Agenda of Council Meeting - 20 November 2018

Council Meeting ITEM: 4.1

20 November 2018Attachment 1

Northland Regional Council Minutes

Meeting held in the Council Chamber

36 Water Street, Whangārei

on Tuesday 23 October 2018, commencing at 10.30am

Present:

Chairman, Bill Shepherd

Deputy Chairman, David Sinclair

Councillors:

John Bain

Justin Blaikie

Paul Dimery

Mike Finlayson

Penny Smart

Rick Stolwerk

Joce Yeoman

In Attendance:

Full Meeting

Independent Financial Advisor

Chief Executive Officer

GM - Governance and Engagement

GM - Customer Service - Community Resilience

GM - Environmental Services

GM - Corporate Excellence

GM - Regulatory Services

Finance Manager

Governance Support Manager

Part Meeting

Northland Inc. Limited GM Investment and Infrastructure

Strategic Projects Manager

Strategy Specialist

Financial Accountant

Economist

Economic Policy Advisor

The Chair declared the meeting open at 10.31am.

Apologies (Item 1.0)

There were no apologies.

Declarations of Conflicts of Interest (Item 2.0)

It was advised that councillors should make declarations item-by-item as the meeting progressed.

1. Receipt of Confidential Supplementary Item (Item 2.0A)

ID: A1120515

Report from Chris Taylor, Governance Support Manager

Moved (Shepherd/Smart)

That as permitted under section 46A(7) of the Local Government Official Information and Meetings Act 1987 the following confidential supplementary report be received:

· Developer Group Proposal for New Facility

Carried

2. Health and Safety Report (Item 3.0)

ID: A1118226

Report from Tracey Warboys, Health and Safety Specialist

Moved (Yeoman/Blaikie)

That the report ‘Health and Safety Report’ by Tracey Warboys, Health and Safety Specialist and dated 11 October 2018, be received.

Carried

3. Confirmation of Minutes - 18 September 2018 (Item 4.1)

ID: A1114733

Report from Chris Taylor, Governance Support Manager

Moved (Shepherd/Stolwerk)

That the minutes of the council meeting held on 18 September 2018 be confirmed as a true and correct record.

Carried

4. Receipt of Action Sheet (Item 4.2)

ID: A1118675

Report from Chris Taylor, Governance Support Manager

Moved (Dimery/Sinclair)

That the action sheet be received.

Carried

5. Working Party Updates and Chairpersons' Briefings (Item 4.3)

ID: A1109349

Report from Evania Arani, Planning and Policy Team Admin/PA

Moved (Yeoman/Sinclair)

That the report ‘Working Party Updates and Chairpersons' Briefings’ be received.

Carried

6. Council Working Group Updates (Item 4.4)

ID: A1114254

Report from Nola Sooner, Land and Rivers Team Administrator/PA

Moved (Bain/Smart)

That the report ‘Council Working Group Updates’ be received.

Carried

7. Allocation of Surplus Regional Recreational Facilities Rates (Item 5.1)

ID: A1109897

Report from Simon Crabb, Finance Manager

Moved (Yeoman/Finlayson)

1. That the report ‘Allocation of Surplus Regional Recreational Facilities Rates’ by Simon Crabb, Finance Manager and dated 18 September 2018, be received.

Carried

It was further moved (Bain/Blaikie)

2. That surplus regional recreational rates of $27,518 plus GST is paid to Whangarei District Council, upon receipt of an invoice, as a contribution towards the cost of the 2018/19 Regional Events Centre Light Tower Renewal Project.

Carried

8. Council Adoption of the 2017/18 Annual Report (Item 5.2)

ID: A1108062

Report from Simon Crabb, Finance Manager

Moved (Sinclair/Stolwerk)

1. That the report ‘Council Adoption of the 2017/18 Annual Report’ by Simon Crabb, Finance Manager and dated 12 September 2018, be received.

2. That the council's audited Annual Report and financial statements for the year ended 30 June 2018 be adopted pursuant to section 98(3) of the Local Government Act 2002.

3. That the Chief Executive Officer and Chairman be authorised to sign the 2017/18 Annual Report compliance statement and letter of representation, and the letters of representation in relation to the 2017/18 debenture trust deed, 2017/18 stock register report, and 2017/18 Summary Annual Report.

4. That the Chief Executive Officer be authorised to make any minor editorial and presentation changes to the 2017/18 Annual Report and Summary Annual Report if required.

5. That the Chief Executive Officer be authorised to approve the release of the 2017/18 Summary Annual Report.

Carried

Secretarial Note: The Financial Advisor provided commentary in relation to the Annual Report. It was noted that the audit process, using Deloitte, had become a ‘value add process’. Also due to council’s increasing cash consumption, compared to revenue, there was shifting dependence on to investment and dividend income to fund council operations.

9. Financial Report to 30 September 2018 (Item 5.3)

ID: A1118295

Report from Vincent McColl, Financial Accountant

Moved (Sinclair/Finlayson)

That the report ‘Financial Report to 30 September 2018’ by Vincent McColl, Financial Accountant and dated 11 October 2018, be received.

Carried

Secretarial Note: The Finance Manager presented the new interactive tool that would enable councillors to peruse financial information.

10. Regional Rates Collection - Update to 30 September 2018 (Item 5.4)

ID: A1117287

Report from Simon Crabb, Finance Manager

Moved (Sinclair/Stolwerk)

That the report ‘Regional Rates Collection - Update to 30 September 2018’ by Simon Crabb, Finance Manager and dated 9 October 2018, be received.

Carried

11. Northland Inc. Ltd Annual Report for the Year Ending 30 June 2018 (Item 5.5)

ID: A1117304

Report from Jon Trewin, Economic Policy Advisor and Simon Crabb, Finance Manager

Moved (Sinclair/Finlayson)

That the report ‘Northland Inc. Ltd Annual Report for the Year Ending 30 June 2018’ by Jon Trewin, Economic Policy Advisor and Simon Crabb, Finance Manager and dated 9 October 2018, be received.

Carried

It was further moved (Shepherd/Sinclair)

That a letter be sent to Northland Inc. Limited to acknowledge the three awards it received at the 2018 Economic Development NZ Awards being:

· The best practice award for farming extension;

· The best practice in inward investment award for work on the Hawaiki Cable; and

· The distinguished service award (to Chief Executive, David Wilson).

Carried

12. Annual Resolution to Form the Māori Technical Advisory Group (Item 6.1)

ID: A1115865

Report from Rachel Ropiha, Kaiarahi - Kaupapa Māori

Moved (Dimery/Yeoman)

1. That the report ‘Annual Resolution to Form the Māori Technical Advisory Group’ by Rachel Ropiha, Kaiarahi - Kaupapa Māori and dated 4 October 2018, be received.

2. That council allow for an annual allocation of nine meetings of the Māori Technical Advisory Group to allow for their input into unscheduled programmes of work.

3. That this allocation be used only for the purpose of unscheduled work over and above formal programmes of work.

4. That council write to Ministry for the Environment and request more consideration be given to the timeframes imposed for seeking input into its policies and project initiatives.

Carried

13. Chair's Report to Council (Item 7.1)

ID: A1112955

Report from Bill Shepherd, Chairman

Moved (Shepherd/Sinclair)

That the report ‘Chair's Report to Council’ by Bill Shepherd, Chairman and dated 28 September 2018, be received.

Carried

14. Chief Executive’s Report to Council (Item 7.2)

ID: A1111339

Report from Malcolm Nicolson, Chief Executive Officer

Moved (Shepherd/Stolwerk)

That the report ‘Chief Executive’s Report to Council’ by Malcolm Nicolson, Chief Executive Officer and dated 23 October 2018, be received.

Carried

It was further moved (Bain/Blaikie)

That a letter be sent to the Ngawha Corrections Facility acknowledging the manufacture of mustelid trap boxes for the council.

Carried

15. Receipt of Committee Minutes (Item 8.0)

ID: A1118279

Report from Chris Taylor, Governance Support Manager

Moved (Bain/Smart)

That the unconfirmed minutes of the:

· Investment Subcommittee - 29 August 2018;

· Investment Subcommittee - 25 September 2018;

· Property Subcommittee - 5 September 2018;

· Property Subcommittee - 3 October 2018; and

· Regional Transport Committee - 3 October 2018

be received.

Carried

Business with Public Excluded (Item 9.0)

Moved (Shepherd/Sinclair)

1. That the public be excluded from the proceedings of this meeting to consider confidential matters.

2. That the general subject of the matters to be considered whilst the public is excluded, the reasons for passing this resolution in relation to this matter, and the specific grounds under the Local Government Official Information and Meetings Act 1987 for the passing of this resolution, are as follows:

Item No.	Item Issue	Reasons/Grounds
9.1	Confirmation of Confidential Minutes - 18 September 2018	The public conduct of the proceedings would be likely to result in disclosure of information, as stated in the open section of the meeting .
9.2	Receipt of Confidential Committee Minutes	The public conduct of the proceedings would be likely to result in disclosure of information, as stated in the open section of the meeting .
9.3	Human Resources Report	The public conduct of the proceedings would be likely to result in disclosure of information, the withholding of which is necessary to protect the privacy of natural persons, including that of deceased natural persons s7(2)(a).
9.4 (Supplementary)	Developer Group Proposal for New Facility	The public conduct of the proceedings would be likely to result in disclosure of information, the withholding of which is necessary to enable council to carry out, without prejudice or disadvantage negotiations (including commercial and industrial negotiations) s7(2)(i).
9.5	Statement of Investment Policy and Objectives (SIPO): Adjustments to Community Investment Fund and Infrastructure Investment Fund	The public conduct of the proceedings would be likely to result in disclosure of information, the withholding of which is necessary to enable council to carry out, without prejudice or disadvantage, commercial activities s7(2)(h).

3. That the Independent Financial Advisor be permitted to stay during business with the public excluded.

Carried

Conclusion

The meeting concluded at 12.44pm.

Council Meeting item: 6.1

20 November 2018

TITLE:	Kawakawa Hundertwasser Park Centre - Request to Vary a Condition of Funding
ID:	A1122881
From:	Darryl Jones, Economist and Jon Trewin, Economic Policy Advisor

Executive summary

The Kawakawa Hundertwasser Park Charitable Trust (KHPCT) and Far North Holdings Limited (FNHL) are requesting a variation to one of the conditions (f) that council set in July 2017 for KHPCT to receive $500,000 in funding from the Investment and Growth Reserve (IGR) to support the construction of the Kawakawa Hundertwasser Park Centre. Condition (f) relates to the repayment of council funds should the facility be sold to a private operator. Presently this condition effectively exists ‘in perpetuity’ and is consistent with the approach adopted by council for providing financial support to the Whangārei Hundertwasser Art Centre and the Waitangi Mountain Bike Park. KHPCT and FNHL are requesting that this condition be limited to a 10-year period post the opening of the facility, in line with the similar funding condition associated with the contribution from the Provincial Growth Fund (PGF).

Council staff recommend that the current condition remain in place, i.e. that the condition requiring repayment should the facility be sold to a private operator remain in place in perpetuity.

Recommendation(s)

1. That the report ‘Kawakawa Hundertwasser Park Centre - Request to Vary a Condition of Funding’ by Darryl Jones, Economist and Jon Trewin, Economic Policy Advisor and dated 9 November 2018, be received.

2. That council declines the request by Kawakawa Hundertwasser Park Charitable Trust and Far North Holdings Limited to amend condition (f).

Background

At its meeting on 18 July 2017, council agreed to allocate $500,000 from the IGR as Impact Investment funding to the KHPCT to support the construction of the Kawakawa Hundertwasser Park Centre (now officially named Te Hononga, Hundertwasser Memorial Park). In order to receive the $500,000 grant, council required seven conditions to be met subject to the satisfaction of the Chief Executive Officer.

Council originally required these conditions to be satisfied by 30 June 2018. However, this was extended to 31 December 2018 by resolution at the 15 May 2018 council meeting. The following table provides an update on progress towards meeting these seven conditions. In summary, good progress has been made and KHPCT are on track to satisfy all conditions (excepting (f), the subject of this agenda item) by 31 December 2018.

Condition	Progress
a. All necessary building and resource consents are obtained.	Resource consent granted 16 March 2018. Building consent lodged 18 September 2018, due for approval mid-November 2018.
b. A fixed price construction tender that permits the project to proceed is secured.	Tenders closed 2 November 2018 and a fixed priced tender is expected to be announced following the FNHL Board meeting and KHPCT meeting on 13 November 2018.
c. Confirmation that funding required to cover the development of the Kawakawa Hundertwasser Park Centre has been obtained.	Total funding of $5,657,000 has been confirmed from various funding partners. A quantity surveyor’s estimate has been received with a construction cost estimate of $4,757,000 (including 10% contingency). Fit out costs are additional to this.
d. Details regarding the content of the gallery/museum component, and the conditions under which portions of the Kawakawa Hundertwasser Park Centre will be made available to the community.	Final building and layout plans have been provided detailing the interpretive centre/gallery and workshop components of Te Hononga available to the public. An updated Project Information report details the overall visitor experience.
e. Evidence of support for the project from the Hundertwasser Non Profit Foundation.	Letter dated 21 September 2018 from Joram Harel, Chairman of the Hundertwasser Non Profit Foundation, supporting the project.
f. A formal commitment from Far North Holdings Limited that should the Kawakawa Hundertwasser Park Centre ever be sold to a private operator the $500,000 financial investment by council will become repayable on settlement of sale.	Request received from KHPCT and FNHL to limit this commitment to a 10-year period post the date at which Te Hononga is opened.
g. An agreed list of performance and quarterly reporting mechanisms	List developed and incorporated into the draft NRC-KHPCT funding agreement.

Whilst council’s funding agreement is with KHPCT, the Ministry of Business, Innovation and Employment (MBIE), who are providing just over 40% of the funding through a PGF allocation, have their funding agreement with FNHL. The reason that council’s funding arrangement is with KHPCT is because they are primarily responsible for raising funds to construct the interpretive centre/gallery component of Te Hononga (seen as the revenue raising component of the facility). The following table shows the complex operation/ownership arrangements with the assets. While responsibly for the construction of Te Hononga and various aspects of the Hundertwasser Memorial Park in which it is located is shared among several parties including KHPCT, FNHL and Ngāti Hine, FNHL will own the building and the two land titles (Lot 1 DP 320865 and Lot 1 DP 125119) on which Te Hononga sits.

Operational arrangements for the Centre

Component		Construction	Maintenance	Operation	Ownership
Te Hononga	Interpretive Centre/Gallery (202m²)	KHPCT/Ngāti Hine	FNHL	KHPCT/Ngāti Hine	FNHL
	Workshop (86m²)	KHPCT/Ngāti Hine	FNHL	KHPCT/Ngāti Hine	FNHL
	Library/Service Centre (257m²)	FNHL	FNHL	FNDC	FNHL
	Public amenities (139m²)	FNDC and MBIE	FNHL	FNDC	FNHL
Town square/ Atea/Entrance way		KHPCT/Ngāti Hine	KHPCT/Ngāti Hine	KHPCT/Ngāti Hine	FNHL
Car park		FNDC and MBIE	FNDC	FNDC	FNDC
Hundertwasser Memorial Park		KHPCT/Ngāti Hine	KHPCT/Ngāti Hine	KHPCT/Ngāti Hine	FNDC

In relation to condition (f) (‘the payback clause’), KHPCT and FNHL are requesting a change to the current payback condition which is effectively ‘in perpetuity’ to ’10 years’ if sold to a private operator. This request has been made to align council’s funding agreement with a similar condition in the FNHL funding agreement with MBIE.

FNHL do not accept that it is appropriate to bind a third party and make them liable for funds they are not receiving (the grant is made to the KHPCT but, as discussed, FNHL will be the eventual owner of the centre). Furthermore, as it stands, the payback condition will be a liability in perpetuity on FNHL books which FNHL do not want to accept. FNHL are managing, and ultimately owning, the project (at the request of both FNDC and council) and this has provided confidence to third parties to commit funding to the project.

Moreover, the following mechanisms to protect public access and council’s investment have been put in place through the Public Access and Divestment Agreement (an appendix to the Project Partnership Group MOU, signed 26 August 2017) and the Sale and Purchase Agreement of the land for building site, signed 27 July 2018 by FNHL and FNDC.

1. Should FNHL wish or need to divest ownership of the centre, it will give first right of refusal to purchase the land (i.e. the two titles) and improvements (i.e. Te Hononga) to FNDC (purchase price to only reflect FHNL contribution to capital improvements). The library/service centre will be offered at market value.

2. Should FNDC decline the offer of first refusal, FNHL will give first right of refusal to KHPCT.

3. If neither party is willing or able to purchase the land and improvements, then the site can be put to the market.

4. FNHL will enter into a 35-year lease arrangement with KHPCT for the interpretive centre/gallery and workshop at a peppercorn rent of $1 per annum. At final expiry of the lease term, the KHPCT will be given first refusal to renew the lease (on terms similar to the previous). If KHPCT is unable or unwilling to renew the lease, the lease will be offered to FNDC or another appropriate not for profit organisation.

Whilst this does provide some assurance that public access will be maintained, there is still the possibility that the site could be sold to a private operator if FNDC and KHPCT pass up the first right of refusal to buy the site from FNHL. However, it should be emphasised that even if FNDC and KHPCT pass on the option to buy the centre, FNHL consider that they will not make a profit on the sale, given the leasing arrangements with KHPCT and FNDC and the requirement to make a profit on their investment of around $700,000. FNHL also consider they would lose their investment on the library and service centre, which will be offered at full market rate, if required to pay back council’s $500,000 investment.

It should be noted that in relation to the Whangārei Hundertwasser Art Centre, council’s arrangement is with the Whangārei Art Museum Trust even though Whangarei District Council will be the eventual owner of that building. Therefore, maintaining an ‘open ended’ payback clause is consistent with similar undertakings secured through other investments.

Considerations

1. Options

No.

Option

Advantages

Disadvantages

Amend condition (f) to limit payback of council funds if the facility is sold to a private operator within 10 years.

No apparent advantages for council.

Removes the ability of council to retrieve its funding should the facility be sold to a private operator after 10 years.

Retain the wording of the current clause which does not place a time limit on repayment if the facility is sold to a private operator.

Would retain the ability of council to retrieve public funding should the facility be sold to a private operator.

Is consistent with similar undertakings secured from the Whangārei Art Museum Trust in relation to the Whangārei Hundertwasser Art Centre and the Waitangi Mountain Bike Park.

No apparent disadvantages to council however this may be unacceptable to FHNL and jeopardise the project.

The staff’s recommended option is 2. Staff note that the recently signed funding agreement with the Whangārei Art Museum Trust for the Whangārei Hundertwasser Art Centre and the Waitangi Mountain Bike Park include a similar clause requiring payback in perpetuity. This has become a standard condition of funding. Staff see no reason why there should be a different approach between these projects. In fact, as Te Hononga is primarily a project that will benefit the local community, it is even more important to maintain continued community access to facilities in the building. Although evidence has been presented that provides some degree of comfort that public access will be maintained, there is still the possibility the centre could be sold to a private operator.

2. Significance and engagement

In relation to section 79 of the Local Government Act 2002, this issue is considered to be of low significance when assessed against council’s Significance and Engagement Policy because providing such funding allocations is specifically provided for in council’s Long Term Plan and is part of council’s day to day activities.

3. Policy, risk management and legislative compliance

This decision is consistent with council’s policy for the allocation of the Investment and Growth Reserve.

Further considerations

4. Community views

There has been considerable community consultation around the development of the latest version of the Kawakawa Hundertwasser Park Centre, including input into the design of the proposal. There is strong community support for the project, as demonstrated by the recent establishment of a Project Partnership Group to support the Trust develop and implement the project. Letters of support for the project to accompany the application to the Regional Mid-Sized Tourism Facilities Grant Fund were prepared by the Kawakawa Business and Community Association, the Bay of Islands–Whangaroa Community Board, Te Rūnanga o Ngāti Hine, and the Bay of Islands Vintage Railway Trust.

5. Māori impact statement

The local tāngata whenua, Te Rūnanga o Ngāti Hine, are represented on the Project Partnership Group. They will also have an active role in the governance of the centre, particularly around running programmes and events in the educational workshop space.

6. Financial implications

The decision to allocate $500,000 from the Investment and Growth Reserve to KHPCT has already been made, and has been budgeted to occur across financial years 2018/19 and 2019/20. This decision may materially impact the uptake of this funding if agreement cannot be reached on the ‘payback clause’ (condition (f)).

7. Implementation issues

The main implementation issue with this decision is ensuring ongoing public access is maintained to the centre and that council’s investment is protected. Although evidence has been presented that provides some degree of comfort that public access will be maintained, there is still the possibility the centre could be sold to a private operator. Additionally, there is a compelling argument for maintaining consistency with similar undertakings secured from the Whangārei Arts Museum Trust in relation to the Whangārei Hundertwasser Arts Centre and the Waitangi Mountain Bike Park. There is a risk however that the current ‘open-ended’ payback clause council requires could jeopardise the project getting underway.

Attachments

Nil

Authorised by Group Manager

Name:	Jonathan Gibbard
Title:	Group Manager - Governance and Engagement
Date:	13 November 2018

Council Meeting item: 6.3

20 November 2018

TITLE:	Mana Whakahono ā Rohe: Advice from Te Taitokerau Māori and Council Working Party
ID:	A1126302
From:	Rachel Ropiha, Kaiarahi - Kaupapa Māori

Executive summary

At its December 2017 meeting council resolved to adopt criteria in regards to who it would accept invitations from to enter into Mana Whakahono ā Rohe (MWR) arrangements. This criterion confirmed that council would only progress invitations, at this stage, from iwi authorities (as is required by law). At this same meeting, council also resolved to seek further advice from Te Taitokerau Māori and Council Working Party (TTMAC) who have previously recommended that council should also develop MWR with hapū.

This report provides advice and recommendations on behalf of the non-elected members of TTMAC who, through the Māori Technical Advisory Group (MTAG), have considered options to address council’s concerns about entering into MWR at a hapū level.

The staff recommendations contained in this report are different to those recommended by TTMAC, and seek council endorsement for MTAG to explore and develop a single hapū based MWR.

Recommendation(s)

1. That the report ‘Mana Whakahono ā Rohe: Advice from Te Taitokerau Māori and Council Working Party’ by Rachel Ropiha, Kaiarahi - Kaupapa Māori and dated 7 November 2018, be received.

2. That council approve the Māori Technical Advisory Group to further develop and refine a single hapū based Mana Whakahono ā Rohe (for multiparty hapū to join).

3. That a process/criterion for joining also be developed.

Report

Changes introduced to the Resource Management Act 1991 (RMA) in April 2017 were aimed at enhancing tāngata whenua participation in RMA planning processes. One of the mechanisms introduced is Mana Whakahono ā Rohe or Iwi Participation Arrangements. Council has previously received reports and workshopped this topic. This resulted in council resolving to adopt criteria in regards to MWR including, at this stage, to only progressing MWR with iwi authorities.

Since then, and at the invitation of council, TTMAC, through MTAG, have been considering how to address concerns raised by council in regards to entering into MWR with hapū. These concerns included:

· Council’s ability to resource a large number of hapū based agreements; and

· Complexities, overlaps and inefficiencies associated with multiple inconsistent separate hapū and iwi MWR.

It should be noted that TTMAC have worked within the constraints of council’s current position and, therefore, options identified below might not necessarily reflect the preferences of TTMAC members. Also, as previously expressed, TTMAC and MTAG do not represent Māori, rather they provide a Māori view and advice to council, and in this case, to help council form a position on invitations to enter into MWR with hapū.

In this regard, MTAG identified three possible options for consideration:

Option 1: Council reconsider its criteria and accept invitations to enter into MWR with hapū.

Option 2: Council creates a template which could be used as a starting point for hapū and council to enter into a MWR.

Option 3: Council creates a single hapū based MWR that multiple hapū can sign up to.

TTMAC discussion and recommendations in relation to the concerns raised by council:

1. Council’s ability to resource a large number of hapū based agreements

While it was acknowledged that initiating MWR at a hapū level would require greater resourcing from council, it was considered highly unlikely that 200 plus hapū would request council enter into a MWR.

That if council examined the number of hapū currently active in its RMA processes this number would more likely reflect the number of hapū that might seek to engage with council. That even then, many of those groups engaged in RMA processes were individuals, land owners or resource management units and not hapū, making this number even less.

Argument supporting engagement with hapū included such things as hapū are landowners and that resources were managed through a hapū structure. Therefore, engagement should be with hapū.

2. Complexities, overlaps and inefficiencies associated with multiple inconsistent separate hapū and iwi MWR

Contrary to council’s concerns, it was seen that MWR offered an opportunity to clarify processes and therefore avoid duplication and inefficiencies. By identifying and agreeing processes this avoided the need to tailor engagement each time council changed or developed new RMA policy/plans. That MWR rationalised potentially adhoc multiplicity approaches of engaging Māori.

It was considered that MWR provided the vehicle to streamline and agree methodology and practices currently encountered by council and tāngata whenua.

TTMAC recommendations to council

TTMAC discussed the concerns of council, the likelihood of these eventuating, alongside the options identified by MTAG, and consider that a template (Option 2 above) offered the best outcome for council and hapū.

It was considered that a template offered surety to the parties of an MWR while at the same time allowing for hapū to articulate content specific to them such as maps, reference to hapū/iwi environmental management plans and protocols around sites of significance.

Having some autonomy over content pertinent to them while adhering to a set structure allowed hapū scope for self-expression when entering into an MWR with council.

It was considered that using an outline – strawman – MWR would address issues raised by council in regards to inefficiencies, inconsistency, resourcing and overlaps as the template framework would clearly articulate what was in scope and what was not.

That having this clearly outlined removed complexity by standardising contents of MWR. It was also considered that a standard framework ensured there were no inefficiencies for the same reasons.

Considerations

1. Options

No.	Option	Advantages	Disadvantages
1	That council endorse TTMAC recommendations and develop a hapū based template MWR.	Council seen to be supporting the advice of TTMAC and further strengthening council’s hapū relationships.	While a template provides a starting point it also provides for each hapū based agreement to be hapū specific and hence not addressing the concerns raised by council of complexity, inconsistency and overlapping agreements.
2	That council decline to progress any form of MWR with hapū.	Maintains council’s current position and will ensure no overlapping MWR and that council resourcing is manageable.	Is in opposition to recommendation and advice from TTMAC. Will likely strain council’s relationship with hapū.
3	That council support Option 3, as identified by MTAG (above), and support the development of a single hapū based MWR that multiple hapū can sign up to.	Shows council has considered the advice from TTMAC, but after considering this and the arguments provided, are endorsing an alternative option for TTMAC consideration. Entering into one agreement with multiple hapū will reduce council’s concerns around potential complexity and inefficiencies of multiple inconsistent agreements.	This option is not consistent with TTMAC recommendations. There will still be overlaps and likely inconsistencies between iwi and hapū based MWR however this will be minimised by there only being one hapū based agreement. Council’s ability to resource MWR will need to be monitored, to ensure council can meet expectations, and clearly communicated to council prior to signing any MWR.

Staff recommend Option 3 as this option best mitigates the concerns previously identified by council. It should be noted that this is not the preferred option of TTMAC (as articulated above). Should council support the staff recommended way forward (Option 3), then the next step is for TTMAC to consider this and, if supportive, further develop a single hapū based MWR for formal consideration and approval by council.

2. Significance and engagement

In relation to section 79 of the Local Government Act 2002, this decision is considered to be of low significance when assessed against council’s Significance and Engagement Policy because it has previously been consulted on and provided for in council’s Long Term Plan and/or is part of council’s day to day activities. This does not mean that this matter is not of significance to tāngata whenua and/or individual communities, but that council is able to make decisions relating to this matter without undertaking further consultation or engagement.

3. Policy, risk management and legislative compliance

This decision is consistent with policy and legislative requirements, in particular council’s policy of fostering Māori participation in council processes and sections 58L to 58U of the Resource Management Act 1991.

The proposed option varies from the recommendation provided by TTMAC, therefore there is potential risk to this relationship. This relationship is highlighted in council’s aforementioned policy, specifically through the key steps council will take to achieve greater participation of Māori in council’s processes.

Further considerations

4. Community views

There are no known community views on MWR.

5. Māori impact statement

While advice has been sought from TTMAC, this will most likely be a contentious issue for Māori of Taitokerau as it relates to council’s criteria in regards to who council will accept invitations for MWR from. TTMAC and hapū representatives have advised that council should enter into MWR with hapū. While this advice is partially being supported (if council supports the staff recommendations), it does not go as far as hapū would like and will likely result in some negative feedback from hapū and potentially strain council’s hapū relationships.

6. Financial implications

While there will no doubt be financial implications of entering into MWR, until council has progressed further to develop these agreements it is very difficult to quantify these potential resourcing issues. The recommendations contained in this report, while increasing the potential resourcing pressure on council, also mitigates this potential increased resource requirement by recommending a single hapū based MWR, rather than separate individual and likely inconsistent hapū based agreements.

7. Implementation issues

Potential implementation issues have clearly been highlighted throughout this report. These include potential negative hapū response and unknown financial implications. On the positive side, it also has the potential to develop a mutual understanding of how council will involve hapū in its RMA processes and through this hopefully strengthen council’s relationship with hapū.

Attachments

Nil

Authorised by Group Manager

Name:	Jonathan Gibbard
Title:	Group Manager - Governance and Engagement
Date:	14 November 2018

Council Meeting item: 7.2

20 November 2018

TITLE:	Chief Executive’s Report to Council
ID:	A1124671
From:	Malcolm Nicolson, Chief Executive Officer

Recommendation

That the report ‘Chief Executive’s Report to Council’ by Malcolm Nicolson, Chief Executive Officer and dated 20 November 2018, be received.

7.2.1 Highlights

Biosecurity Awards

I am pleased to announce that NRC has been confirmed as a finalist in two categories at the New Zealand Biosecurity Awards to be held in Auckland on 12 November 2018.

Firstly, the Northland Regional Council Pest Control Hub has been nominated for the New Zealand Biosecurity Eagle Technology Local and Government Award and Sophia Clark our Biosecurity Manager – Marine & Strategy has been nominated for the New Zealand Biosecurity AsureQuality Emerging Leader Award.

Te Rūnanga o Te Rarawa has also been nominated for the New Zealand Biosecurity Te Puni Kokiri Māori Award for the Warawara Whakaora Ake Project.

This is a wonderful acknowledgement of the depth of knowledge and ability we have here in Northland. I wish everyone the best of luck for the awards on 12 November.

7.2.2 CEO’s Office

Shared Services

Shared service focus remains on Northland councils working together on applications for the Provincial Growth Fund as part of the Northland Forward Together’s ‘One Voice’ advocacy programme. The four councils’ other priorities include four waters, IT services, provision of GIS in a single viewer, and LiDAR.

Council property update

The sale of a CBD property has gone unconditional and settles in November.

Current Legal Proceedings
*Department*	*Description*	*Status*
Consent decision appeal	To construct a boardwalk as part of a coastal walkway in Back Bay, Mangawhai Estuary	Mediation adjourned until 30 June 2019.
Consent decision appeal	Seventeen groundwater takes for horticultural irrigation at Houhora, Motutangi, and Waiharara	The applicant has provided evidence to the Court. Council evidence is due to the Court on Friday 9 November 2018.
Consent decision appeal	Proposed deepening and realignment of Whangārei Harbour entrance and approaches	The applicant and council met with Patuharakeke, which is a section 274 party on the appeal, to discuss the mutually acceptable position reached by the two parties. Patuharakeke Te Iwi Trust Board is seeking expert advice on the proposed agreed position. Draft amended conditions are to be prepared for discussion.
Consents and notification decisions judicial review	Peat/kauri gum and resin extraction operation	The council is preparing its response to the plaintiff’s statement of claim. A case management hearing is scheduled for 22 November 2018.

7.2.3 Corporate Excellence

Fraud Declaration

I am not aware of any fraud nor am I investigating any incidence or suspected incidence of fraud at this time.

7.2.4 Regulatory Services

Consents in Process

During October 2018, a total of 82 Decisions were issued. These decisions comprised:

2	Moorings
28	Coastal Permits
0	Air Discharge Permits
10	Land Discharge Permits
0	Water Discharge Permits
9	Land Use Consents
25	Water Permits
8	Bore Consents

The processing timeframes for the October 2018 consents ranged from:

· 322 to 2 calendar days, with the median time being 39 days;

· 76 to 1 working days, with the median time being 22 days.

35	Applications were received in October 2018.

Of the 94 applications in progress at the end of October 2018:

28	were received more than 12 months ago (most awaiting further information);
20	were received between 6 and 12 months ago (most awaiting further information);
46	less than 6 months.

Appointment of Hearing Commissioners

The following commissioners were appointed in October 2018 for one consent hearing:

· Mrs Sharon McGarry and Mr Alan Withy for consents associated with a new jetty structure at Waipohutukawa Bay, Russell. The hearing is scheduled for 14-15 November 2018.

Consents Decisions and Progress on Notified Applications in Process, Objections and Appeals

The current level of notified application processing activities at the end of October 2018 is (by number):

· Applications Publicly/Limited Notified During Previous Month	0
· Progress on Applications Previously Notified	5
· Hearings and Decisions	1
· Appeals/Objections	3

Compliance and State of the Environment monitoring

The results of compliance monitoring for the period 1 – 31 October 2018 (and year-to-date figures) are summarised in the following table and discussed below.

Classification	Total	Full compliance	Non-compliance	Significant non-compliance	Not exercised during period
Air discharges	18	13	3	2	0
Coastal permit	62	49	7	2	4
Discharge permit	81	57	13	9	2
FDE – Discharge permit	121	74	31	14	2
FDE – Permitted activity	21	17	3	1	0
Land use consent	22	19	0	0	3
Water permit	88	70	10	0	8
Total	413	299	67	28	19
Percentage		72.4%	16.2%	6.8%	4.6%
YTD	3064	2522	306	130	106
Percentage		82.3%	10.0%	4.2%	3.5%

Refer to p 43 for the enforcement action taken.

Air discharges

A total of 41 air quality related environmental incidents were received, 20 of which related to burning and smoke nuisance and 11 to spraydrift.

Continuous ambient PM₁₀ monitoring results for September 2018 for the Whangārei and Marsden Point airsheds, and Kaikohe, showed that compliance was met with the National Environmental Standards for Air Quality (NESAQ). PM_2.5 monitoring results for Whangārei were within the Ambient Air Quality Guideline value.

Coastal and water quality field operations

The majority of consents monitored during the reporting period related to coastal discharges (treated municipal sewage and industrial) and coastal structures.

Routine water quality sampling of the Whangārei, Bay of Islands and Kaipara harbours and southern estuaries (Mangawhai, Waipū and Ruakākā) was carried out.

Routine sampling of the river water quality network (39 sites), priority catchments (38 sites), and periphyton (40 sites) was also carried out.

Quarterly deployment of water quality buoys to collect continuous data within the Waitangi estuary and upper Hātea River was made. The buoys will remain in place for one month.

Sediment plates at Whangārei and Ruakākā sentinel estuary monitoring sites were measured to assess sedimentation rates.

Hazardous substances

· Four incidents involving the discharge of hazardous substances and 17 enquiries regarding contaminated land were received and responded to

· The collection and packaging of hazardous substances continued during the reporting period.

Discharge and land use monitoring

Routine compliance monitoring of discharge and land use consents continued during the period. Council staff attended the following during the reporting period:

· Monthly meeting with compliance staff from WDC to discuss any cross-over issues

· Northland Drinking Water Joint Working Group

· 4 Waters Advisory Group Northland

· A meeting with farmers and industry stakeholders to discuss ways to address FDE significant non-compliance.

Since 1 May 2018 (when National Environmental Standard – Plantation Forestry came into effect), NRC has received 172 notices of activities. The majority (about 60%) of these have been in relation to harvesting.

Notices of Activities NES–PF
Subpart 1	Afforestation	7
Subpart 3	Earthworks	56
Subpart 4	River crossings	5
Subpart 5	Forestry quarrying	3
Subpart 6	Harvesting	101
	Total	172

This represents a significant new/additional workload that is currently unfunded. Council will need to consider how to fund this through the next Annual Plan.

Farm Dairy Effluent (FDE) Monitoring

FDE inspections commenced on 16 July 2018. A total of 876 farms will be visited by the FDE contractor or council staff prior to Christmas. To date about 67% of these have been visited and reported on. The results for consented and permitted activity farms are tabled below and compared with those for the same period last year.

Consented FDE discharges

A total of 436 consented farms have been visited and reported on, which is about 66% of the total consented farms to be visited.

Full Compliance		Non-Compliance		Significant Non-Compliance
This Year	Last Year	This Year	Last Year	This Year	Last Year
274	240	106	107	56	104
63%	53%	24%	24%	13%	23%

Non-consented FDE discharges

A total of 148 non-consented farms have been visited and reported on, which is about 69% of the total non-consented farms to be visited.

Full Compliance		Non-Compliance		Significant Non-Compliance
This Year	Last Year	This Year	Last Year	This Year	Last Year
93	109	25	13	30	43
63%	66%	17%	8%	20%	26%

To date the results indicate a marked improvement in the percentage of farms which have been graded significantly non-compliant. Overall the percentage has dropped from 23% this time last year to 12% this year.

Environmental incidents

One incident was recorded during the reporting period which resulted in a significant environmental impact. This was in relation to a spill of untreated wastewater to a waterway. Quantities or duration of the spill are unknown. Formal enforcement action is being considered.

Enforcement

Abatement notices, infringement notices and formal warnings

The following enforcement actions were taken during the period:

	Infringement Notice		Abatement Notice		Total
Nature of Offence	No. Offences	No. Notices	No. Offences	No. Notices	No. Offences	No. Notices
Boat maintenance	0	0	1	1	1	1
Burning & smoke nuisance	1	1	3	3	4	4
Farm dairy effluent	9	14	21	21	25	35
Hazardous substances, spills & refuse	1	2	1	1	2	3
Illegal activity in CMA	0	0	1	1	1	1
Sediment	1	1	0	0	1	1
Sewage	0	0	2	2	2	2
Total	12	18	29	29	36	47

Other Enforcement

Dumping and burning of demolition waste, Kaikohe

Charges have been laid against two companies, two individuals (associated with the two companies) and a land owner for the dumping and burning of demolition waste near Kaikohe. The case has been adjourned for a “Case Review Hearing” on 14 November 2018.

7.2.5 Environmental Services

Land Management

Environment Fund Update

207 projects totalling $1,071,668 have been approved for funding this financial year, plus 22 Northern Wairoa Freshwater Fund projects totalling $130,839. Another delegated authority is set down for 22 November 2018. There is $175,000 remaining for terrestrial – biodiversity, lake projects and general Efund projects.

Farm Water Quality Improvement Plans (FWQIP) – 2018/19

This financial year 64 FWQIP’s have been commenced and 21 have been completed. We anticipate approximately 150 plans will be undertaken during the year.

Northern Wairoa Freshwater Improvement Project

Measure	Comments
Number of wānanga held with iwi/hapū to develop Te Kawa Waiora for their rohe. Target: Hold wānanga tuatahi and tuarua with Te Uri o Hau, Te Roroa and 7 hapū from Ngā Kaitiaki o Ngā Wai Māori as necessary. Develop draft Te Kawa Waiora document	One wānanga has been held with a hapū from Ngā Kaitiaki o Ngā Wai Māori on 3 November at Parahaki Marae in Nukutawhiti. There were approximately 30 hapū members in attendance. They discussed water quality and water levels in the Mangakahia and began the development of a pathway plan for wai ora. We have four more wānanga scheduled for November and early December 2018 with hapū from Ngā Kaitiaki o Ngā Wai Māori. These will be developing the vision and aspirations each hapū has for freshwater in their rohe.
Number of Farm Environment Plans completed and landowner funding allocated. Target: 40 FEPs to be completed, $342,500 budget for land owner funding this financial year	One Farm Environment Plan has been completed in the northern Wairoa Catchment in October (six this financial year). No further funding has been allocated from the Northern Wairoa efund in October ($130,839.30 allocated in September 2018). Delegated Authority is scheduled for 22 November to approve further projects.
Other events and achievements	A partnership hui was held on 11 October at Tau Henare marae. Eight young hapū members who are participating in the Taratahi Agricultural Training programme were in attendance to learn how our mahi can fit together. We will be working with them to develop fencing and planting projects on their whenua. Other topics discussed at the partnership hui were sections of our Mana Enhancing Agreement that require an update and the development of a communications plan; this is being supported by the NRC Communications team.

Waitangi Catchment Group Expo - Taiamai – Ohaeawai Rugby Club on 25 October 2018

Around 50 local landowners came to the Waitangi River and Catchment Networking Event last week to find out more about the Waitangi Catchment Management Plan and to work out the next steps towards achieving catchment plan goals. They found out about assistance available to landowners and the latest central government policy and opportunities.

Three local farmers told the crowd about the work they have done on their farms and how this has made farming easier and improved water quality on their farms. Mana whenua talked about their aspirations for the river, including establishing a native plant nursery and improving water quality. Industry experts talked about help available to improve land and water quality in the catchment. Ministry for Primary Industries gave updates on the emission trading scheme and 1 billion trees programme.

Nursery Flyger Road Nursery

A tender process to select a contractor to upgrade and install irrigation has been completed. Installation starts on 19 November. Stump and pole pruning also starts in November.

BIODIVERSITY

Lakes

Ecological monitoring with NIWA was undertaken in 14 lakes between Pouto and North Dargaville. Full lakes submerged plant index (Lakes SPI) was undertaken in eight lakes and snorkel reconnaissance in six. Lakes SPI was done in Black Lake within the Kai Iwi group for the first time. Black Lake is in excellent ecological health and although it is small in extent, at around 12m deep, it is one of Northlands deeper dune lakes. Black Lake was fenced recently through the Environment Fund. Three new lakes were visited including one tiny, but high value lake in a natural setting north of Dargaville.

FIF Dune Lakes Project

The second quarterly hui of the project’s Technical Advisory Group is being held on 30 November and will focus on Matauranga, using Landcare Research as a facilitator.

The Cawthron/GNS Science Lakes380 sediment core sampling work is being calibrated in a few Northland Lakes in November and the project Team and SOE are supporting this important research which will give us a 1000 year biological and geological account of lake dynamics.

Wetlands

Paranui is a high value Top Wetland near Taipā with a diversity of wetland habitat types over several properties and DOC reserve. There was little information about the values or condition of this wetland so biodiversity staff teamed up with a native fish expert and local iwi from Te Ahua Marae and undertook a fish, vegetation, and a general condition survey. The wetland is in excellent condition with good water quality, few weeds and an impressive diversity of native fish and other species. A report and recommendations for management will be submitted to landowners and iwi.

Iwi, biodiversity staff and a native fish expert check out fish caught in a stream running through Paranui Wetland

Biodiversity staff attended the biennial National Wetland Trust Wetland Restoration Symposium held in Napier, and gave a presentation on Northlands’ dune lakes.

CoastCare

CoastCare dune planting was completed for the year with planting at Langs Beach, Whananaki and Te Ngaere.

In total for the 2018 planting season 14,611 dune plants have been planted. This includes 8,972 spinifex; 1,650 pingao; and 2,984 Ficinia nodosa (wiwi). Wiwi (also known as knobby clubrush) is planted immediately landward of the spinifex zone to provide a buffer between the native grasses of the dune area and exotic grasses landward, enabling easier weed control.

Dune weed control work was undertaken at a number of sites. This is a crucial part of dune restoration work as plantings can be smothered and killed by exotic grasses.

Waipū School planting the dunes at Waipū Cove; one of the CoastCare planting days held this year.

Check Clean Dry

Ministry for Primary Industries approved a funding application for $20,000 to run a Check Clean Dry (CCD) Freshwater Biosecurity summer advocacy programme. This programme will include the employment of a full-time summer CCD Advocate.

BIOSECURITY

Marine Biosecurity

Marine pest hull surveillance report: October 2018*:

Total number of vessels inspected to date:	111
Vessels detected with Sabella (fanworm)	39
Vessels detected with Styela	1
Vessels detected with Undaria	1
Vessels detected with Eudistoma	0
Vessels detected with Pyura	0
Pathways plan compliance	45%

*Comparison figures will be provided when data for the entire surveillance season is available.

Vessels found to be non-compliant are being issued with Notices of Direction to have their vessels cleaned at approved haul outs.

A barge was found to be infested with Undaria (which is not established in the Whangarei Harbour). Divers removed the immediate risk by safely containing all Undaria plants via in-water removal at the owners cost. The following day the vessel was hauled to Marsden Cove. Further resources will be required to delimit the area to determine if a population has established. This incident will be reviewed by an enforcement decision committee.

The eradication of fanworm at Ōpua by divers has been planned with advice from MPI and an independent marine biosecurity consultant. This work is expected to begin during November.

Partnerships

High Value Areas

Staff have been active supporting community groups in the high value areas of the Mid-North, Mangawhai, Whangārei heads and Tutukaka. Activities have included monitoring of kiwi, predator control and assisting with weed action.

Enviroschools

Enviro Schools grants have been completed and progress is being made in supporting pest control initiatives at Manaia and Pukenui. Biosecurity officers are working with the Enviroschools’ facilitator to raise the awareness of Kauri die back with schools.

Kauri Die Back (KDB)

Biosecurity officers attended a hui at Takou Bay hosted by Ngāti Rehia and Scion concerning iwi aspirations to establish a Kauri sanctuary and planting kauri within the rohe. Consultation with mana whenua and other landowners is ongoing.

A draft work plan for kauri die back sampling is established and continues to be improved. Soil samples have been taken from five sites as per request from landowners or public and staff are awaiting laboratory results.

Biosecurity officers have joined the Behaviour Change Working Group for the KDB programme and have a meeting planned for the beginning of November to discuss the operational plan.

The Kauri Museum Settlers Day

Two staff assisted coordinators of the Waraki (Pahi/Paparoa) Community Pest Control Area (CPCA) with public enquiries at the Settlers Day, Environmental Forum on 6 October, hosted by The Kauri Museum, Matakohe.

The fine weather for the event aided good public attendance, with a biosecurity staff member assisting with 14 enquiries, 50% relating to stoat (mustelid) control. Waraki CPCA coordinators and staff gave control advice on a range of pest plants and animals, as well as kauri die-back.

Kai Iwi Lakes

Dargaville staff completed monthly water level monitoring for five ground water bores and three lake staff gauges at Taharoa Domain (Kai Iwi Lakes). During the site visits staff also removed 2001 Sydney golden wattle seedlings adjacent Lake Kai Iwi foreshore.

Pest Plants

Kamo and Tikipunga searches for the eradication species batwing passionflower (Passiflora apetala) have been completed. Bi-annual searches for mickey mouse plant (Ochna serrulata) have now begun. Roadside control was also carried out for the progressive containment species ‘large leaf bush pea’ or Pultenaea dahpnoides.

RIVERS

River Contract Works

Priority Rivers	Work	Status	Comments
Awanui	OpEx	15% complete	Work on the mid-Awanui underway
Awanui	CapEx	10% complete	Work is progressing with Bell’s Hill bench and Te Ahu.
Kaihu	OpEx	0% complete	Contractor scheduled to start late November

LTP Projects

Rivers	Comments
Awanui	Bell’s Hill bench – resource consent is lodged. Preliminary archaeology assessment will allow NRC to work under accidental discovery protocol. Enabling works for river crossing and incorporating grade control has been completed. Enabling works for Te Ahu rock armouring is underway. The Preliminary Scheme design is scheduled to be delivered in December.
Matangirau	Modelling is underway to compare pre-and post-causeway scenarios. Once model is completed we will meet with the community to progress solutions.
Kawakawa - Taumārere	A Working Group Meeting was held 18 October and the Working Group has requested that the LTP Waiomio benching and stopbank option which would give protection to the lower shops in Kawakawa is included in the Annual Plan. Staff have met with NZTA and work is underway modelling Turntable Hill options in-house and resource consenting is underway. Preliminary scoping of a stopbank option West of Pokapu Road has been undertaken. This could potentially mitigate flooding at Otiria and along the Ngapipito Road.
Whangārei	Detailed design for floodwall options have been completed for Woods Road.
Panguru	Modelling is underway for several scenarios; once completed staff will meet and present back to the community in December.
Kerikeri	Tree removal has been identified and will progress weather permitting.

NATURAL HAZARDS

Work Streams	Status	Comments
Regional LiDAR Project	5%	The LiDAR modifications to the aircraft have been completed and waiting on CAA for approval. We expect a mid-November re-start for capture in Northland. To mitigate these delays, we have requested additional pilots to take advantage of long summer days that could require two pilot rotations.
Coastal Hazards	N/A	A community meeting was held in Ruawai on 15 October. The community has been pro-active to discuss climate change, coastal flood hazard maps and the long-term implications for Ruawai. This was a joint meeting with Kaipara District Council.
Priority Rivers Flood Hazard Maps	95%	Waipū and Paparoa catchment flood mapping has been completed. After final checks, we expect the maps to be released early in the New Year.
Awanui Flood Model	45%	DHI has started calibration runs. Once completed design storms will be used to create updated flood maps. Tonkin and Taylor upgraded scheme design surfaces will then be tested in the new catchment model.

7.2.6 Strategy Governance And Engagement

PROPOSED REGIONAL PLAN

Hearings started on 28 August 2018 and were held in Kaitāia, Kerikeri, Whangārei and Otiria Marae. The last day for hearing submitters was 11 October 2018. The staff reply report was presented to hearing panel on 6 November 2018. Final recommendations from the hearing panel to council are expected early in the new year.

A separate hearing for genetically modified organisms (GMO) submissions was held on 30 and 31 October 2018 in Whangarei. Decisions are expected early in the new year – at the same time as the rest of the Plan.

CORPORATE PLANNING

Methodologies have now been finalised for the new key performance indicators resulting from the Long Term Plan 2018-2028 (LTP). There are 27 levels of service in the LTP, with 51 associated performance measures.

Four of the performance measures are due for reporting in quarter one of the financial year (July – September), with the remainder due to be reported biannually (beginning quarter 2), or annually in quarter 4.

The results for quarter one reporting are outlined in the table below.

Performance measure and target:	Status
100% of official information requests are responded to within 20 working days.	Achieved
Number of subscribers to online and social media channels increase by 25% annually.	Achieved - tracking for achievement at the end of the year
80% of environmental incidents with more than minor effects reported to the Environmental Hotline are resolved within 30 working days.	60% - Not achieved for this quarter During the period there were five incidents with more than minor adverse environmental effects. Three of these were resolved within 30 working days, two are still ongoing
100% of air sheds meet the national air quality environmental standards.	Achieved

DISTRICT PLANNING

Whangarei District Council notified proposed Plan Change 134 (Designations) on 24 October 2018. This is open for submissions until 21 November 2018. Essentially, the plan change proposes to retain existing designations within the Whangārei District (this includes the two NRC designations – NRC Water Street Offices and Hopua te Nihotetea Detention Dam) and update the chapter format. Staff are still reviewing the plan change material to determine whether to lodge a submission.

ECONOMIC DEVELOPMENT

Investment and Growth Reserve – Projects report

Project	October update	Future developments/ reporting
Extension 350	First quarter 2018/19 report received.		Second quarter report 2018/19 due January 2019.
Resources Enterprise Limited (REL)	Received update from business consultant on plans to reopen the sawmill.		Continue to engage with directors including possible meeting for November.
Hundertwasser Art Centre (Whangārei)	Conditions of payment satisfied and first invoice received and paid.		Second invoice due at 50% works complete.
Kawakawa Hundertwasser Park Centre (Te Hononga)	Information on meeting conditions received from Trust. Request to change payback condition received and is the subject of a separate paper on this agenda.		Finalise funding agreement by end November.
Extended Regional Promotion	Nothing to report.		Report for the first six months 2018/19 due in February.
Twin Coast Cycle Trail (TCCT)	Nothing to report.		Awaiting further progress reports and associated invoices to complete funding commitment.
Water storage and use project	Awaiting response on success of application to PGF.		Preparatory work on tender documents.

Investment and Growth Reserve – Project Development funding by Northland Inc.

Funding approved by Northland Inc for around $4,200 to develop a business plan for Taro production.

ONLINE CHANNELS

Most popular post on Facebook this month – Media release urging people to report any sightings of Indian ring-necked parakeets, rainbow lorikeets or sulphur-crested cockatoos in the wild after a recent spate of escaped pet birds.

Key Performance Indicators	Jun-18	Jul-18	Aug-18	Sep-18	Oct-18
WEB
# Visits to the NRC website	17,500	12,800	12,000	13,000	14,800
E-payments made	0	No data	19	25	11
# subscription customers (cumulative)	1,165	1,153	1,167	1,169	1,154
SOCIAL MEDIA (cumulative)
# Twitter followers	1,391	1,403	1,394	1,405	1,415
# NRC Facebook fans	6,360	6,440	6,453	6,623	6,910
# NRC Overall Facebook Reach	94,400	77,400	81,000	203,600	137,800
# CDEM Facebook fans	15,900	15,900	15,900	16,000	No data
# CDEM Overall Facebook Reach	76,100	24,600	50,000	59,100	No data
# Instagram followers	381	432	481	540	596

enviroschools / education

Events

· Enviroschools National ECE Facilitator Hui
From 9 – 11 October, council attended the abovementioned Hui in Auckland. Northland had the largest contingent of early childhood educators present

· Enviroschools Silver Reflection
On 18 October, a successful Enviroschools Silver sharing and decision-making session took place at Maungaturoto School. Cr Smart will be officiating at the associated celebration on 29 November

· Waitangi River Networking Event
On 25 October, Enviroschools team members participated in the Waitangi Catchment Group’s event. The team made a short presentation and secured 12 local landowners who are keen to work with schools on the Enviroschools WaiRestoration project.

Kauri Dieback Engagement
Enviroschools and Biosecurity staff are working together to increase community engagement in Kauri Dieback awareness and action.

School communities facilitated
Despite the school holidays, during October 20 school communities were visited by Enviroschools facilitators.

MARKETING AND ENGAGEMENT

A campaign is currently running to promote ‘Where’s Your Wai’, which aims to find out about the freshwater places people are using around Northland. The campaign, which is primarily focussed on social media coupled with face-to-face engagement at local markets and events, is set to run until 24 November.

MĀORI ENGAGEMENT

· A meeting between Kaipara Uri and Auckland, Kaipara District, Whangarei District and Northland Regional Council was held to discuss the possibility of building a business case scenario in order to petition central government for funding to assist in environmental remediation given the complex sedimentation issues facing the harbour. Staff of uri and councils have been tasked with developing the proposal further

· Staff from Auckland Council and Northland Regional Council met with Waikato Regional Council to discuss the Treaty settlement pertaining to the Waikato River with a view of informing councils’ participation in the Kaipara Moana settlement discussions

· The Regional Sector Māori Special Interest Group met during October in Christchurch. As the second meeting, the main aim was to finalise a Draft Terms of Reference for consideration by the Regional Sector Chief Executives.

GOVERNANCE SUPPORT

Local government official information (LGOIMA) requests

Month	LGOIMA requests received 2017/18	LGOIMA requests received 2018/19
July	7	15
August	10	20
September	16	7
October	15	5
November	12
December	14
January	12
February	14
March	12
April	14
May	15
June	18

Total LGOIMA requests received	159	47
Total LGOIMA requests not responded to ≤ 20 working days*	15	0

In October 2018, there were no LGOIMA requests that exceeded 20 working days’ response.

7.2.7 Customer Service – Community Resilience

Telephones

With an average of 115 calls per day, call volumes were slightly down for October. The conversion rate for incoming calls was 98.8%.

With the implementation of the new telephone system, from November we will also be able to monitor and report on inbound call wait time.

Satisfaction Monitoring

Feedback Cards, Compliments and Complaints

Four compliments were registered in October. Two of the compliments named specific staff in consents, land management and customer services. Another was a more general compliment for the biosecurity plant team. The forth compliment was praising the bus service, and specifically the security guard at Rose St.

A single feedback card reported their positive experience with the helpfulness and information provided by our monitoring team

Three complaints were recorded in October.

Classification of complaint

Total

Standard of service provided

Dead possums not collected

Staff or contractor attitude or behaviour

Driving complaint (bus driver)

Taxi driver attitude

Following receipt of correspondence from members of the community, I have decided to appoint an independent investigator to consider if concerns raised are appropriated investigated under the Council’s Code of Conduct policy.

Activity

Water Street

Renovations to the reception are being completed in two stages. The first stage was to the create a customer services area which is now operational and just waiting on interim cosmetic touches. The second stage will open up the front foyer area, improve display space and create additional meeting rooms.

Regional Customer Service Centres (CSC)

Telephone call flows

With the installation of the new telephone system we have implemented changes to the way we route and manage calls at the regional centres. From November, the customer service officers in Ōpua and Waipapa will become part of the main operator group (queue) to receive inbound calls. This not only increases our capacity to answer calls quickly, it also means we can continue to answer calls if the Whangārei office needs to be evacuated.

In another change, calls to either our main Whangārei number or 0800 number originating from either the far or mid north will be initially directed to Kaitāia, Waipapa or Ōpua offices. If the call cannot be answered within the first rings, it will be diverted to the main call queue. Unanswered calls made directly to the Ōpua and Kaitāia will also enter the main queue and be handled by one of the other customer services officers.

The enquiry results for Waipapa exclude phone enquiries and we have noticed a decline in walk-in enquiries over the past two months. This is surprising as we have recently increased exterior signage. The two main types of enquiries in Waipapa are animal pests and FNDC enquiries and it has been suggested the drop is due to seasonal pest activity, and local ratepayers getting a better understanding of the difference between councils.

ISO9001 Update

Currently the following areas of services are registered under ISO9001:

Regulatory Services	Oil Spill Response
Consents	Human Resources/Health & Safety
Enforcement	Human Resources
Farm Dairy Effluent	Health & Safety
Waste Management	Environmental Services
Resource Consent Monitoring	Land Management
Field Monitoring Group	Biosecurity
Environmental Incidents	Aids to Navigation
Maritime	Maritime Incidents
Hydrology	Pilotage

Civil Defence Emergency Management

Warnings and activations

No weather watches or warnings have been issued during September for the Northland region.

Emergency Management System Reform

The Ministry of Civil Defence & Emergency Management (MCDEM) have advised that the Governments response to the Technical Advisory Group Report on the Ministerial Review on better responses to natural disasters and other emergencies will now be referred to as Emergency Management System Reforms. The Ministry has commenced work on the reform work programme. One of the key activities is the establishment of “Fly in Teams,” effectively surge capacity and capability to support groups. A Programme Manager has been appointed at the national level to oversee this project. We expect that as work progresses there will be consultation and engagement on how the surge capacity will be structured.

At a recent CDEM Group mangers meeting in Wellington the Ministry outlined how it proposes to work through the work programme and its priorities over the coming months.

Operational GIS Viewer

The development of an operational GIS viewer to assist in response in emergencies in Northland has progressed, thanks in the main to Eagle Technology and personnel from the NRC GIS team. Training is underway and the product has been demonstrated to all CDEM Groups.

On call arrangements

The single on-call Duty Officer and a single on-call Controller for all CDEM related matters (i.e. alerting, warning, initial actions and response) outside of normal business hours for the Northland region has been implemented.

Recovery arrangements

As part of planning and being prepared for emergencies, having established networks and contacts in place can make a difference in how people and their businesses survive an emergency. To assist with this, we are developing a Rural Collaborative Group. We have a diverse range of industry and production in Northland and we don’t often take the time to work across these rural sectors so this will be an opportunity to come together annually to share ideas, develop networks, discuss emergency preparedness and planning, and business continuity. The inaugural meeting was held on 9 November.

Emergency Services Day

Emergency Management staff participated in the annual Emergency Services Summer Safety Day at Kensington sports park on Sunday 11 November. The event provides the opportunity to promote emergency preparedness messaging directly to families attending the free event. Other participating agencies included Police, Fire, St John, Red Cross, Surf Life Saving, NEST, Northpower and Coastguard.

National Disaster Resilience Strategy

The proposed National Disaster Resilience Strategy was rereleased by the Ministry in early October for public consultation.

CDEM Office

Many across region projects are progressing including-

· Recruitment of staff for deployment to the Emergency Operations Centre

· Civil Defence Centre Volunteers radio communications training

· Development of a Northland Tsunami Siren Asset Management plan

· Coordinated Incident Management Level 4 (two courses in one week involving approx. 50 personnel from across many agencies).

Transport

Regional land transport planning

Regional Fuel Tax

In June 2018, the government, through the Land Transport Management (Regional Fuel Tax) Amendment Act 2018 (Act) approved the implementation of a regional fuel tax for Auckland that came into effect on 1 July 2018. This fuel tax was to run until 30 June 2028.

The purpose of a regional fuel tax is to provide additional funds to a region to pay for transport projects that would not otherwise be funded. A regional fuel tax will have a maximum initial duration of ten years. If a regional council wants to extend beyond ten years, it will need to consult with the public and obtain Ministers’ approval.

However, the Act restricted the introduction of regional fuel taxes to Auckland only until 1 January 2021, thereafter a region could apply to the Minister of Transport to implement a fuel tax.

The government has recently indicated that due to the recent national fuel taxes being phased in over the next three years, future applications for a regional fuel tax may not be approved.

Staff will continue to monitor this.

Passenger Transport Administration

Total Mobility

Total Mobility (TM) figures are reported one month in arrears, as the required information is unavailable at the time of the agenda deadline.

Total clients

Monthly

Actual

Expend

Monthly Budget Expend

Variance

Year/Date

Actual Expend

Year/Date

Budgeted Expend

Variance

September

1408

$16,500

$25,000

-$8,500

$52,772

$75,000

-$22,228

Ridewise TM Solution – Commercial Services Participation Agreements

The management of the New Zealand Transport Agency (NZTA) introduced electronic swipe card system, Ridewise, has been transferred to Eyede, the company who manage the online system. This move will have no implications on council.

Contracted Bus Services Operational Statistics

October 2018

(revenue ex GST)

Actual

Budget

Variance

Year/Date

Actual

Year/Date

Budgeted

City Link Passengers

27381

25206

2175

102468

108522

City Link Revenue

*$36,423*

$50,464

*-$14,041

$186,243

$213,498

*Fares lowered to $2 Adult and $1 Child for the month under review. This reduction in fares was to offset any passenger related problems with the closure of the Snapper system and the introduction of the new INIT interim cash fare only system. This reduction in fares is expected to continue to about March 2018 when the INIT system comes fully online (activation of card based fares).

October 2018 (revenue ex GST)	Actual	Budget	Variance	Year/Date Actual	Year/Date Budgeted
Mid North Link Passengers	231	426	-195	777	1680
Mid North Link Revenue	$806	$2778	-$1972	$2,868	$10,354
Hokianga Link Passengers	30	24	6	98	102
Hokianga Link Revenue	$291	$313	-$22	$1047	$1330

Year to date for Far North Link

Month	Fare Paying	Gold Card	Total	Budgeted	Actual Pax Per Trip
July	385	225	610	667	1.82
August	371	259	630	699	1.62
September	293	204	497	607	1.74
October	391	229	620	685	2.17

Month	Actual Fares	Gold Card	Total Revenue	Budget Revenue	Variance YTD
July	$934.70	$417.60	$1,352.30	$1,552.50	-$200.20
August	$779.00	$466.31	$1,245.31	$1,828.50	-$583.19
September	$825.65	$390.81	$1,216.46	$1,552.50	-$336.04
October	$885.00	$440.54	$1,325.54	$1,552.50	-$226.96

Road Safety Update

Northland’s road safety partners have had a number of road safety, Motorcycle & Truck Education Stops, restraint check-points around the region.

Radio, Print and Digital road safety messaging continues focussing on the key high-risk issues identified for Northland. These being:

· High risk rural roads

· Alcohol

· Motorcycles

· Speed

· Young drivers (15 – 24)

· Restraints.

Key advertising themes by NZTA for October 2018 have centred around ‘Alcohol & Speed’.

The year to date road deaths in Northland stands at 27 with the main contributing factors being:

· Speed

· Impairment

· Seatbelts

· Fatigue/Distraction.

Regional Road Toll Statistics – 2018 & 2017 Comparison

Location	YTD 2018	YTD 2017
Far North	10	16
Whangarei	14	7
Kaipara	3	5
Northland	23	23
National	307	311

The ages of those involved in the death related crashes are:

0 – 14 years	1
15 – 19 years	0
20 – 24 years	5
25 – 39 years	5
40 – 59 years	8
60 + years	8

Attachments

Nil

Id	Meeting	Target Date	Description	Request Details	Most Recent Comment
4553	Council 21/08/2018	21/11/18	Investment and Growth Reserve: Changes to the Criteria and Procedures for the Allocation of Funding	That the Investment and Growth Reserve criteria and procedures for allocating funding to be discussed at the 12 September 2018 NINC workshop.	Council / Northland Inc quarterly workshop rescheduled to Wednesday 21 November 2018.
4641	Council 18/09/2018	31/12/18	Reforecasting of budgets	That the Audit Working Party undertake a 'reforecasting exercise' to discuss best practise when there are changes to budgeted costs and revenue.	Target date - by the end of the calendar year.
4649	Council 18/09/2018	30/11/18	Mid North Bus review	That a council workshop be held at such time the review of the Mid North Bus is complete.	This matter was workshopped with council on 24 October 2018. Staff to determine the best manner to proceed with this matter.
4655	Council 23/10/2018	28/02/19	Field Trip	That consideration be given to a councillor field trip to look at dune lakes projects and initiatives for Waiora Freshwater Improvements.	It has been advised there would not be a great deal to see on a field trip and it would require significant travel. As an alternative, it is suggested councillors have a 'virtual' field trip in the office (in the New Year) to present some imagery/video of this work.
4659	Council 23/10/2018	31/12/18	Interactive financial reporting	That a council workshop be held to explain the use of the new interactive financial tool (following consideration by the Executive Leadership Team).	That a council workshop be held to explain the use of the new interactive financial tool (following consideration by the Executive Leadership Team).

Id	Meeting	Date Completed	Description	Request Details	Most Recent Comment
4548	Council 21/08/2018	25/10/18	CAPEX and OPEX carry forwards	That the Audit and Finance Working Party review the practise of CAPEX and OPEX carry forwards and provide a recommendation to council in due course.	This will be progressed in the long term.
4661	Council 23/10/2018	6/11/18	Letter to NINC	That a letter be sent complimenting NINC on the two awards it received at the 2018 Economic Development NZ Awards.	Letter sent to Northland Inc on 24 October.
4662	Council 23/10/2018	30/11/18	Letters to the Minister for the Environment	That consideration be given to combining the council and TTMAC letters to the Ministry for the Environment requesting that more consideration be given to the timeframes imposed for seeking input into its policies and project initiatives. The letter to emphasise the damage to council's reputation due to tight timeframes.	Complete. Letter sent
4664	Council 23/10/2018	6/11/18	Letter of acknowledgement	That a letter be sent to the Ngawha Corrections Facility acknowledging the manufacture of mustelid trap boxes for the council.	Complete. Letter sent to Ngawha corrections.
4666	Council 23/10/2018	6/11/18	Feral Deer	That council be provided further information about council's work regarding the issue of feral deer and the identification of deer.	Complete. Councillors were provided with additional information regarding feral deer,

Date	Addressed To	Subject
05.10.18	Dave Cull, Chairman Malcolm Alexander, CEO Local Government New Zealand	Local Government - Māori Representation
19.10.18	Jim Kilpatrick Chair Ngunguru Sandspit Protection Society Inc.	Ngunguru Sandspit
24.10.18	Sarah Petersen Chair Northland Inc.	Congratulatory letter on the awards received by Northland Inc. and their CEO at the EDNZ Conference
30.10.18	Hon Nanaia Mahuta, Minister of Māori Development Hon David Parker, Minister for the Environment	Defining iwi authorities: section 35A(2)(a) Resource Management Act 1991

TITLE:	Health and Safety
ID:	A1126260
From:	Tracey Warboys, Health and Safety Specialist

Name:	Dave Tams
Title:	Group Manager, Corporate Excellence
Date:	09 November 2018

TITLE:	Confirmation of Minutes - 23 October 2018
ID:	A1126037
From:	Chris Taylor, Governance Support Manager

Name:	Chris Taylor
Title:	Governance Support Manager
Date:	07 November 2018

TITLE:	Receipt of Action Sheet
ID:	A1126398
From:	Chris Taylor, Governance Support Manager

Name:	Bruce Howse
Title:	Group Manager - Environmental Services
Date:	08 November 2018

TITLE:	Financial Report to 31 October 2018
ID:	A1126465
From:	Vincent McColl, Financial Accountant

TITLE:	Improving Māori Participation in Resource Consent Processes: Advice from Te Taitokerau Māori and Council Working Party
ID:	A1126276
From:	Rachel Ropiha, Kaiarahi - Kaupapa Māori and Stuart Savill, Consents Manager

TITLE:	Chair's Report to Council
ID:	A1125693
From:	Bill Shepherd, Chairman

TITLE:	Receipt of Committee Minutes
ID:	A1125535
From:	Chris Taylor, Governance Support Manager