Council Meeting

19 October 2021

Northland Regional Council Minutes

Meeting held remotely

on Tuesday 19 October 2021, commencing at 10.30am

Tuhinga/Present:

Chairperson, Penny Smart

Councillors:

Terry Archer

Justin Blaikie

Jack Craw

Colin Kitchen (left 1.37pm during business with the public excluded)

Amy Macdonald

Marty Robinson

Rick Stolwerk

Joce Yeoman

I Tae Mai/In Attendance:

Full or Part Meeting

Independent Audit & Risk Advisor

Independent Financial Advisor

Tumuaki - Chief Executive Officer

Pou Taumatua - GM Corporate Services

Pou Tiaki Taiao - GM Environmental Services

Pou Whakaritenga - GM Regulatory Services

Pou Manawhakahaere – GM Governance & Engagement

Policy and Planning Manager

Strategic Projects and Facilities Manager

Strategic Policy Specialist

Policy Planner

Policy Specialist

Governance Specialist

The Chair declared the meeting open at 10.31am and proceedings commenced with a karakia by the Deputy Chair.

Secretarial Note: Due to the current Covid-19 restrictions and the meeting being conducted fully remotely, proceedings were livestreamed in order to be open to the public.

Ngā whakapahā/Apologies (Item 1.0)

There were no apologies.

Nga whakapuakanga/Declarations of Conflicts of Interest (Item 2.0)

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

Receipt of Supplementary Report: Tangata whenua involvement in Regional Policy Statement Review (Item 4.0A)

Report from Chris Taylor, Governance Specialist

Moved (Yeoman/Stolwerk)

That as permitted under section 46A(7) of the Local Government Official Information and Meetings Act 1987 the following supplementary report be received:

· Supplementary Item 7.3: Tangata whenua involvement in Regional Policy Statement Review.

Carried

Confirmation of Minutes - Council Meeting  21 September 2021 and Extraordinary Meetings (Representation Review Hearings 28 September 2021 and Representation Review Deliberations 5 October 2021) (Item 5.1)

Report from Chris Taylor, Governance Specialist

Moved (Macdonald/Robinson)

That the minutes of the council meeting held on 21 September 2021 and the Extraordinary meetings (Representation Review Hearings held on 28 September 2021 and Representation Review Deliberations held on 5 October 2021) be confirmed as a true and correct record.

Carried

Receipt of Action Sheet (Item 5.2)

Report from Chris Taylor, Governance Specialist

Moved (Stolwerk/Craw)

That the action sheet be received.

Carried

Adoption of the 2021 Annual Report (Item 6.1)

Report from Simon Crabb, Finance Manager

Moved (Stolwerk/Yeoman)

1.         That the report ‘Adoption of the 2021 Annual Report’ by Simon Crabb, Finance Manager and dated 21 September 2021, be received.

2.         That the council's audited Annual Report and financial statements for the year ended 30 June 2021 be adopted pursuant to section 98(3) of the Local Government Act 2002.

3.         That the Chief Executive Officer and the Chair be authorised to sign the 2021 Annual Report compliance statement and letter of representation, and the letters of representation in relation to the: 2020/21 debenture trust deed report, and 2020/21 stock register report.

4.         That the Chief Executive Officer be authorised to make any minor editorial and presentation changes to the 2021 Annual Report and Summary Annual Report if required.

5.         That the Chief Executive Officer be authorised to approve the release of the 2021 Summary Annual Report pursuant to section 98(4) of the Local Government Act 2002.

Carried

Secretarial Note: 

· Appreciation was extended to Deloitte for the Audit Report, to the Independent Financial Advisor for his review and all staff involved in getting the Annual Report to the point of adoption.

· Attention was drawn to the challenges of the past year, including Covid-19, and the considerable work required to get council to a favourable financial position.

Financial Report to 30 September 2021 (Item 6.2)

Report from Vincent McColl, Financial Accountant

Moved (Stolwerk/Craw)

That the report ‘Financial Report to 30 September 2021’ by Vincent McColl, Financial Accountant and dated 6 October 2021, be received.

Carried

Secretarial Note:  While there had been an unfavourable variance in the Long Term Fund, council’s Investment Consultant had advised it was not a cause for concern.

Representation Review 2021 Final Proposal (Item 7.1)

Report from Chris Taylor, Governance Specialist

Moved (Macdonald/Robinson)

1.         That the report ‘Representation Review 2021 Final Proposal’ by Chris Taylor, Governance Specialist and dated 7 October 2021, be received.

Carried

It was further moved (Blaikie/Robinson)

2.         That pursuant to section 19N(1)(a) of the Local Electoral Act 2001, the Northland Regional Council resolves that, after the consideration of all 33 submissions received, the Initial Representation Arrangements Proposal be adopted as the Northland Regional Council’s Representation Arrangements Final Proposal as follows:

a) That the Northland Regional Council comprise of a total of nine (9) councillors, comprising of 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 names and descriptions of the eight (8) constituencies be as follows:

i.          Far North General

Extending from Cape Reinga and down the west coast to Waipoua.  Includes the service centres of Kaitaia and Kaikohe.

ii.         Bay of Islands – Whangaroa General

Includes the Whangaroa Harbour, the Bay of Islands and the surrounding settlements (including Kerikeri, Waipapa, Russell and Paihia).

iii.        Kaipara General

Very similar to the current constituency; extending from Waipoua down to the southern boundary of the Northland region.  Includes the service centres of Dargaville and Kaiwaka.

iv.        Mid North General

The inland region stretching from Pakaraka down to the northern and western suburbs of Whangārei.  Includes the townships of Hikurangi, Towai, Kawakawa and Moerewa.

v.         Coastal Central General

The coastal fringe to the north and east of Whangārei – extending from Taupiri Bay down to Bream Head.

vi.        Whangārei Central General 

Focussed on the Whangārei central business district.

vii.       Coastal South General

Incorporates the coastal fringe south of Whangārei and includes the service centres of Waipū, Ruakaka and Mangawhai.

viii.      Te Raki Māori

            All of the region.

c)         That the population that each councillor will represent be as follows (based on the Statistics New Zealand population estimates as at 30 June 2020):

Constituency	2020 General Electoral Population Estimate	2020 Māori Electoral Population Estimate	Number of councillors	Fits +/- 10% rule
Far North General	21,500		1	Yes
Bay of Islands – Whangaroa General	21,100		1	Yes
Kaipara General	19,900		1	Yes
Mid North General	20,300		1	Yes
Coastal Central General	20,800		1	Yes
Whangārei Central General	22,300		1	Yes
Coastal South General	21,000		1	Yes
Te Raki Māori		47,610	2	N/A
Total	146,900	47,610

Carried

(Councillor Craw voted against the motion)

It was further moved (Macdonald/Blaikie)

3.         That pursuant to section 19(N)(1)(a) of the Local Electoral Act, after the consideration of all 33 submissions received, the council declines matters raised in opposing submissions for the following reasons:

a)        The Whangārei Central General constituency recognises that people living in Whangārei have easy access to the Northland Regional Council main office, its services and its councillors, whereas this is not typically the case in more remote areas of the region.  Furthermore, a greater spread of councillors across the region provides the best net representation for the region. 

b)        The configuration of seven (7) general councillors and two (2) Māori councillors is the best balance of providing effective representation, balancing workload, encouraging diversity and effective decision making. 

c)         Determining the areas for two or more Māori constituencies is complex and can be reviewed in the term of the next council when council has a better understanding of how Māori representation is working in practice. 

d)        The dividing of the region into general constituencies with a single councillor from each general constituency (as compared to a single general constituency for the region) better represents communities of interest and better promotes effective and fair representation.

e)        The decisions to conduct the 2022 local body elections using the First Past the Post electoral system and to establish one or more Māori constituencies has already been made by council and cannot be revisited or reversed through the representation process.

f)         The ability for those of non-Māori descent to stand in Māori constituencies is a matter of law and not in council’s discretion to change.

Carried

Secretarial Note:  Appreciation was extended to all who had been involved in the process.  All submissions had been considered in detail and would continue to inform council.

It was further moved (Yeoman/Stolwerk)

4.         That the GM – Governance and Engagement be authorised to make any necessary minor drafting, typographical, rounding or presentation corrections to the Representation Review 2021 Final Proposal (including the correction of Te Reo headings) prior to being published.

            5.         A public notice detailing the final representation arrangements be issued on Friday 22                  October 2021.

Carried

Draft NRC submission - Managing our wetlands (Item 7.2)

Report from Justin Murfitt, Strategic Policy Specialist

Moved (Yeoman/Macdonald)

1.         That the report ‘Draft NRC submission - Managing our wetlands’ by Justin Murfitt, Strategic Policy Specialist and dated 27 September 2021, be received.

2.         That council approve the submission prior to it being lodged with the Ministry for the Environment (subject to any amendments directed by council).

3.         That the Chair sign the submission on behalf of council.

4.         That staff are authorised to make minor changes to improve formatting or readability prior to the submission being lodged.

Carried

Secretarial Note:  Staff undertook to seek formal advice regarding potential options to establish an accreditation system for earthworks contractors (to prevent the damage or destruction of wetlands).

Review of Regional Policy Statement (Item 7.3) and Tangata whenua involvement in Regional Policy Statement review (Supplementary Item 7.3)

Reports from Ingrid Kuindersma, Policy Planner

Moved (Yeoman/Craw)

1.         That the reports ‘Review of Regional Policy Statement’ and  ‘Tangata whenua involvement in Regional Policy Statement review’ and ‘Tangata Whenua involvement in Regional Policy Statement review’ by Ingrid Kuindersma, Policy Planner and dated 28 September 2021 and 15 October 2021 respectively, be received.

2.         That council proceed with the preparation of the five-year review of the Regional Policy Statement, in accordance with s 35 of the Resource Management Act 1991, and

a.    That it be a desktop-based level of analysis.

b.    Input is sought from Māori Technical Advisory Group (MTAG) on behalf of TTMAC.

c.    Provide funding for a Māori practitioner/consultant to prepare a report on behalf of TTMAC, overseen by MTAG and that MTAG select the consultant (within council procurement procedures).

d.    TTMAC non-elected members be invited to nominate three members to sit alongside councillors during council workshops on the RPS review. 

e.    Include key stake holders.

f.     That a draft of the review be provided for public feedback, and

                        g.    That the Planning and Regulatory Working Party oversee the five year review of the           RPS.

Carried

Secretarial Note:  Councillors Kitchen and Robinson declared a conflict of interest and withdrew from all discussion and decision making on Item 7.4.

Allocation of Remaining Regional Sporting Facilities Rates Collected 2018-2021 (Item 7.4)

Report from Phil Heatley, Strategic Projects and Facilities Manager

Moved (Stolwerk/Blaikie)

1.         That the report ‘Allocation of Remaining Regional Sporting Facilities Rates Collected 2018-2021’ by Phil Heatley, Strategic Projects and Facilities Manager and dated 6 October 2021, be received.

2.         That the Kerikeri Squash Club sporting facility project receive an ‘In Principle’ allocation of the full remaining quantum of Regional Sporting Facilities Rates collected but unallocated during the 2018–2021 financial years.

3.         That the Chief Executive Officer has authority to distribute funds to the project, up to the amount allocated, when he is satisfied that the following has been met to his satisfaction:

a.        The project Governance Group is properly constituted and capable; and

b.        The project, or standalone stage, is fully or near-fully funded; and

c.         Any other criteria that he sees as relevant and material having taken advice.  

4.         That the Chief Executive Officer refer to council if there is a material change in the project or proposed change in maximum allocation from the ‘In Principle’ decision.

Carried

(Councillors Kitchen and Robinson abstained from voting)

Proposed four waters entities - council position (Item 7.5)

Report from Ben Lee, GM - Strategy, Governance and Engagement and Colin Dall, Pou Whakaritenga - Group Manager Regulatory Services

Moved ( Yeoman/Stolwerk)

1. That the report ‘Proposed four waters entities - council position’ by Ben Lee, Acting GM - Governance and Engagement, and Colin Dall, Pou Whakaritenga – Group Manager Regulatory Services, and dated 8 October 2021, be received.

2. That council adopt the following position regarding the Government’s proposal to establish four water entities for the delivery of three waters services:

i.     The Northland Regional Council supports the Government and LGNZ joint objectives for the reform.

ii.    The Northland Regional Council wants to see improved three waters services in Northland, with a focus on:

(a)    Achieving full compliance performance of wastewater systems, ensuring they meet the desired environmental outcomes.

(b)    Increasing the reliability and resilience of water supplies during droughts.

(c)    Increasing the investment in new public wastewater schemes and water supplies particularly where there is the greatest social and environmental need.

(d)    Future proofing of all three waters infrastructure to cope with the impacts of climate change

iii.   The Northland Regional Council does not have a view on whether or not a joint Auckland and Northland Entity is the best solution for Northland.  We make the following recommendations for any Three Waters Entity:

(a)    It needs to provide for local community input into decision making.

(b)    While increased investment is required, any new entity must be the most cost-efficient delivery model to be affordable for Northland communities.

(c)    It needs to enable improved and/or new water services where there is a need, as many small Northland communities are not connected to a public wastewater and or water supply scheme.

(d)    It needs to ensure the views of tangata whenua are understood and are an integral part of Three Waters management

iv.      The Northland Regional Council acknowledges district councils’ right to make their own evidence-based decisions on opting in or out.

v.      The Northland Regional Council wants to ensure regional councils are fully involved in any government consideration and analysis of including flood protection and land drainage infrastructure as part of the reforms.  We do not support any proposal to transfer this infrastructure without a full analysis of the problem and potential solutions.

Carried

Health and Safety Report (Item 8.1)

Report from Kelcie Mills, Health and Safety Advisor

Moved (Kitchen/Blaikie)

That the report ‘Health and Safety Report’ by Kelcie Mills, Health and Safety Advisor and dated 30 September 2021, be received.

Carried

Chair's Report to Council (Item 8.2)

Report from Penny Smart, Chair

Moved (Smart/Archer)

That the report ‘Chair's Report to Council’ by Penny Smart, Chair and dated 1 October 2021, be received.

Carried

Chief Executive’s Report to Council (Item 8.3)

Report from Malcolm Nicolson, Tumuaki - Chief Executive Officer

Moved (Blaikie/Macdonald)

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

Carried

Secretarial Note: 

· A correction was noted to the report in relation to the Whangārei Urban Awa project and that 4.5km of fencing was planned for Year 2 (not Year 1).

· Appreciation was extended to the Emergency Management Team for its response during the recent Covid lock down.

· A future council workshop to address NRC’s bus services including, but not limited to, patronage, alternate options, the review of services and interpretation of statistics.

· Appreciation was extended to staff for all the effort being given to prevent the latest Covid lockdown having a negative impact on work programmes.

Receipt of Committee Minutes (Item 9.1)

Report from Chris Taylor, Governance Specialist

Moved (Kitchen/Robinson)

That the unconfirmed minutes of the: 

·        Kaipara Moana Remediation Joint Committee – 20 September 2021;

·        Te Oneroa a Tōhe Board – Joint Committee – 24 September 2021;

·        Audit and Risk Subcommittee – 29 September 2021;

·        Investment and Property Subcommittee – 29 September 2021;

·        Joint Regional Economic Development Committee – 30 September 2021;

be received.

Carried

Secretarial Note: 

· Representatives of each of the committees provided a verbal update on key priorities and workstreams.

· Appreciation was extended to Ian Jenkins, who was finishing 29 years of service as council’s forestry consultant.

· Clarification was sought on the Joint Regional Economic Development Committee’s delegated authority in terms of allocating funding from the Investment Growth Reserve.

Working Party Updates and Chairpersons' Briefings (Item 9.2)

Report from Sally Bowron, Strategy, Governance and Engagement Team Admin/PA

Moved (Yeoman/Macdonald)

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

Carried

Secretarial Note:  The Chair of each Working Party provided a verbal update on key priorities and work programmes for these subordinate bodies.

Kaupapa ā Roto/Business with Public Excluded (Item 10.0)

Moved (Smart/Kitchen)

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
10.1	Confirmation of Minutes - Confidential Council Meeting Minutes 21 September 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 -.
10.2	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 -.
10.3	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).
10.4	Directors Renumeration	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 on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) s7(2)(i).
10.5	Rent Relief in Response to the 2021 Covid-19 Lockdown	The public conduct of the proceedings would be likely to result in disclosure of information, the withholding of which is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information s7(2)(b)(ii) and the withholding of which is necessary to enable council to carry 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.

Carried

Secretarial Note:  The meeting adjourned 12.41pm and reconvened at 12.50pm to address business with the public excluded.

Whakamutunga (Conclusion)

The meeting concluded at 1.43pm with a karakia by Councillor Yeoman.