Northland Regional Council Minutes

 
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Northland Regional Council Minutes
Extraordinary Council Meeting
22 June 2021

                           Northland Regional Council Minutes

                            Extraordinary meeting held in the Council Chamber
                                       36 Water Street, Whangārei
                            on Tuesday 22 June 2021, commencing at 10.00am

Tuhinga/Present:
                                Chairperson, Penny Smart
                                Councillors:
                                      Terry Archer
                                      Justin Blaikie
                                      Jack Craw
                                      Colin Kitchen
                                      Amy Macdonald
                                      Marty Robinson
                                      Rick Stolwerk
                                      Joce Yeoman (via audio visual link)

I Tae Mai/In Attendance:
                                Full Meeting
                                Independent Financial Advisor (via audio visual link)
                                Chief Executive Officer
                                GM - Corporate Excellence
                                Acting Strategy, Policy and Planning Manager
                                Management Accountant
                                Economist
                                Economic Policy Advisor
                                Policy Specialist
                                Governance Support Manager

The Chair declared the meeting open at 10.01am. Proceedings commenced with the Tauāki a roto
by full council.

Ngā whakapahā/Apologies (Item 1.0)
The apology from the Independent Audit & Risk Advisor for non-attendance was acknowledged.

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.

ID: A1450857                                                                                       1
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Adoption of the Long Term Plan 2021-2031 Revenue and Financing Policy,
Financial Contributions Policy, Significance and Engagement Policy, Financial
Strategy and Infrastructure Strategy (Item 5.1)
ID: A1447343
Report from Kyla Carlier, Acting Strategy Policy and Planning Manager
Moved (Stolwerk/Macdonald)
       1.     That the report ‘Adoption of the Long Term Plan 2021-2031 Revenue and Financing
              Policy, Financial Contributions Policy, Significance and Engagement Policy, Financial
              Strategy and Infrastructure Strategy’ by Kyla Carlier, Acting Strategy Policy and Planning
              Manager and dated 25 May 2021, be received.
       2.     That having undertaken consultation in accordance with sections 82 and 82A by way of
              the Special Consultative Procedure in accordance with section 87, and pursuant to
              section 76AA of the Local Government Act 2002, the council adopt the Significance and
              Engagement Policy as included in the final draft Long Term Plan 2021-2031 (issued in
              the 22 June 2021 extraordinary council meeting supporting information).
       3.     That in accordance with the requirements of sections 101A and 101B of the Local
              Government Act 2002, the council adopts the Financial Strategy and Infrastructure
              Strategy as included in the final draft Long Term Plan 2021-2031 (issued in the 22 June
              2021 extraordinary council meeting supporting information).
       4.     That, having undertaken consultation in accordance with the Special Consultative
              Procedure, and pursuant to section 93 of the Local Government Act 2002, the council
              adopts as its Long Term Plan 2021-2031, the final draft Long Term Plan 2021-2031
              (issued in the 22 June 2021 extraordinary council meeting supporting information).
       5.     That having undertaken consultation in accordance with sections 82 and 82A, and
              pursuant to section 102 of the Local Government Act 2002, the council adopt the
              following policies as included in the final draft Long Term Plan 2021-2031 (issued in the
              22 June 2021 extraordinary council meeting supporting information):
              a.      Revenue and Financing Policy; and
              b.      Financial Contributions Policy.
       6.     That council delegate to the Group Manager – Governance and Engagement the
              authority to approve any minor accuracy, grammatical, typographical or formatting
              amendments to the Long Term Plan 2021-2031 prior to it being published.
Carried

Secretarial Note: Audit findings noted than an accounting loss was forecast in the 2024 financial year
(year three of the Long Term Plan) as a consequence of the proposed grant of $6m in relation to the
Oruku development.

ID: A1450857                                                                                            2
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Adoption of User Fees and Charges 2021/22 | Kaupapa Here a Utu (Item 5.2)
ID: A1446820
Report from Robyn Broadhurst, Policy Specialist
Moved (Kitchen/Stolwerk)
       1.     That the report ‘Adoption of User Fees and Charges 2021/22 | Kaupapa Here a Utu’ by
              Robyn Broadhurst, Policy Specialist and dated 24 May 2021, be received.
       2.     That council sets and adopts the User Fees and Charges 2021/22 (included as
              Attachment 1 pertaining Item 5.2 of the 22 June 2021 extraordinary council meeting
              agenda).
       3.     That council authorises Bruce Howse, Group Manager – Corporate Excellence to make
              any necessary minor drafting, typographical, rounding, or presentation corrections to
              the User Fees and Charges 2021/22 prior to final publication of the document.
Carried

Rating Considerations Under S100T of the Biosecurity Act 1991 (Item 5.3)
ID: A1447419
Report from Kyla Carlier, Acting Strategy Policy and Planning Manager and Don McKenzie,
Biosecurity Manager
Moved (Craw/Blaikie)
       1.     That the report ‘Rating Considerations Under S100T of the Biosecurity Act 1991’ by Kyla
              Carlier, Acting Strategy Policy and Planning Manager and Don McKenzie, Biosecurity
              Manager and dated 25 May 2021, be received.
       2.     That council adopts the section 100T analysis for the purpose of setting the Pest
              Management Rate, as set out in the Funding Impact Statement of the Long Term Plan
              2021 - 2031 and as outlined in Item 5.3 of the 22 June 2021 extraordinary council
              meeting agenda.
Carried

Rates for the year 1 July 2021 to 30 June 2022 (Item 5.4)
ID: A1447428
Report from Simon Crabb, Finance Manager and Casey Mitchell, Management Accountant
Moved (Stolwerk/Blaikie)
       1.     That the report ‘Rates for the year 1 July 2021 to 30 June 2022’ by Simon Crabb, Finance
              Manager and Casey Mitchell, Management Accountant and dated 14 June 2021, be
              received.
       2.     That the Northland Regional Council resolves to set the following rates under the Local
              Government (Rating) Act 2002 (LGRA) for the financial year commencing 1 July 2021
              and ending 30 June 2022:

       a. Targeted council services rate
       A targeted rate as authorised by the LGRA. The rate is calculated on the total projected capital
       value, as determined by the certificate of projected valuation of each constituent district in
       the Northland region. An additional $1.73 (including GST) per each rateable separately used

ID: A1450857                                                                                            3
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       or inhabited part (SUIP) of a rating unit is to be assessed across the Whangārei constituency to
       provide funding for the ongoing maintenance of the Hātea River Channel. The rate is
       differentiated by location in the Northland region and assessed as a fixed amount per each
       rateable separately used or inhabited part (SUIP) of a rating unit in the Far North and
       Whangārei districts, and on each rateable rating unit (RU) in the Kaipara district. The rate is
       set as follows:
                                                                                    Including GST
       Far North District                                                       $111.36 per SUIP
       Kaipara District                                                           $136.32 per RU
       Whangārei District                                                       $132.69 per SUIP
       The Whangārei District targeted council services rate amount of $132.69 (including GST) per
       SUIP includes funding for the Hātea River Channel amount of $1.73 (including GST).

       b. Targeted land and freshwater management rate
       A targeted rate as authorised by the LGRA. The rate is assessed on the land value of each
       rateable rating unit in the region. The rate is set per dollar of land value. The rate per dollar
       of land value is different for each constituent district because the rate is allocated based on
       projected land value, as provided for in section 131 of the LGRA. The rate is set as follows:
                                                                                    Including GST
       Far North District                                    $0.0003787 per dollar of land value
       Kaipara District                                      $0.0003425 per dollar of land value
       Whangārei District                                    $0.0003795 per dollar of land value

       c. Targeted pest management rate
       A targeted rate as authorised by the LGRA. The rate is calculated on the total projected
       capital value, as determined by the certificate of projected valuation of each constituent
       district in the Northland region. The rate is a fixed amount, differentiated by location in the
       Northland region. The rate will be assessed on each rateable separately used or inhabited
       part (SUIP) of a rating unit in the Far North and Whangārei districts, and each rateable rating
       unit (RU) in the Kaipara District. The rate is set as follows:
                                                                                   Including GST
       Far North District                                                        $64.97 per SUIP
       Kaipara District                                                            $79.53 per RU
       Whangārei District                                                        $76.40 per SUIP

       d. Targeted flood infrastructure rate
       A targeted rate as authorised by the LGRA. The rate is a fixed amount assessed on each
       rateable separately used or inhabited part (SUIP) of a rating unit in the Far North and
       Whangārei districts, and each rateable rating unit (RU) in the Kaipara District. The rate is set
       as follows:
                                                                                   Including GST
       Far North District                                                        $31.19 per SUIP

ID: A1450857                                                                                               4
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       Kaipara District                                                            $31.19 per RU
       Whangārei District                                                        $31.19 per SUIP

       e. Targeted emergency and hazard management rate
       A targeted rate as authorised by the LGRA. The rate is calculated on the total projected
       capital value, as determined by the certificate of projected valuation of each constituent
       district in the Northland region. The rate is a fixed amount, differentiated by location in the
       Northland region. The rate will be assessed on each rateable separately used or inhabited
       part (SUIP) of a rating unit in the Far North and Whangārei districts, and each rateable rating
       unit (RU) in the Kaipara District. The rate is set as follows:
                                                                                   Including GST
       Far North District                                                        $32.21 per SUIP
       Kaipara District                                                            $39.43 per RU
       Whangārei District                                                        $37.88 per SUIP

       f. Targeted emergency services rate
       A targeted rate as authorised by the LGRA. The rate is a fixed amount assessed on each
       rateable separately used or inhabited part (SUIP) of a rating unit in the Far North and
       Whangārei districts, and each rateable rating unit (RU) in the Kaipara District. The rate is set
       as follows:
                                                                                   Including GST
       Far North District                                                        $11.84 per SUIP
       Kaipara District                                                            $11.84 per RU
       Whangārei District                                                        $11.84 per SUIP

       g. Targeted regional sporting facilities rate
       A targeted rate as authorised by the LGRA. The rate is a fixed amount assessed on each
       rateable separately used or inhabited part (SUIP) of a rating unit in the Far North and
       Whangārei districts, and each rateable rating unit (RU) in the Kaipara District. The rate is set as
       follows:
                                                                                   Including GST
       Far North District                                                        $16.95 per SUIP
       Kaipara District                                                            $16.95 per RU
       Whangārei District                                                        $16.95 per SUIP

       h. Targeted regional economic development rate
       A targeted rate as authorised by the LGRA. This rate is assessed on the land value of each
       rateable rating unit in the region. The rate is set per dollar of land value. The rate per dollar
       of land value is different for each constituent district, because the rate is allocated based on
       projected land value, as provided for in section 131 of the LGRA. The rate is set as follows:
                                                                                    Including GST
       Far North District                                    $0.0000240 per dollar of land value

ID: A1450857                                                                                               5
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       Kaipara District                                        $0.0000217 per dollar of land value
       Whangārei District                                      $0.0000240 per dollar of land value

       i. Targeted Whangārei transport rate
       A targeted rate as authorised by the LGRA. The rate is a fixed amount assessed on each
       rateable separately used or inhabited part of a rating unit (SUIP) in the Whangārei District.
       The rate is set as follows:
                                                                                      Including GST
       Whangārei District                                                           $23.07 per SUIP

       j. Targeted Far North transport rate
       A targeted rate as authorised by the LGRA. The rate is a fixed amount assessed on each
       rateable separately used or inhabited part of a rating unit (SUIP) in the Far North District. The
       rate is set as follows:
                                                                                      Including GST
       Far North District                                                            $8.88 per SUIP

       k. Targeted Awanui River management rate
       A targeted rate set under the LGRA, set differentially by location and area of benefit as
       defined in the Awanui River Flood Management Plan, and as defined in the following table:
                                                     The rate is set differentially as follows:
        Category Description                                                        Rate including GST
        UA           Urban rate class UA (floodplain location) $283.33 direct       $311.10 per SUIP
                     benefit plus $27.77 indirect benefit per separately used
                     or inhabited part of a rating unit (SUIP).
        UA           Urban rate class UA – commercial differential.                 $933.30 per SUIP
        UF           Urban rate classes UF (higher ground) $27.77 direct            $55.54 per SUIP
                     benefit plus $27.77 indirect benefit per separately used
                     or inhabited part of a rating unit.
        UF           Urban rate class UF – commercial differential.                 $166.62 per SUIP
        Rural        Rural rate differentiated by class, $12.11 per separately      $12.11 per SUIP
                     used or inhabited part of a rating unit (SUIP) of indirect
                     benefit plus a rate per hectare for each of the following
                     classes of land in the defined Kaitāia flood rating district
                     as illustrated in the following maps and table.
        Class        Description                                                    Rate including GST
        A&B          High benefit; rural land which receives high benefit from
                     the Awanui scheme works due to reduced river flooding
                                                                                    $23.35 per hectare
                     risk and/or reduced duration of flooding and/or coastal
                     flooding – all rateable land other that in the commercial
                     differential.

ID: A1450857                                                                                             6
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        A & B commercial differential                                          $70.05 per hectare
        C            Moderate benefit; land floods less frequently and water
                     clears quickly – all rateable land other that in the
                                                                               $10.95 per hectare
                     commercial differential.
        C commercial differential                                              $32.85 per hectare
        F            Contributes runoff waters and increases the need for      $0.77 per hectare
                     flood protection - all rateable land other that in the
                     commercial differential.
        F commercial differential                                              $2.31 per hectare

         The rating classifications are illustrated in the following maps:

ID: A1450857                                                                                        7
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       l. Targeted Kaihū River management rate
       A targeted rate set under the LGRA, and set differentially by location and area of benefit as
       defined in the following table:

ID: A1450857                                                                                           8
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   Class      Description                                                Rate Including GST
   A        Land on the floodplain and side valleys downstream of        $23.13 per hectare
            Rotu Bottleneck.
   B        Land on the floodplain and tributary side valleys            $11.39 per hectare
            between Ahikiwi and the Rotu Bottleneck and in the
            Mangatara Drain catchment upstream of SH12.
   F        Land within the Kaihū River rating area not falling within   $1.60 per hectare
            Class A and Class B.
 Urban Contribution – A contribution from the Kaipara District           $5,015 per annum
 Council instead of a separate rate per property:

The rating classifications are illustrated in the following map:

ID: A1450857                                                                                  9
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       m. Targeted Kaeo-Whangaroa rivers management rate
       A targeted rate set under the LGRA, set on a uniform basis in respect of each rateable
       separately used or inhabited part of a rating unit falling within the former Whangaroa Ward
       rating rolls of 100-199, as illustrated in the map below:
                                                                                  Including GST
       Former Whangaroa Ward                                                     $54.52 per SUIP

       n. Targeted Whangārei urban rivers management rate
       A targeted rate set under the LGRA and assessed on all rateable properties defined by reference
       to the differential categories and differentiated by location (illustrated in the map below) and,
       for some categories, land use. It is set as a fixed amount per each rateable separately used or
       inhabited part (SUIP) of a rating unit, as follows:
        Category                                                                    Including GST
        1              Commercial properties located in the Whangārei Central       $349.49 per SUIP
                       Business District flood area:

        2              Residential properties located in the Whangārei Central      $177.56 per SUIP
                       Business District flood area:

        3              Properties located in the contributing water catchment       $42.22 per SUIP
                       area (including properties falling in the Waiarohia,
                       Raumanga, Kirikiri and Hātea River Catchments):

ID: A1450857                                                                                           10
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Differential categories for the Whangārei urban rivers management rate:
                                Residential properties in the Whangārei central business district
                                (CBD) flood area are defined as all rating units which are used
                                principally for residential or lifestyle residential purposes, including
                                retirement villages, flats etc.
 Residential properties
                           Residential properties also includes multi-unit properties, these
 in the Whangārei
                           being all separate rating units used principally for residential
 central business district
                           purposes, and on which is situated multi-unit type residential
                           accommodation that is used principally for temporary or
                           permanent residential accommodation and for financial reward,
                           including, but not limited to, hotels, boarding houses, motels,
                           tourist accommodation, residential clubs and hostels but excluding

ID: A1450857                                                                                               11
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                                any properties that are licensed under the Sale and Supply of
                                Alcohol Act 2012.
                           Commercial properties in the Whangārei CBD flood area are all
                           separate rating units used principally for commercial, industrial or
 Commercial properties related purposes or zoned for commercial, industrial or related
 in the Whangārei          purposes in accordance with the Whangārei district plan. For the
 central business district avoidance of doubt, this category includes properties licensed
                           under the Sale and Supply of Alcohol 2012; and private hospitals
                           and private medical centres.

      o.     Targeted Taumārere rivers management rate
      A targeted rate set under the LGRA, set on a uniform basis in respect of each rateable
     separately used or inhabited part of a rating unit falling within the Tamārere, as illustrated in
     the map below:
                                                                                   Including GST
       Taumārere                                                                 $61.13 per SUIP

       •      Payment dates for rates, discounts, and penalty regime
              That the Northland Regional Council resolves the following:
       Far North District constituency:
       All rates within the Far North District constituency are payable in four equal instalments, on
       the following dates:

ID: A1450857                                                                                             12
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           Instalment                                 Due date for payment
           Instalment 1                               20 August 2021
           Instalment 2                               22 November 2021
           Instalment 3                               21 February 2022
           Instalment 4                               20 May 2022

       The Northland Regional Council resolves to add the following penalties to unpaid Far North
       District constituency rates:
      •       In accordance with section 58(1)(a) of the LGRA, a penalty of ten percent (10%) will be
              added to any portion of each instalment of Far North District constituency rates assessed
              in the 2021/22 financial year that is unpaid on or by the respective due date for payment
              as stated above. These penalties will be added on the following dates:
           Instalment                                    Date penalty will be added
           Instalment 1                                27 August 2021
           Instalment 2                                29 November 2021
           Instalment 3                                28 February 2022
           Instalment 4                                27 May 2022

       Kaipara District constituency:
       All rates within the Kaipara District constituency are payable in four equal instalments, on the
       following dates:
            Instalment                                    Due date for payment
            Instalment 1                                  20 August 2021
            Instalment 2                                  20 November 2021
            Instalment 3                                  20 February 2022
            Instalment 4                                  20 May 2022

       The Northland Regional Council resolves to add the following penalties to unpaid Kaipara
       District constituency rates:
       •       In accordance with section 58(1) (a) of the LGRA, a penalty of ten percent (10%) of so
               much of each instalment of the Kaipara District constituency rates assessed in the
               2021/22 financial year that are unpaid after the relevant due date for each instalment
               will be added on the relevant penalty date for each instalment stated below, except
               where a ratepayer has entered into an arrangement by way of direct debit authority, or
               an automatic payment authority, and honours that arrangement. These penalties will be
               added on the following dates:
           Instalment                                    Date penalty will be added
           Instalment 1                                21 August 2021
           Instalment 2                                21 November 2021
           Instalment 3                                21 February 2022

ID: A1450857                                                                                         13
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           Instalment 4                                     21 May 2022
       •        In accordance with section 58(1)(b) of the LGRA, a penalty of ten per cent (10%) of the
                amount of all Kaipara District constituency rates (including any penalties) from any
                previous financial years that are unpaid on 7 July 2021 will be added on 8 July 2021.
       •        In accordance with section 58(1)(c) of the LGRA, a penalty of ten per cent (10%) of the
                amount of all Kaipara District constituency rates to which a penalty has been added
                under the point immediately above and which remain unpaid on 10 January 2022 will be
                added on 11 January 2022.

       Whangārei District constituency:
       All rates within the Whangārei District constituency are payable in four equal instalments, on
       the following dates:
               Instalment                                     Due date for payment
               Instalment 1                                   20 August 2021
               Instalment 2                                   20 November 2021
               Instalment 3                                   20 February 2022
               Instalment 4                                   20 May 2022

       The Northland Regional Council resolves to add the following penalties to unpaid Whangārei
       District constituency rates:
       •       In accordance with section 58(1)(a) of the LGA, a penalty of ten percent (10%) will be
               added to any portion of each instalment of Whangārei District constituency rates
               assessed in the 2021/22 financial year that is unpaid on or by the respective due date for
               payment as stated above. These penalties will be added on the following dates:
           Instalment                                   Date penalty will be added
           Instalment 1                                     25 August 2021
           Instalment 2                                     24 November 2021
           Instalment 3                                     23 February 2022
           Instalment 4                                     25 May 2022
       •        In accordance with section 58(1)(b) of the LGRA, a penalty of ten per cent (10%) will be
                added to any Whangārei District constituency rates (including any penalties) from any
                financial year prior to 1 July 2021 that still remain unpaid as at 1 July 2021. This penalty
                will be added on 1 September 2021.

       The district councils have advised that their rates adoption dates are as follows:
           •      Far North District Council – 24 June 2021
           •      Kaipara District Council – 30 June 2021
           •      Whangarei District Council – 24 June 2021.
       Should their collection and/or penalty dates change through the rate setting process we will
       need to amend our resolution accordingly.

Carried

ID: A1450857                                                                                               14
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Adoption of rating policies pertaining to the Kaipara, Whangārei and Far
North districts, including policies on remission and postponement of rates on
Māori freehold land (Item 5.5)
ID: A1447782
Report from Kyla Carlier, Acting Strategy Policy and Planning Manager; Kim Harvey, Assistant
Management Accountant and Casey Mitchell, Management Accountant
Moved (Macdonald/Robinson)
       1.     That the report ‘Adoption of rating policies pertaining to the Kaipara, Whangārei and
              Far North districts, including policies on remission and postponement of rates on Māori
              freehold land’ by Kyla Carlier, Acting Strategy Policy and Planning Manager; Kim Harvey,
              Assistant Management Accountant and Casey Mitchell, Management Accountant and
              dated 26 May 2021, be received.
       2.     That having undertaken consultation in accordance with sections 82 and 83, and
              pursuant to section 102 and sections 108-110 of the Local Government Act 2002, and
              sections 55 and 56 of the Local Government (Rating) Act 2002, and having considered
              Schedule 11 of the Local Government Act 2002, the council adopt the rating policies for
              the Kaipara district, Whangārei district, and Far North district (including the Policy on
              the Remission and Postponement of Rates on Māori Freehold Land), that are relevant to
              the Northland Regional Council effective from 1 July 2021 included as an attachment to
              this agenda.
       3.     That council authorise Bruce Howse – Group Manager, Corporate Excellence, to make
              any necessary minor drafting, typographical, or presentation corrections to the rating
              policies prior to the document going to print.
Carried

Joint Delivery of Local Government Economic Development Services in
Northland (Item 5.6)
ID: A1450759
Report from Emmanouela Galanou, Economic Policy Advisor and Darryl Jones, Economist
Moved (Blaikie/Kitchen)
       1.     That the report ‘Joint Delivery of Local Government Economic Development Services in
              Northland’ by Emmanouela Galanou, Economic Policy Advisor and Darryl Jones,
              Economist and dated 10 June 2021, be received.
       2.     That council agrees to sell 40 shares in Northland Inc Limited to each of Far North
              District Council and Kaipara District Council at a value of $2 per share and authorises the
              Chief Executive Officer to sign the Share Sale and Purchase Agreements (Attachment
              One pertaining to Item 5.6 of the 22 June 2021 extraordinary meeting agenda) and
              Share Transfer Forms (Attachment Two) to execute the sale.
       3.     That council authorises Chair Penny Smart to sign the Northland Inc Limited
              Shareholder Agreement (Attachment Three) which includes the Constitution of
              Northland Inc Limited.
       4.     That council authorises the establishment of a Joint Regional Economic Development
              Committee with Far North District Council and Kaipara District Council, pursuant to
              clause 30(1)(b) and 30A of Schedule 7 of the Local Government Act 2002.

ID: A1450857                                                                                          15
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       5.     That council adopt the Terms of Reference for the Joint Regional Economic
              Development Committee (Attachment Four), delegates those responsibilities and
              duties to the Joint Regional Economic Development Committee and acknowledges that
              this fulfils the requirements of clause 30A(1) of Schedule 7 of the Local Government Act
              2002.
       6.     That council appoints Councillor Blaikie and Councillor Archer as council’s
              representatives on the Joint Regional Economic Development Committee and appoints
              Councillor Kitchen as the alternative elected member.
       7.     That council agrees to the new Criteria and procedures for the allocation of funding
              from the Investment and Growth Reserve (Attachment Five).
Carried

Secretarial Note: The Chair extended congratulations to all for ‘a successful Long Term Plan’.

Whakamutunga (Conclusion)
The meeting concluded at 10.07am.

ID: A1450857                                                                                         16
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