17 December 2019
Northland
Regional Council Minutes
Meeting held in the Council Chamber
36 Water Street, Whangārei
on Tuesday 17 December 2019,
commencing at 10.30am
Present:
Chairperson, Penny Smart
Councillors:
John Bain
Justin Blaikie
Jack Craw
Colin Kitchen
Amy Macdonald
Marty Robinson
Rick Stolwerk
In Attendance:
Full Meeting
Chief Executive Officer
GM - Regulatory Services
Governance Support Manager
Part Meeting
Independent Financial Advisor
FNDC Chief Financial Officer
GM – Environmental Services
GM – Corporate Excellence
Māori Relationships Manager
Strategic Projects Manager
Compliance Monitoring Manager
Customer Services Manager
Strategy, Policy and Planning
Manager
Communications Manager
Financial Accountant
The Chair
declared the meeting open at 10.30am. Proceedings commenced with the
council karakia delivered by Councillor Macdonald.
Public Forum
Mr Graham Milne, owner of a kiwifruit orchard, addressed the
meeting and requested that council reconsider its charging regime for water
rights.
Apologies (Ngā
whakapahā) (Item 1.0)
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Moved (Robinson/Blaikie)
That the apologies from
Councillor Yeoman for non-attendance be received.
Carried
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Declarations
of Conflicts of Interest (Nga whakapuakanga) (Item 2.0)
It was advised that councillors should make declarations
item-by-item as the meeting progressed.
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Health and Safety Report November 2019 (Item 3.0)
ID:
A1265231
Report from Andree James, Health and Safety and Human
Resources Advisor and Beryl Steele, Human Resources Manager
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Moved
(Stolwerk/Kitchen)
That the report ‘Health
and Safety Report November 2019’ by Andree James, Health and Safety and
Human Resources Advisor and Beryl Steele, Human Resources Manager and dated 2
December 2019, be received.
Carried
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Secretarial Note: A wellness report to be
included in future (confidential) Human Resources reports to council.
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Confirmation of Minutes - 6 November 2019
and 19 November 2019 (Item 4.1)
ID:
A1266770
Report from Chris Taylor, Governance Support Manager
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Moved (Blaikie/Stolwerk)
That the minutes of the
extraordinary council meeting held on 6 November 2019 and the council meeting
held on 19 November 2019 be confirmed as a true and correct record.
Carried
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Financial Report to 30 November 2019 (Item 5.1)
ID:
A1266307
Report from Vincent McColl, Financial Accountant
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Moved (Kitchen/Craw)
That the report ‘Financial
Report to 30 November 2019’ by Vincent McColl, Financial Accountant and
dated 5 December 2019, be received.
Carried
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Secretarial Note: The Independent Financial
Advisor addressed the report. It was noted that the financial situation
of council was complex and the team were continually looking to refine
reporting so that it focused on the data that was meaningful to council.
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Regional Rates Collection
- Update to 30 September 2019 (Item 5.2)
ID:
A1254276
Report from Simon Crabb, Finance Manager
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Moved (Blaikie/Stolwerk)
That the report ‘Regional
Rates Collection - Update to 30 September 2019’ by Simon Crabb, Finance
Manager and dated 29 October 2019, be received.
Carried
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Secretarial Note:
·
FNDC Chief Financial Officer, Janice Smith, was in
attendance and provided a verbal update on the work being undertaken by
FNDC’s Te Hono team to address rates arrears.
·
Further information was requested on what was being done to
address rates arrears in the Kaipara.
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Presentation of Culture Statement and
Behaviours (Item 6.1)
ID:
A1262399
Report from Kyla Carlier, Corporate Planning Manager
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Moved (Stolwerk/Macdonald)
1. That
the report ‘Presentation of Culture Statement and Behaviours’ by Kyla
Carlier, Corporate Planning Manager and dated 21 November 2019, be received.
2. That
council notes the culture statement and behaviours adopted by staff and
included as Attachment 1 (pertaining to Item 6.1 of the 17 December
2019 council meeting agenda).
3. That
a workshop be held in 2020 to discuss a culture statement for councillors.
Carried
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Triennial Agreement
2019 - 2022 (Item 6.2)
ID:
A1263095
Report from Chris Taylor, Governance Support Manager
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Moved (Blaikie/Macdonald)
1. That
the report ‘Triennial Agreement 2019 - 2022’ by Chris Taylor,
Governance Support Manager and dated 29 November 2019, be received.
2. That
the Chair be authorised to sign the Triennial Agreement on behalf of council.
Carried
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Adoption of Codes of
Conduct and Communications Protocol (Item 6.3)
ID:
A1263424
Report from Linda Harrison, Organisational Project
Manager
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Moved (Macdonald/Stolwerk)
1. That
the report ‘Adoption of Codes of Conduct and Communications
Protocol’ by Linda Harrison, Organisational Project Manager and dated
26 November 2019, be received.
2. That
the revised Northland Regional Council Codes of Conduct for elected and
non-elected members (included as Attachment 1 and 2
respectively to Item 6.3 of the 17 December 2019 council meeting agenda)
be adopted.
3. That
the Northland Regional Council Communications Protocol (included as Attachment 3
pertaining to Item 6.3 of the 17 December 2019 council meeting agenda) be
adopted.
Carried
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Proposed Regional
Plan - Resolving Appeals (Item 6.4)
ID:
A1264649
Report from Ben Lee, Strategic Policy and Planning
Manager
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Moved (Blaikie/Kitchen)
1. That
the report ‘Proposed Regional Plan - Resolving Appeals’ by Ben
Lee, Strategic Policy and Planning Manager and dated 29 November 2019, be
received.
2. That
councillors Yeoman, Kitchen, Blaikie and Macdonald be delegated the authority
to make decisions on council’s behalf for resolving appeals on the
Proposed Regional Plan for Northland that are not generally aligned with the
direction already set by council, except for decisions on appeals relating to
the inclusion of provisions for managing genetically modified organisms.
3. That
a decision made by Councillors Yeoman, Kitchen, Blaikie and Macdonald in
accordance with the delegation under Resolution (2), must be unanimous.
Carried
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2020 Meeting Calendar (Item 6.5)
ID:
A1264723
Report from Chris Taylor, Governance Support Manager
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Moved (Bain/Macdonald)
1. That
the report ‘2020 Meeting Calendar’ by Chris Taylor, Governance
Support Manager and dated 29 November 2019, be received.
2. That
the updated programme of meetings for 2020, as tabled at the 17 December 2019
council meeting, be adopted.
3. That
the meetings calendar be reviewed for effectiveness (in conjunction with the
governance structure review) in six months’ time.
Carried
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Appointment of
Trustee to the Northland Events Centre Trust
(Item 6.6)
ID:
A1266282
Report from Jonathan Gibbard, Group Manager - Strategy,
Governance and Engagement
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Moved
(Bain/Robinson)
1. That
the report ‘Appointment of Trustee to the Northland Events Centre
Trust’ by Jonathan Gibbard, Group Manager - Strategy, Governance and
Engagement and dated 5 December 2019, be received.
2. That
Mr Alistair Wells be re-appointed to the Northland Events Centre Trust as the
Northland Regional Council representative to 30 June 2020.
Carried
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Resolving NIWA's
Appeal on the Proposed Regional Plan for Northland (Item 6.7)
ID:
A1265949
Report from Ben Lee, Strategic Policy and Planning
Manager
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Moved (Blaikie/Macdonald)
1. That
the report ‘Resolving NIWA's Appeal on the Proposed Regional Plan for
Northland’ by Ben Lee, Strategic Policy and Planning Manager and dated
4 December 2019, be received.
2. That
council engage an independent planning consultant to consider NIWA’s
appeal to the Environment Court regarding the decision by Northland Regional
Council to not include a rule in the Proposed Regional Plan for Northland
permitting the discharge of sea water, aquaculture wastewater and stormwater,
and make recommendations to council, if staff consider there is merit in
council changing its decision.
Carried
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Chair's Report to Council (Item 7.1)
ID:
A1266497
Report from Penny Smart, Chair
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Moved (Smart/Craw)
That the report ‘Chair's
Report to Council’ by Penny Smart, Chair and dated 5 December 2019, be
received.
Carried
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Secretarial Note: Councillor Smart was commended
for her leadership in the new role as Chair of council.
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Chief
Executive’s Report to Council (Item 7.2)
ID:
A1264672
Report from Malcolm Nicolson, Chief Executive Officer
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Moved (Stolwerk/Craw)
That the report ‘Chief
Executive’s Report to Council’ by Malcolm Nicolson, Chief
Executive Officer and dated 30 November 2019, be received.
Carried
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Secretarial Note: The original Compliance
Monitoring and Enforcement Report prepared by Dr Marie Brown (December 2018)
to be circulated to councillors.
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Reporting on Long
Term Plan 2018-2028 Performance Measures for Quarter One of the 2019/20 Year (Item 7.3)
ID:
A1264337
Report from Kyla Carlier, Corporate Planning Manager
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Moved (Stolwerk/Bain)
That the report ‘Reporting
on Long Term Plan 2018-2028 Performance Measures for Quarter One of the
2019/20 Year’ by Kyla Carlier, Corporate Planning Manager and dated 28 November
2019, be received.
Carried
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Northland Inc.
Limited: First Quarter 2019/20 Reporting Against Statement of Intent
2019-2022 (Item 7.4)
ID:
A1264526
Report from Darryl Jones, Economist
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Moved (Bain/Kitchen)
That the report ‘Northland
Inc. Limited: First Quarter 2019/20 Reporting Against Statement of Intent
2019-2022’ by Darryl Jones, Economist and dated 28 November 2019, be
received.
Carried
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Business with Public
Excluded (Item 8.0)
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Moved (Smart/Stolwerk)
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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8.1
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Confirmation
of Confidential Minutes - 6 November 2019 and 19 November 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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8.2
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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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8.3
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Sale of Kaitāia
Property
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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 enable council to
carry out, without prejudice or disadvantage, commercial activities
s7(2)(h) and the withholding of which is necessary to enable council to
carry on, without prejudice or disadvantage, negotiations (including
commercial and industrial negotiations) s7(2)(i).
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8.4
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Heads of
Agreement with the National Institute of Water and Atmospheric Research
Limited
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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 information
where the making available of the information would disclose a trade secret
s7(2)(b)(i), the withholding of which is necessary to protect information
where the making available of the information would be likely unreasonably
to prejudice the commercial position of the person who supplied or who is
the subject of the information s7(2)(b)(ii) and the withholding of which is
necessary to enable council to carry out, without prejudice or
disadvantage, commercial activities s7(2)(h).
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8.5
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Property
Purchase for Kaitāia Flood Scheme Upgrade
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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 information
where the making available of the information would be likely unreasonably
to prejudice the commercial position of the person who supplied or who is
the subject of the information s7(2)(b)(ii) and the withholding of which is
necessary to enable council to carry out, without prejudice or
disadvantage, commercial activities s7(2)(h).
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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 12.30pm.