Regional Council Agenda

NOTICE IS GIVEN that the next meeting of the Regional Council will be held in Mataatua Room, Bay of Plenty Regional Council, 5 Quay Street, Whakatāne on:

Thursday 6 August 2020 COMMENCING AT 9.30 am

 

Fiona McTavish

Chief Executive, Bay of Plenty Regional Council Toi Moana

6 August 2020

 


 

Council

Membership

Chairperson

Chairman Doug Leeder

Deputy Chairperson

Cr Jane Nees

Members

All Councillors

Quorum

Seven members, consisting of half the number of members

Meeting frequency

Six weekly or as required for Annual Plan, Long Term Plan and other relevant legislative requirements

Purpose

·                Enable democratic local decision-making and action by, and on behalf of, Bay of Plenty communities.

·                Meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses.

·                Set the overarching strategic direction for Bay of Plenty Regional Council as an organisation.

·                Hold ultimate responsibility for allocating financial resources across the Council.

Role

·                Address Local Electoral Act matters and Local Government Rating Act matters.

·                Oversee all matters relating to identifying and contributing to community outcomes.

·                Consider and agree on matters relating to significant new activities or areas of involvement such as infrastructure which are not the responsibility of a specific committee.

·                Provide regional leadership on key issues that require a collaborative approach between a number of parties.

·                Review and decide the Council’s electoral and representation arrangements.

·                Consider issues of regional significance which are not the responsibility of any specific standing committee or that are of such regional significance/high public interest that the full Council needs to decide on them.

·                Adopt Council’s Policy on Significance and Engagement Policy.

·                Develop, adopt and implement the Triennial Agreement, Code of Conduct and Standing Orders.

·                Consider and agree on matters relating to elected members’ remuneration.

·                Appoint the Chief Executive, and review their contract, performance and remuneration at least annually.

·                Approve all delegations to the Chief Executive, including the authority for further delegation to staff.

·                Oversee the work of all committees and subcommittees.

·                Receive and consider recommendations and matters referred to it by its committees, joint committees, subcommittees and working parties.

·                Approve membership to external bodies and organisations, including Council Controlled Organisations.

·                Develop, adopt and review policies for, and monitor the performance of, Council Controlled Organisations.

·                Monitor and review the achievement of outcomes for the Bay of Plenty Community.

·                Review and approve strategic matters relating to the sale, acquisition and development of property for the purposes of meeting Council’s organisational requirements and implement Regional Council policy.

·                Address strategic corporate matters including property and accommodation.

·                Consider and agree on the process to develop the Long Term Plan, Annual Plan and Annual Report.

·                Adopt the Long Term Plan, Annual Plan and budgets variations, and Annual Report.

·                Adopt Council policies as required by statute (for example Regional Policy Statement and Regional Land Transport Strategy) to be decided by Council or outside of committee delegations (for example infrastructure policy).

·                Develop, review and approve Council’s Financial Strategy and funding and financial policies and frameworks.

·                Institute any proceedings in the High Court that are not injunctive proceedings.

·                Exercise the powers and duties conferred or imposed on Council by the Public Works Act 1981.

Delegations from Council to committees

·                Council has a role to monitor the functioning of all committees.

·                Council will consider matters not within the delegation of any one Council committee.

·                Council may at any time, revoke or modify a delegation to a Council committee, either permanently, for a specified time or to address a specific matter, if it considers there is good reason to do so.

·                The delegations provided to committees may be further delegated to subcommittees unless the power of further delegation is restricted by Council or by statute.

·                It is accepted in making these delegations that:

·                The committees, in performing their delegated functions, powers or duties, may, without confirmation by the Council, exercise or perform them in a like manner and with the same effect as the Council itself could have exercised or performed them.

·                The delegated powers given shall at all times be subject to their current policies and principles or directions, as given by the Council from time to time.

·                The chairperson of each committee shall have the authority to exercise their discretion, as to whether or not the delegated authority of the committee be used where, in the opinion of the chairperson, circumstances warrant it.

Powers that cannot be delegated

Under Clause 32 Schedule 7 of the Local Government Act 2002, Council must make the following decisions:

·                Make a rate.

·                Make a bylaw.

·                Borrow money or purchase or dispose of assets, other than in accordance with the long-term plan.

·                Adopt the long-term plan, annual plan, or annual report.

·                Appoint a chief executive.

·                Adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement.

·                Adopt a remuneration and employment policy.

 


Bay of Plenty Regional Council - Toi Moana

Governance Commitment

mō te taiao, mō ngā tāngata - our environment and our people go hand-in-hand.

 

 

We provide excellent governance when, individually and collectively, we:

·        Trust and respect each other

·        Stay strategic and focused

·        Are courageous and challenge the status quo in all we do

·        Listen to our stakeholders and value their input

·        Listen to each other to understand various perspectives

·        Act as a team who can challenge, change and add value

·        Continually evaluate what we do

 

 

TRED LIGHTLY, THINK DEEPLY,
ACT WISELY, SPEAK KINDLY.


Regional Council                                                                                                            6 August 2020

Recommendations in reports are not to be construed as Council policy until adopted by Council.

Agenda

E te Atua nui tonu, ko mātau ēnei e inoi atu nei ki a koe, kia tau mai te māramatanga ki a mātau whakarite mō tēnei rā, arahina hoki mātau, e eke ai te ōranga tonu ki ngā āhuatanga katoa a ngā tangata ki tō mātau rohe whānui tonu. Āmine.

 

 

“Almighty God we ask that you give us wisdom in the decisions we make here today and give us guidance in working with our regional communities to promote their social, economic, environmental and cultural well-being.  Amen”.

1.       Opening Karakia

2.       Apologies

3.       Public Forum

4.       Items not on the Agenda

5.       Order of Business

6.       Declaration of Conflicts of Interest

7.       Public Excluded Business to be Transferred into the Open

8.       Minutes

Minutes to be Confirmedw

8.1      Council Meeting - 25 June 2020                                                              3

8.2      Council Meeting (Extraordinary) - 1 July 2020                                     3

Minutes to be Received

8.3      Regional Transport Committee Minutes - 6 September 2019              3

8.4      Regional Transport Committee Minutes - 21 February 2020               3

8.5      Rangitaiki River Forum Minutes - 6 September 2019                           3

8.6      Ōhiwa Harbour Implementation Forum Minutes - 19 September 2019 3

8.7      SmartGrowth Leadership Group Meeting - 18 December 2019           3

8.8      SmartGrowth Leadership Group Meeting - 18 March 2020                  3

8.9      SmartGrowth Leadership Group Meeting (not yet confirmed) - 20 May 2020                                                                                                           3

8.10    Te Maru o Kaituna River Authority Minutes - 27 September 2019      3

8.11    Te Maru o Kaituna River Authority Minutes - 28 February 2020         3

8.12    Eastern Bay of Plenty Joint Committee (not yet confirmed) - 17 March 2020                                                                                                           3

8.13    Bay of Plenty Civil Defence Emergency Management Group Joint Committee Minutes - 3 June 2020                                                          3

8.14    Bay of Plenty Civil Defence Emergency Management Group Joint Committee Minutes - 26 June 2020                                                        3

8.15    Tauranga Moana Advisory Group Minutes - 19 June 2020                   3

9.       Presentations

9.1      Presentation by Dr Rod Carr - Chair, Climate Change Commission. 10.00am via Zoom

Presented by: Dr Rod Carr

Dr Rod Carr, Chair of the Climate Change Commission will attend the meeting via Zoom at 10.00 am to provide a presentation.

10.     Reports

10.1    Chairperson's Report                                                                               3

Decisions Required

10.2    Wallaby Management Programme Procurement Plan                         3

Attachment 1 - Wallaby Management Programme Procurement Plan                         3

10.3    2020 LGNZ Remits Recommendations                                                   3

Attachment 1 - 2020 LGNZ AGM Remits Recommendations                                         3

10.4    Appointment to fast-track expert consenting panel                            3

10.5    Approval of Amended SmartGrowth Leadership Group Agreement and Appointment of Alternate Members                                                      3

Attachment 1 - SmartGrowth Amended Agreement - 1 July 2020                               3

10.6    Recommendations from Tauranga Moana Advisory Group                 3

Attachment 1 - Legal Memo from Paul Beverley, Partner, Buddle Findlay                  3

Information Only

10.7    Upper North Island Supply Chain - Ministry of Transport Report       3

Attachment 1 - Sapere UNISCS Report June 2020                                                          3

11.     Public Excluded Section

Resolution to exclude the public

Excludes the public from the following parts of the proceedings of this meeting as set out below:

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Item No.

Subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Grounds under Section 48(1) for the passing of this resolution

When the item can be released into the public

11.16

Public Excluded Council Meeting - 25 June 2020

As noted in the relevant Minutes.

As noted in the relevant Minutes.

To remain in public excluded.

11.17

Regional Property Update

Withholding the information is necessary to enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

48(1)(a)(i) Section 7 (2)(i).

On the Chief Executive's approval.

11.18

Crown Infrastructure Funding for Flood Protection Projects

Withholding the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely otherwise to damage the public interest; Withholding the information is necessary to enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

48(1)(a)(i) Section 7 (2)(c)(ii); 48(1)(a)(i) Section 7 (2)(i).

On the Chief Executive's approval.

 

Minutes to be Received

11.16  Public Excluded Council Meeting - 25 June 2020

Decisions Required

11.17  Regional Property Update

Attachment 1 - Council Obligations under Civil Defence Emergency Management Act and Building Act in Respect of GECC

Information Only

11.18  Crown Infrastructure Funding for Flood Protection Projects

12.     Public Excluded Business to be Transferred into the Open

13.     Readmit the Public

14.     Consideration of Items not on the Agenda

15.     Closing Karakia


Regional Council                                                                                                      6 August 2020

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Regional Council                                                                                                      6 August 2020

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Regional Council                                                                                                      6 August 2020

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Regional Council                                                                                                      6 August 2020

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Regional Council                                                                                                      6 August 2020

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Regional Council                                                                                                      6 August 2020

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Regional Council                                                                                                      6 August 2020

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Regional Council                                                                                                      6 August 2020

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Report To:

Regional Council

Meeting Date:

6 August 2020

Report Authoriser:

Doug Leeder, Chairperson

 

 

Chairperson's Report

 

Executive Summary

Since the preparation of the previous Chairman’s Report (for the 25 June 2020 Council meeting) I have attended and participated in a number of meetings and engagements as Chairman on behalf of the Bay of Plenty Regional Council. 

This report sets out those meetings and engagements, outside of Council, Committee and Sub-Committee meetings, and highlights key matters of interest that I wish to bring to Councillors’ attention.

 

Recommendations

That the Regional Council:

1        Receives the report, Chairperson's Report.

1.        Purpose

The purpose of this report is to update Council on meetings and engagements, outside of Council, Committee and Sub-Committee meetings, I have attended and participated in as Chairman.  Also to highlight key matters that will be of interest to Councillors.

The following section summarises these meetings and engagements. I will provide further detail at the meeting in response to any questions you may have.

 

2.        Meetings and Engagements

Date

Meeting / Engagement

Comment

26 June

Provincial Growth Fund Announcement (PGF) – Whakatāne

Announcement made by Deputy Prime Minister Hon Winston Peters and Parliamentary Under-Secretary for Regional Economic Development, Fletcher Tabuteau, for $2.5 million PGF funding to speed up economic recovery in Whakatāne.

27 June

Te Rūnanga o Ngāti Awa and Minister for Conservation Eugenie Sage - Whakatane

Announcement made by Minister of Conservation Hon Eugenie Sage and Parliamentary Under-Secretary for Regional Economic Development, Fletcher Tabuteau, for funding of $5 million into Te Rūnanga o Ngāti Awa’s environmental projects with $2.5 million committed from the Department of Conservation’s Job for Nature programme and $2.4 million from Predator Free 2050 Limited through the Provincial Growth Fund.

29 June

Regional Sector Water Subgroup meeting - Teleconference

National Policy Statement for Freshwater Management update discussed.

1 July

SmartGrowth Mayors, Chairs and Council Chief Executives meeting - Tauranga

Pre-meeting before the SmartGrowth Leadership Group meeting.

SmartGrowth Leadership Group meeting – Tauranga

Attended.

Meeting with Eastern Bay Chair and Mayors - Zoom

Discussed cycleways.

3 July

Regional Iwi Leaders Hui – Tauranga

An opportunity for Regional Iwi Leaders to gather and discuss priorities for iwi and hapū post-COVID-19 and how to achieve success for Māori communities.

6 July

Project Rerewhakaaitu Annual General Meeting - Rerewhakaaitu Domain

Attended.

13 July

Jobs for Nature Reference Group Meeting - Zoom

Attended.

15 July

Local Government New Zealand National Council meeting – Wellington

Attended.

16 July

Regional Sector Water Subgroup Meeting - Wellington

Discussed the Essential Freshwater Package and implementation.  Also discussed Freshwater Farm Plans.

Rural and Provincial Sector Group Meeting – Wellington

Spoke about the Jobs For Nature Programme including, an overview, the role of the reference group, and how funding is being allocated.

Regional Sector Dinner – Wellington

Attended.

17 July

Regional Sector Group Meeting – Wellington

Sector updates were provided on: Freshwater, Regional Chief Executive Officers, Transport, and Biodiversity and Biosecurity were discussed. Other key items included a Three Waters Update from Bill Bayfield Chief Executive of Taumata Arowai and Allan Prangnell, Partnerships Director at the Department of Internal Affairs.  We also discussed the Jobs for Nature Programme Delivery.

22 July

Maori Representation Workshop (Northland Regional Council) - Zoom

Ex-Councillor John Cronin and I spoke at the workshop, which was focused on providing insight from a range of speakers who have direct experience and/or different perspectives on Māori representation to help inform council decision making.

Kia Kaha Whakatane Governance Group Meeting - Zoom

Attended.

Tauranga City Vision Interview by Stakeholder Strategies - Zoom

Joint interview with Fiona McTavish, about Regional Council’s aspirations, challenges and preferences for the future of Tauranga City.  

23 July

Three Waters Reform Workshop – Mount Maunganui

This workshop is one of many throughout the country, following the announcement of a $761 million funding package from central government designed to support economic recovery post COVID-19 and address persistent systemic issues facing three waters.

The workshop was hosted by the Central and Local Government Steering Committee, and provided an opportunity to discuss the immediate process moving forward, raise questions and receive more information on the Memorandum of Understanding and Funding Agreement.

28 July

Jobs for Nature Reference Group Workshop – Wellington

Attended.

 

 


 

 

 

Report To:

Regional Council

Meeting Date:

6 August 2020

Report Writer:

Shane Grayling, Biosecurity Team Leader

Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Purpose:

Seek approval of Wallaby Management Programme Procurement Plan to engage a Contractor supplier panel to deliver Services required to support the Wallaby Programme.

 

 

Wallaby Management Programme Procurement Plan

 

Executive Summary

Recent investment from central Government ($27m nationally) combined with increased funding from both Bay of Plenty Regional Council and Waikato Regional Council provides an opportunity for a significant expansion of our collaborative wallaby management programme.

A significant increase in contractor capacity is required to deliver the programme. The programme partners: Department of Conservation and the Waikato and Bay of Plenty Regional Councils (with support from Te Arawa Lakes Trust) are committed to a joint procurement process to engage contractors to deliver on all of the services required across the programme.

A Procurement Plan outlining this process is provided for approval.

 

Recommendations

That the Regional Council:

1        Receives the report, Wallaby Management Programme Procurement Plan.

2        Approves the Wallaby Procurement Plan (subject to receipt of external funding (or part thereof) as per the Wallaby Procurement Plan).

3        Delegates:

(a)  to the Chief Executive or the appropriate General Manager necessary approvals required to implement the Wallaby Management Programme procurement process;

(b)  to the Chief Executive the signing of the Multi-Agency Agreement (to be entered into with Waikato Regional Council and other Wallaby Programme partners as set out in the Wallaby Procurement Plan); and

(c)  to the Chief Executive the awarding of contracts pursuant to the Wallaby Procurement Plan.

 

1.        Introduction

Bay of Plenty Regional Council in collaboration with Waikato Regional Council (WRC) and the Department of Conservation (DOC) have been managing wallabies for many years under various iterations of the Regional Pest Management Plan. North and South Island regional councils have been lobbying central government for a number of years to invest in the management of wallabies to help councils prevent the expansion of wallaby populations.

The government, through MPI, has allocated $27 million over the next four years to national wallaby management. In addition to this, both the Waikato and Bay of Plenty regional councils have also increased funding to support wallaby management to a combined $900K per year ($400k from BOPRC and $500k from WRC). To access the national funding Councils facilitate the preparation of Operational Plans, which are submitted to MPI for approval. The total operational spend for the current proposed dama wallaby operational plan for 2020/21 is approximately $3.2 million. Operational funding is then released to the Council.

We have agreed to receive all funds for the North Island wallaby programme. We will be responsible for overseeing the operational delivery and allocation of funds to the other partners – at this stage, namely, Waikato Regional Council and DOC. Given this, it makes sense for BOPRC to manage procurement and the contracts associated with the programme.

Through the procurement process there will be a couple of themes that will be focussed on. Firstly, we will look to engage skilled and experienced contractors that will be able to deliver the operational needs of the programme with little or no upskilling. The second theme is about creating job opportunities and upskilling willing operators to engage them in the programme. This process will emphasise sourcing local contractors and connecting them with either experienced contractors (as potential employees) and / or training providers to grow their skillsets to meet the requirement of the programme. We have begun this process by keeping an ‘expressions of interest’ register of people who have shown an interest in employment post the government announcement of increased investment and potential employment opportunities. We anticipate the increased programme funding will create approximately 25 new jobs.

1.1      Legislative Framework

The additional MPI funding associated with this procurement process is not provided to fund any specific legislative obligations or requirements.  The Bay of Plenty Regional Council funding (through the Long Term Plan) for this procurement process is for funding the implementation of our Regional Pest Management Plan, developed under the Biosecurity Act 1993. 

Irrespective of the funding source, all work associated with this procurement process will be aligned and delivered in accordance with the Regional Pest Management Plans of the Bay of Plenty Regional Council and the Waikato Regional Council developed under the Biosecurity Act 1993.

1.2      Alignment with Strategic Framework

 

A Healthy Environment

We manage our natural resources effectively through regulation, education and action.

A Vibrant Region

We work with and connect the right people to create a prosperous region and economy.

The Way We Work

We look to partnerships for best outcomes.

Work delivered under this procurement process is focussed on the protection of the natural environment and productivity by preventing increased impacts on forest regeneration and production values by an invasive species.

This process will create ‘social good’ by stimulating the economy through job creation. In some cases this will mean an expansion of current pest control businesses and for others it will be an opportunity to engage in the pest control industry.

Pests do not respect boundaries, for this reason we need to collaborate with the key partners and land owner/managers. With increased investment we are now in the strong position to deliver the objectives of the wallaby programme.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

Medium - Positive

þ Social

High - Positive

þ Economic

Medium - Positive

 

Increased operational spend linked to this procurement will lead to positive environmental benefits by preventing wallaby spread to new areas.

The programme will look to engage early and often with iwi and hapū through the programme to look for employment opportunities as well as opportunities to protect sites of cultural value.

Engagement and employment opportunities will provide social benefit by providing job opportunities to those not previously exposed to the programme or the pest control industry.

 

2.        Joint procurement process

2.1      Justification

2.1.1    The collaborative approach

Without aligned thinking and approaches across regions there is the danger the partners will work in isolation and not focus on key strategic issues for the programme.

Currently there are a small number of experienced contractors engaged through the programme who work for all of the partners. Currently they are procured through each agency for identical work, so technically they hold three contracts to do the same thing for the different agencies. There is risk that different contractual arrangements could lead to contractors operating inconsistently.

All partners believe that a more sensible and efficient process is joint procurement. Advantages of the proposed approach compared to the current system are:

1)   Combined operational money attached to this process may be more attractive to larger experienced operators.

 

2)   Contractors working under aligned contractual conditions will lead to less ambiguity and more consistency.

 

3)   Efficiencies for agencies procuring the services (one process rather than three).

 

4)   A single point of contact for all contractual issues.

 

All of the partners feel that there are benefits of a joint approach to procurement and a joint approach is by far the best option.

3.        Considerations

3.1      Risks and Mitigations

The risks and mitigations are addressed by having a procurement plan that is well thought through that ensures the right people with the right skill sets and training are employed to do this work.

As above, the partners in the Wallaby Management Programme have agreed that is more efficient if Bay of Plenty Regional Council, as the fund holder, also acts as procurement lead for the Wallaby Management Programme.  Therefore, Bay of Plenty Regional Council will be entering into and managing contracts with all Contractors, whether the services are being provided in the BOP region, the Waikato region, or both.  Assuming responsibility for all procurement contracts across both regions creates additional risk for Bay of Plenty Regional Council.  This risk will be mitigated through the Multi-Agency Agreement (to be entered into with Waikato Regional Council, DOC and any other programme partner), which will set out the roles and responsibilities of each party and ensure an appropriate and fair allocation of risk as between the parties.

3.2      Climate Change

 

Mitigation

Adaptation

Reduce GHG emissions

Produce GHG emissions

Sequester carbon

Anticipate climate change impacts

Respond to climate change impacts


Wallaby control will increase carbon sequestration in our native and production forests by reducing the current impact on seedling trees from wallaby browsing. Seedling trees will be allowed to regenerate and grow instead of being browsed by wallabies.

3.3      Implications for Māori

The Procurement process is seen as a great opportunity for iwi and hapū across both the Bay of Plenty and Waikato regions. Te Arawa Lakes Trust are already engaged and represented on the North Island programme steering group and nationally on the Operational Advisory Group. The programme will provide an opportunity for Mana Whenua to practice their kaitiaki role by protecting taonga species and minimising pest damage at waahi tapu sites. We will look to engage Contractors at key strategic sites of cultural interest which will protect and enhance the natural environment.

Through adequate capacity to deliver on the programme we aim to prevent the spread of wallabies, including to sites of cultural significance where wallabies are currently absent.

3.4      Community Engagement

 

Engagement with the community is not required as the recommended proposal / decision relates to internal Council matters only.

 

3.5      Financial Implications

If the recommendation is adopted by Council, will it result in:

-   Unbudgeted work during the current financial year?

-   Unbudgeted work for any of the years remaining in the current Long Term Plan?

If the answer is ‘no’ to both questions please select the dropdown option 1 and complete appropriately.

If the answer is ‘yes’ to either question please select “Budget Implications” in the building block below and liaise with your Management Accountant in order to complete the Financial Impact table.

There are no material unbudgeted financial implications and this fits within the allocated Biosecurity team budget.

 

4.        Next Steps

Next Steps: What next? What resources are needed? Further analysis? Timeframes ahead. Any consultation planned. Remind Council of the process ahead. Next update to Council?

Conclusion: Short concluding remarks. Referring back to recommendations. No new content.

A joint procurement process run and managed by Bay of Plenty Regional Council is the preferred approach (and is supported by our programme partners) to develop contractor capacity to support the expanding programme.

In the report we have asked that you delegate the awarding of contracts to the Chief Executive. This is to allow a quick and efficient turn-around from market engagement to operational delivery.

Attachments

Attachment 1 - Wallaby Management Programme Procurement Plan   


Regional Council                                                                                                      6 August 2020

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Report To:

Regional Council

Meeting Date:

6 August 2020

Report Writer:

Tone Nerdrum Smith, Committee Advisor

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

To note the LGNZ AGM Remits and staff’s comments

 

 

2020 LGNZ Remits Recommendations

 

Executive Summary

Notice has been received regarding Local Government New Zealand’s AGM to be held on Friday 21 August 2020. In this paper Council is asked to consider the 11 remits; staff comments and the proposed direction on each remit.

 

 

Recommendations

That the Regional Council:

1        Receives the report, 2020 LGNZ Remits Recommendations.

2        Agrees that the Council delegates note the recommendations on the 11 remits as identified in the attachment to the report.

 

1.        Introduction

1.1      LGNZ Annual General Meeting and Representative Delegates

The LGNZ Annual General Meeting (AGM) has been confirmed for 21 August 2020. 

Bay of Plenty Regional Council/Toi Moana is entitled to five votes at the 2020 AGM. The voting entitlement of each member authority is determined by that authority’s subscription levels.  

Bay of Plenty Regional Council is entitled to be represented by five delegates at the 2020 AGM, and at its meeting on 14 May 2020, Council agreed to appoint Chairman Leeder as the Regional Council/Toi Moana’s presiding delegate for the purpose of voting at the LGNZ AGM. It further appointed Crs McDonald, Nees, Rose and Winters as the other delegates, for the purpose of voting at the LGNZ AGM

1.2      Alignment with Strategic Framework

 

A Healthy Environment

We develop and implement regional plans and policy to protect our natural environment.

A Vibrant Region

We lead regional transport strategy and system planning, working with others to deliver a safe and reliable public transport system.

The Way We Work

We continually seek opportunities to innovate and improve.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

Medium - Positive

¨ Cultural

Medium - Positive

¨ Social

Medium - Positive

¨ Economic

Medium - Positive

 

 

2.        2020 LGNZ Remits Recommendations

2.1      LGNZ Remit Process

As at the closing date for remits on 16 June 2020, 11 remits have been received for consideration at the LGNZ AGM on 21 August 2020. The five remits from Zone Two Group Members were noted at the Zone Two meeting on 29 June 2020

Staff have provided commentary and a recommended position on those that fall within a regional council’s jurisdiction as outlined in the attachment to this report.

3.        Considerations

3.1      Risks and Mitigations

Refer the comments in the attachment to this report 

3.2      Climate Change

The matters addressed in this report are of a procedural nature. Refer the comments in the attachment for further information.

3.3      Implications for Māori

The matters addressed in this report are of a procedural nature. Refer the comments in the attachment for further information. 

3.4      Community Engagement

 

Engagement with the community is not required for this matter.

 

3.5      Financial Implications

If the recommendation is adopted by Council, will it result in:

-   Unbudgeted work during the current financial year?

-   Unbudgeted work for any of the years remaining in the current Long Term Plan?

If the answer is ‘no’ to both questions please select the dropdown option 1 and complete appropriately.

If the answer is ‘yes’ to either question please select “Budget Implications” in the building block below and liaise with your Management Accountant in order to complete the Financial Impact table.

Please refer to the relevant comments in the attachment to the report.

 

4.        Next Steps

Next Steps: What next? What resources are needed? Further analysis? Timeframes ahead. Any consultation planned. Remind Council of the process ahead. Next update to Council?

Conclusion: Short concluding remarks. Referring back to recommendations. No new content.

The 11 remits will be considered at the LGNZ AGM on 21 August 2020.

Attachments

Attachment 1 - 2020 LGNZ AGM Remits Recommendations  

 


Regional Council                                                                                                                      6 August 2020

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Report To:

Regional Council

Meeting Date:

6 August 2020

Report Writer:

Reuben Fraser, Consents Manager

Report Authoriser:

Sarah Omundsen, General Manager, Regulatory Services

Purpose:

Seeking delegation of the power to appoint persons to expert consenting panels making decisions under the Fast-tract Consenting Act to the Chief Executive.

 

 

Appointment to fast-track expert consenting panel

 

Executive Summary

The COVID-19 Recovery (Fast-track Consenting) Act 2020 introduces an alternative consenting pathway to that set out in the Resource Management Act 1991. This report seeks the power to appoint persons to expert consenting panels making decisions under the Fast-track Consenting Act to be delegated by Council to the Chief Executive.

 

Recommendations

That the Regional Council:

1        Receives the report, Appointment to fast-track expert consenting panel.

2        The Council delegates the power to nominate persons to expert consenting panels established under the COVID-10 Recovery (Fast-track Consenting) Act 2020 to the Chief Executive.

 

1.        Introduction

The COVID-19 pandemic crisis has caused serious economic and social disruption and the consequences will be felt in New Zealand for several years. The government considers the consenting and approval processes that are used in normal circumstances do not provide the speed and certainty needed in these times of economic and social crisis. Therefore, new fast-track processes for resource consents and notices of requirement have been developed to accelerate nationwide infrastructure and development projects and activities that are already planned, to get projects started and people into jobs faster, while still promoting the sustainable management of resources. The Act COVID-19 Recovery (Fast-track Consenting) Act (the Act) came into effect on 9 July 2020.

Decisions on applications under the fast-track consent process will be made by expert consenting panels. Panel membership includes a chair who is a current or retired Environment Court Judge (or other judge or senior lawyer with resource management expertise). Panels will also include a member of (or person nominated by) the relevant local authority/ies, and a representative nominated by the relevant iwi authority/ies.

1.1      Legislative Framework

The COVID-19 Recovery (Fast-track Consenting) Act 2020 sets out an alternative consenting pathway to the Resource Management Act 1991 (RMA) for eligible projects. The criteria for eligibility are set out in section 18 of the Act and be approved by the Minister having considered the purpose of the Act (section 19). 

Schedule 5 of the Act provides details around the make up and appointment of the expert consenting panels. Section 3(2)(a) requires that the panel must include one person nominated by the relevant local authorities. That person may, but need not, be an elected member[1]. Section 7 outlines requirements for the skills and members of the panel. The panel must[2], collectively, have:

(a)  the knowledge, skills, and expertise relevant to resource management issues; and

(b)  the technical expertise relevant to the project; and

(c)  expertise in tikanga Māori and mātauranga Māori.

Persons must be accredited under section 39A of the RMA (Making Good Decisions Programme) to be eligible for appointment as a panel member[3] unless appointed by the panel convenor to meet the requirements of (a), (b), and (c) above[4].

1.2      Alignment with Strategic Framework

 

A Healthy Environment

We develop and implement regional plans and policy to protect our natural environment.

Section 29(2)(f) of the Act requires that regional planning documents (RPS and any plan or proposed plan) are considered when panels are making decisions. 

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

þ Cultural

Low - Positive

þ Social

Low - Positive

þ Economic

Low - Positive

 

The purpose of the Act is to accelerate nationwide infrastructure and development projects and activities that are already planned, to get projects started and people into jobs faster, while still promoting the sustainable management of resources.

The decision sought in this report is not considered to affect community well-beings.

 

2.        Delegation of ability to nominate a person to be part of the expert consenting panel

Staff recommend that the ability to nominate a person to be part of the expert consenting panel be delegated by Council to the Chief Executive. This would align with the process followed when decision makers are appointed to hear and determine resource consent applications made under the RMA.

Staff would make a recommendation to the Chief Executive based on the purpose of the Act and the eligibility criteria for decision makers. The regulatory compliance functions in relation to any consent granted by a panel will sit with Council, as with resource consents granted under the RMA process[5]. It will be important that any consent granted is consistent with best practice in the Bay of Plenty and has clear, enforceable conditions.

Staff note that Council will have other opportunities (beyond nominating a panel appointee) to input into the decision making process under the Act. For example, the panel must invite comments from (among others) the local authorities as part of the decision making process[6].

3.        Considerations

3.1      Risks and Mitigations

There are no significant risks associated with this matter.

3.2      Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts.

3.3      Implications for Māori

The Act contains various requirements relating to the involvement of tangata whenua in decision making, as well as how decisions must reflect Maori values. For example, section 6 requires that all persons making decisions must act in a manner that is consistent with the principles of Te Tiriti, schedule 5 requires that the expert consent panel must include one person nominated by the relevant iwi authorities, and schedule 6 requires that the panel invite comments from the relevant iwi authorities.

 

3.4      Community Engagement

 

Engagement with the community is not required as the recommended proposal / decision relates to internal Council matters only.

 

 

3.5      Financial Implications

If the recommendation is adopted by Council, will it result in:

-   Unbudgeted work during the current financial year?

-   Unbudgeted work for any of the years remaining in the current Long Term Plan?

If the answer is ‘no’ to both questions please select the dropdown option 1 and complete appropriately.

If the answer is ‘yes’ to either question please select “Budget Implications” in the building block below and liaise with your Management Accountant in order to complete the Financial Impact table.

There are no material unbudgeted financial implications and this fits within the allocated budget.

 

4.        Next Steps

Next Steps: What next? What resources are needed? Further analysis? Timeframes ahead. Any consultation planned. Remind Council of the process ahead. Next update to Council?

Conclusion: Short concluding remarks. Referring back to recommendations. No new content.

Should Council approve the recommendation staff will follow the process outlined should any projects in the Bay of Plenty be approved for consideration under the fast-track process.

 


 

 

 

Report To:

Regional Council

Meeting Date:

6 August 2020

Report Writer:

Tone Nerdrum Smith, Acting Governance Manager

Report Authoriser:

Namouta Poutasi, General Manager, Strategy & Science

Purpose:

To consider the appointment of an alternate member to the SmartGrowth Leadership Group

 

 

Approval of Amended SmartGrowth Leadership Group Agreement and Appointment of Alternate Members

 

Executive Summary

Council is asked to approve the amendment to the SmartGrowth Leadership Group Agreement that allows for appointments of alternate members, and to consider the appointment of such alternate.

 

 

Recommendations

That the Regional Council:

1        Receives the report, Approval of Amended SmartGrowth Leadership Group Agreement and Appointment of Alternate Members.

2        Approves the amendment to the SmartGrowth Leadership Group Agreement to allow for alternate members;

3        Appoints Cr_____________ as an alternate member to the SmartGrowth Leadership Group.

 

1.        Introduction

At its meeting on 1 July 2020, the SmartGrowth Leadership Group (SGLG) resolved to amend the SGLG Agreement to allow for alternate members. The number of alternates is limited to one alternate per partner organisation/council.

The alternate will only be able to attend and participate in SGLG meetings if one of Council’s primary members is not available. Council’s current members on SGLG are Chairman Leeder, Cr Crosby and Cr Nees.

At the meeting, SGLG further resolved that it would not amend the Agreement to change the voting rights of the Independent Chair given the Local Government Act 2002 empowers the Chair to vote, noting that this is rarely exercised..

A copy of the amended agreement with the changes highlighted is attached to this report.

1.1      Alignment with Strategic Framework

 

A Vibrant Region

We contribute to delivering integrated planning and growth management strategies especially for sustainable urban management.

[Insert text]

1.1.1    Community Well-beings Assessment

 

This report represents a procedural matter and does not alter the purpose and intent of the SmartGrowth Leadership Group Agreement.

 

2.        Considerations

2.1      Risks and Mitigations

There are no significant risks associated with this matter.

2.2      Climate Change

The matters addressed in this report are of a procedural nature and does not alter the purpose and intent of the SmartGrowth Leadership Group Agreement.

2.3      Implications for Māori

The matters addressed in this report are of a procedural nature and does not alter the purpose and intent of the SmartGrowth Leadership Group Agreement.

2.4      Community Engagement

 

The matters addressed in this report are of a procedural nature and does not require community engagement.

2.5      Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget.

 

3.        Next Steps

SmartGrowth Leadership Group will be advised of the alternate member appointment following the Council meeting.

Attachments

Attachment 1 - SmartGrowth Amended Agreement - 1 July 2020   


Regional Council                                                                                                      6 August 2020

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Report To:

Regional Council

Meeting Date:

6 August 2020

Report Writer:

Heidi Fraser, Programme Coordinator Integrated Catchments and Davina Cochrane, Advisor

Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Purpose:

To consider and make a resolution on the recommendation from the Tauranga Moana Advisory Group meeting on 19 June 2020.

 

 

Recommendations from Tauranga Moana Advisory Group

 

Executive Summary

This report outlines recommendations from the Tauranga Moana Advisory Group (TMAG) meeting held on 19 June 2020. To assist Council with their consideration of the TMAG recommendations the report provides a situation update since the TMAG meeting, and a proposed way forward. 

Regional Council and Ministry for the Environment officials have engaged with Whareroa whānau since the TMAG meeting; including the Komiti Māori meeting on 30 June and Ministry for the Environment officials had a meeting at the Marae in early July.

Advice has been provided by Paul Beverley, Partner at Buddle Findlay, a respected RMA practitioner, jointly for both Councils.  He has recommended an initial scoping and issues report to start with, in collaboration with Whareroa Marae hau kainga.

Paul Beverley has recommended that a team with both legal and planning experience undertake this work. TCC and Regional Council staff endorse Mr Beverley’s recommended approach. Mr Beverley’s advice is attached.

Staff will provide an update to the next Monitoring and Operations Committee meeting in September and to the next TMAG meeting.

 

 

Recommendations

That the Regional Council:

1        Receives the report, Recommendations from Tauranga Moana Advisory Group.

2        Receives the recommendation from the Tauranga Moana Advisory Group meeting held on 19 June 2020 specific to the presentation, Whareroa Marae - Air Quality Issues; namely:

The urgent development of an Action Plan in collaboration with Whareroa marae hau kainga and as a first step: commission an independent, comprehensive report to investigate the potential for instigating a managed retreat of pollutant industries from the Totara Street site south of Hewletts Road and report back to the Tauranga Moana Advisory Group when completed.

3        Receives the Whareroa Marae Memo from Paul Beverley, Partner at Buddle Findlay (attached).

4        Directs that:

(a)  With agreement and in collaboration with Whareroa Marae hau kainga, and TCC, the initial scoping report commences as recommended by Paul Beverley.

(b)  Staff report back to Council once the initial scoping report is finalised.

 

1.        Introduction

On 19 June 2020 at the Tauranga Moana Advisory Group (TMAG) meeting Joel Ngatuere on behalf of the whānau at Whareroa Marae presented - Whareroa Marae - Environmental Issues Affecting Us (and you) Everyday. The presentation canvassed the issues being experienced at the marae due to the surrounding industrial area. Issues include air quality, noise, water quality and amenity. As a result of the presentation the Tauranga Moana Advisory Group made the recommendation for: 

The urgent development of an Action Plan in collaboration with Whareroa marae hau kainga and as a first step: commission an independent, comprehensive report to investigate the potential for instigating a managed retreat of pollutant industries from the Totara Street site south of Hewletts Road and report back to the Tauranga Moana Advisory Group when completed.

Councillors will be aware of the air quality issues at Whareroa marae and the surrounding area. Air quality monitoring for a range of parameters has been undertaken in the Mount Maunganui industrial area since the early 1990’s, and we have a total of 12 air monitoring stations in the Mount, 7 of which were installed in 2018. Ongoing air quality issues resulted in the Mount Maunganui Industrial area being declared a polluted Airshed on 28 November 2019.

This paper puts the TMAG recommendation to Council to consider. An update is provided on what has happened since the June TMAG meeting, and a recommended approach to undertaking the request for an independent report to investigate the potential for instigating a managed retreat of pollutant industries.

1.        Roles and Responsibilities

This is a significant issue that spans several agencies. Tauranga City Council (TCC), Toi Te Ora Public Health and the Ministry for the Environment are all key players, alongside Bay of Plenty Regional Council (BOPRC). 

Both the Regional and City Councils have planning and consenting functions under the Resource Management Act 1991. 

Toi Te Ora Public Health aims to improve and protect the health of the population with a focus on the achievement of health equity, in particular for Māori.  Toi Te Ora staff have been working with council staff on the general health impacts of air quality and other issues in the Mount Airshed.   

The Ministry for the Environment work across the natural resources system to connect and mobilise people to make decisions that not only protect, but improve our natural resources. They develop national policies and tools to maintain and, where necessary, improve air quality and environmental issues.

2.        Situation Update

2.1      Consents

At the time of writing this report, staff are waiting on Tauranga City Council to make a notification decision on the Timaru Oils tank farm application. If the application is to be notified, TCC and BOPRC will collaborate on any hearing process of the consent, as necessary.

There are also five other consent applications in process, close to the Whareroa Marae and within the Mount Airshed.  The applications are from HR Cement, Higgins, Lawters, Allied and Waste Management. Staff are processing these applications according to our normal processes.

BOPRC staff have also commissioned a cumulative assessment of sulphur dioxide (SO2) discharges in the Mount Maunganui area, and the report has been provided to Ballance, Lawter, and Waste Management as key dischargers of sulphur dioxide in the area.

Assessing the cumulative SO2 contribution is important. Not only is the airshed ‘full’, but assessed individually at their current and proposed maximum emission limits, Ballance and Lawter experience exceedances of the NES 1-hour and 24-hour SO2 criteria. This means when the combined contribution is taken into consideration along with the background from other sources such as White Island, domestic heating, shipping and port activities, the cumulative ground level concentrations will be significantly higher.

Health risks could be significant if the major industrial sources were emitting close to their current and proposed limits simultaneously.

2.2      Compliance - Monitoring

Staff have maintained regular updates on our monitoring to the Monitoring and Operations (M&O) Committee, which is part of the regular reporting on activities and actions undertaken to mitigate the impacts of industrial discharges to air in the Mount Maunganui industrial area.  A comprehensive update on the Mount Maunganui Industrial Area and Airshed was provided at the M&O Committee meeting on 10 March 2020 and a subsequent update to the same committee in June 2020. The next update will be in September.

A six month report is also provided to Associate Minister for the Environment Minister Nanaia Mahuta outlining all the actions undertaken in the airshed. This includes an overview of all investigations undertaken into NES exceedances. When an NES exceedance occurs a notification is also provided to the Minister so she is kept well informed.  The last report to the Minister was provided in March 2020 and the next one is due in September 2020.

The initiation of a working party to provide governance oversight of Mount air issues and demonstrate our commitment to working closely with all parties to find solutions was approved by M&O Committee members. Staff are currently drafting the Terms of Reference for the working party which will be put to the M&O Committee for approval at their meeting in September.

           Policy

Appeals on Plan Change 13 (Air Quality) to the Regional Natural Resources Plan, are progressing well. Out of the six appeal topics, five have reached agreement between all parties and draft consent order documentation is sitting with the Environment Court. All agreements and draft consent orders are still confidential to protect legal privilege. Once the Court has progressed the draft consent orders, staff will update the M&O Committee on progress.

No agreement has been reached on the topic of handling of bulk solid material. This matter is likely to go to an Environment Court hearing and staff are preparing evidence.

New area-specific provisions to manage air quality in the Mount Airshed are being researched and will be presented to Council at a workshop later in 2020.

At the time of writing, staff are in the process of submitting on the Proposed amendments to the National Environmental Standards for Air Quality (NESAQ). The proposed amendments to the NESAQ seek a shift from PM10 to PM2.5, with the introduction of PM2.5 as the primary regulatory tool to manage particulate matter. The proposed changes will have an effect on air quality monitoring and reporting in each of the Bay of Plenty, Mount Manganui and Rotorua airsheds.

3.        TCC and BOPRC Response Planning

At a meeting on 19 February 2020 at Whareroa marae, the community was clear regarding all their concerns including those surrounding the impact of degraded air quality and industrial emissions on their health. The Ministry for the Environment and local government organisations (Bay of Plenty Regional Council, Tauranga City Council and Toi Te Ora) were in attendance.

Following that meeting a number of actions to support the hapū and community were identified, and staff from TCC and BOPRC developed a response to their specific concerns, which also included what we can undertake within our respective roles. The Response Plan was provided to the Whareroa whānau and a hui is being organised to discuss.

We will continue to work with the Whareroa whānau to develop and confirm the Response Plan which includes short, medium and long term actions to address the identified issues. Where relevant, the plan will also be updated to include Councils’ decisions on the TMAG recommendation.

4.        Health Impact Assessment/Longitudinal Study

At the March M&O Committee meeting, Toi Te Ora Public Health representatives presented the Impacts of Air Pollution on Human Health, and concluded that air pollution is proven to harm health and that there is an air pollution problem in Mount Maunganui which requires action to improve the air quality.

Earlier this year we wrote to the Bay of Plenty District Health Board (BOPDHB) about the Whareroa community and their ongoing health concerns due to the poor air quality in the Mount Industrial area.  We continue to engage with the BOPDHB reiterating:

·      that we want to ensure the Whareroa community have support to address their physical and mental wellbeing; and

·      that we are still of the opinion that a critical piece of work that would help understand the effects they are experiencing is a medical assessment of all residents, as well as a longitudinal study to look at impacts of long term exposure to industrial activities.

We have also made enquiries with experts at both Auckland University and Otago University about the possibility of undertaking a Health Impact Assessment on the Whareroa community. 

5.        Engagement with Whareroa Marae Whanau

Staff continue to engage with Whareroa whānau about their concerns. Following Mr Ngatuere’s presentation at the June Komiti Māori meeting, Councillors acknowledged the plight of Whareroa Marae and supported the issue being raised. Councillors also commended Whareroa whānau for the challenge put to Regional Council and further noted that discussion was ongoing by Council on the issue, which we have a moral obligation to assist to resolve.

Ministry for the Environment officials have also been engaging with Whareroa whānau, and attended a meeting on the marae on 8 July 2020.  Minister Mahuta was scheduled to accompany officials to the meeting but was unable to attend due to a clash with other commitments.

At that meeting, Mr Ngatuere called on the Government to take action for the sake of residents’ health and wellbeing. The Whareroa whānau want heavy industry out of Mount Maunganui within a 10-year deadline, and they have requested an immediate pause on all consents including those that are in the process or are about to be applied for. They have also requested a response from the Prime Minister and/or Minister Mahuta, to correspondence from 2019.  We understand that Minister Mahuta has since written to the Whareroa whanau, with the intention to meet with them in the coming weeks.

6.        Media interest

Since the TMAG meeting, and the presentation by Mr Ngatuere, there has been a notable increase in news media interest and social media attention on Whareroa Marae whānau’s concerns.

General themes include: heavy industries’ discussions about relocation, Marae demands action and sets 10 year deadline, potential protest at the Port, Whareroa community’s health being impacted by toxic pollutants and the jet fuel tank farm consent application.

Various groups had spokespeople that were interviewed or quoted including: Whareroa Marae and Kohanga Reo, Clear the Air, Ballance and Lawters. Matters covered included the: challenges the Whareroa community faces regarding the proximity of the industrial activities, with air quality issues at the forefront, associated with physical and mental health impacts; wider cultural challenges; and community concerns.

Since the TMAG meeting the Clear the Air Mount Maunganui community group have increased Facebook campaigning and ensuing community interest in and support of the Mount Industrial air quality and the issues Whareroa whānau are facing. The group also spoke on behalf of the community at the M&O Committee meeting earlier this year about their increasing concern of the air issues in the area. 

7.        Commission of Inquiry

It was noted at the June TMAG meeting that it would be valuable to pursue a Commission of Inquiry from Central Government to review and address the challenging and complex situation which has been generations in the making, and to make recommendations on how to avoid this situation occurring in the future. 

This sentiment has been echoed by the Māori Party calling for a Royal Commission of Inquiry to look into the pollutants and health risks of the industrial activities that surround Whareroa Marae.

8.        Recommended Approach

Advice was sought by TCC and BOPRC jointly, to ascertain how we can progress this recommendation.

Paul Beverley, Partner at Buddle Findlay was approached as he specialises in resource management planning and consenting, Māori Law and Treaty Settlement negotiations.

Mr Beverley has provided the attached legal memo on his recommended approach to this matter.

8.1      Scoping and Issues Report

Mr Beverley agrees that it is of course appropriate that an action plan be developed in collaboration with Whareroa marae hau kainga, as reflected in the resolution.

He has recommended to commence the process by developing a scoping and issues report, in collaboration with Whareroa marae hau kainga, which might then be followed up by a more comprehensive report.

The attached memo specifies the reasons for this approach which includes that scoping these matters out carefully provides a strong foundation for a more focussed and productive process.

Mr Beverley further recommends that a team with legal and planning experience undertake this work. He has recommended New Zealand planning consultancy Mitchell Daysh, join him to undertake this work.

8.2      Position of Tauranga City Council and Western Bay of Plenty District Council

Both BOPRC and TCC staff endorse Mr Beverley’s proposed approach.

TCC have a meeting on 11 August, where they will consider Mr Beverley’s memo and proposed approach.

TMAG fellow member council, Western Bay of Plenty District Council are maintaining a watching brief given that they are not directly affected by the TMAG proposal.

8.3      Financial Implications

TCC and BOPRC have agreed in principle to share the legal costs of the initial scoping report, and the attached legal advice.

The costs associated with the scoping report are expected to be between $50,000 and $100,000, plus associated staff time. This expenditure and staff time has not been allowed for in the current annual plan, meaning other work will need to be deprioritised.

9.        Next Steps

It is imperative that TMAG members continue to engage with Whareroa whanau, and any action taken is in collaboration with them, and with TCC.  It is also important to maintain awareness of the various roles and responsibilities in this matter.  The key next steps include:

·      Response Plan: TCC and BOPRC staff will continue to work collaboratively with Whareroa Marae hau kainga to develop and confirm the Whareroa Response Plan.

·      Health Impact Assessment and Longitudinal Study – we will continue to engage with BOPDHB and Universities in regards to a health impact assessment and/or longitudinal study.

·      Reporting Back: Staff will provide an update to the next M&O Committee meeting in September and the next TMAG meeting.

Any other next steps as directed by Council, following decisions made at the Council meeting.

 

Attachments

Attachment 1 - Legal Memo from Paul Beverley, Partner, Buddle Findlay   


Regional Council                                                                                                      6 August 2020

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Report To:

Regional Council

Meeting Date:

6 August 2020

Report Writer:

Mat Taylor, General Manager, Corporate

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

To summarise the key points of the recently recent Ministry of Transport commissioned (Sapere) report released by Central Government

 

 

Upper North Island Supply Chain - Ministry of Transport Report

 

Executive Summary

The Government has released a report that the Ministry of Transport commissioned from Sapere on the options for relocating the Port of Auckland’s freight operations.

Cabinet were of the view that POAL operations could not remain at the Waitematā site in the long term. Accordingly, the Sapere report provides analysis that assumes the relocation of all freight operations from POAL and as a result considers five options for relocation:

1. Northport expansion

2. Port of Tauranga expansion

3. a shared increase in capacity at both Northport and Port of Tauranga

4. a new port (greenfield site) on the Firth of Thames, and

5. a new port (greenfield site) on the Manukau Harbour.

Of the options considered by the report, a new port on the Manukau Harbour stands out as the highest-ranked option on the basis of being the least costly over the long-term, primarily because of the proximity of Manukau Harbour to the freight destinations in South Auckland. The Manukau Harbour option is the least-net-economic-cost option in the report.

 

Recommendations

That the Regional Council:

1        Receives the report, Upper North Island Supply Chain - Ministry of Transport Report.

 

1.        Introduction

An investigation into moving Auckland's port to Northland was part of the coalition agreement between Labour and NZ First.

The 2018-2019 Upper North Island Supply Chain Study (UNISCS) working group provided its final report to Cabinet late last year. The group was independent of Central Government and led by Wayne Brown. The Working Group concluded that the POAL’s freight operation on the Waitematā Harbour “is no longer economically or environmentally viable” and that the freight operations should be progressively closed and freight shipping handled by an expansion of Northport and the continuation of Tauranga’s existing expansion plans.

Upon receipt of the UNISCS report, Cabinet initiated a further investigation into the issue of port relocation by way of review of the Working Group’s recommended option and other long-term scenarios for the Upper North Island Supply Chain, this time led by the Ministry of Transport with support from Treasury. The Ministry of Transport commissioned a consortium to inform its work, led by Sapere,

UNISA members Auckland Council, Bay of Plenty Regional Council, Northland Regional Council as well as the three Upper North Island ports themselves were named ‘cornerstone partners’. Sapere were engaged as the lead consultant and tasked with feeding into the work of the Ministry and Treasury officials.

At UNISA’s request, in January 2020 the Minister of Transport, Minister Twyford, along with supporting staff, spoke to the UNISA Mayors & Chairs meeting to brief the group on the process.The timeframe for that analysis intended a May 2020 report to Cabinet. That timeframe was interrupted by the Coronavirus response effort and redeployment of Central Government resource to that effort.

The Government has now released the Sapere report. The Ministry of Transport has not provided advice to the Government based on the report. No advice is planned before the election and decisions have been deferred to next term.

2.        Information

Late last year Cabinet were of the view that POAL operations could not remain at the Waitematā site in the long term. Accordingly, the Sapere report provides analysis that assumes the relocation of all freight operations from POAL and as a result considers five options for relocation:

1.   Northport expansion

2.   Port of Tauranga expansion

3.   a shared increase in capacity at both Northport and Port of Tauranga

4.   a new port (greenfield site) on the Firth of Thames, and

5.   a new port (greenfield site) on the Manukau Harbour.

The report does not represent the views of the Ministry of Transport.

No decisions have been made by Central Government, any decisions have been deferred to the incoming government.

The report takes a 60-year view. Its main conclusions are:

a)   Assuming necessary consents, POAL have capacity for around another 30 years on the current site. This is consistent with the findings of the Port Future Study in 2016.

b)  Neither Northport nor the Port of Tauranga, on their own, can provide sufficient capacity to accommodate the long-term, 60-year freight task.

c)   Northport and Port of Tauranga could accommodate the freight task at 60 years, based on an assumed freight volume split, at which point these ports would likely be at, or near, full capacity with little or no room to expand.

d)  The new port options, in the Firth of Thames or the Manukau Harbour, would have sufficient capacity for the long term beyond 60-years and well beyond. Obtaining resource consents for these new ports, or indeed for any coastal change, will be challenging.

e)   All relocation options have a net economic cost.

f)   Of the options considered by the report, a new port on the Manukau Harbour stands out as the highest-ranked option on the basis of being the least costly over the long-term, primarily because of the proximity of Manukau Harbour to the freight destinations in South Auckland.

Note: The Working Group rejected a potential Manukau Harbour on the basis that the

Manukau Bar would prevent safe entry and/or insurance. This has been disputed by marine engineers before and since. The Sapere report finds no technical basis for this assumption and find it unlikely that insurance considerations would be a barrier for shipping access.

g)  The Port of Tauranga option is ranked second in terms of net economic cost, followed by Northport and the option of a shared increase at Northport and the Port of Tauranga.

Finally, there are several important points to consider:

Ports are owned by a mixture of entities

Perhaps most importantly, Auckland Council are the sole owners of the Ports of Auckland. Often the future location of the Waitematā port is reported as a Government decision however any decisions about the future of the ports in the Upper North Island must involve council partners. UNISA has made this point to Ministers previously.

Planning a port relocation takes time

In addition to consenting timeframes, designing and building a new port or expanding an additional port takes time. Sapere suggest that there is ‘window of time’ for a decision about the long-term strategy to future proof port capacity of approximately 10-15 years. Delays in a decision will make an eventual shift more difficult if existing options are diminished by other developments. The Sapere report, like the 2016 Port Future Study, suggested a ‘triggers’ approach that considers freight throughput growth against

The port location will affect long-term infrastructure planning

Ports and their associated bulk infrastructure are long-term, city-shaping infrastructure investments. If pursued, the impact of any relocation on UNISA members’ growth and infrastructure strategies will depend on the time of relocation and site chosen.

 

2.1      Alignment with Strategic Framework

 

A Healthy Environment

Freshwater for Life

Safe and Resilient Communities

A Vibrant Region

We work with and connect the right people to create a prosperous region and economy.

The Way We Work

 

2.1.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

 

¨ Cultural

 

¨ Social

 

¨ Economic

High - Positive

 

 

 

3.        Considerations

3.1      Risks and Mitigations

Consenting any activity in the coastal environment is highly challenging

Regulatory frameworks and environmental protections are complex, meaning that getting consent for any of the five options considered in the Sapere report will be challenging. A new port will be necessarily more challenging than for an existing port. Sapere suggest that planning and consenting may take 5-7 years for expansion of an existing port and 7-10 years for a new port. Both are not without risk of failure given the complexity regulatory frameworks and sensitivity of the coastal environment.

 

3.2      Climate Change

Not covered by the report in detail.

3.3      Implications for Māori

As part of its analysis, alongside the Sapere report the Ministry of Transport commissioned a report on Māori and iwi feedback that found that:

a)   Iwi and Māori groups expect a process befitting the Treaty partnership before a decision is taken – including the sharing of detailed information and analysis, and resourcing to facilitate informed decision making.

b)  Iwi dynamics and competing iwi claims will have a significant impact on Government decision making on the future of POAL land.

c)   Port relocation is likely to increase the pressure for outstanding Treaty and Marine and Coastal Area (Takutai Moana) Act (MACA) claims over Auckland Port/Waitematā Harbour and whatever area is proposed for relocation.

d)  None of the options in the Sapere report necessarily has a ‘fatal flaw’ from the perspective of Māori groups, and some would welcome a port being relocated to their rohe; and they will look to secure protection of customary interests, net environmental benefits and commercial investment opportunities.

 

3.4      Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget.

 

4.        Next Steps

The report and the Government’s media release highlights that:

·      The Ministry of Transport will provide additional analysis and advice to Ministers based on the Sapere report

·      Government have deferred any decisions to the next term of Government.

UNISA, will continue to advocate for meaningful engagement and consultation for key partners in this work.

 

Attachments

Attachment 1 - Sapere UNISCS Report June 2020   


Regional Council                                                                                                      6 August 2020

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[1] Schedule 5, section 3(3) of the COVID-19 Recovery (Fast-track Consenting) Act 2020

[2] Schedule 5, section 7(1) of the COVID-19 Recovery (Fast-track Consenting) Act 2020

[3] Schedule 5, section 7(2) of the COVID-19 Recovery (Fast-track Consenting) Act 2020

[4] Schedule 5, section 7(3) of the COVID-19 Recovery (Fast-track Consenting) Act 2020

[5] Schedule 6, section 42 of the COVID-19 Recovery (Fast-track Consenting) Act 2020

[6] Schedule 6, section 17(2) of the COVID-19 Recovery (Fast-track Consenting) Act 2020