26 July 2022
Northland Regional
Council Minutes
Meeting held in the Council Chamber
36 Water Street, Whangārei
on Tuesday 26 July 2022, commencing at 10.30am
Tuhinga/Present:
Chairperson, Penny Smart
Councillors:
Terry Archer (via audio-visual
link)
Justin Blaikie (left
meeting at 12.24pm during business with the public excluded)
Jack Craw
Colin Kitchen (via
audio-visual link)
Marty Robinson
Rick Stolwerk
Joce Yeoman (via
audio-visual link)
I
Tae Mai/In Attendance:
Full Meeting
Independent Financial Advisor (via audio-visual link)
Pou Taumatua - GM Corporate Services (via audio-visual link)
Pou Tiaki Taiao - GM Environmental Services
Deputy Pou Whakaritenga – Deputy GM Regulatory
Services
Regional Harbourmaster (via
audio-visual link)
Governance Specialist
Part Meeting
Barker
Associates Northland Director
Barker
Associates Senior Planner
Tumuaki
- Chief Executive Officer (via audio-visual
link)
Pou Tiaki Hapori - GM Community Resilience
Pou Manawhakahaere – GM Governance & Engagement
Human
Resources Manager
Resource
Management – Strategic Policy Specialist
Corporate
Planner
Economist
Secretarial Note: The Chair declared the meeting open at 10.30am
and proceedings commenced with the Tauāki ā roto by full
council.
Ngā
whakapahā/Apologies (Item
3.0)
|
Moved (Craw/Robinson)
That the apologies from
Councillor Macdonald for non-attendance be received.
Carried
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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.
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Confirmation of Minutes - 28 June 2022 (Item 5.1)
Report from Chris Taylor, Governance Specialist
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Moved
(Stolwerk/Blaikie)
That the minutes of the council
meeting held on 28 June 2022, be confirmed as a true and correct record.
Carried
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Regional Software Holdings Limited’s
Transition (Item 6.1)
Report from Bruce Howse, Pou Taumatua – Group
Manager Corporate Services
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Moved (Robinson/Craw)
1. That
the report ‘Regional Software Holdings Limited’s
Transition’ by Bruce Howse, Pou Taumatua – Group Manager
Corporate Services and dated 4 July 2022, be received.
2. That
council receives and approves the proposed changes to council’s
shareholding in Regional Software Holdings Limited, as a result of the
transition, and as incorporated into the draft Shareholders’ Agreement,
Constitution and Shareholders’ Resolution.
3. That
council provides feedback on the Shareholders’ Agreement, Constitution
and Shareholders’ Resolution to the Chief Executive Officer.
4. That
council delegates authority to the Chief Executive Officer to sign the
Shareholders’ Agreement and Shareholders’ Resolution (subject
to minor amendments) on behalf of the council.
Carried
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Secretarial Note: Feedback
from council (as per resolution 2) was that an aggregate tenure of 12 years for
directors was too long and that nine years would be more appropriate.
Furthermore, that consideration be given to including declarations of conflict
of interest into sections 15.1 and 15.2 of the ‘Constitution of Regional
Software Holdings Limited’.
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IRIS Next Gen
Collaborative Project (Item 6.2)
Report from Carol Cottam, Information Services and
Technology Manager
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Moved
(Stolwerk/Robinson)
1. That
the report ‘IRIS Next Gen Collaborative Project’ by Carol Cottam,
Information Services and Technology Manager and dated 23 June 2022, be
received.
2. That
the Chief Executive Officer be delegated authority to sign the Partnership
Agreement.
Carried
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Regional Software
Holdings Limited (RSHL) Board Appointments
(Item 6.3)
Report from Bruce Howse, Pou Taumatua – Group
Manager Corporate Services
|
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Moved (Blaikie/Craw)
1. That
the report ‘Regional Software Holdings Limited Board
Appointments’ by Bruce Howse, Pou Taumatua – Group Manager
Corporate Services and dated 16 June 2022, be received.
2. That
council authorises the appointment of the Group Manager – Corporate
Services as Director to the RSHL Board, effective from 1 October 2022.
3. That
council authorises the appointment of the Information Services &
Technology Manager as Alternate Director to the RSHL Board, effective from 1
October 2022.
Carried
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Regional Software
Holdings Limited's Statement of Intent (Item
6.4)
Report from Bruce Howse, Pou Taumatua – Group
Manager Corporate Services
|
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Moved
(Blaikie/Kitchen)
1. That
the report ‘Regional Software Holdings Limited's Statement of
Intent’ by Bruce Howse, Pou Taumatua – Group Manager Corporate
Services and dated 15 July 2022, be received.
2. That
council notes the Regional Software Holdings Limited’s Statement of
Intent (included as Attachment 1 pertaining
to Item 6.4 of the 26 July 2022 council meeting agenda).
Carried
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Adoption of the Draft
Freshwater Framework (Item 6.5)
Report from Justin Murfitt, Strategic Policy Specialist
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Moved (Blaikie/Yeoman)
1. That
the report ‘Adoption of the Draft Freshwater Framework’ by Justin
Murfitt, Strategic Policy Specialist and dated 5 July 2022, be received.
2. That
council adopt the Draft Freshwater Framework as its roadmap for freshwater
management in Taitokerau.
3. That
council authorise the Group Manager Environmental Services to make minor
wording changes and to approve the final formatting and layout of the
Freshwater Framework prior to publishing on the council website or otherwise
publicly releasing it.
Carried
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Secretarial Note: Appreciation was extended to
all involved in the development of the Draft Freshwater Framework.
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Adoption of the draft
policies on the Remission and Postponement of Rates on Māori Freehold
Land pertaining to the Kaipara and Whangārei districts, for
consultation. (Item 6.6)
Report from Kyla Carlier, Corporate Strategy Manager
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Moved (Robinson/Stolwerk)
1. That
the report ‘Adoption of the draft policies on the Remission and
Postponement of Rates on Māori Freehold Land pertaining to the Kaipara
and Whangārei districts, for consultation.’ by Kyla Carlier,
Corporate Strategy Manager and dated 11 July 2022, be received.
2. That
council resolves to consult on the draft Policies on the Remission and
Postponement of Rates on Māori Freehold Land pertaining to the Kaipara
and Whangārei districts (included as Attachment 2 pertaining to Item 6.6 of the 26 July
2022 council agenda),
in accordance with section 82 of the Local Government Act 2002.
3. That
council adopts the Statement of Proposal (included
as Attachment 1 pertaining to
Item 6.6 of the 26 July 2022 council agenda) on the draft Policies on the Remission
and Postponement of Rates on Māori Freehold Land pertaining to the
Kaipara and Whangārei districts for consultation.
4. That
council delegates to the Group Manager Corporate Services the authority to
make any changes to the Statement of Proposal for the consultation of the
draft Policies on the Remission and Postponement of Rates on Māori
Freehold Land pertaining to the Kaipara and Whangārei districts that may
improve readability and compliance with the Local Government Act.
Carried
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Secretarial Note: Clarification was provided that
Far North District Council’s rating policies had not changed since it
adopted its Long Term Plan and hence were not included in the report.
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Navigation Safety
Bylaw Review (Item 6.7)
Report from Jim Lyle, Regional Harbourmaster and
Michael Payne, Policy Specialist
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Moved
(Stolwerk/Craw)
1. That
the report ‘Navigation Safety Bylaw Review’ by Jim Lyle, Regional
Harbourmaster and Michael Payne, Policy Specialist and dated 15 June 2022, be
received.
2. That
the council determines under section 155(1) of the Local Government Act
that a bylaw is the most appropriate way of addressing problems relating to
the maritime safety in the region.
3. That
the council adopt the report titled “Navigation Safety Bylaws: Review
Report” and notes the staff recommendations that the overall form of
the Northland Regional Council Navigation Safety Bylaw 2017 and Kai Iwi Lakes
Navigation Safety Bylaw 2017 is generally appropriate but that amendments
should be made to improve the substance of the Navigation Safety Bylaw 2017.
4. That
amendments to Navigation Safety Bylaw 2017 and the required public
consultation are delayed until the overarching maritime rule part 91 review
is completed by Maritime NZ.
5. That
the council determines under section 155(2)(b) of the LGA that the Northland
Regional Council Navigation Safety Bylaw 2017 does not give rise to any
implications under the New Zealand Bill of Rights Act 1990.
Carried
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Secretarial Note: An explanatory note to be added
to the NRC website as to why the review of council’s Navigation Safety
Bylaw was being delayed.
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Tangata whenua water
advisory group membership (Item 6.8)
Report from Ben Lee, Planning and Policy Manager
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Moved
(Robinson/Yeoman)
1. That
the report ‘Tangata whenua water advisory group membership’ by
Ben Lee, Planning and Policy Manager and dated 5 July 2022, be received.
2. That
council approve the appointment of Niki Conrad to the Tangata Whenua Water
Advisory Group.
Carried
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Tāiki ē NRC
Te Tiriti Strategy and Implementation Plan
(Item 6.9)
Report from Auriole Ruka, Pou Manawhakahaere - GM
Governance and Engagement
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Moved
(Robinson/Smart)
1. That
the report ‘Tāiki ē NRC Te Tiriti Strategy and Implementation
Plan’ by Auriole Ruka, Pou Manawhakahaere - GM Governance and
Engagement and dated 8 July 2022, be received.
2. That
the Tāiki ē (NRC Te Tiriti Strategy and Implementation Plan) be
adopted by council (subject to any final minor, graphic, structural or
grammatical changes or amendments recommended by the Chief Executive
Officer).
Carried (with acclamation)
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Secretarial Note: Appreciation was extended to
all involved in the development of Tāiki ē
which was described as ‘a real taonga to take forward’ and
recognised the ‘journey council has been on for the last decade’.
The title ‘acknowledges the partnership to give effect to Te
Tiriti’ and the collaborative spirit to ‘deliver tangible
outcomes’. It was a major achievement to be proud of.
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Appointment of
replacement members to the Climate Change Working Party and Joint Climate Change
Adaptation Committee (Item 6.10)
Report from Auriole Ruka, Pou Manawhakahaere - GM
Governance and Engagement
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Moved
(Craw/Robinson)
1. That
the report ‘Appointment of replacement members to the Climate Change
Working Party and Joint Climate Change Adaptation Committee’ by Auriole
Ruka, Pou Manawhakahaere - GM Governance and Engagement and dated 18 July
2022, be received.
2. That
Lynette Wharerau and Mira Norris are appointed onto council’s Climate
Change Working Party as a Taitokerau Māori and Council Working Party
(TTMAC) non-elected (tāngata whenua) members to replace Nora Rameka and
Thomas Hohaia.
3. That
Rowan Tautari be appointed as the alternate TTMAC representative on the Joint
Climate Change Adaptation Committee and attend meetings on behalf of the lead
representative, Rihari Dargaville, should he be unable to attend.
Carried
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Health and safety report (Item 7.1)
Report from Beryl Steele, Human Resources Manager
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Moved
(Kitchen/Stolwerk)
That the report ‘Health
and safety report’ by Beryl Steele, Human Resources Manager and dated 13
July 2022, be received.
Carried
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Secretarial Note: Appreciation was extended to
the Human Resources Manager for their work in this field given the changing
and challenging times faced by council.
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Chair's Report to
Council (Item 7.2)
Report from Penny Smart, Chair
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Moved
(Smart/Stolwerk)
That the report ‘Chair's
Report to Council’ by Penny Smart, Chair and dated 15 July 2022, be
received.
Carried
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Chief
Executive’s Report to Council (Item 7.3)
Report from Malcolm Nicolson, Tumuaki - Chief Executive
Officer
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Moved
(Stolwerk/Craw)
That the report ‘Chief
Executive’s Report to Council’ by Malcolm Nicolson, Tumuaki -
Chief Executive Officer and dated 1 July 2022, be received.
Carried
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Secretarial Note:
·
The recently released national video regarding flood
protection and ‘resilient river communities’ recognised
NRC’s work in true partnership with tangata whenua.
·
EriksensGlobal’s June 2022 report, which detailed the
year end externally managed fund performance, was yet to be received.
·
Appreciation was extended to staff and the other
organisations involved in the completion of the National Kauri Protection
Plan.
·
A series of future councillor information sessions were being
held to provide key information for anyone interested in standing in the
local elections.
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Exceedance of Air
Quality Standards (Item 7.4)
Report from Michael Payne, Policy Specialist
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Moved
(Stolwerk/Yeoman)
That the report ‘Exceedance
of Air Quality Standards ’ by Michael Payne, Policy Specialist and
dated 6 July 2022, be received.
Carried
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Secretarial Note: Confirmation to be provided
whether air quality monitors were able to detect spray drift.
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Receipt of Committee Minutes (Item 8.1)
Report from Chris Taylor, Governance Specialist
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Moved (Stolwerk/Yeoman)
That the unconfirmed minutes of
the:
· Audit
and Risk Subcommittee Minutes – 29 June 2022.
· Investment
and Property Subcommittee Minutes – 29 June 2022.
· Extraordinary
Investment and Property Subcommittee Minutes – 6 July 2022.
be received.
Carried
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Secretarial Note: The Chair of each subcommittee
provided a verbal update on key work programmes.
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Working Party Updates
and Chairpersons' Briefings (Item 8.2)
Report from Sally Bowron, Strategy, Governance and
Engagement Team Admin/PA
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Moved
(Robinson/Archer)
That the report ‘Working
Party Updates and Chairpersons' Briefings’ be received.
Carried
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Kaupapa ā Roto/Business with Public Excluded (Item 9.0)
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Moved (Smart/Blaikie)
1.
That the public be excluded from the proceedings of this meeting to
consider confidential matters.
2.
That the general subject of the matters to be considered whilst the
public is excluded, the reasons for passing this resolution in relation to
this matter, and the specific grounds under the Local Government Official
Information and Meetings Act 1987 for the passing of this resolution, are as
follows:
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Item No.
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Item Issue
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Reasons/Grounds
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9.1
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Confirmation
of Confidential Minutes - 28 June 2022
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The public
conduct of the proceedings would be likely to result in disclosure of
information, as stated in the open section of the meeting.
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9.2
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Receipt of
Confidential Committee Minutes
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The public
conduct of the proceedings would be likely to result in disclosure of
information, as stated in the open section of the meeting.
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9.3
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Human
Resources Report - June 2022
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The public
conduct of the proceedings would be likely to result in disclosure of
information, the withholding of which is necessary to protect the privacy
of natural persons, including that of deceased natural persons s7(2)(a).
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9.4
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Requests
for Property Reinvestment Funding
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The public
conduct of the proceedings would be likely to result in disclosure of
information, the withholding of which is necessary to protect information
where the making available of the information would be likely unreasonably
to prejudice the commercial position of the person who supplied or who is
the subject of the information s7(2)(b)(ii), the withholding of which is
necessary to enable council to carry out, without prejudice or
disadvantage, commercial activities s7(2)(h) and the withholding of which
is necessary to enable council to carry on, without prejudice or
disadvantage, negotiations (including commercial and industrial
negotiations) s7(2)(i).
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9.5
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Regional
Projects Reserve: Investment proposal for Mid North Water Scheme
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The public
conduct of the proceedings would be likely to result in disclosure of
information, the withholding of which is necessary to enable council to
carry out, without prejudice or disadvantage, commercial activities
s7(2)(h) and the withholding of which is necessary to enable council to
carry on, without prejudice or disadvantage, negotiations (including
commercial and industrial negotiations) s7(2)(i).
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9.6
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Director
Remuneration
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The public
conduct of the proceedings would be likely to result in disclosure of
information, the withholding of which is necessary to enable council to
carry out, without prejudice or disadvantage, commercial activities
s7(2)(h).
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9.7
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Introduction
of a New Fund Manager into the Long-Term Fund Investment Fund
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The public
conduct of the proceedings would be likely to result in disclosure of
information, the withholding of which is necessary to enable council to
carry out, without prejudice or disadvantage, commercial activities
s7(2)(h).
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3.
That the Independent Financial Advisor be permitted to stay during
business with the public excluded.
Carried
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Secretarial Note: The
meeting adjourned at midday and reconvened at 12.08pm to address business with
the public excluded.
Whakamutunga (Conclusion)
The meeting concluded at 12.50pm.