Minutes of Council Meeting - Tuesday, 23 July 2024

Council Meeting

23 July 2024

Northland Regional Council Minutes

Meeting held in the Council Chamber

36 Water Street, Whangārei

on Tuesday 23 July 2024, commencing at 10.15am

Tuhinga/Present:

Chairperson, Geoff Crawford

Deputy 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 Risk Advisor

Independent Tangata Whenua Advisors (x2. One via audio-visual link)

Tāhūhū Rangapū - Chief Executive Officer

Pou Taumatua - GM Corporate Services

Pou Whakaritenga - GM Regulatory Services

Pou Tiaki Pūtaiao - GM Biosecurity

Corporate Strategy Manager

Natural Resources Monitoring Manager

Translator

Governance Specialist

Part Meeting

Group Manager - Community Resilience

Pou Manawhakahaere - GM Governance and Engagement

Transport Manager

Economist

Policy Planner

WDC Strategic Planner

Policy Specialist

Organisational Development Advisor

Corporate Policy Analyst

Secretarial Note: The Chair declared the meeting open at 10.15am and proceedings commenced with the Tauāki ā roto led by Councillor Robinson.

Ngā whakapāha/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 - 25 June 2024 (Item 5.1)

Report from Chris Taylor, Governance Specialist

Moved (Stolwerk/Jones)

That the minutes of the council meeting held on 25 June 2024, be confirmed as a true and correct record and that these be duly authenticated with the Chair’s electronic signature.

Carried

Receipt of Action Sheet (Item 5.2)

Report from Chris Taylor, Governance Specialist

Moved (Macdonald/Blackwell)

That the action sheet be received.

Carried

Secretarial Note: There was no financial report included in the agenda given it was the beginning of the new financial year.

Regional Land Transport Plan 2021/2027 - Three Year Review. (Item 6.1)

Report from Chris Powell, Transport Manager - Northland Transportation Alliance and Michael Payne, Policy Specialist

Moved (Carr/Blackwell)

1. That the report ‘Regional Land Transport Plan 2021/2027 - Three Year Review.’ by Chris Powell, Transport Manager - Northland Transportation Alliance and Michael Payne, Policy Specialist and dated 19 June 2024, be received.

2. That the council approve the Regional Land Transport Plan for Northland 2021-2027 – Three Year Review compiled by the Regional Transport Committee.

3. That the council approve the submission of the Regional Land Transport Plan for Northland 2021-2027 – Three Year Review to New Zealand Transport Agency Waka Kotahi by no later than 1 August 2024.

Carried

Secretarial Note:

· The Chair of the Regional Transport Committee extended appreciation to all involved in the development of the Regional Land Transport Plan (RLTP) including, but not limited to, the authors of the previous RLTP which had provided a sound base to start from, members of the committee, the Waka Kotahi Director Regional Relationships, staff and all who had submitted on the RLTP.

· In turn appreciation was extended to the Chair and Deputy Chair of the RTC for their leadership throughout this key process.

Biosecurity Operational Plan 2024-2025 (Item 6.2)

Report from Don McKenzie, Pou Tiaki Pūtaiao - GM Biosecurity

Moved (Craw/Robinson)

1. That the report ‘Biosecurity Operational Plan 2024-2025’ by Don McKenzie, Pou Tiaki Pūtaiao - GM Biosecurity and dated 16 July 2024, be received.

2. That council approve the Operational Plan in accordance with the Biosecurity Act section 100B.

3. That council authorises the GM Biosecurity to make any necessary minor drafting, typographical, rounding, or presentation corrections to the Operational Plan.

Carried

Secretarial Note: It was stressed that council must remain nimble and cognisant of new/emerging technologies when addressing biosecurity issues.

Approval of Draft Future Development Strategy for public consultation.

(Item 6.3)

Report from Ingrid Kuindersma, Policy Planner and Michael Payne, Policy Specialist

Moved (Crawford/Macdonald)

1. That the report ‘Approval of Draft Future Development Strategy for public consultation.’ by Ingrid Kuindersma, Policy Planner and Michael Payne, Policy Specialist and dated 1 July 2024, be received.

2. That the draft Future Development Strategy document be approved for public consultation.

3. That council delegates to the Group Manager – Environmental Services the authority to make any necessary minor formatting, typographical and administrative changes to the draft FDS and supporting information prior to formal public consultation.

Carried

Secretarial Note:

· Appreciation was extended to the members of the technical working group for their input into what was described as ‘a long and involved process’. Appreciation was also extended to the planning staff for ‘listening to broad discussions and turning them into the bones of a strategy’.

· The Future Development Strategy (FDS) would be presented to Whangarei District Council (WDC) later in the week for approval. Subject to approval, formal consultation would commence from 3 August 2024 and conclude 2 September 2024.

· To ensure the community had clear visibility of the FDS there would be a number of drop in sessions as well as tailored sessions for key stakeholders (for example local business, resident and ratepayer groups, hapu).

· Following consultation staff would prepare an issues/options report followed by a further opportunity for the community to provide input through formal hearings and deliberations run by the technical working group.

· A final report would be presented for formal adoption by the end of year.

· While it was acknowledged that ideally there would be a regional plan to overarch the development of the FDS, the government had repealed the Spatial Planning Act which provided such a regional view. However, under the National Policy Statement Urban Development, Tier 2 councils such as WDC were required to prepare an FDS. Assurance was provided that all effort had been made to ‘weave the importance of Whangārei to all of Northland’ through the Strategy.

· Confirmation was provided that it was not normal practise for a council who had been a co-developer of a FDS to then submit. However, there was the opportunity to schedule further workshops through the consultation process; for example to discuss elevating the recognition of Northland iwi in the Strategy.

Council Submissions Lodged under Delegation - retrospective approvals

(Item 6.4)

Report from Michael Payne, Policy Specialist and Justin Murfitt, Strategic Policy Specialist

Moved (Craw/Jones)

1. That the report ‘Council Submissions Lodged under Delegation - retrospective approvals’ by Michael Payne, Policy Specialist and Justin Murfitt, Strategic Policy Specialist and dated 1 July 2024, be received.

2. That council retrospectively approve the attached submission on the Resource Management (Freshwater and Other Matters) Amendment Bill.

3. That council retrospectively approve the attached submission on the Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Bill.

Carried

(Councillors Blackwell and Carr voted against the motion)

Secretarial Note:

· Appreciation was extended to the staff involved in drafting the submissions which were prepared in short timeframes and described as ‘expertly crafted’.

· It was cautioned that council always needed to be mindful when submitting on matters that it was fully cognisant of the implications on the ground.

Joint delivery of local government economic development services in Northland: Expansion to include WDC (Item 6.5)

Report from Darryl Jones, Economist and Avinash Govind, Economic Policy Advisor

Moved (Robinson/Stolwerk)

1. That the report ‘Joint delivery of local government economic development services in Northland: Expansion to include WDC’ by Darryl Jones, Economist and Avinash Govind, Economic Policy Advisor and dated 19 June 2024, be received.

2. That council sells 10 shares in Northland Inc Limited to Whangarei District Council at a price of $2 per share and authorises the Chief Executive Officer to sign the Share Sale and Purchase Agreement (Attachment One) and Share Transfer Form (Attachment Two) to execute the sale.

3. That council authorises Chair Geoff Crawford to sign the revised Northland Inc Limited Shareholder Agreement (Attachment Three).

4. That council adopts the updated Terms of Reference for the Joint Regional Economic Development Committee (Attachment Four).

5. That council agrees to the revised Criteria and procedures for the allocation of funding from the Investment and Growth Reserve (Attachment Five).

Carried

Secretarial Note:

· It was acknowledged that WDC becoming a shareholder (for a two year period) was an important step for all four councils to be working closer together and the more efficient delivery of services.

· Northland Inc. Limited’s latest report against the Statement of Intent to be circulated to elected members and the Independent Advisors to provide greater detail on the shareholders’ expectations and deliverables.

· The NRC Economist was acknowledged for his work facilitating this process and who ‘worked tirelessly supporting Northland Inc. and the four councils’.

Secretarial Note: Given Councillors Crawford, Macdonald and Shortland were certified RMA Commissioners it was agreed it would be prudent for them not to move or second the recommendations pertaining to Item 6.6.

RMA Hearing Commissioners – Approval and Appointment Procedures

(Item 6.6)

Report from Colin Dall, Pou Whakaritenga - Group Manager Regulatory Services

Moved (Stolwerk/Jones)

1. That the report ‘RMA Hearing Commissioners – Approval and Appointment Procedures by Colin Dall, Pou Whakaritenga - Group Manager Regulatory Services and dated 6 July 2024, be received.

2. That council approves the attached list of RMA hearing commissioners that delegated staff then use to arrange and appoint commissioners for consent hearings.

3. That staff report to the council on any subsequent applications by commissioners to be added to the list for its consideration and approval.

Secretarial Note:

· Councillor Carr confirmed he was also a certified RMA Commissioner and the list (included as Attachment One pertaining to Item 6.6 of the 23 July 2024 council agenda) needed to be updated to reflect this.

· In accordance with Standing Order 23.4 ‘Substituted Motion’, with the approval of the mover and seconder the motion was amended to reflect the addition of Councillor Carr as follows:

Moved (Stolwerk/Jones)

1. That the report ‘RMA Hearing Commissioners – Approval and Appointment Procedures by Colin Dall, Pou Whakaritenga - Group Manager Regulatory Services and dated 6 July 2024, be received.

2. That council approves the attached list of RMA hearing commissioners (with the addition of Councillor Carr) that delegated staff then use to arrange and appoint commissioners for consent hearings.

3. That staff report to the council on any subsequent applications by commissioners to be added to the list for its consideration and approval.

Carried

Secretarial Note:

· The details for registering further key areas/fields of expertise to be circulated to the councillors that were certified RMA Commissioners.

· The meeting adjourned at 11.16am and reconvened at 11.24am

Adoption of Te Tai Tokerau Regional Accessibility Strategy (Item 6.7)

Report from Kyla Carlier, Corporate Strategy Manager

Moved (Jones/Macdonald)

1. That the report ‘Adoption of Te Tai Tokerau Regional Accessibility Strategy’ by Kyla Carlier, Corporate Strategy Manager and dated 18 April 2024, be received.

2. That Council formally adopt the Te Tai Tokerau Regional Accessibility Strategy, a joint approach to accessibility developed by the Far North, Kaipara, Whangarei, and Northland Regional Councils.

3. That council direct staff to develop an implementation plan specific to Northland Regional Council, that maps out actions within the strategy framework.

Carried

Secretarial Note:

· Appreciation was extended to all involved in the development of the Regional Accessibility Strategy which was important to ensure that all sectors of the community could participate in society without discrimination.

· Confirmation was provided that while the Accessibility Strategy was not legally binding it would feed into implementation plans and be taken into consideration in the issuing of consents.

· Through the implementation phase, staff were encouraged to reach out to organisations with expertise in accessibility for further information/guidance.

Whangarei Public Transport Working Party - Chairperson and Meeting Frequency (Item 6.8)

Report from Chris Taylor, Governance Specialist

Moved (Craw/Blackwell)

1. That the report ‘Whangarei Public Transport Working Party - Chairperson and Meeting Frequency’ by Chris Taylor, Governance Specialist and dated 2 July 2024, be received.

2. That, Councillor Jack Craw be replaced by Councillor Rick Stolwerk, as the Chairperson of the Whangarei Public Transport Working Party (WPTWP).

3. That the meeting frequency of the WPTWP be reduced from six to three times a year.

4. That a submission be lodged with the Remuneration Authority to reflect the subsequent changes in remuneration arrangements for elected members (to give effect to recommendations 2 and 3).

Carried

Health and Safety report for April to June 2024 quarter and financial year end (Item 7.1)

Report from Tamsin Sutherland, Health and Safety Advisor

Moved (Jones/Blackwell)

That the report ‘Health and Safety report for April to June 2024 quarter and financial year end’ by Tamsin Sutherland, Health and Safety Specialist and dated 9 July 2024, be received.

Carried

Secretarial Note: It was advised that the increase in near misses and accidents was partly due to staff undertaking more driving to deliver more work and also because staff were actively being encouraged to report these events. The new QR code incident reporting had assisted with this.

Chair's Report to Council (Item 7.2)

Report from Rae Hetaraka, Executive Assistant to the Chair

Moved (Crawford/Carr)

That the report ‘Chair's Report to Council’ by Rae Hetaraka, Executive Assistant to the Chair and dated 8 July 2024, be received.

Carried

Chief Executive’s Report to Council (Item 7.3)

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 26 June 2024, be received.

Carried

Secretarial Note:

· It was suggested that the comms reporting regarding positive/negative feedback from the community needed to be broader in scope than just comments on NRC’s social media.

· It was acknowledged that the work of the Chief Executive Officer was more extensive than that detailed in the report. Appreciation was specifically extended for his work with the Iwi and Local Government Chief Executives Forum (ILGACE).

· Clarification was provided that the reporting on Municipal wastewater treatment plant compliance represented the last 12 months of monitoring events and the proportion of those events found compliant or non-compliant. It was important to note that the number of events may differ between plants.

· Staff to consider how the reporting on Municipal wastewater treatment plant compliance could better demonstrate more recent results.

· It was requested that councillors have the opportunity to meet the Tū I te ora Scholarship winners.

· Clarification was provided that the action within the Tāikie ē Implementation Plan regarding ‘Marine protection and development’ was much broader than the moana rahui. While there was budget through the Long Term Plan to implement the moana rahui, council would need to address budget for the broader initiatives through subsequent Annual Plans.

· Appreciation was extended to the CoastCare Team and its ‘ambitious programme’.

Quarterly and End of Financial Year People and Culture Report (Item 7.4)

Report from Kayla Ludlow, Human Resources Advisor; Beryl Steele, Human Resources Manager and Jessica Matson, Human Resources Advisor

Moved (Blackwell/Crawford)

That the report ‘Quarterly and End of Financial Year People and Culture Report’ by Kayla Ludlow, Human Resources Advisor; Beryl Steele, Human Resources Manager and Jessica Matson, Human Resources Advisor and dated 9 July 2024, be received.

Carried

Secretarial Note: The Diversity Equity, Inclusion and Belonging Policy, the survey form and results of the survey report to be circulated to elected members.

Legislative Compliance half yearly report January-June 2024 (Item 7.5)

Report from Samuel van Hout, Corporate Policy Analyst

Moved (Carr/Macdonald)

That the report ‘Legislative Compliance half yearly report January-June 2024’ by Samuel van Hout, Corporate Policy Analyst and dated 5 July 2024, be received.

Carried

Secretarial Note: Councillors to workshop iwi settlements in Northland to ensure elected members were abreast of key issues and the regional council’s roles/responsibilities.

Receipt of Committee Minutes (Item 8.1)

Report from Meloney Tupou, Māori Governance and Engagement Support Admin

Moved (Robinson/Macdonald)

That the unconfirmed minutes of the:

· Te Oneroa-A-Tōhe Board – 24 May 2024

· Audit Risk and Finance Committee – 29 May 2024

· Civil Defence Emergency Management Group - 4 June 2024

· Regional Transport Committee - 11 June 2024

· Extraordinary Regional Transport Committee – 4 July 2024

be received.

Carried

Secretarial Note: It was stated that KiwiRail should provide a written report, as opposed to a verbal update, to the Regional Transport Committee. Assurance was provided that KiwiRail had been diligent in their attendance at meetings and proactive in progressing the Marsden Point rail link.

Working Party Updates (Item 8.2)

Report from Meloney Tupou, Māori Governance and Engagement Support Admin

Moved (Stolwerk/Carr)

That the report ‘Working Party Updates’ be received.

Carried

Secretarial Note: Attention was drawn to the extensive work being undertaken by the Awanui River Working Group resulting in what were described as ‘awesome outcomes’ that had the support of the local community.

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

Moved (Stolwerk/Robinson)

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	Confirmation of Confidential Minutes - 25 June 2024	The public conduct of the proceedings would be likely to result in disclosure of information, as stated in the open section of the meeting -.
9.2	Receipt of Confidential Committee 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 -.
9.3	Strategic Projects Update	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).

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

Carried

Open Meeting

Moved (Stolwerk/Robinson)

That the council resumes in open meeting.

Carried

Confirmation of confidential resolutions in open meeting (Item 10.0)

The confidential resolutions confirmed in open meeting were as follows:

Confirmation of Confidential Minutes - 25 June 2024 (Item 9.1)

Report from Chris Taylor, Governance Specialist

Moved (Stolwerk/Macdonald)

1. That the confidential minutes of the council meeting held on 25 June 2024 be confirmed as a true and correct record and that these be duly authenticated with the Chair’s electronic signature.

Carried

Receipt of Confidential Committee Minutes (Item 9.2)

Report from Chris Taylor, Governance Specialist

Moved (Stolwerk/Craw)

1. That the unconfirmed confidential minutes of the Audit Risk and Finance Committee – 29 May 2024 be received.

Carried

Whakamutunga (Conclusion)

The meeting concluded at 1.28pm.

Confirmed as a true and correct record 27 August 2024

Chair Geoff Crawford