Council Meeting

22 November 2022

 Northland Regional Council Minutes

Meeting held in the Council Chamber

36 Water Street, Whangārei

on Tuesday 22 November 2022, commencing at 10.30am

Tuhinga/Present:

Chairperson, Tui Shortland

Councillors:

John Blackwell

Joe Carr

Jack Craw

Peter-Lucas Jones

Amy Macdonald

Marty Robinson

Rick Stolwerk

I Tae Mai/In Attendance:

Full Meeting

Independent Financial Advisor

Tāhūhū Rangapū - Chief Executive Officer

Pou Taumatua - GM Corporate Services

Pou Manawhakahaere - GM Governance and Engagement

Pou Whakaritenga - GM Regulatory Services

Acting Pou Tiaki Hapori - GM Community Resilience

Pou Tiaki Taiao - GM Environmental Services

Pou Tiaki Pūtaiao - GM Biosecurity

Biosecurity Manager – Weeds & Freshwater

Biosecurity Manager – Marine

Biosecurity Manager Partnerships – Deputy GM

Rivers and Natural Hazards Manager

Governance Specialist

Part Meeting

Finance Manager

Māori Engagement Manager

Financial Accountant

Resource Management – Strategic Policy Specialist

Policy Planner

Secretarial Note: The Chair declared the meeting open at 10.32am and proceedings commenced with the Karakia Timatanga – Tauāki ā roto by full council.  Councillor Jones then proceeded with a mihi.

Ngā whakapahā/Apologies (Item 3.0)

Moved (Carr/Robinson)

That the apologies from Councillor Crawford for non-attendance be received.

Carried

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 - 25 October 2022 (Item 5.1)

Report from Chris Taylor, Governance Specialist

Moved (Stolwerk/Robinson)

That the minutes of the council meeting held on 25 October 2022 be confirmed as a true and correct record.

Carried

Financial Report to 31 October 2022 (Item 6.1)

Report from Taka Skipwith, Financial Accountant

Moved (Craw/Jones)

That the report ‘Financial Report to 31 October 2022’ by Taka Skipwith, Financial Accountant and dated 10 November 2022, be received.

Carried

Secretarial Note:  The GM – Corporate Services and Independent Financial Advisor both addressed the report, which detailed council’s position four months into the financial year.  Given the current volatility in the markets, council was described as being in a ‘good position year to date’.

Update to Financial Delegations - November 2022 (Item 6.2)

Report from Anan Thiru, Accounting Assistant - Treasury and Projects and Simon Crabb, Finance Manager

Moved (Stolwerk/Craw)

1.         That the report ‘Update to Financial Delegations - November 2022’ by Anan Thiru, Accounting Assistant - Treasury and Projects and Simon Crabb, Finance Manager and dated 4 November 2022, be received.

2.         That Ruben Wylie is ratified as an authorised signatory of council’s bank accounts

3.         That Taka Skipwith is ratified as an authorised signatory of council’s bank accounts

4.         That council’s Delegation Manual is updated to reflect Attachment 1 (pertaining to item 6.2 of the 22 November 2022 council agenda).

Carried

Confirmation of governance structure, membership and councillor portfolios (Item 7.1)

Report from Chris Taylor, Governance Specialist and Auriole Ruka, Pou Manawhakahaere - GM Governance and Engagement

Moved (Craw/Macdonald)

1.         That the report ‘Confirmation of governance structure, membership and councillor portfolios’ by Chris Taylor, Governance Specialist and Auriole Ruka, Pou Manawhakahaere - GM Governance and Engagement and dated 4 November 2022, be received.

2.         That Northland Regional Council establishes the following committees, subcommittees and working parties and approves the Terms of Reference for each (as detailed in Appendix One):

a.    Regional Land Transport Committee^[1]

b.    Investment and Property Subcommittee

c.    Audit and Risk Subcommittee

d.    Natural Resources Working Party

e.    Biosecurity and Biodiversity Working Party

f.     WDC/NRC Whangārei Public Transport Working Party

3.         That the Northland Regional Council reaffirms the continuation of the Te Taitokerau Māori and Council Working Party (TTMAC) - that was deemed by the previous council not to be discharged on the coming into office of the council elected at the October 2022 triennial elections - and its Terms of Reference (as detailed in Appendix Seven pertaining to Item 7.1 of the 22 November 2022 council agenda).^[2]

4.         That the Terms of Reference for joint committees and the Te Taitokerau Māori and Council Working Party be reviewed by the respective joint committees and TTMAC at their first meeting.  Any amendments agreed upon are to be brought back to respective councils for ratification.

5.         That the council approves the membership of the subcommittees, joint committees and working parties, including the appointment of the Chairperson as ex-officio to all subcommittees and working parties, as set out in the body of this report and attachments.

6.         That the Chairperson of each committee, subcommittee and working party report verbally to council monthly on their activities at the ordinary council meeting.

7.         That the council appoints councillors to the following River Working Groups in the following roles:

Memberships / Delegation	Councillor
Kāeo-Whangaroa River Working Group	Cr M Robinson as Chair (Alternate Cr J Carr)
Kaihū River Working Group	Cr J Blackwell as Chair
Kerikeri River Working Group	Cr J Carr as Chair (Alternate Cr M Robinson)
Ruakākā River Working Group	Cr R Stolwerk as Chair
Taumārere River Working Group	Cr G Crawford and Community Member as Co-Chairs (Alternate Cr J Carr)
Urban Whangārei Working Group	Cr J Craw as Chair
Awanui River Working Group	Cr J Carr as Chair (Alternate Cr P Jones)

8.         That the council confirms the following councillor portfolios:

Memberships / Delegation	Councillor
Appeals on Regional Plan	Cr A Macdonald
Kaipara Moana Working Party	Cr T Shortland and Cr P Jones
Northland Conservation Board	Cr G Crawford
Northland Sports Facilities Plan (Sport Northland)	TBA at such time Sport Northland has confirmed its governance arrangements.
Shareholder representative for Northland Marsden Maritime Holdings Ltd (Delegating all necessary authority to represent the council’s interest including but not limited to exercising council’s vote at Annual General Meetings and giving effect to council’s shareholder resolutions).	Cr T Shortland
Shareholder representative for Northland Inc Ltd (Delegating all necessary authority to represent the council’s interest including but not limited to exercising the council’s vote at Annual General Meetings and giving effect to council’s shareholder resolutions)	Cr P Jones
Shareholder representative on Regional Software Holdings Ltd. (Delegating all necessary authority to represent the council’s interest including but not limited to exercising the council’s vote at Annual General Meetings and giving effect to council’s shareholder resolutions)	Cr T Shortland
Upper North Island Strategic Alliance (UNISA)	Cr T Shortland
Zone one (LGNZ)	Cr T Shortland

9.         That the appointments detailed in recommendations 7 and 8 above constitutes as the local authority’s business.  Hence appointed members can claim vehicle and travel time allowances.

10.      That the governance structure established at this meeting be reviewed for effectiveness and possible improvements after ten months of operation.

11.      That based on the allocation of responsibilities outlined in the body of this report and Attachment One  “Proposed New Governance Structure for the 2022-2025 Triennium”, that the pool for higher duties allowance of $580,951 be fully allocated as follows:

a)    That the Deputy Chair receives a higher duties allowance of $10,000, bringing the Deputy Chair total salary to $81,368.88.

b)    That remaining councillors receive a higher duties allowance of $17,658.88 each, bringing councillors total salary to $71,368.88.  This is based on the underpinning principle of council that additional duties will be apportioned in such a manner that there will be an equitable workload between councillors.

12.      That the higher duties allocation set out above (supplemented by the appropriate supporting information), be provided to the Remuneration Authority.

13.      That council appoints Councillor Simon Reid (principal) and Councillor Phil Halse (alternate) to represent the Whangarei District Council on the Regional Transport Committee^[3] (noting that Far North and Kaipara District councils representatives will be brought to council for formal endorsement on receipt of nomination).

Carried

Annual Report on the Biosecurity Operational Plan (Item 7.2)

Report from Don McKenzie, Pou Tiaki Pūtaiao - GM Biosecurity

Secretarial Note:  The Pou Tiaki Pūtaiao - GM Biosecurity, Don McKenzie, provided an introductory presentation which outlined council’s roles and responsibilities under the Biosecurity Act 1993 as well as council’s biosecurity plans and current direction.

Moved (Macdonald/Craw)

1.         That the report ‘Annual Report on the Biosecurity Operational Plan’ by Don McKenzie, Pou Tiaki Pūtaiao - GM Biosecurity and dated 18 October 2022, be received.

2.         That council adopts the Biosecurity Annual Report as the record of actions undertaken during the 2021-2022 year and in accordance with the objectives of the Pest Management and Marine Pathway Management Plan 2017-2027.

3.         That the Biosecurity Group Manager be delegated authority to make any minor design, editing, grammatical or accuracy amendments, prior to the Annual Report being published.

Carried

Secretarial Note:  Appreciation was extended to the biosecurity team for their work finalising the Annual Report.

Regional Rates Collection - update to 30 September 2022 (Item 7.3)

Report from Simon Crabb, Finance Manager

Moved (Carr/Macdonald)

That the report ‘Regional Rates Collection - update to 30 September 2022’ by Simon Crabb, Finance Manager and dated 3 November 2022, be received.

Carried

Secretarial Note:  Council to remain vigilant to rates collection given the slightly lower collection rates and higher rate arrears outstanding, which were consistent across all the district councils at the end of the first quarter.

Council submission - National direction for plantation and exotic carbon afforestation (Item 7.4)

Report from Justin Murfitt, Strategic Policy Specialist

Moved (Macdonald/Stolwerk)

1.         That the report ‘Council submission - National direction for plantation and exotic carbon afforestation’ by Justin Murfitt, Strategic Policy Specialist and dated 1 November 2022, be received.

2.         That council retrospectively approve the submission (included as on National direction for plantation and exotic carbon afforestation.

Carried

Secretarial Note:  Appreciation was extended to the staff involved in compiling the submission.

Council submissions - Draft Kaipara District Plan and Far North District Plan (Item 7.5)

Report from Ingrid Kuindersma, Policy Planner

Moved (Macdonald/Blackwell)

1.         That the report ‘Council submissions - Draft Kaipara District Plan and Far North District Plan’ by Ingrid Kuindersma, Policy Planner and dated 2 November 2022, be received.

2.         That council retrospectively approve the attached submissions on the Draft Kaipara District Plan and the Proposed Far North District Plan.

Carried

Secretarial Note: Staff to take into account feedback from the meeting as the two district plans progressed (viability of desalination plants in coastal locations, stormwater design and the use of swales only where there was no risk of land destabilisation and promotion of self-storage of water).

Health and safety report (Item 8.1)

Report from Beryl Steele, Human Resources Manager

Moved (Jones/Robinson)

That the report ‘Health and safety report’ by Beryl Steele, Human Resources Manager and dated 25 October 2022, be received.

Carried

Secretarial Note:  The Human Resources Manager provided a verbal overview of the contents of the Health and Safety Report.

Chief Executive’s Report to Council (Item 8.2)

Report from Jonathan Gibbard, Tāhūhū Rangapū  - Chief Executive Officer

Moved (Carr/Blackwell)

That the report ‘Chief Executive’s Report to Council’ by Jonathan Gibbard, Tāhūhū Rangapū  - Chief Executive Officer and dated 13 October 2022, be received.

.Carried

Secretarial Note:  

· A correction to page 9 of the report, to read Oakura (wastewater treatment plant).

·  Confirmation was provided that the NIWA Kingfish Project was on track for the fish to enter the tanks around Christmas.

·  It was advised that the 2029 expiry date for the Taipā wastewater treatment plan was designed to allow sufficient time to investigate land disposal to address the concerns of iwi/hapu.

Reporting on Long Term Plan 2021-2031 Performance Measures for Quarter One of the 2022/23 Year (Item 8.3)

Report from Robyn Broadhurst, Corporate Planning Specialist

Moved (Jones/Stolwerk)

            That the report ‘Reporting on Long Term Plan 2021-2031 Performance Measures for Quarter One of the 2022/23 Year ’ by Robyn Broadhurst, Corporate Planning Specialist and dated 14 October 2022, be received.

Carried

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

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
9.1	Human Resources Report - September and October 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).
9.2	Purchase of Properties for Awanui Flood Scheme Upgrade	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).

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

Carried

Whakamutunga (Conclusion)

The meeting concluded at 11.47am.

Confirmed as a true and correct record 13 December 2022

Chair Tui Shortland

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[1] In accordance with section 105(1) of the Land Transport Management Act 2003.

[2] Note: The Civil Defence Emergency Management Group continues in perpetuity (in accordance with section 12(2) of the Civil Defence Emergency Management Act 2002); as does Te Oneroa-a-Tōhē Beach Board (in accordance with section 62(2)(b) of the Te Hiku Claims Settlement Bill).  The Kaipara Harbour Remediation Committee, the Joint Regional Economic Development Committee and the Joint Climate Change Adaptation Committee were not discharged at the end of the triennium (in accordance with their Terms of Reference adopted by all founding members).

[3] In accordance with section 105(2) of the Land Transport Management Act 2003.