18 June 2019
Northland
Regional Council Minutes
Meeting held in the Council Chamber
36 Water Street, Whangārei
on Tuesday 18 June 2019, commencing
at 10.30am
Present:
Chairman, Bill Shepherd
Councillors:
Justin Blaikie
Paul Dimery
Mike Finlayson (left meeting from 11.39am to 12.07pm)
Penny Smart
Rick Stolwerk
Joce Yeoman
In Attendance:
Full Meeting
Independent Financial Advisor
Chief Executive Officer
GM - Environmental Services
GM - Regulatory Services
Governance Support Manager
Part Meeting
GM – Strategy, Governance and
Engagement
GM – Corporate Excellence
Finance Manager
Community Engagement Manager
Communications Manager
Organisational Project Manager
Financial Accountant
GIS Officer
Policy Specialist
Policy Specialist – Water
Economist
The Chair declared the meeting open at 10.30am
Apologies (Item 1.0)
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Moved (Shepherd/Blaikie)
That the apologies from
Councillors Bain and Sinclair for non-attendance be received.
Carried
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Declarations
of Conflicts of Interest (Item
2.0)
It was advised that councillors should make declarations
item-by-item as the meeting progressed.
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Table Item for council meeting – 18 June 2019 (Item 2.0A)
ID:
A1203117
Report from Simon Crabb, Finance Manager
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Moved (Shepherd/Smart)
That as permitted under section
46A(7) of the Local Government Official Information and Meetings Act 1987 the
following tabled report be received:
·
Externally Managed Funds – Strategy to De-risk Portfolio
Prior to Financial Year-end.
Carried
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Presentations - GIS Civil Defence ALGIM
Award (Item 3.0)
ID:
A1194774
Report from Rebecca Norman, GIS Officer
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GIS Officer, Rebecca Norman, was in
attendance to present the ‘Northland Civil Defence Operational
Overview’ project which had won the GIS Project of the Year award at
the recent ALGIM awards.
Council complimented the achievement through a vote of
acclamation.
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Health and Safety Report (Item 4.0)
ID:
A1198631
Report from Beryl Steele, Human Resources Manager
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Moved (Yeoman/Dimery)
That the report ‘Health
and Safety Report’ by Beryl Steele, Human Resources Manager and dated 4
June 2019, be received.
Carried
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Confirmation of Minutes - 21 May 2019 and 4
June 2019 (Item 5.1)
ID:
A1198166
Report from Chris Taylor, Governance Support Manager
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Moved (Finlayson/Stolwerk)
That the minutes of the council
meeting held on 21 May 2019, and the extraordinary council meeting held on 4
June 2019 be confirmed as a true and correct record.
Carried
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Receipt of Action
Sheet (Item 5.2)
ID:
A1199892
Report from Chris Taylor, Governance Support Manager
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Moved (Dimery/Smart)
That the action sheet be
received.
Carried
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Working Party Updates
and Chairpersons' Briefings (Item 5.3)
ID:
A1197713
Report from Sally Bowron, Strategy, Governance and
Engagement Team Admin/PA
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Moved (Yeoman/Blaikie)
That the report ‘Working
Party Updates and Chairpersons' Briefings’ be received.
Carried
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Financial Report to 31 May 2019 (Item 6.1)
ID:
A1199659
Report from Vincent McColl, Financial Accountant
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Moved (Smart/Yeoman)
That the report ‘Financial
Report to 31 May 2019’ by Vincent McColl, Financial Accountant and
dated 5 June 2019, be received.
Carried
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Secretarial Note: The Independent Financial Advisor
advised of the ‘pleasing’ year-end position and extended
appreciation to council / staff for delivering a positive outcome given the
under performance of its externally managed funds for a time.
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Operating Costs
Reserve Policy (Item 6.2)
ID:
A1199369
Report from Simon Crabb, Finance Manager
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Moved (Yeoman/Smart)
1.
That the report ‘Operating Costs Reserve Policy’ by Simon
Crabb, Finance Manager and dated 5 June 2019, be received.
Carried
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It was further moved
(Finlayson/Yeoman)
2.
That the Operating Costs Reserve Policy [presented in Item 6.2 of
the 18 June 2019 council agenda] is adopted.
Carried
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It was further moved
(Yeoman/Smart)
3. That
an Operating Costs Special Reserve is established.
Carried
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Externally Managed Funds – Strategy to De-risk
Portfolio Prior to Financial Year-end (Tabled
Item 6.3)
ID:
A1202809
Report from Simon Crabb, Finance Manager
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Moved (Yeoman/Smart)
1. That
the report ‘Externally Managed Funds - Strategy to De-risk Portfolio Prior
to Financial Year-end’ by Simon Crabb, Finance Manager and dated 14
June 2019, be received.
2. That
$2,600,000 is redeemed from the fund managers recommended by EriksensGlobal,
prior to 30 June 2019, and transferred into 30-day fixed term deposits.
3. That
the Investment Subcommittee and Jonathan Eriksen are consulted, and assess
the prevailing economic conditions and funding requirements prior to deciding
whether to transfer any of the $2,600,000 back into Managed Funds.
Carried
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Secretarial Note: The Independent Financial Advisor
endorsed the recommendation as presented in Tabled Item 6.3.
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Update to Delegations (Item 7.1)
ID:
A1197578
Report from Vincent McColl, Financial Accountant and
Kyla Carlier, Corporate Planning Manager
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Moved (Yeoman/Stolwerk)
1. That
the report ‘Update to Delegations’ by Vincent McColl, Financial
Accountant and Kyla Carlier, Corporate Planning Manager and dated 29 May
2019, be received.
2. That
council approve the updated bank and cheque signatory delegations, as
outlined in Attachment 1 pertaining to Item 7.1 of
the 18 June 2019 council agenda.
3. That
council approve the updated delegation for the remission of administrative
charges, as outlined in Attachment 2 pertaining to Item
7.1 of the 18 June 2019 council agenda.[1]
Carried
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Secretarial Note: Post meeting an error was
identified in the proposed delegations being the GM Strategy, Governance and
Engagement being deleted as an authoriser for Direct Credit to Pay Creditors
and Payroll Payments.
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Project Plan for
Implementing the Water Quality Planning Requirements of the National Policy
Statement for Freshwater Management (Item 7.2)
ID:
A1198403
Report from Ben Tait, Policy Specialist
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Moved (Finlayson/Blaikie)
1. That
the report ‘Project Plan for Implementing the Water Quality Planning
Requirements of the National Policy Statement for Freshwater
Management’ by Ben Tait, Policy Specialist and dated 31 May 2019, be
received.
2. That
council approves the following timetable for preparing a plan change to give
effect to the freshwater quality planning requirements of the National Policy
Statement for Freshwater Management:
a. Define freshwater management units (May – June 2019).
b. Assess and decide on an appropriate modelling tool(s) for:
a) predicting water quality in the freshwater
management units; and
b) determining what catchment interventions (and
costs) are needed to achieve aspirational water quality objectives (June
– October 2019).
c. Provide the evidence base to underpin the plan change and
any accompanying new non-regulatory initiatives (November 2019 – March
2021).
d. Engage
with iwi and hapū throughout the process.
e. Draft
the plan change and a RMA section 32 evaluation report (July 2020 –
July 2021).
f. Notify
the Proposed Water Quality Plan Change (by 31 December 2021).
g. Engage
with key stakeholders and the wider community throughout the process.
Carried
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Secretarial Note: With the approval of the mover and
seconder (as per Standing Order 22.4) the original recommendation 2d was
amended and recommendation 2g added.
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Appoint Councillors
to Environmental Leaders' Funding Panel (Item
7.3)
ID:
A1199331
Report from Kim Wall, Events and Engagement Coordinator
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Moved (Smart/Finlayson)
1.
That the report ‘Appoint Councillors to Environmental
Leaders’ Funding Panel’ by Kim Wall, Events and Engagement
Coordinator, and dated 5 June 2019, be received.
Carried
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It was further moved
(Dimery/Smart)
2.
That council appoint Councillors Blaikie and Finlayson
to participate on the Environmental Leaders’ Funding judging panel.
Carried
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Secretarial Note:
·
With the approval of the mover and seconder (as per Standing
Order 22.4) the original motion to appoint Councilllors Blaikie and Stolwerk
was amended.
·
The Chairman advised (as per Standing Order 11.4) that one
member of the public had been permitted to record the following Item 7.4;
provided it did not disrupt the meeting.
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Alleged
Breach of Code of Conduct: Councillor Finlayson (Item 7.4)
ID:
A1201342
Report from Malcolm Nicolson, Chief Executive Officer
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Moved (Smart/Yeoman)
1.
That the report ‘Alleged Breach of Code of Conduct:
Councillor Finlayson’ by Malcolm Nicolson, Chief Executive Officer
and dated 11 June 2019, be received.
Carried
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Secretarial
Note: As per council’s Code of Conduct, before making a decision on the
investigator’s report the council gave Councillor Finlayson (the
respondent) an opportunity to speak in his defence. Councillor
Finlayson then left the meeting (at 11.39am).
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It was further moved
(Smart/Yeoman)
2.
That the council undertake a
workshop to collate advice to the incoming council and recommend that the
Code of Conduct be reviewed.
Carried
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It was further moved
(Blaikie/Stolwerk)
3.
That council dismiss the
complaint against Councillor Finlayson as it relates to the alleged breach of
health and safety legislation.
Carried
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It was further moved
(Dimery/Blaikie)
4.
That council request the
development of a policy on the use of controlled and hazardous substances as
a pest management tool for its consideration.
Carried
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Secretarial Note: With the approval of the mover
and seconder (as per Standing Order 22.4) the original motion was amended;
replacing ‘sodium fluoroacetate’ with ‘controlled and
hazardous substances’.
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It was further moved
(Blaikie/Yeoman)
5.
That council agree to workshopping
the setting of guidelines around the use of council resources and staff at
councillor-initiated events (as part of recommendations to the Code of Conduct
review).
Carried
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Secretarial Note: With the approval of the mover
and seconder (as per Standing Order 22.4) the original motion was amended;
replacing ‘rules’ with ‘guidelines’ and adding
‘as part of recommendations to the Code of Conduct Review’.
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It was further moved (Dimery/Smart)
6.
That council consider the further recommendations of the independent
investigator.
Carried
Secretarial Note: In putting the motion the
Chair called for an expression of interest by show of hands, the result
being Councillors Stolwerk, Blaikie, Yeoman and Smart in support and
Councillor Dimery against.
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It was further moved (Yeoman/Blaikie)
6a. That a letter be sent to Councillor
Finlayson reminding him of his obligations to separate out his official
duties from his personal opinion. That consideration be given to
reminding all elected members of their obligations in this respect under
sections 6.2 and 6.3 of the Code of Conduct.
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Secretarial Note: With the approval of the mover and
seconder it was agreed to address recommendation 6a in two parts as
follows:
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It was further
moved (Yeoman/Blaikie)
6a(i). That a letter be sent to Councillor Finlayson reminding
him of his obligations to separate out his official duties from his
personal opinion (as per sections 6.2 and 6.3 of the Code of
Conduct).
Lost
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It was
further moved (Yeoman/Dimery)
6a(ii). That a letter be sent to all members
reminding them of their obligations to separate out their
official duties from their personal opinion (as per sections
6.2 and 6.3 of the Code of Conduct).
Carried
Secretarial Note:
·
The independent investigator’s final
recommendation for council consideration; ‘A request for
an apology. This apology could be private and could be
made direct to the complainants if the council thought that
most appropriate. Conversely, if the council has any
concerns about its position – particularly in relation to
the drinking of water – the members may need to consider
the benefits of a public apology’ lapsed for lack of a
mover and seconder.
·
The meeting adjourned at 12.07pm and
reconvened at 12.46pm.
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Enterprise IT System
Indicative Business Case (Item 7.5)
ID:
A1199960
Report from Linda Harrison, Organisational Project
Manager
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Moved (Stolwerk/Smart)
1. That
the report ‘Enterprise IT System Indicative Business Case’ by Linda
Harrison, Organisational Project Manager and dated 6 June 2019, be received.
2. That
the Enterprise IT System Project Indicative Business Case be approved by
council and used to formally establish the Enterprise IT System Project.
3. That
the preferred option is a syndicated procurement agreement leveraging the
syndication of Waikato Regional Council systems and processes.
4. That
the Enterprise IT System Project Team continue negotiations with the
preferred supplier to develop a detailed business case to be bought back to
council in early 2020.
Carried
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Chair's Report to Council (Item 8.1)
ID:
A1197869
Report from Bill Shepherd, Chairman
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Moved (Shepherd/Stolwerk)
That the report ‘Chair's
Report to Council’ by Bill Shepherd, Chairman and dated 3 June 2019, be
received.
Carried
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Chief
Executive’s Report to Council (Item 8.2)
ID:
A1196506
Report from Malcolm Nicolson, Chief Executive Officer
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Moved (Shepherd/Stolwerk)
That the report ‘Chief
Executive’s Report to Council’ by Malcolm Nicolson, Chief
Executive Officer and dated 31 May 2019, be received.
Carried
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Northland Inc.
Limited: Reporting Against Statement of Intent - Quarter Three 2018/19 (Item 8.3)
ID:
A1199132
Report from Darryl Jones, Economist
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Moved (Stolwerk/Dimery)
That the report ‘Northland
Inc. Limited: Reporting Against Statement of Intent - Quarter Three 2018/19’
by Darryl Jones, Economist and dated 4 June 2019, be received.
Carried
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Receipt of Committee Minutes (Item 9.0)
ID:
A1199889
Report from Chris Taylor, Governance Support Manager
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Moved (Stolwerk/Dimery)
That the unconfirmed minutes of
the:
· Investment
Subcommittee – 28 May 2019
be received.
Carried
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Business with Public
Excluded (Item 10.0)
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Moved
(Shepherd/Yeoman)
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:
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Item No.
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Item Issue
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Reasons/Grounds
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10.1
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Confirmation
of Confidential Minutes - 21 May 2019
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The public
conduct of the proceedings would be likely to result in disclosure of
information, as stated in the open section of the meeting.
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10.2
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Human
Resources Report
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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).
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3.
That the Independent Financial Advisor be permitted to stay during
business with the public excluded.
Carried
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Conclusion
The meeting concluded at 1.15pm.