt, any matter or thing in such a manner as to be offensive”.

D.3.3 Dust and Odour Generating Activities

Support Council supports the inclusion of policies regarding dust. Council would like to work with NRC and industry groups to manage the adverse effects of dust. In particular Council supports requiring District Plan zoning and the sensitivity of the surrounding area to be taken into account.

D.3.4 Spray generating activities


D.4 Land and Water Policies Provision Submission


D.4.1 Water Quality Standards for Rivers

Oppose FNDC holds existing resource consents that are not

required to meet these standards.

D.4.2 Water Quality Standards for Lakes



D.4.3 Coastal Water Quality Standards



D.4.4 Coastal sediment quality standards



D.4.5 Maintaining overall water quality

Oppose Revert to wording from Draft Regional Plan “When considering an application for a resource consent to discharge contaminants to a water body or coastal water with water quality in a lower attribute state than set in a water quality limit, resource consent may only be granted if: 1) the exceedance is caused by any of the following: a) naturally occurring processes, or b) anthropogenic sources that cannot be remedied, or c) any dams or diversions, or regionally significant infrastructure lawfully established at


the notification date of this plan, and it is not practicable to restore the water body to its original condition, and 2) discharging to land is prohibitively expensive, and 3) the discharge is free of any toxic contaminants, and 4) non-toxic contaminants that cannot be removed from the discharge are offset by way of mitigation(s) in the catchment of the water body or coastal water.

D.4.6 Offsetting residual non-toxic contaminants

Support in part See request for definition of “non-toxic contaminant”.

D.4.7 Wastewater discharges to water Oppose – clarify the term “best practicable

option” It is unclear what constitutes a “best practicable option”. Does this mean ecologically, economically, culturally?

D.4.8 Zone of reasonable mixing

Oppose “smallest zone necessary” (or similar relief).

s107 of the RMA states that discharges to water, if after reasonable mixing, contaminants must not have any significant adverse effects on aquatic life. S69(3) RMA (rules in a regional plan relating to water quality) specifically allows the mixing zone. This policy appears more restrictive than s107 and s69 of the RMA?

D.4.9-D.4.11 Support Policy aligns with FNDC infrastructure provision, District Plan direction and community wellbeing.

D.4.12 Application of biosolids to land

Support in part

Seek clarification that sludge from a municipal wastewater treatment plant is a biosolid and can be applied to land.

D.4.13 Achieving freshwater quantity related outcomes

Support in part The LGA requires that FNDC continue to provide potable water. Water storage may be required to simultaneously meet freshwater outcomes and provide potable water.


D.4.14 Minimum Flows for Rivers

Support in part The LGA requires that FNDC continue to provide potable water. Water storage may be required to simultaneously meet freshwater outcomes and provide potable water. Some water takes may already have resource consent conditions that do not comply with the standards stated in this policy.

D.4.15 Minimum levels for lakes and wetlands

Support in part The LGA requires that FNDC continue to provide potable water. Water storage may be required to simultaneously meet freshwater outcomes and provide potable water.

D.4.16 Allocation limits for rivers

Support in part The LGA requires that FNDC continue to provide potable water. Water storage may be required to simultaneously meet freshwater outcomes and provide potable water. Some water takes may already have resource consent conditions that do not comply with the standards stated in this policy.

D.4.17 Allocation limits for acquifers

Support FNDC supports setting clear, certain evidence based allocation limits for the Aupouri aquifers. Reason – horticulture is a growing industry in the Far North. It relies on freshwater. Aquifers must be protected from salt intrusion to ensure the ongoing viability of horticulture.

D.4.18 Conjunctive surface water and ground water management

Support in part Rename policy ”conjunctive integrated surface water and groundwater management”.

Conjunctive is not a plain language term.

D.4.19 Exceptions to minimum flows or levels

Support This policy enables the continuation of existing resource consents for registered drinking water supply.

D.4.20 – D.4.22 Reasonable and Support in part

Applications for water takes that are not for Horticulture is a growing industry in the Far North. It relies on freshwater. Aquifers must be protected from salt


efficient use of water – irrigation

municipal, community, horticultural or productive purposes should have to demonstrate that they will not adversely affect existing water users. Priority should be given to potable water, stock animal and root stock supply as per D.4.19.

intrusion to ensure the ongoing viability of horticulture.

D.4.23 Conditions on water permits

Support This policy promotes good “water accounting” where on

paper allocations match actual use and takes.

D.4.25 – D.4.26 Support D.4.27 Wetlands – Requirements

Support in part

Offsetting and compensation is only appropriate if there are no reasonable alternatives to avoid, remedy or mitigate adverse effects. Ethical, ecological and cultural concerns need to be carefully considered in the design of biodiversity offsets and compensation as per Guidance on Good Practice Biodiversity Offsetting in New Zealand

D.4.28 Wetland – values

Support in part Amend policy to require consideration of cultural values of wetlands.

Wetlands provide habitat for biodiversity, cultural resources, hazard mitigation and landscape amenity. Activities such as swamp kauri extraction can adversely affect cultural value.

D.4.29 – D.4.30

Support Water storage and irrigation have potential to enable horticulture on the Districts versatile soils. This development is currently constrained by seasonal water shortages which may become more frequent as a consequence of climate change.

D.4.31 Managing the effects of land-disturbing activities

Support Council would like to work with NRC to achieve integrated management of the effects of earthworks and vegetation clearance. The district benefits when water quality is protected in potable water catchments and recreational areas.

http://www.doc.govt.nz/about-us/our-policies-and-plans/guidance-on-biodiversity-offsetting/

http://www.doc.govt.nz/about-us/our-policies-and-plans/guidance-on-biodiversity-offsetting/


D.5 Coastal Policies Provision Submission


D.5.1 Aquaculture – Benefits Support Aquaculture has been identified as an economic

opportunity for Maori post treaty settlement. D.5.2 Aquaculture – avoid adverse effects

Support in part Amend provision 2) “lawfully established land based activities in urban areas”

The proposed wording is more direct and easier to understand.

D.5.3 - D.5.4 Support Clause D.5.4. 2) Appropriately considers land based requirements of the activity.

D.5.9 Mooring outside mooring zones

Support FNDC supports clause D.5.9.1) which requires

consideration of the adequacy of landbased facilities.

D.5.10 New moorings with limited shore based facilities

Support in part Amend as follows: “adequate parking, toilet facilities, refuse disposal and dinghy storage from are provided at all times of the year at their own on private property near the proposed mooring”.

FNDC supports the policy because it acknowledges the need for all moorings to have appropriate shore based services, preferably on private property to reduce impact on public space. However, FNDC does not support the wording of the policy. The proposed wording reflects that shorebased facilities can be leased and ownership is not required.

D.5.13 Managing the effect of marinas

Support In particular FNDC supports D.5.12. 5) “take into account any relevant council structure plans, concept plans, strategies, reserve management plans, designations or additional limitations that apply to the adjoining land.”

D.5.22 – 23 Mangrove Removal

Support These policies enable infrastructure. Council occasionally has to clear mangroves to maintain sight lines on public roads, walking or cycling tracks, or around infrastructure near estuaries.


D.6 Natural Hazards Policies Provision Submission


D.6.1 Natural hazards – modification or damage to natural defences

Support FNDC is currently reviewing the Far North District Plan. The proposed regional plan policy is consistent with the RPS and with aligns with draft District Plan objectives.

D.6.2 Coastal hazards – hard protection structures


D.6.3 Re-consenting of materially damaged or destroyed buildings in high risk hazard areas


D.6.4 Flood hazard management – flood protection structures


D.6.5 Flood hazard management – development within floodplains



F. Objective Provision Submission


Objective

Council seeks the inclusion of the following objectives: 1. Regionally significant infrastructure Recognise and promote the benefits of regionally significant infrastructure, (a physical resource), which through its use of natural and physical resources can significantly enhance Northland’s economic, cultural, environmental and social wellbeing. 2. Economic activities – reverse sensitivity and sterilization The viability of land and activities important for Northland’s economy is protected from the negative impacts of new subdivision, use and development, with particular emphasis on either: (a) Reverse sensitivity for existing: (i) Primary production activities; (ii) Industrial and commercial activities; (iii) Mining*; or (iv) Existing and planned regionally significant infrastructure; or (b) Sterilisation of: (i) Land with regionally significant mineral resources; or (ii) Land which is likely to be used for regionally significant infrastructure.

The Proposed Regional Plan contains only one objective.

FNDC gave the following feedback to the Draft in 2016; “It is a novelty to see a Regional Plan with only one objective. Council staff have read the relevant section of the s.32 report which outlines why this approach was taken. We understand that the regional policy statement contains multiple specific objectives which NRC staff can refer to when processing consents.”

The single objective approach relies on the ability of resource consent decision makers to refer to higher order documents and Part.2 of the Resource Management Act. However, caselaw may change depending on the final outcome of the Davidson case. If upheld higher order documents and Part 2 can only be referred to if the relevant part of the operative plan is invalid, uncertain or incomplete. In the absence of objectives the Regional Plan policies may be insufficient to guide decision making.


*Includes aggregates and other minerals. 3. Integrated Catchment Management Integrate the management of freshwater and the subdivision, use and development of land in catchments to enable catchment-specific objectives for fresh and associated coastal water to be met.


Appendix H 1 – Wastewater Management Plans Provision Submission


H.1

Support in part Some of the requested information is not readily available. Consequently, NRC should assess and approve Wastewater Management Plans on a case by case basis. Network management plans can assist FNDC with asset management

Appendix H 2 – Stormwater Management Plans Provision Submission


H.2 Stormwater Network Management Plans

Support in part Some of the requested information is not readily available. Consequently, NRC should assess and approve Stormwater Management Plans on a case by case basis. Network management plans can assist FNDC with asset management


Item: 7.2

Meeting: Council – 26 October 2017 Name of item: Appointment to fill the Vacant Position on the

District Plan Review Elected Members Reference Group

Author: Tammy Wooster - Senior Policy Planner

Date of report: 15 September 2017


Purpose of the report To obtain endorsement from the Council to appoint a Councillor to the District Plan Review Elected Members Reference Group, to fill a vacant position.

Executive summary At the 19 July 2017 Strategy Committee meeting, Councillor Foy confirmed her resignation from the District Plan Review Elected Members Reference Group. It was agreed at that meeting to have Councillor Kitchen fill the vacant position. However no resolution was passed. This item is seeking to obtain the resolution to enable this decision.

This report was presented to the Strategy Committee meeting on 11 October 2017. The Strategy Committee makes the following recommendation to Council

Recommendation That the Council appoints Councillor Kitchen to the District Plan Review Elected Members Reference Group vacant position. That the Council appoints Deputy Mayor McInnes to the District Plan Review Elected Members Reference Group vacant position created by the resignation of Councillor Prime.

1) Background At the 19 July 2017 Strategy Committee meeting, Councillor Foy confirmed that she had resigned from being a member of the District Plan Review Elected Member Reference Group. Councillor Kitchen volunteered to fill this vacant position. This was supported by the other Councillors in attendance.

Following a review of how the Elected Members Reference Group was formed originally, it was discovered that resolutions were passed by the Strategy Committee on the 20 February 2017 and Council on the 30 March 2017 to form the group and who would be on it. The Councillors appointed via those resolutions were Prime, Foy, Court, Hookway and Vujcich.

At the July 2017 Strategy Committee, no resolution was made to change membership. A resolution is required to appoint Councillor Kitchen to the Elected Members Reference Group.

2) Discussion and options


The Strategy Committee has the following options:

Option 1

Endorse to Council the appointment of Councillor Kitchen.

This option is in keeping with what was decided at the 19 July 2017 Strategy Committee meeting. It will ensure that the same number of Councillors are involved in the group and that there is a Councillor representing the Te Hiku Ward.

Option 2

Endorse to Council the appointment of an alternative Councillor, rather than Councillor Kitchen.

This option may result in there being no representation for the Te Hiku Ward. It will not be in keeping with what was already informally endorsed by the Strategy Committee. This would still result in the same number of Councillors being involved in the group.

Option 3

Not endorse any Councillor to fill the vacant position.

This would result in there being 1 less Councillor in the group, which may affect the ability to hold meetings, due to people being unavailable. There would be no Councillor representing the Te Hiku Ward.

Option 1 is recommended.

Reason for the recommendation Appointing Councillor Kitchen is in keeping with the 19 July 2017 Strategy Committee meeting decision. It will ensure that there is representation for the Te Hiku Ward.

3) Financial implications and budgetary provision There are no financial implications or impact on budgetary provisions. The Elected Members reference group already exists, and the appointment will fill a vacant position.

Manager: Bill Lee - General Manager Strategic Planning and Policy Group (Acting)











Assessed as low significance as this is an appointment to fill a vacant position on a existing Elected Members Reference Group.


Every component of the District Plan review is assessed against existing policies of Council and outcomes of any community planning as per the requirements under the Act.


This is an appointment to fill a vacant position on a existing Elected Members Reference Group.


The review of a District Plan requires (by legislation) consultation with tangata whenua. In response to that requirement the District Planning Team supported the creation of the Tangata Whenua Advisory/Reference Group.


Any review of a District Plan requires (by legislation) consultation with affected persons.


None; as this is a appointment to fill a vacant position on an existing Elected Members Reference Group.




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