Regional Council

Open Minutes

Commencing:             Thursday 6 August 2020, 9.30 am

Venue:                         Mataatua Room, Bay of Plenty Regional Council, 5 Quay Street, Whakatāne

Chairperson:               Chairman Doug Leeder

Deputy Chairperson:  Deputy Chairperson Jane Nees

Members:                    Cr Norm Bruning

Cr Bill Clark

Cr Stuart Crosby

Cr Toi Kai Rākau Iti

Cr Matemoana McDonald

Cr Stacey Rose

Cr Paula Thompson

Cr Lyall Thurston

Cr Te Taru White

Cr Kevin Winters

In Attendance:            Fiona McTavish – Chief Executive, Mat Taylor – General Manager Corporate, Sarah Omundsen – General Manager Regulatory Services, Chris Ingle – General Manager Integrated Catchments; Tone Nerdrum Smith – Committee Advisor

 

Dr Rod Carr – Chair, Climate Change Commission

Linda Conning – Forest & Bird (Public Forum)

 

 

Apologies:                  Cr David Love – late arrival

Cr Andrew von Dadelszen – late arrival

 

1.     Opening Karakia

A karakia was provided by Cr Iti

2.     Apologies

Resolved

That the Regional Council:

1          Accepts the apologies from Cr David Love for late arrival and Cr Andrew von Dadelszen for late arrival tendered at the meeting.

Leeder/Rose

CARRIED

 

3.     Public Forum

3.1

Linda Conning – Chairperson, Eastern Bay of Plenty branch of Forest & Bird (regarding Wallaby Management)

Tabled Document 1 - Tabled Item 1 - Linda Conning, Forest & Bird: Objective ID A3599804   

 

Key Points

·         Read tabled item (1) in full

·         Supported the eradication of wallabies as it was a serious pest and a threat to the native ecology

·         Noted that supporting videos would be distributed to Elected Members

·         Concerned that the 10 year management plan goal did not support the long term goal of eradication

·         Was in-principle supportive of Regional Council and its efforts in pest management.

 

In Response to Questions

·         There were ways to use 1080, avoiding aerial spray, that was more palatable and had shown positive results

·         Animal pests required a ‘knock down’ with toxins, then ground work to deal with the pests that did not take the bait

·         Appreciated being kept informed on progress in the Management programme.

 

Key Points – Members

·         Recognised the significant effort of Forest & Bird and the importance of co-operation between the various agencies.

 

 

4.     Declaration of Conflicts of Interest

Chairman Leeder, Cr Bruning Cr Thompson and Cr Crosby –Recommendations from Tauranga Moana Advisory Group (Whareroa Marae).

Cr Crosby and Cr Thompson – Public Excluded Regional Property Update (Quayside Holdings Ltd component).

 

5.     Minutes

Minutes to be Confirmed

5.1

Council Meeting - 25 June 2020

 

Resolved

That the Regional Council:

1          Confirms the minutes of the Council Meeting - 25 June 2020.

Leeder/Rose

CARRIED

 

5.2

Council Meeting (Extraordinary) - 1 July 2020

 

Resolved

That the Regional Council:

1          Confirms the minutes of the Council Meeting (Extraordinary) - 1 July 2020.

Leeder/Rose

CARRIED

 

Minutes to be Received (for Information only)

 

5.3

Regional Transport Committee Minutes - 6 September 2019

 

Resolved

That the Regional Council:

1          Receives the Regional Transport Committee Minutes - 6 September 2019.

Crosby/Nees

CARRIED

 

5.4

Regional Transport Committee Minutes - 21 February 2020

 

Resolved

That the Regional Council:

1          Receives the Regional Transport Committee Minutes - 21 February 2020.

Thurston/Nees

CARRIED

 

5.5

Rangitāiki River Forum Minutes - 6 September 2019

 

Resolved

That the Regional Council:

1          Receives the Rangitāiki River Forum Minutes - 6 September 2019.

Clark/Winters

CARRIED

 

5.6

Ōhiwa Harbour Implementation Forum Minutes - 19 September 2019

 

Resolved

That the Regional Council:

1          Receives the Ōhiwa Harbour Implementation Forum Minutes - 19 September 2019.

 

Matters Arising

·       Noted that none of the Councillors present today had been in attendance at the meeting, and the minutes were accordingly received pro-forma only by the mover and seconder.

Iti/Clark

CARRIED

 

5.7

SmartGrowth Leadership Group Meeting - 18 December 2019

 

Resolved

That the Regional Council:

1          Receives the SmartGrowth Leadership Group Minutes - 18 December 2019.

Crosby/Nees

CARRIED

 

5.8

SmartGrowth Leadership Group Meeting - 18 March 2020

 

Resolved

That the Regional Council:

1          Receives the SmartGrowth Leadership Group Minutes - 18 March 2020.

Crosby/Nees

CARRIED

 

5.9

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

 

Resolved

That the Regional Council:

1          Receives the SmartGrowth Leadership Group Minutes (not yet confirmed) - 20 May 2020.

 

Matters Arising

·       Noted that an update on the progress of the UFTI agreement would be provided following the meeting.

Crosby/Nees

CARRIED

 

5.10

Te Maru o Kaituna River Authority Minutes - 27 September 2019

 

Resolved

That the Regional Council:

1          Receives Te Maru o Kaituna River Authority Minutes - 27 September 2019.

Nees/McDonald

CARRIED

 

5.11

Te Maru o Kaituna River Authority Minutes - 28 February 2020

 

Resolved

That the Regional Council:

1          Receives Te Maru o Kaituna River Authority Minutes - 28 February 2020.

Nees/McDonald

CARRIED

 

5.12

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

 

Resolved

That the Regional Council:

1          Receives the Eastern Bay of Plenty Joint Committee Minutes (not yet confirmed) - 17 March 2020.

Iti/Clark

CARRIED

 

9.58 am - Cr Love entered the meeting.

 

5.13

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

 

Resolved

That the Regional Council:

1          Receives the Bay of Plenty Civil Defence Emergency Management Group Joint Committee Minutes - 3 June 2020.

Love/Leeder

CARRIED

 

5.14

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

 

Resolved

That the Regional Council:

1          Receives the Bay of Plenty Civil Defence Emergency Management Group Joint Committee Minutes - 26 June 2020.

Love/Leeder

CARRIED

 

5.15

Tauranga Moana Advisory Group Minutes - 19 June 2020

 

Resolved

That the Regional Council:

1          Receives the Tauranga Moana Advisory Group Minutes - 19 June 2020.

Rose/McDonald

CARRIED

 

6.     Presentations

6.1

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

Presentation - Dr Rod Carr - Climate Change Commission: Objective ID A3597903  

Dr Rod Carr joined the meeting via Zoom and provided a presentation. It was noted that this presentation was being recorded and that the recording would be made publicly available following the meeting (https://www.youtube.com/watch?v=2tCzfctBQtI).

 

Key Points:

·       The climate challenge – In New Zealand:

·       Droughts increasing

·       Seas rising

·       Glaciers melting

·       The new legislative framework  (Zero Carbon Bill) amended the Climate Change Response Act in five keys way:

·       Emission targets for 2030 and 2050

·       5-yearly emissions budgets

·       Emission reduction plans every five years

·       National Climate Change Risk Assessment and a National Adaption Plan

·       Established the Climate Change Commission

·       The Commission’s role centred around mitigation and adaption considerations

·       Current focus was seeking input from community

·       Six principles for COVID-19 recovery:

1.    Ensure that stimulus investments deliver long-term climate benefits

2.     Bring forward transformational climate change investments that need to happen anyway

3.     Prepare our workforce for the jobs of tomorrow

4.     Work in partnership

5.     Maintain incentives to reduce emissions and adapt to climate change

6.     Change how we measure the success of economic recovery.

·       General advice to concerned citizens is to consider:

·       What we buy

·       What we say

·       Where we work

·       Who we vote for.

In Response to Questions:

·       Recognised the challenges represented by the New Zealand style of agriculture, i.e. open pastures and proximity to waterways

·       New Zealand should position itself favourably in preparation for a lower emission world

·       Aviation represented 3% of global emissions, however its rapid growth meant it was developing into a significant issue which could not be off-set by ‘planting a tree’

·       New Zealand was traditionally reluctant to implement perceived ‘negative’ initiatives that could in-fact have a positive impact on climate change, e.g. damming of waterways and windmills to generate electricity – in the future New Zealand may need to choose between unpalatable options

·       The Commission did not have the mandate nor funding to advocate climate change as an educational initiative

·       A number of countries were making significant progress and dedicated efforts to reduce emissions, whereas New Zealand was lagging behind

·       Recognised the importance of the agricultural sector to New Zealand, but this needed to be seen in context of a world seeking a reduction in greenhouses gas emissions.

 

10.18 am - Cr von Dadelszen entered the meeting.

 

7.     Reports

7.1

Chairperson's Report

Chairman Leeder and Fiona McTavish – Chief Executive presented this item.

Key Points – Chief Executive:

·       Noted the Minister of Conservation’s decision to decline the application to revoke the reserve status at Sulphur Point land that had been identified for the University of Waikato’s Marine Research facility, and had sought information from TCC regarding next steps

·       Provided an outline of the Zoom meeting on 22 July: Tauranga City Vision Interview by Stakeholder Strategies (David Cunliffe).

 

 

Resolved

That the Regional Council:

1          Receives the report, Chairperson's Report.

Leeder/Rose

CARRIED

 

Decisions Required:

7.2

Wallaby Management Programme Procurement Plan

Presentation - Wallaby Management Procurement Plan: Objective ID A3599792  

Greg Corbett – Biosecurity Manager presented this item and provided a PowerPoint presentation.

Key Points of Presentation

·       The 2020 National budget had allocated $27m for wallaby control over the next four years

·       National Programme Structure

·       Procurement Plan

·       Covered both Bay of Plenty and Waikato Regions

·       Would create consistency and alignment across the National Instrument programme

·       Updated Budget table

·       Estimated annual expenditure was $3.8m

·       89% was recoverable

·       Pest management fundamentals

1.    Delimit the pest population

2.    Contain the population

3.    Evaluate management options, i.e. was eradication feasible?

In Response to Questions

·         Funding would have to be secured from year five onwards.

·         A national strategy would be developed with stakeholder input later this year, as had been done for the wilding/conifer programme

·         Considered eradication might be technically feasible, however significant funding would be needed to be based on current methodologies

·         Ministry for Primary Industries (MPI) had given in-principle approval of the operational plan for the Programme

·         The Regional Pest Management Plan had a 10 year term and its objectives had to be realistic and achievable

·         Bay of Plenty was currently in the pest containment space, moving towards progressive containment

·         1080 was recognised as the more effective method, compared to other pest management avenues

·         The new RPMP would make it an offence under the Biosecurity Act to keep a live wallaby as a pet

·         Using dogs for tracking had its place in the overall programme

·         Night shooting was limited to farmland and generally had proved much less effective than poisoning.

 

Key Points – Members

·         Recognised the controversy surrounding the use of 1080 and the importance of ensuring any management programme considered the views of the community.

 

 

 

Resolved

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.

Winters/Rose

CARRIED

 

11.20 pm – The meeting adjourned.

 

11.41 pm – The meeting reconvened.

 

 

7.3

2020 LGNZ Remits Recommendations

Reuben Fraser – Consents Manager responded to questions of the report

Key Points:

·       There were no identified operational implications with regards to Remit 7: Water Bottling

Key Points - Members:

·       Noted the staff comments on the 11 remits

·       Noted the controversy pertaining to Remit 7: Water Bottling, in that Council had granted consent to the Otakiri application, and this decision was currently under appeal before the High Court

·       Any remit supported at the LGNZ AGM would go through a process to enter the LGNZ work programme

·       Remits being considered at the AGM could potentially be split, e.g. for Remit 7, there were four sub-actions and each sub-action could be considered separately.  This would however require the approval of the mover/seconder at the AGM

·       As there were currently water bottling applications on hold, Council’s position with regards to Remit 7 needed to be considered carefully to ensure there was no perception of pre-determination

·       Supported the suggestion that Remit 7: Water Bottling be split into each sub-action for consideration and voting at the AGM.

 

Resolved

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.

Leeder/von Dadelszen

CARRIED

 

7.4

Appointment to Fast-Track Expert Consenting Panel

Reuben Fraser – Consents Manager presented this item.

Key Points:

·       Separate panels would be appointed for the various stages of a consenting process.

Key Points - Members:

·       Considered this was a pragmatic approach

·       Important to ensure that Councillors were advised once the panels had been appointed.

 

 

Resolved

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.

Love/Crosby

CARRIED

 

7.5

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

Key Points - Members:

·       Noted that all Councillors were able to attend the SmartGrowth Leadership Group meetings and that any limitations only related to speaking/voting rights.

 

 

Resolved

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 von Dadelszen as an alternate member to the SmartGrowth Leadership Group.

Nees/Love

CARRIED

 

7.6

Recommendations from Tauranga Moana Advisory Group

Cr Thompson and Cr Crosby (Quayside Holdings Ltd Directors), and Chairman Leeder and Cr Bruning (Ballance shareholders) declared an interest in this matter and abstained from discussion and voting.

Chairman Leeder vacated the chair and Cr Nees assumed the chair for this item.

Chris Ingle – General Manager Integrated Catchments provided an outline of the report.

Key Points - Members:

·           Options for solutions needed to be done in collaboration with the Whareroa Marae/community and queried whether passing resolutions today could be perceived as Council having already ‘made up its mind’ about the way forward

·           Noted that the Whareroa Marae was fully aware and supportive of today’s recommendations

·           Recognised the importance of ongoing communication with the Marae

·           There were a number of parties that were active and responsible participants in this issue, including Regional and Central Government agencies

·           SO2 cumulative effects modelling was currently being undertaken and possible impact could be a reduction in the amount released, i.e. an amendment to the current consented levels

·           BOPRC/TCC were working together in the preparation of an operational response plan, and a higher level/strategic action plan would be developed following this through the establishment of the Mount Air Quality Working Party

·       All Councillors should have the opportunity to participate in the Working Party meetings.

 

 

Resolved

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 to the agenda).

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.

McDonald/Rose

CARRIED

 

Cr Nees vacated the chair and Chairman Leeder assumed the chair.

Information Only:

7.7

Upper North Island Supply Chain - Ministry of Transport Report

Mat Taylor – General Manager Corporate presented this item.

Key Points - Members:

·       Queried if the Port of Tauranga was aware of and supported the assumptions within the Report

·       The Report had been discussed with the UNISA Chief Executives and feedback had been provided to the Ministry of Transport.

 

Resolved

That the Regional Council:

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

Rose/von Dadelszen

CARRIED

 

8.     Public Excluded Section

Resolved

Resolution to exclude the public

1        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

8.16

Public Excluded Council Meeting - 25 June 2020

As noted in the relevant Minutes.

As noted in the relevant Minutes.

To remain in public excluded.

8.17

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.

8.18

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.

 

Leeder/Rose

CARRIED

 

1.05 pm – the meeting closed.

 

 

Confirmed 30 September 2020                                                                                                    

                                                                                                                         Chairman Doug Leeder

Chairperson, Regional Council