AGENDA

COUNCIL ORDINARY MEETING

COUNCIL CHAMBER MEMORIAL AVENUE

THURSDAY 16 FEBRUARY 2017

COMMENCING AT 11:00 AM

Council Membership His Worship the Mayor John Carter Deputy Mayor Tania McInnes

Councillors Ann Court Dave Hookway Colin Kitchen Sally Macauley Felicity Foy Willow-Jean Prime Mate Radich John Vujcich

Document number A1813474 FAR NORTH DISTRICT COUNCIL ORDINARY COUNCIL MEETING THURSDAY 16 FEBRUARY 2017 COMMENCING AT 11:00 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 (Acting) 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 The Mayor will address the Council on various matters including: • Speed bumps - beach • Warawara • Maromaku Domain

4.0 CONFIRMATION OF PREVIOUS MINUTES Document number A1813493

5.0 PRESENTATION FROM JOHN LAW John Law is to present to Council regarding the Twin Cycle Trail Governance Proposal 5.1 Pou Herenga Tai - Twin Coast Cycle Trail Governance Document number A1820152

6.0 STRATEGIC PLANNING AND POLICY 6.1 Proposed Litter Infringement Policy Document number A1803695 6.2 Easter Sunday Trading Submission Analysis Document number A1820031

Document number A1813481 6.3 Department of Conservation Kiwi Recovery Plan 2017-2027 Document number A1819116

7.0 DISTRICT SERVICES GROUP 7.1 Appointment of Independent Hearing Commissioner (RC 2170036) Document number A1819555 7.2 Customer Service Strategy Update Document number A1814044

8.0 CORPORATE SERVICES GROUP 8.1 Draft Local Governance Statement 2016-2019 Document number A1815384 8.2 Draft Triennial Agreement Document number A1812269 8.3 Amended Remuneration Determination Document number A1814628 8.4 Council Financial Report - 31 December 2016 Document number A1817612

9.0 TE HIKU COMMUNITY BOARD 9.1 Pukenui Wharf Road – Lease Proposal – Coastguard Houhora Document number A1822223 9.2 Perehipe Reserve, Whatuwhiwhi – Lease Proposal Document number A1822225

10.0 CHIEF EXECUTIVE OFFICER (ACTING) 10.1 Chief Executive Officer’s (Acting) Report – Period: December 2016/January 2017 Document number A1817260

11.0 CONSULTANTS His Worship the Mayor to provide a verbal report. Recommendation: THAT the verbal report from His Worship the Mayor be noted.

12.0 PUBLIC EXCLUSION 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 reasons as set out below: 1.0 Confirmation of Previous Minutes Reason: To enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial); AND THAT Adele Gardner - Chairperson Te Hiku Community Board; Mike Edmonds - Chairperson Kaikohe- Community Board; and Terry Greening - Chairperson Bay of

Document number A1813481 Islands-Whangaroa 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. 2.1 Wastewater Project - Reticulation Supplier Recommendation Reason: To enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial); AND THAT Adele Gardner - Chairperson Te Hiku Community Board; Mike Edmonds - Chairperson Kaikohe-Hokianga Community Board; and Terry Greening - Chairperson -Whangaroa 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.

3.1 Kerikeri Wastewater Project Update Reason: To enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial); AND THAT Adele Gardner - Chairperson Te Hiku Community Board; Mike Edmonds - Chairperson Kaikohe-Hokianga Community Board; and Terry Greening - Chairperson Bay of Islands-Whangaroa 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.

4.1 Arrangements to Progress the New Dog Pound Reason: To enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial); AND THAT Adele Gardner - Chairperson Te Hiku Community Board; Mike Edmonds - Chairperson Kaikohe-Hokianga Community Board; and Terry Greening - Chairperson Bay of Islands-Whangaroa 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.

5.1 Bridgewater Body Corporate 324525 and Others v Far North District Council and Others. Civ 2013-488-00434. Approval of Mandate for Mediation. Reason: To enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations

Document number A1813481

(including commercial and industrial); AND THAT Adele Gardner - Chairperson Te Hiku Community Board; Mike Edmonds - Chairperson Kaikohe-Hokianga Community Board; and Terry Greening - Chairperson Bay of Islands-Whangaroa 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.

5.2 Sea Spray Motel Unit - - Abandoned Land Reason: To enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial); AND THAT Adele Gardner - Chairperson Te Hiku Community Board; Mike Edmonds - Chairperson Kaikohe-Hokianga Community Board; and Terry Greening - Chairperson Bay of Islands-Whangaroa 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.

6.1 Papahawaiiki Stream Drainage Reason: To maintain the effective conduct of public affairs through - (i) The free and frank expression of opinions by or between or to members or officers or employees of any local authority, or any persons to whom section 2(5) applies, in the course of their duty; or (ii) the protection of such members, officers, employees, and persons from improper pressure or harassment. AND THAT Adele Gardner - Chairperson Te Hiku Community Board; Mike Edmonds - Chairperson Kaikohe-Hokianga Community Board; and Terry Greening - Chairperson Bay of Islands-Whangaroa 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.

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

14.0 CLOSE OF MEETING

Document number A1813481

Item: 4.0 MEETING: COUNCIL - 16 FEBRUARY 2017 Name of item: CONFIRMATION OF PREVIOUS MINUTES Author: Bianca Staines - Meetings Administrator Date of report: 05 January 2017 Document number: A1813493 Executive Summary 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 15 December 2016 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 3.17.3 states that no discussion shall arise on the substance of the minutes in any succeeding meeting, except as to their correctness.

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

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

Manager: Caroline Wilson - Manager District Administration Services Attachment 1: Council Minutes - 15 December 2016 - Document number A1807747

Document number A1813493 Page 1 of 2

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.

Relationship with existing policies and Not applicable. Community outcomes.

Possible implications for the relationship None of Māori and their culture and traditions with their ancestral land, water, site, waahi tapu, valued flora and fauna, and other taonga.

Views or preferences of persons likely to Yes be affected by, or to have an interest in the matter, including persons with disabilities, children and older persons.

Does the issue, proposal, decision or other No matter have a high degree of significance or engagement as determined under the Council's Policy #2124?

If the matter has a Community rather Not applicable. than a District wide relevance has the Community Board's views been sought?

Financial Implications and Budgetary There are no financial implications or the Provision. need for budgetary provision arising from this report.

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

Document number A1813493 Page 2 of 2 UNCONFIRMED

MINUTES OF THE MEETING OF THE FAR NORTH DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBER, MEMORIAL AVENUE, KAIKOHE ON 15 DECEMBER 2016 COMMENCING AT 11:07 AM PRESENT His Worship the Mayor John Carter Deputy Mayor Tania McInnes Councillors Ann Court Felicity Foy Sally Macauley Willow-Jean Prime Dave Hookway Colin Kitchen John Vujcich

APOLOGIES Mate Radich Councillor

IN ATTENDANCE Terry Greening Chairperson Bay of Islands-Whangaroa Board Mike Edmonds Chairperson Kaikohe-Hokianga Community Board Adele Gardner Chairperson Te Hiku Community Board

STAFF PRESENT Colin Dale Chief Executive Officer (Acting) Jacqui Robson General Manager- Infrastructure and Asset Management Roger Ackers General Manager - Corporate Services Group (Acting) Kathryn Ross General Manager - Strategic Planning and Policy Dr Dean Myburgh General Manager - District Services Jill Coyle Manager - People and Capability Greg Wilson Manager - District Planning Leslie Trussler Policy Advisor George Swanepoel In-House Counsel Bianca Staines Meetings 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 Council 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 Council. Acceptance of the apology shall be deemed to be granting of a leave of absence for that meeting. Resolved His Worship the Mayor/Kitchen THAT the apology from Councillor Radich be accepted. Carried Councillor Court requested her vote against the motion be recorded. There were no declarations of interest.

Document number A1807747 Page 1 of 12 UNCONFIRMED Council Meeting 15 December 2016 3.0 MAYORAL ANNOUNCEMENTS His Worship the Mayor spoke in regards to the pulp mill at Ngawha and the Electricity Authority. His Worship the Mayor mentioned a meeting around social issues to be held in Whangarei on the 19 December 2016. 4.0 CONFIRMATION OF PREVIOUS MINUTES Agenda item 4.0, document number A1802696, pages 1-14 refers. Reason for the resolution To confirm the minutes of the previous Council meeting as a true and correct record. Resolved His Worship the Mayor/Vujcich THAT Council confirm the minutes of the Council meetings held 24 November 2016 as a true and correct record. Carried 5.0 TABLED PAPERS Reason for the resolution An item that is not on the agenda for this meeting may be dealt with at the meeting if the local authority by resolution decides to do so and the presiding member explains at the meeting at a time when it is open to the public the reason why the item is not on the agenda and the reason why the discussion of the item cannot be delayed until a subsequent meeting. The matter to be considered is of considerable importance to this Council. Resolved His Worship the Mayor/Macauley THAT the matter of the “Continuance of the Executive Review Committee for the Recruitment of CEO” be considered by Council as a matter for urgent consideration as provided for in Section 46A(7) of the Local Government Official Information and Meetings Act 1987 to allow for appointment of a Chief Executive to continue in a timely manner. Carried Resolved His Worship the Mayor/Kitchen THAT the matter of the “Extraordinary Meetings of the Executive Review Committee and Council” be considered by Council as a matter for urgent consideration as provided for in Section 46A(7) of the Local Government Official Information and Meetings Act 1987 to allow for appointment of a Chief Executive to continue in a timely manner. Carried Continuance of the Executive Review Committee for the Recruitment of CEO Resolved His Worship the Mayor/Macauley THAT Council agree to the continuance of the Executive Review Committee and accepts its report for consideration in due course; AND THAT Council appoints Councillor Vujcich to the Committee. Carried Extraordinary Meetings of the Executive Review Committee and Council Resolved His Worship the Mayor/Kitchen

Document number A1807747 Page 2 of 12 UNCONFIRMED Council Meeting 15 December 2016 THAT Council agree to hold an extraordinary meeting of the Executive Review Committee on Monday 19 December 2016 at 10am, followed by an Extraordinary meeting of Council to be held on the same day at 11am. Carried 6.0 CORPORATE COMMITTEE 6.1. Appointment of an Independent Financial Expert to the Corporate Committee Agenda item 5.1, document number A1803050, pages 15-17 refers. Reason for the resolution The addition of independent financial, audit and risk skills will bring a more complete skill set for the Corporate Committee. Resolved Deputy Mayor McInnes/Vujcich THAT an independent person with financial, risk and audit expertise is appointed as a member to the Corporate Committee; AND THAT a procurement plan is developed to establish the skills sought and means by which candidates are identified, which is approved by the Procurement Board; AND THAT the Corporate Committee interview short-listed candidates and make a recommendation to the Council of the preferred candidate. Carried 7.0 STRATEGY COMMITTEE 7.1. Local Government Draft Position Statement - Climate Change Agenda item 6.1, document number A1803087, pages 19-22 refers. Reason for the resolution The report has been prepared to inform the Strategy Committee on the draft Local Government New Zealand Position Statement on climate change and the associated feedback prepared by Council staff. Resolved Deputy Mayor McInnes/Foy THAT Council retrospectively endorses the feedback to Local Government New Zealand on the Draft Position Statement on Climate Change. Carried Councillor Court requested her vote against the motion be recorded.

Document number A1807747 Page 3 of 12 UNCONFIRMED Council Meeting 15 December 2016 8.0 GOVERNANCE COMMITTEE 8.1. Adoption of Standing Orders Agenda item 7.1, document number A1803058, pages 23-102 refers. Reason for the resolution To present new Standing Orders for adoption by Council. Resolved Deputy Mayor McInnes/Prime THAT Council adopt the new Standing Orders as proposed by Council staff. Carried 8.2. Adoption of Code of Conduct Agenda item 7.2, document number A1803061, pages 103-165 refers. Reason for the resolution To propose a new Code of Conduct for adoption by Council. Resolved Deputy Mayor McInnes/Vujcich THAT Council adopt the proposed Code of Conduct; AND THAT Council appoint a panel to investigate complaints under the Code of Conduct and a further request on process for appointment be presented to the Governance Committee. Carried 8.3. Appointment of Community Board Chairpersons to the Governance Committee Agenda item 7.3, document number A1803066, pages 167-169 refers. Reason for the resolution To appoint the three Community Board Chairpersons to the Governance Committee. However in Governance Committee meetings, where matters in relation to the Chief Executive Officer review and appointment are discussed, should be attended by Councillors only. Resolved Deputy Mayor McInnes/Kitchen THAT Council appoint: - Chairperson of the Te Hiku Community Board; - Chairperson of the Bay of Islands-Whangaroa Community Board; - Chairperson of the Kaikohe-Hokianga Community Board; to the Governance Committee with speaking but not voting rights, with the exception of those meetings where the Chief Executive Officer review and appointment is being addressed, as this is to be discussed by Councillors only. Carried

Document number A1807747 Page 4 of 12 UNCONFIRMED Council Meeting 15 December 2016 8.4. Delegations Agenda item 7.4, document number A1803067, pages 171-175 refers. Reason for the resolution The recommendation proposes a starting point of modest delegations to Committees, so that Committees can develop comfort in decision-making rather than referring all matters within their remit to Council. Resolved Deputy Mayor McInnes/His Worship the Mayor THAT Council consider the proposed delegations to Council Committees; AND THAT Council adopt the proposed Committee delegations as set out in the attachment (Document number A1803068) with amendments. Carried 9.0 STRATEGIC PLANNING AND POLICY GROUP 9.1. Inspiring Stories Youth Leadership Programme Agenda item 8.1, document number A1797519, pages 177-194 refers. Reason for the resolution Council, along with Council (WDC), has applied for $30,000 from the Ministry of Youth Development (MYD) for regional representation of youth to be part of Inspiring Stories Youth Leadership. The Mayors of WDC and FNDC agreed to support Inspiring Stories as part of their commitment to Local Government NZ (LGNZ) Mayors Taskforce for Jobs. Originally the report was seeking support from Council to fund the $15,000 joining fee, if the grant application from MYD was unsuccessful. However, as the grant application to MYD was successful, Council can choose to fund $5000. Resolved Deputy Mayor McInnes/Prime THAT Council agrees $15,000 be allocated from Mayor’s Taskforce for Jobs to be part of Inspiring Stories Leadership Programme; if the Joint Application with Whangarei District Council to the Ministry of Youth Development Grant Fund is unsuccessful. THAT Council agrees $5,000 be allocated from the Mayor’s Taskforce for Jobs to be part of Inspiring Stories Leadership Programme. Carried 9.2. Hearing Commissioner’s Recommendations on Submissions to Proposed Plan Change 21 - National Policy Statement on Electricity Transmission Agenda item 8.2, document number A1797857, pages 195-271 refers. Reason for the resolution It is recommended that the Council adopt the Commissioner's recommendations as to do otherwise would delay implementation of the changes and at the worst necessitate a repeat of the hearing. Resolved Prime/Deputy Mayor McInnes THAT pursuant to Clause 10 of Schedule 1 of the Resource Management Act 1991, the recommendations of the Commissioner to allow, allow in part or not allow submissions and further submissions on Proposed Plan Change 21 - National Policy Statement on Electricity Transmission be adopted, such that the Proposed Plan Change is approved subject to consequential amendments arising from the decisions on submissions and further submissions;

Document number A1807747 Page 5 of 12 UNCONFIRMED Council Meeting 15 December 2016 AND THAT Council proceeds to notify the decision on Plan Change 21 - National Policy Statement on Electricity Transmission. Carried 9.3. Hearing Commissioner’s Recommendations on Submissions to Proposed Plan Change 19 - Review Of Chapter 16 Signs and Lighting Agenda item 8.3, document number A1785534, pages 273-304 refers. Reason for the resolution It is recommended that the Council adopt the Commissioner's recommendations as to do otherwise would delay implementation of the changes and at the worst necessitate a repeat of the hearing. Resolved Prime/His Worship the Mayor THAT pursuant to Clause 10 of Schedule 1 of the Resource Management Act 1991, the recommendations of the Commissioner to allow, allow in part or not allow submissions and further submissions on Proposed Plan Change 19 be adopted, such that Proposed Plan Change 19 - Review of Chapter 16 Signs and Lighting is approved subject to consequential amendments arising from the decisions on submissions and further submissions; AND THAT Council proceeds to notify the decision on Plan Change 19 - Review of Chapter 16 Signs and Lighting. Carried 9.4. Submission to the Commerce Committee Agenda item 8.4, document number A1797353, pages 305-309 refers. Councillor Court declared an interest in this item and and was invited to stay but not participate in discussions or vote. Reason for the resolution The timeframe for the submission was very short and there was no Committee or Council meeting to seek endorsement first. Resolved Prime/Deputy Mayor McInnes THAT Council retrospectively endorses the submission to the Commerce Committee. Carried 9.5. Easter Sunday Trading Consultation Agenda item 8.5, document number A1800801, pages 311-319 refers. Reason for the resolution The Shop Trading Hours Amendment Act 2016 allows for the District to adopt its own policy for Easter Sunday trading. The recommendation allows for the public to provide their views on whether or not general Easter Sunday trading should be allowed in their community. Resolved Prime/Vujcich THAT Council adopt the Easter Sunday Trading Policy Statement of Proposal for public consultation as amended in the meeting. Carried

Document number A1807747 Page 6 of 12 UNCONFIRMED Council Meeting 15 December 2016 9.6. Delegations - Appointments of Commissioners Agenda item 8.6, document number A1806684, pages 321-324 refers. Reason for the resolution This recommendation has been made simply to align the affected delegations with current position (job) titles. Resolved Prime/His Worship the Mayor THAT Council, pursuant to its powers under section 34A of the Resource Management Act 1991, makes the following delegations to the staff members specified below: 1) The power to appoint commissioners to hear and determine resource consent applications, notices of requirements given under section 168, 168A, 189, or 189A, and objections lodged under sections 357, 357A or 357B of the Resource Management Act 1991: • General Manager District Services • Manager - Resource Consents • Principal Planner 2) The power to appoint commissioners to the Plan Changes Hearing Panel: • General Manager - Strategic Planning & Policy • Manager - District Planning • Senior Planner Carried 10.0 TABLED PAPERS (CONT.) Reason for the resolution An item that is not on the agenda for this meeting may be dealt with at the meeting if the local authority by resolution decides to do so and the presiding member explains at the meeting at a time when it is open to the public the reason why the item is not on the agenda and the reason why the discussion of the item cannot be delayed until a subsequent meeting. The matter to be considered is of considerable importance to this Council Resolved His Worship the Mayor/Vujcich THAT the matter of the “Appointment of Replacement Independent Hearing Commissioner (RC 2170062)” be considered by Council as a matter for urgent consideration as provided for in Section 46A(7) of the Local Government Official Information and Meetings Act 1987 as, due to health concerns, the previously appointed Hearing Commissioner cannot attend. Carried Councillor Court declared an interest in this item and and was invited to stay but not participate in discussions or vote. Appointment of Replacement Independent Hearing Commissioner (RC 2170062) Resolved Deputy Mayor McInnes/Vujcich THAT pursuant to section 34A(1) of the Resource Management Act 1991 Council appoints Rob Lieffering (Chair) to the Joint Hearings Panel to hear and determine RC 2170062-RMALUC, being a land use application lodged by Ngawha Generation Limited. Carried

Document number A1807747 Page 7 of 12 UNCONFIRMED Council Meeting 15 December 2016 11.0 INFRASTRUCTURE AND ASSET MANAGEMENT 11.1. Notification of the Lindvart Park Reserve Management Plan Review Agenda item 9.1, document number A1801416, pages 325-328 refers. Reason for the resolution The options considered relate to the process by which council notified its intent to review the Lindvart Park Reserve Management Plan. The recommendation is to proceed on a limited notified basis. It is considered that consulting with only those parties who use or govern the use of the facilities on a regular basis, would provide for the most constructive feedback in a more efficient and effective manner. The review of the Lindvart Park Reserve Management Plan will not include a change to the reserve status, classification or purpose of the reserve. Resolved His Worship the Mayor/Court THAT Council, as the administering body of Lindvart Park, resolves to give notice of its intention to review the Lindvart Park Reserve Management Plan on a limited notified basis; AND THAT limited notification is inclusive of all sporting and governing bodies that have a direct interest in the Lindvart Park reserve. Amendment moved Hookway/Vujcich THAT Council, as the administering body of Lindvart Park, resolves to give notice of its intention to review the Lindvart Park Reserve Management Plan on a full notified basis, inclusive of the public at large as well as sporting and governing bodies that have a direct interest in the Lindvart Park reserve. The amendment became the substantive motion Reason for resolution Council felt that the public at large should be involved in the intent to review the reserve management plan. Council staff advised that this will incur further costs and time, however the counterargument to this was that having the public involved from the start could likewise save money and time. Resolved Hookway/Vujcich THAT Council, as the administering body of Lindvart Park, resolves to give notice of its intention to review the Lindvart Park Reserve Management Plan on a full notified basis, inclusive of the public at large as well as sporting and governing bodies that have a direct interest in the Lindvart Park reserve. Carried Deputy Mayor McInnes, Councillor Court, Councillor Foy and Councillor Prime requested their vote against the motion be recorded. Councillor Prime left the meeting at 11:57 am and returned at 11:59 am. 11.2. Waste Assessment November 2016 Agenda item 9.2, document number A1800381, pages 329-384 refers. Reason for the resolution In order for Council to comply with the requirements of the Waste Minimisation Act 2008, it is necessary to undertake a review of the current WMMP prior to June 2017 and allow the community the opportunity to submit on the draft WMMP. Council will consider all feedback and submissions received and will make a decision on the preferred options - as well as any amendments to the objectives, targets and

Document number A1807747 Page 8 of 12 UNCONFIRMED Council Meeting 15 December 2016 actions of the draft WMMP, during deliberations prior to adoption of the final WMMP on 11 May 2017. Resolved His Worship the Mayor/Deputy Mayor McInnes THAT Council adopts the Waste Assessment November 2016 and instruct staff to proceed with the review of the current Waste Management and Minimisation Plan, aligning its content to the findings in the Waste Assessment November 2016. AND THAT Council agrees that the Waste Management and Minimisation Plan 2017-23 be reviewed and adopted using the proposed timetable. Carried Councillor Hookway left the meeting at 12:22 pm and returned at 12:24 pm. 11.3. Kerikeri Plantation Reserve (Redwoods) Utilities Easement Across Panhandle - Kerikeri Village Trust Agenda item 9.3, document number A1805520, pages 385-390 refers. Reason for the resolution The trust would like to commence work on the stormwater and wastewater infrastructure as soon as practicable Resolved His Worship the Mayor/Deputy Mayor McInnes THAT Council, in its role as the administering body of the Kerikeri plantation reserve legally described as Lot 4 DP 79582 CFR NA35D/880, and pursuant to its powers under section 48 of the Reserves Act 1977, grants a stormwater and wastewater easement over the panhandle portion of the plantation reserve; AND THAT Council, in its role as the Minister of Conservation’s delegate, and pursuant to the Minister’s powers under section 48 of the Reserves Act 1977, consents to the grant of the proposed stormwater and wastewater easement. AND THAT the easement will be limited to the pipeline. Carried Councillor Court requested her vote against the motion be recorded. 11.4. Easement Over Local Purpose (Community Facilities) Reserve - Te Ahu Centre, Kaitaia Agenda item 9.4, document number A1805524, pages 391-396 refers. Reason for the resolution The easement proposal is a practical solution to an historic problem. Resolved Foy/Kitchen THAT Council, as the reserve administering body, grants an easement over Lot 1 DP69447 NA25B/1474 Local Purpose (community facilities) Reserve, in favour of Lot 1 DP167332 NA101C/266 and Lot 1 DP176647 NA102D/626 Kaitaia Agricultural and Pastoral Association Incorporated, for the following purposes: right of way, right to convey electricity, telecommunications and computer media, right to convey water, and right to drain sewage; AND THAT Council as the Minister of Conservation’s delegate consents to the granting of the above easement over NA25B/1474 in favour of NA101C/266 and NA102D/626;

Document number A1807747 Page 9 of 12 UNCONFIRMED Council Meeting 15 December 2016 AND THAT Council notes that practical access to NA101C/266 and NA102D/626 will continue to be the existing Te Ahu Centre entrance and exit from SH1. Carried 11.5. Civil Defence Kaikoura Earthquake 2016 Agenda item 9.5, document number A1805532, pages 397-401 refers. Reason for the resolution To provide an overview of the response to the Kaikoura earthquake on 14 November 2016 and provide an opportunity to enhance Civil Defence Emergency Management (CDEM) capability in the Far North. Resolved His Worship the Mayor/Kitchen THAT the report entitled “Civil Defence Kaikoura Earthquake 2016” be noted. Carried 12.0 CORPORATE SERVICES GROUP 12.1. Councillor Training and Conference Attendance Report Agenda item 10.1, document number A1802814, pages 403-409 refers. Reason for the resolution 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 Court/Kitchen THAT the reports attached entitled: a) “Report To Council - November Road Controlling Authorities Forum & Special Interest Group Low Volume Roads” dated 23 November 2016; be noted. Carried 12.2. Council Calendar of Meetings 2017 Agenda item 10.2, document number A1803379, pages 411-413 refers. Reason for the resolution To ensure all Elected Members are available for relevant meetings and to allow adequate resources for processing all requirements for meetings. Resolved His Worship the Mayor/Prime THAT Council adopt the proposed ‘Draft Schedule of Formal Far North District Council meetings for 2017’ (Document number A1804687); AND THAT Council delegate the authority to amend the Schedule of Far North District Council meetings for 2017 to the Chief Executive Officer (Acting). Carried

Document number A1807747 Page 10 of 12 UNCONFIRMED Council Meeting 15 December 2016 13.0 PUBLIC EXCLUSION Agenda item 11.0 refers. 13.1. Resolution to Exclude the Public Resolved Kitchen/His Worship the Mayor 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 below: 1.0 Confirmation of Previous Minutes Reason: To enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial); AND THAT Adele Gardner - Chairperson Te Hiku Community Board; Mike Edmonds - Chairperson Kaikohe-Hokianga Community Board; and Terry Greening - Chairperson Bay of Islands-Whangaroa 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. 2.1 Acquisition of Property for Kerikeri CBD Ring Road Reason: To enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial); AND THAT Adele Gardner - Chairperson Te Hiku Community Board; Mike Edmonds - Chairperson Kaikohe-Hokianga Community Board; and Terry Greening - Chairperson Bay of Islands-Whangaroa 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. 3.1 Appointment of Auditors Reason: To enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial); AND THAT Adele Gardner - Chairperson Te Hiku Community Board; Mike Edmonds - Chairperson Kaikohe-Hokianga Community Board; and Terry Greening - Chairperson Bay of Islands-Whangaroa 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. 4.1 CEO Quarterly Performance Review Against Objectives For The Period Ending 30 September 2016 Reason: To protect the privacy of natural persons, including that of deceased natural persons. AND THAT Adele Gardner - Chairperson Te Hiku Community Board; Mike Edmonds - Chairperson Kaikohe-Hokianga Community Board; and Terry

Document number A1807747 Page 11 of 12 UNCONFIRMED Council Meeting 15 December 2016 Greening - Chairperson Bay of Islands-Whangaroa 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. 5.1 Chief Executive Appointment (Pulled) 5.2 Lindvart Park - Sportsville (Pulled) 5.3 Litigation Update Reason: To enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial); AND THAT Adele Gardner - Chairperson Te Hiku Community Board; Mike Edmonds - Chairperson Kaikohe-Hokianga Community Board; and Terry Greening - Chairperson Bay of Islands-Whangaroa 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 14.0 CONFIRMATION OF RESOLUTIONS IN OPEN MEETING Agenda number 12.0, refers. Reason for the resolution Having considered the information and made decisions with the public excluded on the matters specified, Council confirms its decision as to which information and decisions should now be disclosed to the public. Resolved His Worship the Mayor/Vujcich THAT Council confirms that the information and decisions contained in the part of the meeting held with the public excluded are not to be restated in public meeting. Carried 15.0 CLOSE OF MEETING The meeting closed at 2:18 pm

Chairperson

____/____/____

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Item: 5.1 MEETING: COUNCIL - 16 FEBRUARY 2017 Name of item: POU HERENGA TAI - TWIN COAST CYCLE TRAIL GOVERNANCE Author: Vicki Begbie - Manager Business Development Date of report: 24 January 2017 Document number: A1820152 Executive Summary The purpose of this report is to inform Council about developments on the Twin Coast Cycle Trail in relation to establishing a governance structure to manage the overall operations of the trail. The report provides a background in relation to the establishment of the Twin Coast Cycle Trail Working Party, the role of the Working Party, and the proposed governance model. Recommendation THAT Council consider and adopt the Pou Herenga Tai - Twin Coast Cycle Trail Governance structure; AND THAT Council receive the presentation on the proposed Governance Structure; AND THAT Council staff and management progress a draft 12 month transition business plan for input to the annual plan.

1) Background The construction of the Twin Coast Cycle Trail is nearing completion, apart from Long Bridge () and the building of the permanent cycle trail alongside the rail track between Taumarere to . Council have been tasked with the construction of the Twin Coast Cycle Trail and now consideration needs to be given to the ongoing management, operations, marketing, promotion and administration of the Twin Coast Cycle Trail. The Twin Coast Cycle Trail has the potential to have a significant impact on the local economy, create employment in the district, business and recreation opportunities and showcase the cultural diversity of the Far North. The primary objectives of Pou Herenga Tai Twin Coast Cycle Trail are: • To create jobs through the design, construction and maintenance of the cycle way network; • To create a high-quality tourism destination and provide on-going employment and economic development opportunities for the regional economies; • To maximize the range of complementary benefits that the cycle network provides to a wide range of New Zealanders. This includes events, recreational, health and other benefits. The Cycle Trail Working Party was brought together in 2016. The Working Party is a temporary body, with members nominated by communities adjacent to the cycle way, in order to represent those communities and to provide guidance, advice and make

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recommendations to Council on an appropriate governance and business structure for the Twin Coast Cycle Trail.

2) Discussion and Options The Cycle Trail Working party has defined the key roles and responsibilities of the legal entity to manage and operate the Twin Coast Cycle Trail, and to provide feedback to their respective communities and stakeholders, and recommend a suitable community-driven legal structure and entity for the ongoing leadership, management, marketing and promotions and operations of Pou Herenga Tai - Twin Coast Cycle Trail. Key Facts • Council holds a lease with Kiwirail for a large portion of the rail corridor; • Council is negotiating a lease agreement with Bay of Islands Vintage Railway Trust for an area to construct a permanent cycle way between Kawakawa and Opua; • Council holds easements with various landowners for the balance of the land used by the Trail; • Council will retain leases and easements with landowners and Kiwirail, and the lease agreement currently under negotiation with Bay of Islands Vintage Railway Trust; • Council will own the Cycle Trail asset; • Council has made a commitment to work with the community and put in place a governance structure that will enable the trail to reach its potential; • Council will own and manage the assets, and the Twin Coast Cycle Trail entity will be responsible for governance, overall management and operations. Legal Structures The most common structure adopted by other trails throughout New Zealand is a charitable trust. The biggest advantage of the charitable trust is a vehicle to raise funds. There is flexibility in terms of the number of trustees, and how the trust can be structured. The working party reviewed the existing governance models of; • Rotorua Trails Trust • Motu Trails (Opotiki) • Whakatipu Trails Trust (Queenstown) All three are charitable trusts with MOU or service contracts in place with their respective Councils. The working party also discussed the features and benefits of a limited liability company, reference groups, incorporated society and a loose partnership arrangement. The Cycle Trail Working Party resolved to: • Form a registered charitable trust, and an operating structure that preserves it’s charitable status, and enables the on boarding of the right business skills, acumen and passion; • The membership of that Trust would be made up of trustees representing the trail to ensure community buy-in; • There be two trustees for each section of the trail with one vote: o to Okaihau (Lake Omapere) o Okaihau (Lake Omapere) to Kaikohe (Rakautao)

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o Kaikohe (Rakautao) to (Waipuna) o Waipuna to Kawakawa )Taumarere) o Kawakawa (Taumarere) to Opua o Two Council appointed Trustees. Under this type of structure if the trail extends i.e. Opua to Paihia, Horeke to Kohokohu to Opononi, these will become new sections and will have their own trustees represented on the board and the community fairly represented. Potential Risks and Issues • Health and Safety - Accidents - ACC; • Trustee indemnity - Trustees are indemnified by the Trust; • Trustee’s with the right balance of vision, business skills and experience to enable the trail to be a success and reach its full potential; • The need to understand the cultural significance of the Twin Coast Cycle Trail. The features of proposed governance structure - Pou Herenga Tai - Twin Coast Cycle Trail Charitable Trust: • Trustees are community appointed from each section of the trail. Preferably two trustees per section with one vote; • Council shall have the power to appoint two trustees each with voting rights; • Rotation of trustees to ensure retention of skills and continuity; • No liability of trustees; • Disclosure of conflict of interest; • No private pecuniary benefit; • Not to affect tax status; • Residual assets transfer to Council upon dissolution of trust; • Service Agreement between Council and the proposed Charitable Trust which details the responsibilities of the proposed Trust and Council, and performance measures regarding the intent and purpose of Council funding granted to the proposed Trust to support business operations. Council and the Twin Coast Cycle Way governance entity will need to acknowledge the Bay of Islands Vintage Railway Trust as a key stakeholder and interested party between the Kawakawa - Opua section of the Twin Coast Cycle Trail and the special relationship with the proposed Twin Coast Cycle Trail Trust. Transition to the proposed governance model Once the proposed governance structure of a charitable trust is adopted by Council, there will be a transition process Council, together with the Trust, undertakes over an agreed period of time. This process will identify, develop and operationalize: • Finalise the roles and responsibilities of the Trust and Council; • The proposed Trust will need to review the operational structure in terms of retaining a charitable status • Development of a transitional 12 month business plan, containing objectives and priorities, business plan, the proposed Trust’s organisation structure, supporting budgets; • Set up of trust administration, IRD compliance, banking facilities; • Employment of general manager and other staff to support structure; • Development of a service contract between the proposed Trust and Council for funding and performance measurements

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• Commence 3-5 year strategy incorporating draft marketing plan already developed; • Hand-over of agreed functions to the proposed Trust when the structure is in place to receive.

3) Financial implications and budgetary provision At this stage $580,000 is allocated in the 2017-2018 annual plan for the Cycle Trail: • Repairs and maintenance $ 300,000 • Marketing and professional services $ 80,000 • Transition, set-up and salaries (placeholder) $ 200,000 The development of a transition plan together with resources and timeframes will enable a more accurate requirement to fund the cycle trail in the first transition year.

4) Reason for the recommendation With the Cycle Trail nearing completion a governance structure needs to be put in place, in order for it to reach its full potential as a cycle trail and a key tourist destination for the Far North. The proposed structure is community and business led, a charitable trust with the ability maximise fundraising activities, and be responsible for the ongoing strategic direction, management, marketing and promotion and operations of the cycle trail. The Working Party considers a charitable trust to be the most appropriate governance model, and is a recognised legal and business structure with other cycle trails in New Zealand.

Manager: Roger Ackers - (Acting) General Manager - Corporate Services Group Jacqui Robson - General Manager - Infrastructure and Asset Management Group Attachment 1: Draft Far North Cycle Trail Charitable Trust - Document number A1820150 Attachment 2: Cycle Trail Working Party presentation - Document number A1820154

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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.

Relationship with existing policies and Not applicable. Community outcomes.

Possible implications for the relationship Not applicable. of Māori and their culture and traditions with their ancestral land, water, site, waahi tapu, valued flora and fauna, and other taonga.

Views or preferences of persons likely to Not applicable. be affected by, or to have an interest in the matter, including persons with disabilities, children and older persons.

Does the issue, proposal, decision or other Not applicable. matter have a high degree of significance or engagement as determined under the Council's Policy #2124?

If the matter has a Community rather than Not applicable. a District wide relevance has the Community Board's views been sought?

Financial Implications and Budgetary There are no financial implications or Provision. need for budgetary provision. Chief Financial Officer review The Chief Financial Officer has not reviewed this report.

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FAR NORTH CYCLE TRAIL CHARITABLE TRUST

MAYOR, FAR NORTH DISTRICT COUNCIL (SETTLOR)

And

1……………………. 2……………………. 3……………………. 4……………………. 5……………………. 6……………………. 7……………………. (TRUSTEES)

CHARITABLE TRUST DEED

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Clause No.

1. Establishment of Trust 2. Definitions and Interpretation 3. Charitable Purpose 4. Trusts 5. Trustees 6. Appointment and Removal of Trustees 7. Trustees' General and Specific Powers 8. Administration of Trust 9. Bank Accounts and Financial Records 10. Trustees Liability and Indemnity 11. Interested Trustee 12. No Private Pecuniary Profit for any Individual and Exceptions 13. Restrictions on Benefits to and Influence by Interested Persons 14. Allocation of Receipts 15. Office of the Trust 16. Common Seal 17. Alterations of Terms of Deed 18. Winding Up 19. Governing Law 20. Council Organisation

Schedules

A. Trustee's Specific Powers B. Deed of Accession

CHARITABLE TRUST DEED

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THE DEED dated the ____ day of ______20__.

PARTIES JOHN CARTER (“Settlor”)

AND 1. ……………………….. 2. ……………………….. 3. ……………………….. 4. ……………………….. 5. ………………………. 6. ………………………. 7. ………………………. ("Trustees")

INTRODUCTION

A. The Settlor wishes to establish a trust for the charitable purpose, amongst other things, of providing, maintaining, resourcing, promoting and managing a coast to coast cycle trail as approved by the Trustees from time to time.

B. The Settlor shall pay into the name of the Trustees the sum of $10 to be held by the Trustees upon the trusts and with the powers set out in this deed.

C. Further moneys and property shall be invested and used in accordance with the objects and powers as set out in this trust deed.

D. The current Trustees and the Far North District Council have agreed that in order to give effect to the objectives of this Charitable trust deed the trust board needs to have autonomy and control of the cycle trail and administer it subject to the powers and provisions expressed in this deed.

THIS DEED RECORDS that:

1. ESTABLISHMENT OF TRUST

1.1 The Settlor shall contemporaneously with the signing of the deed pay to the Trustees the sum of $10 ("Trust Fund") which the Settlor directs the Trustees to hold and which the Trustees acknowledge and declare that they hold upon the trusts and with the powers set out in this deed.

1.2 The name of this trust shall be "______CHARITABLE TRUST".

2. DEFINITIONS AND INTERPRETATION

Definitions

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2.1 In this deed the following terms where the context admits shall have the following meanings:

"Charitable Purpose" has the same meaning as is given to that term in clause 3.1.

"Council" means the Far North District Council and its successors.

"Council Trustee" means a Trustee appointed or deemed appointed pursuant to clause 6.2.

“Cycle Trail” means

"Property" means any real or personal property of any kind or nature and includes any right or interest therein.

"Trustees" includes all of the trustees for the time being of this deed, including any Council appointed Trustees, whether original, additional or substituted.

"Trust Fund" means:

(a) the sum of $10 referred to in clause 1.1 of this deed being the initial capital settled on the Trustees; and

(b) all other moneys or Property paid or transferred to or acquired by the Trustees to be held by them upon the trusts established by this deed; and

(c) all accumulations of income made pursuant to clause 4.3 of this deed and all other accretions to capital; and

(d) all moneys invested and Property from time to time representing the items mentioned in (a), (b) and (c) of this definition.

Interpretation

2.2 In this deed:

(a) the singular includes the plural and vice versa;

(b) references to clauses are to clauses in this deed (unless stated otherwise);

(c) where the context permits, references to a "person" include any individual, firm, company, corporation or unincorporated body of persons, any public, territorial or regional authority, any government, and any agency of any government or of any such authority; and

(d) all references to legislation are (unless stated otherwise) references to New Zealand legislation and include all subordinate legislation, any re- enactment of, or amendment to, that legislation and all legislation passed in substitution for that legislation.

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3. CHARITABLE PURPOSE

3.1 The Trustees shall hold the Trust Fund upon trust to pay or apply in New Zealand the income and capital of the Trust Fund in such amounts and at such times, and subject to such terms and conditions, as the Trustees may decide for the following "Charitable Purpose":

PROVIDING, MAINTAINING, RESOURCING, PROMOTING AND MANAGING THE COAST TO COAST CYCLE TRAIL FOR THE BENEFIT, USE AND ENJOYMENT OF THE CYCLING PUBLIC AND SURROUNDING COMMUNITIES.

Means of Achieving Charitable Purpose

3.2 The Trustees may, in order to achieve the Charitable Purpose, in addition to all other powers vested in the Trustees:

(a) Accept and receive subscriptions, donations, subsidies, grants, endowments, gifts, legacies, loans, and bequests and monies, in kind or partly in both;

(b) Publish and distribute brochures and any other means of dissimilating information relating to the Trust and the Charitable Purpose;

(c) Subsidise, encourage and incorporate with any other person, organization or group (whether incorporated or not) sharing similar charitable objects with the Trust; and

(d) Undertake such other activities and enterprises as the Trustees may decide will further the Charitable Purpose.

(e) Establish an operating company and employ such staff as the Trustees deem necessary in order to achieve the Charitable Purpose.

4. TRUSTS

4.1 The Settlor directs and declares that the Trustees acknowledge that they shall stand possessed of the Trust Fund upon the trusts and with the powers set forth in this deed.

4.2 The Trustees shall hold the Trust Fund upon trust:

Administration Expenses

(a) To pay out of the annual income of the Trust Fund for each income year all expenses, costs and commissions of and incidental to the administration of the Trust;

Application of Income

(b) To use or apply, or decide not to use or apply, the balance of the annual income for each income year or such part thereof as the Trustees think fit for the Charitable Purpose; and

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Application of Capital

(c) To use or apply any of the capital of the Trust Fund for the Charitable Purpose as the Trustees may from time to time determine, without first using or applying the whole or any portion of the income of the Trust Fund for any income year.

Payment of Income and Capital

4.3 The capital and income of the Trust Fund shall be applied within New Zealand to meet the Charitable Purpose.

Capitalising of Income

4.4 Any income of any income year not so paid or applied within six months after the end of that income year shall be accumulated and added to the capital of the Trust Fund.

Reserves

4.5 The Trustees may set aside reserves or accumulations for future use or application.

Perpetuity

4.6 The Trust created by this deed shall continue in perpetuity unless the Trustees decide to wind up the Trust.

5. TRUSTEES

Number of Trustees

5.1 The Trustees shall consist of no fewer than SEVEN persons.

Cessation of Office of Trustee

5.2 A Trustee shall cease to hold office and shall be deemed to have retired if that Trustee:

(a) resigns by giving notice to the remaining Trustees; or

(b) fails to attend three consecutive meetings of the Trustees without leave of absence unless it appears to the Trustees at the first meeting after the last of such absences that there is proper reason in each instance for such non- attendance; or

(c) becomes of unsound mind or subject to an order under the Protection of Personal and Property Rights Act 1988, or otherwise becomes unfit or unable to act as a trustee; or

(d) becomes insolvent or commits an act of bankruptcy; or

(e) dies; or

(f) is removed from office by the person holding that right by notice in writing to all Trustees; or

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(g) is no longer permitted to remain in office following expiry of the term of his or her appointment as a Trustee; or

(h) is convicted of an offence punishable by a term of imprisonment of not less than two years and has been sentenced to imprisonment for that offence; or

(i) is prohibited from becoming a director or promoter or being concerned or taking part in the management of any company under sections 382, 383 or 385 of the Companies Act 1993.

6. APPOINTMENT AND REMOVAL OF TRUSTEES

Signatories to the First Trustees

6.1 The persons named in this deed as Trustees shall be the first Trustees of the Trust:

(a) …………………… appointed as Council Trustees by the Council. Council shall forthwith have the right to appoint 2 (two) trustees pursuant to clause 6.2

(b) ………………………appointed as a KawaKawa Trustee pursuant to clause 6.3; and

(c) ……………………… appointed as a the Paihia/Opua Trustee pursuant to clause 6.3.

(d) etc….. for each trustee

Power of Appointment and Removal

6.2 The Council shall have the power to appoint one Council Trustee (and to remove the same at any time) by notice in writing to all Trustees.

6.3 Each Identified interest group along the cycle trail shall have the power to appoint one Trustee, (and to remove the same at any time) by notice in writing to all Trustees.

6.4 All Trustee appointments shall be for a term of up to of three years as determined by the person appointing the Trustee pursuant to clauses 6.3 although a Trustee may be reappointed for a further term or terms.

6.5 To ensure retention of skills and continuity : (a) two of the trustees shall stand for an initial period one year unless reappointed; and

(b) a further two trustees shall stand for an initial period of two years unless reappointed; and

(c) Thereafter trustees shall stand for a three year term unless reappointed.

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6.6 The power to appoint and remove:

(a) Notwithstanding clauses 6.2 and 6.3 any trustee may by a resolution of 75% of the board of trustees passed at a regular meeting or board meeting called specifically for that purpose remove a trustee.

Deed of Accession

6.7 The Trustees shall ensure that no person shall be appointed as a trustee of the Trust unless that person has signed and deposited with his or her appointer a deed of accession binding that person to the terms of this deed in, or substantially in, the form appearing as schedule B.

7. TRUSTEES' GENERAL AND SPECIFIC POWERS

Charitable Purpose

7.1 Subject to clause 7.4, the Trustees shall promote the Charitable Purpose and shall act on the Trust's behalf under the powers of the Trustees, except as specified and provided for in clause 7.3, and shall only be limited or restricted by any principle or construction or rule of law, statutory power or provision to the extent that such is obligatory.

Specific Powers

7.2 Without limiting the generality of clause 7.1, and merely by way of example, the Trustees shall have all of the powers set out in schedule A, which may be exercised either by the Trust on its own or jointly with other persons or groups.

Exercise Powers Independently

7.3 None of the powers or authorities conferred on the Trustees by clauses 7.1 and 7.2 or otherwise shall be deemed subsidiary or ancillary to any other powers or authority and the Trustees shall be entitled to exercise all or any of the said powers and authorities independently of any other or others of them. In the event of any ambiguity this provision shall be construed so as to widen and not restrict the powers of the Trustees PROVIDED HOWEVER that at no time can any provision be construed as to detract from the Charitable Purpose.

7.4 The Trustees shall not have the following powers:

(a) The power to lend money to any person real or legal;

(b) The power to bind the trust as guarantor for any person real or legal; and

(c) The power to invest in any property outside New Zealand.

8. ADMINISTRATION OF TRUST

Meetings

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8.1 The Trustees shall meet to conduct business at meetings which shall be held at such intervals as required by law or, in the absence of any direction at law, at such intervals as the Trustees may decide. The Trustees may invite to such meeting whatever other person or persons as the Trustees may decide to assist with their deliberations.

Chairperson, Treasurer and Secretary

8.2 The Trustees shall hold an annual general meeting for the purposes of:

(a) considering the annual financial statements,

(b) appointing or reappointing trustees;

(c) selecting (if contested by majority vote) a standing Trustee to act as the chairperson and a deputy chairperson to assist, to chair all meetings of the Trust for the next financial year Where the chairperson is absent, the deputy chairperson or failing him/her, the Trustees present may select one of them to chair that meeting . The chairperson shall not have a casting vote. Chairperson position shall come up annually and the incumbent can be reappointed;

(d) appointing a treasurer, secretary, auditor, solicitor and accountant for the financial year, such appointment can be contracted out to third parties with the necessary skills.

(e) The board shall have the right to appoint any third party with the necessary skills to the board to assist with promoting and achieving the objects of the trust. Such person shall not be entitled to vote at meetings.

Voting

8.3 Except as expressly provided otherwise by this deed any matter requiring decision at a meeting of the Trustees should be decided by a simple majority of the Trustees personally present and voting on the matter. A Trustee linked by telephone or avl for the meeting shall, for all purposes, be regarded as personally present and be able to vote on any matter

Resolution in Writing

8.4 A resolution in writing signed by all the Trustees shall be as valid and effectual as if it has been passed at a meeting of the Trustees. Any such resolution may consist of several like documents each signed by one or more Trustees.

Convening Meetings

8.5 Any two Trustees may at any time give notice convening a meeting of the Trustees. Such notice shall be given by letter posted to each Trustee at their usual home address at least 10 days before the date of the proposed meeting. The notice must state the time and place of the meeting and, in efficient terms, the nature of the business to be transacted.

Quorum

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8.6 The quorum for a meeting of Trustees shall be no less than five of the Trustees then holding office.

Minutes

8.7 Minutes of the proceedings of all meetings of the Trustees( including by telephone or avl) shall be recorded and electronic and/or hardcopies of the minutes kept. Every such minute shall be prima facie evidence of the matters recorded.

Meetings by Telephone or Audio Visual Link

8.8 The contemporaneous linking of the Trustees by telephone or audio visual link (“avl”) shall constitute a meeting of the Trustees. The provisions of this clause shall apply and be adhered to for all meetings of Trustees:

(a) Notice: Each Trustee shall be entitled to at least two days notice of such a meeting by telephone or avl and to be linked by telephone or avl for the purposes of the meeting.

(b) Hearing: Each of the Trustees taking place in the meeting by telephone or avl must be able to hear each of the other Trustees taking part during the whole of the meeting.

(c) Acknowledge Presence: At the commencement and conclusion of such meeting each Trustee must acknowledge his or her presence.

(d) Withdrawal: A Trustee may not withdraw from such a meeting unless that Trustee has previously obtained the express consent of the chairperson of the meeting to do so.

(e) Quorum: A Trustee linked by telephone or avl for the purposes of the meeting shall be conclusively presumed to form part of the quorum of such meeting throughout the meeting unless that Trustee obtains the express consent of the other Trustees to withdraw from such a meeting.

Validity of Proceeding

8.9 All actions resulting from a resolution passed by the board of Trustees or by any person acting as Trustee shall;

(a) notwithstanding that it is afterwards discovered that there was some defect in the appointment of any such Trustee or Trustees; or

(b) that any Trustee was for any reason disqualified from holding office as Trustee; or

(c) that there was an accidental failure to comply with clauses 8.1 to 8.8;

be as valid as if such Trustee had been duly appointed and was qualified to hold office as a Trustee and the requirements of clauses 8.1 to 8.8 had been complied with.

Delegation of Powers

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8.10 The Trustees may delegate to any committee of Trustees or employee of the Trust such of the powers and the functions of the Trustees as the Trustees may decide except the power to borrow or raise money or security of whatever kind and in respect of any such delegation:

(a) Terms and Delegation: Any committee of Trustees or employees acting under delegated power shall act in accordance with the terms of this deed and, in an absence of proof to the contrary, shall also be presumed to be acting within the terms of the delegation;

(b) Revocation of Delegation: The Trustees may revoke wholly or partly any delegation of the powers and functions of the Trustees at any time;

(c) Conduct: Subject to any directions given by the Trustees, any committee of Trustees or employee to which any powers of the Trustees have been delegated shall conduct its affairs as that committee or employee may decide; and

(d) Restrictions: The Trustees may provide restrictions within which or rules by which such delegated powers are to be exercised.

9. BANK ACCOUNTS AND FINANCIAL RECORDS

Bank Accounts

9.1 The Trustees shall keep an account or accounts at such bank or banks as the Trustees may decide. Cheques, withdrawals and authorities shall be signed or endorsed, as the case may be, by such person or persons (including in all instances at least one Trustee) as the Trustees may decide.

Accounts and Audit

9.2 The Trustees shall cause true accounts, including an annual report, for each year to be kept in such manner as required by law, including any independent audit of the same.

Financial Year

9.3 The financial year of the Trust shall end on 30 June in each year or such other date as the Trustees shall determine.

10. TRUSTEES LIABILITY AND INDEMNITY

No Liability of Trustees

10.1 No Trustee or former Trustee shall be liable for any loss suffered by the Trust Fund unless attributable to that Trustee's own dishonesty, or to the wilful commission or omission by that Trustee of any act known by that Trustee to be a breach of trust. No Trustee shall be bound to take any proceedings against a co-Trustee or former Trustee for any breach or alleged breach of trust committed by a co-Trustee or former Trustee.

Indemnity of Trustees

Document number A1820150 Page 11 of 23

10.2 Each Trustee or former Trustee shall be entitled to a full and complete indemnity from the Trust Fund for any personal liability which that Trustee may incur in any way arising out of or in connection with that Trustee acting or purporting to act as a Trustee of the Trust, provided such liability is not attributable to that Trustee’s own dishonesty, or to the wilful commission or omission by that Trustee or an act known by that Trustee to be a breach of trust.

11. INTERESTED TRUSTEE

Disclosure of Interest

11.1 Any Trustee who is or may be in any other capacity whatever interested or concerned directly or indirectly in any property or undertaking which the Trust is or may be in any way concerned or involved shall disclose the nature and extent of that Trustee's interest to the other Trustees, and shall not take any part whatever in any deliberations of the Trustees concerning any matter in which that Trustee is or may be interested other than as a Trustee of the Trust.

Recording of Interest

11.2 A disclosure by an interested Trustee shall be recorded in the minutes of the meeting at which such disclosure is made. If any question shall arise at any meeting as to the materiality of a Trustee's interest or as to the entitlement of any Trustee to vote and such question is not resolved by that Trustee voluntarily agree to abstain from voting, such question shall be referred to the chairperson and the chairperson's ruling in relation to that Trustee shall be final and conclusive except in any case where the nature or extent of the interest of that Trustee has not been fully disclosed.

12. NO PRIVATE PECUNIARY PROFIT FOR ANY INDIVIDUAL AND EXCEPTIONS

No Private Pecuniary Profit

12.1 No private pecuniary profit may be made by any person from the Trust, except that:

(a) any Trustee may receive full reimbursement for all expenses properly incurred by that Trustee in connection with the affairs of the Trust;

(b) the Trust may pay a reasonable remuneration to any officer or servant of the Trust (whether a Trustee or not) and in return for services actually rendered to the Trust;

(c) any Trustee may be paid all usual professional, business or trade charges for services rendered, time expended or all acts done by that Trustee or by any firm or entity of which that Trustee is a member, employee or associate in connection with the affairs of the Trust;

(d) any Trustee may retain any remuneration properly made to that Trustee by any company or undertaking with which the Trust may be in any way concerned or involved for which that Trustee has acted in any capacity whatsoever, notwithstanding that the Trustee's connection with that company or undertaking is in any way attributable to that Trustee's connection with the Trust.

Document number A1820150 Page 12 of 23

Trustees to Comply With Restrictions

12.2 The Trustees, in determining all reimbursements, remuneration and charges payable in terms of this clause shall ensure that the restrictions imposed by the following clause 13 are strictly observed.

13. RESTRICTIONS ON BENEFITS TO AND INFLUENCE BY INTERESTED PERSONS

Recipients not to Influence Benefits

13.1 Notwithstanding anything contained or implied in this deed, any person who is:

(a) the Settlor or a Trustee of the Trust; or

(b) a shareholder or director of any company carrying on any business of the Trust; or

(c) a Settlor, settlor or trustee of any trust which is a shareholder of any company carrying on any business of the Trust; or

(d) an associated person (as defined by the Income Tax Act of 2004) of any such Settlor, settlor, trustee, shareholder or director,

shall not by virtue of that capacity in any way (whether directly or indirectly) determine, or materially influence in any way the determination of the nature or the amount of any benefit or advantage or income or the circumstances in which it is or is to be received, gained, achieved, afforded or derived by that person.

Professional Account and Influence

13.2 A person who in the course of and as part of carrying on of his or her business of a professional public practice shall not, by reason only of his or her rendering professional services to the Trust or to any company by which any business of the Trust is carried on, be in breach of the terms of this clause.

13.3 Nothing in this clause 13 shall prevent or restrict the Trustees from properly fulfilling or carrying out the Charitable Purpose.

14. ALLOCATION OF RECEIPTS

Allocation

14.1 If, any dividend or distribution is received, which in the opinion of the Trustees has been paid or made out of profits, other than trading profits of the financial year in respect of which the dividend or distribution has been paid or made, the Trustees may decide how much of that dividend or distribution ought to be treated as capital and how much as income of the Trust Fund. Such decision shall be made by the Trustees after considering the nature of the profit used to pay or make the dividend or distribution, and the account to which the dividend or distribution has been debited in the books of the person making such payment or distribution. The Trustees shall

Document number A1820150 Page 13 of 23

not be liable to any person in respect of the payment of any monies in accordance with any decision made by the Trustees under this clause.

15. OFFICE OF THE TRUST

15.1 The office of the Trust shall be at such place as the Trustees from time to time may decide.

16. INCORPORATION AND COMMON SEAL

Incorporation

16.1 The Trustees shall immediately apply for incorporation under Part II of the Charitable Trust Act 1957 as a board under the name "______Trust Board".

Affixing of Seal

16.2 The Trust shall have a common seal which shall be affixed by the authority of the Trustees previously given to any document requiring execution under seal by the Trustees, being any contract which if made by private persons would by law be required to be by deed. Each such affixing shall be attested two Trustees and shall be sufficient evidence of authority to affix the seal.

Authority

16.3 No person dealing with the Trustees shall be bound or concerned to see or inquire as to the authority to affix the seal, or to inquire as to the authority under which any document or seal or in whose presence it was sealed.

17. ALTERATIONS OF TERMS OF DEED

Power to Alter

17.1 The Trustees may, by a unanimous resolution revoke, vary or add to any of the provisions of this deed, provided such revocation, variation or addition does not detract from the Charitable Purpose. For the purposes of this clause a unanimous resolution means a resolution of all persons for the time being holding office as Trustees.

Not to Affect Tax Status

17.2 No alteration of this deed shall be valid if it has the affect of depriving the Trust of any exemptions available to it and Settlors to it, under the Income Tax Act 2004.

18. WINDING UP

Resolution

18.1 The Trust may be wound up on the unanimous resolution of all the Trustees at a meeting of the Trustees called for that purpose, which meeting shall be called on not less than 30 days notice of such a meeting to the Trustees.

Document number A1820150 Page 14 of 23

Any proposal to wind up the Trust should be publicly notified no less than 30 days prior to any formal resolution being made by the trustees.’

Surplus Property

18.2 If upon the winding up or dissolution of the Trust there remains after satisfaction of all its debts and liabilities any property whatsoever the same shall be paid out or distributed to the Council, to be held by the Council in trust for some exclusively charitable objects and purposes similar to the Charitable Purpose for the benefit of the Kaitaia and surrounding communities as shall be agreed between the Trustees and the Council, or failing such agreement, shall be paid or distributed exclusively to some exclusively charitable institution or institutions operating for the benefit of the Kaitaia and surrounding communities and having such objects and purposes similar to the Charitable Purpose. Alternatively, any surplus property remaining after the winding up or dissolution of the Trust may be disposed of upon the direction or order of the High Court of New Zealand.

19. GOVERNING LAW

19.1 The Trust shall be governed by and construed in accordance with the laws of New Zealand.

20. COUNCIL ORGANISATION

20.1 The close relationship between the Council and the trust is hereby acknowledged. As the holder of the right to appoint a Trustee, the Council shall be deemed to be a "shareholder" of the Trust with all the rights and obligations as such under the Local Government Act 2002.as applies to any Council organisation.

EXECUTION

SIGNED by John Carter ) ) in the presence of: ) John Carter

(Signature of Witness)

(Name of Witness)

(Occupation of Witness)

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(Address of Witness)

SIGNED by ) ) in the presence of: ) ()

(Signature of Witness)

(Name of Witness)

(Occupation of Witness)

(Address of Witness)

SIGNED by ) ) in the presence of: ) ()

(Signature of Witness)

(Name of Witness)

(Occupation of Witness)

(Address of Witness)

SIGNED by ) )

Document number A1820150 Page 16 of 23

in the presence of: ) )

(Signature of Witness)

(Name of Witness)

(Occupation of Witness)

(Address of Witness)

SIGNED by ) ) in the presence of: ) ()

(Signature of Witness)

(Name of Witness)

(Occupation of Witness)

(Address of Witness)

SCHEDULE A

Document number A1820150 Page 17 of 23

Trustee's Specific Powers

The Trustees shall have all of the following powers, which may be exercised either by the Trust on its own or jointly with other persons or groups.

(a) Advertising and Inform: to make known and further the Charitable Purpose and to advertise the manner in which the Trust Fund has been or is being or will be applied both by working with representatives of the established media and by advertising in any medium and to disseminate whether by written publication or otherwise information and material of any nature or whatever relating to the Trust and the Charitable Purpose;

(b) Collect Funds: to collect funds and raise money by all lawful means and to receive, accept, encourage and enlist financial and other contributions, subscriptions, donations, legacies, endowment or bequests from any source and conduct fundraising campaigns and activities in order to further the Charitable Purpose;

(c) Receive Grants and Subsidies: to receive from the New Zealand Government or any council, board or body under its jurisdiction or any other Government, state, national, regional or local body or organisation or any trust or any church organisation or any international organisation, any grant, subsidy or payment whatsoever in order to further the Charitable Purpose.

(d) Specified Trust: to carry out any specified trust attaching or relating to any contribution, subscription, donation, legacy, endowment, bequest, grant, subsidy, or payment received to the extent that such specified trust conforms with the Charitable Purpose;

(e) Apply Funds: to apply any money forming part of the Trust Fund to the promotion, advancement and development of the Charitable Purpose;

(f) Invest Funds: to invest any money forming part of the Trust Fund in any of the ways authorised by law for investment of trust funds and also if the Trustees think fit on mortgage of land either by the Trustees alone or together with any person or persons as a contributor mortgagee;

(g) Acquire Property: to acquire any real or personal property or interest therein (in New Zealand only) whether by purchase, lease, exchange or otherwise, howsoever and upon and subject to such terms and conditions as the Trustees shall think fit;

(h) Sell and Reinvest: to sell, join in selling, call in or convert all or part of any real or personal property forming part of the Trust Fund in such manner (including the granting of options to purchase and repurchase) and subject to such terms and conditions as the Trustees shall think fit (including the granting of time for repayment of the purchase price without security) and to reinvest the proceeds of such sale, calling in or conversion in such manner as the Trustees shall think fit;

(i) Postpone Sale: to postpone the sale of any real or personal property forming part of the Trust Fund so long as the Trustees shall think fit notwithstanding that such property may be wasting, speculative or reversionary in nature;

Document number A1820150 Page 18 of 23

(j) Lease: to let or lease or bail to any person or persons any freehold or leasehold property, whether plant and chattels and interest therein forming part of the Trust Fund either from year to year or for any term of years or otherwise at such rent and subject to such covenants and conditions as the Trustees shall think fit (including if the Trustees shall think fit an option or compulsory purchasing clause) and also to accept surrenders of leases and tenancies and generally to manage them as the Trustees shall think fit;

(k) Pay Debts: to pay any income or capital of the Trust Fund in, for or towards payment of any fees, costs, disbursements, debt, other liabilities or any part thereof, owing by or in respect of the Trust Fund incurred in connection with the trusts of this deed, whether or not the fees, costs, disbursements, debts or other liabilities are charged upon the Trust Fund or on any part thereof and whether or not the Trustees are contractually liable for payment of these fees, costs, disbursements, debts or other liabilities;

(l) Establish Reserve Fund: to start or subscribe to any depreciation or reserve fund for the Charitable Purpose the Trustees shall deem advisable and determine in their discretion whether that fund is income or capital;

(m) Join in Partition: to consent to and join in the partition of any assets in which the Trust Fund is interested and to take a transfer of a divided or undivided share or interest in any such assets;

(n) Maintain Property: generally to maintain, manage, repair, and improve or develop any real or personal property or interest which forms part of the Trust Fund in such manner as the Trustees think fit;

(o) Borrow: to borrow or raise any moneys on mortgage or overdraft or otherwise with or without security from any person or persons at such rate of interest for such terms and generally on such conditions as the Trustees shall think fit and to sign any mortgage, deed, agreement or other document in connection therewith, provided such moneys are required in the interest (direct or indirect) of the Trust Fund or of the promotion of the Charitable Purpose;

(p) Give as Security: to give security alone or together with any other person or persons the giving of which the Trustees shall consider to be in the interest (direct or indirect) of the Trust Fund or of the promotion of the Charitable Purpose and to authorise any company in which the Trustees shall hold shares to give such security;

(q) Settling Accounts: to agree and settle accounts with all persons liable to account to the Trustees and to compromise all questions relating to the Trust Fund and to grant the effectual receipts, discharges and releases;

(r) Appoint Attorney: at any time and for any period to appoint any person to act as an attorney for all or any of the Trustees anywhere in the world for all or any of the Charitable Purpose;

(s) Appoint Agents: to instruct and pay any person whatsoever, including the employment of persons, to transact all or any business or to do any act required to be transacted or done in execution of the trusts of this deed including the receipt and payment of money and the Trustees shall not be responsible for the default of any person appointed in good faith or for any loss occasioned by such person's instruction;

Document number A1820150 Page 19 of 23

(t) Bank Accounts: to open or maintain such current or other accounts in such banks or other institutions and in such manner as the Trustees may from time to time think fit;

(u) To Insure: to insure against loss or damage by any cause whatsoever any insurable property forming part of the Trust Fund, and to insure against any risk or liability against which it would be prudent for a person to insure if he were acting for himself, in such amounts and on terms as the Trustees may from time to time think fit;

(v) Contributions: to contribute to any charitable trust with substantially similar objects and purposes as the Charitable Purpose;

(w) Statutory Authorisation: to do all or any of the things which the Trustees are authorised to do by the Trustee Act 1956 or the Charitable Trusts Act 1957; and

(x) General: to do all such other things as in the opinion of the Trustees are incidental or conducive to the attainment of the Charitable Purpose.

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SCHEDULE B

DEED OF ACCESSION TO ______TRUST DEED

DEED dated the day of 20[ ]

PARTIES

1. The parties listed in the Schedule hereto (together the "Existing Trustees")

2. [ ] ("New Trustee")

INTRODUCTION

A. The Existing Trustees are parties to the ______Charitable Trust Deed dated [ ] 2006 ("Charitable Trust Deed").

B. The New Trustee has been appointed as a Trustee of the ------Charitable Trust ("Charitable Trust") and wishes to become a party to the Charitable Trust Deed by signing this deed.

BY THIS DEED the parties agree as follows:

1. INTERPRETATION

1.1 In this deed unless the context otherwise requires all words and definitions shall have the meanings given to them in the Charitable Trust Deed.

2. ACCESSION

2.1 With effect from the date of this deed:

(a) the New Trustee shall be deemed to be named as a Trustee under the Charitable Trust Deed as if included and named in the Charitable Trust Deed as a Trustee;

(b) all references in the Charitable Trust Deed to "Trustee" and "Trustees" shall, where the context requires, be treated as including a reference to the New Trustee, and the provisions of the Charitable Trust Deed that apply in respect of a "Trustee" or "Trustees" shall apply in all respects to the New Trustee; and

(c) if the New Trustee has been appointed:

(i) by the Council pursuant to clause 6.2 of the Charitable Trust Deed, the New Trustee shall be referred to as the "Council Trustee"; or

Document number A1820150 Page 21 of 23

3. COVENANTS

3.1 The New Trustee acknowledges that it has received a copy of the Charitable Trust Deed.

3.2 The New Trustee:

(a) agrees that with effect from the date of this deed it is bound by the terms of the Charitable Trust Deed as a Trustee; and

(b) covenants in favour of each of the Existing Trustees, with effect from the date of this deed, to comply with the terms of the Charitable Trust Deed and observe and perform the covenants and conditions in the Charitable Trust Deed on the part of a Trustee, as if the New Trustee were a signatory to the Charitable Trust Deed.

4. GOVERNING LAW

4.1 This deed is governed by the laws of New Zealand, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New Zealand.

EXECUTED AS A DEED

SIGNED by ) NEW TRUSTEE ) in the presence of: ) ((initials and Surname))

(Signature of Witness)

(Name of Witness)

(Occupation of Witness)

(Address of Witness)

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SCHEDULE

Existing Trustees

1. [ ]

2. [ ]

3. [ ]

4. [ ]

5. [ ]

6. [ ]

[To be completed as at date of execution of this Deed of Accession]

Document number A1820150 Page 23 of 23 Pou Herenga Tai – Twin Coast Cycle Trail

Set up of Trail Governance

Document number A1820154 Introduction • Pou Herenga Tai – Twin Coast Cycle Trail is the largest tourism/recreational development in the Far North; • Construction complete except for repiling on Long Bridge; • Council is committed to the success of the trail and is in a transitional phase to establish a community led governance board to be in place by June 2017.

Document number A1820154 Background

• In 2010?? Far North District Council was tasked to construct the infrastructure and then work with the community to put in place a sustainable community led enterprise (cycle trail governance) • A Working Party was formed in August 2016 from adjacent communities;

Document number A1820154 Role of Cycle Trail Working Party

• The role of the Cycle Trail Working Party is to provide guidance, advice and recommendations to Council on an appropriate governance model for the cycleway, considering existing models and drawing on knowledge from other trails and NZCT Inc.

Document number A1820154 Next Steps

To enable this: • Identify and cost a detour (outside of the hazard area) around Long Bridge (Taumarere) whilst construction takes place; • A governance and business structure needs to be established; • Trust funding to be secured – not just Council; • Transfer from Council to new structure by 1 August 2017.

Document number A1820154 Trail broken into 5 sections

Section 1: Horeke- Utakura- Okaihau-Lake Omapere Outlet

Section 2: Lake Omapere Outlet-Kaikohe- Rakautao

Section 3: Section 4: Section 5: Rakautao- Waipuna – Taumarere- Ngapipito- Kawakawa - Opua -Moerewa- Document number A1820154 Taumarere Waipuna How will trustees be selected • The community of each section decide on trustees to represent them – roles and responsibilities outlined in Trust Deed; • Trustees will appoint the Chair for the first two years; • One trustee plus a back up trustee for each section if one trustee is unable to attend meetings; • If sections chose to have more than one trustee, they are restricted to one vote for their section.

Document number A1820154 How will trustees be selected cont. • Hapu/iwi represented through the trustee selection process; • Communities of interest represented; • Dividing trustees into sections allows flexibility for further expansion and representation of the trail; • Council will appoint two trustees; • Initial term for trustees is 2 years; • After 2 years the initial trustees can be reappointed for a further 2 years or retire; • Trust Deed a living document, flexible to allow for amendments.

Document number A1820154 Cycle Trail Expansion • Council has drafted a 10 Year Strategy; • As trail grows, each “new” section will appoint their own trustee ie. Opua- Russell/Waitangi, Horeke to /Kohukohu etc.

Document number A1820154 Powers of delegation

• The Trust will be able to delegate management over sections of the trail for public safety reasons ie. Bay of Islands Vintage Railway Trust ie. rail corridor between Taumarere-Opua.

Document number A1820154 Action points

• Set up a registered Charitable Trust set up February 2017; • Set up an operating arm, to undertake operations, marketing (nb: draft marketing plan ready for distribution to trustees), administration and maintenance – an action point for the Trust Board to discuss and decide; • Develop a Service Level Agreement for funding received from Council.

Document number A1820154 Action points cont.

• Council to develop with the Trust objectives and priorities, business plan, resources and budgets for the first 12 months to give direction to the incoming CEO; • First Chairman appointed by Council CEO- Knowledge of the tourism industry an advantage; • CEO of Management Structure appointed – knowledge of area and communities of interest essential; • CEO for trust appointed by Council and Trustees.

Document number A1820154 Governance Structure

Communities Far North Far North Cycle Trail of Interest District Council Charitable Trust

Trust Deeds Operations of Cycle Trail and Maori Trust Service Management Level Business and Agreement Tourism Interest

Far North Community and Ratepayers

Document number A1820154 Management Priorities • Business Plan for 2017/18 year; • Maintenance of Cycle Trail; • Health & Safety; • Marketing Strategy; • 10 year Strategic Plan development (synchronized with Council 2018-2028 LTP process); • Identification of resources and budgets to deliver 10 year Strategic Plan; • Administration and reporting systems; • Reimbursement of trustee expenses ie. mileage.

Document number A1820154 Issues and opportunities Opportunities - • Accommodation, camping grounds; • Cafés and eateries; • Cycling Tours and activities; • Bike hire and transportation. Issues - • Development of infrastructure as usage increases in the cycle trail grows ie. carparks, ablutions; • Cell phone coverage in black spots across the cycle trail.

Document number A1820154 Recommendations Council to appoint case managers to manage:

• Council to form an internal transition team to take the Trust through a business start up process to an operational enterprise; • Business liaison/compliance; • Resource consents and building consents to enable quick response internally;

Document number A1820154 Substantiating Council’s Investment in Cycle Trail

• Undertake a economic impact assessment after 2 years. – New business ventures; – Employment opportunities; – Increase in tourism.

Document number A1820154 Council involvement on Cycle Trail Trust

• Two Council appointed trustees with full voting rights • Council management representatives to attend meetings, provide information, no voting rights. • Council’s role is to support and provide guidance to the Trust.

Document number A1820154 Publicity for the Trail – has already started …

Document number A1820154 Item: 6.1 MEETING: COUNCIL - 16 FEBRUARY 2017 Name of item: PROPOSED LITTER INFRINGEMENT POLICY Author: Leslie Trussler - Policy Advisor Neil Miller - Team Leader Policy and Research Date of report: 21 December 2016 Document number: A1803695 Executive Summary The purpose of the report is to recommend adoption of the Proposed Litter Infringement Policy. The Policy is informed by the Litter Act 1979, which gives Council the ability to issue infringement notices for littering. Recommendation THAT Council adopt the proposed Litter Infringement Policy 2016.

1) Background Council aims to maintain a clean, litter-free district. Council has a number of staff warranted as Litter Control Officers under the Litter Act 1979. Warranted staff have the power to ask someone to remove litter, provide their name and address and issue infringement notices. Under the Litter Act 1979 section 15, littering offences can lead to a fine on conviction of an individual of up to $5,000. If the litter deposited is of such a nature as is likely to endanger any person or to cause physical injury or disease or infection to any person coming into contact with it, a fine on conviction of an individual can be up to $7,500, or up to one month’s imprisonment, or both. Under the Litter Act 1979 section 15, deliberately breaking glass can lead to a fine on conviction of an individual of up to $7,500 or one month’s imprisonment, or both, under the Litter Act 1979 section 16. In addition, the Litter Act 1979 section 13 specifies that Council may, by resolution, adopt infringement notice provisions. The Act requires Council to give at least 14 days’ public notice of its intention to do so. The required notices have been placed in local newspapers.

2) Discussion and options Littering may be by locals or by visitors. However, there are increasing numbers of visitors to the District who may not at times understand tikanga/local customs or even respect the environment. Any person camping can be subject to an infringement fine if they litter, including toileting in a public place. A littering infringement regime is likely to be a more effective deterrent than imposing a $200 fine under the Freedom Camping Act 2011 regime because: - there are fewer grounds for appeal; - there can be more graduated penalties to match the level of the offence; - fines target the offence (i.e. littering) rather than a lawful activity (e.g. camping).

Document number A1803695 Page 1 of 3 Infringement fines are an additional tool in the toolbox which can be used alongside existing mechanisms to keep the Far North litter free. Option 1 - Adopt Litter Infringement Policy 2017 The attached Proposed Litter Infringement Policy 2017 proposes enforceable infringement notice penalties for littering and illegal dumping in the Far North. Council may issue infringement notices up to a maximum of $400 for any littering offence. Council currently has a graduated policy with higher fines for repeated or more serious offences. It is proposed that the Far North District adopt a similar approach with a smaller fine for less serious offences. If a fine is set too high then non-payment leading to court action is more likely. That may detract from the purpose of an infringement fine regime which is for effective and low-cost enforcement to deter littering. The proposal is for a first offence of litter left in a public space or on private land without the owner’s consent as follows: - less than 1 litre, $100 fine - 1 litre to 20 litres, $150 fine - 20 litres to 120 litres, $250 fine - more than120 litres, $400 fine - hazardous or offensive litter (such as faeces or nappies), $400 fine - further offences by the same individual, $400 fine. Option 2 - Status-quo - no infringement policy Council may continue to seek prosecutions at the District Court for offences under section 15 of the Litter Act 1979, but would not be able to issue infringement fines. Option 1 is recommended by staff because infringements fines can be used as a targeted deterrent to prevent undesirable behaviour in the District and help to keep the Far North clean and free from litter.

3) Financial implications and budgetary provision There is no need for additional budgetary provisions as a result of this report. Any infringement fee collected can be retained by the Council which should offset the costs of enforcement.

4) Reason for the recommendation This policy ensures that offenders will be fined for littering and illegal dumping in accordance with the Litter Act 1979.

Manager: Kathryn Ross - General Manager Strategic Planning and Policy Group Attachment 1: Proposed Litter Infringement Policy 2017 - Document number A1780839

Document number A1803695 Page 2 of 3 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 Maori 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.

Relationship with existing policies and This policy is consistent with other Community outcomes. Council policies and procedures.

Possible implications for the relationship Littering of waahi tapu, other sites of of Māori and their culture and traditions historical significance and pipi beds may with their ancestral land, water, site, be reduced by infringement fines waahi tapu, valued flora and fauna, and other taonga.

Views or preferences of persons likely to There have been Requests for Service in be affected by, or to have an interest in the last month related to littering and the matter, including persons with camping in a public places indicating that disabilities, children and older persons. some host communities are being impacted negatively.

Does the issue, proposal, decision or other No the proposal is of low significance. matter have a high degree of significance There is no requirement to engage in or engagement as determined under the further public consultation beyond the Council's Policy #2124? public notification of the resolution in this report.

If the matter has a Community rather than District-wide relevance. a District wide relevance has the Community Board's views been sought?

Financial Implications and Budgetary There is no need for budgetary provision. Provision. The Chief Financial Officer has reviewed Chief Financial Officer review this report.

Document number A1803695 Page 3 of 3

PROPOSED LITTER INFRINGEMENT POLICY 2017

BACKGROUND

Council is responsible for monitoring the District for litter dumping, acting on complaints, and infringing those responsible for litter dumping.

LEGISLATIVE CONTEXT

The Litter Act 1979 (the Act) allows Council to issue infringement notices up to a maximum of $400 for any offence under Section 15(1) of the Act.

OBJECTIVE

To ensure that the Far North is kept clean and free from litter and illegal dumping.

POLICIES

1. Council can issue fines for littering under the Act as outlined below:

First Subsequent Nature of infringement offence offence

Litter, of less than 1 litre, left in a public space, or on private land, without $100 $400 the occupier's consent.

Litter, of 1 litre to 20 litres, left in a public space, or on private land without $150 $400 the occupier's consent.

Litter, of 20 litres to 120 litres, left in a public space, or on private land $250 $400 without the occupier's consent.

Litter, of more than 120 litres, left in a public space, or on private land $400 $400 without the occupier's consent.

Hazardous* or offensive litter** left in a public space, or on private land $400 $400 without the occupier's consent.

*Hazardous litter includes broken glass, barbed wire, jagged metal, medicines. **Offensive waste includes rotting food, animal remains, faeces (including discarded nappies).

2. Fines are due within 28 days. If unpaid in this time, a reminder notice will be sent with a further 28 days to pay. If payment is still not received, the infringement will be enforced through the courts with court charges added to the fine.

3. If you wish to dispute the infringement, refer to the 'Summary of Rights' on the reverse of the notice. You must put your dispute, or request for a court hearing, in writing to Council.

4. Council can also prosecute under the Litter Act 1979 for more serious offences; the maximum penalty upon conviction is $30,000.

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Item: 6.2 MEETING: COUNCIL - 16 FEBRUARY 2017 Name of item: EASTER SUNDAY TRADING SUBMISSION ANALYSIS Author: Leslie Trussler - Policy Advisor Date of report: 27 January 2017 Document number: A1820031

Executive Summary The purpose of the report is to adopt the Proposed Easter Sunday Trading Policy following the Special Consultative Procedure. The Shop Trading Hours Amendment Act 2016 allows Council to adopt its own Easter Sunday Trading Policy. . Recommendation THAT Council adopt the Proposed Easter Sunday Trading Policy with immediate effect which would permit Easter Sunday Trading throughout the Far North District.

1) Background On 15 December 2016 Council resolved: “THAT Council adopt the Easter Sunday Trading Policy Statement of Proposal for public consultation as amended in the meeting.” The Special Consultative Procedure ran from 19 December 2016 to 27 January 2017. This consultation presented the Statement of Proposal for an Easter Sunday Trading Policy to the public and gave them the opportunity to share their views on the proposed Policy. A total of 46 formal submissions were received. 39 submissions were received through the online submission form. 7 submissions were received via email. Comments on FNDC’s Facebook and Neighbourly pages were also taken into account.

2) Discussion and options Submissions in support of Easter Sunday Trading There were 21 total formal submissions in support of Easter Sunday Trading. Eleven submitters argue that allowing trade on Easter Sunday gives people the freedom to exercise personal choices in whether they open, work, or shop on this day. Six of these submitters argue further that the religious beliefs of some should not affect the personal choices of others to open shop, work, and shop on Easter Sunday. Employers are under no obligation to open under the proposed Policy, and Section 5H of the Act protects workers who do not wish to work on Easter Sunday. Seven submitters cite increased economic opportunity as a reason to allow shops to open on Easter Sunday. As the last big holiday weekend of the tourist season, there is an influx of visitors to the Far North District. Larger businesses, such as Countdown, see a 90% increase in sales on Easter Saturday (the average increase on the same day in other parts of the country is 50%). Allowing shops to open for an

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additional day on this weekend would provide increased economic opportunities for the District, whose economy is underpinned by tourism. Two submitters state that Paihia’s existing exemption, which allows it to trade on Easter Sunday without penalty, should be extended to the rest of the District. Paihia is the only area in the District in which Easter Trading is permitted, for the reason that it is a tourist destination. However, other notable tourist destinations such as Russell and Kerikeri are still prohibited from shop trading, which gives Paihia an unfair economic advantage over other areas. One submitter argues that online retail shopping is permitted on Easter, and that it seems unfair to deny physical retailers the same opportunity to do business. It is possible that consumers turn to online retailers rather than spend money in the District if the prohibition of Easter Sunday Trading persists. One submitter states that Easter Sunday trading is of no consequence to them, as they are from a different denomination and celebrate Easter on a different day anyway. Neutral submissions on Easter Sunday Trading One submitter stated their view on Easter Sunday Trading as “neutral”. While recognising that Easter Sunday Trading is economically beneficial for the District and that it allows people to exercise personal choice, the submitter states that there should be a clause in the Act that protects workers from being forced to work on that day. Section 5H of the Act does protect workers who do not wish to work on Easter Sunday. Submissions against Easter Sunday Trading There were a total of 24 formal submissions against Easter Sunday Trading. Eight submitters state that Easter Sunday is a family day that workers should be allowed to spend with their families. Section 5H of the Act protects workers who do not wish to work on Easter Sunday, allowing them to choose to observe the family day. Five submitters state that workers and employers alike should be able to have a day off without being forced to work. Section 5H of the Act protects workers who do not wish to work on Easter Sunday. Employers are not required to open their shops on Easter Sunday if they do not wish to. Three submitters state that Easter Sunday Trading should not be allowed as it is important to observe the religious holiday. Observance of a religious holiday is a personal choice. Section 5H of the Act protects this personal choice by protecting employees from being forced to work on Easter Sunday. In addition, the personal choices of employers are protected as they are not required to open their shops on Easter Sunday if they do not wish to. One submitter argues that allowing Easter Sunday Trading would increase social inequality, as those in low-skilled jobs would feel pressure to work the holiday to impress their superiors, regardless of the protective legislation. Currently, businesses that employ low-skilled workers such as cafés, restaurants, takeaways, gardening centres, dairies, petrol stations, and pharmacies are already permitted to open on Easter Sunday, and there is no direct evidence that this has contributed to social inequality. One submitter is in opposition because pokies and liquor stores should not be allowed to trade. These premises are not allowed to open under the Easter Trading Act. Informal Submissions

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Informal submissions include comments on the proposed Policy on FNDC’s Facebook page and its Neighbourly post. Six Facebook users were of the opinion that it should be left up to shops to decide whether or not they open on Easter Sunday. Five Facebook users simply stated that they disagree with Easter Sunday Trading. Five Neighbourly users voiced their opinion that trading should remain restricted on Easter Sunday. One cites the importance of a family day, one cites the importance of staff having a day off, and one says that neither staff nor employers should be forced to work. Two options are discussed below: Option 1 Adopt the Proposed Easter Sunday Trading Policy. This means that Easter Sunday Trading would be permitted throughout the Far North District. Shop owners would decide whether or not to open, workers would decide whether or not to work, and consumers would decide whether or not to shop. Workers would be protected from being forced to work on Easter Sunday by Section 5H of the Act. Option 2 Status-quo. This means that Paihia would retain its exemption, and businesses outside of the exempt area would continue to face a $1,000 fine for opening on Easter Sunday. Option 1 is recommended by staff to increase economic activity in the District and allow individuals in the community to exercise personal choice in whether or not to open, work, and shop on Easter Sunday.

3) Financial implications and budgetary provision There is no cost for allowing shops in the Far North District to open on Easter Sunday.

4) Reason for the recommendation The Shop Trading Hours Amendment Act 2016 allows for the District to adopt its own policy for Easter Sunday trading. The recommendation to adopt the Proposed Easter Sunday Trading Policy allows for the public to exercise their choices when considering whether or not to open, work, or shop on Easter Sunday, while protecting the rights of employees.

Manager: Kathryn Ross - General Manager Strategic Planning and Policy Group Attachment 1: Easter Sunday Trading Policy - Document number A1820064 Attachment 2: Easter Sunday Trading Online Submissions - Document number A1820062 Attachment 3: Easter Sunday Trading Email Submissions - Document number A1820477

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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.

Relationship with existing policies and Consistent with other Council policies Community outcomes. and procedures.

Possible implications for the relationship None identified. of Māori and their culture and traditions with their ancestral land, water, site, waahi tapu, valued flora and fauna, and other taonga.

Views or preferences of persons likely to Certain religious groups may oppose be affected by, or to have an interest in Easter Sunday trading. the matter, including persons with disabilities, children and older persons.

Does the issue, proposal, decision or other Yes, this matter is likely to be significant matter have a high degree of significance to Christians and may affect shop or engagement as determined under the workers. A Statement of Proposal for an Council's Policy #2124? Easter Sunday Trading Policy was prepared and consulted on using the Special Consultative Procedure in line with the Council’s Policy.

If the matter has a Community rather than This is a district-wide policy, which can a District wide relevance has the allow for local variation within each Ward Community Board's views been sought? area. Community Boards have been consulted as part of the preparation of the Statement of Proposal and each Community Board Chair was in attendance and spoke to the Statement of proposal before Council adopted it for consultation.

Financial Implications and Budgetary There are no unbudgeted costs arising Provision from the recommendation of this report. Chief Financial Officer review. The Chief Financial Officer has reviewed this report.

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PROPOSED Easter Sunday Trading Policy 2017

BACKGROUND

The Shop Trading Hours Act 1990 (the Act) was amended in 2016 to enable Councils to decide whether retailers in their districts can open on Easter Sunday.

LEGISLATION

Under the Act—

“(1) A territorial authority may have a local Easter Sunday shop trading policy to permit shops to open on Easter Sunday in an area comprising— (a) the whole of its district; or (b) any part or parts of its district.”

Local Easter Sunday Trading policies do not override provisions in other legislation, such as liquor licensing provisions.

The Act includes protective provisions so no worker shall be required to work on Easter Sunday.

OBJECTIVE

To permit shops to open on Easter Sunday throughout the Far North District.

POLICY

Shop trading is permitted on Easter Sunday in the whole of the Far North District (map attached).

REVIEW

This policy will be reviewed within five years of adoption.

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APPENDIX A – MAP OF THE FAR NORTH DISTRICT

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I support trading on Shop owner Name Ward Easter Sunday in the Exclusions Further Comments or employee Far North District.

Absolutely not. I don't understand why I can't believe that trading is STILL not permitted on certain religiously associated days should prevent any days. The fact that these days are predominantly religious Withheld Neither Bay of Islands-Whangaroa (Eastern) Strongly Agree shop trading. If the owner/s wish to trade on days isn't really the point. If people wish to observe the any day of the year, they should be able to sanctity of Easter Sunday, that's fine, however this should and should not be fined for doing so. have no implication on trading. The bill for alcohol to be served should be changed also. It's the last busy tourist time and everywhere has to close or Mrs Emma Jury Neither Bay of Islands-Whangaroa (Eastern) Strongly Agree charge 15% and have a meal with a drink. It's driving tourists away and is old fashioned. I think its a great idea for sunday shopping on easter as it Withheld Neither Te Hiku (Northern) Strongly Agree all areas should be able to should be upto the shop owners if they want to open or not.

Mr Bruce Rogers Neither Bay of Islands-Whangaroa (Eastern) Strongly Agree

This isn't the 60s anymore. Shops shouldn't be forced to close Mrs Adeline Salkeld-Blears Neither Te Hiku (Northern) Strongly Agree no because of a religious holiday that has no relevance to most of the population. No areas should be restricted. Except for If trading was allowed on Eastern Sunday, it might ease the Mr Michael Van Sturmer Neither Bay of Islands-Whangaroa (Eastern) Strongly Agree churches. congestion on the Thursday and Friday. No restrictions. I see no reason why the entire country should have to shut down businesses Ms Brittani O'Leary Employee Bay of Islands-Whangaroa (Eastern) Strongly Agree to recognize one religions holiday when it isn't See above. even currently the recognized major religion of New Zealand.

Withheld Shop owner Bay of Islands-Whangaroa (Eastern) Strongly Agree

NZ is a secular country. People are free to observe their own Mr David West Neither Kaikohe-Hokianga (Western) Strongly Agree religions at the times and places of their choosing. Allowing trading on Easter Sunday does not interfere with this. I think it should be up to individual shops to Mrs Susan Kilmister Neither Bay of Islands-Whangaroa (Eastern) Strongly Agree No decide whether or not to open. Imperative that Easter Sunday trading is in troduced this in Mr Douglas Turner Neither Bay of Islands-Whangaroa (Eastern) Strongly Agree the year 2017 I am Christian Orthodox and usually Easter falls in different Ms Anca Constantin Neither Te Hiku (Northern) Strongly Agree time. If religious people do not want to shop on Easter Sunday then Mrs Claire Kathro Neither Bay of Islands-Whangaroa (Eastern) Strongly Agree No. It should be permitted anywhere. they can stay home or go to church. The rest of us can decide for ourselves.

Document number A1820062 Page 1 of 5 I support trading on Shop owner Name Ward Easter Sunday in the Exclusions Further Comments or employee Far North District.

I am the President of the Kerikeri and District Business Association and have filled in this survey in this capacity - Jason Vokes 021020710596 [email protected]. The KKDBA supports the opening of all commercial businesses in Mr Jason Vokes Neither Bay of Islands-Whangaroa (Eastern) Strongly Agree None the area during Easter, with online trading being available then local retail should also be able to trade. Also there are a large number of visitors to the BOI during this time and they expect to be able to shop, receive services and wine and dine during this time.

As The Bay of Islands is a destination for Tourists & Domestic visitors we need to keep the Tourism Experience as vital as it's service providers. Winter is already a minimal market and to be closed at a peak time in Summer does not sustain the 'Experience'. The visitor traffic is high on this weekend and for many it is an opportunity to showcase their business Withheld Shop owner Bay of Islands-Whangaroa (Eastern) Strongly Agree before the downturn of Winter. As EASTER is also a movable date there are some who do not subscribe to the religious or cultural beliefs thereby believing the 'restraint of trade' is draconian. Employees have the opportunity to negotiate availability as it has never been an issue in the many years we have traded on Easter Sunday, even though we have never been policed on the matter

This is long overdue and businesses should be able to trade Withheld Neither Bay of Islands-Whangaroa (Eastern) Strongly Agree It should be permitted in all areas. on Easter Sunday. I have no problems with Easter trading being introduced all over the Far North, it is Staff should not be forced to work if they do not want to, discrimiitary to allow some areas like Paihia businesses should not be forced to open if they don't want the right to trade and not Opononi, both areas Mr Louis Toorenburg Shop owner Kaikohe-Hokianga (Western) Strongly Agree to, and those that don't want to see places open, don't have are tourist attractions and visitors will want to to go and use them. It should be individual and biusiness be able to do and buy things. Places like the choice Hokianga need visitor dollars to survive the long Hokianga winters.

Document number A1820062 Page 2 of 5 I support trading on Shop owner Name Ward Easter Sunday in the Exclusions Further Comments or employee Far North District.

I realise that the business sector in Far North / Te Tai Tokerau relies heavily on the visitor / tourist trade ..and therefore they need this income to survive and they need the tourists to come here and stay for the long weekend. If we don't offer opportunities for them to stay / purchase something or enjoy I am a Christian and therefore Observe this the experience then they won't bother coming. Also sadly day as a whanau/family day ..just like Withheld Employee Te Hiku (Northern) Neutral more of our NZ population are denouncing religion so the Christmas Day. If something is OPEN then let it religious aspect of EASTER has lost it's relevancy ..so people / be a business that is family/whanau oriented. employers will break the law to accommodate customers. I think you should leave it up to individual choice but those employers & employess that choose not to work can have that choice and not be threatened. An Employment LAW Clause should be added to the ACT

Its is benefical to families that everyone has a day off to Mrs Vivien Allen Neither Bay of Islands-Whangaroa (Eastern) Disagree spend with their families

Withheld Shop owner Te Hiku (Northern) Disagree

Withheld Neither Bay of Islands-Whangaroa (Eastern) Disagree Leave easter Sunday as a family day.I work every other Ms Tracey Mead Employee Te Hiku (Northern) Strongly Disagree Refuse transfer stations Sundayand look forward to this one trading free sSunday to be with my family Withheld Employee Kaikohe-Hokianga (Western) Strongly Disagree

Restriction on trading on Easter Sunday allows people to spend time with their families. It is mandatory, meaning that Withheld Employee Other/Non-Resident Strongly Disagree businesses can't exploit their employees on that date. creating bylaws to allow it is unfair. No easter trading no easter trading no easter trading no Mrs Ethel Lewin Neither Kaikohe-Hokianga (Western) Strongly Disagree Not permitted in all areas easter trading no easter tradin No trading on Easter Sunday! It's way more special than Good Withheld Neither Te Hiku (Northern) Strongly Disagree ALL areas!! Friday! Easter should be a time of remembrance and respect!

I am retired and now fully appreciate the need for balance in The only place it should be allowed is when a life with plenty of time off; good for physical and mental large cruise ship or simmilar is in BOI which health. Living in the country we visit shops only on weekdays affect Pahia and Kerikeri. Preferrably don't Mr Philip Lissaman Neither Bay of Islands-Whangaroa (Eastern) Strongly Disagree when all the other businesses are open. Shop staff and encourage such ship visits over Easter and give owners need a break. After all our money is finite and we can everyone a break. Send them to Auckland! only spend it once; so it doesn't really matter when we spend Everywhere else - no shopping. it. They don't give us more money to spend in the weekends.

Document number A1820062 Page 3 of 5 I support trading on Shop owner Name Ward Easter Sunday in the Exclusions Further Comments or employee Far North District.

People can do without going to the shops for one day. When Withheld Neither Bay of Islands-Whangaroa (Eastern) Strongly Disagree shops are not open, families often do things together.

Withheld Neither Te Hiku (Northern) Strongly Disagree None

Liquor stores, and pokie machines should NOT Withheld Neither Te Hiku (Northern) Strongly Disagree be allowed to trade. This is a religious holiday. Please keep it that way. Nowhere except Paihia, Russell and any Surely we the general public of the north can survive for a Mr Barry Smith Neither Bay of Islands-Whangaroa (Eastern) Strongly Disagree historical sites like the Stone Store area for day without shopping to give everyone a family day off to the tourists. enjoy. Everywhere - no Easter Sunday trading Mr Stuart Park Neither Bay of Islands-Whangaroa (Eastern) Strongly Disagree anywhere Not be permitted anywhere only emergency Not needed to keep places open. We managed in the past Mrs Vivienne Keohane Neither Bay of Islands-Whangaroa (Eastern) Strongly Disagree places as has been in the past. and there is still plenty to do and time for family.

easter sunday is a religious day that should be respected, allowing all shops to open will put The shops that open , like dairies and in tourist spots are Ok pressure on competing shops to open and in to carry on as that is necessity retailing , but corporates that turn apply pressure to individuals to attend wish to dictate to their employees to attend work dont work on a supposed public holiday, in respect what the day stands for, driven from the bottom line Mr Malcolm Francis Shop owner Bay of Islands-Whangaroa (Eastern) Strongly Disagree Auckland they mock the law as the penalties profit.I have a garden centre and could open and flout the are low dollar wise compared to your sales current law but I choose not too and respect my workers but in northland the population is too small to right to a public holiday, and lets face it there is only a couple be viable and all it serves, is to destroy a of days a year we are talking about. I believe in status quo/ holiday observance , I dont agree with easter keep them closed. trading being opened up

Mr Douglas McKenzie Neither Kaikohe-Hokianga (Western) Strongly Disagree

It should be restricted to tourist operators Withheld Neither Te Hiku (Northern) Strongly Disagree only. It is time that quality time spent with families should be foremost. It is not fair to have anyone working on Statutory holidays at all. The only places that should be allowed to Withheld Neither Te Hiku (Northern) Strongly Disagree trade are cafes, restaurants and perhaps supermarkets and dairies for a limit time of the day. These are places that families can go to and enjoy that quality time.

Document number A1820062 Page 4 of 5 I support trading on Shop owner Name Ward Easter Sunday in the Exclusions Further Comments or employee Far North District.

Easter is one of the few holidays remaining on which most of a family have time off and can gather to enjoy a family celebration. A forced break from a shopping based culture also lets I am not religious, but consider Easter has significant benefits us pause to reflect on the wider aspects of life. as outlined above, especially in our low socio-economic area. Mr Michael Fox Neither Bay of Islands-Whangaroa (Eastern) Strongly Disagree Arguments around allowing workers a choice I would not like to see aguments around religious irrelevance of whether or not to work are not valid for or insensitvity to other religions used to take away a valuable those in low skilled jobs, who must impress part of our culture. bosses or risk being sidelined. Not the case for professionals. This change would thus enhance social inequality.

Withheld Neither Bay of Islands-Whangaroa (Eastern) Strongly Disagree

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Item: 6.3 MEETING: COUNCIL - 16 FEBRUARY 2017 Name of item: DEPARTMENT OF CONSERVATION KIWI RECOVERY PLAN 2017-2027 Author: Louise Wilson - Policy Planner Date of report: 23 January 2017 Document number: A1819116 Executive Summary The Department of Conservation (DOC) has developed a draft Kiwi Recovery Plan 2017-2027. This is the fourth national Kiwi Recovery Plan. The draft Kiwi Recovery Plan is a national level document which coordinates the actions of kiwi recovery agencies. The draft Kiwi Recovery Plan overlooks the contribution of District Councils. Council has specific responsibilities under the Resource Management Act 1991 (RMA) and Local Government Act 2002 (LGA) and the Dog Control Act 1996 (DCA) that relate to kiwi, their habitat and predator control. Draft feedback on the plan highlighting Council’s existing contribution and future opportunities for kiwi recovery has been prepared. The submission generally supports the draft Kiwi Recovery Plan but highlights that the plan overlooks the role of local government. The draft submission identifies the value that can be achieved by developing closer relationship with DOC, conservation partners and other stakeholders. The closing date for submissions is 28 February 2017 which will allow for any necessary amendments to the document identified by Council and subsequent reporting to the March meeting of the Strategy Committee. Recommendation THAT Council approves the draft submission on the Kiwi Recovery Plan 2017- 2027.

1) Background The Department of Conservation’s draft Kiwi Recovery Plan 2017-2027 is the fourth national Kiwi Recovery Plan. The first was written in 1991 to co-ordinate the actions of agencies involved in reversing kiwi population decline throughout New Zealand. Regional DOC offices then use the Kiwi Recovery Plan to guide the development of Regional Taxon Plans. The Taxon Plan for Northland Brown Kiwi is due to be reviewed in 2019. The review of the taxon plan is an opportunity for DOC to collaborate with Council. Prior to human settlement Northland brown kiwi were found in high numbers throughout Northland. During the 1970’s and 80’s there was rapid population decline largely due to introduced predators such as dogs, cats and mustelids. The distribution of Northland brown kiwi is now restricted to areas of forest and scrubland between and the Brynderwyns. The draft Kiwi Recovery Plan contains objectives and actions for implementing kiwi recovery. FNDC already contributes to some of these objectives by carrying out functions under the Resource Management Act 1991 and Local Government Act

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2002. However, further opportunities exist for Council to collaborate with DOC to improve outcomes for kiwi. Community feedback from District Plan review and Dog Control Bylaw consultation highlighted that maintaining indigenous biodiversity and taonga species such as kiwi is important to the people of the Far North. A draft submission highlighting Council’s existing contribution and future opportunities has been prepared. Submissions close at 5.00p.m. on 28 February 2017 which has not allowed for discussion with the Strategy Committee (whose first meeting takes place in March after the closing date). Approach of the draft Kiwi Recovery Plan DOC has identified that a new recovery plan is required because significant changes have occurred since the last plan became operative in 2008. The consultation document describes how community expectations, funding priorities and advances in pest control technology has changed how kiwi are managed. The goal of the Kiwi Recovery Plan is to reach 100,000 kiwi nationally by 2030 through: • Growing populations of all kiwi species by at least 2% per year • Restoring their former distribution • Maintaining their genetic diversity. The overall goal is supported by a number of sub-goals including a reduction in the number of the number of kiwi killed by dogs. Local Government and Kiwi Council currently contributes to the protection of kiwi populations by: • Managing the adverse effects of subdivision and development in high density kiwi areas through resource consent conditions and consent notices that prohibit the keeping of cats and dogs • Improving the monitoring and enforcement of consent notices • Reviewing the Dog Control Bylaw to encourage responsible dog ownership • Enabling community conservation groups to carry out ecological restoration within Council administered reserves • Providing rates relief for habitat that is legally protected by a covenant. • Participating in advocacy and education activities.1

Kiwi management is a high profile and contentious topic. Some residents are supportive of measures to protect kiwi habitat while others see Council interventions, such as consent notices prohibiting cats and dogs, as a restriction on private property rights.

1 The Resource Management Act 1991 s.6(c) requires Council to manage indigenous flora and fauna and their habitats. The Dog Control Act 1996 ss.5 & 6 empowers Council to require dog owners take all reasonable steps to ensure their dog does not disturb protected wildlife.

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2) Discussion and options The draft Kiwi Recovery Plan contains objectives and actions for implementing kiwi recovery. Responsibility for each action has been attributed to relevant agencies. Many of the actions relate to the functions of DOC, or the Kiwi Recovery Group and the contribution of District Councils has been overlooked. Essentially there are 2 options for Council:- 1. Make a submission 2. Do not make a submission Staffs recommend making a submission due to the important role local government plays in contributing to kiwi recovery, which are largely overlooked by the Draft Kiwi Recovery Plan. The following table summarises the Council actions that will contribute to the outcomes sought by the draft DOC Kiwi Recovery Plan.

Action Draft DOC Kiwi Recovery Plan Action Current FNDC Actions # 1.5 Actively support pest management activities of Strongly aligned - FNDC is groups and agencies, and encourage them to required by the Northland collaborate to increase the scale and connectivity Regional Policy Statement to of protected habitat. develop policies for increasing the area and quality of indigenous habitat.

2.1 Develop collaborations between agencies, groups Strongly aligned - FNDC is and councils to progress the issues of reviewing the Dog Control Responsible dog ownership. Bylaw and Policy with a focus on responsible dog ownership

2.2 Develop interagency capacity to monitor for dog Strongly aligned - FNDC is presence and to appropriately respond to reviewing monitoring and incidents where dogs are killing kiwi. compliance procedures to improve capacity to respond to complaints and enforce consent notices.

4.6 Facilitate multi-stakeholder collaborations to Aligned - FNDC contributes to collect and report on the distribution of and the Northland Kiwi Forum. management effectiveness for kiwi.

6.1 Prepare biennial progress reports against the Aligned - FNDC monitors recovery plan objectives, and communicate progress towards District Plan across DOC, other stakeholders and accountable biodiversity objectives. parties. Information can be shared.

7.2 Update all species and regional plans by 2021 to Strongly aligned - FNDC key ensure that they are relevant and fit with the stakeholder in the current Recovery Plan. development of Northland Regional Taxon Plan.

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Submission on the draft DOC Kiwi Recovery Plan Submissions close at 5:00 pm, 28 February 2016. A copy of the draft submission on the proposed DOC Kiwi Recovery Plan is attached for Council approval (Attachment 1). The draft submission identifies that FNDC generally supports the draft Kiwi Recovery Plan, but invites an opportunity to work closely with DOC to fully explore the contribution that local government can provide both now and in the future. The submission identifies the following key points: 1. The role of local government with respect to kiwi recovery has been overlooked in the draft document. Councils have responsibilities and support processes that currently contribute to kiwi recovery. More emphasis could be placed in the Plan on the potential for a closer and even more effective partnership with local government. Rural Councils may have more to offer in this regard than urban Councils. 2. Dogs are identified in the plan as the “main agent of decline” of kiwi, however not enough consideration is given in the plan to the variety tools that are available for dog management The submission contends that there are many tools in the toolkit that have not been systematically applied and FNDC could use those tools to make a very significant impact upon the population of kiwi in Northland. Feedback from Council on the draft submission will be included in the final submission to DOC. Next Steps Once the submission period has closed and submissions considered, DOC will prepare a summary of submissions and a revised draft Plan. The revised draft Plan will be referred to DOC’s Deputy Director General of Science and Policy for consideration and approval. The plan can then be implemented by DOC and conservation partners. A future consultative process will follow for the Regional Taxon Plans. Taxon Plan for Northland Brown Kiwi Regional Taxon Plans translate the objectives of the national Kiwi Recovery Plan for specific kiwi species and regions. The Taxon Plan for Northland Brown Kiwi will be reviewed in 2019. The Taxon plan review will provide FNDC with an opportunity to collaborate with DOC and other stakeholders to implement the objectives of the national Kiwi Recovery Plan. This may include: • Warranting DOC officers under the Dog Control Bylaw so they can legally apprehend dogs within DOC estate • Including DOC estate within the jurisdiction of the Dog Control Bylaw • Increasing public awareness and acceptance of biodiversity protection policies e.g. through distributing information about kiwi with dog registration forms, providing signage • Collating and sharing monitoring data from Council, DOC, community groups and hapū • Provide interactive web based maps and information about biodiversity.

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Future participation in the review of the Taxon Plan for Northland Brown Kiwi is likely to provide for the development of more detailed and evidence based responses to the kiwi management issues for the District. This future programme will benefit from development of closer relationships with relevant stakeholders and conservation partners. The following outlines a number of opportunities that are currently being explored by Council: • Working with hapū to enable kaitiakitanga and the development of ancestral land • Encouraging the legal protection of habitat through consent notices or covenants • Identifying habitat corridors when establishing new esplanade reserves • Proactively developing guidelines so community conservation groups can carry out ecological restoration without endangering the public enjoyment and safety • Reviewing the vegetation clearance rules within the Far North District Plan • Lobbying central government for resources and legislation that enables biodiversity protection e.g. amending the Dog Control Act

3) Financial implications and budgetary provision The draft Kiwi Recovery Plan is a national level document to co-ordinate action across New Zealand. It does not have any direct financial implications for FNDC. The Kiwi Recovery Plan will be implemented through the review of the Taxon Plan for Northland Brown Kiwi which is due to take place in 2019. Significant progress towards DOC’s goals could be made with minimal financial implications through: • Collaboration between FNDC and DOC • Process improvements for resource consents • Staff participation in Kiwi Recovery Group

Potential financial implications for reducing predation of kiwi by dogs include: • $25,000 within existing budget to monitor and enforce existing consent notices prohibiting cats and dogs • $50,000 (for which we have sought a grant from an external funding agency) to deliver a programme to microchip and neuter dogs.

Reason for the recommendation The report has been prepared to inform the Council of DOC’s Kiwi Recovery Plan 2017 - 2027 and to seek approval of the draft submission prepared by the District Plan team.

Manager: Kathryn Ross - General Manager Strategic Planning and Policy Group Attachment 1: Draft Submission on Department of Conservation Kiwi Recovery Plan 2017 - 2027 Document number A1819175

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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 Maori 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.

Relationship with existing policies and The District Plan is under review. The Community outcomes. proposals in the Kiwi Recovery Plan could be affected by the provisions of the District Plan.

Possible implications for the relationship Kiwi are a taonga species and require of Māori and their culture and traditions active protection. with their ancestral land, water, site, waahi tapu, valued flora and fauna, and other taonga.

Views or preferences of persons likely to Property owners within high density kiwi be affected by, or to have an interest in areas are more likely to be affected by the matter, including persons with kiwi protection policies. Ongoing disabilities, children and older persons. communication is required.

Does the issue, proposal, decision or other The decision to make a submission is of matter have a high degree of significance low significance. or engagement as determined under the Council's Policy #2124?

If the matter has a Community rather than The proposals have District wide a District wide relevance has the significance. Community Board's views been sought?

Financial Implications and Budgetary Additional staff time would be required Provision. to achieve consent condition and dog control bylaw compliance.

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

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16 February 2017

The Leader Kiwi Recovery Plan Consultation Department of Conservation Emailed: [email protected]

Far North District Council Submission on the Draft Kiwi Recovery Plan 2017 - 2027

Introduction The Far North District Council welcomes the opportunity to comment on the draft Kiwi Recovery Plan 2017-2027. District Councils have functions and responsibilities under the Resource Management Act 1991 (RMA), Local Government Act 2002, Reserves Act 1977 and the Dog Control Act 1996. The way these functions and responsibilities are carried out can affect outcomes for kiwi. FNDC supports the goals stated within the Recovery Plan. They are consistent with Councils obligations pursuant to s. 6c of the Resource Management Act 1991. We note that under section 3.5 Partnerships and Key Associates, local government is mentioned in passing. It is our view that more emphasis could be placed in the Plan on the potential for a closer and even more effective partnership with local government. FNDC disagrees with the second part of the statement in section 5.3.4 that: “For some populations (e.g. in Northland), dogs have surpassed mustelids as the main agent of decline, yet few tools are available to mitigate or reduce that problem.” In fact there are many tools in the toolkit that have not been systematically applied and FNDC could use those tools to make a very significant impact upon the population of kiwi in Northland. In short, the critical role of local government requires re- evaluation. We invite DOC to collaborate with Council at a national level to explore that potential in more detail. This would build upon local collaboration with DOC staff which has shown Council that more could be done.

FNDC Current Contribution to Kiwi Recovery District Councils’ role has been overlooked in this Kiwi Recovery Plan. Council has responsibilities under s.6c of the RMA to manage indigenous flora and fauna and their habitats. The Far North District Council (FNDC) would like to work with the Department of Conservation, hapu, conservation groups, developers and residents to support the Recovery Plan goals. FNDC is contributing to the protection of kiwi populations by: • Managing the adverse effects of subdivision and development in high density kiwi areas through resource consent conditions and consent notices that prohibit the keeping of cats and dogs • Improving the monitoring and enforcement of consent notices

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• Updating the Dog Control Bylaw and policy to encourage and enforce responsible dog ownership • Enabling community conservation groups to carry out ecological restoration within Council administered reserves • Providing rates relief for habitat that is legally protected by a covenant • Participating in advocacy and education activities Details of Councils current contribution is as follows: Subdivision and Consent Notices Pursuant to s.221 of the RMA, Council can impose consent notice conditions on new Certificates of Title. For example, consent notice conditions to prohibit the keeping of dogs, cats and mustelids. Historically this has been a popular method to manage the adverse effects of subdivision and development on kiwi. FNDC is investigating new approaches for recording, monitoring and enforcing consent notices. The efficacy of consent notices is directly linked to monitoring and enforcement.

Review of the Dog Control Bylaw and Policy FNDC notes that the Plan states in section 3.1.5: “Predation of adult kiwi by dogs (Canis familiaris) and ferrets (Mustela puorius) can cause catastrophic declines in local populations (e.g. Taborsky 1988; Pierce & Sporle 1997) and strongly influence population trends by significantly reducing the life expectancy of adults in some areas (e.g. Northland).”

In 2016 FNDC commenced a fundamental review of the FNDC Dog Control Bylaw and Policy. The revised bylaw promotes responsible dog ownership, states where dogs are not permitted, where they are permitted only on a leash and how uncontrolled dogs will be managed. It also restricts urban households to 2 dogs per household, which is not necessarily adequate to protect kiwi.

DOC officers can be warranted to enforce the Dog Control Act. FNDC is investigating the option of increasing the number of warrants which would allow DOC officers to issue infringement fines. The Bylaw and Policy is to be amended to ensure that dogs cannot be allowed on the wet sand at low tide, thus increasing the protection of island wildlife sanctuaries. There will also be increased neutering of dogs that are not under proper control.

The Recovery Plan does not give sufficient emphasis to the powers and duties of Councils and partner agencies under the Dog Control Act 1996. The government is reviewing the Dog Control Act with a view to making the rules more stringent and the Associate Minister has written to Councils asking them to take a tougher stance on enforcement. FNDC agrees that more can be done in this area to protect wildlife. FNDC has applied for government funds for a voluntary microchipping programme to reduce the unacceptably high number of unregistered and stray dogs in the district.

Community Conservation Groups Council has noticed an increase in the number of community conservation groups requesting permission to carry out ecological restoration on Council administered reserves. Council wishes to encourage community groups to manage reserves provided they can do so without endangering the enjoyment or safety of other reserve users. The District Plan Team has discussed with Reconnecting Northland, Kiwi’s for Kiwi, and Bay Bush Action the possibility of making more reserve land available for ecological restoration.

Rates Relief Covenants Council provides rates relief to the owners of 58 properties that are subject to conservation covenants. In 2015 Council remissions totaled $167,500.

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Advocacy and Education Council has a representative on the Northland Kiwi Recovery Group and is liaising with group members. Group members have suggested several opportunities for Council to contribute to protecting kiwi and biodiversity in general.

The Kiwi Recovery Plan should acknowledge these District Council initiatives. Additional Opportunities for FNDC to Support the Kiwi Recovery Plan In addition to Council’s existing contribution, there are further opportunities for Council involvement. The Northland Kiwi Recovery Group, conservation groups and communities have suggested the following actions to support the Recovery Plan objectives: Objective 2.1 and 2.2 Threat of dogs to kiwi • Warranting DOC officers under the Dog Control Bylaw so they can legally apprehend dogs within DOC estate and issue infringement notices • Including the Waitangi Forest Estate within the jurisdiction of the Dog Control Bylaw and Policy. • Increasing public awareness and acceptance of biodiversity protection policies e.g. through distributing information about kiwi with dog registration forms, providing signage Objective 5.1 Data Management • Collating and sharing monitoring data from Council, DOC, community groups and hapu • Provide interactive web based maps and information about biodiversity. In addition to the actions stated above, FNDC is investigating the following opportunities: • Working with hapu to enable kaitiakitanga and the development of ancestral land • Encouraging the legal protection of habitat through consent notices or covenants • Identifying habitat corridors when establishing new esplanade reserves • Proactively developing guidelines so community conservation groups can carry out ecological restoration without endangering the public enjoyment and safety • Reviewing the vegetation clearance rules within the Far North District Plan. • Lobbying central government for resources and legislation that enables biodiversity protection e.g. amending the Dog Control Act.

Council is aware that kiwi are indicator species. Where kiwis are thriving it is likely that there are few predators and other birds will also be doing well. Council looks forward to collaborating with other groups to investigate management options that will make efficient use of limited conservation resources. Council would like to be involved in future consultative processes including the development of the Taxon Plan for Northland Brown Kiwi in 2019.

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CONCLUSION Council appreciates your consideration of this submission and would value the opportunity to contribute to further discussion. Council would like to work with Department of Conservation staff within Northland to implement the recommendations of the Kiwi Recovery Plan.

If you require any further information please do not hesitate to contact me on our freephone number 0800 920 029 or 09 401 5200.

Yours sincerely,

Kathryn Ross General Manager – Strategic Planning and Policy

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Item: 7.1 MEETING: COUNCIL - 16 FEBRUARY 2017 Name of item: APPOINTMENT OF INDEPENDENT HEARING COMMISSIONER (RC 2170036) Author: Lynley Newport - Manager Resource Consents Date of report: 26 January 2017 Document number: A1819555 Executive Summary The purpose of the report is to seek Council’s endorsement of the appointment of a Commissioner to hear and determine (jointly with NRC) RC 2170036-RMALUC being an application for land use consent lodged by BOI Vintage Railway Trust and Aquaculture and Marine Service Providers. The application relates to the proposed establishment and operation of a terminus for the BOI Vintage Railway and to reclaim an adjacent area of seabed to accommodate a landing facility for marine farming and barging activities for Marine Service Providers. The proposed independent Commissioner is Rob Lieffering who recently heard Ngawha Geothermal applications. Recommendation THAT pursuant to section 34A(1) of the Resource Management Act 1991 Council appoints Rob Lieffering (Chair) to hear and determine RC 2170036- RMALUC, being a land use application lodged by BOI Vintage Railway Trust and Aquaculture and Marine Service Providers

1) Background BOI Vintage Railway Trust and Aquaculture and Marine Service Providers has lodged applications to the Far North District Council and Northland Regional Council for the establishment and operation of a terminus for the BOI Vintage Railway and to reclaim an adjacent area of seabed to accommodate a landing facility for marine farming and barging activities for Marine Service Providers.

This application was processed via a notification process and attracted a large number of submissions, with several submitters expressing a wish to be heard. NRC was originally assigned the role of “lead agency” as the majority of the consenting is under Regional Plans. However, NRC has recently requested that the FNDC take over the organization of the hearing process as they have a staff resourcing and experience issue. At time of writing, the Hearing was scheduled for 3 April 2017 (and probably 4 April 2017). The NRC has proposed appointing Mr Rob Lieffering as sole Commissioner and the FNDC has no issue with that proposal having utilized Mr Lieffering’s services in the past. Mr Lieffering is not yet on Council’s list of approved Hearings Commissioners so he will need to be formally appointed pursuant to section 34A(1) of the Resource Management Act 1991 (RMA). As previously reported, the Council’s list of approved commissioners is due for a review in the near future and will be the subject of a separate agenda item at that time. Mr Lieffering is an experienced Commissioner, with Chair endorsement.

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2) Discussion and options This item is being put forward because Council must endorse the appointment of any Commissioner that is not yet on the Council’s approved list. It is considered sensible and prudent to use an experienced Commissioner who is familiar with the area Mr Lieffering is considered to bring the appropriate range of skills and expertise to the hearing and to dealing with the matters raised in the submissions made to the FNDC.

3) Financial implications and budgetary provision There are no financial implications for Council as the costs of the hearing are borne by the applicant.

4) Reason for the recommendation The appointee has the experience and expertise required of a Commissioner for applications of this type and their appointment as Commissioner is considered appropriate. The purpose of the report is to recommend for Council to appoint a Commissioner to hear and determine RC 2170036-RMALUC being an application by BOI Vintage Railway Trust and Aquaculture and Marine Service Providers for the establishment and operation of a terminus for the BOI Vintage Railway and to reclaim an adjacent area of seabed to accommodate a landing facility for marine farming and barging activities for Marine Service Providers.

Manager: Dr Dean Myburgh - General Manager District Services Group

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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.

Relationship with existing policies and Council appointment of Commissioners is Community outcomes. consistent with current Council policy and resolution.

Possible implications for the relationship It has not been considered necessary in of Māori and their culture and traditions this instance to appoint more than a with their ancestral land, water, site, single Commissioner and there is no waahi tapu, valued flora and fauna, and special circumstance warranting the other taonga. appointment of additional expertise in regard to Maori.

Views or preferences of persons likely to The views and preferences of affected be affected by, or to have an interest in persons, in this case considered to be the matter, including persons with the applicant; consent authorities and disabilities, children and older persons. submitters, have been taken into account in determining the appropriate appointee.

Does the issue, proposal, decision or Low level of significance. other matter have a high degree of significance or engagement as determined under the Council's Policy #2124?

If the matter has a Community rather Statutory process being followed in than a District wide relevance has the regard to the notification of, and hearing Community Board's views been sought? of the application.

Financial Implications and Budgetary Nil financial implications - cost recovery Provision. from applicant. The Chief Financial Officer has not reviewed this report. Chief Financial Officer review.

Document number A1819555 Page 3 of 3 Item: 7.2 MEETING: COUNCIL - 16 FEBRUARY 2017 Name of item: CUSTOMER SERVICE STRATEGY UPDATE Author: Dean Myburgh - General Manager District Services Date of report: 16 January 2016 Document number: A1814044 Executive Summary Council identified Customer Service improvement as a priority and has developed a strategy-on-a- page that provides overall direction to improvement efforts. This is consistent with good customer service / customer experience practice. Attention now needs to shift to the implementation of recommendations made following completion of a customer services audit during the last quarter of 2016. Adoption of the Customer Service Strategy by Council will facilitate the commencement of a co-ordinated approach to implementing the Strategy as outlined in this report. Recommendation THAT Council adopt the Customer Service Strategy.

1) Background Council, at a workshop 08 October 2015, gave a lot of feedback for the development of a strategy and asked that the strategy be a meaningful one-pager that can be put up on a wall. The one-pager should be meaningful for the customer (what they can expect) and staff (what needs to be delivered). Also, Council stated that the Customer Services Strategy and the work undertaken to carry out implement the strategy was to give effect to the Vision and our Mission.

OUR VISION: A respected and trusted organisation that consistently delivers high quality services to the community and is dedicated to providing first class support to the Mayor, Council and Community Boards

OUR MISSION: A skilled work-force that informs, listens to and understands its customers, communities, including Iwi and Hapū, is focused on high performance and delivers on its promises.

2) Discussion and options Post the 08 October 2015, a Customer Services Working Group was established. Over a period of six months, a considerable amount of work was undertaken by the Customer Services Improvement Strategy Working Group including gathering feedback by individuals and groups of Council to propose the components needed for a simple but effective strategy that put customers at the centre.

The Working Group developed a strategic document that was a mixture of strategy and implementation. A review was undertaken to synthesis the findings into a

Document number A1814044 Page 1 of 6 reduced document. Given Council’s request for a simple, easily read strategy rather than a voluminous document, the strategy (customer focused) component was separated from the implementation (staff focused). The customer focused strategy is a “strategy on a page” (Attachment 1).

As well as the vision and mission, the “strategy on a page” takes into account complementary values from community, customers and staff:

• Council - Integrity, Manaakitanga, Professionalism • Customer - Integrity, Empathy, Professionalism • Our Voices, Our Vision - Mana tangata, Whanaungatanga, Manawatopu

For the purposes of the review, Customers were defined as:

All persons or groups of persons who have, are currently, and could in the future access Council Services

Council Services is further defined:

Everything that Council does, whether active or passive, that engages with individuals, groups, and communities of both place and interests (including our contractors)

The above two statements take into account all persons who have or may have need of Council services; ranging (but not exhaustive) from Requests for Service (RFSs), electronic (phone or e-mail etc., letters, kanohi ki kanohi (face to face) through to those who may be motivated to respond because of press releases, Council agendas and our web pages.

Customer Service Audit and Implementation

The review also found that the implementation to lift performance was mostly staff (Internal) centric and that while there was a general sense about what customers perceived to be issues that needed resolving to lift performance, staff had not canvassed our customers in a meaningful way to determine the issues from a customer perspective.

This identified weakness in developing an implementation plan because of the lack of concrete evidence that defines where the level of customer service sits (general feedback was that it is inconsistent). However, there is a benchmark that reflects where customer service sits as an organisation (not reflecting individual people). In determining where the organisation wants to be, we as an organisation have to understand where we are starting from. This benchmark needed to be determined along with identified issue to be resolved as we seek to lift performance and be more consistent, i.e. ‘where are we now and where do we want to be in 2 years’, and what actions or resources are needed to get us there.

The organisation needs to support staff to lift performance as ‘a skilled work-force that informs, listens to and understands’; therefore, there is a need to ensure that all

Document number A1814044 Page 2 of 6 staff have the tools, skills and the confidence to engage consistently with customers on a daily basis.

It was determined that an external organisation should carry out an audit of both internal processes including interviews with key staff as well as external customers. Areas identified were: • RFSs • Resource and Building Consents • On-site Inspection Services • Face to face customer service at Kerikeri, Kaikohe and Kaitaia CTMA was chosen to carry out the benchmark. They are a service quality improvement firm that provided a range of consulting and customer satisfaction research services. Their customer-driven product and service quality improvement programmes encompass five key organisational strategies: • Making it easy for customers and staff to do business • Making it easy for customers to make contact with questions and concerns • Responding to customers’ questions and concerns • Learning from customers what you do well and how to improve • Enabling customer-driven innovation and change The customer experience baseline research for Council produced a number of clearly actionable findings that focused on the advantages of good service and the cost of poor service (time and resources as well as integrity). CTMA identified sources of customer dissatisfaction, suggested and prioritised remedial actions and recommended improvements for our service to customers. This was done through a number of feedback workshops to senior managers. An Executive Summary of key findings has been circulated to members of the Customer Services Reference Group (this report is available to all Elected Members who wish to receive a copy). Next steps - implementing the CTMA actions Post the departmental briefings, respective Managers have been tasked with implementing improvements within their areas of responsibility. They will implement these in an integrated manner, with consideration of Council’s Digitisation Project and High Performance Organisation objectives.

A continuous improvement framework will be used to provide reference points for the implementation of the above mentioned strategies.

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An on-going measurement programme will be established to maintain a focus on customer experience measurement with “actionability” as its primary measurement objective. An on-going measurement programme of key customer processes will be established, with regular reporting to the Operations Committee. This operational discipline will ensures that the insights gained from learning from customers are converted into improved value for the organisation and for its customers. This on- going measurement programme will be funded from within existing operational budgets.

Document number A1814044 Page 4 of 6 Facilitation / ‘Customer Service Champion’ One of the key recommendations made by CTMA is the resourcing of a cross- Council facilitation role. As part of the recent Annual Plan considerations, approval was granted for two fixed-term appointments within the District Services Group to assist with customer service challenges within the consenting functions. One of these roles will focus on process improvements within the Group and the other will perform the ‘Customer Service Champion’ facilitation role across Council Groups / Departments, particularly the enhancement of customer experience in relation to RFSs.

Future reports to the Operations Committee will: • provide linkage with annual KPI performance reporting; and • be based on on-going measurement programmes of the customer experience with RFSs, Building Consents and Resource Consents.

The organisation needs to support staff to lift performance as ‘a skilled work-force that informs, listens to and understands’; therefore, there is a need to ensure that all staff have the tools, skills and the confidence to engage consistently with customers on a daily basis.

3) Financial implications and budgetary provision Further implementation of next steps including an on-going measurement programme will be funded from within existing operational budgets.

4) Reason for the recommendation Given the focus of Council’s Vision and Mission, there was a need to improve our customer service delivery. Council at a workshop requested a “Strategy on a Page”.

Manager: Dean Myburgh - General Manager Strategic District Services Group Attachment 1: Customer Services Strategy on a Page - Document number A1814050

Document number A1814044 Page 5 of 6 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 Maori 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.

Relationship with existing policies and Aligns with Council Vision and Mission Community outcomes.

Possible implications for the relationship Considered as part of the Strategy of Māori and their culture and traditions with their ancestral land, water, site, waahi tapu, valued flora and fauna, and other taonga.

Views or preferences of persons likely to Customer views were canvassed as part be affected by, or to have an interest in of determining actions to implement the matter, including persons with disabilities, children and older persons.

Does the issue, proposal, decision or other No matter have a high degree of significance or engagement as determined under the Council's Policy #2124?

If the matter has a Community rather than District-wide relevance. a District wide relevance has the Community Board's views been sought? Further implementation of next steps Financial Implications and Budgetary Provision. including an on-going measurement programme will be funded from within

existing operational budgets.

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

Document number A1814044 Page 6 of 6 CUSTOMER SERVICES STRATEGY

OUR VISION AND VALUES

To be a respected and trusted organisation that consistently delivers high quality services to our community. We are guided by the shared values of our community, our customers and our staff.

Provide first class support to the Mayor, Council and our Community Boards.

We will identify and take ownership of challenges and we will work with our community to find solutions.

CUSTOMER Integrity Empathy Professionalism

Integrity Mana tangata

Manaakitanga Whanaungatanga COUNCIL Professionalism Manawatopu

OUR CUSTOMER SERVICE PROMISE

We will listen to customers, keep them informed and provide the best service we can. This requires continually improving our skills and talking with customers to understand their needs.

OUR CUSTOMER SERVICE PRINCIPLES

Te Reo Quality Recognise te reo Māori and provide reliable, flexible and make it equal and relevant in responsive services. all our services. All customers will Working Together Relevance receive effective provide seamless and transpar- provide services that meet customer service ent customer services that make customer needs when and through... it easy to do business with us. where they need them.

Consistency Choice provide the right information at provide a range of customer the right time, no matter how Accessibility service channels. the customer contacts us. provide services where custom- ers need them, in the manner they are needed.

Document number A1814050 Page 1 of 1 Item: 8.1 MEETING: COUNCIL - 16 FEBRUARY 2017 NAME OF ITEM: DRAFT LOCAL GOVERNANCE STATEMENT 2016-2019 Author: Kate Barnes - Team Leader Governance Support Date of report: 12 January 2017 Document number: A1815384 Executive Summary

The Local Government Act 2002 requires every local authority to prepare and make publicly available a Local Governance Statement (that complies with Section 40 (1) of the Act) within six months after each triennial general election. The purpose of the report is to note the Draft Local Governance Statement 2016-2019.

Recommendation THAT the Council note the Local Government Statement.

1) Background The Council has an obligation under Section 40 (1) of the Local Government Act 2002 to prepare and make publicly available, following the triennial general election of members, a Local Governance Statement that includes information on- (a) the functions, responsibilities, and activities of the local authority; and (b) any local legislation that confers powers on the local authority; and (ba) the bylaws of the local authority, including for each bylaw, its title, a general description of it, when it was made, and, if applicable, the date of its last review under section 158 or 159; and (c) the electoral system and the opportunity to change it; and (d) representation arrangements, including the option of establishing Māori wards or constituencies, and the opportunity to change them; and (e) members’ roles and conduct (with specific reference to the applicable statutory requirements and code of conduct); and (f) governance structures and processes, membership, and delegations; and (g) meeting processes (with specific reference to the applicable provisions of the Local Government Official Information and Meetings Act 1987 and standing orders); and (h) consultation policies; and (i) policies for liaising with, and memoranda or agreements with, Māori; and (j) the management structure and the relationship between management and elected members; and (ja) the remuneration and employment policy, if adopted; and (k) equal employment opportunities policy; and (l) key approved planning and policy documents and the process for their development and review; and (m) systems for public access to it and its elected members; and (n) processes for requests for official information.

Document number A1815384 Page 1 of 3 Section 40 (2) of the Local Government Act 2002 requires completion of the local governance statement within six months after the each triennial general election of member of the local authority.

2) Discussion and options

The draft Local Governance Statement 2017 (refer Attachment 1) represents the current position of the Far North District Council without reference to any proposed changes, either current or expected, to be implemented by this Council, and meets the requirements of Section 40(1) of the Local Government Act 2002.

3) Financial implications and budgetary provision

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

4) Reason for the recommendation

To provide Council with a draft Local Governance Statement that complies with the provisions of Section 40 of the Local Government Act 2002.

Manager: Roger Ackers - (Acting) General Manager Corporate Services Group Attachment 1: (Draft) Local Governance Statement 2017 - Document number A1817992

Document number A1815384 Page 2 of 3 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.

Relationship with existing policies and Meets the requirements of Section 40 of Community outcomes. the Local Government Act 2002

Possible implications for the relationship Meets the requirements of Section 40 of of Māori and their culture and traditions the Local Government Act 2002 with their ancestral land, water, site, waahi tapu, valued flora and fauna, and other taonga.

Views or preferences of persons likely to Not applicable. be affected by, or to have an interest in the matter, including persons with disabilities, children and older persons.

Does the issue, proposal, decision or other Not applicable. matter have a high degree of significance or engagement as determined under the Council's Policy #2124?

If the matter has a Community rather than Meets the requirements of Section 40 of a District wide relevance has the the Local Government Act 2002 Community Board's views been sought?

Financial Implications and Budgetary There are no financial implications or Provision. budgetary provisions required as a result Chief Financial Officer review. of this report. The Chief Financial Officer has not reviewed this report.

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Local Governance Statement

2016-2019

Document number A1817992 Page 1 of 33 LOCAL GOVERNANCE STATEMENT 2016-2019

Contents

What is a Local Governance Statement? ...... 3 Functions, responsibilities and activities of Council ...... 3 Purpose of local government ...... 3 Legislation (including local) ...... 4 Bylaws ...... 4 Governance structure for 2016-2019 and processes ...... 5 Council representation ...... 5 Contact details for your Mayor and Councillors ...... 6 Committees ...... 9 Community Boards ...... 9 Contact details for your Community Board Members ...... 10 Far North District Ward and Community Board areas ...... 15 Delegations ...... 16 Council Organisations...... 16 Far North Holdings Limited - CCTO ...... 16 Te Ahu Charitable Trust – CCO ...... 16 Members roles and conduct ...... 17 The role of Elected Members ...... 17 The role of the Mayor ...... 17 The role of the Deputy Mayor ...... 18 The role of a Committee Chairperson ...... 18 Conduct ...... 18 Representation arrangements ...... 19 Electoral voting systems...... 19 Changing the Electoral Voting system ...... 19 Existing Representation Arrangements ...... 19 Reviewing Council Representation Arrangements including Māori wards and constituencies ...... 21 Reorganisation process...... 21 Council’s management structures and relationships ...... 22 Chief Executive ...... 22 Management structure ...... 22 Corporate Services ...... 23 Infrastructure and Asset Management ...... 23 District Services ...... 24 Strategic Planning and Policy ...... 24 Community Participation in Council Decision – Making ...... 25 Decision-making ...... 25 Meeting processes ...... 25 Consultation and Engagement Policies and Principles ...... 26 Special Consultative Procedure (section 83 of the LGA) ...... 26 Policies for liaising with, and memoranda or agreements with, Māori ...... 26 Key Approved Planning and Policy Documents ...... 28 Plans and policies ...... 28 Equal Employment Opportunities ...... 28 Getting Information and Service ...... 29 Council service centres can be found in the following locations: ...... 29 Official Information ...... 30 Appendix 1 Bylaws ...... 31 Council Bylaws ...... 31

Document number A1817992 Page 2 of 33 LOCAL GOVERNANCE STATEMENT 2016-2019

What is a Local Governance Statement?

A Local Governance Statement is a collection of information about how Council operates, how it makes decisions, and how members of the community can influence these processes. It supports the purpose of local government by promoting local democracy and provides you with information on the how to influence local democratic processes.

This Local Governance Statement includes information under the following broad headings: (a) The functions, responsibilities, and activities of Far North District Council including local legislation that confers powers on the Council (b) Governance: structures (committees, community boards etc) and processes (including meeting processes), members' roles and conduct (including legal information and the code of conduct) (c) Representation arrangements, including the electoral system we use, and the next opportunity to change them (d) Council’s management structure and the relationship between management and Elected Members (e) Communicating with Council, key planning and policy documents, including consultation policies and policies for liaising with Māori, and our processes for public enquiries and requesting official information.

Functions, responsibilities and activities of Council

Purpose of local government The purpose of local government is – • To enable democratic local decision-making and action by, and on behalf of, communities • To meet the current and future needs of communities for good-quality local infrastructure, local public services and performance of regulatory functions in a way that is most cost-effective for households and businesses. (Local Government Act 2002, section 10 (1)).

In a nutshell our role is to lead and represent our communities, engaging with you and encouraging your participation in decision-making. In making our decisions, we need to consider the needs of the people currently living in our communities as well as those who will live here in the future.

We have a pretty broad scope to do anything that contributes to our purpose. As such we undertake a wide range of functions and carry out a number of roles. For example:

• We work with communities, and advocate on their behalf, to create sustainable district well-being.

• We provide local infrastructure, including water, sewerage, stormwater, drainage, roads, district facilities (from libraries, halls and cemeteries to reserves and public toilets).

• We provide environmental safety and health, district emergency management and civil defence, building control, public health inspections and other environmental health services and regulation.

• We control the effects of land use, noise, and the effects of activities on the surface of lakes and rivers.

• We contribute to community, economic and social development within the district.

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Our Long Term Plan 2015-2025 sets out the activities and services we intend to deliver to meet the District’s needs. During 2017 and 2018 we will be developing a new Long Term Plan for 2018-2028.

Legislation (including local)

We carry out our role and responsibilities under a wide array of legislation, including:

• the Local Electoral Act 2001, which sets out the processes for the conduct of council elections

• the Local Government Act 2002, which sets out the general powers of councils, and planning and accountability requirements

• Local Government (Rating) Act 2002, which sets out the powers councils have to raise revenue by different rating tools to pay for the services we deliver.

In addition to the legislation that applies to all territorial authorities, the Far North District Council also has powers and responsibilities under the Northland Regional Council and Far North District Council Vesting and Empowering Act 1992, which

(a) vested in the Far North District Council certain property, documents, rights and liabilities of the Northland Regional Council including land vested in the Northland Regional Council under the Local Government () Reorganisation Order 1989, certain harbour and maritime facilities, resource consents and approvals and (b) gave the Far North District Council certain authorities and powers in respect of mooring charges.

Bylaws

The Local Government Act 2002 also provides Council with the power to make bylaws for the following purposes:

• protecting the public from nuisance

• protecting, promoting and maintaining public health and safety

• minimising the potential for offensive behaviour in public places.

Our bylaws can be accessed at: https://www.fndc.govt.nz/your-council/councils-bylaws

Appendix 1 contains an overview of our Bylaws at December 2016, their purpose and the key dates for review. You can find more information about Council’s consultation process under “Community participation in Council decision making” sections of this document.

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Governance structure for 2016-2019 and processes

Council representation

The Council comprises the Mayor, who is elected by the District, and nine councillors, who are elected from three wards. The Council retains the sole power to perform a number of functions (see delegations below).

There are currently no Māori wards.

Below is a diagram of the main governance structure. Detailed further within the Governance Statement are further committees and boards. A full listing may be obtained from www.fndc.govt.nz.

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Contact details for your Mayor and Councillors

Hon John Carter QSO Phone: 09 401 5210 or 027 445 5754 Mayor Email: [email protected]

Cr Tania McInnes Phone: 027 889 3543

Deputy Mayor Email: [email protected] Bay of Islands- Whangaroa Ward

Cr Colin ‘Toss’ Kitchen Phone: 0274 762 079

Te Hiku Ward Email: [email protected]

Cr Mate Radich Phone: 027 876 4899

Te Hiku Ward Email: [email protected]

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Cr Felicity Foy Phone: 027 498 8131

Te Hiku Ward Email: [email protected]

Cr Sally Macauley QSM Phone: 021 244 3185

Kaikohe-Hokianga Ward Email: [email protected]

Cr John Vujcich Phone: 021 983 720

Kaikohe-Hokianga Ward Email: [email protected]

Cr Willow-Jean Prime Phone: 09 401 5200

Bay of Islands - Email: [email protected] Whangaroa Ward

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Cr Ann Court Phone: 027 295 5550

Bay of Islands - Email: [email protected] Whangaroa Ward

Cr Dave Hookway Phone: 027 5435 502

Bay of Islands - Email: [email protected] Whangaroa Ward

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Committees

Council has changed its committee structure from the previous triennium. It has established the following Committees:

• Governance Committee • Strategy Committee • Corporate Committee • Operations Committee • Executive Review Committee • District Licensing Committee • Creative Communities Funding Assessment Committee

In addition Te Oneroa-a-Tōhē Beach Board is a co-governance partnership with Te Rūnanga o Te Rarawa, Te Manawa o Ngāti Kuri Trust, Te Rūnanga Nui o Te Aupouri Trust, Te Rūnanga o NgāiTakoto and the Northland Regional Council for the benefit of the community. For administrative purposes the Board is a permanent joint committee of the Far North District Council and the Northland Regional Council.

In addition to formal committees the Council establishes working parties and other entities as required, such as the Procurement Board.

Full details of Council committees, membership and meeting arrangements may be obtained from www.fndc.govt.nz.

The four Northland Councils enter into a Triennial Agreement post local body elections whereby they agree to work collaboratively for the good governance of the region. This agreement is made pursuant to Section 15 of the Local Government Act 2002.

Council is additionally represented on a number of external boards, committees, working parties and local groups. A full listing may be obtained from www.fndc.govt.nz.

Community Boards

The Far North District includes three Communities, each with their own Community Board. Community Boards represent and act as an advocate for the interests of their community. They: • Consider and report on all matters referred to them by Council and any matter of interest or concern to the Community Board • Maintain an overview of services provided by Council within the Community • Prepare an annual submission to Council for expenditure within the Community • Communicate with community organisations and special interest groups within the Community • Undertake any other responsibilities that are delegated to it by Council.

In addition to the Elected Members of the Board, Council appoints one Councillor to each Community Board. Each Community Board elects its own Chairperson.

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Contact details for your Community Board Members

Member Adele Gardner Phone: 021 187 9985

Chair - Te Hiku Email: [email protected] Community Board

Member Melanie Dalziel Phone: 021 415 665

Deputy Chair - Te Hiku Email: [email protected] Community Board

Member Lawrie Atkinson Phone: 021 029 29 335

Te Hiku Community Board Email: [email protected]

Member Nuu Ward Phone: 022 162 4585

Te Hiku Community Board Email: [email protected]

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Member Bronwyn Hunt Phone: 027 522 2116

Te Hiku Community Board Email: [email protected]

Member Awhina Murupaenga Phone: 021 106 6897

Te Hiku Community Board Email: [email protected]

Member Mike Edmonds Phone: 027 532 9920

Chair - Email: [email protected] Kaikohe-Hokianga Community Board

Member Emma Davis Phone: 0276 404 080

Deputy Chair - Email: [email protected] Kaikohe - Hokianga Community Board

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Member Kelly van Gaalen Phone: 022 350 8960

Kaikohe-Hokianga Email: [email protected] Community Board

Member Shaun Reilly Phone: 021 026 72575

Kaikohe-Hokianga Email: [email protected] Community Board

Member Robert Cassidy Phone: 020 4125 6258

Kaikohe-Hokianga Email: [email protected] Community Board

Member Louis Toorenburg Phone: 09 405 4581

Kaikohe - Hokianga Email: [email protected] Community Board

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Member Terry Greening Phone: 021 179 8020

Chair - Email : [email protected] Bay of Islands - Whangaroa Community Board

Member Belinda Ward Phone: 09 402 8534

Deputy Chair - Email: [email protected] Bay of Islands - Whangaroa Community Board

Member Lane Ayr Phone: 027 445 8938

Bay of Islands - Whangaroa Email: [email protected] Community Board

Member Martin Robinson Phone: 022 136 9619

Bay of Islands - Whangaroa Email: [email protected] Community Board

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Member Rachel Smith Phone: 021 075 3407

Bay of Islands - Whangaroa Email: [email protected] Community Board

Member Bruce Mills Phone: 021 978 243 Bay of Islands- Whangaroa Community Board Email: [email protected]

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Far North District Ward and Community Board areas

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Delegations

The Local Government Act 2002 provides that Council may delegate, to a committee or other subordinate decision-making body, community board, or member or officer of Council, any of its responsibilities, duties or powers except:

• the power to make a rate or bylaw • the power to borrow money, or purchase or dispose of assets, other than in accordance with the long term plan • the power to adopt a long-term plan, annual plan or annual report • the power to appoint a chief executive officer • the power to adopt policies required to be adopted and consulted on under the Act in association with the long-term plan or developed for the purpose of the local governance statement: or • the power to adopt a remuneration and employment policy

Delegations are entered into the delegations register.

Council Organisations

Far North Holdings Limited - CCTO

Far North Holdings Limited is a Council Controlled Trading Organisation under the Local Government Act 2002 which is wholly owned by the Council. It is also is a Company registered under the Companies Act 1993 to manage a portfolio of commercial and community property investments, including the operation and maintenance of maritime and airport facilities.

The registered office of Far North Holdings Limited is in the Opua Industrial Building, 27 Baffin Street, Opua.

Far North Holdings Limited may have a minimum of three and a maximum of five Directors appointed to serve a three year term by Council under its Policy on the Appointment of Directors. Subject to the right of Shareholders to appoint the Chairperson of the Board, the Directors must elect one of their number as Chairperson of the Board. Under the Companies Act 1993 the Directors’ primary responsibility is to work in the best interests of Far North Holdings Limited. Council cannot lawfully ‘instruct’ the Directors.

Council may however comment on, or require an amendment to, the Statement of Intent which sets out the objectives which the company has for the coming year.

Te Ahu Charitable Trust – CCO

Te Ahu Centre in Kaitaia was opened in 2012 with the aim of becoming a multipurpose community facility for the use and enjoyment of Kaitaia and surrounding communities. Te Ahu Charitable Trust was originally formed to oversee the build and fundraising for the facility. During 2017 the Trust will cease to be a Council Controlled Organisation as the Trust becomes a community led organisation with responsibility for the operation, maintenance and development of Te Ahu. Council will become a tenant in the facility, paying a commercial rent to the Trust.

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Members roles and conduct

The role of Elected Members

The Mayor and the Councillors have the following roles:

• Setting the strategic direction of Council • Monitoring the performance of Council against the strategy • Representing the interests of the District (on election all members must make a declaration that they will perform their duties faithfully and impartially, and according to their best skill and judgment in the best interests of the District) • Employing the Chief Executive. The Chief Executive in turn, employs all other staff within the organisation.

The role of the Mayor

The Mayor is elected by the electors of the District as a whole and as one of the Elected Members shares the same responsibilities as other members of Council.

The Mayor has the following roles:

• to provide leadership to the other members of the Council and the people of the District • to lead the development of the Council’s plans (including the long term plan and the annual plan), policies, and budgets • preside as Chairperson at Council meetings. The Mayor is responsible for ensuring the orderly conduct of business during meetings (as determined in Standing Orders) • advocate on behalf of the District and its communities. This role may involve promoting the District and representing its interests. Such advocacy will be most effective where it is carried out with the knowledge and support of Council • ceremonial head of the Council

The Mayor has the following powers:

• to appoint the Deputy Mayor • to establish Committees of the Council • to appoint the Chairperson of each Committee. The Mayor is a member of each Committee of Council and during their term is a Justice of the Peace.

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The role of the Deputy Mayor

The Deputy Mayor is appointed by the Mayor unless the Mayor declines to exercise this power, in which case the Deputy Mayor is elected by the Members of Council at the first meeting following the election. The Deputy Mayor exercises the same roles as other Elected Members. However, in addition, if the Mayor is absent or incapacitated, or if the office of Mayor is vacant, then the Deputy Mayor must perform all of the responsibilities and duties, and may exercise the powers of, the Mayor (as summarised above).

The Deputy Mayor may at any time be removed from office by resolution of Council.

The role of a Committee Chairperson

A Committee Chairperson is responsible for presiding over meetings of the Committee, ensuring that the Committee acts within the powers delegated by Council as set out in the Council’s Delegations Manual. A Committee Chairperson is appointed by the Mayor unless the Mayor declines to exercise this power, in which case the Chairperson may be appointed or removed from office by resolution of Council. If the local authority does not appoint a Chairperson, that power may be exercised by the Committee.

Conduct

Elected Members have specific obligations as to their conduct in the following legislation:

• Schedule 7 of the Local Government Act 2002 includes obligations to act as a good employer in respect of the Chief Executive and to abide by the adopted code of conduct and standing orders; • The Local Authorities (Members’ Interests) Act 1968 regulates the conduct of Elected Members in situations where there is, or could be, a conflict of interest between their duties as an Elected Member and their financial interests (either directly or indirectly); • The Secret Commissions Act 1910 prohibits Elected Members from accepting gifts or rewards which could be seen to sway them to perform their duties in a particular way; and • The Crimes Act 1961 deals with the acceptance of gifts for acting in a certain way and the use of official information for private profit.

All Elected Members are required to adhere to a Code of Conduct. This Code of Conduct sets out Council’s understanding and expectations of how the Mayor and Councillors will relate to: each other; staff; media; and the general public in the course of their duties. It also covers disclosure of information that is received by, or is in the possession of, Elected Members and contains details of the sanctions that Council may impose if an individual breaches the Code of Conduct.

Council adopted a Code of Conduct on 15 December 2016. Copies of the Code of Conduct may be obtained from Council’s website at www.fndc.govt.nz

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Representation arrangements

Electoral voting systems

Local elections are held once every three years. Since 2004 there are two electoral systems that can be used:

• First Past the Post (FPP) - where electors vote by indicating their preferred candidates and the candidates with the most votes are elected

• Single Transferable Vote system (STV) – Where electors rank the candidates in order of preference

Far North District Council elections are currently (and always have been) conducted under the FPP system.

Changing the Electoral Voting system

The Local Electoral Act 2001 provides the opportunity for changing the electoral system by:

• a resolution (decision) of Council

• as a result of a poll demanded by electors

• as a result of a poll initiated by Council.

Once changed, an electoral system must be used for at least the next two triennial general elections.

Council last considered the system it uses in 2011. If Council wishes to change the electoral system for the next election (in 2019) it will need to make a decision about this prior to 12 September 2017.

The public may demand a poll even if the Council does not resolve to change the system or to conduct a poll (on changing the system).

Existing Representation Arrangements

The current representation arrangements described in the governance structure were adopted in 2015. i.e. that in addition to a Mayor, who is elected by the District, there would be nine councillors who are elected from three wards as follows:

• Kaikohe-Hokianga Ward Two Councillors • Bay of Islands-Whangaroa Ward Four Councillors • Te Hiku Ward Three Councillors

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That there would be three communities, each with a Community Board. Each community is split into the following subdivisions:

Community Subdivision Number of elected members on the Community Board

Te Hiku Kaitaia 3

Doubtless Bay 1

North Cape 1

Whatuwhiwhi 1

Kaikohe-Hokianga North Hokianga 1

South Hokianga 2

Kaikohe 3

Bay of Islands-Whangaroa Whangaroa 1

Kerikeri 3

Paihia 1

Russell-Opua 1

Kawakawa-Moerewa 1

There are currently no Māori wards. While the Far North District’s population has a high proportion of Māori (the 2013 census, 44.5 percent of people in Far North District belong to the Māori ethnic group, compared with 14.9 percent for all of New Zealand) when the Council conducted a poll to introduce Māori representation for its 2016 triennial elections, the poll was defeated.

Council has also considered the following:

• Establishing a Māori standing or advisory committee of Council.

• The appointment of Māori to Council bodies.

Council has not pursued these options, but has decided to set up a mixture of Elected Members and Māori representation around MoUs.

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Reviewing Council Representation Arrangements including Māori wards and constituencies

Council must review its representation arrangements at least once every six years. As part of the representation review a local authority takes a fresh look at the number of elected members (between six and 30), the way they are elected (whether they come from a ward or ‘at large’ across the wider district or a mixture of both approaches), boundaries and names of wards and constituencies and the number of members from each, whether or not to have separate wards for electors on the Māori roll, and whether to have Community Boards (and boundaries, membership, numbers etc).

Council must follow the procedures set out in the Local Electoral Act 2001 when conducting its representation review. We also follow the guidelines published by the Local Government Commission which can be viewed at www.lgc.govt.nz/representations-reviews/representation-review-guidelines/. A separate process is followed for reviewing the electoral system.

Any member of the public can make a written submission on a proposed representation review, which is then considered by council and council may change its proposals as a result. If a person who made a submission is not satisfied with the council’s amended proposal they can appeal against it.

If a council receives any objection it must refer the whole representation review to the Local Government Commission. A Commission decision can be appealed to the High Court on a point of law.

The last representation review was done in 2015. The next review is due in 2021 in time for the 2022 elections, although Council could review its representation arrangements earlier if it wanted to and electors may request this via a poll.

Similarly Māori wards and constituencies can be reconsidered for the 2022 elections and electors may request this via a poll. Council has previously considered establishing Māori standing or advisory committees of Council and the appointment of Māori to Council and its committees but decided instead to set up a model of mixed Elected Members and Māori representation around the MoUs, relationship agreements, partnership agreements and charters agreed with Māori. These are described later in this Governance Statement.

Reorganisation process

Local government reorganisation means changes to the structure of local authorities. It could be changes to boundaries; the creation of a new Council; combining existing Councils; the abolition of a Council; or the transfer of functions and duties from one Council to another.

The procedures for resolving each type of proposal are slightly different. In general they begin with a proposal either from: one or more of the affected Local Authorities; the Minister of Local Government or by a petition signed by 10% of the electors of the affected District or Districts.

Further information on the requirements can be found at www.lgc.govt.nz/the-reorganisation-process/ or in Schedule 3 of the Local Government Act 2002.

Currently there is a live reorganisation process in Northland that affects all Northland Councils. In June 2015 the Local Government Commission announced that it would not proceed with a proposal for a unitary council in the Northland region. Since then the Commission and Northland Councils have been working together to identify opportunities for better local government and service delivery within the region on a collaborative basis. Updates on the reorganisation process in Northland can be found at www.lgc.govt.nz/the- reorganisation-process/reorganisation-current-applications/view/northland-reorganisation .

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Council’s management structures and relationships

Council is supported by a professional organisation, led by the Chief Executive. The Chief Executive and staff are responsible for managing day-today issues implementing Council’s decisions and policies.

Chief Executive

The Acting Chief Executive is Mr Colin Dale (CNZM). Mr Dale can be reached on 09 401 5200; 027 236 0001 or by email: [email protected]

The Chief Executive implements and manages the Council's policies and objectives within the budgetary constraints established by the Council. Their responsibilities are:

• Implementing the decisions of the Council • Providing advice to the Council and Community Boards • Ensuring that all responsibilities, duties and powers delegated to the Chief Executive or to any person employed by the Chief Executive, or imposed or conferred by any Act, regulation or bylaw are properly performed or exercised • Managing the activities of the Council effectively and efficiently • Maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the Council • Providing leadership for the staff of the Council • Employing staff (including negotiation of the terms of employment for the staff).

The Chief Executive is the only person who may lawfully give instructions to a staff member. Therefore any complaint about individual staff members should be directed to the Chief Executive rather than to the Mayor or a Councillor.

Management structure

Council’s management is organised into four Groups and all staff can be contacted on 09 401 5200. The following is a list of the Groups, the General Managers and corresponding contact numbers:

Group General Manager Email Contact

Corporate Services Roger Ackers (Acting) [email protected] 021 289 6532 Strategic Planning and Kathryn Ross [email protected] 027 807 0364 Policy Infrastructure and Jacqueline Robson [email protected] 027 469 6104 Asset Management District Services Dr Dean Myburgh [email protected] 027 801 2268

In addition to the above Groups the Chief Executive Office also includes

• People and Capability (including Health and Safety) • Communications (internal and external)

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The Chief Executive, the Group Managers, the People and Capability Manager, and the Communications Manager make up the Strategic Management Team. This team considers organisation-wide issues and provides the link between elected members and staff. They are responsible for monitoring operational performance, giving policy advice, implementing policy, strategic planning and service delivery. By working in partnership, the Strategic Management Team ensures that actions are consistent with Council's Vision, Mission, Strategic Direction, Principles, and the Long Term Plan and Annual Plan.

General functions for the Groups are as follows:

Corporate Services

Finance and Revenue Administration

Accounts payable and receivable Mayor and elected member and community board support Debt collection Legal and legislative compliance Financial accounting and planning Information: Official information (LGOIMA); Insurance Ombudsman enquiries; Personal Management accounting information (Privacy Act); Property Property (sales/acquisitions/rentals) Procurement and project management Revenue and Treasury management Fleet management Publications

Information and Business Systems Risk, Internal Audit and Other Archives, document and information Performance analysis management Quality management Business continuity Risk GIS Internal audit Internet, intranet, website, CCTOs and CCOs telecommunications and mail

Network and technical support Systems analysis and development

Infrastructure and Asset Management

Asset Planning, development, maintenance and renewal

Roading Land drainage Water Parks and reserves Wastewater Civic and community facilities (e.g. halls, cemeteries, swimming pools, libraries and Stormwater public tools) Solid waste Properties

Emergency management and civil defence

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District Services

Approvals Community Services

Resource consenting Libraries Building consenting i-Sites Food and Liquor licensing Regional Museum Cemeteries administration

Customer Services Monitoring and Enforcement

Contact centre Environmental Branches/service centres Public health Compliance Animal management Bylaws

Strategic Planning and Policy

Community and Māori Development and Strategy, Policy and Planning Engagement

Strategic Direction setting with elected Develop and maintain strategic members relationships Strategic Frameworks Economic, social and community development Annual and long-term planning processes Support the development of community and Sustainable Development of the District iwi / hapū Management Plans Strategies and Policies that support the Youth development District and Council Vision, Objectives and Strategic Direction of Council Consultation and engagement co-ordination and advice District plan

Spatial and structure plans Strategy, policy and planning advice, research, monitoring and reporting Strategic implementation Bylaw development and review Advocacy

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Community Participation in Council Decision – Making

Decision-making

In the course of decision-making, local authorities must:

• Identify the significance of an issue or decision, and meet particular procedural requirements for a significant decision

• Identify whether a decision is significantly inconsistent with any policy or plan adopted by that local authority (although other policies and plans may also be relevant)

• Promote compliance with the principles of consultation

• Consider community views and preferences during the decision-making process

• Provide opportunities for Māori contribution to decision-making processes

• Consider all reasonably practical options

• Assess the options by considering the costs and benefits of each option, the extent to which they achieve community outcomes in an integrated and efficient manner, and their impact on the capacity of the local authority to meet its statutory obligations.

Council places a very strong emphasis on being aware of, and considering, community views and preferences during its decision-making processes. We use a broad range of ways for you to interact with us and always welcome feedback so we can improve.

Meeting processes

Council meets every six weeks.

The times and venues for ordinary meetings are advertised in local papers (Northern News and the Northland Age). Notice periods are detailed in the Local Government Official Information and Meetings Act 1987 in section 46. For ordinary meetings at least 14 days notice is usually given, which can be reduced if a schedule of meetings is adopted. Extraordinary meetings are generally called with at least three working days notice.

All Council, Committee and Community Board meetings are open to the public unless there is reason to exclude the public (e.g. protection of personal privacy, professionally privileged or commercially sensitive information, and the maintenance of public health, safety and order). The Local Government Official Information and Meetings Act 1987 contains a list of these circumstances.

Agendas are also public documents, although parts may be withheld if the above circumstances apply. Meeting minutes are kept as evidence of the proceedings and made publicly available, subject to those same circumstances.

Although meetings are open to the public, members of the public do not have speaking rights unless prior arrangements are made with Council or the Community Board.

Standing Orders govern the conduct of meetings, but can be suspended (75% majority vote). The Mayor, Committee or Community Board Chairperson is responsible for maintaining order at meetings.

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Visit the Council website www.fndc.govt.nz for a schedule of meeting dates or to obtain copies of the Code of Conduct and Standing Orders.

Consultation and Engagement Policies and Principles

Council has Significance and Engagement Policy to provide clarity about how and when communities can expect to be engaged in Council decisions. It can be found here www.fndc.govt.nz/your-council/councils- policies and will be reviewed during the course of the triennium.

While we have some discretion over how we consult and engage we must meet the principles of consultation (which can be tailored based on the significance of a decision and what we have heard and know already). The principles are contained in section 82 of the Local Government Act 2002 and in a nutshell provide those affected/interested in a decision should have:

• Access to relevant information, including the purpose of the consultation and scope of the decision(s) • An opportunity to present their views • Their views given due consideration with an open mind.

Specific legal requirements also override general consultation and engagement requirements. Two examples are where the special consultative procedure is required or Council’s obligations to consult when preparing its District Plan (or a plan change) which are set out in Schedule 1 of the RMA. In the latter case the principles of consultation still apply. A bit more information on the special consultative procedure is provided below.

Special Consultative Procedure (section 83 of the LGA)

• A Statement of Proposal (and a summary if Council thinks it is necessary for public comprehension) or Consultation Document (for Long-Term and Annual Plans only) must be adopted and made as widely available as is practicable. Past practice is to make them available on the Council website and at Council service centres. • Council must publish a notice, in one or more newspapers that are circulated across the District, of the proposal and of the consultation being undertaken. • Council must offer the public a reasonable opportunity to make a submission on the proposal. This may be in writing or it may be verbal. The consultation period must be open for no less than one month from the date of notification. • All meetings where Council deliberates on the proposal or hears submissions must be open to the public (unless there is some reason to exclude the public under the LGOIMA). • Council must provide submitters a summary of the decision(s) made as a result of consultation. There is no prescribed format for such a summary. We load the summary onto the Council website so that submitters who did not provide contact details can be informed.

Policies for liaising with, and memoranda or agreements with, Māori

The Far North District Council recognises the special place of Māori within the District and their relationship with the natural, cultural and physical resources of the District and as a significant proportion of the District's population. Council also recognises its need to build relationships with all levels of Māori society, whanau, hapū and iwi, across the District, and that the nature of the relationship will vary depending on the issues and the parties involved.

A range of options exist for how these relationships might be recognised including, but not limited to, memoranda of understanding (MoU), relationship agreements, partnership agreements and charters. In some

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instances the type of agreement may be dictated by legislation as a result of settlements between the Crown and Treaty claimant groups.

Our Significance and Engagement Policy and our 2016 Māori Relationship Framework engagement with Māori state that our engagement will be in line with our relationship agreements (acknowledging that having the capability and capacity to engage are issues for Council and Māori alike).

Currently (January 2017) MoUs exist with Te Rarawa, Ngāti Hine, Te Whiu, Ngakahu Ngakohu Whanau Ahuwhenua Trust and Matauri X Management Committee.

In partnership with the other Northland Councils, the Northland Councils’ CEOs and Iwi CEOs have agreed a Relationship Terms of Reference. An invitation has also been sent to Te Kahu o Taonui from both Northland Regional Council and Far North District Council to progress a governance to governance, rangatira ki rangatira relationship.

The co-governance entity Te Oneroa-a-Tōhē Beach Board (with Te Rūnanga o Te Rarawa, Te Manawa o Ngāti Kuri Trust, Te Rūnanga Nui o Te Aupouri Trust, Te Rūnanga o NgāiTakoto and the Northland Regional Council) was established as a result of Treaty of Waitangi settlements for Te Hiku Iwi.

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Key Approved Planning and Policy Documents

Plans and policies

Strategy, policy and planning applies occurs across the Council more often than not in consultation with the community. Some of our key documents and policies include:

• Long Term Plan – a 10 year organisational strategic plan (with strategies, policies and operational plans within it e.g. Infrastructure Strategy, Revenue and Financing Policy). The next Long Term Plan will be adopted by July 2018. • Annual Plan – annual budget and variations from the Long Term Plan. • Annual Report – which documents our key achievements and financial and non-financial performance each year. • Community Board Strategic Plans – Community board plans that outline priorities for a given year. • District Plan - encourage the sustainable use of natural and physical resources of the district in a way which provides for community wellbeing. The District Plan provides a framework for the administering of resource consents and is currently under review. • Significance and Engagement Policy – described above. • Rates Remission and Postponement Policies - www.fndc.govt.nz/services/rates

Community and Iwi and Hapu Management Plans are not Council owned plans but are key documents for Council and other decision makers to be aware of. You can find a full list of Council policies at www.fndc.govt.nz/your-council/councils-policies

Equal Employment Opportunities

Council is an Equal Employment Opportunity (EEO) employer and aims to maintain staff’s awareness of EEO principles and their implementation by the Far North District Council.

“Equal Employment Opportunities” are an integral component of the People & Capability management strategies of the Council. These strategies ensure the elimination of any practices and attitudes that inhibit the recruitment and advancement of staff, particularly: women, Māori, ethnic and minority peoples and people with disabilities.

Further detail is set out in Council’s Equal Employment Opportunity Policy adopted November 2016.

Document number A1817992 Page 28 of 33 LOCAL GOVERNANCE STATEMENT 2016-2019

Getting Information and Service

You can access a full range of services and ask for information at any of our Service Centres or by contacting our Call Centre on 0800 920 029 or 09 401 5200 during normal working hours (outside normal working hours, an after hours answering service will log and escalate any urgent requests).

All correspondence should be directed to: Far North District Council Private Bag 752 Kaikohe 0440 or via Council’s website at: http://www.fndc.govt.nz/contact/email-us or by direct email at: [email protected]

Council service centres can be found in the following locations:

Headquarters – Kaikohe Kaitaia

5 Memorial Avenue Te Ahu Centre, Corner Matthews Leigh Street Avenue and South Road Tel: 0800 920 029 Tel: 0800 920 029 Tel: 0800 920 029 Tel: 09 401 5200 Tel: 09 401 5200 Tel: 09 401 5200 Fax: 09 401 2137 Fax: 09 408 2546 Fax: 09 405 0379

Monday – Friday Monday – Friday Monday - Friday 8:00am - 5:00pm 8:00am - 5:00pm 8:00am - 4:30pm

(closed 12:30pm - 1:00pm)

Kerikeri Kawakawa Rawene

John Butler Centre Gillies Street Parnell Street

60 Kerikeri Road Kerikeri Kawakawa Rawene

Tel: 0800 920 029 Tel: 0800 920 029 Tel: 0800 920 029 Tel: 09 407 0400 Tel: 09 401 5200 Tel: 09 401 5200 Fax: 09 407 0419 Fax: 09 404 3054 Fax: 09 405 7828 Monday – Friday Monday – Friday Tuesdays and Thursdays 8:00am - 5:00pm 8:00am - 4:30pm 8:00am - 4:30pm (closed 12:30pm-1:00pm)

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Paihia Hokianga i-SITE Visitor Information Centre i-SITE Visitor Information Centre 29 - 31 State Highway 12, The Wharf, Marsden Road, Paihia Opononi

Tel: 0800 920 029 Tel: 0800 920 029 Tel: 09 402 7345 Tel: 09 405 8869 Fax: 09 402 7314 Fax: 09 405 8317 Open 7 days (except Christmas Open 7 days (except Christmas Day) Day) 8:00am - 5:00pm - Winter 8:30am - 5:00pm

Official Information

All requests for information are requests for official information, although you don’t have to say this (nor do you need to refer to the Local Government Official Information and Meetings Act 1987, LGOIMA, when you request that information).

We make most information available to you, however, there may be circumstances (and these are contained in LGOIMA) where there is a reason to withhold it:

• endanger the safety of any person • prejudice maintenance of the law or would be good reason to withhold unless a public interest exception applies: • compromise the privacy of any person • reveal confidential or commercially sensitive information • in certain circumstances, cause offence to tikanga Māori or would disclose the location of waahi tapu • prejudice public health or safety • compromise legal professional privilege • disadvantage the local authority while carrying out negotiations or commercial activities • allow information to be used for improper gain or advantage.

The Council must answer requests within 20 working days (although there are certain circumstances where this timeframe may be extended).

The Council may charge for official information under guidelines set down by the Ministry of Justice.

Requests for information can be lodged through any of our contact channels described above.

Document number A1817992 Page 30 of 33 LOCAL GOVERNANCE STATEMENT 2016-2019

Appendix 1 Bylaws

Council Bylaws

Subject / Title General Description When made Date of Review Bylaw last review required by

Cemeteries & Controls and regulates burials in the District, Crematoria including fees payable, hours of burial, digging of 30/01/1991 N.A. N.A. graves, vehicles in cemeteries, and rules of conduct, etc.

Control of Regulates premises or places where the public Amusement Devices are admitted and which are used for the discharge 16/10/2009 and Entertainment of missiles by firearms or otherwise, or a merry- - 16/10/2019 (after review) Premises go-round, swing, ferris wheel, or other riding device, by way of licence.

Control of the Use of Regulates the use of public places to avoid conflict 16/10/2009 - 16/10/2019 Public Places between users and inappropriate use of public (after review) open spaces.

Control of Brothel Controls where brothel premises and businesses Premises Location are located within the District, and the type, size 2004 N.A. N.A. and Advertising Signs and location of related advertising signage.

Control of Regulates excavations and provides for penalties 26/11/2009 Earthworks for non-permitted works or damage to public - 26/11/2019 (after review) property as a result of earthworks.

Control of On-Site Aims to ensure that all on-site wastewater disposal Wastewater systems that are in operation or proposed to be Disposal Systems installed anywhere in the District are installed, 26/11/2009 - 26/11/2019 operated and maintained, in a safe and sanitary (after review) manner, with no, or minimum adverse effects on the surrounding natural environment.

Control of Vehicle Regulates the use, construction and maintenance of 26/05/2010 Crossings vehicle crossings giving access from public roads to - 26/05/2020 (after review) properties located within the District.

Cycle Trail Regulate the use of the Pou Herenga Tai – Twin 08/09/2016 01/10/2021 Coast Cycle Trail, to protect, promote and maintain the health and safety of cycle trail users,

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to protect from nuisance those using the trail and to minimise damage to the trail.

Dog Control Regulates the keeping of dogs in the District. 14/09/2006 15/06/2016 16/06/2026 (after review)

Keeping of Animals, Regulates the keeping of animals, poultry or bees 13/09/2007 - 13/09/2017 Poultry and Bees so they do not cause a danger, nuisance or health (after review) risk to any person or property.

Land Drainage Enables regulation of land drainage assets within 16/10/2009 - 16/10/2019 the District. (after review)

Maritime Facilities Regulates the use of wharves and other landing 2002 N.A. places, grids, pontoons, and trailer-boat launching ramps, either owned or controlled by the Far North District Council.

Mobile Shops & Regulates the licensing and conduct of persons 29/07/2010 - 29/07/2020 Hawkers involved in the sale of goods, including hawker (after review) (door-to-door) sales and mobile shops.

Mooring Charges Imposes charges payable by persons who use or 2002 N.A. N.A. have the right to use pile or swing moorings within any coastal marine area that adjoins the District.

Nuisances Controls and regulates harm caused by 1991 N.A. N.A. nuisances as defined under Section 29 of the Health Act 1956.

Parking & Traffic Regulates use of public parking areas and sets 17/06/2010 - 17/06/2020 Control out parking restrictions for these areas. (after review)

Public Places Liquor Enhances public safety and minimises the 02/11/2003 29/07/2010 29/07/2020 Control potential for offensive behaviour in public places, by providing for liquor control in specified public areas.

Reserves Regulates use of and conduct in parks and 09/12/2010 - 09/12/2020 reserves. (after review)

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Skating and Cycles Prohibits the riding of skateboards, roller-blades, 12/07/2007 13/12/2012 13/12/2022 roller-skates and similar devices in certain defined (after review) public places.

Speed Limits Protects the public from nuisance and protects, 24/10/2008 - 24/10/2018 promotes and maintains public health and safety (after review) by imposing appropriate enforceable speed limits.

Solid Waste Promotion & delivery of effective and efficient 17/06/2010 01/06/2016 01/06/2026 waste management and minimisation; (after review) implementation of waste management and minimisation plan; regulation of collection and disposal of waste from public places; protection of the health & safety of waste collectors, operators and public; management of litter and nuisance in public places.

Trade Waste Controls the discharge of trade wastes to the 16/10/2009 05/05/2016 05/05/2026 sewerage system to ensure the appropriate legislation is complied with.

Vehicle on Beaches Restricts vehicular access to Coopers Beach 24/03/2015 24/03/2020

Water Supply Controls and regulates supply of water in the 16/10/2009 - 16/10/2019 District including fittings, materials and (after review) installations, protection of supply, and prevention of waste and contamination.

Wastewater Regulates the installation, use and maintenance 16/10/2009 05/05/2016 05/05/2026 Drainage of connections to public wastewater collection systems.

N.A. = not applicable (not required by legislation)

Date of last review – in some cases the date of last review refers to when the initial review was completed. Where this review has highlighted the need for the Bylaw to be amended, replaced, amalgamated etc the date may not correspond to the approval of a new, amended or readopted Bylaw because consultation, further work etc may have been required. Please see our website for an up to date list of Bylaws and any consultation occurring on them www.fndc.govt.nz

Document number A1817992 Page 33 of 33

Item: 8.2 MEETING: COUNCIL - 16 FEBRUARY 2017 Name of item: DRAFT TRIENNIAL AGREEMENT Author: Kate Barnes - Team Leader Governance Support Date of report: 04 January 2017 Document number: A1812269 Executive Summary The purpose of the report is to seek Council’s approval of the attached draft triennial agreement in order to meet its obligations under Section 15 of the Local Government Act 2002. Recommendation: THAT the Far North District Council approve the Draft Triennial Agreement to proceed to the Mayoral Forum for signature in order to meet its obligations under the Local Government Act 2002.

1) Background Triennial Agreement The Local Government Act 2002 requires all local authorities within a region to enter into a triennial agreement no later than 01 March after each triennial general election. The LGA 2002 s 15 follows provides the guidelines for triennial agreements: “15 Triennial agreements (1) Not later than 01 March after each triennial general election of members, all local authorities within each region must enter into an agreement containing protocols for communication and co-ordination among them during the period until the next triennial general election of members. (2) Each agreement must include a statement of the process for consultation on proposals for new regional council activities. (3) After the date specified in subsection (1), but before the next triennial general election of members, all local authorities within each region may meet and agree to amendments to the protocols. (4) An agreement remains in force until replaced by another agreement.” Far North District Council, Council, Whangarei District Council and the Northland Regional Council through the Northland Mayoral Forum have drafted the attached Triennial Agreement for Council approval. This agreement meets the provisions set out in Part 2 s 15 of the LGA 2002. Therefore it is recommended that Council approve the attached triennial agreement to meet its obligations under the Local Government Act 2002.

Document number A1812269 Page 1 of 3

2) Discussion and options Council is required to approve the triennial agreement in order to meet its obligations under the Local Government Act 2002.

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

4) Reason for the Recommendation It is recommended that Council approve the attached triennial agreement in order to meet its obligations under the Local Government Act 2002.

Manager: Roger Ackers - (Acting) General Manager Corporate Services Group Attachment 1: Draft Triennial Agreement 2016-2019 - Document Number A1814451

Document number A1812269 Page 2 of 3

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.

Relationship with existing policies and Not applicable Community outcomes.

Possible implications for the relationship Not applicable of Māori and their culture and traditions with their ancestral land, water, site, waahi tapu, valued flora and fauna, and other taonga.

Views or preferences of persons likely to Not applicable be affected by, or to have an interest in the matter, including persons with disabilities, children and older persons.

Does the issue, proposal, decision or other Not applicable matter have a high degree of significance or engagement as determined under the Council's Policy #2124?

If the matter has a Community rather than Not applicable a District wide relevance has the Community Board's views been sought?

Financial Implications and Budgetary There are no financial implications or Provision. need for budgetary provision as a result of this report.

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

Document number A1812269 Page 3 of 3 DRAFT TRIENNIAL AGREEMENT

WHANGAREI DISTRICT COUNCIL

Far North District Council, Kaipara District Council, Whāngārei District Council, and Northland Regional Council

1. Purpose of the Triennial Agreement The parties to this agreement commit to working for the good governance of their district or region by acting collaboratively and ensuring that issues in common occurring within or impacting on the region are discussed openly and unnecessary duplication avoided. A Triennial Agreement is required by, and is made pursuant to, Section 15 of the Local Government Act 2002.

2. Commitment to a Consensus Approach The parties: • Acknowledge the benefits to the communities of Northland of the four Councils working together in a consistent manner and wherever possible, with a united voice. • Respect that at times our different roles and responsibilities may cause the parties to have different positions. • Agree to endeavour to reach a consensus position on matters of common interest. • Agree that our remaining differences will not detract from our commitment to work together cooperatively and maintain constructive relationships.

3. Communication and Co-ordination Parties agree to communicate and co-ordinate their activities and be responsible for1: • Notification of major policy discussions which may have implications beyond the boundaries of the decision-making authority; • Application of a “no surprises” policy whereby early notification is given between local authorities concerning significant policy or programmes before public announcements are made; • Progressing issues agreed to by the Mayoral Forum; • Resources are shared wherever possible to gain improved efficiency, effectiveness and increased levels of customer service; • Abiding by group decisions, subject to the relevant authorities decision making processes; and • Working together in the best interests of the people of Northland. Emphasis is to be placed on building credible and enduring relationships with all Northland local authorities, the neighboring authority of Auckland and central government.

4. Framework for Regional Leadership The parties acknowledge the progress made towards greater local authority collaboration in Northland and the benefits this provides for the region. Parties agree to continue their commitment to the collaborative working relationship through the following joint local authority forums, committee’s and regional representation2:

4.1 Regional Leadership

a) Northland Strategic Governance Forum The Northland Strategic Governance Forum is a collaborative forum of all elected members from the four councils. The purpose of this Forum is to provide an opportunity for elected

1 Pursuant to Section 15(2)(a) of the Local Government Act 2002 2 Pursuant to Section 15(2)(c) of the Local Government Act 2002 Document number A1814451 Page 1 of 6

members to meet, discuss and seek agreement on high level strategic governance priorities and direction for the region. In 2015 the Forum developed a document called: Northland | Forward Together (Tai Tokerau | Kokiri Ngatahi). This document sets out a vision, goals and objectives for greater local authority collaboration and identifies priorities to investigate the potential for improved shared services. This document sets the platform for the councils’ ongoing collaborative relationship and further regional leadership (the document was ratified by all four councils).

The Northland Strategic Governance Forum will monitor, review and update the vision, goals and objectives of Northland | Forward Together. The Northland Mayoral Forum, Chief Executives Forum and a Lead Team of senior council staff support the implementation of the Northland | Forward Together work programme.

b) Northland Mayoral Forum The purpose of the Northland Mayoral Forum is to provide a forum for the Chair and Mayors of the four councils of Northland to provide regional leadership and seek local authority alignment on key strategic governance priorities for the region and its communities and address any governance issues of the day.

A core role of the Mayoral Forum is to provide governance leadership, oversight and direction to drive the Northland | Forward Together work programme and priorities. Each party is responsible for reporting progress back to their respective governance bodies and seeking council approval where decisions are outside existing council decisions or management delegations.

For the avoidance of doubt, while the Mayoral Forum provides an opportunity for the Chair and Mayors to provide regional leadership and seek strategic alignment, the forum has no delegated authority to make decisions or commit council resources. Any agreements which fall outside previous council decisions or management delegations, are made on the understanding that these agreements need to be approved by respective council resolutions before any agreements can be confirmed.

c) Northland Chief Executive Forum The purpose of the Northland CEO Forum is to provide a vehicle through which the four councils of Northland can support the work of the Northland Mayoral Forum, progress implementation and monitoring of the Northland | Forward Together programme, work on operational projects of common interest and benefit, share knowledge and consider any shared services arrangements.

d) Iwi Local Government Agencies Chief Executives Forum The purpose of the ILGACE Forum is to provide a forum where local government Chief Executives and iwi Chief Executives can seek opportunities to work collaboratively to address issues and progress projects for the betterment of Tai Tokerau / Northland.

4.2 Joint Committees

e) NRC Regional Transport Committee3 The purpose of the Regional Transport Committee is prescribed in the Land Transport Management Act 2003 and includes the preparations, for Northland Regional Council approval, of a Regional Land Transport Plan and Regional Public Transport Plan for Northland, to monitor and review progress towards the adoption and implementation of these plans and to provide the regional council with any advice and assistance, as requested, in relations to regional councils transport responsibilities.

3 Established pursuant to Part 2, Section 105(2) and (6) of the Land Transport Management Act 2003. Document number A1814451 Page 2 of 6

Membership of this committee includes one representative nominated by each district council and 2 members from the regional council appointed as Chair and Deputy Chair (and their alternates).

f) Northland CDEM Group4 The Northland Civil Defence Emergency Management Group (CDEM) is established as a joint standing committee of Northland councils and is responsible for the conduct of the CDEM functions of the Group, setting the strategic direction via the CDEM Group plan, approving annual work programmes and monitoring and reporting on progress.

Membership of this committee includes one representative (and their alternates) nominated by each of the local authorities.

4.3 Representation and Communication

g) LGNZ Zone 1 Representation Zone meetings provide an opportunity for councils to provide information and advice and highlight issues and concerns affecting Northland with the National Council. It also provides an opportunity to receive sector information and advise the National Council in dealing with national issues. In making appointments to LGNZ National Council, parties will consider the need to provide for rotational representation.

h) UNISA The Upper Strategic Alliance (UNISA) comprises Auckland Council, Bay of Plenty Regional Council, Northland Regional Council, Waikato Regional Council, Hamilton City Council, City Council and Whangarei District Council. These seven parties have committed to a long-term collaboration for responding to and managing a range of inter- regional and inter-metropolitan issues.

UNISA has agreed to regularly update all the territorial authorities from the Upper North Island following each Governance Group meeting, with each of the Regional Councils taking responsibility for communicating with the territorial authorities in their Region. The Northland Regional Council will provide regular updates and reports through the Mayoral Forum and CEO Forum with each territorial authority responsible for updating their own governance bodies.

5. One Voice Advocacy Programme The One Voice Advocacy Programme was established as part of the Northland | Forward Together initiative, with the aim of coordinating and aligning local authorities voice both to inform our local community and through communication with and at a national level on key regional issues.

6. Local Government Act 2002 – Section 17A Review The parties agree to actively seek opportunities to align and coordinate respective councils Section 17A service delivery reviews and in particular seek to undertake these reviews in conjunction with the Northland Forward Together share services work programme.

7. Local Government Commission The parties agree to maintain their commitment to working constructively with the Local Government Commission, as articulated in the Relationship Agreement entered into between the Local Government Commission and the four Northland councils.

The parties acknowledge that the Relationship Agreement does not require the parties to perform any particular action or bind them to a specific outcome, but rather to work together in

4 Pursuant to Section 12 of the Civil Defence Emergency Management Act 2002 and Schedule 7, Clause 30 of the Local Government Act 2002. Document number A1814451 Page 3 of 6 good faith in seeking to achieve service delivery arrangements that are effective and efficient and meet community needs, including examining innovative options for doing this.

8. Regional Policy Statement5 and Regional / District Plans (RMA) This part of the Agreement applies to the regional council when reviewing or changing the regional policy statement or regional plans and also applies to district councils when reviewing or changing district plans, under the Resource Management Act (RMA)6.

When reviewing or changing their plans, all councils will operate on the principle of ‘no surprises’ – whereby early and meaningful consultation across all stages of plan development will occur. The party promoting the plan shall initiate and manage the agreement actions, and four stages of interaction and consultation, as outlined in Appendix 1. Early notice will be given over any disagreements between councils concerning policy or programmes, and prior to any critical public announcements being made.

The parties agree that respective staff who represent the region / district on any national working groups will report directly or indirectly to the Chief Executive Forum on the activities and decisions of those groups.

9. New Regional Council Activities Under Section 15(2)(b) of the Local Government Act, a Triennial Agreement must include a statement of the process for consultation on proposals for new regional council activities. The Northland Regional Council will follow the process outlined in Section 16 of the Local Government Act 2002.

10. Meeting Times and Servicing the Triennial Agreement • The Northland Strategic Governance Forum will meet quarterly, with the location and hosting to be rotated between the parties (hosting council sets the agenda and chairs the forum). • The Mayoral Forum and CEO Forum will meet bimonthly, with the location and hosting to rotate between the parties. • The Chair for the Mayoral Forum and CEO Forum will be selected at their respective inaugural meetings and remain in place for the triennium unless otherwise agreed. When appointing a Chair consideration will be given to the need to rotate the chair role between parties. • The Northland Regional Council will provide secretarial services and media support to the Mayoral Forum and CEO Forum. • Mayors, regional Chair and their Chief Executives will at least annually review the performance of this Agreement; • In the event of a disagreement over the terms of this Agreement, the parties agree to refer the issue of disagreement to mediation for non-binding resolution. If no agreement on a mediator is forthcoming a mediator will be appointed by the President of the Auckland District Law Society.

AUTHORITY This agreement is signed on ______, by the following on behalf of their respective authorities.

Mayor Mayor Mayor Chairman

5 Under Section 3A of the First Schedule of the Resource Management Act, a Triennial Agreement must include agreement on the consultation process to review or change a policy statement. 6 Where this Agreement refers to ‘Plan’, read also plan or policy statement change and variation. Document number A1814451 Page 4 of 6

WHANGAREI DISTRICT COUNCIL

Appendix 1: RMA Regional Policy Statement and Regional / District Plans

The Agreement, and this appendix for RMA RPS and plans, aims to: • ensure good practice and early consultation between councils during plan preparation, changes and review; • avoid possible misunderstandings of respective roles and statutory obligations; • clearly define when comments and/or submissions by either party are appropriate; and • establish an agreed process to be followed, including expectations and timeframes.

There are four stages of interaction and consultation: • pre-plan • draft plan (a matter of best practice rather than legally required) • notified plan • appeal to Environment Court.

1. Pre Plan In this stage all parties will take full advantage of the opportunity to fully understand each other’s position, provide initial assessments of issues or matters likely to be of concern and explore techniques and methods to achieve the desired outcomes.

This phase will focus on significant points of difference. Effort will be spent on resolving these differences. Minor points of difference will not get in the way of the parties dealing with the significant ones.

Once the reasons for the plan are understood and the areas of difference are established then the parties will decide if further progress can be made to resolve these differences and a process and timeframe to move forward will be established and these matters will be recorded.

2. Draft Plan When a plan reaches a draft stage and before it has been approved for notification by Council for formal statutory consultation, it shall be forwarded to councils in the region for their comment (i.e. this phase occurs before public notification of a proposed Plan). This stage may be formal or informal. (It can occur alongside consultation with the wider community.)

A presentation to affected councils on the draft plan will, where possible, occur.

Council comments on a draft plan will usually be: - discussed with or reported to the council, and - represent the organisational view.

To avoid confusion, and for transparency, comment should include a summary of any positions reached in pre-consultation. Comments should relate to policy implications (and assuming the above process has been followed) they should highlight the points of difference already identified. Comments should clearly distinguish between significant and more general matters.

Comments by the regional council or district councils on other council’s plans should be clearly referenced to the council’s LTP and/or any relevant policy or operational document (including existing or emerging growth strategies and models). All comments made should explain the impacts on the council in terms of cost, practicality, necessity and reasonableness in sufficient detail to be credible and stand scrutiny, i.e. in such a way that can be used in a section 32 RMA analysis. In making comments councils should also highlight how the plan can meet the relevant

Document number A1814451 Page 5 of 6 councils statutory functions and responsibilities while addressing or taking on board the submitting councils comment.

Matters not resolved at this stage are likely to be the subject of formal submissions. Unless the draft plan changes significantly, no new issues would be expected to arise once the plan is notified.

Senior managers of the councils involved will review the position reached and satisfy themselves that the procedural requirements have been followed and all reasonable steps have been taken to resolve matters still in dispute. If a senior manager, in consultation with their Chief Executive Officer, is not satisfied then the matter may be escalated to the council’s respective governance level.

Stage 3 Notification

Submissions in opposition from a party should not be a surprise and should relate only to significant matters already commented on, unless the plan has been materially changed between draft and notification.

A second tier manager will carefully review any submission prior to its approval to ensure: • it is well founded in terms of policy or other relevant criteria • it is a significant matter on its own or gives rise to significant implications for the council in carrying out its responsibilities and/or implementing its policy • it specifies a means of relief that is appropriate.

All district council submissions (except further submissions) on a change to the RPS, of submissions to the new regional plan will be approved by the relevant council.

All regional council submissions (except further submissions) on proposed (new) district plans will be approved by the regional council (time permitting).

Given that significant matters are involved to justify a submission; relevant staff are expected to appear at the hearing.

Stage 4 – Environment Court

By this stage every effort will have been made to resolve significant differences efficiently and cost effectively.

Mediation will be used where parties genuinely wish to find common ground. At times a Court decision will be preferred or will be necessary, for example where a point of law or a difference of professional opinion is at issue.

Document number A1814451 Page 6 of 6

Item: 8.3 MEETING: COUNCIL - 16 FEBRUARY 2017 Name of item: AMENDED REMUNERATION DETERMINATION Author: Kate Barnes - Team Leader Governance Support Date of report: 25 January 2017 Document number: A1814628 Executive Summary The purpose of the report is to inform the elected members of the Local Government Elected Members (2016/17) (Certain Local Authorities) Amendment Determination (No 2) 2016 issued by the Remuneration Authority. Recommendation THAT Council note the report entitled “Amended Remuneration Determination”

1) Background The Remuneration Authority’s decisions regarding the remuneration of elected representatives are gazetted and are legally binding. The determinations are made based on the governance structure of each local authority. In the 2016-19 triennium, the Far North District Council implemented a new committee structure. Based on this new structure, application was made to the Remuneration Authority to amend the 01 July 2016 to 30 June 2017 remuneration determination that was adopted by Council in May 2016. The application was approved and the new determination gazetted in December 2016. Amendments are backdated in accordance with when the Council made its decisions. This means that affected members will be remunerated from when the new committee structure was established by His Worship the Mayor on 01 November 2016.

2) Discussion and options This report is for information only.

3) Financial implications and budgetary provision The determination will affect the remuneration paid by Council to some elected members.

4) Reason for the recommendation To note the new determination from the Remuneration Authority.

Manager: Roger Ackers - (Acting) General Manager Corporate Services Group Attachment 1: Local Government Elected Members (2016/17) (Certain Local Authorities) Amendment Determination (No 2) 2016 - Document number A1814823

Document number A1814628 Page 1 of 2

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.

Relationship with existing policies and Not applicable. Community outcomes.

Possible implications for the relationship Not applicable. of Māori and their culture and traditions with their ancestral land, water, site, waahi tapu, valued flora and fauna, and other taonga.

Views or preferences of persons likely to Not applicable. be affected by, or to have an interest in the matter, including persons with disabilities, children and older persons.

Does the issue, proposal, decision or other Not applicable. matter have a high degree of significance or engagement as determined under the Council's Policy #2124?

If the matter has a Community rather than Not applicable. a District wide relevance has the Community Board's views been sought?

Financial Implications and Budgetary The determination will affect the Provision. remuneration paid by council to some elected members. Chief Financial Officer review. The Chief Financial Officer has reviewed this report.

Document number A1814628 Page 2 of 2 2016/307

Local Government Elected Members (2016/17) (Certain Local Authorities) Amendment Determination (No 2) 2016 Pursuant to clauses 6 and 7A of Schedule 7 of the Local Government Act 2002 and to the Remuneration Authority Act 1977, the Remuneration Authority makes the follow- ing determination (to which is appended an explanatory memorandum).

Contents Page 1 Title 1 2 Commencement 1 3 Principal determination 2 4 Schedule 1 amended 2 5 Schedule 2 amended 3

Determination

1 Title This determination is the Local Government Elected Members (2016/17) (Cer- tain Local Authorities) Amendment Determination (No 2) 2016.

2 Commencement (1) Clauses 4(1) and 5(10), (13), and (20) are deemed to have come into force on 26 October 2016. (2) Clauses 4(2) and 5(12) are deemed to have come into force on 15 November 2016. (3) Clause 4(3) is deemed to have come into force on 2 November 2016. (4) Clauses 4(4)(a) and (d), 4(5)(a) and (c), and 5(19)(a) and (f) are deemed to have come into force on 16 October 2016. (5) Clause 4(4)(b), (c), and (e) is deemed to have come into force on 31 October 2016. (6) Clause 4(5)(b) and (d) is deemed to have come into force on 1 December 2016.

1

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(7) Clause 5(1) and (21)(b) is deemed to have come into force on 24 November 2016. (8) Clause 5(2) is deemed to have come into force on 23 November 2016. (9) Clause 5(3) and (15)(b) to (i) and (21)(a) is deemed to have come into force on 25 October 2016. (10) Clause 5(4) and (11) is deemed to have come into force on 1 November 2016. (11) Clause 5(5) is deemed to have come into force on 4 November 2016. (12) Clause 5(6) is deemed to have come into force on 9 November 2016. (13) Clause 5(7)(a) and (17) is deemed to have come into force on 27 October 2016. (14) Clause 5(7)(b) to (e) is deemed to have come into force on 8 November 2016. (15) Clause 5(8) and (19)(b) to (e) is deemed to have come into force on 22 Novem- ber 2016. (16) Clause 5(9)(a) is deemed to have come into force on 2 December 2016. (17) Clause 5(9)(b) and (14) is deemed to have come into force on 10 November 2016. (18) Clause 5(15)(a) is deemed to have come into force on 14 October 2016. (19) Clause 5(16) is deemed to have come into force on 16 November 2016. (20) Clause 5(18) is deemed to have come into force on 21 October 2016. (21) The rest of this determination comes into force on the day after the date of its notification in the Gazette.

3 Principal determination This determination amends the Local Government Elected Members (2016/17) (Certain Local Authorities) Determination 2016 (the principal determin- ation).

4 Schedule 1 amended (1) In Schedule 1, item relating to Hawke’s Bay Regional Council, item relating to Chairperson, replace “113,094” with “113,408”. (2) In Schedule 1, item relating to Manawatu–Wanganui Regional Council, item relating to Chairperson, replace “123,651” with “122,351”. (3) In Schedule 1, item relating to Otago Regional Council,— (a) item relating to Deputy Chairperson, replace “66,544” with “66,545”: (b) item relating to Committee and Regional Transport Committee Chair- person,— (i) delete “Committee and”: (ii) replace “58,227” with “54,662”: (c) item relating to Committee Chairperson, replace “(3)” with “(4)”:

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(d) item relating to Conditions (Regional Plan Review meeting fees), re- place “$43,967” with “$40,401”. (4) In Schedule 1, item relating to Southland Regional Council,— (a) item relating to Chairperson, replace “96,050” with “99,066”: (b) item relating to Deputy Chairperson, replace “48,847” with “43,420”: (c) item relating to Committee Chairperson, replace “(3)” with “(4)”: (d) item relating to Chairperson car, replace “Full private use” with “N/A”: (e) item relating to Conditions (Regional Plan Review meeting fees), re- place “$37,990” with “$38,181”. (5) In Schedule 1, item relating to Waikato Regional Council,— (a) item relating to Chairperson, replace “151,340” with “154,836”: (b) item relating to Chairperson, replace “154,836” with “151,389”: (c) item relating to Chairperson car, replace “Full private use” with “N/A”: (d) item relating to Chairperson car, replace “N/A” with “Full private use”.

5 Schedule 2 amended (1) In Schedule 2, item relating to Council,— (a) item relating to Deputy Mayor, after “Mayor”, insert “and Committee Chairperson”: (b) item relating to Deputy Mayor, replace “31,518” with “35,301”: (c) item relating to Committee Chairperson, replace “(3)” with “(2)”. (2) In Schedule 2, item relating to Council,— (a) item relating to Deputy Mayor, after “Mayor”, insert “and Hearings Committee Chair”: (b) item relating to Deputy Mayor, replace “31,903” with “31,664”: (c) before the item relating to Committee Chairperson, insert: Finance and Audit Committee Chair 26,867 Policy and Risk Committee Chair 22,549 Grants Committee Chair 21,110 (d) revoke the item relating to Committee Chairperson: (e) after the item relating to Councillor, insert: District Plan Review meetings $200 per Councillor per meeting Conditions (District Plan Review meeting fees) Total maximum amount payable for all councillors for period beginning 1 July 2016 and ending 30 June 2017 must not exceed $7,196. (3) In Schedule 2, item relating to City Council,—

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(a) item relating to Deputy Mayor, after “Mayor”, insert “and Chair of Eco- nomic Development Committee”: (b) item relating to Committee Chairperson, replace “(5)” with “(4)”: (c) item relating to Committee Chairperson, replace “66,381” with “67,765”: (d) after item relating to Committee Chairperson, insert: Sub-Committee Chairperson 60,636 (4) In Schedule 2, item relating to Far North District Council,— (a) item relating to Deputy Mayor, replace “59,160” with “69,360”: (b) item relating to Committee Chairperson, replace “(4)” with “(3)”. (5) In Schedule 2, item relating to Gore District Council, item relating to Mayor, replace “71,905” with “72,561”. (6) In Schedule 2, item relating to Hamilton City Council,— (a) item relating to Committee Chairperson, replace “Committee Chair- person (2)” with “Chairperson Committee of the Whole (4)”: (b) item relating to Deputy Committee Chairperson, replace “Deputy Com- mittee Chairperson (2)” with “Deputy Chairperson Committee of the Whole (4)”: (c) revoke the item relating to Subcommittee Chairperson. (7) In Schedule 2, item relating to Council,— (a) item relating to Deputy Mayor, replace “61,659” with “60,450”: (b) item relating to Standing Committee Chairperson, replace “(4)” with “(5)”: (c) item relating to Standing Committee Chairperson, replace “53,436” with “50,778”: (d) item relating to Portfolio Leader, replace “(2)” with “(3)”: (e) item relating to Portfolio Leader, replace replace “47,271” with “45,942”. (8) In Schedule 2, item relating to Hutt City Council,— (a) item relating to Deputy Mayor, replace “72,542” with “77,724”: (b) item relating to Committee Chairperson, replace “(2)” with “(4)”: (c) after the item relating to Hutt Valley Services Committee Chairperson, insert: Arts and Culture Sub-Committee Chairperson 55,702 (9) In Schedule 2, item relating to Council,— (a) item relating to Mayor, replace “111,448” with “113,428”:

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(b) item relating to Committee Chairperson, replace “39,290” with “40,928”. (10) In Schedule 2, item relating to District Council,— (a) item relating to Deputy Mayor/Committee Chairperson, delete “/ Committee Chairperson”: (b) item relating to Deputy Mayor/Committee Chairperson, replace “32,200” with “34,153”: (c) revoke the item relating to Task Group Chairperson and Wellington Re- gional Council Whaitua Committee Representative: (d) revoke the item relating to Committee and Task Group Chairperson: (e) revoke the item relating to Task Group Chairperson: (f) before the item relating to Councillor, insert: Chair Strategic Planning and Policy Committee, and Hearings 34,153 Committee Chair Infrastructure Committee 32,933 (11) In Schedule 2, item relating to Council,— (a) item relating to Mayor, replace “136,884” with “132,760”: (b) item relating to Mayoral car, replace “N/A” with “Full private use”. (12) In Schedule 2, item relating to Opotiki District Council,— (a) item relating to Deputy Mayor, replace “36,462” with “34,462”: (b) item relating to Chairperson Finance and Risk Committee, replace “Fi- nance” with “Audit”: (c) item relating to Chairperson Finance and Risk Committee, replace “36,462” with “32,693”: (d) before the item relating to Councillor, insert: Cultural Ambassador 24,000 (13) In Schedule 2, item relating to City Council,— (a) revoke the item relating to Deputy Mayor: (b) revoke the item relating to Committee Chairperson: (c) revoke the item relating to Chairperson, Audit and Risk Committee: (d) revoke the item relating to Chairperson of Hearings Committee: (e) revoke the item relating to Chairperson, Sport and Recreation Commit- tee: (f) before the item relating to Councillor, insert: Deputy Mayor and Chair Hearings Committee and Chair CEO 63,154 Performance Panel Chair Finance and Performance Committee and Deputy Chair 51,394 Hearings Committee

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Chair Arts, Culture and Heritage Committee and Deputy Chair 48,128 Community Development Committee Chair Economic Development Committee 50,087 Chair Audit and Risk Committee 46,821 Chair Sport and Recreation Committee and Deputy Chair Economic 50,088 Development Committee Deputy Chair Finance and Performance and Arts Culture and 48,128 Heritage Committees Chair Planning and Strategy Committee and Deputy Chair Sport and 52,701 Recreation Committee and CEO Performance Panel Deputy Chair Audit and Risk Committee 44,861 Chair Community Development Committee and Deputy Chair 50,088 Planning and Strategy Committee (g) item relating to Conditions (District Plan Review meeting fees), replace “$44,642” with “$17,198”. (14) In Schedule 2, item relating to City Council, item relating to Mayor, replace “116,544” with “116,597”. (15) In Schedule 2, item relating to South Council,— (a) item relating to Mayor, replace “88,731” with “91,789”: (b) item relating to Mayor, replace “91,789” with “88,960”: (c) item relating to Deputy Mayor, replace “33,110” with “33,690”: (d) item relating to Committee Chairperson A, delete “(1)”: (e) item relating to Committee Chairperson A, replace “29,562” with “30,080”: (f) item relating to Committee Chairperson B, delete “(2)”: (g) item relating to Committee Chairperson B, replace “28,417” with “28,915”: (h) item relating to Councillor with additional duties, replace “(6)” with “(7)”: (i) item relating to Councillor with additional duties, replace “24,809” with “25,243”. (16) In Schedule 2, item relating to Council, item relating to Mayor, replace “104,301” with “104,324”. (17) In Schedule 2, item relating to Council,— (a) item relating to Deputy Mayor, after “Mayor”, insert “and Standing Committee Chairperson”: (b) after the item relating to Standing Committee Chairperson, insert: Committee Chairperson (2) 40,168 (18) In Schedule 2, item relating to Council, item relating to Mayor, replace “108,272” with “108,201”.

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(19) In Schedule 2, item relating to Thames–Coromandel District Council,— (a) item relating to Mayor, replace “104,255” with “108,240”: (b) item relating to Deputy Mayor, replace “49,468” with “45,664”: (c) item relating to Committee Chairperson, replace “(4)” with “(3)”: (d) item relating to Committee Chairperson, replace “40,908” with “41,402”: (e) after the item relating to Committee Chairperson, insert: Councillor with external appointment (3) 34,705 (f) item relating to Mayoral car, replace “Full private use” with “N/A”. (20) In Schedule 2, item relating to Wellington City Council,— (a) item relating to Deputy Mayor, replace “107,143” with “109,403”: (b) revoke the item relating to Chairperson, Subject Based Committee: (c) revoke the item relating to Deputy Chairperson, Economic Growth and Arts Committee: (d) revoke the item relating to Chairperson, Regulatory Processes Commit- tee: (e) revoke the item relating to Chairperson, Audit and Risk Subcommittee: (f) before the item relating to Portfolio Leader, insert: Chair City Strategy Committee 96,952 (g) item relating to Portfolio Leader, replace “(6)” with “(12)”: (h) item relating to Portfolio Leader, replace “86,605” with “90,050”. (21) In Schedule 2, item relating to Western Bay of Plenty District Council,— (a) item relating to Mayor, replace “112,796” with “113,183”: (b) item relating to Committee Chairperson, replace “(3)” with “(4)”.

Dated at Wellington this 20th day of December 2016.

Fran Wilde, Chairperson.

Len Cook, Member.

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Explanatory memorandum

This memorandum is not part of the determination, but is intended to indicate its general effect. This determination amends the Local Government Elected Members (2016/17) (Cer- tain Local Authorities) Determination 2016, which was made in June 2016. All amendments are made at the request of the councils concerned. The amendments come into effect on the dates specified in clause 2.

Issued under the authority of the Legislation Act 2012. Date of notification in Gazette: 22 December 2016.

Wellington, New Zealand: Published under the authority of the New Zealand Government—2016

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Item: 8.4 MEETING: COUNCIL - 16 FEBRUARY 2017 Name of item: COUNCIL FINANCIAL REPORT - 31 DECEMBER 2016 Author: Sharon Ryan - Manager Management Information Date of report: 17 January 2016 Document number: A1817612 Executive Summary The purpose of this report is to provide an overview and evaluation of the current financial position and performance of the Far North District Council as at the 31 December 2016. Recommendation THAT Council note the report “Council Financial Report - 31 December 2016”.

1) Background The Council Financial Report as at 31 December 2016.

2) Discussion and options This report is for information only.

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

4) Reason for the recommendation This report is for information only.

Manager: Roger Ackers - General Manager Corporate Services Group (Acting) Attachment 1: Council Financial Report as at 31 December 2016 - Document number A1817611

Document number A1817612 Page 1 of 2

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.

Relationship with existing policies and Not applicable. Community outcomes.

Possible implications for the relationship Not applicable. of Māori and their culture and traditions with their ancestral land, water, site, waahi tapu, valued flora and fauna, and other taonga.

Views or preferences of persons likely to Not applicable. be affected by, or to have an interest in the matter, including persons with disabilities, children and older persons.

Does the issue, proposal, decision or other Not applicable. matter have a high degree of significance or engagement as determined under the Council's Policy #2124?

If the matter has a Community rather than Not applicable. a District wide relevance has the Community Board's views been sought?

Financial Implications and Budgetary There are no financial implications or the Provision. need for budgetary provision. Chief Financial Officer review. The Chief Financial Officer has reviewed this report.

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Item: 9.1 MEETING: COUNCIL - 16 FEBRUARY 2017 Name of item: PUKENUI WHARF ROAD - LEASE PROPOSAL - COASTGUARD HOUHORA Author: Mike Colebrook - Manager Facilities Operations Date of report: 16 January 2017 Document number: A1822223 Executive Summary The purpose of the report is to inform the Council of a request from Coastguard Houhora to lease a part of Lot 1, DP 159832, Wharf Road, Pukenui. Recommendation THAT the Far North District Council grant approval to lease part of Lot 1 DP 159832 to Coastguard Houhora, and the terms of lease to be: Term: 10 years Rent: $100.00 per annum Right of Renewal: A further 10 years; AND THAT this be conditional on receipt of a building consent and resource consent, if required, for both the building and boat ramp.

1) Background In early December 2016, Coastguard Houhora formally requested in writing, that Council lease an area of land on the southern end of Wharf Road, Pukenui. This request came as a result of an onsite meeting held on 07 November 2017 between staff, elected members, The Mayor and committee members of Coastguard Houhora. At the meeting it was agreed in principle that issues of drainage could be overcome, and that the proposed building would fit between the current toilet block and a proposed launching ramp (Attachment 1). The land is required to enable the building of a launching ramp and shed to house the newly acquired Coastguard vessel, and to then operate as Coastguard Houhora’s base. It will function as a training base for the units’ volunteers, changing facility in the event of a callout, and to act as secure storage for all necessary equipment. It will also be the venue for the unit’s monthly meetings. The shed will be constructed in ‘Coloursteel’ with dimensions of 18 meters long, 9 meters wide, and 4 meters high. The unit needs to secure a long term lease on the land before its parent body will advance funding for the construction of the shed and boat ramp. After receiving all the information required by Council, including: a) Proposed use of the building; b) Site plan showing the exact location of the proposed building and ramp; c) Area of land required; d) Desired terms of lease.

Document number A1822223 Page 1 of 3

The Infrastructure and Asset Management General Manager, wrote to Coastguard Houhora supporting their proposal in principle, subject to certain conditions being met: 1. A building consent will be required 2. A resource consent may be required 3. Public consultation will be required 4. NRC are consulted and approval sought for the proposed ramp and its construction The Coastguard was also informed that the proposal would ultimately require the approval of Council.

2) Discussion and options Lot 1 DP 159832 is NOT a reserve, as described in the Reserves Act 1977, it is a fee simple parcel of land, and therefore does not need to go out to notified public consultation if we intend to lease only part of it. Coastguard Houhora held a public meeting in Houhora and received unanimous support for the proposed project. The Te Hiku Community Board has been consulted in order to satisfy condition 3 above. The options for consideration are: Option 1 - Not to enter into any arrangement for the lease of this land or part of Pros: This would enable continued full use of the reserve to the general public, maximising the grassed area on the foreshore, and available parking. Cons: This would not be acceptable to the community or to Coastguard Houhora, as they have investigated alternative sites within the harbour boundaries, and this site meets all requirements, including easy access for volunteers and immediate access to the water. Option 2 - Lease part of the land to Coastguard Houhora (recommended option) Pros: Immediate access to the harbour by volunteers and boats, along with good public visibility, a benefit when attracting new volunteers. Cons: Reduction in public space and additional pressure on already minimal parking availability, reducing parking by two spaces. However, the Board may wish to include in its strategic plan a desire to increase parking by utilising unused land between the existing toilets and Wharf Road.

3) Financial implications and budgetary provision There are no financial implications to Council, as all costs of realigning the open drain, construction works and associated fees and charges will be met by the applicant.

4) Reason for the recommendation That a lease be entered into with Coastguard Houhora for part of Lot 1 DP 159832, as the project has gained the support of the community and Coastguard Houhora provides a necessary community service.

Document number A1822223 Page 2 of 3

Manager: Jacqui Robson - General Manager Infrastructure and Asset Management Attachment 1: Coastguard Houhora Proposed Shed-Clubhouse - Document number A1822224

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) involve 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.

Relationship with existing policies and Not covered by the Reserves Act 1977. Community outcomes.

Possible implications for the relationship Yes of Māori and their culture and traditions with their ancestral land, water, site, waahi tapu, valued flora and fauna, and other taonga.

Views or preferences of persons likely to As this land is fee simple, it only requires be affected by, or to have an interest in consultation of the Board. Not covered the matter, including persons with by the Reserves Act 1977. disabilities, children and older persons.

Does the issue, proposal, decision or other Yes matter have a high degree of significance or engagement as determined under the Council's Policy #2124?

If the matter has a Community rather than This report is to the Community Board as a District wide relevance has the they have the delegated authority. Community Board's views been sought?

Financial Implications and Budgetary The Chief Financial Officer has reviewed Provision. this report Chief Financial Officer review.

Document number A1822223 Page 3 of 3 Document number A1822224 Page 1 of 1

Item: 9.2 MEETING: COUNCIL - 16 FEBRUARY 2017 Name of item: PEREHIPE RESERVE, WHATUWHIWHI - LEASE PROPOSAL Author: Mike Colebrook - Manager Facilities Operations Date of report: 12 January 2017 Document number: A1822225 Executive Summary The purpose of the report is to seek Council’s approval of a request from the Whatuwhiwhi Top 10 Holiday Park to lease a part of the recreation reserve adjoining their property on Whatuwhiwhi Road. The reserve is located at 21 Whatuwhiwhi Road on the Karikari Peninsular, NA2D/1387 Lot 4 DP 44395 (Attachment 1) Recommendation THAT the Far North District Council publicly notifies the proposal to lease a part of the recreation reserve Lot 4 DP 44395 to the owners of the Whatuwhiwhi Top 10 Holiday Park and the terms of the lease to be; Term: 5 years Rent: Commercial rate to be determined by valuation Maintenance: Responsibility of the lessee Right of Renewal: A further 5 years if no alternative need identified AND THAT the Te Hiku 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.

1) Background In 2015 the Whatuwhiwhi Top 10 Holiday Park was sold to the current owners, Carrington Holiday Park Jade LP. Prior to the sale, the previous owners informed Council staff of their intention to sell and enquired about the informal arrangement they had for “peak season” use of the adjoining reserve, providing a water supply to the public toilets situated within the illegal road corridor, at no charge to Council, at an estimated value of $9,250.00. The playground equipment and structures on the reserve are the property of the holiday park. The new owner of the holiday park has written to Council requesting a lease of part of the reserve land, between Whatuwhiwhi Road and the holiday park for the purpose of supplying powered and unpowered tent, caravan and campervan short term accommodation sites. The provisions of the Reserves Act 1977 require public notification of the proposed lease and full consideration must be given to all objections and submissions received in relation to the proposal. Historically, on 28 July 2011 Council resolved to seek public submissions on a proposal to lease Lot 4, DP 44395, recreation reserve adjoining the Whatuwhiwhi Top 10 Holiday Park.

Document number A1822225 Page 1 of 4

THAT the Council seeks public submissions on a proposal to lease Lot 4, DP 44395 being a recreation reserve to the owner of Whatuwhiwhi Top 10 Holiday Park and the terms of the lease to be: Term 10 years Rent Commercial rate to be determined by valuer Rates and maintenance Responsibility of the lesee Right of Renewal A further 10 years if no alternative need is identified This public notification did not go ahead as the local iwi notified Council that they were strongly opposed to the lease proposal. However Council did receive in 2011 two payments from the previous owners: • $862.50 reimbursement of costs incurred to have a commercial valuation undertaken. • $1,725.00 for rent of the Reserve No further money was received thereafter.

2) Discussion and options Option 1 Publicly notify the proposal to lease a part of the reserve to Carrington Holiday Park Jade LP for a period of 5 years with a right of renewal for a further 5 years, at a commercial rate to be determined by valuation. Pros: This option formalises what has been a long standing informal arrangement for the use of the Reserve for a very short period over the summer, and in lieu of this usage the Holiday Park mows and maintains the Reserve at no cost to Council and supplies water to our public toilet, also at no cost. These costs are estimated to be $7,500 for mowing and $1,750 for water. Should a formal lease be entered into with Council for a part of the reserve, the Holiday Park has offered to continue with the mowing of the remainder of the public reserve and supply water, both at no charge to Council. Cons: This option gives the impression that the reserve forms part of the holiday park and that during the peak summer period, it is unavailable for use by the general public.

Document number A1822225 Page 2 of 4

Option 2 Grant the holiday park a “licence to occupy” the recreation reserve from November to March in each year (5 months) for a 5 year period at a commercial rate to be determined by valuation. Pros: This would make the reserve available to the general public for 7 months of the year. Cons: Whilst the licence holder would mow and maintain the reserve from November - March, Council would be required to carry out this activity for the remainder of the year at a cost of $4,375.00 per annum. Option 3 Not to permit any use of the reserve by the holiday park operation and require that all structures be removed from the reserve. The holiday park would there to remove all structures from the reserve at considerable cost to themselves. Pros: This would enable public access to the whole of the reserve year round. Cons: Council would need to fence the reserve boundary with the holiday park at a cost of $2,600.00, however, this cost could be shared 50/50 by negotiation with the holiday park. Council would incur additional operations costs of $9,250.00 for the mowing and maintenance of the reserve, along with additional water charges. Option 4 Do nothing and continue with the existing informal arrangement. This is not recommended as it would not satisfy the local marae and community.

3) Financial implications and budgetary provision A lease of this reserve could bring in additional income to Council without Council incurring any additional costs. The estimated maintenance costs for the reserve would be an unbudgeted expenditure and would require a drop in the level of service elsewhere in the Te Hiku ward.

4) Reason for the recommendation The annual rental from the lease would generate additional income and Council would not have the cost of maintaining the reserve. This would also formalise a historic arrangement on a reduced area to be leased.

Manager: Jacqui Robson - General Manager Infrastructure and Asset Management Group Attachment 1: Location plan of reserve and camping ground - Document number A1822226

Document number A1822225 Page 3 of 4

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) involve 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.

Relationship with existing policies and The provisions of Council policy 5108 Community outcomes. encroachments on Council administered land and Reserves Act 1977.

Possible implications for the relationship Local Marae and Iwi consultation would of Māori and their culture and traditions be required. with their ancestral land, water, site, waahi tapu, valued flora and fauna, and other taonga.

Views or preferences of persons likely to Public notification is proposed in order to be affected by, or to have an interest in ascertain the views of the community as the matter, including persons with well as to comply with the Reserves Act disabilities, children and older persons. 1977.

Does the issue, proposal, decision or other Yes. matter have a high degree of significance or engagement as determined under the Council's Policy #2124?

If the matter has a Community rather than This report is to the Community Board as a District wide relevance has the they have the delegated authority. Community Board's views been sought?

Financial Implications and Budgetary The Chief Financial Officer has reviewed Provision. this report. Option 1 would seem to be the best option financially for Council as Chief Financial Officer review. the additional service provided to Council by the owner is significant.

Document number A1822225 Page 4 of 4 Document number A1822226 Page 1 of 1

Item: 10.1 Meeting: COUNCIL - 16 FEBRUARY 2017 Name of Item: CHIEF EXECUTIVE OFFICER’S (ACTING) REPORT - PERIOD: DECEMBER 2016/JANUARY 2017 Author: Ian Robertson - Non Financial Reporting Officer Date of report: 18 January 2017 Document number: A1817260 Executive Summary The purpose of the report is to present the Chief Executive Officer’s (Acting) Report - Period: December 2016/January 2017 for Council’s consideration. Recommendation: THAT the report entitled “Chief Executive Officer’s (Acting) Report - Period: December 2016/January 2017” dated 18 January 2017 be noted.

1) Background The Chief Executive Officer’s (Acting) report builds on a month by month basis to deliver a chronological, comprehensive and transparent insight into Council that is easily understood by Elected Members and ratepayers alike. Emphasis is placed on relevant issues and pressures Council is experiencing whilst meeting its objectives to the community and covers an overview across all activities that Council undertakes. The Chief Executive Officer’s (Acting) report is attached and covers a detailed overview of progress against Council’s activities. His Worship the Mayor and Councillors’ feedback is welcomed.

2) Discussion and options Feedback is encouraged in order to deliver a quality and meaningful report to Council and ratepayers.

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

4) Reason for the recommendation This report is for information only.

Manager: Colin Dale - Chief Executive Officer (Acting) Attachment 1: Chief Executive Officer’s (Acting) Report - Period: December 2016 / January 2017. Document Number - A1819355

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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.

Relationship with existing policies and Not applicable. Community outcomes.

Possible implications for the relationship Not applicable. of Māori and their culture and traditions with their ancestral land, water, site, waahi tapu, valued flora and fauna, and other taonga.

Views or preferences of persons likely to Not applicable. be affected by, or to have an interest in the matter, including persons with disabilities, children and older persons.

Does the issue, proposal, decision or other Not applicable. matter have a high degree of significance or engagement as determined under the Council's Policy #2124?

If the matter has a Community rather than Not applicable. a District wide relevance has the Community Board's views been sought?

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

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

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Chief Executive Officer’s (Acting) Report To Council

Period: December-January 2016/17

Key Work Plan Areas: Strategy Governance Corporate Operations LGOIMA Communications Community Wellbeing

Introduction Welcome to this CEO report, which provides an overview on the Council’s activities for the period December 2016 to January 2017.

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Chief Executive Officer’s (Acting) Report to Council

December-January 2016/17

Contents

Strategy ...... 4 District Vision ...... 4 Sustainable District Strategy and Spatial Plan ...... 4 Strategic Directions Workshop ...... 4 Annual Plan 2017/18 ...... 4 Long-Term Plan 2018-2028 ...... 5 Draft Triennial Agreement ...... 5 Polices and Bylaws ...... 5 Rural Broadband Initiative 2 ...... 5 Community and Social Development ...... 6 Iwi, Hapu and Iwi CEO Consortium ...... 7 Te Whiu Hapū Memorandum of Understanding ...... 7 Economic Development ...... 8 Warawara Forest Road Upgrade ...... 8 Pou Herenga Tai Twin Coast Cycleway Marketing ...... 8 Air NZ Summer of Safety Video ...... 8 Tai Tokerau Northland Economic Action Plan ...... 8 The Lions’ Tour ...... 9 Events ...... 9 Northland Strategic Collaboration and Shared Activities ...... 9 Regional Advocacy Projects assigned to FNDC ...... 10 Iwi Relationships ...... 10 Community Broadband/Mobile Access ...... 10 Contact Centre ...... 11 ICT Architecture Review ...... 11 Northland Transportation Alliance ...... 11 Geographic Information System ...... 12 Governance ...... 13 Committee Structure ...... 13 Delegations ...... 13 Community Boards ...... 13 Support to Council, Committees and Community Boards ...... 13

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CEO Participation in Regional and National Forums ...... 13 Corporate ...... 14 Finance Report ...... 14 Net Operating Position ...... 14 Capital Performance ...... 15 People and Capability - Summary of Activity ...... 16 Performance Appraisals ...... 16 Leaders’ Forum ...... 16 Accelerated Leadership Development Programme ...... 17 Collective Union Negotiations ...... 17 People and Capability - Metrics ...... 17 Current Staffing Levels and Budget ...... 17 Vacancies ...... 17 Training Financial Performance ...... 18 Operations ...... 19 Customer Service Improvement Initiatives ...... 19 Community and Customer Services Management ...... 19 Resource Consent Management ...... 19 Building Consent Management ...... 19 Compliance and Contract Management ...... 20 Civil Defence Emergency Management ...... 20 Dust issue & protest groups ...... 20 Impact of tourism on the council’s services over the holiday period ...... 21 Communications ...... 22 Topical issues ...... 22 Systems and Planning ...... 22 Stakeholder Engagement ...... 22 Māori Engagement ...... 22 Brand Management ...... 22 LGOIMA ...... 23 Monthly Statistics 2016 ...... 23 Community Wellbeing ...... 24 Māori Employment and Income Trends in the Far North District ...... 24

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Strategy District Vision • A formal and informal meeting of the Stakeholder Reference Group was held in November and December 2016 to discuss the purpose, composition, function and structure of an entity to act as guardian of the vision. The Stakeholder Reference Group again met on 17 January with the objective of confirming the preferred structure and role of Te Manawatoopu with a view to making recommendations to Council post the Reference Group meeting. The Group also received an update on progress of its first project – projecting youth futures. • As a result of the January meeting the Group wish to present to Council and staff and they will secure a workshop time for this to occur (which as well as covering the district vision and the journey to date, could dovetail into an update to Council on the Sustainable District Strategy – discussed below). Sustainable District Strategy and Spatial Plan • Key challenges have been identified to be addressed in the strategy though an environmental scan (that was presented to Elected Members as part of the induction programme). • A multi-disciplinary officer working group has been formed and has met in December and January to begin formulating the strategy. • Spatial GIS datasets are being created, updated and published. For example, the population apportionment, network analysis, land fragmentation (subdivision). Strategic Directions Workshop • The outcomes from the Council’s Strategic Directions Workshop, which included matters of Governance, will be reported to the respective committees at there first meetings in March. Annual Plan 2017/18 • A Council workshop was held in December to discuss the forecast operating and capital works budgets for 2017/18. The proposed increase in rates revenue is still under discussion, as there are still a number of adjustments that may be made as a result of the workshop. Debt is forecast to sit at $95.2 million at 30 June 2018 (a positive variance of $29.4 million). The capital works programme is $61 million, including potential carry forwards resulting from incomplete work in 2016/17. The impact of the level of rating on prospective properties will of course be altered further by the application of the recent revaluation completed by Quotable Value. • Elected members and staff agree that traditional consultation will not be required on this annual plan if there are no very significant questions to ask the public. Note, at this stage there are no meaningful questions or significant issues for discussion, however some 2017/18 fees and charges must be consulted on, so this activity will proceed. • On 2 February a further workshop will be held with Elected Members to present and discuss requested information and finalise the annual plan. If there are no further changes, staff will prepare the statement of proposal for 2017/18 fees and charges for adoption prior to consultation in March. • A formal meeting of Council is set for 11 May to determine fees and charges, along with any other significant matters. • The Annual Plan is scheduled to be adopted on 22 June.

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Long-Term Plan 2018-2028 • Staff are currently working through the planning of the Long Term Plan, and will engage with elected members to get decision-making underway within the next few months with a discussion on the key issues that must be addressed in the 2018-28 period (and beyond). • Early engagement activities to gather community input is being planned. • We anticipate a 16 month project culminating in adoption of the LTP in mid June 2018. When the project plan has been established workshops will be reserved. • A key building block for the Plan will be the Sustainable District Strategy and the Spatial Plan. Draft Triennial Agreement • The draft Triennial Agreement, a statutory document pursuant to Section 15 of the Local Government Act, has been circulated to all four Northland Councils for their review and comment. It is required to be signed by all four Councils prior to 1 March in the year immediately following the triennial elections. • The agreement sets out the commitment to work for the good governance of the region by acting collaboratively and ensuring that issues in common are discussed openly. • The Governance Committee reviewed the agreement as part of their workshop on the 20th January 2017 and the final proposed draft is tabled for adoption at this Council meeting of 16 February 2017. • The Agreement will be signed by all four Councils at the next Mayoral Forum, on Friday 24th January 2017. Polices and Bylaws • The consultation on the Dog Policy and Bylaw has closed with 234 submissions. There were 1140 visits to the consultation webpage, with community commentary on an interactive web map, as well as social media responses. • The majority of council polices have now been updated to ensure that the latest versions are online and correct. A significant number of policies required revision and are to be reported to the first Strategy Committee of Council. • Easter Trading is open for submissions. Rural Broadband Initiative 2 • The closing date for Rural Broadband Initiative 2 - Request for Proposals is April 3. To help with this process Crown Fibre Holdings has requested digital infrastructure/coverage information from service providers and councils. FNDC are currently running an online survey measuring internet speed in our district. • We have had 306 residents take part in the survey to date. The tests have revealed very poor speeds across the district. Affordability was also measured. Some residents are paying a lot for very substandard service – especially people in rural remote areas who are forced to use a satellite provider. A full report will be made available on completion of the survey. This report will be submitted to Crown Fibre Holdings. • The Digital Enablement Group requested a contractor be engaged to map out the current digital infrastructure in Northland and suggest solutions for improving this. This request was supported by NRC, who contributed half of the fee and is managing the contract. • This work will produce independent data for our region that Crown Fibre Holdings can use to cross reference information provided by service providers. The report will include

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mapping detailing all the regions fixed and radio communications infrastructure and sites, including fibre, copper-based ADSL coverage and speeds, cellular sites, microwave links, emergency services (excluding Police) and maritime safety infrastructure. Cellular coverage will be estimated using licence data and radio modelling tools. • The solutions identified in the report will provide our region will a roadmap to 100% connectivity which will be useful for years to come, giving the report a life outside of the scope of RBI2. • The contractor is Jon Brewer, who has done similar work for central government and local authorities. Past clients include - Hamilton City Council, Marlborough District Council Harbours, Porirua City Council, Te Puni Kokiri , RD1 (now Fonterra Farm Source) and Wingnut Films. The final report will be available 15 March. This report will also be submitted to Crown Fibre Holdings. • In December the Digital Enablement Group provided feedback to Crown Fibre Holdings on tourist and highway mobile blackspots identified. All of our feedback has been accepted and Crown Fibre Holdings’ maps have been updated accordingly. Our feedback included identifying SHW15 as a mobile blackspot as well as the newly opened Twin Coast Cycle Trail Pou Herenga Tai. • Our GIS1 Administrator is currently mapping all dwellings in our district, and checking the maps produced by NRC showing council assets within a 3km radius of a Crown Fibre Holdings identified mobile blackspot. These maps will be submitted to Crown Fibre Holdings. • Northland council’s key advocacy messages developed last year remain current e.g.: . 100% connectivity, 100% opportunity, no-one left behind . Digital connectivity will stimulate our economy and ensure equity. This isn’t about commercial investment; it’s about social return . Connectivity will give Northlanders the tech tools we need to define our future). • The above initiatives will give us more evidence to support them and influence others. • Please refer to the update under Shared Services below for more information on the assistance the Northland councils are giving to pilot communities to identify community broadband and mobile solutions. Community and Social Development • Make it Happen Te Hiku (MIHTH) has developed two feasibility studies, which were presented to the MIHTH Governance Group, with the Mayor in attendance. The first is Early Childhood Education which found the there is a significant gap in quality between different service delivery channels that was attributed to lack of accessible training. The second was a Tertiary Study which identified YR 9 as the pivotal point to overlay the world of work with the world of skills and create informed and supported pathways to employment. • The MIHTH Governance endorsed a presentation to the Northland Economic Action Plan Working Party in December as the scope is wider than just Te Hiku. • The working party has referred the presentations to the Northland Economic Action Plan Advisory Group. Also referred were the GROW programme, developed by Ministry of Social Development which is focused on NEETs2, and a presentation from the Enablers Forum, about ensuring that economic actions identified in the Northland Economic Action

1 Geographic Information System 2 a young person who is no longer in the education system and who is not working or being trained for work

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Plan review, would incorporate a community and skills lens to ensure more than GDP is an outcome. • Staff are mapping government social initiatives in Te Hiku and potential key messages for the Mayor as part of his interest and civic leadership role in advocating a different approach to investment and intervention. • The Russell Community Plan is out for community feedback. Consultation timing by the plan leaders was deliberate in an attempt to ensure wider participation over the tourism season • The Karekare Community Plan had a community meeting prior to the summer holiday period. Now that Carrington and Haitetai Marangai have entered discussions to advance the planned development, it is hoped that both parties will participate more fully. • The Far North Youth Council recently spent a day with on Urupukapuka Island to learn about Project Island Song. The enthusiastic group weeded planting areas and learned about bird monitoring for our reintroduced species such as toutouwa3 and tieke4 - with lots of questions and ideas shared. The day was coordinated by Community Development Adviser Aya Morris and the Project Island Song Coordinator. The Youth Council want to keep working with Project Island Song.

• Cameron Lambers, Co-Chair of the Far North Youth Council, was the dinner speaker at the Elected Members Strategic Workshop at the Scenic Circle Hotel in Paihia in December. A letter of thanks was sent from the Mayor along with a gift voucher. Cameron’s speech was very well received.

Iwi, Hapu and Iwi CEO Consortium • Following the signing of the Terms of Reference with the Iwi Local Government Agencies Chief Executives Forum, Council staff will be working with the Iwi Chief Executives Consortium and their support staff to develop an agreed work programme for the year. • The Northland Mayoral Forum has discussed a combined regional governance relationship with Te Taitokerau Māori. A co-joint letter from Chairman Bill Shepherd and Mayor Carter has been sent to Te Kahu o Taonui (Te Taitokerau Iwi Chairs Forum) welcoming the chance to meet to see if there is an appetite to progress a relationship – governance to governance, rangatira ki rangatira. Te Whiu Hapū Memorandum of Understanding • The Memorandum of Understanding between Te Whiu Hapū and Council will be officially signed and endorsed alongside Te Whiu by the Mayor and CEO at Tauwhara Marae, Waimate North on Saturday 4 February 2017. • The MoU will create clear and consistent expectations for how the relationship between both parties will operate. The primary goal is to ensure that Te Whiu and Council are actively engaging with each other on matters that occur within the rohe of Te Whiu. • Council and Te Whiu will meet annually to discuss and agree on key objectives and also to evaluate work achieved over that period.

3 NZ Robin 4 North Island Saddlebacks

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Economic Development Warawara Forest Road Upgrade • Public access conditions for the grant have been satisfied; there are roadway orders already attached to the titles of the blocks that satisfactorily protect the use of the roadway for the public. • Te Rawara provided a schedule of quantities and a tender document for the works to the FNDC Area Road Engineer for approval, which was given with minor amendments. The amendments concerned the HSE clause (to allow the principal to approve the safety plan) and the schedule (to allow the quantities and cost to be varied pro rata). The documents are now with the contractor for pricing. • Both Te Rawara and the FNDC Area Road Engineer have held discussions with the proposed contractor. We are very confident the contractor is capable and motivated to perform well on this work. Next Steps • Te Rawara and the FNDC Area Road Engineer have planned to meet with the proposed contractor on site early this year. It would be at this time that we review the contractor’s price, health and safety, methodology and so forth. The overall price will be considered and, if necessary, amendments will be made to ensure the desired outcome is achieved within the available budget. • The proposed contractor is an experienced local contractor, who has access to local resources and owns suitable machinery for the work. The proposed is a sub- contractor to the maintenance contractor for the FNDC. FNDC’s experience with the proposed contractor and his work to date has been more than satisfactory. • Assuming that the contractor’s tender is accepted at the above mentioned site meeting, work would commence subsequently. FNDC Area Road Engineer would visit the site at certain hold points to approve the work done and ensure the appropriate payments are made. Pou Herenga Tai Twin Coast Cycleway Marketing • The contractor produced the draft marketing strategy and plan before Christmas for staff feedback, which was given. The strategy is being circulated to the Cycle Trail Working Party by the Project Manager, prior to final sign off by the CEO (Acting). • We are planning to officially open the Twin Coast Cycle Trail in the next 1-2 months and will involve the community in the planning of this event. Air NZ Summer of Safety Video • The launch of the safety video promoting the Far North District occurred on 13 December 2016 and was attended by the Deputy Mayor and Councillor Hookway. In the first week since the launch FNHL conformed there were more than $5 million views on youtube – you can see the video from this link which is one of many (www.youtube.com/watch?v=IEnlEVLyD1s). • Air NZ have indicated to FNHL that they have scheduled additional flights into Kerikeri as a result in increased demand. Tai Tokerau Northland Economic Action Plan • Council staff continue to support the working group for the TTNEAP but have focused their time on the sub group that is looking at key enablers (broadband, skills, water etc) as this fits best with our capabilities, capacity and the Council’s priorities and activities. Key work is detailed above.

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The Lions’ Tour • Council staff have liaised with the Lions Team Management and a representative of the NZRFU over several suitable training venues should the Lions team head north prior or after the game in Whangarei. We are also making enquiries about official welcoming ceremonies for the team and visitors. Events • In addition to the Events Funding approved by the Events Panel staff have (at the Mayor’s request) offered funding and marketing advice to the Bay of Islands Hash House Harriers5 who are hosting the annual Nash Hash event in early 2017 for hashers from around the world. At the time of this report the organisers were going to apply for Community board funding and had not sought further funding assistance from Council. • An initial meeting with the Trustees (Dame Jenny Shipley and Jane Hindle) of the Te Au Marie 1769 Sestercentennial Trust was held. The Trustees will prepare a business case for funding / investment and support from Council, which will then be presented to Council for consideration as part of the development of the Long Term Plan 2018-2028. Northland Strategic Collaboration and Shared Activities • Eighteen projects were originally identified by Northland CEOs, endorsed by the Northland Mayors and assigned between the four Northland Councils for management and staff to progress. Collaboration and Shared Activities Matrix

Collaboration Projects Shared Services Projects FNDC Regional Advocacy – to address FNDC Contact centre operations Northland “One Voice” issues FNDC Iwi Relationships – single conduit FNDC ICT Architecture review and enhance Councils support for Māori development opportunities NRC Northland strategy for economic FNDC Libraries development (Lower priority) Regional connectivity FNDC Community Broadband WDC Roads and Transport FNDC I-sites (Lower priority) WDC Three Waters WDC Joint procurement WDC Solid Waste FNDC Common building compliance (Originally KDC, accreditation then WDC) NRC Commercial property NRC GIS WDC Policy development, bylaws and NRC/WDC Shared rating system engineering standards NRC Recreation, sport and cultural NRC Human resources – payroll, facilities health and safety, terms and conditions, systems

5 The Hash House Harriers is an international group of non-competitive running social clubs. An event organized by a club is known as a hash or hash run, with participants calling themselves hashers or hares and hounds.

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Regional Advocacy Projects assigned to FNDC Iwi Relationships Whanaketia te whenua, kia ora ai te tangata – Developing the land to benefit the people • The purpose of this project is for all Northland Councils to work together collaboratively to enhance each individual organisation’s support for Māori land development across Te Taitokerau, for the benefit of Māori land owners and Māori generally. There are three sub-projects identified below: . Improving and Streamlining Council Service Delivery . Rating of Māori Land . Removing Barriers to Māori Land Development. • The project has reached the end of its scoping phase, and a report outlining the findings and recommendations was presented to the CEO Forum of 25 November 2016. The recommendations were supported and the councils will now move into the next phase. In summary, the recommendations were:

. Rating Policy – Development of a draft common policy framework for rating of Māori Land across Northland, a draft remissions policy to support economic development, and common terms, interpretations and FAQs. Work will be done in collaboration with willing owners and Kaitakawaenga Nga Whenua Rahui. . GIS – Northland councils further develop GIS mapping of Māori Land and integrate it with other Council open source data as part of business as usual . Papakainga Guidance – Existing budgets are used to research current papakainga activities being undertaken in Northland. Review the applicability of Western Bay guidance and develop a similar toolkit for Northland to enable positive outcomes. . Collective Treaty of Waitangi: staff and elected member training . Northland Council staff be supported to continue coordinating work programmes, sharing information and working together on initiatives that support “developing the land to benefit the people” • A full and comprehensive report, giving an insight regarding the depth of knowledge, thinking and collaboration that has been undertaken, was produced to support the recommendations. Community Broadband/Mobile Access Te Hapua • A Spark technician visited Te Hapua in December to collect data for a technical feasibility on the proposed solution (small cell which will give mobile coverage for 400m radius). Spark will be in contact before the end of February to discuss next steps. Waima • FNDC were invited to meet with Waima residents in late November at Otatara Marae in Waima, to talk about digital connectivity. Rural Tech Solutions, a local wireless internet service provider, were also in attendance to present their product. Waima is an area that is currently poorly served digitally, with many people paying $250/month for satellite service which has limited data and slow speeds. Waima residents were very interested in what Rural Tech might be able to offer in their area and nominated someone to visit Umawera, to meet with people currently using Rural Tech’s service and report back.

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Awanui • The Awanui Progressive Ratepayers Association (APRA) has a quote from Wireless Nation to provide free Wi-Fi in their town. The quote includes CCTV, which doubled the cost. APRA may defer CCTV to the next stage to make the project more affordable in the first instance. Nukutawhiti • A solution has not yet been found for Nukutawhiti due to the possible closure of Pakotai School, as we were hoping to access the fibre at the school to provide a wireless internet service. However, now that State Highway 15 has been included in Crown Fibre Holdings’ list of RBI2 mobile blackspots, there will be more options available to this community. WDC are leading this piece of work. Contact Centre • This project is a joint procurement of “Contact Centre as a Service” purchased from Datacom which is in the process of being implemented. Both KDC and FNDC will use the same configuration and standardise processes to benefit from the shared cost of implementation. • Additional network bandwidth will be required to implement the solution, a point overlooked by Datacom in the sales and quotation process. Datacom seriously misjudged the challenge regional NZ has in accessing reasonably priced network infrastructure. • KDC’s executive have agreed to procure all networking infrastructure required to provide a private WAN6, Skype, network and SIP7 connectivity to support the contact centre project. • There remains an opportunity for WDC and NRC to join the procurement initiative and share implementation costs. ICT Architecture Review • The review of ICT architecture across the Northland Councils was completed in September 2016, and the findings and recommendations presented to the Northland CEOs October 2016. • The next stage of the project is for the regional ICT team to re-group in February 2017 and develop a programme of work from the foundation opportunities outlined in the report. Attention to paid to the Transport Alliance requirements and the resource, budget and a commitment to undertake further work. • This will commence early in 2017 with a meeting between WDC and ourselves regarding prioritisation and direction of improvements from the Regional ICT study completed by Equinox IT, and alignment with FNDC and WDC strategic ICT commitment and direction. Northland Transportation Alliance • The Alliance Manager, Peter Thomson, started work on 9 January 2017. The Transition Manager, Neil Cook, will handover to Peter over the coming weeks. • The Procurement Strategy and Asset Management Plans are progressing, although FNDC is still struggling to recruit suitably qualified Asset Engineers. • A Section 17A LGA8 service delivery review will be commenced as a joint initiative for Northland Councils. The cost of the review will be shared between the Northland

6 Wide Area Network 7 Session Initiation Protocol

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councils. FNDC has submitted a brief of our requirements. Rationale Consultants will be undertaking the review on behalf of Northland Consultants, building on the work and in- depth knowledge gained from previously undertaking the initial Northland transport review and Transport Alliance Business Case. • Work on the mid-term review of the Regional Land Transport Plan 2015-2021 has commenced. Geographic Information System • Northland Councils worked collaboratively last year to review Geographic Information System (GIS) services across the region and how those services could be enhanced from a Northland perspective. The team reviewed the current state of GIS in Northland, issues and opportunities, and made recommendations regarding a regional GIS viewer and standardisation of data. The final report will be presented at the February Northland CEO Forum for endorsement.

8 http://www.legislation.govt.nz/act/public/2002/0084/latest/DLM6236168.html

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Governance Committee Structure • The four committees, their purpose and membership were reported at the 24 November 2016 CEO report9 and are therefore not repeated in this report. • Committees met formally for the first time in late November following a workshop with relevant departmental general managers and staff. • The Governance Committee held a workshop 20 January. This was very positive and focused on the role of the Governance Committee, values and priorities. Delegations • Committee delegations were adopted at the 15 December 2016 Council meeting. These delegations will be reviewed for effectiveness and amended, via Council resolution, as required. • Commenced discussion on Community Board delegations at the Governance Committee Workshop on 20 January 2016. To be progressed through the appropriate Community Board, Governance Committee and Council approval processes. Community Boards • Community Boards have been sworn in and met both formally and informally leading up to the end of 2016. • A combined workshop with all community boards was held in November to foster working relationships and information dissemination. • Community boards are holding formal meetings and workshops to progress a broader understanding of their strategic plans, standing orders and the general business of their Community Board. Support to Council, Committees and Community Boards • The induction programme for incoming Elected Members is nearing completion with the Political Decision-Making training session to be held on 24 January 2017. From there training will be identified as required and implemented as agreed with Elected Members. • Community Board Strategic Plans have been passed onto the new Boards, post the Local Body Elections, via the formal agenda. It is planned to run LTP workshops with Boards to assist them with the process of giving effect to their Strategic Plans. CEO Participation in Regional and National Forums • CEO Forum – Chair • NIF membership • Convenor – proposed tertiary centre for Ngapuhi • Liaison with Northland Inc • Liaison with CEO Iwi Consortium • Interim Chair of Northland Transportation Alliance Leadership Group • Networking with government agencies at national level as required.

9 http://intranet.fndc.govt.nz/your-council/meetings/record-of-meetings/2016/2016-11-24-council/2016-11- 24-Council-10.1-Chief-Executive-Officers-Acting-Report-cover.pdf

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Corporate Finance Report • This report provides an overview and evaluation of the current financial position and performance of the Far North District Council as at 31 December 2016. Net Operating Position • As at 31 December 2016 the net operating position for the year to date is a deficit of $17.1 million. This is $15.7 million above the Year to Date Budget10 of $1.4 million. The variance is due to the following: . Roading Asset Disposals of $20m, $19.3m of which is for the Mangakahia Road that is now owned and maintained by NZTA. This is an extraordinary transaction and is for the purposes of removing this asset from the Asset register. offset by . General Expenses, Contractor & Professional Fees and External service expenses are less than budget timing.

90,000 Total Operating Income by Source 80,000 YTD Actual $000's YTD Budget $000's Total Annual Budget $000's 70,000 16,000 60,000 14,000 50,000 12,000 40,000 10,000 8,000 30,000 6,000 20,000 4,000 10,000 2,000

0 0 Rates - Rates - Central govt Central govt Other RMA general (excl penalties subsidies - subsidies - new contributions contributions water supply operational works rates)

Total Operating Costs by Expenditure Type

YTD Actual $000's YTD Budget $000's Total Annual Budget $000's

40,000

30,000

20,000

10,000

0 Payroll related costs General expenses Contractor & Allocations (direct and Depreciation and other professional fees indirect) asset costs

10 Combined Annual Plan Budget and Carry Forward Budget

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Capital Performance • Capital expenditure as at 31 December 2016 was $14.6m, this is slightly ahead of the Year to Date Total Budget, a variance of $578k. • Expenditure to date represents 22% of the Total Annual Budget for the year • Reforecasting of the Budget in November 2016 identified projects to the value of $12.3m that have been moved to 2017/2018. Savings of $359k were also identified. Progress as at 31 December 2016

Actual YTD as a Actual YTD as a Expenses YTD LTP Group % of Total % of Full Year Actual $000's Annual Budget Forecast District Facilities 1,205 12% 15% Environmental Management 11 3% 11% Strategic Planning & Policy 9 7% 69% Roading and Footpaths 10,720 35% 34% Wastewater 1,343 9% 14% Stormwater 147 11% 11% Waste Management 13 24% 24% Water Supply 836 20% 27% Governance & Strategic Administration 316 8% 12% Total 14,600 22% 26%

Capital Performance by LTP Group

YTD Actual $000's YTD Budget $000's Total Annual Budget $000's

5,000

4,000

3,000

2,000

1,000 10,416 10,720 30,861 14,546 0

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Borrowing & Investments Current Position . Total debt is $50.5m . At 31 December Council drawdown on its banking facility was $4m, leaving $26m headroom provided by the $30m facility that matures in November 2017. . Council’s cash position is $1m in the General Fund bank account at month end. Compliance . Our liquidity ratio (access to funds) is at 169% compared to the policy minimum of 110%. . This means that Council is in a strong position to cover short term debt obligations.

Public Debt

70

65

60 Millions 55

50

45 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June Month

15/16 Actual 16/17 Actual 16/17 Forecast

People and Capability - Summary of Activity Performance Appraisals • Quarterly performance conversations are still being strongly encouraged between Line Managers and employees. Training sessions are being provided to managers and team leaders. These sessions provide tools and techniques to enable the performance conversation to add value to the goal setting and development planning process. • A number of online performance management systems are currently being evaluated. Essential evaluation criteria are: simplification of the process, ease of use and the ability to view the status of performance management across the organisation. Leaders’ Forum • All Tier 3 managers continued with the group collaboration on addressing the strategic priorities of high performance, customer service strategy and digital enablement. • In addition to these priorities, continuing collaboration and communication across the groups forms part of the vision for the Leaders’ Forum. Leadership development will also

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be an essential component of the forum to ensure that the bench strength of the management team is maintained. • A presentation by the Leader’s Forum was made to the Strategic Management Team on December 13. The delivery content addressed the action plans for the strategic priorities together with the terms of reference, reporting, success factors and measurement of effectiveness. • The inaugural Leader’s Forum will take place in February. This session will benchmark expectations for the forum as well as finalising any outstanding details. Accelerated Leadership Development Programme • A review of the outcomes from the pilot programme was followed by a meeting with SOLGM to discuss recommended changes in a number of areas. These changes have been made and the next programme starts in February. As with the pilot, attendees will be representing FNDC, WDC, KDC and NRC. All 3rd tier managers will have the opportunity to attend this programme as part of our executive leadership development. Collective Union Negotiations • No current issues, early planning for the FY18 CEA negotiation to commence in Q3. People and Capability - Metrics Current Staffing Levels and Budget

Actual Head Count Actual FTE 2016-17 Establishment at 31 December at 31 December FTE Annual Plan

353 323.88 338.46

Actual salaries Salaries Budget Total FY17 spend Actual vs Budget at 31 December Salaries budget at 31 December

$ 12,156,568 $11,890,278 $ 266,290 $ 24,313,101

Vacancies • As at 31 December, there were 18 open vacancies being actively recruited for. In the weeks since the previous report, that volume has continued to plateau indicating a steady state number of open vacancies. The increase in total open vacancies by one (when compared to the last report), is due to the recruitment of the three budgeted FTE roles being recruited for in the Risk & Assurance team, within Corporate Services.

Department Number of Open Vacancies

CEO/Communications/people & Capabilities 1 Corporate Services 9 District Services 2 Infrastructure & Asset Management 5 Strategic Planning & Policy 1

FNDC TOTAL 18

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• Significant effort in the recruitment placement since the last report has seen six budgeted roles successfully filled, with those new employees to start during January 2017. Training Financial Performance

Current Year to 2016 - 2017 Previous Financial Financial Performance 31 December 2016 Budget Year (FY16) Actual $294,859 N/A $431,525

Budget $430,626 $861,210 $593,981

Training Costs as % of Budgeted 2.48% 3.54% Salary Costs

NZ Local Government Average 4.00% Training Budget (% of salary costs)

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Operations Customer Service Improvement Initiatives • Departmental briefings were held in December to discuss the findings of the Customer Service Audit, with a view to implementing improvements. Based on the findings and recommendations, it is intended to give particular emphasis to making customer service improvements in the Requests for Service (RFSs) and Building and Resource Consents areas. • A report to Council in February 2017 will seek formal adoption of a one-page Customer Service Strategy that will guide all future customer service initiatives. The aim will be to provide linkage with annual KPI performance reporting in future reports to the Operations Committee, with on-going measurement programmes of the customer experience with RFSs and Building Consents and Resource Consents. Community and Customer Services Management • Contact Centre - Phase 2: the project has been progressed. Next steps for Phase 2 include the implementation of a networking strategy, to allow for full consideration of all networking infrastructure requirements prior to progressing a joint implementation with Kaipara District Council. The estimated ‘Go Live’ date is May 2017. • Service Delivery Reviews - draft terms of reference have been developed and are being reviewed for libraries and i-SITEs. Professional services will be engaged to complete these reviews due to resourcing constraints. A contract has recently been let for the review of Legal Services. Resource Consent Management • The first half of the 2016/17 financial year showed a continuing upward trend in numbers of Resource Consent, Certificate and Permit applications received. Total applications received YTD are 443, which is 51% higher than the 293 received during the same period in the previous year. • For those resource consents that are subject to RMA discount regulations, the percentage issued within the statutory working day time frame sits at 90% for YTD. This compares with 95% for the previous financial year. • The last three months have shown a downward trend in achieving timeframes, with October 2016 at 88%, November at 87% and December at 80%. It is clear that existing staff levels are not adequate for achieving efficient processing of still increasing numbers of applications, and despite a heavy reliance on external consultant support, the ability to meet timeframes is severely compromised. A recruitment drive is underway to increase crucial in-house processing resources. • The resource consents team has been unable to consistently provide a full duty enquiry service due to the very high numbers of applications requiring processing, but have instead maintained a reduced and rationalised service. • Work continues in meeting statutory reporting obligations via the National Monitoring Strategy Database. Building Consent Management • Building consent applications and inspections for consented building work remained high leading into the 2016 Christmas period. The forecast for the 12 month period to June 2017 is predicted to be around 1488 applications. Building consent applications are averaging 130 per month compared with 109 per month for previous years, a 20% increase.

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• Building inspections toward the end of the year averaged 564 per month, with 780 building inspections recorded for November 2016. The average in the previous financial year was 498 inspections per month, a 57% increase. • Building consents issued within the 20 working day time frame remain at 99% and CCC (code of compliance certs) at 98%. The present trend has provided a higher number of general building and planning related queries at our customer service counter. • Customer queries and complaints regarding the invoice process have reduced significantly over the past year. This is due to work completed through the year to provide a clear uncomplicated building consent invoice process for customers. Compliance and Contract Management • There has been a consistent increase in the number of alcohol-related applications during the final quarter of 2016 (with an average increase of 11% per month). There has also been increased activity in Environmental Health services with an increased number of food premises inspections in line with the new Food Act which was introduced in March 2016. • While there has been a small reduction in the Animal Management activity, there has been an increase in the numbers of impounded dogs. The re-homing program continues to be successful with 35 dogs re-homed in the last quarter of 2016. • Parking Enforcement has also seen increases in the number of infringement notices issued (660) in the last quarter of 2016. • Swimming pool and Building Warrant of Fitness (BWOF) inspections are achieving 85% compliance rates. • Recruitment is at an advanced stage for the newly formed Environmental Health Services Team, combining the current alcohol team and previously contracted Environmental Health Services commences in February 2017. This new team will provide the District Services Group with better capability allowing for better service delivery to all environmental sectors including alcohol, food, and public health bylaw enforcement. • A suitable site has been identified for the new Kaitaia (Northern) Dog Pound project and an offer to purchase the property is currently being negotiated. Civil Defence Emergency Management • Staff monitored a district wide power outage caused by damage to Transpower infrastructure on 8 December. While this did not require a civil defence response, the event did impact on council services. • An area of concern that has been highlighted during past events and has been raised again, is the failure of telecommunications within an eight hour timeframe of the loss of power to Telecom and Vodafone repeaters. • Three national warning messages were received in the past month as a result of seismic activity in the Pacific, including events off the New Zealand coast. Concerns have been received from members of the public with regard to the number of tsunami warnings and the lack of warning systems available to them to advise of these events. Dust issue & protest groups • In mid-January, two groups blockaded roads in the Far North District (Matawaia- Maromaku Road) and Whangarei (Pipiwai Road) to protest against the impact of road dust on public health. Protests were also held on Ngapipito Road in the Far North District.

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• The blockades were located on Maori land in places where the road construction did not align with the legal road. FNDC Legal Counsel advised that because of the underlying land ownership, the blockades could not be removed. Forestry companies were severely impacted as they were unable to get logging trucks through the blockades. • FNDC, WDC and NRC worked together with the forestry industry, the police and the protesters to find resolution. The following actions were agreed: . FNDC, NRC and forestry to jointly fund dust monitoring for 12 months on a road within FNDC. . FNDC, WDC and forestry to jointly fund dust suppression in front of affected properties on high volume logging routes (6 roads within FNDC). . Forestry and the police to work together to ensure that logging trucks keep to the voluntary speed limits. • As a result, the blockades were lifted on 26 January 2017. • Further work is required to: . Agree the extent of the dust suppression and the location of the dust monitoring. . Agree a Council position and strategic direction for dealing with the wider dust issue. . Agree a Council position and action plan for resolving any future blockades or protests. Impact of tourism on the council’s services over the holiday period • This summer we have experienced higher visitor numbers, along with additional Cruise Ship visits. Council officers have liaised with Far North Holding Limited regarding co- ordinated arrangements for cruise ship days in Paihia. • As is normal at this time of year additional Levels of Service are provided to cope with the seasonal increase. Once it was realised that we had more than the usual visitors than was expected additional services were put in place in Paihia and Russell. . Additional portaloos were provided for in Paihia, with extra staff to keep these serviced and clean. . In Russell, litter volumes seemed to have increased so an additional resource was added to just keep the bins and toilets serviced on a rotational basis. • No specific arrangements were put in place for parking enforcement over the holiday period, particularly in Paihia. While this had not been done in previous years, the increasing number of visitors to popular destinations within the District highlights the need for parking enforcement arrangements to be considered as part of a co-ordinated and planned approach in future. • Signalised traffic lights (Puffin) will be provided at Marsden Road pedestrian crossing to provide effective pedestrian and traffic management. This will be completed by April. • It is proposed to ensure that staff along with FNHL produce pro-active, coordinated plans to provide a holiday season management plan for key visitor and tourist locations.

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Communications Topical issues • Managing communications about dry weather and high demand for water has been a high priority for the Communications Team this summer. The team publicised issues associated with the high demand for water in Paihia over the Christmas-New Year period, also helping to raise public awareness of district-wide water restrictions introduced on 16 January. This work involved responding to media enquiries, answering questions on social media and liaising with high-volume water users. Systems and Planning • The Communications Team has developed a communications and engagement strategy to direct the organisation’s communication and engagement practices for the triennium. The strategy is currently under review by the management team. The team is also developing a communications toolbox so that business units are equipped to manage communications on low-medium risk/importance projects themselves. • The Communications Team is close to finalising a crisis communications plan for the Hokianga Ferry, which was taken out of service for a few days last year due to engine failure. The plan will identify how the Council will communicate with key stakeholders and ferry users during any future service outages. Stakeholder Engagement • The Communications Team is developing newsletters for water supplies, so water consumers have a better appreciation of the challenges and costs associated with providing water in the district. Water supplies likely to be targeted initially are Kaitaia, Omanaia-Rawene, Opononi-Omapere and Paihia. Māori Engagement • In December, the Communications Team produced and circulated the first issue of Te Aka Kūmara, a quarterly newsletter designed to highlight the collaborative relationships Council is developing with iwi and hapū, as well as the services and strategies it is deploying to support Māori development. • The first issue talked about partnership agreements Council has reached with iwi, introduced the Enabling Māori Freehold Land Team and provided an update about the District Plan review which affects Tāngata Whenua. Brand Management • The Communications Team is developing roadside signage that can be erected at Council infrastructure projects (e.g. new footpaths, toilets and playgrounds) that help to make the Far North a district of sustainable prosperity and wellbeing. The signs will carry FNDC and He Whenua Rangatira branding and give the travelling public a greater appreciation of the value the Council adds to the district. • The Communications Team is developing an events toolbox, so teams are better equipped and better able to project a professional image of the Council when they undertake community engagement at community events such as A & P Shows.

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LGOIMA Monthly Statistics 2016 The latest statistics for official information requests processed by the organisation appear below. Statistics reflect end December 2016.

# Requests # Requests # # Requests Ombudsman responded to within not Month Requests / responded Investigations permitted time responded to Month to <20 days (if any) extension within time Jan 12 10 2 - -

Feb 14 14 - - -

Mar 15 14 1 - -

Apr 13 13 - - -

May 24 22 2 - 1

Jun 16 16 - - 1

Jul 19 19 - - -

Aug 24 24 1 - -

Sep 22 22 - 1 (1 day late) 1

Oct 24 24 1 - -

Nov 14 14 - - - 5 (1 in Dec 6 - - - progress) Total 203 197 7 1 3

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Community Wellbeing Māori Employment and Income Trends in the Far North District

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NB: This section is highlighted as new information, the other broard environmental factors will be reported in next CEO report. More information is located on the FNDC website http://intranet.fndc.govt.nz/about-the- district/economic-development linked under these images

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