Council Meeting
27 September 2022
Northland Regional
Council Minutes
Meeting held in the Council Chamber
36 Water Street, Whangārei
on Tuesday 27 September 2022, commencing at 10.30am
Tuhinga/Present:
Chairperson, Penny Smart
Councillors:
Terry Archer
Justin Blaikie
Jack Craw
Colin Kitchen
Amy Macdonald
Marty Robinson
Rick Stolwerk
Joce Yeoman
I
Tae Mai/In Attendance:
Full Meeting
Deloitte Limited representatives (x2)
Independent Financial Advisor
Tumuaki - Chief Executive Officer (current)
Tumuaki – Chief Executive Officer (incoming)
Pou Taumatua - GM Corporate Services
Pou Whakaritenga - GM Regulatory Services
Pou Tiaki Pūtaiao - GM
Biosecurity
Human
Resources Manager
Governance Specialist
Part Meeting
Contracted Advisor
Pou Tiaki
Hapori – GM Community Resilience
Pou Tiaki Taiao - GM Environmental Services
Pou Manawhakahaere – GM
Governance & Engagement
Finance Manager
Policy and Planning Manager
Strategic Projects and Facilities Manager
Corporate Strategy Manager
Financial Accountant
(via audio-visual link)
Management Accountant
Financial Accountant
Corporate Planning Specialist
Kaiwhakahaere Honongā Māori
Personal Assistant – Community Resilience
Property Officer
Secretarial Note: The Chair declared the meeting
open at 10.37am and proceedings commenced with the Tauāki ā
roto by full council. The meeting then observed a minutes silence to
honour the passing of Her Majesty the Queen.
Ngā
whakapahā/Apologies (Item
3.0)
There were no apologies.
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 - 23 August 2022 (Item 5.1)
Report from Meloney Tupou, Māori Governance and
Engagement Support Admin
|
|
Moved
(Stolwerk/Craw)
That the minutes of the council
meeting held on 23 August 2022, be confirmed as a true and correct
record.
Carried
|
|
Receipt of Action
Sheet (Item 5.2)
Report from Chris Taylor, Governance Specialist
|
|
Moved (Kitchen/Macdonald)
That the action sheet be
received.
Carried
|
|
Financial Report to 31 August 2022 (Item 6.1)
Report from Vincent McColl, Financial Accountant and
Taka Skipwith, Financial Accountant
|
|
Moved (Stolwerk/Yeoman)
That the
report ‘Financial Report to 31 August 2022’ by Vincent McColl,
Financial Accountant and Taka Skipwith, Financial Accountant and dated 15
September 2022, be received.
Carried
|
|
Adoption of the 2022
Annual Report (Item 6.2)
Report from Simon Crabb, Finance Manager
|
|
Moved (Stolwerk/Yeoman)
1. That
the report ‘Adoption of the 2022 Annual Report’ by Simon Crabb,
Finance Manager and dated 6 September 2022, be received.
2. That
the council's audited Annual Report and financial statements for the year
ended 30 June 2022 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 2022
Annual Report compliance statement and letter of representation, and the
letters of representation in relation to the: 2021/22 debenture trust deed
report, and 2021/22 stock register report.
4. That
the Chief Executive Officer be authorised to make any minor editorial and
presentation changes to the 2022 Annual Report and Summary Annual Report if
required.
5. That
the Chief Executive Officer be authorised to approve the release of the 2022
Summary Annual Report pursuant to section 98(4) of the Local Government Act
2002.
Carried
|
|
Secretarial Note:
·
The Deloitte Limited Partner addressed the report (as the
appointed auditor on behalf of the Office of the Auditor General). It was
stated that the Annual Report was ‘in good shape to sign off’
with no unadjusted differences or disclosure deficiencies. Deloitte
made two observations:
1. That
council’s investment assets had grown significantly and it ‘may
be time to take a belts and braces approach to get a third party
review’. This could form part of council’s internal audit
programme.
2. That
all council investments should report on internal control requirements; in
line with council’s Statement of Investment and Policy Objectives
(SIPO).
·
Appreciation was extended to Deloitte for the ‘time
and expertise added to the process’. In turn Deloitte extended
appreciation to NRC staff and council’s Independent Financial Advisor for
delivering ‘high quality material’ on time.
|
|
Change to start date for incoming Chief
Executive Officer (Item 7.1)
Report from Beryl Steele, Human Resources Manager
|
|
Moved (Blaikie/Robinson)
1. That
the report ‘Change to start date for incoming Chief Executive
Officer’ by Beryl Steele, Human Resources Manager and dated 15
September 2022, be received.
2. That
the incoming Chief Executive Officer’s start date is brought forward to
1 October 2022 with him starting directly after the current Chief Executive
Officer’s contract finishes.
Carried
|
|
Tangata Whenua Water
Advisory Group - replacement members (Item
7.2)
Report from Alison Newell, Policy Specialist
|
|
Moved (Yeoman/Macdonald)
1. That
the report ‘Tangata Whenua Water Advisory Group - replacement
members’ by Alison Newell, Policy Specialist and dated 18 August 2022,
be received.
2. That
Sheila Taylor and Celia Witehira be appointed as members of the Tangata
Whenua Water Advisory Group.
Carried
|
|
Mātauranga
Māori Freshwater Framework (Item 7.3)
Report from Ben Lee, Planning and Policy Manager and
Jason Donaghy, Natural Resources Monitoring Manager
|
|
Moved (Robinson/Blaikie)
1. That
the report ‘Mātauranga Māori Freshwater Framework’ by Ben
Lee, Planning and Policy Manager and Jason Donaghy, Natural Resources
Monitoring Manager and dated 7 September 2022, be received.
2. That
the Mātauranga Māori Freshwater Framework will address:
a. the
involvement of tangata whenua in councils environmental monitoring (as set
out in action 7, Tāiki e)
b. the
support of tangata whenua with their freshwater monitoring (as set out in
action 8, Tāiki e)
c. the
involvement of tangata whenua in compliance monitoring (as set out in action
9, Tāiki e)
d. the
support of tangata whenua to undertake on-the-ground activities to improve te
mana o te wai.
3. That
the following process is followed for developing the Mātauranga
Māori Freshwater Framework:
a. Consultancy
services are employed to assist with preparing the framework
b. Staff
work with the Māori Technical Advisory Group (MTAG) to refine the scope
of the request for proposals for consultancy services and to determine the
criteria for selecting the successful consultant.
c. A
group consisting of three MTAG members (to be determined by MTAG) provide
advice to council staff on the award of the consultancy services. The
MTAG members to be paid a meeting allowance (in accordance with the
Non-elected Members Meetings Allowance Policy) for the meeting where advice
is provided to council staff.
d. The
award of the consultancy services be undertaken by at least two senior
council staff in accordance with council procurement procedures.
e. The
endorsement and adoption process for the framework be as follows:
i. MTAG
endorses it to TTMAC
ii. TTMAC
endorses to council
iii. Council
adopts.
Carried
|
|
Delegations for
decisions for resolving appeals on the Proposed Regional Plan for Northland (Item 7.4)
Report from Michael Payne, Policy Specialist
|
|
Moved (Kitchen/Craw)
1. That
the report ‘Delegations for decisions for resolving appeals on the
Proposed Regional Plan for Northland’ by Michael Payne, Policy
Specialist and dated 7 September 2022, be received.
2. That
in the period between 7 October 2022 and 1 February 2023, council delegates
to the Chief Executive Officer the authority to make decisions on the
Proposed Regional Plan for Northland, in relation to appeals before the
Environment Court.
Carried
|
|
Secretarial Note
·
Appreciation was extended to the Planning and Policy Team
for their efforts to get the Proposed Regional Plan for Northland to its
current status.
·
Councillor Yeoman, who was finishing her tenure with
council, was acknowledged for her expertise and valuable input into the
process.
|
|
Water Resilience Fund
- Long Term Plan Year 2 and 3 Allocations
(Item 7.5)
Report from Tony Phipps, Contracted Advisor
|
|
Moved (Craw/Macdonald)
1. That
the report ‘Water Resilience Fund - Long Term Plan Year 2 and 3
Allocations’ by Tony Phipps, Contracted Advisor and dated 9 September
2022, be received.
Carried
|
|
It was further moved (Blaikie/Yeoman)
2. That
council approves the Water Resilience Fund grant to Te Roroa Development
Group: up to $150,000 in 2022-23 for Kaihu Wai Inu Pai.
Carried
|
|
It was further moved (Blaikie/Robinson)
3. That
council approves the Water Resilience Fund grant to Te Puna Aroha Putea
Whakapapa (Charitable Trust); up to $230,000 in 2022-23 for Otiria Te Kaha o
te Wai.
Carried
|
|
It was further moved (Craw/Stolwerk)
4. That
council approves the Water Resilience Fund grant to Te Kotahitanga E Mahi
Kaha Trust: up to $260,000 ($120,000 in 2022-23 and $140,000 in 2023-24) for
Waima and Tautoro Community Water Proposal.
Carried
|
|
Secretarial Note:
·
Te Kotahitanga E Mahi Kaha Trust Operations Manager was in
attendance and extended appreciation to council for its continued support of
the Waima and Tautoro Community Water Proposal.
·
There was merit in council confirming funding in advance as
it provided certainty for providers, particularly those with projects
spanning multiple financial years, and also allowed sufficient lead time for
set up by providers.
|
|
It was further moved (Stolwerk/Robinson)
5.
That council approves the Water Resilience Fund grant to Te Runanga o
Ngāti Hine: up to $225,000 in 2023-24 for Tanks A Lot.
Carried
|
|
Electric Car Charging
Expansion and Vehicle Purchasing Policy (Item
7.6)
Report from Phil Heatley, Strategic Projects and
Facilities Manager and Glen McKenzie, Vehicle Fleet Coordinator
|
|
Moved (Stolwerk/Blaikie)
1. That
the report ‘Electric Car Charging Expansion and Vehicle Purchasing
Policy ’ by Phil Heatley, Strategic Projects and Facilities Manager and
Glen McKenzie, Vehicle Fleet Coordinator and dated 10 September 2022, be
received.
2. That
up to $80,000 + GST of unbudgeted capital expenditure is approved to fund the
expansion of Water Street Office’s electric vehicle charging capacity.
3. That,
as a variation to council’s Procurement Policy, Hubands Energy be
approved as the preferred contractor for the electric vehicle charging
expansion
4. That
the purchase policy for the Chairperson’s vehicle, including the
maximum vehicle purchase value, is to match the determination set by the
Renumeration Authority under the Renumeration Authority Act 1977.
5. That
the maximum purchase value for the Chief Executive Officer’s vehicle is
to match the maximum vehicle purchase value for the Chairperson’s
vehicle.
Carried
|
|
Secretarial Note: It was suggested that NRC
should share its experience in the use of electric vehicles and charging
stations with the Te Taitokerau Māori and Council working party given
the benefits it could provide to remote communities, marae and schools that
were impacted by rising fuel costs.
|
|
Minor Amendment to
Regional Pest Plan (Item 7.7)
Report from Don McKenzie, Pou Tiaki Pūtaiao - GM
Biosecurity and Raymond Tana, Biosecurity Specialist - Freshwater Pests
|
|
Moved (Craw/Macdonald)
1. That
the report ‘Minor Amendment to Regional Pest Plan’ by Don
McKenzie, Pou Tiaki Pūtaiao - GM Biosecurity and Raymond Tana,
Biosecurity Specialist - Freshwater Pests and dated 14 September 2022, be
received.
2. That
council approves a minor amendment to the Pest Plan by council resolution
under the Biosecurity Act 1993 section 100(g) (4) to add “Cyprinus
rubrofuscus, commonly known as Asian Koi carp” to the Pest Plan
where it is appropriate.
3. That
the council approves a minor amendment to the Pest Plan by council resolution
under the Biosecurity Act 1993 section (g) (4) to add the name
“European Koi carp” alongside the species name Cyprinus carpio
where it is appropriate.
Carried
|
|
NRC Tiriti Organisational
Review (Te Tiriti Health Check) (supplementary
Item 7.8)
Report from Auriole Ruka, Pou Manawhakahaere - GM
Governance and Engagement and Kim Peita, Māori Relationships Manager
|
|
Moved (Robinson/Yeoman)
1. That
the report ‘NRC Tiriti Organisational Review (Te Tiriti Health
Check)’ by Auriole Ruka, Pou Manawhakahaere - GM Governance and
Engagement and Kim Peita, Māori Relationships Manager and dated 15
September 2022, be received.
2. That
council receive the final report and recommendations of the Te Tiriti
Organisational Review (Te Tiriti Health Check) prepared by Buddle Findlay and
Whaia Legal (subject to any final minor, graphic, structural or grammatical
changes or amendments recommended by the Chief Executive Officer).
Carried
|
|
Secretarial Note: Appreciation was extended to
all involved in the development of the Te Tiriti Health Check’ which
was described as a ‘leading edge piece of work’ and would provide
an invaluable platform for the next council to ‘continue on this
journey with vigour’.
|
|
Chair's Report to Council (Item 8.1)
Report from Penny Smart, Chair
|
|
Moved (Smart/Stolwerk)
That the report ‘Chair's
Report to Council’ by Penny Smart, Chair and dated 12 September 2022,
be received.
Carried
|
|
Chief
Executive’s Report to Council (Item 8.2)
Report from Malcolm Nicolson, Tumuaki - Chief Executive
Officer
|
|
Moved (Yeoman/Stolwerk)
That the report ‘Chief
Executive’s Report to Council’ by Malcolm Nicolson, Tumuaki -
Chief Executive Officer and dated 31 August 2022, be received.
Carried
|
|
Secretarial Note: The Chief Executive
Officer, who was finishing his tenure with council, expressed his
‘immense pride in the work delivered by staff’ and extended
appreciation to elected members for their support. In turn the Chief
Executive was acknowledged for his ‘foresight in what has been
achieved’ and the delivery of services and infrastructure which would
put Te Taitokerau in good stead going forward.
|
|
Residents' survey results
to year end 30 June 2022 (Item 8.3)
Report from Kyla Carlier, Corporate Strategy Manager
|
|
Moved (Macdonald/Stolwerk)
That the report ‘Residents'
survey results to year end 30 June 2022’ by Kyla Carlier, Corporate
Strategy Manager and dated 27 July 2022, be received.
Carried
|
|
Chief Executive
Officer's Key Performance Indicators - final report (Item 8.4)
Report from Kyla Carlier, Corporate Strategy Manager
|
|
Moved (Yeoman/Stolwerk)
That the report ‘Chief
Executive Officer's Key Performance Indicators - final report’ by Kyla
Carlier, Corporate Strategy Manager and dated 19 September 2022, be received.
Carried
|
|
Secretarial Note: It was acknowledged that the
ongoing impacts of Covid-19 had compromised achieving some targets.
However, there was agreement that they were exceptional results given the
challenging circumstances.
|
|
Receipt of Committee Minutes (Item 9.1)
Report from Meloney Tupou, Māori Governance and
Engagement Support Admin
|
|
Moved (Stolwerk/Kitchen)
That the unconfirmed minutes of
the:
· Kaipara
Moana Remediation Joint Committee 15 August 2022.
· Joint
Climate Change Adaptation Committee 29 August 2022.
· Civil
Defence Emergency Management Group Committee 6 September 2022.
be received.
Carried
|
|
Secretarial Note:
·
Attention was drawn to the significant work being progressed
and the learnings being generated through the Kaipara Harbour Remediation
Committee; the impact of which was described as ‘monumental’ for
Northland.
·
The Whangārei Mayor, Councillor Kitchen and the
GM – Community Resilience, who were all finishing in their current
roles, were acknowledged for their contribution to Civil Defence Emergency
Management in Northland.
|
|
Working Party Updates
and Chairpersons' Briefings (Item 9.2)
Report from Sally Bowron, Strategy, Governance and
Engagement Team Admin/PA
|
|
Moved (Blaikie/Macdonald)
That the report
‘Working Party Updates and Chairpersons' Briefings’ be received.
Carried
|
|
Secretarial Note: The
Chair/Co-Chair of each of the working parties provided a concluding update
for the triennium.
|
Closing remarks
·
Being the last council meeting the Chair reflected on the
triennium which had been both busy and disruptive with Covid-19 leading to a
new way of working. Council was acknowledged for its ‘professional
and patient’ approach and its achievements over the three years.
Appreciation was extended to the contribution of all councillors during this
time, with special acknowledgement of those standing down.
·
The Chief Executive congratulated council on the ‘huge and
positive effect’ it had made on the organisation, the region and the
wider sector. Council was acknowledged for its ‘exceptional
leadership’ and it was stressed that the ‘unity and collaboration
of council cannot be overstated’. The incoming Chief Executive was
also acknowledged.
Kaupapa ā Roto/Business with Public Excluded (Item 10.0)
|
Moved
(Stolwerk/Macdonald)
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 Confidential Minutes - 23 August 2022
|
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
|
Human
Resources Report - August 2022
|
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).
|
|
10.3
|
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 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).
|
|
10.4
|
Progressing
an Investment Property Redevelopment
|
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).
|
|
10.5
|
Nomination
of Directors to Marsden Maritime Holdings Limited
|
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).
|
|
10.6
|
Independent
Director Nomination
|
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).
|
|
10.7
|
Bonus
Payment
|
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).
|
3.
That the Independent Financial Advisor be permitted to stay during
business with the public excluded.
Carried
|
Secretarial Note: The meeting adjourned at
12.22pm and reconvened at 12.35pm to address business with the public excluded.
Whakamutunga (Conclusion)
The meeting concluded at 12.59pm.