council briefing agenda - escribe meetings

Council Briefing Agenda

Date: Thursday, 3 September, 2020Time: 9:00 am

Location: Council ChamberForum North, Rust AvenueWhangarei

Elected Members: Her Worship the Mayor Sheryl Mai(Chairperson)Cr Gavin BenneyCr Vince CocurulloCr Nicholas ConnopCr Ken CouperCr Tricia CutforthCr Shelley DeemingCr Jayne GolightlyCr Phil HalseCr Greg InnesCr Greg MartinCr Anna MurphyCr Carol PetersCr Simon Reid

For any queries regarding this meeting please contactthe Whangarei District Council on (09) 430-4200.

Pages

1. Apologies

2. Reports

2.1 Draft Mana Wakahono O Rohe Agreement withPatuharakeke Iwi Trust Board

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2.2 2021 - 31 Long Term Plan Levels of Service 21

2.3 Review of the Significance and Engagement Policy 2020 23

3. Closure of Meeting

2.1 Draft Mana Whakahono a Rohe Agreement with Patuharakeke Iwi Trust Board

Meeting: Council Briefing

Date of meeting: 3 September 2020

Reporting officer: Melissa McGrath, District Plan Manager

1 Purpose

To brief Council about the draft Mana Whakahono a Rohe Agreement (MWAR) between Patuharakeke Iwi Trust Broad and Whangarei District Council.

2 Background Subpart 2 of the Resource Management Act 1991(RMA) provides for MWAR: Iwi participation arrangements. Section 58M describes the purpose of MWAR:

The purpose of a Mana Whakahono a Rohe is—

(a) to provide a mechanism for iwi authorities and local authorities to discuss, agree, and

record ways in which tangata whenua may, through their iwi authorities, participate in resource

management and decision-making processes under this Act; and

(b) to assist local authorities to comply with their statutory duties under this Act, including

through the implementation of sections 6(e), 7(a), and 8.

On 22 September 2017 Patuharakeke Iwi Trust Board lodged an application for MWAR in accordance with section 58O of the RMA. Over the last 3 years Council staff and representatives of the trust board have worked to create a draft agreement. This agreement has had legal review by both participants. The agreement (Attachment 1) sets a framework for Patuharakeke Iwi Trust Board participation in the following RMA processes:

Preparation of or change to District Plan

Consultation during proposed plan or plan change

Plan change hearings (including RMA commissioners)

Collaborative and streamlined plan change processes

Resource consents – cultural impact assessments

Monitoring

Development or updating of Hapu Environmental Management Plan

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http://www.legislation.govt.nz/act/public/1991/0069/latest/link.aspx?id=DLM231907#DLM231907



The agreement includes detailed process for the administration of the MWAR including the provision for review and dispute resolution.

3 Next Steps To consider any feedback from Council, finalise the MWAR and co-ordinate the official signing of the agreement.

4 Attachments

1. Draft Patuharakeke Iwi Trust Broad MWAR August 2020

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Add logos

Mana Whakahono a Rohe

between

Patuharakeke Iwi Trust Board

and

Whāngarei District Council

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This Mana Whakahono a Rohe is made on the day of 2019.

1. The Parties

1.1. The parties to this Mana Whakahono a Rohe (“MWAR”) are:

i. Patuharakeke Iwi Trust Board (“PTB”) as representative of

the hapū Patuharakeke: and

ii. Whāngarei District Council (“Council”) (collectively “the

parties”).

2. Purpose

2.1. The purpose of the MWAR is to provide a mechanism for the parties to

discuss, agree, and record ways in which PTB may participate in resource

management and decision-making processes under the Resource

Management Act 1991 (“the RMA”).

3. Principles underpinning the Relationship

3.1. The parties seek to incrementally achieve an agreed vision, to build an

enduring relationship between the Council and the PTB and to develop

robust partnership arrangements over time through learning

conversations in order to enhance the participation of PTB in RMA

processes.

3.2. Learning conversations of the relationship will be based on the following

key elements:

Te Pae Tawhiti – Vision;

He whenua Rangatira – Whangarei, a District of

prosperity, well-being and empowered communities;

Te Kaupapa - The Mission: Ka tutuki te Kawanatanga a-

rohe, ka puawai hoki te kotahitanga me ona tini kaupapa –

Local Government that works through effective

partnerships and provides practical solutions; and

Ngā Tikanga - Principles.

3.3. The parties will endeavour to achieve the purpose of the MWAR, by

upholding the guiding principles of:

Ngakaupono - Good faith;

Mahi tahi - Effective collaboration;

Noho tahi - Co-operation;

Puataata - Open and transparent sharing of information;

Tino rangatiratanga - Self-determination; and

Tapatahi - Honesty of purpose.

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3.4. The parties acknowledge that participation under this MWAR will require

a commitment to meeting statutory timeframes to achieve an effective

and efficient statutory process.

4. Key Values

4.1. Underpinning the above guiding principles are the following inherent

values that help to guide the relationship including:

Whakapapa The foundational framework for managing

resources is whakapapa. Whakapapa

demonstrates the relationships and inter-

relationships between the various elements of

the world and human beings.

Kaitiakitanga The duty of care, responsibility and

guardianship, exercised over whenua and

toanga tuku iho, in accordance with the tikanga

and kawa of Patuharakeke.

Whanaungatanga Building ongoing positive familial relationships

and maintaining open and positive relationships

with kin.

Manaakitanga The ability to care for and sustain whanau and

manuhiri in accordance with Patuharakeke

tikanga and kawa.

Matauranga The knowledge, comprehension, or

understanding of everything visible and

invisible existing in the universe.

Mana Whenua The right to exercise customary authority in an

identified rohe and the resources therein.

Mauri Protection of the ‘life force’ contained in all

places, species, minerals, ecosystems in our

rohe. It can also be misunderstood as a

measure of the health and vitality of those

elements.

Tikanga To retain the traditions of our tupuna in all

operations.

He kitenga

mutunga kore,

mahi tahi and

mahi pono.

Strategic partnership and working

collaboratively in good faith.

Kia maia Providing leadership through courage.

Te Manawatopu Of one heart and mind - we are stronger

working together.

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Anga Mua Being both progressive and proactive.

Me Korero, tau

noa nga take

Open and frank mutually agreed outcomes.

5. Reviewing the MWAR

5.1. The parties agree that:

a. The MWAR will be reviewed every 2 years after its execution or

earlier by mutual agreement of the parties;

b. The review will be undertaken jointly by Council and PTB;

c. A report of the findings from the review will be formally presented

at a hui-a-hapu of Patuharakeke no later than 30 working days

after completion of the review process.

6. Scope of the Review

6.1. The parties will review the effectiveness of the MWAR, within the scope

of the purpose and guiding principles as set out above.

7. The Review Process

7.1. When a review process is initiated, the parties will respectively review

their own policies and processes to ensure that they are consistent with

the MWAR.

7.2. As part of the review process the parties will seek to identify the

following:

a. Issues that have arisen over the period prior to review; and

b. Whether any of the functions, powers or duties of Council may be

transferred to PTB under s.33 of the RMA and in accordance with

s.83 of the Local Government Act (“the LGA”) in order to fulfil the

purpose of the MWAR.

7.3. The parties will meet to discuss any issues or matters are identified in

sections 7.2(a) and 7.2(b) and recommend either:

a. The continuation of the MWAR with no changes; or

b. Amendments to the MWAR.

7.4. Any changes deemed necessary from the review following a

recommendation shall be formally ratified by PTB and Council.

7.5. The review will be resourced by each party respectively.

8. Preparation of or change to a District Plan

8.1. Council will notify PTB at the earliest opportunity of its intention to

prepare a change to the district plan.

8.2. The parties will agree a process for participation by PTB in the

preparation of or change to a district plan, including the use of any of

the pre-notification standard form (Part 1 and 2), collaborative (Part 4),

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or streamlined (Part 5) planning processes under Schedule 1 of the RMA

to the extent that the plan change effects PTB and the rohe of

Patuharakeke.

8.3. As part of the plan change pre-consultation process Council will provide

PTB with a copy of any draft changes to the district plan outlining the

extent to which changes may affect the Patuharakeke Hapu

Environmental Management Plan 2014 or any hapu environmental

management plan in substitution (“HEMP”).

8.4. The PTB may provide submissions to Council detailing areas of concern

arising from the draft changes to district plan or interpretation of the

effect any draft changes may have on the HEMP, within 40 working days

from receipt of the draft plan change.

8.5. Council will take into account the HEMP and submissions that PTB make

in the plan development phase and actively engage PTB in the plan or

plan change development to ensure greater participation by PTB at an

early stage and consider any environmental, economic, social and

cultural effects anticipated from the implementation of the plan or plan

change on PTB.

8.6. Council in taking into account the HEMP and submissions of PTB in

relation to the plan or plan change development will include summaries

of:

a. advice received from PTB in the draft plan or plan change;

and

b. how the proposal responds to that advice, including reference

to any proposed provisions that are intended to give effect

to the advice.

9. Consultation

9.1. During the preparation of a proposed plan or plan change, Council will

consult with PTB at the earliest opportunity of the Plan Change process.

9.2. The consultation with PTB is to be within the principles conferred by

section 82LGA.

9.3. Where Council appoints 1 or more hearings commissioners to exercise a

delegated power to conduct a hearing under Schedule 1, the Council will

consult PTB on whether it is appropriate to appoint a commissioner with

knowledge and understanding of tikanga Maori. Where PTB considers it

is appropriate, Council may appoint a commissioner with that knowledge

and understanding.

10. Hearing of submissions to the District Plan or Plan Changes

10.1. Upon the recommendation of PTB, where hearing topics cover cultural

matters or matters of significance to Patuharakeke, and at the

recommendation and guidance of PTB, hearings may be held on a

marae.

11. District Plan or Plan Change Collaborative Planning Process

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11.1. The parties agree that where a draft plan or proposed plan change is to

take place, Council will seek the views of PTB as to whether a

collaborative planning process is to be used.

11.2. If it is decided that a collaborative planning process is to be used, Council

will engage with PTB to facilitate the appointment of a representative

from PTB on to the group in addition to any other person chosen by iwi

authorities to represent the views of tangata whenua.

11.3. Where a collaborative group is formed, it will provide a consensus report

to Council setting the relevant matters in accordance with Schedule 1,

Part 4, Clause 44(2) of the RMA. A copy of the consensus report will

also be made available to PTB. Council will allow a reasonable period of

time for the PTB to comment.

12. District Plan or Plan Change Streamlined Planning Process

12.1. Where Council is considering using a streamlined approach, the parties

agree that prior to applying to the Minister for a direction under section

80C of the RMA to use the streamlined planning process, Council will:

a. Engage with PTB when preparing a streamlined planning

process application, including a proposed plan, change or

variation; and

b. Consider any process recommendations from PTB; and

c. Include the implications of using the process on this MWAR.

13. Resource Consents

13.1 Where a resource consent application is made that is not publicly notified

and falls within the PTB rohe, Council will consider whether to engage

with PTB as a potentially affected person and whether it should give at

least limited notification of the application subject always to Council

complying with the statutory requirements of the RMA.

13.2 Council will provide PTB with electronic copies of all publicly notified

resource consent applications that relate to the Patuharakeke rohe

within 5 working days of determining its processing status to enable PTB

where PTB determines so, to make a submission within the 20-working

daytime limit subject always to Council complying with the statutory

requirements of the RMA.

Cultural Impact Assessments

13.3 Where the Council identifies effects that are minor or more than minor

and the application is publicly notified within the rohe of PTB , Council

will seek the view of PTB as to whether PTB wishes to provide a Cultural

Impact Assessment (“CIA”).

13.4 The parties acknowledge that a CIA may assist with the following:

a. preparation of an Assessment of Environmental Effects in

accordance with s88(2)(b) and Schedule 4 of the RMA;

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b. requests for further information under s92 of the RMA in

order to assess the application;

c. providing information to assist the council in determining

notification status under ss95 to 95F of the RMA;

d. providing information to enable appropriate consideration of

the relevant Part 2 matters when making a decision on an

application for resource consent under s104 of the RMA;

e. consideration of appropriate conditions of resource consent

under s108 of the RMA.

Electronic Portal

13.5 Council will work towards an electronic information source or portal to

enable PTB efficient access to data.

14. Hearings

14.1 Council will provide for Tikanga Maori where appropriate prior, during,

and post hearings that relate to matters involving and affecting PTB.

14.2 Where evidence is written or spoken in te reo, Council will bear the cost

of interpreting evidence provided and received in te reo and interpreting

unfamiliar concepts relating to tikanga Maori.

14.3 In the event that there are issues or matters relating to evidence of PTB

or tikanga, or when it is appropriate the parties will consider whether to

hold the hearing on marae. Council and PTB may agree on the location

of this marae prior to the hearing and give appropriate notice to parties

and the public.

15. RMA Commissioners

15.1 When Council appoints hearing panels to hear submissions on and to

determine plan changes the panel may consist of independent hearing

commissioners, councillors, or both.

15.2 Council will consult with PTB to enquire about the appropriateness of

appointing a commissioner with an understanding of tikanga Maori and

of the perspectives of local hapu, when processing a resource consent

application within the Patuharakeke Rohe that requires a hearing.

15.3 Council will give consideration to appointing a commissioner with an

understanding of tikanga Maori and of the perspectives of local hapu to

all plan change hearing panels.

15.4 Council will financially assist hapu members who have the relevant

expertise to complete the Making Good Decisions commissioner training

course.

16. Receipt of decisions

16.1 The parties agree that any decision made by a Council hearing panel will

be sent directly to the PTB secretary.

16.2 Upon receipt of the decision Council acknowledges that PTB may lodge

an appeal within the statutory timeframe to that decision or participate,

if it has status, as an interested party to an appeal.

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17. Monitoring Methods

17.1 Council agrees to engage with PTB in regard to monitoring methods as

set out under section 30 of the RMA. For the purpose of monitoring

methods being properly implemented, PTB will be given reasonable time

to consolidate their opinion on the proposed methods.

17.2 PTB will cooperate with Council in monitoring methods to ensure the

methods are robust. This will be achieved through regular consultation

when a monitoring method is in dispute or has been raised.

17.3 PTB will prioritise the importance as hapu to determine methods to

measure the state, changes and rate of the evolving environment.

17.4 Council will incorporate the Matauranga of Patuharakeke into the

selected monitoring method. Matauranga of Patuharakeke must be

acknowledged, protected and utilised in the context of monitoring

methods and given weight through consultation with both Council and

PTB. The intellectual and cultural property rights associated with that

knowledge will be respected and protected by both parties.

17.5 Council will facilitate and support PTB to use their cultural indicators

methodologies for compliance monitoring and state of the environment

monitoring.

17.6 Council will give PTB reasonable opportunities to share information,

reports, activities and learning that may have effect on the proposed

monitoring methods.

17.7 Where environmental damage has occurred because of non-compliance,

and a site of significance to Patuharakeke has been affected, Council will

set out processes for PTB as tangata whenua to be involved in the initial

inspection of the area affected.

17.8 The parties will work together (and with any other party) to remedy and

restore any area so affected including next steps to minimise further

non-compliance.

17.9 Monitoring methods for any such site (where consent is granted) within

the rohe at PTB will take into account recommendations set out in any

CIA completed during the resource consent application process.

17.10 To achieve an effective monitoring plan, Council and PTB must take all

practicable steps to use timely, efficient, consistent, and cost-effective

processes that are proportionate to the establishment of this MWAR and

proposed plan.

18. Treaty Settlement Legislation

18.1 Where PTB executes Treaty settlement legislation, Council will comply

with its statutory duties under the RMA and any hapu/iwi participation

legislation.

19. Conflict of Interest

19.1. The parties agree to identify conflicts of interest at the earliest possible

opportunity and bring them to the attention of the other party.

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19.2. In determining whether there is a conflict of interest, the parties agree

that all relevant factors must be considered in a timely manner. The

parties will assess:

I. The seriousness of the conflict of interest; and

II. The range of possible mitigation options.

19.3. In the event both parties agree to formally waive the identified conflict

of interest and allow an exemption to participate, the person who is the

subject of the conflict of interest may continue to exercise their role

notwithstanding the conflict of interest being declared.

20. Dispute Resolution

20.1. Where any dispute or matter of contention may arise in relation to this

MWAR and the relationship formed between the parties, the parties

agree to act in accordance with the principles of the relationship as set

out in this MWAR and with a mind to preserve the ongoing relationship

and in good faith.

20.2. In the first instance, the Council and PTB will use their best efforts to

informally resolve disputes and or matters of contention arising from

this MWAR with an open and ongoing discussion and negotiation.

20.3. At any time one party may contact the other seeking explanation,

clarification or dialogue on any matter concerning the implementation

of this MWAR. Should such correspondence be undertaken:

a. A response will be made to the relevant party within 10

working days.

b. If matters remain in dispute or contention following that

exchange, a meeting of appropriate representatives shall be

convened within 10 working days of receiving a request for a

meeting.

c. If matters remain in dispute or contention following that

meeting, the parties will identify possible implementation

requirements and raise them as issues.

20.4. Where a dispute is not able to be resolved in the first instance, an

independent mediation process may be sought by one or both of the

parties as an appropriate course of action to uphold good faith and

achieve a beneficial discussion free from personal matters or opinions.

20.5. Either party may appoint a suitably qualified mediator from LEADR NZ

(Leading Edge Alternative Dispute Resolvers) or AMINZ (Arbitrators &

Mediators Institute of New Zealand) to facilitate the resolution of the

matter of contention. Where the parties agree to involve a qualified

mediator, the mediator must also be knowledgeable in Tikanga Maori

and Kawa for the purposes of assisting conciliation, mediation and

facilitation.

20.6. If one party compels another to enter into these resolution processes,

the other must agree to participate to the request.

20.7. Where experts (such as lawyers, scientists, engineers etc) are needed

to help the parties resolve complex issues, Council and PTB will agree to

involve the appropriate expert.

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20.8. Council and PTB agree to allow legal representation to attend (when

necessary) mediation. Notice of legal counsel attendance must be given

to the respective parties.

20.9. The parties acknowledge and will abide by the requirement for

effectiveness and efficiency in delivering resource management

decisions. Any conflict or dispute resolution process shall not be

incompatible with Council’s duty to efficiently and effectively process

resource management consents.

20.10. The burden of costs (including for experts (noted above in 20.7) must

be met (separately) by the parties.

20.11. The dispute resolution process in the above clauses must be followed

and are in principle available on equal basis to any party. Any resolution

of dispute must be recorded and any new and agreed terms added to

this MWAR.

20.12. Where dispute resolution is instigated, Council will not suspend

commencing, continuing or completing any process under the RMA while

the dispute resolution process is in contemplation or progress.

21. Developing or Updating the Hapu Environmental Management Plan

21.1. As a central document to this MWAR and the relationship, PTB will ensure

the HEMP is up to date and accurately addresses matters of resource

management under the RMA.

21.2. Council will support PTB in maintaining an up to date draft of the HEMP

and will assist in funding the development or updating of the HEMP in

circumstances where updates are as a result of significant amendments

to the RMA, the L,GA or any other associated legislation.

21.3. Council support of HEMP development may include wananga or

workshops with HEMP drafters to discuss recent changes and/or updates

to legislation and policies that may affect the HEMP.

21.4. If Council staff require wananga or workshops (including induction

workshops) on how to understand the PTB HEMP implementation, this is

to be arranged in a timely and effective manner with PTB

representatives.

22. Transfer of Powers

22.1. PTB may seek to invoke section 33 of the RMA, Transfer of Powers

process subject to a complete due diligence process to assess the

viability of any proposed transfer.

22.2. PTB will advise Council at the earliest opportunity of its intention to

initiate a section 33 process and will work together with Council to

formulate a terms of reference for the parties to work collaboratively.

23. Working Collectively

23.1. Where any other MWAR is developed between Council and another iwi

authority, PTB will endeavour to work collectively with Council and the

other iwi authority to achieve mutual agreement on any matters that

affect the parties.

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23.2. To that extent, the parties will work collectively and in accordance with

their respective tikanga and kawa to inform each other of the gazetted

rohe moana and mana whenua of Patuharakeke particularly in the area

of Poupouwhenua.

24. Attestation

24.1. This MWAR is freely entered into by both parties in the spirit of good

faith and with the intention of creating a meaningful long-term

partnership.

24.2. Authorised representatives of PTB and Council sign this document as

verification of each party’s commitment to this MWAR.

25. Statutory Review

25.1. On the sixth anniversary of the signing of this MWAR and on each sixth

anniversary thereafter the parties shall jointly review the effectiveness

of the MWAR having regard to the purpose and guiding principles of

MWAR as set out in Sections 58M and 58N of the RMA.

26. Statutory Compliance

26.1. Notwithstanding anything herein recorded nothing in this MWAR shall be

interpreted or read as requiring Council to act in a manner contrary to

the provisions of the RMA.

27. Interpretation

27.1. Defined Expressions: expressions defined in clause 4.1 of this MWAR

have that meaning throughout the whole of this MWAR background;

27.2. Gender: words importing one gender will include the other genders;

27.3. Headings: section, clause and other headings are for ease of reference

only and will not affect interpretation;

27.4. Negative Obligations: any obligation not to do anything will include

an obligation not to suffer, permit or cause that thing to be done;

27.5. Parties: references to parties are references to parties to this MWAR;

27.6. Persons: references to persons will include references to individuals,

companies, corporations, partnerships, firms, joint ventures,

associations, trusts, organisations, governmental or other regulatory

bodies or authorities or other entities in each case whether or not having

separate legal personality;

27.7. Plural and Singular: words importing the singular number will include

the plural and vice versa;

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27.8. Appendices: the appendices to this MWAR and the provisions and

conditions contained in these appendices will have the same effect as if

set out in the body of this MWAR;

27.9. Sections, Clauses and Schedules: references to sections, clauses and

schedules are references to this MWAR’s sections, clauses and

schedules;

27.10. Statutes and Regulations: references to any statutory provision will

include any statutory provision which amends or replaces it, and any

subordinate legislation made under it.

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Execution SIGNED BY Ani Pitman as Trustee of Patuharakeke Te Iwi Trust Board

In the presence of:

Signature of witness: __________________

Name:

______________________________

Occupation:

__________________________

Address:

_____________________________

SIGNED BY Gilbert Paki as Trustee of Patuharakeke Te Iwi Trust Board

In the presence of: Signature of witness: __________________

Name: ______________________________

Occupation: __________________________

Address: _____________________________

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SIGNED BY Guy Gudex as Trustee of Patuharakeke Te Iwi Trust Board

In the presence of:


Name: ______________________________

Occupation: __________________________

Address: _____________________________

SIGNED BY Juliane Chetham as Trustee of Patuharakeke Te Iwi Trust

Board In the presence of:


Name: ______________________________

Occupation: __________________________

Address: _____________________________

SIGNED BY Deborah Harding as Trustee of Patuharakeke Te Iwi Trust

Board In the presence of:


Name: ______________________________

Occupation: __________________________

Address: _____________________________

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SIGNED BY Joanne Hammon as Trustee of Patuharakeke Te Iwi Trust Board

In the presence of:


Name: ______________________________

Occupation: __________________________

Address: _____________________________

SIGNED BY as of the Whangarei District Council In the presence of:


Name: ______________________________

Occupation: __________________________

Address: _____________________________

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APPENDIX 1

Plan Change Consultation with Hapu– Standard Process

Key milestones in Plan Changes

(“PC”) process

Point of contact with Hapu and

Iwi

Issue identified, draft provisions /mapping prepared, s32 evaluation

commenced

Internal the Council staff review of draft PC

Draft PC presented to Council via

scoping

Pre-notification consultation of PC (6 week minimum) opportunity for public

feedback

Draft PC presented to Te Karearea and if requested Te Huinga

Draft PC posted to all hapu and iwi contacts with offers to meet/discuss concerns and

potential feedback

Draft PC reviewed and changed considering feedback

Proposed PC presented to Council for

adoption for formal notification

PC formally notified, 20 working day minimum notification period

Proposed PC posted to all hapu and iwi contacts, with offers to meet

and discuss potential submissions

Submissions received and summarised

Summary of submissions notified, 10 working day minimum notification

period. Summary is served directed to all submitters and any party directly

affected by zoning requests

Hapu who make formal submission included in correspondence

Pre-hearing meetings, will be held

where early resolution or clarification of submissions will result in positive

outcomes

Hapu who make formal submission

included in pre-hearing meetings

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S42A hearing report drafted Technical reporting may be

required to support recommendations. E.g. CIA

assessment.

If submissions raise issues directly

relating to tangata whenua, staff may approach hapu to discuss

Hearing panel – commissioner appointment

Where a hearing is focused upon a key issue for tangata whenua e.g.

Papakainga, a commissioner with suitable experience in tangata

whenua matters is to be considered to be appointed to the panel

Hearing meeting Hapu who make formal submission

may speak at the hearing

Hearing panel deliberates, makes recommendation to Council

Council decision on plan change is

publicly notified

PC decision notice is posted to all

hapu and iwi contacts, all formal submitters

Appeal period open for 30 working days Hapu who make formal submission

may lodge an appeal with the Environment Court or may join an appeal as a s274 party

Appeal mediation/Environment Court

Hearing

Hapu who lodge an appeal or join

as a s274 party will be involved with mediation/court hearing

Operative Decision PC Operative date notice to all hapu

and iwi contacts, all formal submitters

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2.2 2021 – 31 Long Term Plan Levels of Service and Community outcomes



Reporting officer: Tony Horton – Strategy Manager

1 Purpose

The purpose of the meeting is to discuss and get feedback on the following:

- Levels of service for the LTP - Report back on community outcomes

2 Discussion

2.1 Levels of service

Linked to the discussions on Council priorities, are the levels of service we set in our Long Term Plan (LTP). The levels of service (LoS), and the performance measures we associate with them, cover all of the main activities undertaken by Council. Each LTP we review LoS and then report on how we have performed against them in our Annual Report.

Some LoS and performance measures are mandatory and are set by central government. We are therefore unable to change these. Examples, include:

We provide safe, high-quality drinking water to all our customers.

2.1.4 The extent to which the local authority’s drinking water supply complies with:

(a) part 4 of the drinking-water standards (bacteria compliance criteria) and

(b) part 5 of the drinking-water standards (protozoal compliance criteria).

However, there are a number of LoS and performance measures across the business which Council has historically decided to focus on which could changed be if Council choses to increase or decrease service levels.

Leading up to this briefing, staff have reviewed the existing measures against past performance, ease of measurements, alignment with strategic outcomes and (where relevant) the direction of the asset management plans and infrastructure strategy.

Minor changes have been made to a number of measures to improve the ease of measurement and reporting.

Some areas are proposing a decrease in service levels and some a slight increase. These changes will be discussed with elected members at briefing.

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2.2 Community outcomes

Feedback from elected members on the briefing 25 August 2020 was to look at minor changes to the existing Community Outcomes to incorporate:

- Waste minimisation - Cultural wellbeing - Housing

Changes that could provide for this will be worked through for feedback from elected members in this Briefing.

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2.3 Review of the Significance and Engagement Policy



Reporting officer: Tracey Schiebli (Manager Democracy and Assurance)

1 Purpose

To seek feedback from elected members on the current Significance and Engagement Policy.

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2 Background

Under the Local Government Act 2002 (LGA), every local authority must have a Significance and Engagement Policy (SEP). The policy is reviewed as part of the LTP process.

The purpose of the SEP is to provide councils with guidance on the significance of decisions, and the engagement that may be appropriate. It is also to ensure that council decision-making is transparent and fair.

The LGA is specific about how council conducts consultation processes, to ensure the public have their say about significant issues that may affect them.

Section 76AA (2) of the LGA 2002 states the purpose of the policy is:

(a) to enable the local authority and its communities to identify the degree of significance attached to particular issues, proposals, assets, decisions, and activities; and

(b) to provide clarity about how and when communities can expect to be engaged in decisions about different issues, assets, or other matters; and

(c) to inform the local authority from the beginning of a decision-making process about

(i) the extent of any public engagement that is expected before a decision is made; and

(ii) the form or type of engagement required.

The SEP must also list the assets considered to be strategic assets; those vital for delivering services to Whangarei.

Under Council’s current policy, except for emergency works, a decision is considered significant if Council determines that two or more of the criteria under the policy are triggered.

Council adopted the current Significance and Engagement policy on 28 September 2017. A copy is included as Attachment One.

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Improvements made through the last review of the policy included; making it clearer so the community can understand it, being more consistent with terminology, making it more user friendly, and being clearer on Māori engagement.

3 Discussion

3.1 How the SEP is used

Since 2014 Council reports have included a statement on significance and engagement. This is to provide clarity to elected members, and the public, about how the significance of the decision has been considered, and how this has influenced the approach to engagement.

Determining significance includes an element of subjectivity, however, we expect staff to be conservative in this determination. Council ultimately determine this via its decision making.

Council always has the ability to consult where it deems it appropriate. An example of where Council decided to consult due to public interest in the topic was the development of commercial options on Pohe Island in 2015.

3.2 Possible areas for review

A presentation will be provided at the briefing to take elected members through the possible areas for review, as follows:

LGA requirements

The current SEP provides all the elements required by the LGA. General approach to determining significance (SEP page 3)

The principles we consider when determining significance

Determining whether a special consultative procedure is required

Commitment to considering decisions on a case by case basis

Engaging with Maori

Criteria (SEP page 4)

Except for emergency works, a decision is considered significant if two or more of the criteria are triggered.

For an annual plan, must also consider ‘materiality’ under the LGA.

Implementation (SEP page 4)

Outlines the process depending on whether a decision is determined to be significant. Appendix 1 – Strategic Assets (SEP page 5)

Those vital to delivering services to Whangarei (considered as whole networks because it is the asset class as a whole that delivers the service).

Appendix 2 – Community Engagement Guide (SEP pages 6-8)

Sets out the International Association for Public Participation (IAP2) spectrum for types and levels of community engagement.

Other considerations

Is the policy easy to understand?

Do the branding and graphics represent Council in 2020?

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3.3 Options following feedback from elected members

Depending on the feedback received there are three possible options:

1. No feedback of note received so the policy does not need to be reviewed

2. Feedback received which the Council determines as minor. This means that if the council is satisfied that on reasonable grounds that it has sufficient information about community interests and preferences to enable the purpose of the policy to be achieved, consultation on the policy is not required. In this situation, staff will take the feedback, alter the policy and present it to Council for a formal decision

3. In-depth feedback received. Staff will conduct a review based on the feedback.

There are two possibilities in this option:

i. Council could determine that it has sufficient information about community interests and preferences to enable the purpose of the policy to be achieved, and adopt the policy as in option two above, or

ii. Council could decide to adopt the policy for formal consultation through the LTP process.

4 Attachments

1. 2017 Significance and Engagement Policy

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2 0 1 7 SIGNIFICANCE & ENGAGEMENT

POLICY

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2 2017SignificanceandEngagementPolicy

CONTENTSCONTEXT 2

ENGAGING OUR COMMUNITIES 3

DETERMINING SIGNIFICANCE 4

IMPLEMENTATION 4

APPENDIX 1 - STRATEGIC ASSETS 5

APPENDIX 2 – COMMUNITY ENGAGEMENT GUIDE 6

Community engagement 6

Formal engagement 7

Other forms of engagement 8

Engagement tools and techniques 9

APPENDIX 3 - DEFINITIONS 9

Community 9

Consultation 9

Decisions 9

Emergency Works 9

Engagement 9

Significance 9

Strategic Asset 9

CONTEXTSometimes the way we engage with you is set by legislation, and there are many steps to follow, and sometimes we can choose This policy guides what we do and the decisions we make

Our Significance and Engagement Policy:

• Identifies how and when communities can expect to be engaged in, or specifically consulted on, decisions about issues, proposals, assets, decisions and activities

• Enables us and our communities to identify the significance that we place on certain issues, proposals, assets, decisions and activities

This policy outlines how we involve our community in our decision making.

Engaging with our community and

getting your feedback is an essential part of our

work.

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ENGAGING OUR COMMUNITIESEngaging with the community is essential to understanding the views and preferences of people likely to be affected by, or who have an interest in, an issue We will consider significance and engagement in the early stages of a proposal before decision-making occurs and, if necessary, reconsider it as a proposal develops

On every issue requiring a decision, the degree of significance will be considered using this policy

We consider the following principles:

• the potential effect on delivering on Council’s direction

• who is likely to be particularly affected by, or interested in, the decision or proposal

• the likely impact/consequences of the decision or proposal from the perspective of those parties

• the financial and non-financial costs and implications of the decision or proposal, taking into account Council’s capacity to perform its role

For certain matters (regardless of whether they are considered significant as part of this policy), we are required to undertake a Special Consultative Procedure as set out in section 83 of the Local Government Act (LGA), or to carry out consultation in accordance with or giving effect to section 82 of the LGA We show these in the formal engagement part of this policy

For all other issues requiring a decision, we will determine the appropriate level of engagement on a case by case basis

In general, the more significant an issue, the greater the need for community engagement

The Community Engagement Guide (attached) identifies the form of engagement we will use to respond to some specific issues It also provides examples of types of issues and how and when communities could expect to be engaged with

Differing levels of engagement may be required during the varying phases of decision-making on an issue, and for different stakeholders

When engaging with Mäori, we will reflect high level agreements already in place such as Joint Management Agreements, Memorandum of Understanding or others such as the Te Kärearea Strategic Relationship Agreement, as starting points We recognise the various Hapu throughout our District, and we will also engage with Te Huinga and the broader Hapu groups where this is needed

For every decision that Council makes we need to work out how important, or significant, it is for our community We look at a number of factors including who is affected by, or interested in the decision, what the costs will be and how important it is for Council together with our community

These factors help us work out the best way to engage with our community on the issue Do we

need to just tell you it’s happening? Do we need to ask your opinion on what we are planning to do? Or do we need to involve you every step of the way

Sometimes the way we engage with you is set by legislation, and there are many steps to follow, sometimes we can choose This policy guides what we do and the decisions we make

In some situations we must formally consult with you using a

Special Consultative Procedure (SCP) – things like some bylaws and statutory

planning documents like the Long Term Plan must use a SCP. The process for this is set

by the Local Government Act, which governs everything we do.

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DETERMINING SIGNIFICANCETo understand an issue’s degree of significance, we will apply the following criteria Except for emergency works, a decision is considered significant if Council determines that two or more of these criteria / measures are triggered:

Impact on Council’s direction Major and long-term

Change in Council’s current level of service Major and long-term

Level of public impact and/or interest

Major and district-wide, or

Major for an identified community of interest

Impact on Council’s capability (non-cost) Major and long-term

Net financial cost/revenue of implementation, excluding any financial impact already included in a Long-Term Plan / Annual Plan

Net capital expenditure >10% of total rates in year commenced, and/or

Net operating expenditure >2 5% of total rates in year commenced

IMPLEMENTATIONWhen any issue requiring a decision does not have a high degree of significance:

• the decision will be made by Council or a Committee, Elected Member or Staff Member with delegated authority

• where the decision is made by Council or a Committee, a report will include an assessment of the degree of significance of the issue and note any engagement proposed Broadly, the amount and form of engagement will be expected to be in proportion to the significance of the issue, although other relevant factors including the nature and circumstances of the decision need to be considered (refer to section 79 of the LGA)

• where the decision is made by an Elected Member or Staff Member acting under delegated authority, it will not be necessary to formally document the assessment of significance or engagement, as these matters are likely to be of low significance

When any issue requiring a decision is determined as having a high degree of significance:

• a report to Council will include an assessment of the degree of significance of the issue, the degree of engagement proposed, the engagement plan proposed and a recommendation

• the decision will be made by Council

When Council makes a decision that is significantly inconsistent with this policy, the steps identified in section 80 of the LGA will be undertaken

For an issue to be considered significant it

must trigger two or more of these criteria

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APPENDIX 1 - STRATEGIC ASSETSOur strategic assets are those vital for delivering services to Whangarei We consider them as whole networks because it is the asset class as a whole that delivers the service Therefore, we will treat them as strategic assets only where a decision affects the whole of the assets in the particular group, or it would materially alter the nature of that group The LGA also determines that shares in a port/airport company and assets required to provide affordable housing as part of Council’s social policy are strategic

The following is our list of strategic assets (list of assets or group of assets):

• Council’s interest in a joint venture with the Crown for the Whangarei District Airport

• 50% interest in the Northland Regional Landfill Limited Partnership

• Pensioner housing

• Transportation and traffic network including footpaths, street lighting and parking, but excluding land sale/purchases

• Wastewater network and treatment plant(s)

• Water treatment, storage and supply network

• Stormwater network

• Reserves and sportsfields (including Toll Stadium)

• Forum North complex

• Hikurangi Swamp drainage scheme

• Libraries

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APPENDIX 2 – COMMUNITY ENGAGEMENT GUIDECommunity engagement• Is a process

• Involves all or some of the public

• Is focused on decision-making or problem-solving

The International Association for Public Participation (IAP2) has developed a Public Participation Spectrum, shown below, to demonstrate the possible types of community engagement

This model also shows the increasing level of public impact as you progress through the spectrum from left to right – i e ‘inform’ through to ‘empower’ In simply ‘informing’ stakeholders there is no expectation of receiving feedback, and consequently there is a low level of public impact At the other end of the spectrum, ‘empowering’ stakeholders to make decisions implies an increase in expectations and therefore an increased level of public impact

It will not always be appropriate or practical to conduct processes at the ‘collaborate’ or ‘empower’ end of the spectrum Many minor issues will not warrant such an involved approach Time and money may also limit what is possible on some occasions It is expected that the vast majority of matters will fall within the ‘inform’, ‘consult’ to ‘involve’ range There are limited statutory situations which fall within the ‘empower’ range

In general, the more significant an issue, the greater the need for community engagement

Inform Consult Involve

Level of engagement

Collaborate Empower

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Formal engagement We will use the Special Consultative Procedure (section 83 of the LGA) where required to We will use an SCP for the following decisions:

• adoption or amendment of a Long-Term Plan (in accordance with section 93 A of the LGA) Unless already provided for in the LTP, we will also use the SCP to;

» alter significantly the intended level of service provision for any core service undertaken by or on behalf of Council, including commencing or ceasing such an activity; or

» transfer the ownership or control of strategic assets, as listed in Appendix 1

• adoption, amendment, or revocation of bylaws if required under section 156(1)(a) of the LGA

• adoption, amendment or revocation of a Local Alcohol Policy

• adoption or review of a Local Approved Products (Psychoactive Substances) Policy

• adoption or review of a Class 4 Venue Policy under the Gambling Act 2003

• preparation, amendment or revocation of a waste management and minimisation plan

• adoption of fees and charges where specifically required to use a SCP under relevant legislation (for example, fees and charges under the Resource Management Act 1991)

We will consult in accordance with, or use a process or a manner that gives effect to the requirements of, section 82 of the LGA where required to do so, including for the following specific issues:

• adopting or amending the annual plan if required under section 95 of the LGA

• adopting,amending or revoking a bylaw if required under section 156(1)(b) of the LGA

• transferring responsibilities to another local authority under section 17 of the LGA

• establishing or becoming a shareholder in a Council-controlled organisation

• adopting or amending a Significance and Engagement Policy where Council considers that it does not have sufficient information about community interests and preferences to enable the purpose of the policy to be achieved

• adopting or amending a Revenue and Financing Policy, Development Contributions Policy, Financial Contributions Policy, Rates Remission Policy, Rates Postponement Policy, or a Policy on the Remission or Postponement of Rate on Mäori freehold land

In some situations we have to follow set

processes and procedures when we consult with you.

These are outlined here.

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Other forms of engagementThe following table provides an example of the differing levels of engagement that might be considered appropriate for all other issues It includes the types of tools associated with each level and the timing generally associated with these types of decisions / levels of engagement

LEVEL INFORM CONSULT INVOLVE COLLABORATE EMPOWER

What does it involve

One-way communication providing balanced and objective information to assist understanding about something that is going to happen or has happened

Two-way communications designed to obtain public feedback about ideas on rationale, alternatives and proposals to inform decision-making

Participatory process designed to help identify issues and views to ensure that concerns and aspirations are understood and considered prior to decision-making

Working together to develop understanding of all issues and interests to work out alternatives and identify preferred solutions

The final decision-making is in the hands of the public Under the LGA, the Mayor and Councillors are elected to make decisions on behalf of their constituents

Types of issues that we might use this for

Water restrictions

Rates Review District Plan Harbour Management Plan

Electoral voting or a proposed change in systems (i e to STV or Mäori seats)

Tools Council might use

Website

Radio

Council News

Facebook

Formal/informal submissions and hearings

Focus and/or Advisory groups

Public meetings

Phone surveys/surveys/ priority polls

Inviting feedback through social media and website

Workshops

Focus and/or Advisory groups

Face-to-face, one-on-one

Public meetings

External working groups (involving community experts)

Binding referendum

Local body elections

When the community can expect to be involved

We would generally advise the community once a decision is made

We would advise the community once a draft decision is made by Council and would generally provide the community with up to four weeks to participate and respond Where desirable to meet the needs of affected parties or groups, and possible within timeframes available, Council may consider extending this period

We would generally provide the community with a greater lead in time to allow them time to be involved in the process

We would generally involve the community at the start to scope the issue, again after information has been collected and again when options are being considered

We would generally provide the community with a greater lead in time to allow them time to be involved in the process e g typically a month or more

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Engagement tools and techniquesOver the time of decision-making, we may use a variety of engagement techniques and the tools may be adapted based on a range of other factors, including history and public awareness of the issue, stakeholder involvement, and timing related to other events and budgets We will also take into

consideration that the community can feel “over consulted” (stop asking us what we think and get on with it) Each situation will be addressed according to both the issue, the phase of decision-making and the individual circumstances

APPENDIX 3 - DEFINITIONSCommunityA group of people living in the same place or having a particular characteristic in common

ConsultationTalking to you and getting your feedback in a formal wayA process of informing the community and seeking information or feedback to inform and assist decision-making Consultation is a formal type of “engagement”, and is often prescribed by legislation and time bound

DecisionsRefers to all of the decisions made by or on behalf of Council including those made by staff under delegation

Emergency WorksWork undertaken to repair and restore Council infrastructure and services following natural events or disasters

EngagementTalking to you and getting your feedbackEngagement is a process which involves all or some of the community and is focused on better understanding views and preferences relevant to Council’s decision-making or problem-solving There is a continuum of engagement

SignificanceHow important is it?Legislatively defined by the Local Government Act 2002 (LGA)

“means the degree of importance of the issue, proposal, decision, or matter, as assessed by the local authority, in terms of its likely impact on, and likely consequences for,—

a) the district or region:b) any persons who are likely to be particularly

affected by, or interested in, the issue, proposal, decision, or matter:

c) the capacity of the local authority to perform its role, and the financial and other costs of doing so ”

Strategic AssetAssets that are essential to our community well-being“means an asset or group of assets that the local authority needs to retain if it is to maintain its capacity to achieve or promote any outcome that it determines to be important to the current or future well-being of the community; and includes—

d) any asset or group of assets listed in accordance with section 76 AA (3) by the local authority; and

e) any land or building owned by the local authority and required to maintain the local authority’s capacity to provide affordable housing as part of its social policy; and

f) any equity securities held by the local authority in—

(i) a port company within the meaning of the Port Companies Act 1988:

(ii) an airport company within the meaning of the Airport Authorities Act 1966”

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Version 1: September 2017

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