15 December 2020
Northland
Regional Council Minutes
Meeting held in the Council Chamber
36 Water Street, Whangārei
on Tuesday 15 December 2020,
commencing at 10.30am
Present:
Chairperson, Penny Smart
Councillors:
Justin Blaikie
Jack Craw
Amy Macdonald
Marty Robinson
Rick Stolwerk
Joce Yeoman
In Attendance:
Full Meeting
Independent Financial Advisor
Independent Audit & Risk
Advisor
Chief Executive Officer
GM - Corporate Excellence
GM - Strategy, Governance and
Engagement
GM – Regulatory Services
Finance Manager
Economic Policy Specialist
Governance Support Manager
Part Meeting
GM – Environmental Services
GM - Customer Services/Community
Resilience
Strategic Projects and Building
Facilities Manager
Biosecurity Manager
Biosecurity Manager –
Partnerships and Strategy
Management Representative
Financial Accountant
Accounting Assistant –
Treasury and Projects
Marketing and Communications
Coordinator
Economic Policy Specialist
Biosecurity
Officer – Team Support
The Chair declared the meeting open at 10.37am.
Proceedings commenced with a karakia by Councillor Stolwerk.
Apologies (Ngā
whakapahā) (Item 2.0)
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Moved (Macdonald/Blaikie)
That the apologies from
Councillor Kitchen for non-attendance be received.
Carried
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Declarations
of Conflicts of Interest (Nga whakapuakanga) (Item 3.0)
It was advised that councillors should make declarations
item-by-item as the meeting progressed.
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Confirmation of Minutes - 17 November 2020 (Item 4.1)
ID:
A1391257
Report from Chris Taylor, Governance Support Manager
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Moved
(Yeoman/Robinson)
That the minutes of the council
meeting held on 17 November 2020 be confirmed as a true and correct record.
Carried
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Receipt of Action
Sheet (Item 4.2)
ID:
A1392146
Report from Chris Taylor, Governance Support Manager
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Moved (Stolwerk/Yeoman)
That the action sheet be
received.
Carried
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Emergency Services Fund Update - Annual
Reporting, Funding Uptake and Engagement and Promotion (Item 5.1)
ID:
A1388853
Report from Tony Phipps, Group Manager - Customer
Services - Community Resilience and Natasha Stubbing, Marketing and
Engagement Manager
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Moved (Stolwerk/Craw)
1. That
the report ‘Emergency Services Fund Update - Annual Reporting, Funding
Uptake and Engagement and Promotion ’ by Tony Phipps, Group Manager -
Customer Services - Community Resilience and Natasha Stubbing, Marketing and
Engagement Manager and dated 23 November 2020, be received.
2. That
council approves the distribution of the Emergency Services Fund Reserve as
at the end of the financial year 2019/20 to the Emergency Services Fund
receiptients in direct proporation to the current allocation.
Carried
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Managed Fund Recommendations
and Marsden Maritime Dividend Proposal (Item
5.2)
ID:
A1390888
Report from Simon Crabb, Finance Manager
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Moved (Blaikie/Yeoman)
1. That
the report ‘Managed Fund Recommendations and Marsden Maritime Dividend
Proposal’ by Simon Crabb, Finance Manager and dated 27 November 2020,
be received.
2. That
the CEO is delegated authority to withdraw any excess Long Term Fund gains in
Quarter 3 of the current financial year in line with a Eriksens Global
recommendation, and place into Term deposits.
3. That
any interim Marsden Maritime Holdings (MMH) dividend received in March 2021
is held in reserve and utilised in 2021/22 to contribute towards the IGR
funding requirement, the shortfall in cruise ship revenue, and the financing
of the new Enterprise System and held in the Short Term Fund.
4. That
the Investment and Property Subcommittee terms of reference is amended to
reflect the subcommittee’s “delegated authority to approve all
transfers between the Long-Term Fund and Short Term Fund, subject to the
withdrawals being in accordance with the advice of council’s
Independent Investment Advisor and reported to the next council meeting”.
5. That
the Statement of Investment Policies and Objectives is amended to reflect
council’s intention to transition away from unethical investments over
the next five years.
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An amendment was moved (Smart/Stolwerk)
1. That
the report ‘Managed Fund Recommendations and Marsden Maritime Dividend
Proposal’ by Simon Crabb, Finance Manager and dated 27 November 2020,
be received.
2. That
the CEO is delegated authority to withdraw any excess Long Term Fund gains in
Quarter 3 of the current financial year in line with a Eriksens Global
recommendation, and place into Term deposits.
3. That
any interim Marsden Maritime Holdings (MMH) dividend received in March 2021
is held in reserve and utilised in 2021/22 to contribute towards the IGR
funding requirement, the shortfall in cruise ship revenue, and the financing
of the new Enterprise System and held in the Short Term Fund.
4. That
the Investment and Property Subcommittee terms of reference is amended to
reflect the subcommittee’s “delegated authority to approve the
withdrawal of gains from the Long-Term Fund, subject to;
a.
the withdrawals being in accordance with the advice of
council’s Independent Investment Advisor;
b.
the withdrawals being reinvested to the Short-Term Fund, and;
c.
the withdrawals and reinvestment being reported back to the
next council meeting”.
5. That
the Statement of Investment Policies and Objectives is amended to reflect
council’s intention to transition away from unethical investments over
the next five years.
The substantive motion
was carried
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Financial Report to
30 November 2020 (Item 5.3)
ID:
A1392727
Report from Vincent McColl, Financial Accountant
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Moved (Stolwerk/Macdonald)
That the report ‘Financial
Report to 30 November 2020’ by Vincent McColl, Financial Accountant and
dated 3 December 2020, be received.
Carried
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Secretarial
Note:
·
It was reported (in accordance with council’s
‘Treatment of Unbudgeted Expenditure Policy’) that $70k of
unbudgeted expenditure had been drawn from the Forestry Equalisation Reserve
to fund the Whangārei Urban Constituency by-election.
·
The Independent Financial Advisor addressed the report;
noting council’s strong financial position and endorsing the prudent
approach confirmed in Item 5.2.
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Northland Regional Pest and Marine Pathway
Management Plan - Annual Report 2019-2020
(Item 6.1)
ID:
A1388850
Report from Don McKenzie, Biosecurity Manager
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Moved (Blaikie/Craw)
1. That
the report ‘Northland Regional Pest and Marine Pathway Management Plan
- Annual Report 2019-2020’ by Don McKenzie, Biosecurity Manager and
dated 23 November 2020, be received.
2. That
council adopts the Biosecurity Annual Report as the record of actions
undertaken during the 2019-2020 year and in accordance with the objectives of
the Pest Management and Marine Pathway Management Plan 2017-2027.
3. That
the Biosecurity Manager be delegated authority to make any minor design,
editing, grammatical or accuracy amendments, prior to the Annual Report being
published.
Carried
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Secretarial Note: Appreciation was extended to
staff for ‘an outstanding report’ that would assist council in
its Long Term Plan deliberations.
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Kaipara Moana Remediation
Programme Deed of Funding (Item 6.2)
ID:
A1389214
Report from Penny Pirrit, Northland Regional Council
Management Representative and Jonathan Gibbard, Group Manager - Environmental
Services
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Moved (Yeoman/Macdonald)
1. That
the report ‘Kaipara Moana Remediation Programme Deed of Funding’
by Penny Pirrit, Northland Regional Council Management Representative and
Jonathan Gibbard, Group Manager - Environmental Services and dated 24
November 2020, be received.
2. That
the Proposed Deed of Funding ,included as Attachment One pertaining to
Item 6.2 of the 15 December 2020 council agenda, be approved by council
(subject to minor amendments).
3. That
the role of the council as the recipient/banker in the proposed Deed be
approved.
Carried
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It was further moved (Smart/Yeoman)
4. That
the Chair and the Chief Executive Officer be delegated the authority to
negotiate the final detail of the Year 1 Annual Work Plan and any minor
amendments to the proposed Deed of Funding that may arise prior to final
signing of the Deed, provided those amendments do not materially change
council’s obligations under the Deed.
Carried
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Secretarial Note: Appreciation was extended to
staff for progressing the new partnership entity and Deed of Funding which
was ‘huge for Northland and the Kaipara’.
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Policy on the
appointment of directors to council organisations
(Item 6.3)
ID:
A1391002
Report from Linda Harrison, Organisational Project
Manager
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Moved (Stolwerk/Yeoman)
1. That
the report ‘Policy on the appointment of directors to council
organisations’ by Linda Harrison, Organisational Project Manager and
dated 27 November 2020, be received.
2. That
the revised Policy on the appointment of directors to council organisations
be adopted, with the Chief Executive authorised to make any minor editorial
changes if required.
Carried
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Secretarial Note: Staff to assess whether the
Policy sufficiently addressed diversity and report back to the February 2021
council meeting.
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Te Taitokerau
Māori and Council Working Party - Nomination of New Member (Item 6.4)
ID:
A1391576
Report from Auriole Ruka, Kaiwhakahaere Hononga
Māori
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Moved (Robinson/Yeoman)
1. That
the report ‘Te Taitokerau Māori and Council Working Party -
Nomination of New Member’ by Auriole Ruka, Kaiwhakahaere Hononga
Māori and dated 1 December 2020, be received.
2. That
council confirms Te Waiāriki, Ngāti Takapari and Ngāti Korora
hapū membership and their representatives Anamaera Kake and proxy
Aorangi Kawiti as non-elected representatives on Te Taitokerau Māori and
Council Working Party.
Carried
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Health and Safety Report (Item 7.1)
ID:
A1391223
Report from Kelcie Mills, Health and Safety Advisor
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Moved (Stolwerk/Macdonald)
That the report ‘Health
and Safety Report’ by Kelcie Mills, Health and Safety Advisor and dated
30 November 2020, be received.
Carried
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Chair's Report to
Council (Item 7.2)
ID:
A1391195
Report from Penny Smart, Chair
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Moved (Smart/Yeoman)
That the report ‘Chair's
Report to Council’ by Penny Smart, Chair and dated 1 December 2020, be
received.
Carried
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Chief
Executive’s Report to Council (Item 7.3)
ID:
A1391237
Report from Malcolm Nicolson, Chief Executive Officer
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Moved (Stolwerk/Macdonald)
That the report ‘Chief
Executive’s Report to Council’ by Malcolm Nicolson, Chief
Executive Officer and dated 30 November 2020, be received.
Carried
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Secretarial Note: Staff to confirm availability
of the results from the underwater survey of the Bay of Islands.
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Reporting on Long
Term Plan 2018-2028 Performance Measures for Quarter One of the 2020/21 Year (Item 7.4)
ID:
A1385361
Report from Robyn Broadhurst, Policy Specialist
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Moved (Yeoman/Craw)
That the report ‘Reporting
on Long Term Plan 2018-2028 Performance Measures for Quarter One of the
2020/21 Year’ by Robyn Broadhurst, Policy Specialist and dated 12
November 2020, be received.
Carried
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Northland Inc.
Limited: First Quarter 2020/21 reporting against Statement of Intent
2020-2023 (Item 7.5)
ID:
A1390337
Report from Darryl Jones, Economist
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Moved (Stolwerk/Macdonald)
That the report ‘Northland
Inc. Limited: First Quarter 2020/21 reporting against Statement of Intent
2020-2023’ by Darryl Jones, Economist and dated 25 November 2020, be
received.
Carried
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Receipt of Committee Minutes (Item 8.1)
ID:
A1391289
Report from Chris Taylor, Governance Support Manager
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Moved (Yeoman/Stolwerk)
That the unconfirmed minutes of
the:
· Regional
Transport Committee – 14 October 2020;
· Civil
Defence Emergency Management Group – 18 November 2020;
· Investment
and Property Subcommittee – 25 November 2020; and
· Kaipara
Moana Remediation Joint Committee – 16 November 2020
and the confirmed minutes of
the:
· Kaipara
Moana Joint Committee – 09 October 2020; and
· Kaipara
Moana Joint Committee – 30 October 2020
be received.
Carried
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Working Party Updates
and Chairpersons' Briefing (Item 8.2)
ID:
A1388796
Report from Chris Taylor, Governance Support Manager
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Moved (Stolwerk/Yeoman)
That the report ‘Working
Party Updates and Chairpersons' Briefing’ be received.
Carried
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Secretarial Note: The Chairs of the respective
working parties provided an update on the current priorities and work programmes
for these subordinate bodies.
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Business with Public
Excluded (Item 9.0)
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Moved
(Smart/Blaikie)
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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9.1
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Confirmation
of Confidential Minutes - 17 November 2020
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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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9.2
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Receipt of
Confidential Committee Minutes
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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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9.3
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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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9.4
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Australian
Investment Review and Introduction of New Fund Managers into the Long Term
Fund
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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 prevent the
disclosure or use of official information for improper gain or improper
advantage s7(2)(j).
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9.5
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Sale of
Industrial Area Properties
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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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9.6
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Hannah
Street Whangārei Property Demolition
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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).
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9.7
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Vehicle
purchase
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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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9.8
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Oruku Landing
Conference and Event Centre - Consideration for public consultation
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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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9.9
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Appointment
of Independent Financial Advisor
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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 Advisors be permitted to stay during business
with the public excluded.
Carried
Secretarial Note: During business with
the public excluded council also approved the Eriksens Global Managing
Director to join proceedings for Item 9.4 only.
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Open Meeting
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Moved
(Smart/Stolwerk)
That the council resumes in open
meeting.
Carried
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Appointment of Independent Financial Advisor (Confidential Item 9.9)
ID:
A1392780
Report from Bruce Howse, Group Manager - Corporate
Excellence
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Moved (Smart/Yeoman)
That the following resolutions pertaining to Confidential
Item 9.9 be confirmed in open meeting:
1. That
the report ‘Appointment of Independent Financial Advisor’ by Bruce
Howse, Group Manager - Corporate Excellence and dated 4 December 2020, be
received.
2. That
Stuart Henderson be offered the role of Independent Financial Advisor.
4. That
council acknowledge and thank Mr Copstick for his service to council in his
role of Independent Financial Advisor.
Carried
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Conclusion
The meeting concluded at 12.42pm.