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          Minutes of the Ordinary Meeting Of The Kaipara District Council Held In The

       Council Chambers, Station Road, Dargaville 21 July 2004 Commencing 1.00 pm


Index

1      Opened : Cr Alspach...................................................................................................................... 2
    1.1       Present...................................................................................................................................... 2
    1.2       In Attendance ............................................................................................................................ 2
    1.3       Apologies .................................................................................................................................. 2
    1.4       Public Forum ............................................................................................................................. 2
2      Presentations.................................................................................................................................. 2
    2.1       1.00 pm : Kaipara District Economic Development Trust 2004/2005 Business Plans ............. 2
    2.2       4.00 pm : New Zealand Citizenship Candidates....................................................................... 2
3      Minutes............................................................................................................................................ 3
    3.1       Ordinary Meeting of Council : 23 June 2004 ............................................................................ 3
4      Policy Items .................................................................................................................................... 3
    4.1   Mangawhai Volunteer Rural Fire Force (MVRFF) : Integration into the New Zealand Fire
    Service ................................................................................................................................................. 3
    4.2       Hakaru Landfill – Future Operations : Options Analysis and Issues to be Resolved ............... 4
    4.3       Process for Developing Pahi and Whakapirau Community Wastewater Solution.................... 5
    4.4       District Plan Review Process .................................................................................................... 6
    4.5  Protection of Significant Coastal Indigenous Pohutukawa Trees – Proposed District Plan
    Change ................................................................................................................................................ 7
    4.6       Kaipara District Council Public Places Liquor Control Bylaw – Statement of Proposal............ 7
    4.7       Mangawhai Club Inc/Mangawhai Bowls Inc : Request for Council Guarantee of Bank Loan .. 7
    4.8       Kaihu River Liaison Committee : Council Representative ........................................................ 8
    4.9       Aratapu Hall : Revocation of Reserve Status ........................................................................... 8
    4.10         Local Government New Zealand Annual General Meeting 2004 : Remits ........................... 9
5      Reports.......................................................................................................................................... 13
    5.1       Mayor's Report - 1904.13........................................................................................................ 13
    5.2       Councillors' Portfolio Reports : 1904.1 - 15 ............................................................................ 13
    5.3       Chief Executive’s Monthly Report - July 2004 ........................................................................ 13
6      Receipt and Endorsement Items ................................................................................................ 13
    6.1       Taharoa Domain Governance Committee – 31 May 2004 ..................................................... 13
    6.2       Kaipara District Economic Development Trust : Business Plans ........................................... 14
7      Information Items............................................................................................................................ 14
    7.1       Legislative Compliance Certification ....................................................................................... 14
Closure : ............................................................................................................................................... 14

                                                                                                                                                 1601.09
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                          Unconfirmed Minutes – 21 July 2004


1     Opened : Cr Alspach

      25 August 2004 Council Meeting : Councillor Russell will open the meeting.




1.1   Present

      Mayor Ramsey (Chair), Councillors Alspach, Bishop, King, Radd, Rogan, Russell, Taylor, Tiller,
      Weston.


1.2   In Attendance

      J McKerchar Chief Executive, B Holden Finance Leader, B King Assets Leader, B Neal Policy
      Leader, Claire Lichtwark McInnes Communication and Services Leader.


1.3   Apologies

      Resolved          Tiller/Bishop
      That the apologies of Councillor Rogan be received.




1.4   Public Forum
      There were ten members of the public present.



2     Presentations

2.1   1.00 pm : Kaipara District Economic Development Trust 2004/2005 Business
      Plans
      Item 6.2 referred. Richard Drake, Chairman and Jason Smith, Chief Executive of the Kaipara
      Development Agency presented the 2004/2005 Business Plans for the Kaipara Development
      Agency and the Kauri Coast Information Centre.




2.2   4.00 pm : New Zealand Citizenship Candidates
      The following people received their New Zealand Citizenship and they and their guests then
      joined Councillors for afternoon tea.
      Richard Alspach (British), Stuart, Lesley and Nikita Jo Duff (Zimbabwean) and Harri Krishnan,
      Yash and Yogendran Krishna (Fijian).


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3     Minutes

3.1   Ordinary Meeting of Council : 23 June 2004

      Communication and Services Leader                 File 1601.08

      A copy of the minutes was circulated.

      Resolved                        Tiller/Bishop
      That the minutes of the Ordinary Meeting of Council held on 23 June 2004, as circulated, be
      confirmed as a true and correct record.



4     Policy Items

4.1   Mangawhai Volunteer Rural Fire Force (MVRFF) : Integration into the
      New Zealand Fire Service
      Regulatory Leader         File 3905.0; 5105.09

      Item 3.1 of Council’s meeting on 23 June 2004 referred.

      A report by the Regulatory Leader was circulated responding to the issues raised on this item at
      that meeting.


      Resolved                        Tiller/King

      1        That an agreement pursuant to Section 38 of the Fire Service Act 1975 between the
               New Zealand Fire Service and Kaipara District Council, integrating the Mangawhai
               Volunteer Fire Force as a New Zealand Fire Service Auxiliary Brigade, be signed.

               This agreement shall include the following responsibilities of each party:

                     New Zealand Fire Service to supply and maintain a modern fire appliance fitted with a
                     Compressed Air Foam System and equipped for urban or rural emergencies,
                     uniforms, equipment and training of volunteers.

                     Kaipara District Council to supply and maintain a water-tanker suitably equipped for
                     response to rural fires, and the existing emergency service building for use by these
                     volunteers.

                     Current and future volunteers to comply with training and instructions from the New
                     Zealand Fire Service and/or Council in responding to both urban and rural fire
                     emergencies where required.

                     Kaipara District Council will reimburse the New Zealand Fire Service for standard
                     appliance and equipments costs associated with response to rural fire if attendance
                     required after the first hour (except for the tanker).

      2        That Council approve of a lease to the New Zealand Fire Service for the occupation of the
               existing building in Wood Street, Mangawhai where:
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                   The term of the lease shall be for six years and provide for two rights of renewal of six
                   years each with final expiry 2022. The lease agreement shall include an exit clause
                   stating the lease on the existing building be subject to the Mangawhai Future Project,
                   and shall cease when Council resolves to dispose of this site for an alternative
                   development. If this exit clause is actioned, Council shall facilitate with locating an
                   alternative suitable site.

                   That no rental be charged for the use of this building by these volunteers or
                   New Zealand Fire Service whilst Council continues to be a key component of this
                   Section 38 Agreement.

                   Any future relocation of the Brigade will be subject to prior consultation with fire
                   volunteers, ambulance and any other emergency services prior to a Special
                   Consultative Procedure.

      3        That Council carry out the identified deferred maintenance items on the Mangawhai Fire
               Station within the existing 2004/05 properties budgets.

      Reason for the Decision

      The Mangawhai area has developed into a substantial urban settlement with properties of high
      values and complementary service industries. Discussions have been ongoing for the New
      Zealand Fire Service to integrate the Mangawhai Volunteer Rural Fire Force and have finally
      reached an agreement for this to occur. It is necessary to ensure the concerns of the
      volunteers are met in relation to future relocation.

      A lease is necessary to formalise the occupation of the site with the New Zealand Fire Service.




4.2   Hakaru Landfill – Future Operations : Options Analysis and Issues to be
      Resolved
      Assets Leader                 File 4203.02

      Council meeting 23 June 2004 Item 3.2 referred.

      A report by the Assets Leader was circulated. The purpose of this report was to identify,
      discuss, and recommend the best option for the future of the Hakaru Landfill. The report built on
      the presentation made at the June 2004 Council workshop and assessed six potential options
      against economic outcomes using Net Present Values for a lifespan of 25 years. The other
      three outcomes (Environmental, Cultural and Social) required by the Local Government Act
      2002 were then scored to gain an overall ranking for each option.

      This work had been required as Council and ratepayers were concerned over the annual
      operating subsidy required for this facility.

      The Chief Executive cautioned if Kaipara was successful in sourcing out-of-district refuse to
      enable filling in 5 – 10 years then the long term liability of the facility should be a Northland-wide
      one and not just Kaipara's.

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      Resolved                   Tiller/Taylor

      That Council adopt, in principle, Option 2: Accelerated Filling for the Hakaru Landfill of the report
      "Hakaru Landfill Future Operations : Options Analysis" of 14 July 2004 .


      Reason for the Decision

      This is the preferred solution on the basis of the economic and community well-being analysis
      undertaken. It will also allow the issues of Resource Consents, sourcing additional refuse,
      options of the closure and fee structures to be investigated, analysed and included in the final
      decision making process.


      Resolved                   Radd/Bishop

      That the Refuse Portfolio Holder be appointed to liaise with the Hakaru Landfill Liaison
      Committee.


      Reason for the Decision

      To ensure strong communication of the political issues.




4.3   Process for Developing Pahi and Whakapirau Community Wastewater Solution
      Assets Leader              File 4511, 4512

      Council meeting 28 April 2004 Item 4.12 referred.

      A memorandum from the Assets Leader was circulated covering the recent successful meetings
      at Pahi and Whakapirau, where community support was gained for Council to proceed with a
      request for proposal for wastewater solutions.

      It was noted that these initiatives must progress independently of Tinopai.


      Resolved                   Tiller/King
      That the information be received; and

      That Council appoint a Projects Steering Committee of the Portfolio Holder, a local
      Councillor and the Assets Leader, with the Mayor and Chief Executive having ex officio status.
      The Committee to be serviced by the Project Manager.

      Reason for the Decision

      This is the first step in developing a cost-effective communal wastewater solution to address the
      contamination of the seawater adjacent to these two communities as tested by the Northland
      Regional Council.




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4.4   District Plan Review Process
      Policy Leader       File 3807.00.01
      Circulated was a report from the Policy Leader which outlined the District Plan review process.

      Resolved                      King/Alspach

      That Council endorse the following process for the review of the District Plan this financial year:

                Stage                                                           Timeframe
       1        Seek expressions of interest for 2004/05 District Plan          Early August 04
                review

       2        Confirm tender briefs for Mangawhai Future                      August/September
                implementation, subdivision provisions review, and
                landscapes, ecological and tree provisions review.

       3        Tender                                                          October /November

       4        Award contract(s)                                               December

       5        Project management                                              December 04 – April 05

       6        District Plan Issues and Options to Council
                - Subdivision Provisions                                        March 05
                - Mangawhai Futures                                             May 05
                - Ecological, Landscape, Tree Provisions                        June 05
                Development Contributions
                - Initial growth model received                                 March 05
                - Determine levels of service (subject to draft Asset           May 05
                Management Plans

       7        Confirm which recommendations are to form part of the           June 05
                wider district plan review or be implemented as priorities
                through District Plan Changes or through the LTCCP
                2006/16

                Implement District Plan changes                                 June/July 05



      Reason for the Decision

      It is important to follow an agreed upon process for a large project such as the District Plan
      review.




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4.5   Protection of Significant Coastal Indigenous Pohutukawa Trees – Proposed
      District Plan Change
      Policy Leader       File 3807.20

      Circulated was a report from the Policy Leader and Connell Wagner Ltd that sought Council’s
      agreement for the proposed new wording of Proposed Plan Change No 20 for the protection of
      significant coastal indigenous pohutukawa trees.

      Resolved                     Alspach/King

      That Council confirms the proposed wording for Proposed Plan Change No20 and associated
      documentation (as contained in the Connell Wagner Report, July 2004) to better target the main
      issue of protecting significant coastal indigenous pohutukawa trees.

      Reason for the Decision

      It is necessary to obtain Council’s agreement on the wording of the proposed Plan Change
      before its public notification.




4.6   Kaipara District Council Public Places Liquor Control Bylaw – Statement of
      Proposal
      Policy Leader                File 3211.0

      Circulated was a report from the Policy Analyst that sought Council’s approval of the Kaipara
      District Council Public Places Liquor Control Bylaw - Statement Of Proposal. The Statement Of
      Proposal was also circulated.

      Resolved                     Bishop/King
      That Council agrees that a bylaw is the most appropriate way to address the problems and
      potential problems associated with the consumption of liquor in specified public places in
      Dargaville and Mangawhai.

      That Council approves the release of the “Proposed Kaipara District Public Places Liquor
      Control Bylaw - Statement Of Proposal” (July 2004) for formal submissions, in accordance with
      the special consultative procedure as required by the Local Government Act 2002.


      Reason for the Decision
      In accordance with the Local Government Act 2002, Council must adopt a Liquor Control Bylaw
      in order to control the possession and consumption of liquor in public places over the New Year
      period in Mangawhai and year round in specified public places in Dargaville.


4.7   Mangawhai Club Inc/Mangawhai Bowls Inc : Request for Council Guarantee of
      Bank Loan
      Finance Leader               File 2305.01
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      A memorandum from the Finance Leader was circulated, and a request from Mangawhai Club
      Inc/Mangawhai Bowls Inc for Council guarantee of their proposed new $100,000 bank loan. The
      loan was for the purpose of building upgrades and extensions.


      Resolved                    Mayor/Russell

      That Council agrees to guarantee, up to $100,000, a Mangawhai Club Inc/Mangawhai Bowls Inc
      loan from Auckland Savings Bank for the purposes of building upgrades and extensions.


      Reason for the Decision

      The request fits all the criteria specified in Council’s Treasury Policy, and the balance sheets of
      both Societies show sound financial positions as at 31 March 2004.




4.8   Kaihu River Liaison Committee : Council Representative
      Communication and Service Leader             File 4302.02

      Further to the Kaihu River management progress, three Kaihu River ratepayers had been
      appointed to the Liaison Committee. This Council now needed to elect its representative to the
      Liaison Committee.

      The Kaihu River Ratepayers Newsletter Number 4 (May 2004) was circulated for information.

      Resolved                   Alspach/Bishop

      That Councillor Tiller be elected as the Kaipara District Council representative on the Kaihu
      River Liaison Committee.

      Reason for the Decision
      To ensure Council representation to the Liaison Committee, as agreed with the Northland
      Regional Council.




4.9   Aratapu Hall : Revocation of Reserve Status
      Assets Leader              File 4603.02

      In November 2003 the Friends of the Aratapu Hall Society gave notification to the Registrar of
      Incorporated Societies to wind up the corporation, and advised Council they wished to hand the
      Hall back to Council. An information item had been referred to Council at the November 2003
      meeting advising that in terms of the Halls Policy, as adopted by Council in May 2002, Council
      should now call for public tenders for the sale of the Hall.

      The land was Crown land vested in Council to administer and was designated as a local
      purpose reserve site for a public hall. On progressing the tender process it had been
      determined that the ownership of the Reserve including the Hall was derived from the Crown.
      The local people constructed the Hall in 1873 and then the Aratapu Hall Trustees transferred the

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    land to the Crown in 1961. Despite its origins the ownership of the Hall lies with the Crown.
    There was a general principle that title to anything that was affixed to the land passed with the
    land.

    A Gazette Notice in 1979 vested control and administration of the Hall in Council but not
    ownership. Council was not able to sell the Hall by tender or otherwise.

    The local community had advised Council that they had no further use of the land and the Hall
    and the Incorporation had been wound up. As an administering body Council was now required
    to initiate the revocation of the Reserve status, being a local purpose reserve site for a public
    hall, and refer to the Minister of Conservation for the disposal of the land and the Hall building.

    Resolved                   Bishop/Tiller

    That pursuant to Section 24 of the Reserves Act 1977, having verified that the local purpose
    (public hall) reserve at Aratapu is no longer required for reserve purposes, the Council hereby
    requests that the Minister of Conservation revoke the reservation over the land comprising 733
    square metres, being part Allotment 10 Kopuru Parish, All Gazette Notice 760499.1 1980
    page 93.

    That Council staff negotiate with the Department of Conservation to expend the sale proceeds
    from the hall on a Reserve within the Kaipara District.

    Reason for the Decision

    To progress the disposal of the Aratapu land and hall building.



4.10 Local Government New Zealand Annual General Meeting 2004 : Remits
    Communication and Services Leader                     File 2113.02

    The remits which had been proposed to the Local Government New Zealand Annual General
    Meeting on 28 July 2004 were circulated. The agenda from Local Government New Zealand
    containing these remits had recently been received.

    Remit 1 : Central Local Government Accord Proposal (Rangitikei District Council)
    This remit sought an accord where costs of new or changed functions were identified and
    provided for. The proposed remit suggested that central government identified the costs
    whereas it would be more likely to be equitable if local government, as the provider, had
    opportunity to determine costs.


    Resolved                   Bishop/Tiller

    That Kaipara District Council delegates to Local Government New Zealand Annual General
    Meeting support the intention of the Remit “Central Local Government Accord Proposal“
    (Rangitikei District Council) but seek an amendment to include local government in the
    identifying process.


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Reason for the Decision

To ensure transparency in cost identification.




Remit 2 : Fencing of Swimming Pools (North Shore City Council)

This remit covered a number of concerns on the Fencing of Swimming Pools Act and asked that
the need for clarity and flexibility be addressed.

The issues of main concern were:

  Effect of the Fencing of Swimming Pools Act on lockable spa pool covers

  Absence of definition of “immediate pool area”

  Lack of clarification about the situation where doors from the house lead directly into the pool
  area

  Absence of clarity about the liability faced by property owners/occupiers, councils/council
  officers, architects/builders, pool retailers and installers – if a drowning or serious injury
  occurs.

For the first issue (spa pool covers) staff of Kaipara believed that lockable pool covers should
qualify and the remit should ask for this, not for clarity on this issue. Currently the Building
Industry Association had issued a determination that these did not meet the building code.

Clarification on immediate pool area was supported, as was clarification of doors from the
house. However it was believed that the last point regarding liability was not an issue as it was,
and would continue to be, determined by the Courts.


Resolved                    Bishop/Tiller
That Kaipara District Council delegates to Local Government New Zealand Annual General
Meeting support the Remit “Fencing of Swimming Pools” (North Shore City Council) on behalf of
the Kaipara District Council with an amendment that lockable pool covers be determined as
meeting the requirements of the Fencing of Swimming Pools Act.

Reason for the Decision
Lockable pool covers meet the intention of the Act which is to prevent drowning.



Remit 3 : Infringement Offences for Liquor Ban Areas (Christchurch City Council); and
Remit 4 : Liquor Licensing Fees (Upper Hutt City Council)

Both these remits recommended amendments to the regulations of liquor control. Both remits
were consistent with Council’s user pays policy and therefore should be supported.

Resolved                    Bishop/Tiller

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That Kaipara District Council delegates to Local Government New Zealand Annual General
Meeting support the Remit “Infringement Offences for Liquor Ban Areas” (Christchurch City
Council) and the Remit “Liquor Licensing Fees” (Upper Hutt City Council).
Reason for the Decision
These remits are consistent with Kaipara District Council policy.



Remit 5 : Passenger Transport Service Procurement (North Shore City Council)

This remit asked for urgency to the review of passenger transport procurement policies. This
issue did not currently directly affect the Kaipara District but had potential to indirectly assist
Kaipara.


Resolved                    Bishop/Tiller

That Kaipara District Council delegates to Local Government New Zealand Annual General
Meeting support the Remit “Passenger Transport Service Procurement” (North Shore City
Council).


Reason for the Decision

It is intended to assist with resolving the Land Transport issues in the greater Auckland area.
Any move resulting in improvement to the Auckland transport issues will assist Northland and
Kaipara.

Remit 6 : Rescue Helicopters (Nelson City Council)

This remit sought a review of funding for rescue helicopters. Kaipara District Council must
ensure that this did not result in rural areas being penalised through being by their very nature
an area of high need.


Resolved                    Bishop/Tiller

That Kaipara District Council delegates to the Local Government New Zealand Annual General
Meeting determine a course of action on the Remit ""Rescue Helicopters" (Nelson City Council)
based on discussion at the Annual General Meeting.


Reason for the Decision

The current funding structure does not disadvantage remote areas.

Remit 7: Solid Waste Legislation (North Shore City Council)

This remit was in support of the New Zealand Waste Strategy by extended producer
responsibility, ceasing of importing tyres and exempting local levies from trade violations.


Resolved                    Bishop/Tiller


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That Kaipara District Council delegates to the Local Government New Zealand Annual General
Meeting support the Remit “Solid Waste Legislation” (North Shore City Council)

Reason for the Decision
To improve local government’s ability to meet waste reduction goals.




Remit 8 : Traffic Enforcement Powers (Waitakere City Council)

This remit sought local authority power to provide traffic enforcement and apply revenue to local
traffic safety programmes. This was a limited application of funds which was unlikely to benefit
Kaipara. Opposing this remit would also be consistent with Council’s current policy on parking
enforcement.


Resolved                    Bishop/Tiller

That Kaipara District Council does not support the Remit “Traffic Enforcement Powers”
(Waitakere City Council)


Reason for the Decision

To be consistent with current Policy.

Remit : Waste Operator Charges and Waste Levies (North Shore City and Waitakere
City Councils)

A letter (circulated) from North Shore and Waitakere City Councils had been received asking for
Kaipara support for a remit on Waste Operator Charges and Waste Levies.

If successful this remit would give councils ability to apply a wider range of economic
disincentives aimed at waste reduction and apply the revenue to reduction programmes


Resolved                   Bishop/Tiller

That Kaipara District Council delegates to the Local Government New Zealand Annual General
Meeting support the Remit “Waste Operator Charges and Waste Levies” (North Shore City and
Waitakere City Councils)


Reason for the Decision

To provide additional means of working toward waste minimisation goals.




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5     Reports

5.1   Mayor's Report - 1904.13

      The Mayor’s report was circulated, and is attached to these minutes.




5.2   Councillors' Portfolio Reports : 1904.1 - 15

      Under this heading Councillors reported on various matters of interest. Councillor Bishop's
      report is attached to these minutes.
      Pahi/Whakapirau Wastewater Scheme Public Meetings

      Councillor Tiller complimented staff on their handling of this issue and the outcome.



5.3   Chief Executive’s Monthly Report - July 2004
      Chief Executive            File 2002.02.05
      The report of the Chief Executive was circulated separately and set out as follows:
      Part One     Activities Report
                   (a)    Summary of Activity
                   (b)    Looking Forward
      Part Two     Organisational Monitoring
                   (a)    Dashboard
                   (b)    Assets contract Acceptances
      Part Three General Information


      Resolved                   Bishop/Tiller
      That the report of the Chief Executive for July 2004 be received.

      Resolved                   Tiller/King

      That Councillor Bishop be Council's contact/liaison person for the Biodiversity Fund
      criteria/applications.


      Moved                      Bishop/Radd

      That a report on casting votes go to the August 2004 meeting of Council.




6     Receipt and Endorsement Items

6.1   Taharoa Domain Governance Committee – 31 May 2004
      Assets Leader       File 4702.24.02.01

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      A copy of the minutes of the Taharoa Domain Committee meeting held 31 May 2004 was
      circulated.

      Resolved                     Radd/Bishop
      That the minutes of the Taharoa Domain Committee meeting held 31 May 2004 be received and
      endorsed.



6.2   Kaipara District Economic Development Trust : Business Plans
      Chief Executive            File 2132.06.01

      Richard Drake, Chairman and Jason Smith, Chief Executive of the Kaipara Development
      Agency presented the 2004/2005 Business Plans for the Kaipara Development Agency and the
      Kauri Coast Information Centre which had been circulated with the agenda.
      Resolved                   Mayor/Tiller
      That the two Draft Business Plans from Kaipara District Economic Development Trust for the
      year ending 30 June 2005, relating to the Kaipara Development Agency and the Kauri Coast
      Information Centre, be received and endorsed; and

      That Mayor Graeme Ramsey and Councillor Ian Russell meet with the Kaipara Development
      Agency to discuss how the Agency's 2004/2005 Business Plans will be conveyed to the public.



7     Information Items

7.1   Legislative Compliance Certification
      Chief Executive            File 2112.01
      The signed certificates were circulated for the period ended 30 June 2004 of the sign-off from
      Management to Council that is undertaken half-yearly.

      Resolved                   Mayor/King
      That Item 7.1 be received.



Closure :

The meeting closed at 4.20 pm.

Confirmed this ……………………. day of ……………………. 2004

Mayor ………………………………




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