Governance Structure
Overview
Far North District Council came into being on 1st November 1989 as a result of the legislated amalgamation of the Bay of Islands County Council, Hokianga County Council, Whangaroa County Council, Mangonui County Council, Kaikohe Borough Council and the Kaitaia Borough Council. The Council is the northernmost in New Zealand.
The District Council is responsible for establishing policies and strategies determining the overall direction of Council. These policies and strategies are implemented by the Chief Executive and Council staff.
The purpose of local government in New Zealand is:
- To enable democratic decision-making and action by, and on behalf of communities.
- To promote the social, economic, environmental and cultural well-being of communities, in the present and for the future.
The Far North District Council currently comprises a Mayor and 9 Councillors who represent the 3 wards within the District. The Mayor is independently elected over the whole District, while Councillors are elected from three electoral areas (wards) being Northern, Western and Eastern. The District is also divided into 3 Community Board divisions.
Local Governance Statement
The Local Governance Statement is a collection of information about the processes through which Council engages with the residents of Far North District, how the Council makes decisions, and how citizens can influence these processes.
The Local Governance Statement provides the public with information on ways to engage in local democratic processes. The Local Governance Statement includes the following broad categories of information:
- functions, responsibilities and activities of the local authority
- electoral arrangements
- governance structures and processes
- the way elected members make decisions and relate to each other and to the management of the local authority
- key policies of the local authority.
Click here to download the Far North District Council Local Governance Statement (389 Kb pdf)
Standing Orders
These Standing Orders were made at the meeting of the Far North District Council on 5 November 2007and apply to all its meetings and to all meetings of Community Boards.
Policy on Determining Significance
Each Council is required to have a 'Policy on Determining Significance'. The policy sets out a standard evaluation process that enables Council to determine the degree of significance of issues, decisions, proposals or other matters that it considers. In particular, this evaluation helps Council to determine the appropriate consultation that may be required prior to actual decision-making, and the extent to which the decision-making history is documented. Click here to view Council's current policy.
Code of Conduct
Council adopted a revised Code of Conduct in August 2009. This Code sets out the values, understandings and expectations agreed amongst the elected members, staff, contractors and consultants of the Far North District Council about the manner in which they conduct themselves. It includes understandings on behaviour towards one another and towards the public.
Council Committees & Delegations
In addition to the formal Council forum, Far North District Council has a number of committees which consider specialist functions or activities of Council.
This section provides information about the roles of these committees.
Audit and Finance committee
Chairperson: Councillor Maxwell
Members: The Mayor and all Councillors
Delegations & Terms of Reference
- To review financial policy and strategy, and Council revenue (including rates, contributions, fees and charges), in conjunction with preparation of annual and long term plans.
- To monitor financial performance and compliance with the Annual Plan, through review of monthly financial reports and forecasts for full year outcomes, and including the accuracy, comprehensibility and completeness of all financial information provided for the use of Council, its Community Boards and the public.
- To liaise with Audit NZ regarding Council's financial systems, compliance with generally accepted accounting practices and standards, and compliance with statutory financial plans and reports.
- To review proposed contract renewals.
- To appoint internal auditors, determine internal audit programmes, and review reports and recommendations.
- To review risk management reports and recommendations.
- Te exercise Council's powers and responsibilities in relation to Council Organisations as described in Part 5 and Schedule 9 of the Local Government Act 2002, except where any function or decision would be in contravention of Clause 32 of Schedule 7 of that Act.
- To monitor compliance with statutes and provisions in relation to local authority loans and approve funding facilities for Council.
- To develop Council policy initiatives relating to Council investments.
- To deal with such other matters as are referred to it by Council and any financial matters referred by Community Boards.
- To approve postponement or remission of rates pursuant to Council policies (subject to staff delegations).
- Approval of remission of rates on Maori land pursuant to Council policies (subject to staff delegations).
- Council's powers, duties, and functions as District Licensing Agency under the Sale of Liquor Act 1989, including the express power to sub-delegate to the Secretary of the District Licensing Agency (the Chief Executive) such of those powers, duties, and discretions as relate to any matter that is the subject of an application to which no objections have been received.
Creative Communities Funding Assessment Committee
Chairperson: Councillor Court
Membership: one member of each of the seven Community Arts Councils within the district, one Iwi representative, and one community representative;
Delegations:
- responsibility for determining the identity of its Community and Iwi representatives;
- authority to allocate funding from the Creative Communities Fund in accordance with established policy.
Hearings Commissioners Delegations
Pursuant to clause 32, schedule 7 of the Local Government Act 2002, Council has delegated to the Development Consents Manager, Resource Consents Manager and the Principal Planner the power to appoint Commissioners to hear and determine resource consent applications, notices of requirements given under Section 168 or 169 and objections lodged under Sections 357, 357A and 357B of the Resource Management Act 1991.
Commissioners be selected on the basis of:
(i) Appropriate knowledge and expertise for the particular application received;
(ii) No known conflict of interest or bias regarding the matters under consideration;
(iii) Availability and cost
(iv) Applicant's preference
(v) Inclusion on register subject to approval by way of Council interview
(vi) Equalised costs
Pursuant to section 34A(1) of the Resource Management Act 1991, Council has delegated to the persons listed in the “Schedule of Potential Commissioners”, attached to the agenda for Council meeting 31 July 2008, the powers to hear and determine resource consent applications, notices of requirements given under Section 168 or 169 and objections lodged under Sections 357, 357A and 357B of the Resource Management Act 1991. Additional commissioners are able to be added to the list at any time with approval of Council.
Rates Postponement Project Joint Committee
Terms of Reference:
Authorising Bodies: Far North District Council, Gisborne District Council, Rodney District Council, Thames-Coromandel District Council, Western Bay of Plenty District Council and Waikato Regional Council (Environment Waikato) (Collectively referred to as "the joint committee councils").
Status: Joint Committee with Gisborne District Council, Rodney District Council, Thames-Coromandel District Council, Western Bay of Plenty District Council and Waikato Regional Council
Administrative Support: To be provided by the administering authority as appointed in the Joint Committee agreement
Purpose: To ensure that the joint committee councils effectively and efficiently implement and manage the rates postponement project in accordance with the terms of the joint committee agreement approved by each council
Delegations:
The joint committee councils delegate to the Rates Postponement Project Joint Committee the duties, powers and responsibilities of the joint committee as set out in the joint committee agreement for rates postponement project including the power to:
- Admit further councils as joint committee councils or additional councils (as those terms are defined in the joint committee agreement).
- Conclude negotiations on the terms of the management agreement with the Management Company in accordance with the principles set out in the heads of agreement and the joint committee agreement and execute it on behalf of the joint committee councils
- Agree annually the budget for the Management Company
- Agree annually the expense budget for the joint committee and the sub-committee
- Set the contribution that will be required from any additional council and any new joint committee council
- Up to the limit of the funds from time to time received from new joint committee or additional councils, and from the Management Company, direct the application of those funds in accordance with the provisions of the joint committee agreement.
- The joint committee is authorised to delegate all of the responsibilities, powers or duties delegated to it to the sub-committee described in the joint committee agreement. The sub-committee may not further sub-delegate any of the duties, powers or responsibilities delegated to it.
- Without prior approval from the joint committee councils, the joint committee councils or any one of them to any contractual obligations or expenditure other than contractual obligations or expenditure specifically authorised in this delegation.
External Appointments & Portfolios
In addition to its formal committees, the Far North District Council has a number of additional forums which deal with specific issues, and also makes appointments to various external forums to ensure District input.
Additional information about external appointments is available on the elected representatives page.
Community Board Role & Delegations
The Local Government Act 2002 states the role of a community board is to:-
- Represent, and act as an advocate for, the interests of its community;
- Consider and report on all matters referred to it by the territorial authority, or any matter of interest or concern to the community board;
- Maintain an overview of services provided by the territorial authority within the community;
- Prepare an annual submission to the territorial authority for expenditure within the community;
- Communicate with community organisations and special interest groups within the community;
Undertake any other responsibilities that are delegated to it by the territorial authority
Delegations (Powers of Board)
The "civic amenities" referred to in these delegations include the following Council activities:
- Amenity lighting
- Cemeteries
- Drainage (does not include reticulated stormwater systems)
- Footpaths
- Public toilets
- Reserves
- Swimming pools
- Town litter
- Town maintenance
Exclusions: From time to time Council may consider some activities and assets as having district wide significance and these will remain the responsibility of Council. These currently include: Hundertwasser toilets, District Library Network, Baysport, the Kerikeri, Kaikohe & Kaitaia Airports, Hokianga Vehicle Ferry, i-Site network, Kaitaia Community Centre, Lindvart Park, Kerikeri Domain, Kawakawa Heated Swimming Pool and Kaikohe Cemetery, Procter Sportsfield, and The Centre at Kerikeri.
- Working with Council managers, set local priorities for minor capital works, within defined budgets (as determined by Council annually) and in accordance with existing strategies, as part of the Annual Plan and Long Term Council Community Plan processes for civic amenities.
- Working with Council managers, reallocate capital new works budgets from the Annual Plan up to 5% per activity within civic amenities, provided that the overall portfolio budgetary targets are met and in accordance with the decision-making requirements set out in Sections 76-81 of the local Government Act 2002.
- Participate in the process of setting local service levels and asset development priorities for civic amenities.
- Allocate Community Funds (and, for Eastern Community Board, the power to allocate the Hundertwasser Donations Account)
- Appoint Community Board representative to provide comment to council staff on resource consent applications referred to the Board. The Community Board representative is expected to consult with other Board members as appropriate.
- Appoint Community Board representatives as appropriate to local community development working parties, e.g. hall upgrade committees, main streets, etc.
- Appoint management committees for local reserves, cemeteries and community centres as set out in section 54(2) of the Local Government Act 2002.
- Name previously unnamed local roads and reserves and to recommend to Council name changes of previously named roads and reserves (refer to Sections 319(j) and 319A of the Local Government Act 1974).
- Prepare and review local reserve management plans in accordance with Section 41 of the Reserves Act 1977 within budget parameter and in a manner consistent with Council policy.
- Prohibit the use of skateboards in specified locations within their communities, in accordance with Council’s Skating Bylaw 1998.
- Prepare and review local cemetery concept plans in accordance with Section 8 of the Burial and Cremation Act 1962 within budget parameters and in a manner consistent with Council Policy.
Waive requirements for non-complying signs, in accordance with Council's Bylaw Chapter 8 "Control of Advertising Signs" and Council Policy 3115 "Appeals and Waivers Policy for Advertising Signs" - Appoint a Board member to Council's Citizens Award Task Group
- Specific to Eastern Community Board – consider any recommendations of the Paihia Heritage Working Group and make appropriate recommendations to Council on the development of a draft Plan Change and a Section 32 analysis on heritage provisions for Paihia
- Authority to set schedule of meeting dates, subject to these meetings not conflicting with meetings of Council and meeting the statutory timeframes for public notification of meetings [s. 46, LGOIMA].
Terms of Reference (What Boards do for Council)
In fulfilling its role and giving effect to its delegations, Community Boards are expected to:
- Comment on adverse performance to the Chief Executive in respect of service delivery.
- Assist communities in the development of structure plans, emergency management community response plans, and community development plans
- Assist communities to set priorities for Pride of Place programmes
- Have special regard for the views of Maori
- Have special regard for the views of special interest groups, e.g. disabled, youth, aged, etc.
- Actively participate in community consultation and advocacy and keep Council informed of local issues.
Seek and report to Council community feedback on current issues by holding:
- Community forum as part of Board meetings
- Varying the venues of Board meetings
- Monitor and make recommendations to Council to improve effectiveness of policy
- Appoint a member to receive Annual Plan\Long Term Council Community Plan submissions pertinent to the Board area, attend hearings within the Board area, and attend Council deliberations prior to the Plan adoption.
Protocols (What Council does for Boards)
In supporting Community Boards to fulfil their role, Council will:
- Develop and uphold a management agreement between the Chief Executive and the Boards
- Organise and host regular workshops with Council to assess the 'State of the Wards & District' to establish spending priorities
Prior to decision-making, seek and include 'Community Board views' in Council reports in relation to:
- the disposal and purchase of land
- the need for esplanade reserves
- lease of reserves
- representation reviews
- the setting of bylaw schedules for liquor bans
- development of new maritime facilities
- community development plans and structure plans
- local Resource Consent applications
- removal and protection of trees
- local economic development initiatives
Organise and host quarterly meetings between Boards, the CEO and senior management staff
Prepare an induction/familiarisation process targeting new members in particular early in the term
Support Board members to arrange meetings with local agencies and service clubs to place more emphasis on partnerships and raising profile of Boards as community leaders.
Permit Board chairperson (or nominated member) speaking rights at Council meetings.
Help Boards to implement local community projects
Provide information
Page created/updated: 1 September 2009 at 2:21 pm
