Minutes of Council Meeting - Wednesday, 28 July 2021

Council Meeting

28 July 2021

Northland Regional Council Minutes

Meeting held in the Council Chamber

36 Water Street, Whangārei

on Wednesday 28 July 2021, commencing at 10.30am

Tuhinga/Present:

Chairperson, Penny Smart

Councillors:

Terry Archer (from 10.34am)

Justin Blaikie

Jack Craw

Colin Kitchen

Amy Macdonald

Marty Robinson

Rick Stolwerk

Joce Yeoman

I Tae Mai/In Attendance:

Full Meeting

Independent Audit & Risk Advisor

Chief Executive Officer

GM - Corporate Excellence

GM - Regulatory Services

GM - Strategy, Governance and Engagement

Governance Support Manager

Part Meeting

Independent Financial Advisor (via audio visual link)

GM – Environmental Services

Resource Management – Strategic Policy Specialist

Climate Resilience Coordinator

The Chair declared the meeting open at 10.32am. Proceedings commenced with the Tauāki a roto by full council

Ngā whakapahā/Apologies (Item 3.0)

Moved (Smart/Kitchen)

That the apology from the Independent Financial Advisor for non-attendance be received.

Carried

Secretarial Note: The Independent Financial Advisor later joined the meeting via audio visual link.

Nga whakapuakanga/Declarations of Conflicts of Interest (Item 4.0)

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

Confirmation of Minutes - Council Meeting 15 June 2021, Extraordinary Council Meeting 22 June 2021 and Extraordinary Council Meeting 7 July 2021 (Item 5.1)

Report from Chris Taylor, Governance Support Manager

Moved (Blaikie/Robinson)

1. That the minutes of the council meeting held on 15 June 2021 be confirmed as a true and correct record (subject to the correction that the minutes of the extraordinary council meeting held on 19 May 2021 were also confirmed as a true and correct record).

2. That the minutes of the extraordinary council meetings on 22 June 2021 and 7 July 2021 be confirmed as a true and correct record.

Carried

Receipt of Action Sheet (Item 5.2)

Report from Chris Taylor, Governance Support Manager

Moved (Stolwerk/Yeoman)

That the action sheet be received.

Carried

2021 Representation Arrangements Review Initial Proposal (Item 6.1)

Report from Chris Taylor, Governance Support Manager

Moved (Stolwerk/Macdonald)

1. That the report ‘2021 Representation Arrangements Review Initial Proposal’ by Chris Taylor, Governance Support Manager and dated 3 June 2021, be received.

Carried

Secretarial Note: The meeting adjourned at 10.36am to allow the technical issues preventing the Independent Financial Advisor from joining the meeting via audio visual link to be resolved. The meeting reconvened at 10.41am.

It was further moved (Stolwerk/Robinson)

2. That in accordance with section 19I and clauses 3 and 4 Schedule 1A of the Local Electoral Act 2001, it is proposed that for at least the 2022 triennial election:

a) The Northland Regional Council comprise a total of nine (9) councillors, being seven (7) general councillors to be elected from seven (7) general constituencies (one from each), and two (2) Māori councillors elected from one (1) region-wide Māori constituency.

b) The proposed names and boundaries of the eight constituencies be as described and illustrated in the Initial Proposal (included as Attachment One pertaining to Item 6.1 of the 28 July 2021 council meeting agenda).

3. That the population that each general constituency councillor represents is within the population range 20,986 +/- 10% (18,886 – 23,083) [1]in compliance with section 19V(2) of the Local Electoral Act 2001.

4. That the number of Māori constituency councillors complies with Schedule 1A of the Local Electoral Act 2001.

5. That the reasons for the changes to the representation arrangements for the Northland region are:

· To ensure new arrangements are in place for the 2022 local government elections following council’s decision to establish one or more Māori constituencies;

· To better reflect regional communities of interest;

· To improve effective representation; and

· To provide for fair representation in determining the number of general councillors to be elected by the electors of each general constituency, satisfying section 19V of the Local Electoral Act 2001.

6. That the Initial Proposal (included as Attachment One pertaining to Item 6.1 of the 28 July 2021 council meeting agenda), be adopted and submitted for formal consultation commencing 10 August 2021 in accordance with the requirements of the Local Electoral Act 2001.

7. That the GM- Strategy, Governance and Engagement be authorised to make any necessary minor drafting, typographical, rounding or presentation corrections to the 2021 Northland Regional Council Representation Arrangements Review Initial Proposal prior to release for public consultation.

8. That the Representation Arrangements Review Hearings Committee be a committee of all councillors.

9. That due to the tight legislative timeframes of the Representation Arrangements Review, late submissions will not be accepted.

Carried

'Ngā Taumata o te Moana' - NRC Climate Change Strategy and Implementation Plan (Item 6.2)

Report from Matt De Boer, Climate Change Resilience Coordinator

Moved (Macdonald/Yeoman)

1. That the report ‘'Ngā Taumata o te Moana' - NRC Climate Change Strategy and Implementation Plan’ by Matt De Boer, Climate Change Resilience Coordinator and dated 22 June 2021, be received.

2. That council adopts the documents ‘Ngā Taumata o te Moana’ and ‘Ngā Taumata o te Moana Implementation Plan’ (as tabled at the meeting).

3. That the GM – Environmental Services be authorised to make any necessary minor drafting, typographical, rounding or presentation corrections to the 'Ngā Taumata o te Moana' strategy and/or implementation plan prior to being published publicly.

Carried

Secretarial Note: The strategy and implementation plan were described as a ‘milestone for NRC’ and appreciation was extended to staff for their technical support getting council to this point.

Biosecurity Operational Plan 2021-2022 (Item 6.3)

Report from Don McKenzie, Biosecurity Manager

Moved (Craw/Stolwerk)

1. That the report ‘Biosecurity Operational Plan 2021-2022’ by Don McKenzie, Biosecurity Manager and dated 25 June 2021, be received.

2. That council approve the Draft Northland Regional Pest and Marine Pathway Operational Plan 2021–2022.

3. That council authorises the GM Environmental Services to make any necessary minor drafting, typographical, rounding, or presentation corrections to the Northland Regional Pest and Marine Pathway Operational Plan 2021–2022.

Carried

Secretarial Note: Appreciation was extended to staff for drafting the operational plan.

Appointment to Investment and Property Subcommittee (Item 6.4)

Report from Chris Taylor, Governance Support Manager

Moved (Kitchen/Blaikie)

1. That the report ‘Appointment to Investment and Property Subcommittee’ by Chris Taylor, Governance Support Manager and dated 2 July 2021, be received.

2. That Councillor Archer be appointed as a member of the Investment and Property Subcommittee (in addition to the current membership).

Carried

Natural and Built Environment Bill - Exposure Draft (Item 6.5)

Report from Justin Murfitt, Strategic Policy Specialist

Moved (Macdonald/Craw)

1. That the report ‘Natural and Built Environment Bill - Exposure Draft’ by Justin Murfitt, Strategic Policy Specialist and dated 5 July 2021, be received.

2. That council delegates authority to the Chair and Councillor Yeoman to authorise the lodging of a submission on the Natural and Built Environment Bill on behalf of council.

3. That council delegates authority to the Chair and Councillor Yeoman to approve the content of a submission on the Natural and Built Environment Bill, should a decision be made to lodge a submission.

Carried

CEO Recruitment - Job Description and Person Specification (Item 6.6)

Report from Beryl Steele, Human Resources Manager

Moved (Yeoman/Stolwerk)

1. That the report ‘CEO Recruitment - Job Description and Person Specification’ by Beryl Steele, Human Resources Manager and dated 12 July 2021, be received.

2. That the job description and person specification be approved.

3 That council authorises the GM Corporate Excellence to make any necessary minor drafting, typographical, rounding, or presentation corrections to the job description and person specification prior to their use during the recruitment process.

Carried

Health and Safety Report (Item 7.1)

Report from Kelcie Mills, Health and Safety Advisor

Moved (Yeoman/Robinson)

That the report ‘Health and Safety Report’ by Kelcie Mills, Health and Safety Advisor and dated 28 June 2021, be received.

Carried

Secretarial Note: Future risk updates regarding workplace bullying/harassment to reference the cultural work undertaken by the organisation to prevent perpetrators of bullying as well as providing training interventions to build resilience and psychological safety.

Chair's Report to Council (Item 7.2)

Report from Penny Smart, Chair

Moved (Smart/Macdonald)

That the report ‘Chair's Report to Council’ by Penny Smart, Chair and dated 2 July 2021, be received.

Carried

Secretarial Note: A correction was noted that Councillor Craw had also attended the meeting with Alan McKenzie, MPI, following the initial meeting with staff regarding Kauri Dieback.

Chief Executive’s Report to Council (Item 7.3)

Report from Malcolm Nicolson, Chief Executive Officer

Moved (Macdonald/Yeoman)

That the report ‘Chief Executive’s Report to Council’ by Malcolm Nicolson, Chief Executive Officer and dated 30 June 2021, be received.

Carried

Secretarial Note:

· The Northland Transportation Alliance was acknowledged for its fifth anniversary and the ‘great job’ it had done during this time.

· Appreciation was extended to the CoastCare staff for the successful planting day undertaken at Karikari Peninsula.

· CDEM staff were also acknowledged for the support they had provided during the responses to the South Auckland tornado and the West Coast floods.

Receipt of Committee Minutes (Item 8.1)

Report from Chris Taylor, Governance Support Manager

Moved (Stolwerk/Yeoman)

That the unconfirmed minutes of the:

· Regional Transport Committee – 9 June 2021;

· Civil Defence Emergency Management Group – 16 June 2021;

· Kaipara Moana Remediation Joint Committee – 25 June 2021;

· Audit and Risk Subcommittee – 30 June 2021; and

· Investment and Property Subcommittee – 30 June 2021

be received.

Carried

Secretarial Note: In conjunction with Item 8.2, the Chairs/Co-Chair of the respective committees provided a verbal update on current priorities and work programmes.

Working Party Updates and Chairpersons' Briefings (Item 8.2)

Report from Chris Taylor, Governance Support Manager

Moved (Robinson/Blaikie)

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

Carried

Secretarial Note: The Chairs of the respective working parties provided a verbal update on the current priorities and work programmes for these subordinate bodies.

Kaupapa ā Roto/Business with Public Excluded (Item 9.0)

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:

Item No.	Item Issue	Reasons/Grounds
9.1	Confirmation of Confidential Minutes - Council Meeting 15 June 2021	The public conduct of the proceedings would be likely to result in disclosure of information, as stated in the open section of the meeting.
9.2	Receipt of Committee Confidential Minutes	The public conduct of the proceedings would be likely to result in disclosure of information, as stated in the open section of the meeting -.
9.3	Human Resources Report	The public conduct of the proceedings would be likely to result in disclosure of information, the withholding of which is necessary to protect the privacy of natural persons, including that of deceased natural persons s7(2)(a).
9.4	Purchase of Whangārei CBD Properties	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).
9.5	NIWA Kingfish RAS Project	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).

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

Whakamutunga (Conclusion)

The meeting concluded at 12.02pm.

[1] Note this range differed from what was published in the agenda (being 18,887 – 23,084) due to rounding and subsequent advice from the Local Government Commission to round down (as no part of a person).