1. Pursuant to section 255 of the Local Government Act 2002 ("the Act"), the Minister of Local Government gives notice of his appointment of the following persons as Commissioners of the Kaipara District Council ("Council") to perform and exercise its responsibilities, duties and powers:
Richard Booth
Colin Dale
John Robertson
Peter Winder
together referred to as the "Commissioners".
2. Pursuant to clause 16(2) of Schedule 15 of the Act, the Minister of Local Government gives notice of his appointment of
John Robertson
as chairperson of the Commissioners.
Election of the Kaipara District Council
3. Pursuant to sections 255(1)(b) and 257 of, the Minister of Local Government gives notice that a general election for the Council will be held on 17 October 2015.
4. Pursuant to clause 15(5) of Schedule 15 of the Act, the Minister of Local Government gives notice that the next triennial general election for the Council (scheduled for October 2013) is cancelled.
Term of Commissioners’ appointment
5. Commissioners listed in this notice take office on the date of this notice. The Commissioners’ term of appointment will end on the day after the date on which members of the Council are declared elected, following the general election on 17 October 2015.
Terms and conditions of appointment
6. Pursuant to section 255(4) of the Act, the Minister of Local Government appoints the Commissioners on the following terms and conditions:
(a) The Commissioners will carry out all the functions and powers of the Council provided for under the Act, the Resource Management Act 1991 and any other Act which imposes powers, duties or obligations on the Council.
(b) The Commissioners must comply with any legal obligations that would otherwise apply to the Council, such as public consultation requirements in the Act and the Resource Management Act 1991.
(c) The Commissioners are required to perform the following tasks as outlined below.
Phase one - appointment of Commissioners until December 2012
The Commissioners will:
- work through issues raised by the Council’s 2010/11 annual report and the Council’s 2012-22 long-term plan that relate to the financial risks faced by the Council;
- undertake actions to enforce the payment of 2012/13 rates and any unpaid rates from previous years;
- work with the Kaipara community and ratepayers and the Department of Internal Affairs to identify options
for dealing with invalidly set rates and other legal compliance matters;
- identify the capacity of the Mangawhai Community Wastewater Scheme, whether it is fit for purpose, and the ideal funding model for the scheme for the future. This work is to have regard to the findings from
the Auditor-General’s Inquiry into the Mangawhai Community Wastewater Scheme ("the Auditor-General’s report");
- begin to identify the extent of the problems faced by
the Council (building on the work of the Kaipara
District Council Review Team ("the Review Team") and
the Auditor-General’s report), and engage in existing Council initiatives to address these issues; and
- begin initial engagement with the community and iwi to rebuild confidence and trust in the Council. This may include the establishment of community and iwi reference groups.
Phase two - January to June 2013
The Commissioners will:
- identify the full extent of the problems faced by the Council (building on the work of the Review Team and the Auditor-General’s report);
- work with the Council’s Chief Executive to build capability and capacity within the Council organisation in many key areas, including asset and financial management;
- continue to work with the Kaipara community and ratepayers and the Department of Internal Affairs to progress options to deal with invalidly set rates and other legal compliance matters (if any);
- progress the development and implementation of strategies required to address the problems faced by
the Council. This will include initiating a review of the Council’s strategic and policy framework and considering whether an amendment is required to the adopted
2012-22 long-term plan to provide the Council with a more sustainable operating model and equitable funding base for the future;
- develop a comprehensive communications strategy to ensure effective engagement with the community and iwi; and
- adopt a 2013/14 annual plan and set the rates for 2013/14.
Phase three - June 2013 to June 2015
The Commissioners will:
- carry out extensive community and iwi engagement to continue to rebuild confidence and trust in the Council;
- conduct a review of the Council’s financial strategy, plans, rating policies, and capability (including debt and asset management), to ensure financial resilience
and equitable and sustainable funding;
- consider shared services and cooperation with other councils;
- consider (with the community and other local authorities) options for structural changes in local government
in Northland, including options for reorganisation/
amalgamation; and
- develop the 2015-25 long-term plan in consultation with community and iwi.
Phase four - July to October 2015:
The Commissioners will develop an exit plan to facilitate
a smooth transition back to an elected Council. This may include:
- recommendations for any Government assistance required (eg special legislation);
- recommendations to use the Ministerial intervention
and assistance provisions proposed as part of the Local Government Act 2002 Amendment Bill 2012 to assist the newly elected Council if appropriate; and
- a plan for the induction of the new mayor and councillors to be elected in 2015.
Remuneration
7. The remuneration of Commissioners will be paid out
of money belonging to the Council pursuant to clause 18 of Schedule 15 of the Act. Remuneration will be paid in accordance with the daily rates set by the Minister of Local Government under section 255(5) and clause 18 of Schedule 15 of the Act and the Fees and Travelling Allowances Act 1951. Expenses incurred by the Commissioners will be reimbursed out of money belonging to the Council in accordance with the Fees and Travelling Allowances Act 1951.
8. The Chairperson is responsible for ensuring the Commissioners’ remuneration stays within approved levels and that any expenses claimed by Commissioners are reasonable and necessary.
Advice and administrative support to the Commissioners
9. As the governing body of the Council, the Commissioners will be supported by its chief executive.
The Commissioners will also have the ability to engage such other support or advice they may require.
Reporting requirements
10. The Commissioners will report quarterly to the Minister of Local Government on progress towards addressing
the organisational capability and performance of the Council organisation and completion of the identified phases of work.
Dated at Wellington this 31st day of August 2012.
HON DAVID CARTER, Minister of Local Government.