Minutes of Council Meeting - Tuesday, 28 November 2023

Council Meeting

28 November 2023

Northland Regional Council Minutes

Meeting held in the Council Chamber

36 Water Street, Whangārei

on Tuesday 28 November 2023, commencing at 10.00am

Tuhinga/Present:

Councillors:

John Blackwell

Joe Carr

Jack Craw

Geoff Crawford (Chairperson from 10.29am)

Peter-Lucas Jones

Amy Macdonald

Marty Robinson (left meeting 1.05 – 1.09pm)

Tui Shortland (Chairperson from 10.02 – 10.29am, left meeting 1.20 – 1.25pm, left meeting 1.50 – 2.04pm)

Rick Stolwerk (left meeting 11.56 – 11.58am)

I Tae Mai/In Attendance:

Full Meeting

Independent Financial Advisor

Independent Māori Advisor

Pou Taumatua - GM Corporate Services

Pou Manawhakahaere - GM Governance and Engagement

Pou Whakaritenga - GM Regulatory Services

Pou Tiaki Pūtaiao GM – Biosecurity

GM - Community Resilience

Human Resources Manager

Governance Specialists (x2)

Part Meeting

Independent Risk Advisor

Tāhūhū Rangapū - Chief Executive Officer

Pou Tiaki Taiao - GM Environmental Services

Corporate Strategy Manager (Via audio-visual link)

Strategic Projects and Facilities Manager

Finance Manager (Via audio-visual link)

Communications Manager

Management Accountant (Via audio-visual link)

Financial Accountant (Via audio-visual link)

Economist

Policy Specialist (Via audio-visual link)

Media Specialist

Māori Cultural Advisor

Māori Engagement and Governance Support Administration

Executive Assistant to the Chief Executive Officer

Personal Assistant to the GM – Environmental Services

Secretarial Note: The Chair declared the meeting open at 10.02am. The Māori Cultural Advisor provided a mihi and karakia to commence proceedings, which was acknowledged with a waiata. Councillor Jones responded on behalf of council, which was also acknowledged with a waiata.

Ngā whakapāha/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 Item 5.2: Revised Letter of Resignation from Chairperson (Item 4.0A)

Report from Chris Taylor, Governance Specialist

Moved (Shortland/Carr)

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

· Item 5.2: Revised Letter of Resignation from Chairperson.

Carried

Chair's Report (Item 5.1)

Report from Rae Hetaraka, Executive Assistant to the Chair

Councillor Tui Shortland, who was resigning from her position as Chairperson of council (at such time council addressed Item 5.2: ‘Election of Chairperson’, in accordance with the revised letter of resignation), reflected on her tenure. It was noted that it was not an easy decision to stand down from the role and appreciation was extended to staff, council’s community partners and all that had contributed to the shared vision for Te Taitokerau.

Secretarial Note:

· The Chair’s verbal address was acknowledged with a waiata.

· The Chair advised that Item 5.3: ‘Consideration to remove and replace the Deputy Chairperson’ would be addressed as the next item of business. Recommendations 1 and 2 pertaining to Item 5.3 were addressed prior to council moving to Item 5.2: ‘Election of Chairperson’. The Chair facilitated the process to appoint an Interim Chairperson (as per Standing Order 14.1) prior to standing down from her role.

Election of Interim Chairperson

Moved (Carr/Crawford)

1. That in the event that more than one nomination for the Interim Chairperson (to facilitate Item 5.2: ‘Election of Chair’) is received, voting System A as specified in clause 25 of Schedule 7 of the Local Government Act 2002 be used for the election of the Interim Chairperson.

Carried

Secretarial Note: The Chair called for nominations for the position of Interim Chairperson to facilitate Item 5.2: ‘Election of Chairperson’.

It was further moved (Carr/Crawford)

1a. That Councillor Blackwell be nominated as the Interim Chairperson (to facilitate Item 5.2: ‘Election of Chairperson’).

Secretarial Note:

· Councillor Blackwell accepted the nomination as Interim Chairperson.

· Given no further nominations were forthcoming, Councillor Blackwell was appointed the Interim Chairperson and presided over the meeting from this time.

Election of Chairperson (Item 5.2)

Report from Jonathan Gibbard, Tāhūhū Rangapū - Chief Executive Officer

Moved (Carr/Crawford)

1. That the report ‘Election of Chairperson’ by Jonathan Gibbard, Tāhūhū Rangapū - Chief Executive Officer and dated 21 November 2023, be received.

Carried

It was further moved (Carr/Crawford)

2. That council notes the resignation of Councillor Shortland as Chairperson of the Northland Regional Council effective as at 10.29am on 28 November 2023.

Carried

It was further moved (Stolwerk/Craw)

3. That in the event that more than one nomination for Chairperson is received, voting System A as specified in clause 25 of Schedule 7 of the Local Government Act 2002 be used for the election of the Chairperson.

Carried

Secretarial Note: The Interim Chairperson called for nominations for the position of Chairperson of the Northland Regional Council.

Moved (Stolwerk/Robinson)

4a. That Councillor Craw be nominated as Chairperson of the Northland Regional Council.

Moved (Shortland/Carr)

4b. That Councillor Crawford be nominated as Chairperson of the Northland Regional Council.

Secretarial Note:

· As per System A the election of the Chairperson of the Northland Regional Council was put to the vote. The result being Councillors Craw, Macdonald, Robinson and Stolwerk in support of the nomination of Councillor Craw and Councillors Blackwell, Carr, Crawford, Jones and Shortland in support of the nomination of Councillor Crawford. Councillor Crawford was therefore declared the new Chairperson of the Northland Reginal Council.

· The Chief Executive Officer invited the newly elected Chair, Councillor Crawford, to make and sign the declaration to enable him to carry out his duties as Chairperson; as required by law. The Chair executed his declaration in English. The Chief Executive Officer then witnessed the declaration with his signature.

· The newly appointed Chair then presided over the remainder of the council meeting.

· The meeting adjourned at 10.49am and reconvened at 10.57am. At this time council addressed recommendations 3 and 4 pertaining to Item 5.3: ‘Consideration to remove and replace the Deputy Chairperson’.

Secretarial Note: Item 5.3 (recommendations 1 and 2) were addressed prior to Item 5.2; ‘Election of Chairperson’.

Consideration to remove and replace the Deputy Chairperson (Item 5.3)

Report from Jonathan Gibbard, Tāhūhū Rangapū - Chief Executive Officer

Moved (Shortland/Jones)

1. That the report ‘Consideration to remove and replace the Deputy Chairperson
’ by Jonathan Gibbard, Tāhūhū Rangapū - Chief Executive Officer and dated 21 November 2023, be received.

Carried

(In putting the motion the Chair called for an expression of opinion by a show of hands. The result being Councillors Blackwell, Carr, Crawford, Jones and Shortland in favour of the motion and Councillors Craw, Macdonald, Robinson and Stolwerk against).

It was further moved (Carr/Jones)

2. That council remove Councillor Craw from the position of Deputy Chairperson of Northland Regional Council.

Carried

The procedural motion was moved (Shortland/Jones)

2a. That recommendations 3 and 4 pertaining to Item 5.3: ‘Consideration to remove and replace the Deputy Chairperson’ lie on the table until such time council has addressed Item 5.2: ‘Election of Chairperson’.

Carried

(Councillor Stolwerk voted against the motion. Councillor Robinson abstained from voting.)

Secretarial Note: Following the election of the new Chairperson of the Northland Regional Council the meeting adjourned at 10.49am. The meeting reconvened at 10.57am and at this time council addressed recommendations 3 and 4 pertaining to Item 5.3.

Moved (Macdonald./Carr)

3. That in the event that more than one nomination for Deputy Chairperson is received, voting System A as specified in clause 25 of Schedule 7 of the Local Government Act 2002 be used for the election of the Deputy Chairperson.

Carried

Secretarial Note: The Chair called for nominations for the position of Deputy Chair of the Northland Regional Council.

Moved (Robinson/Stolwerk)

4a. That Councillor Craw be nominated as Deputy Chairperson of the Northland Regional Council.

Moved (Carr/Jones)

4b. That Councillor Shortland be nominated as Deputy Chairperson of the Northland Regional Council.

Secretarial Note:

· As per System A the election of the Deputy Chairperson of the Northland Regional Council was put to the vote. The result was Councillors Craw, Macdonald, Robinson and Stolwerk in support of the nomination of Councillor Craw and Councillors Blackwell, Carr, Crawford, Jones and Shortland in support of the nomination of Councillor Shortland. Councillor Shortland was therefore declared the new Deputy Chairperson of council.

Notices of Motion in relation to the Governance Structure (Item 5.4)

Report from Chris Taylor, Governance Specialist

The procedural motion was moved (Robinson/Stolwerk)

That the Notices of Motion in relation to the Governance Structure lie on the table and not be further discussed until such time governance has met to discuss the way forward.

Lost

(In putting the motion the Chair called for an expression of opinion by a show of hands. The result being Councillors Craw, Macdonald, Robinson and Stolwerk in favour of the motion and Councillors Blackwell, Carr, Crawford, Jones and Shortland against).

Moved (Carr/Shortland)

1. That the report ‘Notices of Motion in relation to the Governance Structure’ by Chris Taylor, Governance Specialist, and dated 21 November 2023, be received.

Carried

It was further moved (Jones./Blackwell)

2. That the Northland Regional Council remove Councillor Marty Robinson, who is Co-Chair of Te Taitokerau Māori and Council Working Party, and replace with Councillor Tui Shortland as Co-Chair for Te Taitokerau Māori and Council Working Party (refer to Attachment One pertaining to Item 5.4 of the 28 November council meeting agenda).

Carried

It was further moved (Carr/Jones)

3a. That the Northland Regional Council replace Councillor Amy Macdonald with Councillor John Blackwell as the NRC representative on the Joint Climate Change Adaptation Committee.

3b. That the Northland Regional Council replace Councillor Jack Craw with Councillor Geoff Crawford as NRC’s alternative representative on the Joint Climate Change Adaptation Committee. (refer to Attachment Two pertaining to Item 5.4 of the 28 November 2023 council meeting agenda)..

Carried

It was further moved (Carr/Blackwell)

4a. That the Northland Regional Council replace Councillor Rick Stolwerk with Councillor Geoff Crawford as the NRC representative on the Northland Civil Defence and Emergency Management Group.

4b. That the Northland Regional Council replace Councillor Jack Craw with Councillor Tui Shortland as NRC’s alternate representative on the Northland Civil Defence and Emergency Management Group. (refer to Attachment Two pertaining to Item 5.4 of the 28 November 2023 council meeting agenda).

Carried

It was further moved (Blackwell/Shortland)

5. That the Northland Regional Council replace Councillor Marty Robinson with Councillor Geoff Crawford as the NRC representative on the Joint Regional Economic Development Committee (refer to Attachment Three pertaining to Item 5.4 of the 28 November 2023 council meeting agenda).

Secretarial Note: Councillor Stolwerk left the meeting at 11.56am.

Carried

It was further moved (Blackwell/Jones)

6. That the Northland Regional Council replace Councillor Jack Craw with Councillor Joe Carr as a member of the Biosecurity and Biodiversity Working Party (refer to Attachment Four pertaining to Item 5.4 of the 28 November 2023 council meeting agenda).

Secretarial Note: Councillor Stolwerk returned at 11.58am.

Carried

It was further moved (Crawford/Carr)

7a. That the Northland Regional Council remove Councillor Amy MacDonald and replace with Councillor Tui Shortland as Chair of the Natural Resources Working Party.

7b. That the Northland Regional Council remove Councillor Marty Robinson and replace with Councillor John Blackwell as a member of the Natural Resources Working Party (refer to Attachment Five pertaining to Item 5.4 of the 28 November 2023 council meeting agenda).

Carried

Secretarial Note: The meeting adjourned at 12.07pm and reconvened at 12.30pm.

Moved (Jones/Shortland)

8. That the Northland Regional Council agree in principle to merge the Audit and Risk Sub-Committee and Investment and Property Sub-Committee, within three months, noting a review of membership will be necessary and terms of reference amended to support the merge (refer to Attachment Six pertaining to Item 5.4 of the 28 November 2023 council agenda).

Carried

Secretarial Note: It was requested that consideration be given to providing translation services from English to Te Reo for council meetings (noting the current arrangement was to provide translation services from Te Reo to English).

It was further moved (Carr/Blackwell)

9. That the Northland Regional Council approves the establishment of an Infrastructure Standing Committee. (refer to Attachment Seven pertaining to Item 5.4 of the 28 November 2023 council agenda).

Carried

Secretarial Note: The Terms of Reference for the Infrastructure Standing Committee to be prepared as soon as practicable for formal council adoption.

It was further moved (Jones/Carr)

10. That the current NRC councillor remuneration package is reviewed, with a view to council agreeing on an improved remuneration structure and package at the 27 February 2024 council meeting (refer to Attachment Eight of the 28 November 2023 council meeting agenda).

Carried

Secretarial Note: Councillor Robinson left the meeting at 1.05pm.

Items of business to lie on the table

The procedural motion was moved (Crawford/Blackwell)

That the following items should lie on the table until the 12 December 2023 council meeting:

· Item 7.2: ‘Review of the Regional Policy Statement for Northland’;

· Item 8.2: ‘Reporting on Long Term Plan 2021 – 2031 Performance Measures for Quarter One of the 2023/23 Year; and

· Confidential Item 10.2: People and Culture Report’.

Carried

Secretarial Note: Councillor Robinson returned at 1.09pm.

Notice of Motion - Procurement of legal advice (Item 5.5)

Report from Chris Taylor, Governance Specialist

Moved (Jones/Shortland)

1. That the report ‘Notice of Motion – Procurement of legal advice’ by Chris Taylor, Governance Specialist, and dated 21 November 2023, be received.

2. That any future intention to procure any future legal advice by Northland Regional Council about the legislative process to remove and replace the Chair and or Deputy, or Appendices 7 of the Standing Orders of NRC is brought to the attention of full council, and any legal advice received is provided to the full council, promptly (refer to Attachment One pertaining to Item 5.5 of the 28 November 2023 council meeting agenda).

Carried (unanimously)

Confirmation of Minutes - 24 October 2023 (Item 5.6)

Report from Meloney Tupou, Māori Governance and Engagement Support Admin

Moved (Craw/Carr)

That the minutes of the council meeting held on 24 October 2023, be confirmed as a true and correct record and that these be duly authenticated with the Chair’s electronic signature.

Carried

Financial Report to 31 October 2023 (Item 6.1)

Report from Taka Skipwith, Financial Accountant

Moved (Carr/Blackwell)

That the report ‘Financial Report to 31 October 2023’ by Taka Skipwith, Financial Accountant and dated 14 November 2023, be received.

Carried

Secretarial Note: The GM Corporate Services provided an update on council’s managed funds. It was advised that for the month of October the managed funds had incurred unrealised losses of $109k. Taking this into account the cumulated (unrealised) losses for the four months to the end of October were $761k. However, by 17 November 2023 the managed funds had increased by $1.4m offsetting the previous losses.

Biosecurity Annual Report 2022-2023 (Item 7.1)

Report from Don McKenzie, Pou Tiaki Pūtaiao - GM Biosecurity

Moved (Craw/Robinson)

1. That the agenda item on the Annual Report by Don McKenzie, Pou Tiaki Pūtaiao - GM Biosecurity and dated 14 November 2023, be received.

2. That council adopts the Annual Report as the record of actions undertaken during the 2022-2023 year and in accordance with the implementation of the Operational Plan 2022-2023 and 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:

· Councillor Shortland left the meeting at 1.20pm.

· Appreciation was extended to all staff involved in the completion of the Biosecurity Annual Report. The Biosecurity Team was also acknowledged for their valuable work in the community.

Review of the Regional Policy Statement for Northland (Item 7.2)

Report from Ingrid Kuindersma, Policy Planner

Secretarial Note: This item was deferred to the 12 December 2023 council meeting.

Secretarial Note: Councillor Shortland returned at 1.25pm.

Resourcing the Implementation of the Freshwater Farm Plan Regulations (Item 7.3)

Report from Penny Pirrit, Freshwater Farm Plan Contractor

The procedural motion was moved (Crawford/Carr)

That the matter be considered in the New Year at such time there was greater clarification of the direction from central government.

Secretarial Note:

· It was acknowledged that while there was considerable uncertainty with the change of government it was important that council continued with its work in the freshwater space.

· With the approval of the mover and seconder, the procedural motion was substituted with the amendment as follows (as per Standing Order 23.4 ‘Substituted motion’):

Moved (Crawford/Carr)

1. That the report ‘Resourcing the Implementation of the Freshwater Farm Plan Regulations’ by Penny Pirrit, Freshwater Farm Plan Contractor and dated 1 November 2023, be received.

1a. That the remaining recommendations pertaining to Item 7.3 ‘Resourcing the Implementation of the Freshwater Farm Plan Regulations’ be readdressed at the 12 December 2023 council meeting.

Secretarial Note: The remaining two recommendations were as follows:

2. That $750k from the Land Management Reserve be used from this financial year and the next two financial years (2024/2025 and 2025/2026) to resource the effective and efficient delivery of Northland Regional Council’s obligations under the Freshwater Farm Plan Regulations 2023.

3. That, subject to the outcome of deliberations on the 2024-2034 Long Term Plan, current grant funding administered by the land team be placed on hold for the 2024/2025 and 2025/2026 with the exception of:

a. Tangata Whenua and Catchment Fund grants

b. Grants associated with the Hill Country Erosion Fund in accordance with the contractual agreement with the Ministry for Primary Industries.

Carried

Gold Clam Response (Item 7.4)

Report from Nicky Fitzgibbon, Biosecurity Manager - Incursions and Response; Don McKenzie, Pou Tiaki Pūtaiao - GM Biosecurity and Ruben Wylie, Pou Tiaki Taiao

Moved (Carr/Craw)

1. That the report ‘Gold clam response by Nicky Fitzgibbon, Biosecurity Manager - Incursions and Response; Don McKenzie, Pou Tiaki Pūtaiao - GM Biosecurity and Ruben Wylie, Pou Tiaki Taiao and dated 2 November 2023, be received.

Carried

It was further moved (Craw/Blackwell)

2. That council approve the allocation of $300,000 from salary savings and unspent salary variances to provide budget to fund urgent actions and prepare a Small-Scale Management plan in accordance with the Section 100v of the Biosecurity 1993.

Carried

Route Resilience Report – Funding Recommendation (Item 7.5)

Report from Louisa Gritt, Group Manager - Community Resilience

Moved (Carr/Blackwell)

1. That the report ‘Route Resilience Report – Funding Recommendation’ by Louisa Gritt, Group Manager - Community Resilience and dated 3 November 2023, be received.

2. That $100,000 for a Route Resilience Report is funded from the provision held in the Equalisation Reserve specifically for councillor identified projects.

3. That the forecasted balance of the Equalisation Reserve is permitted to go below the self-imposed policy limit of $250,000 in 2026-27, and any shortfall is reinstated to comply with policy utilising the proceeds of the Mt Tiger Forestry harvest scheduled in 2023-28.

4. That approval of the scope of the report and report sign off is delegated to Councillors Carr and Blackwell as the Chair and ~~alternate~~ member of the Regional Transport Committee.

Carried

Chief Executive’s Report to Council (Item 8.1)

Report from Jonathan Gibbard, Tāhūhū Rangapū - Chief Executive Officer

Moved (Blackwell/Macdonald)

That the report ‘Chief Executive’s Report to Council’ by Jonathan Gibbard, Tāhūhū Rangapū - Chief Executive Officer and dated 13 November 2023, be received.

Carried

Secretarial Note:

· Councillor Shortland left the meeting at 1.50pm.

· Councillor Jones declared a conflict of interest in relation to discussion on the groundwater consents for Aupōuri, being the Chairman of Te Rūnanga Nui o Te Aupōuri.

· The workshop adjourned at 1.56pm and reconvened at 2.04pm.

Reporting on Long Term Plan 2021-2031 Performance Measures for Quarter One of the 2023/24 Year (Item 8.2)

Report from Robyn Broadhurst, Corporate Planning Specialist

Secretarial Note: This item was deferred to the 12 December 2023 council meeting.

Receipt of Committee Minutes (Item 9.1)

Report from Meloney Tupou, Māori Governance and Engagement Support Admin

Moved (Robinson/Craw)

That the unconfirmed minutes of the:

· Te Oneroa-A-Tōhē Board – 15 September 2023

· Kaipara Moana Remediation Joint Committee – 30 October 2023

· Joint Climate Change Adaptation Committee – 10 November 2023

be received.

Carried

It was further moved (Carr/Robinson)

That council write a letter to formally acknowledge Haami Piripi from Te Rūnanga o Te Rarawa who was finishing his tenure as Chairperson of Te Oneroa-a-Tōhe Board.

Carried

Working Party Updates (Item 9.2)

Report from Meloney Tupou, Māori Governance and Engagement Support Admin

Secretarial Note: The content of this report was corrupt and to be rectified for inclusion in the 12 December 2023 council meeting agenda.

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

Moved (Craw/Carr)

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 - 24 October 2023	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	People and Culture 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).
10.3	Progress on Leaseholder's Notice of Exit	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).
10.4	Notice of Motion - Revocation of council decision regarding property consideration for Long Term Plan 2024 - 2034	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

Confirmation of council decision in open meeting: Notice of Motion - Revocation of council decision regarding property consideration for Long Term Plan 2024 - 2034 (Confidential Item 10.4)

Report from Chris Taylor, Governance Specialist

Moved (Carr/Crawford)

That the revocation of resolutions 4 – 7 pertaining to Confidential Item 10.5 of the 24 October 2023 council meeting be confirmed in open meeting.

[The revoked resolutions 4-7 were as follows:

4. That management provide council with preferred purchase funding options for consideration as part of the preparation for the 2024-34 LTP public consultation process.

5. That the Chief Executive Officer enter into an application process to obtain purchase grant funding from the Trustees of the John and Margarete Turnbull Estates.

6. That $80,000 of funding is approved for due diligence and property acquisition work, funded from the councillor’s special project component of the Equalisation Reserve.

7. That management prepare a draft policy supporting the purchase of land for environmental purposes for council approval and that the draft policy is consulted on as part of the 2024-34 LTP process.]

Carried

Whakamutunga (Conclusion)

The meeting concluded at 2.37pm.

Confirmed as a true and correct record 12 December 2023

Chair Geoff Crawford