Extraordinary Council Meeting

Tuesday 9 March 2021 at 10.00am

 

 

AGENDA

 


Extraordinary Council Meeting

9 March 2021

Northland Regional Extraordinary Council Meeting Agenda

 

Meeting to be held in the Council Chamber

36 Water Street, Whangārei

on Tuesday 9 March 2021, commencing at 10.00am

 

Recommendations contained in the council agenda are NOT council decisions. Please refer to council minutes for resolutions.

 

Item                                                                                                                                                                                   Page

1.0       Housekeeping

Key Health and Safety points to note:

·         If the fire alarm goes off – exit down the stairwell to the assembly point which is the visitor carpark.

·         Earthquakes – duck, cover and hold.

·         Visitors please make sure you have signed in at reception, and that you sign out when you leave. Please wear your name sticker.

·         The toilets are on the opposite side of the stairwell.

·         In the event of an emergency do not use the lift.

·         Please remember to scan the COVID Tracer QR code.

1.0A    karakia

2.0       apologies (ngĀ whakapahĀ) 

             Councillor Stolwerk

3.0       DECLARATIONS OF CONFLICTS OF INTEREST (NGA WHAKAPUAKANGA)

4.0       Decision Making Matters

4.1       Adoption of the draft Rating Policies (including the Policy on the Remission and Postponement of Rates on Māori Freehold Land) for consultation                                                                             3

4.2       Rating considerations under Section 100T of the Biosecurity Act for the purpose of consultation, in conjunction with Long Term Plan 2021-2031                                                                                 74

4.3       Adoption of the draft Revenue and Financing Policy, draft Financial Contributions Policy and draft Significance and Engagement Policy and approval to consult.                                                 79

4.4       Adoption of the Draft User Fees and Charges 2021/22 and approval to consult              92

4.5       Adoption of the Long Term Plan 2021-2031 Supporting Information document and Consultation Document, and approval to consult                                                                                                 163    

   


Extraordinary Council Meeting                                                                                                                                  item: 4.1

9 March 2021

 

TITLE:

Adoption of the draft Rating Policies (including the Policy on the Remission and Postponement of Rates on Māori Freehold Land) for consultation

ID:

A1416982

From:

Kyla Carlier, Acting Strategy Policy and Planning Manager

Authorised by Group Manager:

Ben Lee, GM - Strategy, Governance and Engagement, on 3 March 2021

 

Executive summary/Whakarāpopototanga

This report seeks council approval and adoption of the draft Rating Policies, including the Policy on the Remission and Postponement of Rates on Māori Freehold Land, and approval for these to be released for consultation under section 83 of the Local Government Act 2002.

The rating policies will be consulted on concurrently with the consultation process of the Long Term Plan 2021-2031

 

Recommendations

1.         That the report ‘Adoption of the draft Rating Policies (including the Policy on the Remission and Postponement of Rates on Māori Freehold Land) for consultation’ by Kyla Carlier, Acting Strategy Policy and Planning Manager and dated 25 February 2021, be received.

2.         That council resolves to consult on the draft Rating Policies (including the Policy on the Remission and Postponement of Rates on Māori Freehold Land), (attached under separate cover), in accordance with section 83 of the Local Government Act 2002, and that this be carried out in conjunction with consultation on the Long Term Plan 2018-2028.

3.         That council adopts the Statement of Proposal on the draft Rating Policies, including Rates Remission and Postponement Policies, and the Policy on the Remission and Postponement of Rates on Māori Freehold Land (attached under separate cover) for consultation.

4.         That council delegates to the Chief Executive Officer the authority to make any changes to the Statement of Proposal for the consultation of the draft Rating Policies (including Rates Remission and Postponement Policies, and the Policy on the Remission and Postponement of Rates on Māori Freehold Land) that may improve readability and compliance with the Local Government Act.

 

 

 

 

Options

Consultation on council’s rating policies is required under sections 102(2)(e), 102(3)(a), and 102(3)(b) of the LGA, using the principles of consultation under section 82 of the LGA, and under sections 55 and 56 of the Rating Act which require consultation under section 83 of the LGA, the special consultative procedure.  Section 83 of the LGA is being used for these policies to provide the appropriate and most prudent process for adoption of policies authorised under the Rating Act.

 

A key requirement of section 83 of the LGA is that material be prepared and made publicly available, including a summary of the proposal, a draft of the policies, and details of the proposed changes.

 

Options are set out below.

 

No.

Option

Advantages

Disadvantages

1

Adopt the draft Rating Policies and Statement of Proposal for consultation

Council can adopt rating policies having followed the correct legislative procedure.

Resources will need to be allocated to the consultation process.

2

Do not adopt the draft Rating Policies and Statement of Proposal for consultation

Resources will not need to be allocated to the consultation process.

Council will not be compliant with legislation.

 

The staff’s recommended option is option 1, to adopt the draft Rating Policies and Statement of Proposal for consultation.

 

Considerations

1.         Environmental Impact

There is no environmental impact associated with this proposal.

2.         Community views

The decisions contained within this report will enable consultation, which will provide council with feedback on community views.

Further consideration of community views will be addressed through the deliberations process and subsequent council decision to adopt the final Rating Policies.

3.         Māori impact statement

The decisions contained within this report will enable consultation, which will provide council with feedback on potential impacts on Māori.  

Further consideration of impacts on Māori will be addressed through the deliberations process and subsequent council decision to adopt the final Rating Policies.

4.         Financial implications

Any financial impacts are addressed in the attached documentation. 

Further consideration of financial impacts will be addressed through the deliberations process and subsequent council decision to adopt the final Rating Policies.

5.         Implementation issues

Any implementation issues are addressed in the attached documentation. 

Further consideration of implementation issues will be addressed through the deliberations process and subsequent council decision to adopt the final Rating Policies.

 

6.         Significance and engagement

Section 76AA of the LGA directs that council must adopt a policy setting out how significance will be determined, and the level of engagement that will be triggered.  This policy assists council in determining how to achieve compliance with LGA requirements in relation to decisions.

This decision in itself is considered to be of low significance when assessed against council’s current Significance and Engagement Policy, because it is for the purpose of achieving compliance with sections 83 and 102 of the LGA and sections 55 and 56 of the Rating Act, and does not, in itself, impact the community other than to provide them with information.

The decision to adopt the draft Rating Policies and Statement of Proposal, while not significant in itself, will enable council in the future to make decisions on the policies while having full regard to community views.  This will assist council in achieving compliance with procedures in relation to decisions as set out in Part 6 of the LGA.

7.         Policy, risk management and legislative compliance

The decision to adopt the draft Rating Policies and Statement of Proposal for consultation will achieve compliance with section 102 of the Local Government Act 2002 and sections 55 and 56 of the Local Government (Rating) Act 2002.  This decision will also achieve compliance with council’s current Significance and Engagement Policy, in particular ‘We will consult when we are required to by law, when a proposal is considered significant, and when we need more information on options for responding to an issue’.

Background:

Section 102 of the Local Government Act 2002 (LGA) requires local authorities to adopt a policy on the remission and postponement of rates on Māori freehold land, and provides for council to adopt rates remission and postponement policies.  Sections 108 and 109 of the LGA require the policies to be reviewed at least once every six years.

Sections 55 and 56 of the Local Government (Rating) Act 2002 (the Rating Act) provides for council to adopt a policy for the early payment of rates in the current financial year, and a policy for the payment of rates for a subsequent financial year.

The Far North, Whangārei, and Kaipara District Councils administer the collection of rates on council's behalf.  In order to minimise the marginal cost of collection, and to be administratively efficient, council adopts the same policies on the remission, postponement and early payment of rates as those of the three district councils.

Council does not adopt the policies, or parts of policies, that do not relate to rates collected on our behalf (for example, a policy, or part of a policy, related solely to water rates).

Since adopting these policies as part of the 2018-2028 Long Term Plan, changes have been made to the policies for the purposes of clarification, readability and removal of duplication.  No new policies have been added.

Details of the changes are contained in the Statement of Proposal on the draft Rating Policies (including the Policy on the Remission and Postponement of Rates of Māori Freehold Land), attached under separate cover to this agenda.

Consultation on council’s rating policies is required under the LGA and the Rating Act.   Consulting on these policies concurrently with the Long Term Plan 2021-2031 process provides a more complete picture for members of the community who wish to engage in the process and is administratively efficient for council.  Reference is made to these policies in the Long Term Plan 2021-2031 Consultation Document.

 

Attachments/Ngā tapirihanga

Attachment 1: Statement of proposal - rates remission and postponement policies   


Extraordinary Council Meeting  ITEM: 4.1

9 March 2021Attachment 1

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Extraordinary Council Meeting                                                                                                                                  item: 4.2

9 March 2021

 

TITLE:

Rating considerations under Section 100T of the Biosecurity Act for the purpose of consultation, in conjunction with Long Term Plan 2021-2031

ID:

A1416724

From:

Kyla Carlier, Acting Strategy Policy and Planning Manager and Don McKenzie, Biosecurity Manager

Authorised by Group Manager:

Jonathan Gibbard, Group Manager - Environmental Services, on 3 March 2021

 

Executive summary/Whakarāpopototanga

This agenda item is to confirm council has given due regard to section 100T of the Biosecurity Act when consulting on rates for biosecurity activities which relate to the Northland Regional Pest and Marine Pathway Management Plan 2017-2027.

 

Recommendations

1.         That the report ‘Rating considerations under Section 100T of the Biosecurity Act for the purpose of consultation, in conjunction with Long Term Plan 2021-2031’ by Kyla Carlier, Acting Strategy Policy and Planning Manager and Don McKenzie, Biosecurity Manager and dated 24 February 2021, be received.

2.         That council notes the requirements of section 100T of the Biosecurity Act 1993, and approves the draft analysis set out in this item for the purpose of consulting on the Pest Management Rate, as set out in the Funding Impact Statement of the Long Term Plan 2021-2031 Supporting Information document.

 

Options

Section 100T of the Biosecurity Act 1993 requires that council decide the extent to which it should fund the implementation of its Regional Pest Management and Pathway Management Plan from a general rate, a targeted rate, or a combination of both, and must do this having regard to the factors outlined in this report.

Two options are set out below:

No.

Option

Advantages

Disadvantages

1

Adopt the analysis of section 100T of the Biosecurity Act 1993, prior to setting rates to fund the biosecurity activity

Council will be taking a legally prudent approach to the consideration of section 100T of the Biosecurity Act 1993.

None

2

Do not adopt the analysis of section 100T of the Biosecurity Act 1993, prior to setting rates to fund the biosecurity activity

None

Council will have a less robust approach to meeting requirements of section 100T of the Biosecurity Act.

 

 

Staff recommend option 1; to adopt the analysis of Section 100T of the Biosecurity Act 1993.

Considerations

1.         Environmental Impact

The decision to consider the requirements of S100T of the Biosecurity Act does not have and environmental impact in itself.

2.         Community views

This item relates to matters that will be the subject of public consultation as part of the Long Term Plan process.

3.         Māori impact statement

This item relates to matters that will be the subject of iwi consultation.

4.         Financial implications

The financial implications of setting rates referred to in this report are addressed in the supporting information to the Long Term Plan 2021-2031.

5.         Implementation issues

It is not anticipated that there will be any implementation issues.

 

6.         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.

This does not mean that this matter is not of significance to tangata whenua and/or individual communities, but that council is able to make decisions relating to this matter without undertaking further consultation or engagement.

7.         Policy, risk management and legislative compliance

Consideration of the factors outlined in this report will achieve compliance with section 100T of the Biosecurity Act 1993.

Background/Tuhinga

Section 100T of the Biosecurity Act 1993 requires that council must decide the extent to which it should fund the implementation of biosecurity activities from a general rate, a targeted rate, or a combination of both.  Biosecurity activities are described by way of the Northland Regional Pest and Marine Pathway Management Plan 2017-2027.

Staff have set out below an analysis of funding of the proposed Pest Management Rate which specifically addresses each of the considerations required by section 100T of the Biosecurity Act 1993, for council to note in approving consultation material for the Long Term Plan 2021-2031.

 

Analysis under S100T of the Biosecurity Act

Council carries out its pest management activities in accordance with its proposed Northland Regional Pest and Marine Pathway Management Plan 2017-2027. Section 100T of the Biosecurity Act requires that a regional council must decide the extent to which it funds the implementation of its regional pest and/or pathway management plan from a general rate, targeted rate, or a combination of both. The factors that council must have regard to in making this decision, and council's analysis in relation to considering the pest management rate, are set out here.

 

100T (2)(a) The extent to which the plan relates to the interests of occupiers of the properties on which the rate would be levied:

The pest management rate provides a single, clear, region-wide targeted rate for land, freshwater biosecurity activities and marine pest control activities and for raising funds for pest control throughout Northland, and it is council’s conclusion that it is in the interests of everyone in Northland as all occupiers will receive some benefit from the plan either directly or indirectly.

It is proposed that a targeted pest management rate be collected from all properties within Northland to fund land, freshwater and marine pest control activities. In total, $6.6 million for 2021/22 would be collected (GST inclusive).

The regional pest management region-wide targeted rate applies to all property owners. In regard to marine pest activities, the costs will be split in the proportions of 65% to vessel owners and structures by way of a charge on marina berths, boatsheds, commercial ports and mooring owners, and 35% funded from a combination of pest management rate, council investments and other council revenue. This is expected to raise $986K to fund all marine pest activities in the Proposed Northland Regional Pest and Marine Pathway Management Plan 2017–2027.

 

100T (2)(b) The extent to which the occupiers of the properties on which the rate would be levied will obtain direct or indirect benefits from the implementation of the plan:

Northland ratepayers receive both direct and indirect benefits from the implementation of the Northland Regional Pest and Marine Pathway Management Plan 2017–2027, including protection of native forests and wetland ecosystems found on private land, and supporting communities who are involved in the restoration of iconic fauna such as kiwi, coastal seabirds and kūkupa. 

Regarding marine pest activities, the charges will provide protection of the Northland marine environment both now and into the future from the damaging impacts of marine pests on: 

• recreational and commercial fishing

• marine tourism, and

• indigenous marine biodiversity.

Regarding the Marine Pathway Plan, vessel owners will directly benefit from having cleaner hulls and a reduced risk of marine pest colonisation. Owners of aquaculture farms will also benefit from the reduced spread of biofouling and marine pests.

The extent to which the benefits are direct rather than indirect depends on how ratepayers use and appreciate the marine environment. Direct benefits may accrue to vessel owners, owners of marine structures because of less biofouling, and those who harvest kai moana.

The extent to which the benefits can be judged as direct rather than indirect depends on how ratepayers use and appreciate the environmental values that pests can affect. Direct benefits may accrue to landowners because of fewer pest plants, protection from kauri dieback disease, prevention of pest arrivals that are new to the region, reductions in marine or animal pests such as possums, stoats and rats, and increases in native biodiversity including growing kiwi populations.

 

100T (2)(c) The collective benefits of implementing the plan to the occupiers of the properties on which the rate would be levied compared with the collective costs to them of the rate:

It is considered that the collective benefits of a pest management rate outweigh the costs, and the differentiated targeted rate ensures benefits accrue across all ratepayers.

For terrestrial, freshwater, disease and marine pests, only those that have met the requirements for a positive cost-benefit analysis have been included in the Northland Regional Pest and Marine Pathway Management Plan 2017–2027. New pests not yet found in the region were also considered as part of the cost-benefit analysis, as they often require an urgent response to prevent their spread. Consequently the rate will be applied to new incursions where it is relevant to do so.

In regard to the Marine Pathway Plan, the cost-benefit analysis shows that there is a high net positive benefit of implementing this plan.  In regard to other pests in the Northland Regional Pest and Marine Pathway Management Plan 2017-2019 species have been selected on the basis that they have all passed a cost benefit evaluation.

 

100T (2)(d) for the Regional Pest Management Plan, the extent to which the characteristics of the properties on which the rate would be levied and the uses to which they are put contribute to the presence or prevalence of the pest/pests covered by it:

Pests can travel across property boundaries and have an impact regardless of how properties are managed, and many pests have the capability to spread rapidly. The characteristics of properties that influence their establishment and spread are highly complex and variable and depend on biotic and abiotic factors such as access to food, suitable climate and ability to overcome predation and competition. A region-wide targeted rate enables a consistent approach across the whole region, while recognising the presence of individual pests may vary depending on the property characteristics. Therefore, this approach is considered appropriate and fit for purpose.

The characteristics of properties is not a relevant consideration in respect of marine pest activities, as this activity focuses on reducing the spread of biofouling of vessel hulls.  

 

100T (2)(e) for the Marine Pathway Management Plan, the extent to which the characteristics of the properties on which the rate would be levied and the uses to which they are put contribute to the actual or potential risks associated with the pathway:

The characteristics of properties is not a relevant consideration in respect of the Marine Pathway Management Plan, which focuses on reducing the spread of biofouling of vessel hulls –so the characteristics of the properties themselves provide no contribution to the actual or potential risks.

Biofouling on vessels pose the greatest risk of marine pest transfer, and council has determined that the costs will be split in the proportions of 65% to vessel owners and structures by way of a charge on marina berths, boat sheds, commercial ports and mooring owners, with the remaining 35% to be funded from a combination of the pest management rate, council investments and other council revenue.

 

 

Attachments/Ngā tapirihanga

Nil


Extraordinary Council Meeting                                                                                                                                  item: 4.3

9 March 2021

 

TITLE:

Adoption of the draft Revenue and Financing Policy, draft Financial Contributions Policy and draft Significance and Engagement Policy and approval to consult.

ID:

A1416726

From:

Kyla Carlier, Acting Strategy Policy and Planning Manager

Authorised by Group Manager:

Ben Lee, GM - Strategy, Governance and Engagement, on 3 March 2021

 

Executive summary/Whakarāpopototanga

This report seeks council approval and adoption of draft policies included in the supporting information to the Long Term Plan 2021-2031 process, and approval for these to be released for consultation purposes.  Approval and adoption is sought for the draft policies and statements of proposal for policies included in the Supporting Information document.

 

The supporting information and draft policies are relied upon by the Consultation Document for the development of the Long Term Plan 2021-2031.

 

Recommendations

1.         That the report ‘Adoption of the draft Revenue and Financing Policy, draft Financial Contributions Policy and draft Significance and Engagement Policy and approval to consult.’ by Kyla Carlier, Acting Strategy Policy and Planning Manager and dated 24 February 2021, be received.

2.         That council resolves to consult on the following policies in accordance with section 82 of the Local Government Act and that this consultation be carried out in conjunction with the Long Term Plan 2021-2031 process of consultation:

a.         The draft Revenue and Financing Policy (pages 187 - 197 of the Long Term Plan Supporting Information Document, attached under separate cover);

b.        The draft Financial Contributions Policy (page 198 of the Long Term Plan Supporting Information Document, attached under separate cover); and

c.         The draft Significance and Engagement Policy (pages 202 – 205 of the Long Term Plan Supporting Information Document, attached under separate cover).

3.         That council adopts the statements of proposal for:

a.         The draft Revenue and Financing Policy (set out in Attachment 1);

b.        The draft Financial Contributions Policy (set out in Attachment 2); and

c.         The draft Significance and Engagement policy (set out in Attachment 3).

4.         That council delegates to the Chief Executive Officer the authority to make any necessary minor formatting, typographical and administrative changes to the statements of proposal and policies prior to formal public consultation.

5.         That council delegates to the Chief Executive Officer the authority to make any changes to statements of proposal and policies that may improve readability and compliance with the Local Government Act.

 

Options

 

No.

Option

Advantages

Disadvantages

1

Adopt and approve for consultation the draft Revenue and Financing Policy, draft Financial Contributions Policy and the draft Significance and Engagement Policy, and the associated statements of proposal.

Council is following the required legislative procedure for adopting and amending policies.

Resources will need to be allocated to the consultation process.

2

Do not adopt and approve for consultation the draft Revenue and Financing Policy, draft Financial Contributions Policy and the draft Significance and Engagement Policy, and the associated statements of proposal.

Resources will not need to be allocated to the consultation process.

Council is not compliant with required legislative procedure for adopting and amending policies.

 

The staff’s recommended option is option 1, to approve and adopt the draft Revenue and Financing Policy, draft Financial Contributions Policy and the draft Significance and Engagement Policy, and the associated statements of proposal, for consultation.

Considerations

1.         Environmental Impact

No environmental impact.

2.         Community views

The decisions contained within this report will enable further consultation on the policies, which will provide council with feedback on community views.  Further consideration of community views will be addressed through the deliberations process and subsequent council decision to adopt the final policies.

3.         Māori impact statement

The decisions contained within this report will enable further consultation on the policies, which will provide council with feedback on potential impacts on Māori.  Further consideration of impacts on Māori will be addressed through the deliberations process and subsequent council decision to adopt the final policies.

4.         Financial implications

Any financial impacts are addressed in attached documentation.  Further consideration of financial impacts will be addressed through the deliberations process and subsequent council decision to adopt the final policies.

5.         Implementation issues

Any implementation issues are addressed in attached documentation.  Further consideration of implementation issues will be addressed through the deliberations process and subsequent council decision to adopt the final policies.

 

6.         Significance and engagement

Section 76AA of the LGA directs that council must adopt a policy setting out how significance will be determined, and the level of engagement that will be triggered.  Council’s current policy was adopted in 2018 and assists council in determining how to achieve compliance with LGA requirements in relation to decisions.  The items addressed in this agenda item are assessed against council’s current policy.

The decisions addressed in this agenda item are in themselves considered to be of low significance when assessed against council’s current Significance and Engagement Policy, because they are for the purpose of achieving compliance with sections 82 of the LGA and do not, in themselves, impact the community other than to provide them with information.

7.         Policy, risk management and legislative compliance

The decision to adopt the draft Revenue and Financing Policy, draft Financial Contributions Policy and the draft Significance and Engagement Policy, and the associated statements of proposal for consultation will achieve compliance with sections 76AA, 82, and 102 of the Local Government Act 2002. 

This decision will also achieve compliance with council’s current Significance and Engagement Policy, in particular ‘We will consult when we are required to by law, when a proposal is considered significant, and when we need more information on options for responding to an issue’.

 

Background/Tuhinga

The following three draft policies, included in the Supporting Information document to the Long Term Plan 2021-2031 Consultation Document, need to be consulted on in accordance with section 82 of the LGA:

·        the draft Revenue and Financing Policy;

·        the draft Financial Contributions Policy; and

·        the draft Significance and Engagement Policy.

 

These policies have been reviewed and updated, and it is necessary to formally adopt these as new policies.

Before being able to adopt the policies, council is required to consult on them.  Sections 102 and 76AA of the LGA requires that consultation on these policies give effect to the requirements in sections 82 and 82A (the principles of consultation).

Sections 82 and 82A of the LGA require consultation to be consistent with the principles set out in section 82(1) and that consultation materials must include:

·        A statement of the proposal and reasons for the proposal;

·        Analysis of the reasonably practicable options, including the proposal; and

·        A draft of the proposed policies, or details of the proposed changes to the policies.

Statements of proposal on these policies are included as Appendices 1, 2, and 3 respectively.  The statements of proposal comply with the requirements for consultation materials in section 82A of the LGA.

After consideration of the factors in section 82(4) of the LGA, it is recommended that council carry out consultation concurrently with the consultation process for the Long Term Plan 2021-2031.  This timing will ensure the council is able to adopt the draft policies prior to its adoption of the LTP.

Consideration of any submissions responding to these statements of proposal should be addressed at the same deliberations held on the LTP 2021-2031.

 

Draft Revenue and Financing Policy

The Revenue and Financing Policy is required as part of the final LTP (Schedule 10, clause 10 of the LGA).  The draft Revenue and Financing Policy is based on the current policy that was adopted as part of the LTP 2018-2028.  As part of that 2018 process the policy underwent a thorough review that resulted in a much smaller document than previous years.  

The policy was reviewed again as part of this long term plan process, to ensure it is up to date and accurate.

 As a result of the review the structure was changed to align with the newly structured groups of activities: natural environment, community resilience and regional leadership.  The monitoring sub-activities were also separated out to more accurately show the majority funding source for compliance monitoring (fee/subsidy), environmental monitoring (rates/general funds), and waste management and contaminated sites (rates/general funds).

Further details of the proposal are contained in the statement of proposal on the draft Revenue and Financing Policy, set out in Appendix 1.

 

Draft Financial Contributions Policy

Section 102 of the LGA requires council to adopt a policy on financial contributions.  A policy was adopted as part of the Long Term Plan 2018-2028, which has been reviewed as part of this long term plan process.

Council has recently adopted a new Regional Plan for Northland, and this no longer provides for financial contributions as a condition of resource consent.  As a result much of the previous policy wording was redundant and the draft financial contributions policy has been re-written to describe council’s approach to development and financial contributions.

Further details of the proposal are contained in the Statement of Proposal on the draft Financial Contributions Policy, set out in Appendix 2.

 

Significance and Engagement Policy

Council is required under section 76AA of the LGA to adopt a Significance and Engagement Policy, and last did so as part of the Long Term Plan 2018-2028 process. 

The policy was reviewed and found to be largely fit-for-purpose, so minor updates were made to refresh and simplify the policy.  It has also been updated to reference council's proposed new regional projects reserve as being exempt from the 'high operational or capital expenditure' threshold in a determination of ‘likely to be significant’.

Further details of the proposal are contained in the Statement of Proposal on the draft Significance and Engagement Policy, set out in Appendix 3.

 

 

Attachments/Ngā tapirihanga

Attachment 1: Statement of proposal - revenue and fianancing policy

Attachment 2: Statement of proposal - financial contributions policy

Attachment 3: Statement of proposal - significance and engagement policy   


Extraordinary Council Meeting  ITEM: 4.3

9 March 2021Attachment 1

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Extraordinary Council Meeting  ITEM: 4.3

9 March 2021Attachment 2

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Extraordinary Council Meeting  ITEM: 4.3

9 March 2021Attachment 3

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Extraordinary Council Meeting                                                                                                                                  item: 4.4

9 March 2021

 

TITLE:

Adoption of the Draft User Fees and Charges 2021/22 and approval to consult

ID:

A1415927

From:

Robyn Broadhurst, Policy Specialist and Kyla Carlier, Acting Strategy Policy and Planning Manager

Authorised by Group Manager:

Ben Lee, GM - Strategy, Governance and Engagement, on 3 March 2021

 

Executive summary/Whakarāpopototanga

The purpose of this report is to present the Draft User Fees and Charges 2021/22 for adoption, and approval to commence consultation using the special consultative procedure set out in section 83 of the Local Government Act 2002 (LGA).

 

Recommendations

1.         That the report ‘Adoption of the Draft User Fees and Charges 2021/22 and approval to consult’ by Robyn Broadhurst, Policy Specialist and Kyla Carlier, Acting Strategy Policy and Planning Manager and dated 24 February 2021, be received.

2.         That council adopts the Statement of Proposal and the Draft User Fees and Charges 2021/22 (Attachment 1 pertaining to Item 4.4 of the 9 March 2021 council agenda) for the purposes of consultation, pursuant to section 150 of the LGA, and that this be carried out in conjunction with consultation on the Long Term Plan 2021-31.

3.         That council delegates to the Acting Group Manager – Corporate Excellence the authority to make any necessary minor formatting, typographical and administrative changes to the Statement of Proposal and Draft User Fees and Charges 2021/22 prior to formal public consultation.

 

 

Options

Consultation on the charges set out in the Draft User Fees and Charges 2021/22 is required under section 150 of the LGA, and the special consultative procedure under section 83 of the LGA is being used to provide the appropriate and most prudent process for adoption of charges authorised under the RMA. Key requirements of consultation include preparation of material setting out the proposal, preparation of a draft schedule, detailing proposed changes, and making this material publicly available.

 

 

No.

Option

Advantages

Disadvantages

1

Adopt the Draft User Fees and Charges 2021/22 and associated Statement of Proposal for consultation

Fees and charges can be legally consulted on and decisions made on updates for the 2021/22 financial year

Resources will need to be allocated to the consultation process

2

Do not adopt the Draft User Fees and Charges 2021/22 and associated Statement of Proposal for consultation

Resources will not need to be allocated to the consultation process

Fees and charges will not be able to be legally consulted on, nor decisions made on updates for the 2021/22 financial year, resulting in under recovery of costs and inaccurate or outdated charges

 

The staff recommend option 1, to adopt the Draft User Fees and Charges 2021/22 and associated Statement of Proposal for consultation concurrently with the consultation process of the Long Term Plan 2021-2031.

Considerations

1.         Significance and engagement

Section 76AA of the LGA directs that council must adopt a policy setting out how significance will be determined, and the level of engagement that will be triggered. This policy assists council in determining how to achieve compliance with LGA requirements in relation to decisions.

This decision itself is of low significance when assessed against council’s Significance and Engagement Policy because it is for the purpose of achieving compliance with sections 83 and 150 of the LGA and does not, in itself, impact the community other than to provide them with information and the opportunity to provide input.

The decision to adopt the Draft User Fees and Charges 2021/22 for consultation, while not significant in itself, will enable council in the future to make decisions on charges while having full regard to community views in relation to the proposals set out in the schedule. This will assist council in achieving compliance with procedures in relation to decisions as set out in Part 6 of the LGA.

2.         Policy, risk management and legislative compliance

The decision to adopt the Draft User Fees and Charges 2021/22 and associated Statement of Proposal will achieve compliance with sections 83 and 150 of the LGA. This decision will also achieve compliance with council’s Significance and Engagement Policy, in particular ‘We will consult when we are required to by law, when a proposal is considered significant, and when we need more information on options for responding to an issue’.

Further considerations

The decisions contained within this report will enable consultation, which will provide council with feedback on community views and potential impacts on Māori. Any financial impacts or implementation issues are addressed in the attached documentation.

Further consideration of community views, impacts on Māori, financial impacts and implementation issues will be addressed through the deliberations process and subsequent council decision to adopt the final schedule of User Fees and Charges 2021/22.

Background/Tuhinga

Council maintains a schedule of fees and charges in its user fees and charges document and this is reviewed and updated annually. The user fees and charges schedule sets out charges fixed and/or authorised under various enactments including: Resource Management Act 1991 (RMA); Local Government and Official Information and Meetings Act 1987; Local Government Act 2002 (LGA); Building Act 2004; the Biosecurity Act 1993; the Maritime Transport Amendment Act 2013. 

Section 150 of the LGA sets out the process by which a local authority may prescribe fees and charges in respect of any matter provided for either under a bylaw, or under any other piece of legislation if that legislation does not specifically authorise the local authority to charge a fee. If not part of a bylaw, fees and charges prescribed under section 150 of the LGA must be prescribed following consultation using the principles of consultation (section 82 of the LGA).

In terms of fees and charges authorised by the RMA, a local authority can fix a charge only in the manner set out in section 150 of the LGA, and after using the special consultative procedure set out in section 83 of the LGA.

Inflationary increases for the coming years were approved during the process of developing the (previous) Long Term Plan 2018–2028. The last review of the user fees and charges schedule was carried out during the process of developing the Annual Plan 2020/21. At this time, RMA fees were set within the user fees and charges schedule and approved inflation increases applied.

To ensure that the appropriate process is followed for the setting of charges under the RMA, the special consultative procedure is being used for the development of this Draft User Fees and Charges 2021/22.

The Maritime Transport Amendment Act 2013 authorises a local authority to prescribe fees and charges for maritime related activities, however it does not set out the process by which this should be done. Council is therefore referred to the decision-making requirements set out in Part 6 of the LGA and is undertaking a consultation process so that the council can be informed of community views.

Changes proposed

Council undertakes an annual review of fees and charges as part of the relevant annual or long term planning process. This ensures that the fees and charges are updated using, at minimum, the principles of consultation (section 82 of the LGA).

The Draft User Fees and Charges 2021/22 is largely similar to the current User Fees and Charges 2020/21, with minor amendments and updates to fees, charges, and policy proposed. These include an additional category for staff charge rates, an updated charging structure for annual charges for coastal structures, increasing pilotage and shipping navigation and safety services fees, clarification and simplification of wording, and minor updates to policy and charges.

One new charge is proposed, which increases the annual navigation safety bylaw fee for Moorings and Marina Berths.

Attachments/Ngā tapirihanga

Attachment 1: Draft User Fees and Charges 2021/22 for consultation   


Extraordinary Council Meeting  ITEM: 4.4

9 March 2021Attachment 1

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Extraordinary Council Meeting                                                                                                                                  item: 4.5

9 March 2021

 

TITLE:

Adoption of the Long Term Plan 2021-2031 Supporting Information document and Consultation Document, and approval to consult

ID:

A1416716

From:

Kyla Carlier, Acting Strategy Policy and Planning Manager

Authorised by Group Manager:

Ben Lee, GM - Strategy, Governance and Engagement, on 3 March 2021

 

Executive summary/Whakarāpopototanga

The purpose of this report is to present the Supporting Information document and Consultation Document for the Long Term Plan 2021-2031.  The report seeks the adoption of these documents and approval to commence consultation, via the special consultative procedure (Section 83 of the Local Government Act).

 

Recommendations

1.         That the report ‘Adoption of the Long Term Plan 2021-2031 Supporting Information document and Consultation Document, and approval to consult’ by Kyla Carlier, Acting Strategy Policy and Planning Manager and dated 24 February 2021, be received.

2.         That council approves the consultation approach outlined in this report, including an official feedback period of 13 March – 16 April 2021, providing an opportunity for spoken feedback at a series of ‘Have Your Say’ events, and receipt of submissions through council’s online portal, email, post and hand delivery during the official feedback period.

3.         That council approves the draft Financial Strategy for the purpose of including relevant aspects of this information in the Consultation Document and in the Supporting Information for the Long Term Plan 2021-2031.

4.         That council approves the draft Infrastructure Strategy for the purpose of including relevant aspects of this information and proposals in the Consultation Document and in the Supporting Information for the Long Term Plan 2021-2031.

5.         That council adopts the Supporting Information for the Long Term Plan 2021-2031 (circulated under separate cover), for the purpose of consultation.

6.         That council adopts and approves the release of the Consultation Document (circulated under separate cover) for the Long Term Plan 2021-2031 via the Special Consultative Procedure pursuant to sections 93, 93A, and 83 of the Local Government Act 2002.

7.         That council delegates to the Chief Executive Officer the authority to make any necessary minor formatting, typographical and administrative changes to the Consultation Document prior to formal public consultation.

8.         That pursuant to Schedule 7, clause 32 of the Local Government Act 2002, the council delegates to councillors its function under S83(1)(d) of that Act, that being to provide opportunity for persons to present their views to council in a manner that enables spoken interaction.

 

OptionsConsultation on the proposals and material included in the Supporting Information and the Consultation Document is required as part of council’s process of developing the Long Term Plan 2021-2031.  This is required using the consultation process set out in Sections 83 of the LGA.

Sections 93A, 93B, and 93C of the Local Government Act (LGA) specifically requires that council prepare and adopt a Consultation Document for the purposes of consultation using the special consultative procedure, and set out the purpose and content of the document.

Options are set out below:

 

No.

Option

Advantages

Disadvantages

1

Adopt the Supporting Information and Consultation Documents for the purposes of consultation on the Long Term Plan 2021-2031

Council is compliant with the legislative procedures set out in the Local Government Act for consultation on a long term plan.

Resources will  need to be allocated to the consultation process

2

Do not adopt the Supporting Information and Consultation Document for the purposes of consultation on the Long Term Plan 2021-2031

Resources will not need to be allocated to the consultation process

Council is not compliant with the legislative procedures set out in the Local Government Act for consultation on a long term plan.

 

Staff recommend option 1, to adopt the consultation document to the Long Term Plan 2021-2031 for the purposes of consultation.

Considerations

1.         Environmental Impact

The decision to consult on the Long Term Plan 2021-2031 will not in itself have an impact on the environment, however if the work programmes that are proposed in the consultation document are funded as a result of the consultation process, council’s ability to respond to environmental issues and opportunities will be significantly increased.

2.         Community views

During the development of the policies and proposals contained in the Long Term Plan 2021-2031 Supporting Information and Consultation Document, staff and council engaged with the community through a pre-consultation campaign.

Further consideration of community views will be addressed through the deliberations process and subsequent council decision to adopt the final policies and the Long Term Plan 2021-2031.

3.         Māori impact statement

During the development of the proposals contained in the Long Term Plan 2021-2031 Supporting Information and Consultation Document, staff and council engaged with Māori through the Māori Technical Advisory Group.

 

Further consideration of impacts on Māori will be addressed through the deliberations process and subsequent council decision to adopt the final policies and the Long Term Plan 2021-2031.

4.         Financial implications

The Supporting Information and Consultation Document set out in detail what the implications of the proposed work programmes would be.  Further consideration of financial impacts will be addressed through the deliberations process and subsequent council decision to adopt the final policies and the Long Term Plan 2021-2031.

5.         Implementation issues

Further consideration of implementation issues will be addressed through the deliberations process and subsequent council decision to adopt the final policies and the Long Term Plan 2021-2031.

 

6.         Significance and engagement

Section 76AA of the LGA directs that council must adopt a policy setting out how significance will be determined, and the level of engagement that will be triggered.  Council’s current policy was adopted in 2018, and assists council in determining how to achieve compliance with LGA requirements in relation to decisions.  The items addressed in this agenda item are assessed against council’s current policy.

The decisions addressed in this agenda item are in themselves considered to be of low significance when assessed against council’s current Significance and Engagement Policy, because they are for the purpose of achieving compliance with sections 93A, of the LGA and do not, in themselves, impact the community other than to provide them with information.

The decision to adopt the Long Term Plan 2021-2031 Supporting Information and Consultation Document, while not significant in itself, will enable council in the future to make decisions on the final Long Term Plan 2021-2031 while having full regard to community views. 

This will assist council in achieving compliance with procedures in relation to decisions as set out in Part 6 of the LGA.

7.         Policy, risk management and legislative compliance

The decision to adopt the Long Term Plan 2021-2031 Supporting Information and Consultation Document for consultation will achieve compliance with sections 93A of the Local Government Act 2002. 

This decision will also achieve compliance with council’s current Significance and Engagement Policy, in particular ‘We will consult when we are required to by law, when a proposal is considered significant, and when we need more information on options for responding to an issue’.

 

Background/Tuhinga

The Local Government Act 2002 (the LGA) requires that council develop a Long Term Plan (LTP) every three years.  The financial statements and funding impact statements included in the LTP that relate to the first year of the LTP (2021/22) are regarded as the annual plan adopted by council for that year.

Council has been developing, through a series of workshops over the past twelve months, and pre-consultation with the community, a new Long Term Plan (LTP) for the 10 year period 2021-2031.  Councillors have been through an extensive process which has reviewed: council’s strategic direction; existing activities and levels of service; issues and options; rating approaches; the financial strategy; the 30-year infrastructure strategy; budget projections; policies and strategies.

The Supporting Information document for the Long Term Plan 2021-2031 provides this detailed information from which council has developed the proposals contained within its Consultation Document (CD).

Section 93A of the LGA requires that a ‘Consultation Document’ be prepared to provide an effective basis for public participation in the decision-making process via the special consultative procedure.  The Consultation Document is not permitted to include a draft LTP, detailed information or any policy or strategy in full.  Instead the council is required to adopt this information prior to adoption of the Consultation Document.

The CD provides a summary of the matters that are proposed for inclusion in the LTP.  It identifies the key issues and choices facing council and the Northland region, and the consequences of available options. 

 

Supporting Information

There are a number of important documents that support the Consultation Document, and which are likely to go on to form the final LTP.  These documents provide more detailed reference information for the community and enable the audit opinion to be issued.

The Supporting Information for the LTP (see the accompanying volume to this agenda) includes the following:

·    Council’s strategic direction and community outcomes

·    Supporting information on key issues and proposals for community feedback:

-     Natural environment

-     Community resilience

-     Regional leadership

-     Other decisions

·    Background information about our region

·    Key strategies:

-     Draft financial strategy

-     Draft Infrastructure strategy


 

·    Information on council activities, including:

-     Levels of service, targets and measures

-     Changes proposed to levels of service and costs

-     Funding impact statement

·    Funding impact statement, including:

-     Rating funding impact statement

-     Draft prospective funding impact statement

·    Financial forecasting, including:

-     Forecast financial statements

-     Forecasting assumptions

-     Financial prudence

·    Other Policies:

-     Draft Revenue and Financing Policy

-     Draft Financial Contribution Policy

-     Draft Policy of Fostering Māori Participation in Council Processes

-     Draft Significance and Engagement Policy

·    Information on Council Controlled and Subsidiary Organisations

 

The full Supporting Information document is attached under separate cover to this agenda.

 

Consultation Document (CD)

The CD provides context and highlights the key issues for consultation in four main categories:

·    Natural environment: addressing water health, managing our catchments, biodiversity, biosecurity (land and marine).

·    Community resilience:  flood protection, emergency management (upgrading our tsunami warning system and new emergency coordination centre), climate change resilience, improving water resilience, harbour safety and navigation, increasing city link services.

·    Regional leadership:  Māori partnerships and supporting the work across council.

·    Other Decisions:  Oruku landing conference and events centre, funding economic development, changes to rates, reviewing financial reserves, updates to policies.

The CD seeks feedback on each issue, with Council’s proposed option clearly set out and alternative options identified and discussed.

The total of the work proposed as council’s preferred option across the entire range of proposals would equate to a $70.69 (19.8%) increase per ratepayer on average for year 1.

Please refer to the CD (attached under separate cover to this agenda) for the details of the proposals.

 

Audit process

Council has been managing an ‘audit as you go’ process with their auditor, Deloitte Limited, throughout the development of the supporting information and Consultation Document, and have been working particularly closely with them throughout January and February 2021.  Small amendments have been made to the supporting information and CD throughout this process as a result of feedback received.

 

Deloitte Limited, on behalf of the Auditor-General, provided a draft report to council on 24 February 2021 confirming that the CD provides an effective basis for public participation, fairly represents the matters proposed for inclusion in the long term plan and identifies and explains the main issues and choices facing the council and the region, and the consequences of those choices.  This report will be finalised after council’s adoption and approval to consult.

Prior to council adoption of the final Long Term Plan 2021-2031, Deloitte Limited is scheduled to undertake a final audit of the draft plan, in May and June 2021.

 

Consultation

The next step in developing the LTP is formal public consultation.  A five-week consultation period is scheduled from 13 March – 16 April 2021. 

Instead of traditional hearings, council will be hosting a series of ‘Have Your Say’ events around the region during the consultation period.  These events will provide an opportunity for the community to better understand the proposals and provide face-to-face feedback to council, and have been received very well in the past.  These events are scheduled as follows:

·    Whangārei - Tuesday 23 March 2021, 4.30-6:30pm, NRC, Water Street

·    Whangārei - Wednesday 24 March 2021, 9:00-11:00am, NRC, Water Street

·    Kerikeri - Thursday 25 March 2021, 11:00am-1:00pm, Cornerstone, Kerikeri Road

·    Otiria - Thursday 25 March 2021, 4:00-6:00pm, Otiria Rugby Club, Kingi Road

·    Waipū - Friday 26 March 2021, 11:00am-1:00pm, Waipu Cove Surf Life Saving Club, Cove Road

·    Dargaville - Friday 26 March 2021, 4:00-6:00pm, Town Hall, Hokianga Road

·    Kaitāia - Saturday 27 March 2021, 11:00am-1:00pm, Te Ahu Centre, corner of SH1 and Matthews Avenue

 

All feedback at these events will be recorded for reporting back to the full council during deliberations.  To ensure that feedback provided to councillors is accurately recorded, a limited number of councillors will be requested to attend each of the events.    Staff therefore recommend that council delegate the function of receiving views from interested parties at these events to individual councillors.

Written feedback will be received through a number of channels including:

·    Online via council’s feedback portal

·    Email – submissions@nrc.govt.nz

·    Hardcopy feedback forms and letters

A report will also be provided to council on the comments and interaction received through social media.

 

Deliberations and adoption

The LGA requires that local authorities adopt their LTP before the end of June 2021.  It is proposed that a deliberations meeting (open to the public) be held on 19 May and that the final Long Term Plan 2021-2031 be adopted at the council meeting on 22 June 2021.

 

 

Attachments/Ngā tapirihanga

Nil