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Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand

Please consider the environment before printing this email.

Good morning.

 

Thank you for contacting us at the Far North District Council.

 

I have forwarded your request to the Legal Department for a response -
your correspondence number is 3605312.

 

Kind Regards 
Anja

Ask Us Customer Services Team

Community and Customer Services
Ph. 09 401 5200 or 0800 920 029 

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Please note the reference number in the subject line of this email.  If
you need to contact us again regarding this request, please quote the
reference number.
If you need to contact us about a different issue, please use our website
form for email at [1]www.fndc.govt.nz/contact.

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Dear Sir,

 

I refer to your email dated 26 September 2013.  The Far North District
Council’s Code of Conduct, which applies to members of community boards
(as well as councillors and others), is attached.  I note however that it
is likely that the Code will soon be updated following the recent local
body elections.

 

Yours faithfully,

 

Robert Manuel

Legal Services Manager

Corporate Services 
Far North District Council
Ph. 09 401 5200 or 0800 920 029

 

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Get it done online at your convenience, visit our website -
www.fndc.govt.nz

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Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand

Please consider the environment before printing this email.

Dear Mr Edmonds,

 

I refer to your two emails regarding the Kaikohe-Hokianga Community Board
and its members.  Unfortunately, due to pressure of work, we are not in a
position to research your questions at present.  However I expect to be
able to supply the answers sometime during the coming week.

 

Yours sincerely,

 

Robert Manuel

Legal Services Manager

Corporate Services

Far North District Council

Ph. 09 401 5200 or 0800 920 029

 

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Dear Mr Edmonds,

 

Thank you for your email.  I have issued a reminder to my colleagues in
respect of this matter.  I assure you I will keep track of this matter
until your request has been resolved.

 

Yours sincerely,

 

Robert Manuel

Legal Services Manager

Corporate Services

Far North District Council

Ph. 09 401 5200 or 0800 920 029

 

 

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Dear Mr Edmonds,

 

I acknowledge receipt of your latest email.  I actually issued a reminder
this morning.  I regret that I am unable to give you a date whereby you
can be assured of a reply, as I have not been given that information
myself.  Please accept my apologies for the ongoing delay.  I am conscious
of the Council’s obligations in terms of the official information
legislation and I am keeping an eye on this matter in that regard.  The
assurance given in my previous email holds true.

 

Yours sincerely,

 

Robert Manuel

Legal Services Manager

Corporate Services

Far North District Council

Ph. 09 401 5200 or 0800 920 029

 

 

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Dear Mr Edmonds,

 

I refer again to the two similar emails you sent on 15 October 2013.  I
have now received a response from one of my colleagues.  Please note that
her comments include reference to the “previous” Kaikohe-Hokianga
Community Board because, as you know, a new Board has just been elected. 
I have been advised as follows:

 

·         The previous Kaikohe-Hokianga Community Board did not formally
adopt the Code of Conduct.  (The Board was not legally obliged to do so.) 
The previous Council adopted the Code of Conduct on the basis that it
would apply to all elected members including members of community boards. 
Likewise, the previous Kaikohe-Hokianga Community Board did not formally
adopt the Standing Orders which were adopted by the Council, but followed
them as best practice.

 

·         Aside from the relevant legislation, and the Code of Conduct and
Standing Orders, other documents that describe in some way the role of the
community boards and their members include: the candidate information
booklet issued at election time, a publication known as the Local
Government Handbook, and a list of “job descriptions” which were recently
developed by the Remuneration Authority.

 

·         All new and re-elected members of the newly-elected
Kaikohe-Hokianga Community Board will be given the opportunity to receive
training.

 

In addition to the above comments, and in relation to your remarks about
training days and materials, I note that the relevant legislation is
actually the key factor governing the roles of the community boards and
their members.  However I understand from the wording of your emails that
your enquiries were not directed at the legislation but rather that you
are interested in the other material available to the community board
members.

 

Yours sincerely,

 

Robert Manuel

Legal Services Manager

Corporate Services

Far North District Council

Ph. 09 401 5200 or 0800 920 029

 

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Dear Mr Edmonds,

 

This is a short email to inform you that I will be asking a member of my
team, Katherine Te Haara-Atama, to contact you in relation to your
request.  In the meantime I can advise that we are unable to supply you
with a copy of the Local Government Handbook.  It is a sizeable
publication, a 124-page A4-size book.  A copy can be made available for
inspection; alternatively you may be able to purchase a copy from Local
Government New Zealand.  Anyway, Mrs Te Haara-Atama will be in touch with
you soon.

 

Yours sincerely,

 

Robert Manuel

Legal Services Manager

Corporate Services

Far North District Council

Ph. 09 401 5200 or 0800 920 029

 

 

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Tena Koe Mr Edmonds,

 

We have a copy of the Local Government Handbook for you to peruse as we
are not able to provide copies of this document as it is copy written. 
Although, you are able to order a copy from the LGNZ website: 
[1]http://www.lgnz.co.nz//home/knowhow-trai...

 

The Candidate Information Booklet is available online -
[2]http://www.fndc.govt.nz/your-council/loc...
and the Remuneration Authority information is also available online -
[3]http://remauthority.govt.nz/documents/Re....

 

If you would like to come into the office and peruse the Local Government
Handbook we can certainly arrange this for you.  If you could provide me
with your preferred time and date then we can schedule a meeting room for
you.

 

I look forward to your response.

Kindest regards

Katherine Te Haara-Atama
Legal Administration Officer | Health & Safety Representative
Corporate Services | Human Resources
Ph. 09 401 5200 or 0800 920 029

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From: Robert Manuel
Sent: Wednesday, 6 November 2013 2:37 p.m.
To: 'Mr M J Edmonds'
Cc: Katherine Te Haara - Atama
Subject: RE: Community Board members

 

Dear Mr Edmonds,

 

This is a short email to inform you that I will be asking a member of my
team, Katherine Te Haara-Atama, to contact you in relation to your
request.  In the meantime I can advise that we are unable to supply you
with a copy of the Local Government Handbook.  It is a sizeable
publication, a 124-page A4-size book.  A copy can be made available for
inspection; alternatively you may be able to purchase a copy from Local
Government New Zealand.  Anyway, Mrs Te Haara-Atama will be in touch with
you soon.

 

Yours sincerely,

 

Robert Manuel

Legal Services Manager

Corporate Services

Far North District Council

Ph. 09 401 5200 or 0800 920 029

 

 

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When: Monday, 11 November 2013 3:00 p.m.-3:45 p.m. (GMT+12:00) Auckland,
Wellington.
Where: Kaikohe Far North District Council Office
 
Note: The GMT offset above does not reflect daylight saving time
adjustments.
 
*~*~*~*~*~*~*~*~*~*
 
Hello again Mr Edmonds
 
I have sent you this calendar invite and I am happy to provide you perusal
of the handbook.
 
Please accept this calendar invite and I will see you at the office.
 
Just advise front counter staff that you are here and they will phone me.
 
Kindest regards
 
Katherine
 
__________
 
Dear Katherine Te Haara - Atama,
 
     I will be at the council buildings on Monday afternoon for another
     meeting. If I come early will that be suitable for you? Say
     somewhere between 3 and 4pm?
 
     Yours sincerely,
 
     Mr M J Edmonds
 
    

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Good Morning Mr Edmonds

I will forward your enquiry to my Manager, Robert Manuel for a response.

Kindest regards

Katherine Te Haara-Atama
Legal Administration Officer | Health & Safety Representative
Corporate Services | Human Resources
Ph. 09 401 5200 or 0800 920 029

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Dear Mr Edmonds,

 

I refer to your latest email (forwarded to me by Katherine) and confirm
that there are no training materials other than the documents you have
already been given access to, and the legislation.  You will appreciate
that training is focused on assisting the board members to become familiar
with the relevant legislation, Standing Orders, and the Code of Conduct.

 

Regards,

 

Robert Manuel

Legal Services Manager

Corporate Services

Far North District Council

Ph. 09 401 5200 or 0800 920 029

 

 

show quoted sections

Dear Mr Edmonds,

 

I refer to your latest email (forwarded to me by Katherine) and confirm
that there are no training materials other than the documents you have
already been given access to, and the legislation.  You will appreciate
that training is focused on assisting the board members to become familiar
with the relevant legislation, Standing Orders, and the Code of Conduct.

 

Regards,

 

Robert Manuel

Legal Services Manager

Corporate Services

Far North District Council

Ph. 09 401 5200 or 0800 920 029

 

show quoted sections

Dear Mr Edmonds,

 

Further to your discussion with Katherine Te Haara-Atama, two extracts
from the Local Government Handbook appear below:

 

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Extract no. 1

 

Community Boards

 

Established during the comprehensive reform of local government undertaken
in 1988/89, there are approximately 120 community boards in New Zealand
ranging in size from boards representing only a few hundred residents to
boards in Christchurch which represent more than 60,000 residents.

 

Community boards are elected bodies that operate at a community level
providing both a community voice and a mechanism for providing services
from a neighbourhood setting.  The majority of territorial authorities
have community boards whose members are also elected at the triennial
local government elections.  The LGA 2002 describes community boards as
unincorporated bodies which are neither a local authority, nor a committee
of a local authority.

 

The role of community boards

The purpose of community boards is set out in Section 52 of the LGA 2002,
which states that their role is to:

o Represent, and act as an advocate for, the interests of its community;
o Consider and report on all matters referred to it by the territorial
authority, or any matter of interest or concern to the community
board;
o Maintain an overview of services provided by the territorial authority
within the community;
o Prepare an annual submission to the territorial authority for
expenditure within the community;
o Communicate with community organisations and special interest groups
in the community; and
o Undertake any other responsibilities delegated to it by the
territorial authority.

 

A community board can only exercise powers that are delegated by the local
authority or are prescribed by Order in Council.  The level of delegations
given to community boards varies considerably throughout New Zealand. 
While some councils have kept delegations to a minimum, leaving community
boards with a largely advisory role, others have found that providing
boards with a wide range of local functions improves their ability to meet
community outcomes.

 

The LGA 2002 requires councils to actively consider whether or not to
delegate to community boards such powers that would enable community
boards to best achieve their role.

 

The roles and functions often delegated to community boards include
responsibility for local community facilities, local parks, road and
traffic responsibilities, hearing committees, resource management
functions, and community liaison.  There are, however, some things that
councils cannot delegate to community boards, such as the power to:

o Make a rate;
o Make a by-law;
o Borrow money, or dispose of assets other than in accordance with the
long-term plan; and
o Appoint, remove, or suspend a chief executive (or any staff).

 

Delegations

When undertaking their representation reviews – at least once every six
years – all councils need to consider whether or not community boards are
needed in their cities or districts.  There are a number of factors that
councils should take into account when considering whether or not to
delegate responsibilities to their community boards.

 

For example:

o Because they are closer to communities and neighbourhoods; community
boards have more information about local issues and may be better
informed on local issues than the council as a whole;
o Delegating local or neighbourhood responsibilities to community boards
can free up councils, enabling them to focus on strategic district or
city-wide issues without the distraction of too much operational
detail; and
o Delegating local service delivery decisions to community boards allows
councils to spend more time on the more complex policy issues
confronting their communities.

 

Councils must also ensure community boards have the necessary
administrative and other facilities to fulfil their statutory purpose,
including policy advice.  The LGA 2002 states that ”a chief executive….is
responsible to his or her local authority for…providing advice to members
of the local authority and to its community boards, if any…”

 

The LGA 2002 also introduced “proportional voting” for community board
chairs.  The process requires that:

o The person to be elected receives the vote of the majority of the
members of the board present and voting; and
o If more than one round of voting is required, the least successful
candidate in a round of voting may not be a candidate in the next
round of voting.

 

Clearly, this will only apply where there are more than two candidates for
the position of chairperson of the board.  It must also be used for the
election of the deputy chairperson of the board and the chairperson of any
board committees.

 

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Extract no. 2

 

The role of a community board member

 

By electing you to a community board, your fellow citizens have appointed
you to a position of leadership in your community.  They will treat you
with respect and will expect you in return to represent their opinions
faithfully and with integrity.  They will also expect you to actively work
for the benefit and enhancement of the community as a whole.

 

The role of a community board member is varied.  To be an effective
community board member you need to know that it consists of more than just
attending community board meetings.  It also involves a high-level of
commitment.  In order to effectively represent your community you will
need to attend many other meetings and events in your local community. 
Your community board will only be as good as you and your colleagues make
it.

 

Representative role

Advocacy

o To promote residents’ issues and initiatives to the community board
and the council;
o To be an advocate for local issues and initiatives on behalf of
residents, to the city or district council, or to central government;
o To monitor the range and level of council services provided within the
community board’s jurisdiction, and to advocate changes as necessary;
o To respond to resident and community issues and submissions, and to
act as leaders in the community when problems may arise and when
issues or initiatives need to be promoted;
o To engage in community development activities in conjunction with
council officers.  (Board members frequently assist with the
initiation and facilitation of community development initiatives and
may liaise with council officers who are responsible for taking action
and reporting back).

 

Public face and consultation

o To represent the community to central government agencies and wider
community forums;
o To liaise with, and to communicate with, community groups regarding
local issues and initiatives, and the processes, services and
decisions of the community board and the council; and
o To clarify and promote the role of the community board in the ward and
wider communities.

 

Governance role

Relationships and facilitation

o To work in cooperation with the council.  Community boards are part of
the local authority and must work within the framework of the powers
and functions set out in statute and delegated by the council;
o To act as an interface between the council and the community.  Board
members should listen to the diversity of viewpoints and concerns in
their community, represent and communicate these to the council, and
work towards a common understanding; and
o To attend meetings of the community board and any other bodies the
member has been asked to serve on.

 

Decision-making

o To contribute to the development of community board policies, to set
and monitor key performance indicators;
o To ensure the integrity of the community board and its decisions, and
represent these to the community and particular groups in a way that
promotes the board rather than the individual;
o To scrutinise council policies and services within the community board
area and to advise the council on ways of enhancing effectiveness;
o To ensure decisions are made on the basis of sound information and
rationale, and that they reflect the interests of the communities
represented by the board; and
o To ensure the structures and systems used by the board (i.e. agenda)
support and encourage effective democratic decision-making.

 

Information gathering

o To actively seek good-quality information and keep well informed of
community priorities, broader issues and local initiatives; and
o To respond specifically to information that is directed to board
members, such as emails, submissions, deputations, and financial
reports.

 

Accountability

o To sit on hearing panels (if delegated) and engage in decision-making
processes with no bias, acting at all times with integrity and
professionalism;
o To act in accordance with democratic accountability to all residents
within the area;
o To act in accordance with the community board or council’s code of
conduct and
o To prepare for and attend all community board meetings.

 

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I am sorry for the delay in providing this information.  The delay
occurred because it was necessary for me to find time to peruse the
provisions of the Copyright Act 1994.  Please note that I have provided
you with the above information on the following basis:

 

o In my view the above extracts form a relatively insubstantial portion
of the contents of the total publication;
o My understanding is that you wished to obtain this information for
your private study and research.

 

I have concluded that supplying this information to you on the above basis
is permissible under the Copyright Act.  However, I feel obliged to
caution you against copying this material or forwarding this email to any
other persons as that, in my view and depending on the specific
circumstances, could involve breaching the Copyright Act.

 

Yours sincerely,

 

Robert Manuel

Legal Services Manager

Corporate Services 
Far North District Council
Ph. 09 401 5200 or 0800 920 029

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From: Katherine Te Haara - Atama
Sent: Friday, 8 November 2013 2:11 p.m.
To: 'Mr M J Edmonds'
Cc: Robert Manuel
Subject: RE: Community Board members
Importance: High

 

Tena Koe Mr Edmonds,

 

We have a copy of the Local Government Handbook for you to peruse as we
are not able to provide copies of this document as it is copy written. 
Although, you are able to order a copy from the LGNZ website: 
[1]http://www.lgnz.co.nz//home/knowhow-trai...

 

The Candidate Information Booklet is available online -
[2]http://www.fndc.govt.nz/your-council/loc...
and the Remuneration Authority information is also available online -
[3]http://remauthority.govt.nz/documents/Re....

 

If you would like to come into the office and peruse the Local Government
Handbook we can certainly arrange this for you.  If you could provide me
with your preferred time and date then we can schedule a meeting room for
you.

 

I look forward to your response.

Kindest regards

Katherine Te Haara-Atama
Legal Administration Officer | Health & Safety Representative
Corporate Services | Human Resources
Ph. 09 401 5200 or 0800 920 029

--------------------------------------------------------------------------

From: Robert Manuel
Sent: Wednesday, 6 November 2013 2:37 p.m.
To: 'Mr M J Edmonds'
Cc: Katherine Te Haara - Atama
Subject: RE: Community Board members

 

Dear Mr Edmonds,

 

This is a short email to inform you that I will be asking a member of my
team, Katherine Te Haara-Atama, to contact you in relation to your
request.  In the meantime I can advise that we are unable to supply you
with a copy of the Local Government Handbook.  It is a sizeable
publication, a 124-page A4-size book.  A copy can be made available for
inspection; alternatively you may be able to purchase a copy from Local
Government New Zealand.  Anyway, Mrs Te Haara-Atama will be in touch with
you soon.

 

Yours sincerely,

 

Robert Manuel

Legal Services Manager

Corporate Services

Far North District Council

Ph. 09 401 5200 or 0800 920 029

 

 

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