Regional Council 30 September 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 Confirmed

8.1 Regional Council Minutes - 6 August 2020 1

8.2 Regional Council Minutes - 3 September 2020 1

8.3 Emergency Regional Council Minutes - 10 September 2020 1

Minutes to be Received

8.4 Tauranga Moana Advisory Group Minutes - 19 June 2020 1

8.5 SmartGrowth Leadership Group DRAFT minutes - 1 July 2020 1

8.6 Rotorua Te Arawa Lakes Strategy Group Minutes - 5 August 2020 1

8.7 Rangitāiki River Forum (Confirmed) Minutes - 5 June 2020 1

8.8 Rangitāiki River Forum (Draft) Minutes - 4 September 2020 1

9. Reports

9.1 Chairperson's Report 1

Decisions Required

9.2 Recommendations from Public Transport Committee 1

Attachment 1 - Recommendations Report PT - Improving our Networks 1

9.3 10.00am: Recovery Project Update 1

9.4 Additions to Engineering Services Panel Contract - Part 1 1

9.5 Regional Pest Management Plan 1

Attachment 1 - Council Decisions during Development of RPMP 1

Attachment 2 - Development Steps to make an RPMP 1

Attachment 3 - Meeting the Requirements of the Biosecurity Act 1

Attachment 4 - Response to submitters requesting Good Neighbour rules 1

Supporting Document 1 - Regional Pest Management Plan Staff Recommendations ('Staff Report")

Supporting Document 2 - Amended Regional Pest Management Plan

9.6 Insurance Review 1

9.7 Regional Council Representation Review 1

9.8 Live Streaming and Recording of Council and Core Committee Meetings 1

Attachment 1 - Draft BOPRC Live Streaming and Recording of Meetings Protocols 1

Information Only

9.9 Councillors Expenditure July 2019 to June 2020 1

Attachment 1 - 2019-2020 Councillors' Expenditure Summary 1

9.10 Local Government Funding Agency (LGFA) Limited - Statement of Intent 2020/21 and Annual Report 2019/20 1

Attachment 1 - Local Government Funding Agency Statement of Intent 2020/21 1

Attachment 2 - LGFA Letter to Stakeholders to accompany 2020/21 SOI 1

Attachment 3 - Cover Letter to Shareholders for Annual Report 2019-20 1

Attachment 4 - LGFA Annual Report 2019/20 1

10. 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
10.1	Public Excluded Regional Council Minutes - 6 August 2020	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
10.2	Public Excluded Regional Council Minutes - 3 September 2020	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
10.3	11.30am: Quayside Holdings Ltd - Public Excluded Presentation	Withholding the information is necessary to enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities.	48(1)(a)(i) Section 7 (2)(h).	To remain in public excluded.
10.4	Crown funding agreements for 'Jobs for Nature' 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 to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied.	48(1)(a)(i) Section 7 (2)(c)(i).	on the CE's approval.

Minutes to be Confirmed

10.1 Public Excluded Regional Council Minutes - 6 August 2020

10.2 Public Excluded Regional Council Minutes - 3 September 2020

Public Excluded Presentations

10.3 11.30am: Quayside Holdings Ltd - Public Excluded Presentation

Decisions Required

10.4 Crown funding agreements for 'Jobs for Nature' projects

11. Public Excluded Business to be Transferred into the Open

12. Readmit the Public

13. Consideration of Items not on the Agenda

14. Closing Karakia

Regional Council Minutes

6 August 2020

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

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:

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

Chairman Doug Leeder

Chairperson, Regional Council

Regional Council Minutes

3 September 2020

Regional Council

Open Minutes

Commencing: Thursday 3 September 2020, 9.30 am

Venue: Regional House Chamber, Elizabeth Street 1, Tauranga 3110

Chairperson: Chairman Doug Leeder

Deputy Chairperson: Deputy Chairperson Jane Nees

Members: Cr Andrew von Dadelszen

Cr Matemoana McDonald

Cr David Love

Cr Norm Bruning

Cr Bill Clark

Cr Stuart Crosby

Cr Kevin Winters – via Zoom

Cr Lyall Thurston

Cr Stacey Rose

Cr Paula Thompson

Cr Te Taru White

In Attendance: Fiona McTavish – Chief Executive, Chris Ingle – General Manager Integrated Catchments, Mark Townsend – Engineering Manager, Debbie Hyland – Finance and Transport Operations Manager, Tone Nerdrum Smith – Committee Advisor

Apologies: Cr Iti and Cr White (late arrival)

1. Opening Karakia

A karakia was provided by Cr Thurston.

2. Apologies

Resolved

That the Regional Council:

Accepts the apologies from Cr Iti and Cr White (late arrival) tendered at the meeting.

Leeder/Nees

CARRIED

3. Items not on the Agenda

Noted that today was Cr Rose’s 21^st birthday.

4. Declaration of Conflicts of Interest

None declared.

5. Reports

Decisions Required

5.1

Budget Amendments for Crown Infrastructure Projects, Rivers and Drainage, Lakes 2020/21 Capital Works Procurement

Presented by: Chris Ingle – General Manager Integrated Catchments, Mark Townsend – Engineering Manager and Debbie Hyland – Finance and Transport Operations Manager.

Key Points

· The new funding as proposed by the Crown Infrastructure Partners would result in an overall lower budgeted borrowing of $10M.

· Procurement of construction works would use a two-envelope tender methodology (2^nd envelope being price)

· Do not anticipate any ‘surprises’ with regards to the tendered prices for the projects, within the procurement plan, as this was a well-known market.

· Central Government funding injection was above expected and a positive results for Council and the community

· Expected to be able to reuse approximately 50% of the pipeline material purchased for the emergency drainage works for the Lake Ōkāreka outlet

· Consent had been granted for the increase in the Lake Ōkāreka discharge limit (500l/s)

Key Points – Members

· Concerns had been expressed at yesterday’s Kaituna Catchment Control Scheme Advisory Group meeting with regards to flood prone farmland and the significant, and ongoing, costs to farmers, which impacted on the value of their land

· Consideration could be given to the possibility of bringing forward the Kaituna River Control Scheme component of the RSS project to address the issue around use of flood prone farm land.

Items for Staff Follow-up

· Ensure that all Councillors receive invitations to the Kaituna Catchment Control Scheme Advisory Group meetings.

Resolved

That the Regional Council:

1 Receives the report, Budget Amendments for Crown Infrastructure Projects, Rivers and Drainage, Lakes 2020/21 Capital Works Procurement;

2 Agrees to current capital expenditure of $12.3 million in 2020/21 and $2.8 million in 2021/22 and agrees to new Crown Infrastructure Partners funding of $10.3 million which results in lower budgeted borrowings of $10.3 million for the Rangitāiki Floodway Stage 6 and Spillway.

3 Agrees to fund additional capital expenditure of $0.6 million in 2020/21, $1.8 million in future years and agrees to new Crown Infrastructure Partners funding of $2.3 million which results in higher budgeted borrowings of $ 0.1 million for Rangitāiki River Floodwalls Resilience.

4 Agrees current capital expenditure of $1.9 million in 2020/21 and $0.6 million in 2021/22; and agrees to new Crown Infrastructure Partners funding of $1.9 million which results in lower budgeted borrowings of $1.9 million for the Kaituna Mole Upgrade.

5 Agrees to current capital expenditure of $1.0 million in 2020/21 and additional $3.0 million in future years and agrees to new Crown Infrastructure Partners funding of $3 million for Whakatane River Stopbank Raising.

6 Agrees to fund new capital expenditure of $1.6 million in 2020/21, $2.1 million in 2021/22; and agrees to new Crown Infrastructure Partners funding of $2.775 million which results in higher budgeted borrowings of $0.9 million for Ngongotahā Stream Flood Mitigation Works.

7 Agrees to fund new capital expenditure of $4.0 million in 2020/21; and agrees to new Crown Infrastructure Partners funding of $3.0 million which results in higher budgeted borrowings of $1.0 million for Waioeka Estuary restoration and floodway enhancement.

8 Notes the new funding proposed by the Crown Infrastructure Partners will require Council to approve new capital expenditure budget of $13.0 million and additional capital revenue budget of $23.1 million which results in lower budgeted borrowings of $10.1 million over the life of the projects.

9 Approves the attached Procurement Plan for Capital Works 2020/21; and

10 Approves going to market to invite tenders for the capital works projects as set out in the attached Procurement Plan.

11 Delegates to the Chief Executive the authority to award the contracts for each capital project, providing the tender price is within the approved capital project budgets as set out in revised Annual Plan Budgets 2020/21 and Long Term Plan 2018-2028 (see section 3.5);

12 Delegates to the Chief Executive the authority to execute the contracts with the successful tenderers.

Bruning/Love

CARRIED

6. 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:

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
6.1	Chief Executive's Interim Performance Review - Distributed Separately	Withholding the information is necessary to protect the privacy of natural persons, including that of deceased natural persons.	48(1)(a)(i) Section 7 (2)(a).	To remain in public excluded.

Leeder/Rose

CARRIED

Minute Note: Please refer to the Manager: Democracy for the minutes of the Public Excluded section of this meeting.

11.35 pm – the meeting closed in the Public Excluded section.

Confirmed

Chairman Doug Leeder

Chairperson, Regional Council

Tauranga Moana Advisory Group Minutes

19 June 2020

Minutes of the Tauranga Moana Advisory Group meeting held at the Cruise Deck, Club Mount Maunganui, 45 Kawaka Street, Mount Maunganui, on Friday, 19 June 2020 commencing at 9.30am

Members: Bay of Plenty Regional Council (BOPRC): Councillor Norm Bruning; Councillor Matemoana McDonald; Councillor Stacey Rose; Councillor Paula Thompson; Councillor Jane Nees (Alternate)

Tauranga City Council (TCC): Councillor Jako Abrie; Councillor Kelvin Clout

Western Bay of Plenty District Council (WBOPDC): Councillor Grant Dally; Councillor Mark Dean

Ngāti Ranginui: Te Pio Kawe (via Zoom)

Ngāti Pūkenga: Kylie Smallman

Ngāi Te Rangi: Pia Bennett; Charlie Tawhiao

Observer: Jeff Milham - Department of Conservation

In Attendance: BOPRC: Chris Ingle – General Manager Integrated Catchments; Sarah Omundsen – General Manager, Regulatory Services; Pim De Monchy – Coastal Catchments Manager; Reuben Gardiner – Senior Planner (Water Policy); Clarke Koopu - Senior Advisor (Treaty) and Merinda Pansegrouw – Committee Advisor

TCC: Radleigh Cairns - Environmental Programme Leader Infrastructure; Jess Allpress - Pollution Prevention and Consents Officer

WBOPDC: Peter Watson - Reserves and Facilities Manager; Chris Nepia - Māori Relationships & Engagement Advisor; Matthew Leighton - Senior Policy Analyst

Others: Presenters/Staff as listed in the minutes and Whānau from Whareroa marae

Apologies: Rehua Smallman - Ngāti Pūkenga

1. Karakia Whakatuwhera
Opening Prayer

Provided by Charlie Tawhiao.

General Manager - Integrated Catchments Chris Ingle facilitated proceedings until the Chairperson had been elected.

2. Ngā Hōnea
Apologies

Resolved

That the Tauranga Moana Advisory Group:

1 Accepts an apology from Rehua Smallman tendered at the meeting.

[McDonald/Bruning]

CARRIED

3. Whakapuakanga o Ngā Take Whai Taha-Rua
Declaration of Conflicts of Interest

Councillor Paula Thompson – Item 8.2, Whareroa marae - Air Quality Issues.

4. Previous Minutes

For Information: Tauranga Moana Advisory Group Minutes – 16 August 2020

Resolved

That the Tauranga Moana Advisory Group:

1 Receives the Tauranga Moana Advisory Group Minutes of 16 August 2019.

Clout/Dean

CARRIED

5. Election of Chairperson / Deputy Chairperson

General Manager Integrated Catchments Chris Ingle presented the report and called for nominations for the position of Chairperson. Te Pio Kawe nominated Councillor Matemoana McDonald as Chairperson; Charlie Tawhiao seconded the motion. As only one nomination was received for the role of Chairperson, no voting was required. Members congratulated the new Chairperson with a round of applause.

The General Manager Integrated Catchments vacated the chair and Councillor McDonald assumed the chair.

Councillor McDonald called for nominations for the position of Deputy Chairperson. Te Pio Kawe nominated Charlie Tawhiao as Deputy Chairperson; Councillor Paula Thompson seconded the motion. As only one nomination was received for the role of Deputy Chairperson, no voting was required.

Resolved

That the Tauranga Moana Advisory Group:

1. Receives the report “Election of Chairperson, Deputy Chairperson and other Meeting Matters”;

Kawe/Tawhiao

CARRIED

2. Elects Cr Matemoana McDonald as the Chairperson of the Tauranga Moana Advisory Group for the 2019-2022 Triennium;

Kawe/Tawhiao

CARRIED

3. Elects Charlie Tawhiao as the Deputy Chairperson of the Tauranga Moana Advisory Group for the 2019-2022 Triennium.

Kawe/Thompson

CARRIED

6. Update from Partners

6.1 Ngāti Ranginui

Ngāti Ranginui Representative Te Pio Kawe provided the following verbal update:

Key Points

· Congratulated the newly elected Chair and Deputy Chair and welcomed all new members to the Tauranga Moana Advisory Group

· Provided an update on progress made with the Tauranga Moana iwi Deed Settlement and the outcome of a report by the Waitangi Tribunal issued in December 2019. The report made several recommendations to remedy the prejudice the Crown’s actions had caused - most importantly that tikanga-based resolution processes should be followed

· Highlighted the importance of recognising/protecting manawhenua of Tauranga Moana iwi

· Acknowledged BOPRC’s policies and processes influencing and supporting the process

· Tauranga Moana iwi was focussed on reaching a settlement.

6.2 Ngāi Te Rangi

Ngāi Te Rangi Representative Charlie Tawhiao provided the following verbal update:

Key Points

· Two key outcomes from the report by the Waitangi Tribunal published in December 2019 were (1) that the Crown should halt the progress of legislation giving effect to the Pare Hauraki Collective Settlement Deed and (2) that tikanga-based resolution processes should be used to clarify overlapping interests and work through any redress disputes

· Pointed out that consultation and information sharing must be thorough, timely and transparent

· To establish parameters and address outstanding issues, meetings between kaumātua of the various iwi groups were ongoing

· Was hopeful that progress would be made in the near future, with the possibility of reaching a Deed Settlement at the end of 2021

· Thanked all for their continued support.

6.3 Ngāti Pūkenga

Ngāti Pūkenga Representative Kylie Smallman provided the following verbal update:

Key Points

· Following a recent restructuring at Ngāti Pūkenga, Kylie Smallman had been appointed as the interim representative for Ngāti Pūkenga

· Kahurangi Tapsell had resigned

· Rehua Smallman has taken full time employment, hence the appointment of an interim representative.

6.4 Western Bay of Plenty District Council

Western Bay of Plenty District Council Reserves and Facilities Manager Peter Watson provided a verbal update, highlighting the following:

Key Points

· Omokoroa to Tauranga Cycleway was nearing completion: the Wairoa Bridge, which would feature a composite and steel clip-on structure mounted to the harbour side of the State Highway 2 bridge across the Wairoa River, was currently under construction

· Omokoroa Structure Planning Process for the area north of the railway was ongoing

· Tahataharoa Reserve - Proposed Ownership Structure: confirmed that the ownership had been transferred to WBOPDC and that an ownership model was currently being developed.

6.5 Tauranga City Council

Councillor Kelvin Clout highlighted TCC key work streams as follows:

Key Points

· To finalise the potential alignment options for a section of the Kopurererua stream as part of the K-Valley realignment project, underground services had been the main constraint in completing initial concept plans – these should be available soon

· Construction of the floating walkway over Puketoromiro Pa started with the onset of Level 2. Work should be completed by July 2020

· Upgrades to the Te Maunga Wastewater Treatment plant were continuing with the final effluent pipeline upgrade over 50% complete. The project would upgrade the pipeline connecting the plant with the flow balance ponds, wetland and outfall infrastructure. Estimated completion - September 2020

· Earthworks consent application for the upgrade to the landward section of the outfall pipeline had been granted by BOPRC and detailed design work on a second bioreactor for Te Maunga was underway with both projects included in TCC's application for Crown Infrastructure Projects funding from Central Government

· Regional Wastewater Overflow Best Practise Guidelines agreed between the six Territorial Authorities and BOPRC were being integrated into TCC's response and notification protocols. Next steps included engaging with local iwi and hapū on the notification process. Initial feedback had been received from Ngāti Ranginui and Ngai Te Rangi

· Reports were sent to more than 100 commercial and industrial sites within the Mount Industrial Catchment with recommendations identified during the pollution prevention audit programme at the beginning of 2020

· During lockdown staff took the opportunity to move TCC's Waterline education programme online.

6.6 Bay of Plenty Regional Council

General Manager Integrated Catchments Chris Ingle and Coastal Catchments Manager Pim De Monchy outlined BOPRC priorities as follows:

Key Points

· On 30 March 2020 two significant spills occurred at Sulphur Point. Nearly all the oil discharged had been recovered. Waste Management have as a result implemented new measures and procedures to prevent similar spills occurring.

· Since September 2019, the Maritime team have assisted Vessel Works Tauranga with cleaning up the seafloor around the Tauranga Harbour Bridge Wharf area. To date, approximately 15 tonne of debris and waste had been removed

· BOPRC had applied jointly with Whakatāne District Council to the Provincial Growth Fund in mid-March 2020 in a bid to re-deploy forestry workers affected by Covid-19. Of the $8.3M granted, Coast Care was granted $270,000, of which $102,000 would be spent to support Matakana Island locals to undertake coastal tea tree control and Waihī beach local vegetation control businesses to retain staff after the downturn undertaking dune weed control

· Several other applications for ‘Green Project’ funding had been made - representing opportunities to collaborate with iwi/hapū and others

· Significant progress had been made in recent months with a new programme “Towards Thriving Kaimai Mamaku Forests” doubling funding for animal pest control

· Matakana Island appeal on the Regional Coastal Environment had been resolved: the appeal related to the Outstanding Natural Features and Landscapes of the barrier arm. The appeal led to a positive collaboration between WBOPDC, BOPRC and Nga Hapu o Te Moutere o Matakana. Recently, Department of Conservation had expressed interested in supporting the development of a case study, and in the next few weeks Council would be scoping the feasibility of a case study with Nga Hapu o Te Moutere o Matakana and WBOPDC.

7. Conservation Update

7.1 Department of Conservation

Department of Conservation District Manager Jeff Milham provided a verbal update, outlining the following:

Key Points

· Kaimai Mamaku: following COVID-19, funding had been allocated for nature based jobs – this has created opportunities for the Kaimai Mamaku Forest. Staff were currently working on the details of the allocations

· Environment enhancement ideas would be the main focus, i.e. animal pest control/protection and enabling iwi and hapū to be resourced to do the work.

8. Presentations

8.1 National Policy Statement for Freshwater Management – Te Mana o Te Wai

Refer PowerPoint Presentation: Objective ID A3560780 Link Te Mana o Te Wai Presentation

Presented by Pia Bennett, Ngai Te Rangi and Reuben Gardiner Bay of Plenty Regional Council Senior Planner (Water Policy):

Key Points of the Presentation

· Whakapapa ō Te Mana ō Te Wai was the result of a freshwater technician’s hard work; conceptualisation by one of our own – Roku Mihinui and coined out of frustration

· Original intentions included: the relationship of Maori with their taonga/to recognise the whakapapa ties to wai/to honour the atua and preserve the mana of the wai that the atua created and continue to provide us

· Ki te ara tōtika – towards best practice Nga ahunga hou / new directions: Tangata Whenua Values and Interest Document

· Nga kaupapa kei te heke – Future projects

· He korowai kia whakamana i te wai:

o Establishing a clear bottom line

o Upholding Te Tiriti critical to giving effect to Te Mana ō Te Wai

o Elements that belonged to iwi & hapū

o Principles & obligations were pervasive

o Understanding consequences of policy

· Ngā whakaaro whakamutunga

o Te Hononga proposed clear actions that must be taken to implement the NPSFM 2020

o Nō mātou te kōrero, nō mātou te mana whakatipu, nō mātou anō te mana tiaki

· “Where the rivers meet, people come together. When people come together, there is debate and learning.” (Joe Williams, He Pūkenga Wai 2019)

8.2 Whareroa Marae - Air Quality Issues

Refer PowerPoint Presentation: Objective ID A3560801 Link to Whareroa marae Presentation

Cr Paula Thompson declared a conflict of interest in this item and abstained from discussion and voting.

Presented by Joel Ngatuere on behalf of the whānau at Whareroa Marae:

Key Points of the Presentation

· Environmental issues affecting hapū at Whareroa marae

· Snapshot of marae and community demographics

· Health problems/long term and short term effects caused by sulphur dioxide, nitrogen dioxide and hydrogen sulphide

· Issues and impacts on health: air quality, water quality, land, visual and audio, RMA, airshed, odours and property damage

· Wanted to be healthy/breathe clean air for whānau and all tauranga moana.

· Whareroa marae was situated on the shore of Tauranga Harbour neighbouring the Mount industrial area which was primarily made up of industrially zoned land

· About 80 people resided permanently at Whareroa marae

· Whareroa marae has been present for around 150 years, making it one of the oldest kainga in the area

· Hapū were at risk of air pollution – was fearful of the impact the companies' chemicals would have on both tamariki and kaumātua

· Calling for intervention as industrial companies surrounded the marae

· Have written to Prime Minister Jacinda Ardern in August 2019, asking for intervention

· Better use of the land across Tauranga was required, particularly around Mount Maunganui; this included preventing other industrial companies from entering the whenua

· For whānau at Whareroa and for everyone in the Mount, this needed to be addressed urgently.

Key Points Members:

· Acknowledged the submission by Whareroa marae and the challenges the Whareroa community had faced as a result of the impacts of the encroaching industrial area

· Highlighted the four well-beings and recognised the importance of all parties working together to address the concerns raised by the Whareroa community

· Minister Nanaia Mahuta, Minister for Māori Development and Minister for Local Government, was scheduled to visit Whareroa marae in July 2020

· 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.

12:25 pm The meeting adjourned.

12:50 pm The meeting reconvened.

Whareroa Marae - Air Quality Issues (Continued)

Resolved

That the Tauranga Moana Advisory Group:

1. Recommends to the Bay of Plenty Regional Council Toi Moana, Tauranga City Council and Western Bay of Plenty District Council as follows:

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.

Tawhiao/Rose

CARRIED

8.3 Stella Passage and Port of Tauranga Development

Refer PowerPoint Presentation Objective ID A3560805 Link to Port of Tauranga Presentation

Presented by Rowan Johnstone and Dan Kneebone, Port of Tauranga Limited:

Key Points of the Presentation

· Appreciated the opportunity to listen to the updates provide at the meeting

· Overview of current activities and initiatives at the Port

· Licence to operate in the community was based on buy-in/support from the community

· Port had made significant changes to make a positive impact - focus would be to look at the future

· Improving bulk cargo handling

· Methyl Bromide Recapture - amount used reduced, what was used, were captured

· Marpol Annex V - introduction of Low Sulphur Fuel or installing scrubbers (reducing fumes from ships in harbour)

· Debarking as an alternative to Methyl Bromide treatment for log exports

· Stormwater treatment – comprehensive monitoring systems and consents in place – ensuring increased stormwater quality

· Targeting net zero emissions by 2050

· Significant contributions to the Tauranga community

· Stella Passage Development.

8.4 Industrial Audit Programme Results Update

Due to time constraints, the presentation was deferred to the next meeting.

8.5 Renewal of the Non-Scheme Waterway Management Consent Stakeholder Engagement

Due to time constraints, the presentation was deferred to the next meeting.

8.6 Inter-Regional Marine Pathways Plan

General Manager Integrated Catchments Chris Ingle provided a verbal update:

Key Points:

· The Inter-Regional Marine Pathways Management Plan had been approved and was progressing to the next phase, which involved detailed consultation

· An Inter-Regional pathway plan would help manage the risk of further spread of marine pests by working in a consistent manner across the Northland, Auckland, Waikato and Bay of Plenty regions

· A joint marine pest pathway plan applied within the coastal marine area of all four regions.

The detailed presentation was deferred to the next meeting.

8.7 Environmental Enhancement Projects Update

General Manager Integrated Catchments Chris Ingle provided a verbal update:

Key Point:

· Post-COVID-19, several applications for ‘Green Project’ funding had been made to Central Government. These projects and employment opportunities in the Bay of Plenty would offer opportunities to collaborate with iwi/hapū and others. Any iwi group who had not been involved to date, may wish to contact the Department of Conservation or the Regional Council to discuss their aspirations regarding environmental project work and related employment opportunities.

9. Discussion - Recovery Post Covid-19

Refer item 8.7.

10. Discussion - Review of the Tauranga Moana Advisory Group Meeting Format/Meeting Venues

To be considered by the members at an informal hui.

11. Next Meeting

Friday, 18 September 2020.

12. Closing Karakia

Provided by Charlie Tawhiao.

The meeting concluded at 1:41 pm.

Confirmed ___________________________________________

Councillor M McDonald, Chairperson

Tauranga Moana Advisory Group

____________________________________________

Date



Report To:	Regional Council
Meeting Date:	30 September 2020
Report Authoriser:	Chairman Doug Leeder

Chairperson's Report

Executive Summary

Since the preparation of the previous Chairman’s Report (for the 6 August 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
3 August	Western Bay of Plenty and Waikato Inter-Regional Approach proposed Meeting of Future Proof and SmartGrowth – Cambridge	Attended.
5 August	Rotorua Te Arawa Lakes Strategy Group – Rotorua	Attended.
7 August	UNISA Mayors and Chairs Meeting – Videoconference	Discussed: providing a UNISA Briefing for Incoming Ministers; Marine Pest Management and the Upper North Island Supply Chain (UNISC). Minister Twyford joined the meeting to discuss UNISC Strategy and spatial planning.
15 August	Launch Ōpōtiki District Health Shuttle Service – Ōpōtiki	In the BOPRC Annual Plan this year, we have agreed to support St John’s to continue to provide free Community Health Shuttles in Ōpōtiki and Kawerau for patients that require transport to and from key medical and speciality services.
20 August	Freshwater Implementation Group Meeting – Videoconference	Initial meeting to discuss the Terms of Reference and organisation of meetings.
	Jobs for Nature Reference Group Meeting – Videoconference	Attended.
	Meeting with Western Bay of Plenty District Council and Quayside - Tauranga	Discussed the Rangiuru Business Park.
21 August	Local Government New Zealand Annual General Meeting – Videoconference	This is covered in more detail in the following section.
21 August	CouncilMARK Moderation Discussion - Teleconference	Attended.
24 August	Inaugural Trout New Zealand meeting - Videoconference	Attended.
27 August	Regional Sector Dinner – Wellington	Attended
28 August	Regional Sector Meeting – Wellington	This is covered in more detail in the following section.
2 September	Freshwater Implementation Group Meeting – Teleconference	Attended.
2 September	Jobs for Nature Reference Group Workshop – Teleconference	Attended.
7 September	Bay of Plenty Mayor's Three Waters Regional Funding Agreement – Teleconference	Discussed the Three Waters tranche one regional funding allocation. Funding agreement to be signed and sent to DIA by 30 September.
8 September	CouncilMARK™ Moderation Initial Meeting – Tauranga	Attended.
8 September	Mayors, Chairs and CEs Dinner Meeting – Tauranga	Attended.
9 September	CouncilMARK™ Moderation Site Visit Wrap Up – Tauranga	Attended.
9 September	Meeting with Andrea Reeves, Assistant Auditor-General - Teleconference	Discussed the Auditor-General’s Local Government Advisory Group.
15 September	Public announcement by Minister of Conservation Hon Eugenie Sage – Tauranga	Minister Sage announced $19 million investment funding over four years for the Kaimai-Mamaku Ranges Forest Restoration Project.
16 September	Meeting with Kawerau District Council and Waiū Dairy – Kawerau	Attended.
16 September	Meeting with Paul Basten and Emma Jones - Tauranga	Discussed air pollution in Mount Maunganui.
17 September	Ballance Site Tour for BOPRC Councillors – Tauranga	A brief overview of Ballance, what they do on site and a brief tour around the plant.

3. Matters of Potential Interest

3.1 Local Government New Zealand Annual General Meeting

The Local Government New Zealand Annual General Meeting (LGNZ AGM) was held on 21 August via videoconference.

There were 10 remits considered at the LGNZ AGM, with the following 9 remits being supported: Public Transport Support, Housing Affordability, Returning GST on rates for councils to spend on infrastructure, Natural hazards and climate change adaptation, Local Government Electoral cycle, Water bottling, Quorum when attending local authority meetings, Use of macrons by local authorities, and Rates rebates for low income property owners.

The Annual regional balance of transfers remit was not supported.

LGNZ member councils also elected a new President and Vice President, Councillor Stuart Crosby and Whanganui District Council Mayor Hamish McDouall respectively.

3.2 Regional Sector Meeting

The Regional Sector meeting for regional/unitary council Chairs/Mayors and Chief Executives, was held on 28 August in Wellington. A variety of topics were discussed including:

· Freshwater Update – the freshwater implementation space is complex. A good structure is in place around the development of policy, and the Freshwater Implementation Group has been formed. The regional sector will be represented on the Implementation Group by James Palmer, David McLeod, Stefanie Rixecker and I.

· Regional Sector Briefing for Incoming Ministers (BIM) – to be redrafted to reflect discussions at the meeting. Draft BIM will be presented to LGNZ National Council.

There were also two external presentations from:

· CouncilMARK™ - representatives advised of the process undertaken to ensure the assessment framework is fit-for-purpose for regional councils. CouncilMARK™ to visit every regional and unitary council in coming months.

· Fonterra - representatives spoke about their COVID-19 Response Plan including modelling impacts on domestic activity



Report To:	Regional Council
Meeting Date:	30 September 2020
Report Writer:	Nic Newman, Principal Advisor; Dean Howie, Programme Manager - Regional Economic Development and James Low, Team Leader Policy (Freshwater)
Report Authoriser:	Namouta Poutasi, General Manager, Strategy & Science Stephen Lamb, Environmental Strategy Manager
Purpose:	To update Councillors on the Council regional recovery project and to seek confirmation of Long Term Plan direction

Recovery Project Update

Executive Summary

The purpose of this paper is to update Councillors on the Bay of Plenty Regional Council (BOPRC) recovery project and to seek confirmation of Long Term Plan direction.

The project has reached a milestone with success in: obtaining funding for a number of stimulus projects that align with our community outcomes and advance our core work, supporting other groups in their stimulus bids, developing a digital dashboard to display stimulus projects in the region, providing a consents navigator role to support recovery projects, supporting Māori recovery and economic development through a contract with Toi Kai Rawa, supporting the establishment of the Waiariki Regional Leadership Group, Bay of Connections’ (BOC) facilitating the development of a Regional Recovery Framework and supporting regional economic data needs. Recovery for our communities will be enabled by both regional and local/sub-regional leadership.

The recovery landscape continues to be highly dynamic; with a second wave of infection, an upcoming general election, a fiscally constrained environment, and multiple recovery players and groupings. Additionally our teams are at delivery capacity with our own stimulus projects and focused on implementation and supporting partner bids.

Against this landscape Councillors have given direction that we lead stimulus projects that support our core work, we add value through our existing roles, that we let the landscape settle before allocating any new funding, and any new funding must be aligned with regional priorities.

Recommendations

That the Regional Council:

1 Receives the report, Recovery Project Update.

2 Notes the Council Recovery Programme, including: the focus on delivering outcomes through our own stimulus projects and supporting partners, recognising regional and sub-regional leadership, and that our teams are at delivery capacity.

3 Notes the Bay of Connections update, including its focus on tactical projects that have a long term transformational benefit, and on supporting regional economic data needs.

4 Confirms the Long Term Plan direction noted in section 2.4.

5 Considers any further funding to the Long Term Plan.

6 Notes that funding requests for funding through the Annual Plan from Toi EDA and Toi Kai Rawa Trust will be considered as part of the Long Term Plan.

1. Introduction

The purpose of this paper is to update Councillors on the BOPRC recovery project and to seek confirmation of Long Term Plan direction. The project was established in April with 2 components, a BOPRC programme of actions and Bay of Connections led regional connection work. Council provided direction on June 18 to focus on bidding for and leading stimulus projects that create jobs and advance our core work, as well as adding value to recovery through other core roles. Bay of Connections focused on establishing a joined up regional picture of recovery priorities and supporting regional economic data needs.

1.1 Alignment with Strategic Framework

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.

The subject of this paper directly delivers on the organisational strategic priorities of ‘Assisting the region to recover from COVID-19 while delivering lasting well-being benefits for the community’ and ‘Taking a regional view while recognising sub-regional variations’.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

þ Cultural

Medium - Positive

þ Social

Medium - Positive

þ Economic

High - Positive

2. Recovery Project

2.1 Context and changing landscape

2.1.1 Regional Economic Landscape

The recovery project has been and continues to operate in a dynamic and challenging environment.

The Bay of Plenty region fared better than expected during Q2 2020, the period coinciding with COVID alert levels 4 and 3 in New Zealand, however significant challenges remain. Reduced economic activity during this period saw GDP fall by 1.6% for the year to June 2020, compared to a national fall of 2.1%.

The regional data available is showing some key trends:

· Rising unemployment: Job Seeker Support recipients were 16,004 at the end of July 2020, up 3% from June. COVID Income Relief Payment (CIRP) recipients doubled from June to July 2020: 718 to 1430

· Increasing demand for financial support; there has been a 4.5% increase in Accommodation supplement recipients from April (30,514) to July (31,874)

· The economic impacts and loss of employment are affecting Maori and women disproportionately.

Consumer spending has tracked above spend levels for the corresponding time period last year since going into alert level 2 in mid-May, however a decline below 2019 levels was recorded in the last two weeks of August 2020, when Auckland returned to Level 3, and the rest of the country to Level 2.

Support for businesses and individuals is coming to an end as applications for the COVID-19 Wage Subsidy Scheme and Resurgence Wage Subsidy Scheme, introduced following the escalation to alert level 3 in Auckland, are now closed. The COVID-19 Income Relief Payment, for workers who lose their job as a result of COVID-19 between 1 March and 30 October, is open for applications until 13 November 2020.

The economic impact of the recent COVID-19 resurgence and increase to alert levels 2 and 3 across the country and in Auckland, respectively, are currently unclear due to time lags in data reporting.

New Zealand, along with other countries, is now facing a second wave of COVID-19 infection. The Auckland cluster is now New Zealand’s biggest at 159 cases (as a September 6), with the source of the cluster still unknown. Treasury has estimated the cost of the Auckland lockdown at $500 million per week. Globally there are over 25 million cases of infection and over 800,000 deaths. Across the globe numerous countries are experiencing a second wave of infection following the relaxing of lockdown. This second wave means there is significantly more uncertainty in how the pandemic and recovery will play out.

There is also uncertainty and constraint in the fiscal environment. The 2021-2031 Long Term Plan is being developed in this environment. Council is currently reviewing its financial framework as part of LTP development. The availability of any new funding to support new recovery activity is not known at this stage.

The general election on October 17 is another source of uncertainty in the landscape. Characteristics of the current government which shape this landscape – ‘going hard and early’ after the virus, and the provincial growth fund (and others) as a significant means of regional development and stimulus, may not exist after the election.

2.1.2 Regional Leadership

BOPRC is uniquely placed, through having a regional lens and regional impact, while supporting local recovery initiatives. Council manages natural resources on a regional basis and leads regional land transport planning. We also ‘hold a space’ for regional conversations through our role and perspective and through our funding of Bay of Connections. Council also supports local recovery efforts through the funding of Economic Development Agencies and local stimulus projects. Recovery for our communities is enabled by regional and sub-regional leadership.

Two groups emerged after the initial COVID-19 lockdown, a Waiariki Regional Leadership Group and the interim Regional Skills Leadership Group.

Regional Leadership Groups (RLG) were established across New Zealand to support social and economic recovery from COVID-19 within Caring for Communities work. They provide an additional leadership role at the regional level alongside the Joint Committee, to support wider agency and community resurgence planning and response activity. The role of RLGs is one of convening leadership and connecting across local government, iwi, Pacific and ethnic communities, and key central government personnel.

Regional Skills Leadership Groups (RSLG) are focused on better managing the changing skills and workforce needs of our region, ensuring a joined up approach to labour market planning, with workforce, education and immigration systems working together to meet the skills needs of the country.

The Regional Leadership Group established in the Bay of Plenty is the Waiariki Regional Leadership Group. The group is an enabler of recovery and stronger communities and has evolved from the pre-COVID Collective Impact Governance Group. Membership of the group includes a range of central government agencies, Iwi, and local government. The leadership is focused through four bubbles: Whenua, Justice, Livelihoods, and Energy and supports local delivery. The value in the group is that it is the only place that local government, Iwi, and central government come together, which is crucial in a complex landscape. Regional Council has strongly supported the development of this Group through its infancy and providing interim secretariat support. This support is designed to facilitate the Group refining its purpose, building a relationship framework and engaging other partners.

As a member of the Waiariki Regional Leadership Group (WRLG) and through CDEM, we have also been involved in the Resurgence Strategic Partnership model. The Strategic Partnership model has been mandated by Government to coordinate the Emergency response if the region (and/or all of NZ) is placed into alert level 3 or 4 in a resurgence of Covid-19. The model is based on the expectation that CDEM still maintains operational responsibilities to coordinate the emergency response, though it is also expected to partner with Regional Leadership groups to ensure CDEM is supported by the Regional Leaders group to enhance the emergency response and that the response aligns with Regional Groups longer term priorities emerging under its four principles. DOC’s regional alliances model is another example of regional leadership which supports local delivery. Being involved in the WRLG strengthens our organisational connections with central government and iwi.

The Bay of Plenty interim RSLG was established to support the recovery of labour markets post-COVID. The group features regional industry leaders, economic development agencies, and iwi, worker and government representatives, who contribute their knowledge and local expertise. Our role has been in assisting in the development of this group and supporting its facilitation. While the iRSLG will be supported by a team of central government data analysts and policy advisors, and local workforce specialists we have been integral in sharing regional information.

Iwi and hapū in the region are now more than ever positioning and preparing for their role in a future based on sustainable economy and employment. There are a number of challenges for Iwi around environmental pressures, capacity and capability, employment and wealth distribution, and also opportunities for involvement in freshwater management, for central government development funding, and the opportunity for leveraging collective strength. There is an overlap with BOPRC outcomes sought around Te Mana o te Wai, Mātauranga Māori, and increasing Iwi capability and capacity in the region. Initial hui have been held with regional Iwi leaders to understand their priorities and consider how to add value and improve working relationships.

A regional Iwi chairs forum has met twice and is focused on COVID recovery. There is the potential for this to evolve as a strategic collaboration to empower Iwi and Taiao aspirations through a focus on: strategic issues and opportunities, information to support decision making, collective advocacy to government, and collective funding and procurement opportunities. The concept of support models for this collaboration is now being tested with Iwi.

Bay of Connections is an economic development catalyst for the wider Bay of Plenty region. Its role is to connect the dots and advance tactical projects across the Bay of Plenty, with the goal of delivering regional, transformational and long-term benefits. Its targeted approach involves working alongside local areas, helping ensure alignment where it makes sense, minimising the potential for duplication and providing thought leadership where required.

During recent months the Economic Development Agencies have been front and centre in planning and delivering recovery actions with their communities / sub-regions. Meanwhile, Bay of Connections has worked to provide a joined up picture of regional recovery priorities and progress tactical projects.

2.2 BOPRC Programme

The Council programme is shaped by Council direction (June 18) to focus on our core work and where stimulus can align, as well as adding value to recovery through our roles.

2.2.1 Stimulus Projects

BOPRC has been involved in over 100 bids both as lead (34) and partner or support. The region as a whole has been successful in securing stimulus funding totalling $356m to deliver community projects, infrastructure enhancements, catchment management, tourism support initiatives and more. Please note this total is for bids that BOPRC are aware of - we are not the lead for all of these projects and therefore do not hold all the data. The following infographics are designed to paint a regional picture.

Figure 1. Bay of Plenty known stimulus project status as at 1 September.

Figure 2. Distribution of known stimulus project status as at 1 September

The stimulus projects that Council has been successful in achieving funding for are shown below in the table below. Note that Council has also successfully supported 3^rd party led projects.

Our successful projects will deliver employment and real world outcomes including: resilience to climate change and the expected increase in intensity of extreme weather events, cadetship training and qualifications for hands-on environmental work, improved riparian management and water quality in focus catchments, increased biodiversity through native planting programmes, improved river system habitat through weed control, improved access to recreational areas, improved protection of frost flat and geothermal ecosystems through wilding conifer control, and improved biodiversity and primary production through wallaby control.

The recent residents’ survey found that the topmost issues that respondents believe the Regional Council should be working on are: protection and enhancement of local land, air and water quality and wildlife, maintenance of flood protection schemes, and management of plant and animal pests. Moreover, 62% believed that COVID-19 recovery work should place emphasis on positive steps to address climate change and its impacts. The recovery programme (figure 3) aligns with residents’ wishes through: stimulus projects focused on pest plant and animal management, catchment management, and flood control and the majority of project value is directed towards climate change resilience, through the Crown Infrastructure Projects.

Figure 3. BOPRC successful stimulus projects as at 1 September

*Fund*	*Projects/Locations*	*Total Value ($M)*	*Status*	*Period*	*Co-funding ($M)*
Crown Infrastructure Partners	6 flood projects Region-Wide	$23	Announced and to be contracted	3 years	$13.0 approved by Council 03/09.
MBIE	Kia Kaha Projects Eastern Bay	$2.1	Underway	May to November 2020	Not required
Te Uru Rakau 1B trees	Subsidises native planting work Region-Wide	$1.5	$1M allocated to projects and underway	Final payment due April 2023	Existing budgets
Jobs for nature	Focus catchment projects Region-Wide	$3.0 from MfE plus $3.0 from BOPRC	Approved by Minister but not yet contracted	2 years	$2.5 Opex from Rotorua and Coastal Catchments, plus $0.5 staff time.
	Waihī Estuary Restoration * Western Bay	$1.0, but potentially varied up to $1.4. Note also a Sustainable Farming Fund bid for $0.5 pending.	Confirmed, with farmer-led community organisation “Waikokopu” to be contracted by MPI	3 years	$0.3 per year from BOPRC Opex for Environmental Programme agreements
	Conservation Cadets * Region-Wide	$3.5	Contract with Bay Conservation	Final planning stages, with first intake of cadets due Dec 20	Not required from BOPRC, but Bay Conservation Alliance has received support from Council
Wallabies and Wildings (MPI)	Wilding Pine control Eastern Bay	$0.962	Pending	2020/2021	$0.145 from existing budgets
	Wallaby Control Rotorua Lakes	$1.8	Pending	2020/2021	$0.4 from existing budgets

*BOPRC as partner to lead agency

The Freshwater Improvement Fund, as part of the Jobs for Nature funding, has its first round currently open. Council will predominantly support 3^rd party applicants to this fund as our teams are at capacity. The second round of this fund will open in early 2021, any Council led applications will be dependent on human and financial capacity. The Provincial Growth Fund is effectively fully allocated and not receiving any new applications.

2.3 Bay of Connections

Since the onset of COVID-19, Bay of Connections’ focus has been twofold – supporting the development of a regional recovery strategy, an action agreed with Council, and identifying tactical projects in its key focus areas: Low Carbon Economy, Infrastructure, Workforce and the Māori economy.

The rapid escalation to alert level 4 in March resulted in an urgency to deliver an immediate response. Organisations across the Bay of Plenty mobilised to support their communities and those most impacted by lockdown measures.

The COVID-19 stimulus investment environment has created a unique opportunity for the BOP to accelerate positive outcomes and to plan and build for a new future. Central government funding announcements for job creation projects have been welcomed however the focus locally has shifted to when projects will start, as organisations need to plan resource requirements and initiate procurement.

2.3.1 Regional Recovery Framework

Against this backdrop, consultation with stakeholders (who are focused on resurgence planning) on a draft Regional Recovery Strategy found that, while there was an appreciation that local recovery plans and strategies had been collated to highlight key themes, gaps and develop a shared vision, there was limited support for an over-arching future focused strategy. Based on this feedback, Bay of Connections repositioned the strategy as a Regional Recovery Framework; reflecting the local delivery of actions that are aligned to broader regional objectives, and that articulates recovery for the Bay of Plenty for external audiences. A framework has greater capacity to withstand changing circumstances in the ever-evolving COVID-19 environment than a more rigid strategy.

The Regional Recovery Framework was prepared by Bay of Connections, pulling together the collective priorities from local council and EDA recovery plans, and the principles developed by the recently established Regional Leadership Group. It provides a snapshot of the Bay of Plenty economic and social impact following the initial COVID-19 lockdown, and seeks to capture the wider region’s recovery strategies and activities at a local and regional level.

There are multiple EDAs, councils, sector groups, Māori trusts and iwi organisations, Government agencies and others who all have work underway to support local social and economic recovery. The Framework provides a structure for common direction and is intended to help guide and connect recovery planning between central and local government. The Framework is implemented by the agencies and groups involved in recovery activities across the region.

Common themes emerging from local recovery plans are:

· Prioritising stimulus projects to create immediate jobs

· Developing and sharing robust data and insights to support decision making

· Co-ordination to support displaced workers into employment opportunities

· Visitor economy: Promoting offerings to the domestic market

· Facilitating capital investment

· Flexible and new ways of working, increasing productivity through digitally enabled and technology driven systems

· Supporting Maori economic development and fostering iwi-led initiatives

· Transformation to low-carbon industries

· Unlocking constraints to economic development

· Demonstrating Leadership – working together for the benefit of the Bay

Identified gaps include:

· Procurement: Avoiding competition for constrained resources; investigating alliances to deliver efficiencies and economies of scale; encouraging procurement from local suppliers and/or social procurement.

· Ongoing monitoring and assessment of the impact of economic stimulus and recovery activities.

Responding to COVID-19 and harnessing the collective recovery efforts across the Bay of Plenty provides us with a unique opportunity to design for a vibrant connected region; where we protect and enhance our distinctive natural environment, care for our communities, and build for a sustainable and resilient economy.

2.3.2 Tactical Projects

The Bay of Connections (BOC) Leadership Group has indicated a strong desire to move from strategy to execution, with a preference for advancing tactical projects which have regional, transformational and long-term benefits, and are consistent with the focus areas previously identified: Infrastructure, Workforce Development, Low Carbon Economy and Maori Economic Development.

A goal of Bay of Connections is to manage a balanced portfolio of short, medium and long-term projects that meet current capacity. A matrix of prioritisation factors, aligned to the key focus areas, has been developed for the Leadership Group to assess possible projects. The Leadership Group’s initial assessment of possible projects includes a recommendation on BOC’s role: Lead, facilitate, keep a watching brief, or do not progress.

Bay of Connections is currently progressing work on three kaupapa: Sustainability and Waste Minimisation, Facilitating Capital Investment and supporting the ongoing development of Cycle Trails in the region. Engagement with and buy-in from sub-regional EDAs and other key stakeholders is essential to progress these focused initiatives and is being initiated on a project basis.

While the post-COVID landscape is vastly different, Bay of Connections’ purpose of creating a vibrant and prosperous region remains.

Bay of Connections will report to Strategy and Policy Committee in November, offering Councillors an opportunity to provide feedback on the scope and direction of the projects listed above.

2.3.3 Regional Data support

As part of Bay of Connections’ work with the sub-regions’ EDAs last year, it was identified that ensuring comprehensive and consistent data for the region would be a core foundation for future developments. COVID-19 has meant the Data Project, introduced in February 2020, is proving more important than ever.

Originally established to address the lack of shared regional economic data and to enable better forecasting to support investment decisions around labour market initiatives, COVID-19 response and recovery activity across the region has generated considerable demand for data: Economic, Social, Cultural and Environmental. As a result, the scope of the Data Project has unintentionally expanded over the last few months as organisations across the region seek to comprehend the constantly evolving operating environment and to make informed decisions.

A Regional Data Group was created to connect agencies across the region to share data sources and insights via monthly Zoom hui and frequent email updates. The group has grown to 42 members, made up of representatives from EDAs, councils, central government, iwi organisations, RTOs and tertiary providers. The group’s ongoing collaboration is cultivating some rich regional data and insights.

The Regional Data Group is mindful that each sub-region has its own set of unique features and challenges that can make the collection of consistent regional data incredibly difficult. The Group has also identified a lack of data for Māori, as significant community stakeholders.

The Data Project came at the request of our region and it is already adding considerable value: Enabling sub-regions to obtain access to a wide range of data sets via the Mahi Tahi portal, providing data analysis for EDAs without in-house resource, coordinating Power BI dashboard training sessions for Regional Data Group members and supporting Toi Kai Rawa with their data needs.

Bay of Connections is providing a snapshot of economic indicators to stakeholders via its monthly e-newsletter and is currently developing its first Quarterly Impact Report, based on a collation of data and resources at a local, regional and national level. The Bay of Plenty Infometrics Quarterly Economic Monitor report to the end of the second quarter was circulated, with commentary, to Council and other stakeholders in late August, attracting positive media coverage.

2.3.4 Additional Value Add

A ‘consents navigator’ service has been established to assist complex consents linked to recovery. Staff have provided the service to Whakatāne District Council (Wainui Road widening), Opotiki District Council (cycleway extension) and Kawerau District Council (roading project to link to the proposed Kawerau Container Terminal). Service recipients report being very pleased with the clarification provided to projects and the fact that Council was willing to assist them on a pre-application basis to get things moving. The same kind of service is also being provided for ‘natural resources planning’ where potential applicants are assisted with understanding resource availability and constraints.

A digital “dashboard” showing the known recovery projects has been prepared to gain a region-wide perspective of recovery efforts. The metrics and maps used in this report come from this tracking dashboard. It has been made available to external parties (e.g. EDAs) to be able to use and update directly. A limitation of the dashboard is that BOPRC are not the funder of stimulus, so will only ever ‘know what we know’ (i.e. we cannot force organisations to use it/contribute to it) and secondly the biggest need now is for a tool that can demonstrate/predict where jobs are being created through projects and this pipeline over time. This type of tool would assist workforce planning. Staff are therefore initiating discussion with MBIE (RSLG) about possibly taking over/adapting this tool.

Council has provided support to the Māori Economic Development Agency Toi Kai Rawa. As part of the Annual Plan 2020/2021 Council approved funding of $250,000. This funding (as per the contract) covers: the promotion of a Māori Business Network, scoping Social Procurement opportunities for Māori, co-design of a Whenua Māori Solutions Hub and a contribution to general expenses. Toi Kai Rawa will be invited to present on progress to the Strategy and Policy Committee.

The Regional Council is uniquely placed to ‘hold a space’ for regional collaboration, through its regional lens and by enabling these initiatives through secretariat support.

2.4 Long Term Plan Direction

At the Long Term Plan workshop on 12 August 2020, guidance was sought from Council on future level of activity in the recovery project. Council guidance was for the current/medium level of impact, with any future activity dependent of the availability of funding. Guidance around the priorities for any new or reprioritised Council funding were:

· Future Co-funding of any new economic stimulus projects that align with our core roles. Any allocation of funding would need to: ensure we leverage central government funding, achieve co-benefits for Council (e.g. biosecurity, climate change resilience), and be cognisant of Council capacity to deliver and of community need.

· Supporting new work that focus’ on both recovery and on the future of our region. Provision of any funding would support work such as feasibility studies or pilots projects, around: transition to a low emissions economy, energy efficiency, waste management/circular economy, and Māori economic development.

· Supporting Economic Development Agencies in their work, as the front-line of recovery. Any allocation of future funding would be based on: alignment with regional recovery priorities (as per the regional framework) and needs analysis.

This direction reinforces that recovery for our communities will be enabled by both regional and local/sub-regional leadership.

Councillors also acknowledged at the workshop that given the dynamic landscape, the second wave of infection, and the high level of current stimulus, there is a need let the landscape settle before making any additional investment decisions at this time.

At Annual Plan deliberations, requests for funding from Toi EDA and additional funding for Toi Kai Rawa were deferred for consideration as part of regional recovery. Given the rationale above, it is recommended that any further funding decisions are deferred to the Long Term Plan so that they may be assessed against other regional priorities.

Note - any future additional funding is dependent on the development of the LTP and the financial framework review. There is also a separate LTP paper addressing further Climate Change direction.

3. Considerations

3.1 Risks and Mitigations

Uncertainties for the project have been described in section 2.1, a key mitigation for these uncertainties is to not commit any future funding while this uncertainty exists.

Associated risks are: over committing Council capacity, investing in projects with no lasting environmental benefits, and crowding into the space of other agencies. The recommended direction of this report is to avoid these risks.

3.2 Climate Change

The Climate Change Commission has recommended that recovery is used as an opportunity to kick start transition and adaptation planning for climate change. The residents’ survey also indicated strong support for climate change initiatives as part of recovery.

The implementation of the Recovery project makes a positive contribution to adaptation and the priority ‘ensuring the region is adapting to a changing climate’ through stimulus projects such as the Rangitāiki Floodway.

The project also provides potential for contributing to the priority ‘helping facilitate the transition to a low carbon economy’ through making using any future investment into feasibility studies or pilot projects based on: low emissions, energy efficiency, and waste/circularity. Operationally, recovery activity planning has by definition been ‘low carbon’ through the use of Zoom as a platform for meeting, as opposed to travel.

The Regional Recovery Framework includes transition to a low carbon economy as one of its objectives.

3.3 Implications for Māori

The project has implications for and effects on Māori. Council staff have worked with a number of Iwi supporting stimulus bids and Iwi have been successful in receiving stimulus funding for projects. Iwi are leading their own initiatives and are mobilised around recovery. Council is also supporting Māori Economic Development through the development agency Toi Kai Rawa. Moreover, there is the emerging opportunity around collective Iwi leadership.

Māori are predicted to be particularly impacted by COVID job losses due to employment in the tourism industry. Central government stimulus project contracting is featuring procurement requirements that reflect this reality.

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

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

4. Conclusions

· The recovery landscape is particularly dynamic and uncertain. Particularly, with the resurgence of the virus, the upcoming election, and the smorgasbord of players and funds involved.

· Recovery for our communities will be enabled by both regional and local/sub-regional leadership.

· Regional Council has had success in a number of stimulus projects that advance co-benefits that align to our community outcomes (e.g. biosecurity, flood protection). Given this success and that our teams are at capacity delivering, Council should focus on delivering this stimulus well and supporting others, rather than over stretch.

· The digital dashboard has potential to demonstrate where recovery project jobs are being created and the pipeline over time. The RSLG support team have expressed interest in taking this work further, drawing on the support and resources of RSLG members to help map labour demand with supply (e.g. job seekers, tertiary providers).

· Bay of Connections’ niche is to advance tactical projects of long-term regional benefit. The operational team is back to full capacity and working with the BOC Leadership Group on delivering an agreed portfolio of projects aligned to the key focus areas. BOC continues to support regional data needs and provides updates to key stakeholders through the Data Group, BOC newsletter and periodic media releases.

· Given the fiscal constraints of the current environment, if any new or reprioritised funding is made available through the development of the Long Term Plan, then this should support regional priorities.

5. Next Steps

· For the BOPRC work programme, next steps include finalising contracts for a number of the stimulus projects, supporting other parties in their applications, ongoing discussions on the future shape of recovery leadership and Council support for this, and discussions on the future use of the dashboard in ‘pipeline planning’. The programme has reached a natural point of maturity and embedding into Council work. Future reporting on regional economic activity will be to the Strategy and Policy Committee.

· Bay of Connections is focussed on further developing current projects (waste minimisation, cycle trails and capital investment), supporting the RSLG and other stakeholders with data requirements, and facilitating the transfer of the recovery project dashboard to the RSLG to assist workforce planning across the region.

· At the Long Term Plan workshop on 6 and 7 October, Councillors will be asked to provide direction regarding goals and levels of funding for the range of Council activities. This is the mechanism to give effect to direction on the future the impact of the project. Refer to workshop papers for further details.



Report To:	Regional Council
Meeting Date:	30 September 2020
Report Writer:	Mark Townsend, Engineering Manager
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	Gain approval to add Suppliers to an existing panel contract

Additions to Engineering Services Panel Contract - Part 1

Executive Summary

In 2015/16 Council established panel supplier contracts to enable the efficient delivery of suitably qualified and experienced suppliers under various panel categories.

Starting in December 2019 the vast majority of these “Supplier Panels” were renewed for the existing Suppliers for a further 3 years.

Over the first three year term it was apparent that there were not enough suppliers in some of the categories. It was proposed to go back to the market to secure more suppliers in 2020.

This year we advertised for tenders for new suppliers to add to the panels. A larger number of tenders were received than was expected and in response staff now wish to gain council approval to add suppliers to the panel in two parts as follows:

· Part 1: Evaluate and recommend the known Suppliers in the categories that are needed right now.

· Part 2: Evaluate and recommend the tenders not included in Part 1 (to be evaluated over the next 3 months).

Recommendations

That the Regional Council:

1 Receives the report, Additions to Engineering Services Panel Contract - Part 1.

2 Approves the Part 1 additions to the Engineering Services Panel Contract as recommended and delegates to the Chief Executive the authority to execute new contracts for the Suppliers.

1. Introduction

In 2015/16 the Engineering Department undertook an improvement to its consultancy contracts. Due to the repetitive nature and volume of projects, the method of sourcing on a job-by-job basis was deemed inefficient.

Council established panel supplier contracts to enable the efficient delivery of suitably qualified and experienced suppliers under various panel categories.

Sixteen “Supplier Panels” were established for the different types of engineering consultancy works to be carried out, as set out in the Long Term Plan 2015-2025. A number of suppliers were appointed for each panel to cover the volume and scale of works. The suppliers were then engaged on a job by job basis, with work being allocated to each supplier under a secondary procurement criterion.

Starting in December 2019 the vast majority of these “Supplier Panels” were renewed for the existing Suppliers for a further 3 years.

Over the first three year term it was apparent that there were not enough suppliers in some of the categories. It was proposed to go back to the market to secure more suppliers in 2020.

The categories identified as needing additional suppliers were:

· Flood Management

· Geotechnical Engineering

· Engineering Design

· Project Management

· Consent Planning

· Engineering Technical Reviews of Resource Consents

1.1 Alignment with Strategic Framework

The Way We Work

We use robust information, science and technology.

Engagement of suitable Suppliers satisfies the above outcome.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

þ Cultural

Low - Positive

þ Social

Low - Positive

þ Economic

Low - Positive

This is highly dependent on the work assigned to each Supplier.

2. Request for Proposals – Engineering Services Panel Contract

2.1 Tender Evaluation

Tenders have now been received from 58 different Suppliers covering some or all of the above categories. This number of responses far exceeded the expected number. Given the large volume of work the Engineering Team is managing for Council there is a need to progress the addition of some of the Suppliers as their capabilities are known and needed quickly.

It was therefore proposed to progress the tender evaluation in two parts as follows:

Part 1: Evaluate the known Suppliers in the categories that are needed right now; and

Part 2: Evaluate the tenders not included in Part 1 (to be evaluated over the next 3 months)

2.2 Recommendation of Suppliers to be added to the Engineering Services Panel Contract – Part 1

Following evaluation by the Evaluation Team the following Suppliers have been recommended:

· Flood Management – Chapman Consulting, RiverSpace Ltd

· Geotechnical Engineering – Damwatch Engineering Ltd, Riley Consultants, ENGEO Ltd

· Engineering Design – Professional Management Services 2009 Ltd, Norconsult NZ Ltd, RiverSpace Ltd, Pattle Delamore Partners Ltd

· Project & Contract Management – Chapman Consulting Ltd, Professional Management Services 2009 Ltd, Aqueus Consulting Ltd, Jacana Consulting Ltd, , RiverSpace Ltd, Pattle Delamore Partners Ltd

· Consent Planning – GHD

· Engineering Technical Reviews of Resource Consents - RiverSpace Ltd

3. Considerations

3.1 Risks and Mitigations

There are no significant risks associated with this matter/subject/project/initiative.

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

There are no apparent implications for Māori as a result of the recommendations.

3.4 Community Engagement

It is considered that know Community Engagement is required to support the recommendations.

3.5 Financial Implications

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

4. Next Steps

As stated above there will need to be a Part 2 tender evaluation to assess the remaining tenders in all 6 categories. Once this has been concluded another paper will be brought to Council with further recommended additions to the Engineering Services Panel Contract.



Report To:	Regional Council
Meeting Date:	30 September 2020
Report Writer:	Lisa Power, Senior Planner
Report Authoriser:	Namouta Poutasi, General Manager, Strategy & Science
Purpose:	This report details how the Biosecurity Act 1993 requirements for RPMP development have been met and presents staff recommendations on the submissions received on the proposed RPMP.

Regional Pest Management Plan

Executive Summary

The Regional Pest Management Plan (RPMP) is the key policy document that sets out how pests in our region will be managed. The existing RPMP no longer meets legislative requirements and no longer reflects the pest management landscape in our region.

The proposed RPMP was notified in September 2018 and 56 submissions were received. Since then staff have been working through, understanding and resolving submission points with submitters.

Staff recommendations are set out in the supporting document titled Proposed Regional Pest Management Plan Staff Recommendations (‘staff report’). The staff report shows how each submission point has been considered and reflects direction provided by Councillors at Council workshops on 13 November 2019 and 3 September 2020. A redline strikeout version of the RPMP is provided as a supporting document titled Amended Regional Pest Management Plan and shows how staff recommendations would look if approved by Council. Key aspects of these recommendations and the RPMP development process have been legally reviewed.

The RPMP has been developed in accordance with the Biosecurity Act 1993. This Act requires a number of steps and decisions Council must take in developing a RPMP. This report and the decision making documentation attached to this report align with these requirements.

Staff now seek approval of the staff recommendations on submissions and recommend Council adopts the Proposed Regional Pest Management Plan.

Recommendations

That the Regional Council:

1 Receives the report, Regional Pest Management Plan.

2 Determines that it is satisfied that the consultation that has taken place in relation to the Regional Pest Management Plan 2020-2030 complies with s72(1) of the Biosecurity Act 1993.

3 Approves the preparation of the final Regional Pest Management Plan, as amended following consideration of submissions, in accordance with s73 of the Biosecurity Act 1993.

4 Determines under section 100(1) of the Biosecurity Act 1993 that the Bay of Plenty Regional Council is the management agency for the Regional Pest Management Plan 2020-2030.

5 Determines under section 100T of the Biosecurity Act 1993 that the Regional Pest Management Plan 2020-2030 will be funded by general rates.

6 Determines that it is satisfied that the contents of the Regional Pest Management Plan 2020-2030 meet the requirements of section 74 of the Biosecurity Act 1993.

7 Adopts the agenda report, Supporting Document Proposed Regional Pest Management Plan Staff Recommendations and Supporting Document Amended Regional Pest Management Plan as Bay of Plenty Regional Council’s report and approves it for submitter and public notification under section 75 of the Biosecurity Act 1993.

8 Delegates to the General Manager, Strategy and Science, the authority to make any necessary formatting, typographical and administrative changes prior to public notification.

9 Authorises the Chief Executive to make the Regional Pest Management Plan 2020-2030 by affixing the seal of the Regional Council in accordance with section 77 of the Biosecurity Act 1993, provided no application is made to the Environment Court under section 76 of the Biosecurity Act 1993.

1. Introduction

The Biosecurity Act 1993 requires regional councils to ‘provide regional leadership in pest management’. The existing RPMP for the Bay of Plenty 2011-2016 sets out how pests would be managed in the Bay of Plenty region. As previously reported to Council, this existing plan no longer meets legislative requirements and no longer reflects the pest management landscape in our region. Attachment One: Council Decisions details Council decisions made up to this point that support development of the proposed RPMP.

Recent legislative amendments require every pest specified in an RPMP to be subject to one or more of the following programmes:

Exclusion - prevent the establishment of a pest, which is present in New Zealand but not yet established in an area or region

Eradication - reduce the infestation level of a pest to zero levels over the lifetime of the plan

Progressive Containment - contain or reduce the geographic distribution of a pest over the lifetime of the plan

Sustained control - ongoing control of a pest to reduce its impacts on values and spread to other properties

Protecting values in places (Site-led) - a pest that is capable of causing damage to a place is excluded or eradicated from that place, or is contained, reduced or controlled within the place to an extent that protects the values of that place.

Central to the development of this RPMP is consideration of what pests to include, what level of management is required (for example which pest programme a pest should sit within) and who is responsible for their management. These decisions are guided by cost benefit analyses, national policy direction criteria, available funding, the ability to manage the pests and community appetite for these pests to be managed.

The RPMP also includes an additional category of ‘Advisory’ pests. These pests do not meet the legislative thresholds to be included in the above pest management programmes and therefore they are not subject to provisions in the RPMP but are still considered part of the region’s biosecurity framework.

1.1 Legislative Framework

The Biosecurity Act 1993 (sections 70 to 75) requires specific sequential steps to be undertaken before a RPMP can come into effect. It is important that Councillors give due consideration to each step and address each in a separate resolution.

Attachment Two: RPMP Development Steps summarises the decision points (including completed and pending) required to ‘make’ the next RPMP and shows how the requirements of sections 70, 71 and 72 have already been complied with.

Regional Direction and Delivery Committee was satisfied there had been sufficient consultation as at 11 December 2018. A reasonable period of time has now passed since then. This is not entirely uncommon with planning processes and 2020 has been a difficult year to progress matters. Further consultation with key stakeholders Fish & Game and Lakes Water Quality Society has taken place since 2018 and this is positive given these parties present the highest appeal risk. However, for the avoidance of doubt Council should reconfirm the sufficiency of the consultation undertaken (section 72).

This report documents how sections 73 and 74 requirements have been complied with through Attachment Three: Meeting the Requirements of the Biosecurity Act.

Once Council is ‘satisfied’ of these matters it must give decisions on the plan required by section 75. All submitters must be notified of the decisions made on their submission and are able to appeal within 15 working days of notification.

1.2 Alignment with Strategic Framework

A Healthy Environment

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

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

The RPMP provides descriptions of individual pests along with the adverse effects to be managed. It identifies whether each pest has an effect on environmental, production or public values. This strongly correlates to the four well-beings and has been at the forefront of decision-making when considering which pests to include in the RPMP and what level of management is required.

2. Summary of Submissions

The proposed RPMP was publicly notified on 25 September 2018 with submissions closing on 6 November 2018 (late submissions were accepted). A total of 56 submissions were received including submissions in support and submissions requesting amendments. Submissions are available on the Council’s website.

Hearings are not compulsory under the Biosecurity Act 1993 and in accordance with the consultation and engagement plan approved by Council on 6 September 2018, no formal hearings were held. As an alternative, staff contacted each submitter by phone or email to offer the opportunity to discuss their submission. Meetings were held with those submitters who wanted to discuss their submission in more detail.

Staff have previously reported the common themes of submissions to Councillors (Regional Direction and Delivery Committee meeting, 11 December 2018 and Council workshop, 13 November 2019).

To recap, there was a public perception that Council was stepping back from its duty and managing or requiring management of fewer pests. Other key submission themes included:

• include additional pests in the RPMP such as pathogens, plant, animal and marine pests;

• concern that pests listed in the proposed RPMP Appendix 1 were not subject to RPMP provisions, such as the generic rules;

• general support for marine pest rules;

• requests to include ‘good neighbour’ and ‘site-led’ rules;

• mixed support for geographically split programmes, for example pests belonging to different programmes in different parts of the region;

• requests for programme changes (in most cases submitters wanted a higher level of pest management intervention)

• high interest in woolly nightshade, ginger, pampas, wild kiwifruit and wallabies;

• questions about Councils’ role in managing some pests that are subject to other regulations;

• request for an additional rule to ensure boats entering lakes are clean.

Each submission point is considered through the staff report.

3. Staff recommendations

The staff report demonstrates how all issues raised through submissions have been considered.

The staff report acknowledges submission points in support as ‘comment noted’. Where submissions points have been accepted or accepted in part, changes have been made to the RPMP. Unfortunately the database used to compile the staff report has limited formatting capability and staff were unable to italicise or use redline/strikeout to show recommended amendments to the RPMP.

3.1 Key changes following Council workshops

Direction provided at Council workshops on 13 November 2019 and 3 September 2020 is reflected in staff recommendations and summarised below.

Pest specific changes

· Include Marshwort (Exclusion), Climbing Asparagus and Reed Sweet Grass (Sustained Control) in the RPMP.

· Exclude all other pests requested for inclusion by submitters.

Cost benefit analyses were carried out on all the species that submitters requested be added to the RPMP. In most cases the costs to manage these pests outweigh benefits or there is another lead agency with responsibility to manage the pest.

· Add a number of species to the “Advisory” pest list.

These pests are African club moss, Bears breeches, Beggars tick, Butterfly bush, Californian bulrush, Canna lily, Cape ivy, False Acacia, Firethorn, Male fern, Feather grass, Montbretia, Mouse ear hawkweed, Palm grass, Phoenix palm, Rice paper plant, Tutsan and Hedgehogs.

· Retain notified pest programmes for specific pests including woolly nightshade, wild ginger and freshwater plant programmes.

· Change the pest fish programmes to ensure pest fish are progressively contained or eradicated where they exist and are excluded from waterways where they do not already exist.

· Change the proposed programme changes for wild kiwifruit to progressive containment across the region rather than a sub-regional split of progressive containment and sustained control.

This change can only be supported as Kiwifruit Vine Health (KVH) have committed extra funding to support a higher level of management. Staff are progressing an MOU with KVH to formalise this agreement.

· Add additional wilding conifer species into the progressive containment programme.

Scots pine, Dwarf mountain pine, Mountain pine and European larch have been added to the progressive containment programme. These four species have little commercial value and so requiring their removal will have minimal commercial impact to the occupier.

The other wilding conifer species still have commercial value so there will potentially be ongoing seed sources from production forestry that need to be managed in perpetuity. The true distribution of both production stands and wilding issues is unknown as is the cost to manage them. Without investment from central government Council is unlikely to be resourced to meet RPMP progressive containment objectives.

· Include a split programme of progressive containment and eradication to manage wallabies as shown in the Map 1.

A split programme reflects Council’s actual management approach with increased efforts to manage wallabies outside the core infestation area.

Map 1: showing Progressive Containment and Eradication Programme boundaries for wallabies

Rule structure

· Provide submitters with a detailed explanation as to how the rules in the RPMP support a good neighbour approach.

Staff have developed an explanation, Attachment 4: Response for submitters requesting Good Neighbour rules to be included in the RPMP, and used this as the staff response to relevant submission points.

Other

· Include references to climate change in the Strategic Direction section of the RPMP.

· Add ‘working in partnerships’ to Table 7 Management Regime for the Progressive Containment Programme in the RPMP.

3.1.1 Telling the Biosecurity story

In addition to the specific changes outlined above, Councillors wanted the RPMP to tell a clearer ‘biosecurity story’ so the regional community could better understand who does what to manage pests and how Council contributes to pest management initiatives led by other agencies.

As acknowledged in Section 2.1.2 of the RPMP, an effective biosecurity framework works at both a regional and a national level.

At the national level, central government is responsible for preventing pests from entering New Zealand and then coordinates or implements incursion management in some instances. Text explaining this role has been added to the RPMP (page 10 of the RPMP).

At a regional level, Council’s role in managing pests that have reached New Zealand or our region is set out in the Strategic Direction section of the RPMP (pp1-2). Staff have developed the following table which sets out clearly how (at the time of writing) Council is delivering this strategic direction. This table will be included as an appendix in the RPMP.

Strategic direction	Council delivers this by . . .
Prevent pests entering and establishing in the Bay of Plenty.	· *National Pest Plant Accord.* Monitoring of nurseries, garden centres and florists throughout the region looking for pest plants that are listed in the RPMP or in the Pest Plant Accord^{^[1]}. · *Support Biosecurity New Zealand with ‘new-to-New Zealand’ pest incursions. Council (along with other Regional and Unitary Councils’) is party to a Memorandum of Understanding with Biosecurity New Zealand to provide incursion response services in the event of a ‘new-to-New Zealand’ pest incursion such as Queensland fruit fly or brown marmorated stink bug. · Surveillance for ‘new-to-region’ pests.* Proactive surveillance of high risk sites such as old garden centres, transfer stations, road laybys to allow early detection of new pests and naturalisations. · *National interest pest responses. Support Biosecurity New Zealand with surveillance for and the eradication of any ‘National Interest Pests’^{^[2]} detected in the region e.g., cape tulip, salvina. · Check, clean, dry.* With support from Biosecurity New Zealand, implement an education and behavioural change programme over the summer months to prevent risk behaviours that may spread aquatic pests such as didymo and hornwort^{^[3]}.
Manage pests when it is practical and cost effective to do so, using Council’s regulatory and/or operational roles.	· *Regional Pest Management Plan.* Implementation of the Regional Pest Management Plan as reported annually.
Support the efforts of landowner/occupiers and communities to manage established pests and prevent pest spread.	· *Environmental Programmes (supporting biodiversity on private land).* Advice, funding and support provided to landowners to control pests where they threaten biodiversity sites on private land under Council’s Environmental Programmes Grants Policy. · *Advisory Services.* Advice provided to landowners and community groups on how to control Advisory Pests. · *Pest Plant Biocontrol.* Biocontrol agents are released and spread to assist their establishment and impact on pest plants. · *Predator Free 2050.* Advice and support on possum, rodent and mustelid control provided to community Care Groups and landowners participating in Predator Free 2050 initiatives. · *Community Care Groups.* Advice, funding and support given to community Care Groups to control pests that are impacting on sites of community value through Council’s Care Group and Environmental Enhancement Fund programmes.
Work in partnership with other parties that have pest management responsibilities and interests.	· *Tauranga Moana Biosecurity Capital.* Council is a founding member of the biosecurity “coalition of the willing”. A broad collaboration between iwi, community groups, industries, businesses, agencies, educators, scientists and others striving to protect the Bay of Plenty from new pest incursions and minimise the impact of pests already here. · *Kauri dieback.* Council works with the Department of Conservation and Biosecurity New Zealand to monitor for kauri dieback disease. · *Kiwifruit Industry.* Council partners with the kiwifruit industry, through Kiwifruit Vine Health, to control wild kiwifruit within the Bay of Plenty region. · *Catfish Killas.* Council partners with Te Arawa Lakes Trust to educate and encourage active participation by our communities in protecting the Te Arawa Rotorua Lakes from the impacts of aquatic pests. · *Manaaki Kaimai Mamaku Forests* Council is partnering with Department of Conservation, Waikato Regional Council, Iwi and community groups to improve the health of the Kaimai / Mamaku forests by controlling pests. · *National Wilding Pines Programme* Council is partnering with Biosecurity New Zealand, Hawkes Bay Regional Council, Department of Conservation, iwi and landowners to control wilding pines in the upper Rangitāiki Catchment. · *National Wallaby Programme* Council is partnering with Biosecurity New Zealand, Waikato Regional Council, Department of Conservation and Te Arawa Lakes Trust to manage dama wallabies in the central North Island. · *Top of the North Marine Biosecurity Partnership* Council partners with Northland Regional Council, Auckland Council, Waikato Regional Council, Gisborne District Council, Hawkes Bay Regional Council, Biosecurity New Zealand and Department of Conservation to improve the management and prevent the spread of marine pests in the upper North Island.

Staff are also implementing other measures to increase community understanding of pests and how they can be managed to coincide with the RPMP being adopted:

• A new Pest Hub website resource will be launched, similar to the one initiated by Northland Regional Council and also used by Otago Regional Council. It provides in-depth information and advice on over 150 species, incorporating pests managed by rules in the RPMP and advisory species. Community pest enquiries received by council often relate to advisory pests, therefore expanding the level of information and advice provided will enable the community to take an active role in the control and management of established pests within the region.

• A RPMP user guide will be developed to provide an easy to understand version of the RPMP, including the rules and responsibilities, for landowners and the community. This will ensure information is available on advisory pest species not included within the RPMP.

3.2 Other key changes to the RPMP as a result of submissions

Pest fish

Fish and Game have opposed the inclusion of trench and perch in the RPMP on the basis these species are classified as sports fish and are protected by the Conservation Act 1987. Fish and Game considers that inclusion in the RPMP is inconsistent with the Conservation Act 1987 and Freshwater Fisheries Regulations 1983.

This was a contentious issue and it carries with it a risk of appeal should these pests be included.

To address Fish and Game concerns regarding conflict with the Conservation Act 1987, staff have added text to the RPMP which acknowledges various legislation and regulations apply to the management of sports fish and that the rules in the RPMP are subject to the Conservation Act 1987 and Freshwater Fisheries Regulations 1983. (Section 2.2.5 and Tables 5 and 7, RPMP). Definitions of perch and trench have also been added to clarify these fish will only be subject to RPMP management provisions where their presence is due to a breach of the Conservation Act 1987 and Freshwater Fisheries Regulations 1983.

Staff have had ongoing discussions with Fish and Game and are now confident these changes address Fish and Game concerns.

Links with other pest management policy or initiatives

Concern was raised through the submission process that removing pests from the existing RPMP will remove the requirement for landowners to manage them under existing permitted activities, protection covenants or consent conditions. This has been clarified in the RPMP under Unwanted Organisms (page 22, RPMP).

Submitters queried how Council would manage pests not listed in the RPMP as they were not deemed a pest and/or the extent of spread was unknown at the time of RPMP development. Text has been added to explain that Council retains an ability to develop small scale eradication or control programmes under the Biosecurity Act 1993 for unwanted organisms which are not listed in the RPMP (page 22, RPMP).

The RPMP has been updated to include references to National Pest Management Plans in operation or currently being developed (page 12-13, RPMP).

3.3 Changes to the pest management landscape since notification

Funding

The allocation of costs has been updated to reflect recent funding decisions. See Table 14: Allocation of costs for each programme (page 77, RPMP).

Council considered funding implications at its workshop on 13 November 2019. While the current budget of $2.3M would be adequate to move the region towards the pest management outcomes of the RPMP, it was agreed that level of funding was inadequate to deliver a RPMP that incorporates the staff recommendations arising from the submission process.

Council supported an option that provides additional funding to support increased effort on wallabies, freshwater pest compliance, capability-building for Maori land owners including initial control work (on problematic Maori land), community initiatives and a stronger focus on improving compliance along property boundaries in Western Bay of Plenty.

This direction on funding and resourcing levels will guide RPMP planning and operational decisions and the next Long Term Plan and is reflected in the 2020/21 Annual Plan.

Pest Management Agreements

The proposed RPMP allowed for pest management agreements whereby an occupier and BOPRC can negotiate a process to remove progressive containment pests. Staff have added this provision to Rules 4 and 5 that manage sustained control pests. Instances where a written agreement might be a better approach to manage a given pest are the same whether the pest sits within a progressive containment or a sustained control programme.

Pest status

Staff recommend that water poppy be changed from an exclusion to eradication programme as it is now known that there is a site in this region.

Kauri dieback

When the RPMP was being developed, a National Pest Management Plan was being developed to manage kauri dieback. Despite this, at this stage no government funding has been committed for implementing this plan.

Council has a role to play in supporting lead agencies to manage national pests. This is supported by our strategic direction and kauri dieback is included in the RPMP as an advisory pest. Kauri dieback has been declared by government an ‘unwanted organism’ and is subject to the relevant provisions under the Biosecurity Act.

The majority of natural kauri in the Bay of Plenty is on Department of Conservation estate. Council staff currently do random soil testing for kauri dieback and engage with landowners who have kauri stands on their private property, encouraging them to fence off the Kauri from known vectors of spread.

The landscape for managing and funding kauri dieback has now changed. Northland Regional Council is now seeking support for a regionally led programme for kauri dieback. At its 3 September 2020 workshop, Councillors supported Bay of Plenty’s involvement in this initiative that includes Auckland City Council, Northland and Waikato Regional Councils.

3.4 Minor changes

For ease of navigation, there have been minor changes made to the format of the RPMP. Some of these changes were suggested through submissions and others through plan user experiences. The RPMP development overview has been removed from the RPMP as the document nears an operative status.

Staff have committed through submission responses that interactive maps (that clarify what programmes apply to individual properties) and current MOUs with pest management stakeholders will be made available on the BOPRC’s website.

The supporting document that accompanied the proposed RPMP at notification, Regional Pest Management Plan for the Bay of Plenty Region: Meeting the Biosecurity Act requirements will also be updated to reflect recent funding changes to manage wild kiwifruit. Additional cost benefit analyses undertaken as a result of consultation will be added as an addendum to this supporting document.

4. Considerations

4.1 Risks and Mitigations

Staff consider there are foreseeable risks associated with ‘making’ the RPMP operative:

1. New pest incursions or an unexpected pest spread which may make the RPMP outdated.

Staff comment: This risk is mitigated through increased surveillance. In the case of new pest incursions there are provisions to manage new pests through Biosecurity Act 1993 provisions. Pest spread will also become evident through Council surveillance and monitoring programmes.

2. Appeals on Council decisions made on submissions.

Staff comment: The risk of submitters appealing decisions on the RPMP has been mitigated through ongoing conversations with submitters. In some cases there have been a number of meetings to reach an agreed approach. The draft plan was subject to an internal legal review prior to consultation and legal advice was obtained on the areas considered to be of most risk of appeal, including in particular the inclusion of sports fish in the programmes.

3. If decisions on the RPMP are not made.

Staff Comment: If decisions on the RPMP are not made, there will be delays in new rules (especially those that manage marine and freshwater pests) coming into effect. Unlike the Resource Management Act, the rules as proposed have no legal weighting until the RPMP is ‘made’. This risk has been mitigated through Council workshops that have enabled robust consideration of pest management issues.

4.2 Climate Change

It is generally acknowledged that climate change is a contributing factor to pest incursions and spread and this is reflected in the reference made to climate change in the Strategic Direction section of the RPMP. It is difficult however to quantify the extent of this impact.

The Biosecurity Act 1993 does not require that climate change is considered in the RPMP policy development process. This may change through the current Biosecurity Act reform.

4.3 Implications for Māori

Working with Māori is an important part of any policy development process. The strategic direction within the RPMP supports Māori pest management objectives. Staff are committed to building on and furthering pest management relationships with Māori.

There is an increasing desire by Māori to be actively involved in pest management. Our partnership with Te Arawa Lakes Trust is a leading example of working with iwi to manage pests. Council has also supported iwi-led initiatives exploring the management of Asian paddle crabs in Tauranga Moana.

Pest management is at the forefront of Council’s work with Māori across the region to better utilise Māori land and interests.

4.4 Community Engagement

Consultation and community engagement has been a significant part of the RPMP development and Council is required to confirm it has satisfied legislative requirements with regards to consultation (See section 1.1 of this report).

4.5 Financial Implications

There are no material unbudgeted financial implications from developing this RPMP and it fits within the allocated budget.

5. Next Steps

As shown in Attachment Two: RPMP Development Steps, ‘making’ the next RPMP is nearing its final steps.

Once Council is satisfied that content and requirements of the RPMP comply with the Biosecurity Act 1993 and Council has made the final decision on adopting this RPMP, all submitters will receive Council’s reasons for accepting or rejecting submissions. Council must also give public notice of decisions on the RPMP.

Submitters can appeal Council’s decisions to the Environment Court within 15 days of that public notice. The Biosecurity Act 1993 outlines the steps that must be taken if appeals are received. Staff would report back to Council in this instance.

An operational plan to support implementation of this RPMP must then be developed within three months of the commencement of the RPMP (Section 100B, Biosecurity Act 1993). In anticipation of the RPMP being approved development of BOPRC’s operational plan has started.

Attachments

Attachment 1 - Council Decisions during Development of RPMP ⇩

Attachment 2 - Development Steps to make an RPMP ⇩

Attachment 3 - Meeting the Requirements of the Biosecurity Act ⇩

Attachment 4 - Response to submitters requesting Good Neighbour rules ⇩

Supporting Document 1 - Regional Pest Management Plan Staff Recommendations ('Staff Report") ⇩

Supporting Document 2 - Amended Regional Pest Management Plan ⇩



Report To:	Regional Council
Meeting Date:	30 September 2020
Report Writer:	Annabel Chappell, Te Tuara Manager and Kirsty Brown, Rivers and Drainage Assets Manager
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	To inform Council of an insurance review that is being carried out and to seek approval of the 2020/2021 insurance renewal process.

Insurance Review

Executive Summary

Since 2009 Council has procured its insurance policies through the Bay of Plenty Shared Services Ltd (BOPLASS) joint procurement forum. This joint procurement provides benefits to Council which includes a more attractive insurance programme for insurance underwriters, and has resulted in reduced premium costs.

Market conditions, flood events and asset revaluations have triggered steady increases in the premium for infrastructure insurance cover over the past few years. A review of infrastructure insurance is being carried out to look at ways of reducing the annual premium costs for Council.

The 2020/2021 renewal process is underway and approval is sought for the payment process for this year’s premium.

Recommendations

That the Regional Council:

1 Receives the report, Insurance Review.

2 Delegates to the Chief Executive authority to approve and pay the 2020/2021 annual insurance premiums.

1. Introduction

In 2008 the BOPLASS insurance forum was established, and in 2009 the forum carried out a joint procurement process to engage insurance brokers to manage the respective BOPLASS Councils’ insurance programmes. As a result of this process Aon was appointed as the BOPLASS insurance forum’s brokers. Subsequent brokerage procurement processes have been carried out in 2015 and 2020, and in both instances Aon’s proposal was successful.

One of the benefits Aon has for BOPLASS is that they now represent approximately 70 Councils within New Zealand. This large Council client base means they have an in-depth understanding of the unique insurance requirements and issues for Councils, particularly in the liability and infrastructure insurance areas.

Aon’s services include:

• presenting the Group’s insurance programme to the insurance market,

• providing advice on policy options and suitable providers,

• providing advice on insurance market conditions,

• providing advice on risk exposures,

• providing training courses for Council staff, and

• managing insurance claims.

In providing these services Aon must act solely in the interests of the BOPLASS Group Councils.

As reported in December 2019, market conditions continue to harden as a result of international events, resulting in increasing premium costs. The insurance category that has been most impacted by global events is the infrastructure insurance. A review of our infrastructure insurance arrangements is being undertaken to identify opportunities to reduce the annual premium.

1.1 Alignment with Strategic Framework

Safe and Resilient Communities	We support community safety through flood protection and navigation safety.
The Way We Work	We deliver value to our ratepayers and our customers.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

þ Cultural

Medium - Positive

þ Social

Medium - Positive

þ Economic

Medium - Positive

Floods are New Zealand’s most regular and significant natural hazard. Our river and drainage schemes provides flood protection and land drainage to some of the most productive land and inhabited areas in the region. Flood protection infrastructure provides assurance to the region’s economy and local communities.

Our river and drainage schemes provide important, long term infrastructure which supports our community by protecting people, property and livelihoods from flooding and land drainage issues. This is vital to our community’s wellbeing.

2. Current Market Conditions

International natural disasters in 2017 and 2018 (and since) such as hurricanes Harvey, Irma, Maria and Dorian, have driven a hardening of the global insurance market and increased the rating pressure over the past couple of years. This has meant that insurance rates for natural disaster insurance programmes have increased globally. Underwriters are increasingly aware of the impacts, particularly around frequency events (such as flood), and are cautious of taking on these risks.

The biggest claim under the infrastructure insurance programme to date across all Councils is our April 2017 flood event, followed by the Grey District Council barrage damage, Waikato Regional Council stopbank damage and stopbank damage for the West Coast Regional Council. All of these nationwide events are in relation to flooding which is at the forefront of insurer’s minds and has impacted their risk tolerance, and subsequently, our premium.

The COVID-19 event has also exacerbated market pressure with an estimated $104 billion in COVID-19 related business interruption losses in the US and UK markets. These losses have led to underwriters reducing their capacity and in some cases exiting from the market. The subsequent reduction in market capacity has resulted in further price increases with Quarter 2 sustaining average price increase between 11% and 30% globally.

Because of the significant financial impact of COVID-19 on all sectors of the New Zealand economy including Local Government, New Zealand insurance companies are doing all they can to compensate for the global pricing pressure and are looking to keep domestic premium increases as low as possible. This is good news for the majority of our insurance policies, but does not mitigate the potential price increases for our infrastructure insurance premium, as this insurance is procured in the international markets rather than in New Zealand.

3. 2020/21 Renewal

As well as market conditions driving premium costs up, there has also been an increase in our rivers and drainage asset values which also impacts the premium. The increases in assets value are due to:

· Increased construction costs.

· Creation of new assets and betterment to existing assets through the April 2017 Flood Repair Project.

· Significant Long Term Plan/Annual Plan capital works programme.

· Improved asset data.

Based on learnings from the April 2017 Flood event, our 2019/2020 insurance cover was increased to allow for repair costs over and above individual asset values, e.g. site preparation works, demolition, debris removal, access tracks and land reinstatement.

The below table shows the increase in Rivers and Drainage insurance asset value and insurance premiums over the past four years for our five major rivers and drainage schemes.

	2016/2017	2017/2018	2018/2019	2019/2020
Infrastructure annual premiums	$185,000	$390,000	$468,000	$782,000
Insurance asset replacement value (rounded)	$120,800,000	$227,760,000	$313,100,000	$460,000,000

Aon have indicated that a premium increase of at least 15% is likely for the 2020/2021 renewal. During the past year insurance asset values have further increased from $460 million to $480 million (annual asset value plus percentage for site preparation costs as explained above). On this basis the premium for the current annual review could be close to $1 million.

Due to the steady increase in infrastructure insurance premiums over the years and the likelihood this pattern will continue, a review of how we insure our flood protection and drainage assets is being undertaken. Pending the outcome of this review, we have asked Aon to obtain premium quotes for the 2020/2021 renewal on the basis of our historical approach of insuring all assets, as well exploring the options of increasing the deductable, or reducing the loss limit to see which of these options has the most impact on reducing the premium before we place the insurance cover.

Aon is also looking into the possibility of excluding the estimated cost of site preparation works, demolition, debris removal, access tracks and land reinstatement from individual asset values, and instead insuring these costs as a sub-limited amount on the valuation schedule. This would ring-fence these costs for any one claim and reduce the insurance value of the assets, which should in turn reduce the premium.

The timeframe for receiving quotes and placing insurance cover is very tight, with only a two week period between quotes being available and the insurance cover needing to be placed. Approval is therefore sought to delegate to the Chief Executive the authority to choose the best insurance cover placement option for the 2020/2021 renewal and approve payment of the annual insurance premiums.

4. Infrastructure Insurance Review

4.1 Current Arrangements

Local authorities have an arrangement with central government where in the event of a natural disaster, central government will pay up to 60% of repair costs for essential infrastructure. This arrangement is conditional on the local authority being able to show that the damaged assets had been properly maintained and that the local authority can meet the remaining 40% through other means e.g. by setting aside reserves or insurance.

The Bay of Plenty Local Authority Shared Services Ltd (BOPLASS) joint insurance procurement forum obtains cover for the 40% local authority share from the international insurance markets, as there is not enough capacity for cover within the New Zealand market. It covers Council’s flood protection and drainage assets for damage caused by earthquake, natural landslip, flood, tsunami, tornado, volcanic eruption, hydrothermal and geothermal activity, subterranean fire and business interruption.

Aon approaches the international markets on behalf of the BOPLASS insurance group as well as a number of other LASS groups. The scale of Aon’s insurance placement makes it more attractive to underwriters than if individual Councils or even a single LASS group were to seek cover n their own.

4.2 Review Process

In addition to investigating the options outlined in Section 3 above to reduce the impact of this year’s infrastructure insurance premium, Aon is carrying out a frequency loss assessment which involves identifying and analysing both the historical losses experienced, and the risk exposure to future losses for the rivers and drainage assets. This modelling will identify which assets are most at risk of future damage, and which are at low risk.

From this analysis we can determine whether there are assets at low risk which we could choose not to place under the insurance programme to reduce premium costs. The option of building a reserve fund for self-insurance purposes will be explored, as well as looking at the option of borrowing to fund any uninsured losses.

This review will be completed in time for the 2021/2022 insurance renewal.

5. Considerations

Considerations

5.1 Risks and Mitigations

Following the review, if the option not to insure all assets is chosen then the financial risk for any necessary repairs to these assets will be transferred from the underwriters to Council. Additionally, central government’s 60% contribution towards repair costs may not be forthcoming if Council cannot satisfy the Ministry that it has a suitable reserve fund or other mechanism to meet its 40% share of the repair costs.

5.2 Climate Change

Mitigation			Adaptation
Reduce GHG emissions	Produce GHG emissions	Sequester carbon	Anticipate climate change impacts	Respond to climate change impacts
☐	☐	☐	☒	☒

Climate change predictions include rising sea levels and greater frequency and intensity of extreme weather events. In light of these predictions, Council recognises the importance of managing existing flood protection and drainage infrastructure assets, and that long term flood resilience planning is required. This also includes implementing effective adaptations and promoting new catchment and river management approaches.

5.3 Implications for Māori

Council has responsibilities to Māori under the LGA and the RMA. We are required to meet those responsibilities and identify any potential implications for Māori. Please consider including this section for reports going to all committees. The following questions will aid your analysis:

Crtl + click for Guideline material.

Our flood protection and land drainage infrastructure is vital to our role in keeping our communities safe and land productive. This includes benefiting the social, cultural and economic well-being of Māori and supports the strong spiritual bonds Māori have to awa, whenua and the natural world.

Iwi and hapū are significant landowners within the rivers and drainage schemes. Our flood protection and drainage infrastructure contributes towards protecting waahi tapu sites, marae and local housing from floodwaters, and maintains productive land from high ground water. Our insurance cover must be appropriate and affordable for scheme ratepayers, to lessen the financial burden to the community and enable a suitable response following a natural hazard situation.

5.4 Community Engagement

What level of engagement is council commited to? What actions will be taken

Consider identifying in the report:

• Council’s knowledge of community views on the subject.

• What aspect of the community is involved.

• How the views of the community were obtained.

• How the views were recorded and reported.

INFORM

Whakamōhio

To provide affected communities with balanced and objective information to assist them in understanding the problems, alternatives and/or solutions.

The River Scheme Advisory Group members have been informed of the infrastructure insurance review at their March 2020 and September 2020 group meetings. Positive support and feedback to the review was provided by group members.

The members will be kept informed as the review progresses and their input on the analysis and proposed recommendations will be sought.

5.5 Financial Implications

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

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.

The 2020/2021 budget for infrastructure insurance is $650,000. If the estimated premium increase of based on the 2019/2020 asset value is realised, this year’s premium will be in the region of $900,000. The insurance asset values have increased by approximately $20 million over the past 12 month period, which will result in a further increase over and above any premium cost escalation factor. If nothing is done to mitigate these increases the 2020/2021 premium could therefore be close to $1 million.

To mitigate the cost increase Aon has been asked to obtain premium quotes for the 2020/2021 renewal on the basis of our historical approach of insuring all assets, as well as increasing the deductable, or reducing the loss limit to see which of these options has the most impact on reducing the premium before we place the insurance cover.

6. 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.

If approval is given under Recommendation 2 of this report, the insurance quotes for the various premium options currently being explored will be analysed, and the Chief Executive will determine the best insurance cover placement option for the 2020/2021 renewal before approving placement and payment of the annual insurance premiums.

The results of the infrastructure insurance review will be presented to Council for consideration once they are available, so that an approach can be approved prior to the 2021/2022 insurance renewal.



Report To:	Regional Council
Meeting Date:	30 September 2020
Report Writer:	Yvonne Tatton, Governance Manager
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	To determine whether a review of Regional Council’s representation arrangements will be undertaken prior to the 2022 local government elections.

Regional Council Representation Review

Executive Summary

Regional Council was required to undertake a comprehensive review of its representation arrangements prior to the 2019 local government elections. As part of its recommendations to the Local Government Commission, Council resolved to undertake a further representation review in time for the 2022 elections based on projected population increases within the region.

Due to pending Tauranga City Council and Western Bay of Plenty District Council boundary changes, significant national policy changes that will affect the Council in the coming years, and current data supplied by the Local Government Commission, it is recommended that Council rescind the previous Council’s resolution and undertake its next representation review as part of the normal representation review cycle in time for the 2025 elections.

Recommendations

That the Regional Council:

1 Receives the report, Regional Council Representation Review.

2 Rescinds 10.1 Review of Representation Arrangement for the 2019 Local Elections – Hearings and Deliberations Resolution 8 of 2 August 2018 Council meeting:

“Agrees that the final representation proposal apply to the 2019 elections only and advise the Local Government Commission that the Council will undertake a further representation review in time for the 2022 elections”.

3 Agrees to conduct its next representation arrangement review, as per the required review cycle of every 6 years, prior to the 2025 local government elections.

4 Advises the Local Government Commission and previous submitters to the 2019 Representation Review of Council’s decision.

1. Introduction

All Councils are required to review their representation arrangements at least every six years. These reviews consider the particular representation arrangement for a local authority. The review determines the detailed arrangements for each local authority on the number of constituencies, the name and boundaries of those constituencies and the number of councillors to be elected by each constituency.

The last review undertaken by the Bay of Plenty Regional Council was in 2018 which would normally remain in place for the 2019 and 2022 local authority triennial elections. At the Council meeting on 2 August 2018, during the Representation Review Hearings and Deliberations, the Mayor of Tauranga City Council submitted that the proposed representation arrangements be based on the then current population projection estimates, suggesting an increase in the number of members needed to represent the Tauranga Constituency. However Council was required to use statistical information within the legal framework and based its representation review on the ordinary resident population as estimated by the Department of Statistics, as at 30 June 2017.

In response, Council resolved to adopt its initial proposal as its final proposal for the 2019 triennial elections only and to undertake another review in 2021 with updated population data. This was based on the assumption that there would be significant change to the population numbers for the Tauranga constituency prior to the 2022 elections thus affecting the population per councillor ratio.

1.1 Legislative Framework

Section 19I of the Local Electoral Act 2001 (LEA) requires councils to review their representation arrangements at least every six years. Other such representation review requirements are also referenced in the Local Government Act 2002 (LGA) and the Bay of Plenty Regional Council (Māori Constituency Empowering) Act 2001.

Under S19X of the Local Electoral Act 2001, Council is required to use the 2018 census or the latest ordinary resident population as estimated by the Department of Statistics.

1.2 Alignment with Strategic Framework

The Way We Work

We look to partnerships for best outcomes.

Effective representation aligns with all aspects of the Council’s strategic framework.

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

Representation reviews ensure communities of interest are appropriately represented in local government good decision making processes that affects their communities. Effective representation contributes to all community wellbeings.

2. Representation Review

2.1 Representation Review key considerations

Based on the legislative requirements, the Commission’s Guidelines for local authorities undertaking representation reviews identify the following three key factors when considering representation proposals:

a. communities of interest;

describes in general terms the sense of community or belonging reinforced by the geography of the area, the commonality of places to which people go to for their employment, the location of their schools, marae, banks, where they do their shopping and the location of their religious, recreational and major transport facilities etc.

In addition under the BOPRC (Māori Empowering) Act 2001, Māori constituencies must have regard to tribal affiliations.

b. effective representation of communities of interest;

relates to representation for identified communities of interest. This needs to take account of the nature and locality of those communities of interest and the size, nature and diversity of the district or region as a whole.

c. fair representation for electors;

relates to the number of persons represented per councillor. The ratio of persons per councillor in each constituency is required to be within +/-10% of the ratio for the district or region as a whole. This is designed to ensure approximate equality in representation i.e. votes of equal value.

2.2 Summary of 2018 Representation Review

At a meeting on 10 May 2018, the Regional Council, under section 19I of the Act, resolved as its initial representation proposal the retention of status quo representation arrangements. This resulted in the proposed arrangements as set out in the following table.

General Constituencies	General electoral population	Number of Crs per constituency	Population per Cr	Deviation from region average population per Cr	% deviation from region average population per Cr
WBOP	43,000	2	21,500	-627	-2.83
Tauranga	117,700	5	23,540	1,413	6.39
Rotorua	49,700	2	24,850	2,723	+12.31
EBOP	33,000	2	16,500	-5,627	-25.43
Sub total	243,400	11	22,127
Māori Constituencies
Mauao Māori	19,850	1	19,850	967	5.12
Okurei Māori	18,300	1	18,300	-583	-3.09
Kohi Māori	18,500	1	18,500	-383	-2.03
Sub total	56,650		18,883
Regional total	302,923

*Based on 2017 population estimates and showing Rotorua and Eastern Bop as outside the ‘+/- 10%’

The Council notified its initial proposal on 24 May 2018. In doing so, it acknowledged that two of the four proposed general constituencies were outside the statutory +/- 10% fair representation requirement.

The Council received four submissions by the deadline of 30 June 2018.

At a meeting on 2 August 2018, the Council, after considering the submissions, resolved to adopt its initial proposal as its final proposal. In doing so, it declined matters raised in submissions as follows:

· a proposal to increase the number of members for the Eastern Bay of Plenty Constituency while retaining existing boundaries, would result in a far greater % deviation from the average population per councillor than currently proposed

· the Council is required by legislation to use ordinarily resident population as opposed to projected population statistics in calculating fair representation.

The Council noted that the proposed representation for the Rotorua and Eastern Bay of Plenty constituencies did not comply with the fair representation requirement but confirmed the proposal “remained a good reflection of the current sub-regions, aligned with the region’s territorial boundaries and did not compromise the natural occurrence of communities of interest based on geographical and social associations.”

In making its decision, the Council also acknowledged one of the submitter’s comments regarding population growth in Tauranga and the Western Bay of Plenty and therefore resolved to undertake a further representation review prior to the 2022 elections.

The Council’s final proposal was publicly notified and appeals invited by 11 September 2018. No appeals were received.

In notifying the proposal the Council advised, given the non-compliance with the fair representation requirement, the proposal was subject to final determination by the Local Government Commission. Accordingly the proposal was referred to the Commission under section 19V(4) of the Act.

2.2.1 Local Government Commission’s 2019 representation determination

In its Determination the Local Government Commission considered that Council’s proposal provided an appropriate balance between the requirements for both fair and effective representation and upheld the Council’s decision, even though both the Rotorua and Eastern Bay of Plenty constituencies did not comply with the +/- 10% rule.

The Local Government Commission also noted in the Council’s proposal that “the growth trends occurring in the Bay of Plenty indicate that while the Western Bay of Plenty and Tauranga will continue to have population increases, the population growth particularly in the Eastern Bay of Plenty may remain static. It may well be that at the next review further boundary adjustments may be required across more constituencies to accommodate such growth enabling a far greater comprehensive review and repositioning of boundaries and representation ratios based on population changes and communities of interest.”

On advice from the Local Government Commission’s Principal Advisor, the Commission’s Determination to uphold the Council’s representation decision was not primarily based on the Council resolution to conduct a further review prior to the 2022 elections.

2.3 What Has Changed

2.3.1 Population update

At the time of writing the latest ordinary resident population as estimated by the Department of Statistics, as at 30 June 2020 had not been released. This includes population data from the 2018 census and projected 2019 population growth.

Therefore, analysis on population per councillor representation has been based on data derived from the 2018 census and local government boundaries that existed as at 1 January 2020.

The % difference column shows the calculation applied when determining whether an area complies with the +/-10% rule in section 19V(2) of the Local Electoral Act 2001. Where this difference falls outside the +/-10% range it is shown in bold.

General Constituencies	General electoral population	Number of crs per constituency	Population per cr	Deviation from region average population per cr	% deviation from region average population per cr
WBOP	45,051	2	22,526	-108	-0.48
Tauranga	122,691	5	24,538	1,904	8.41
Rotorua	48,672	2	24,336	1,702	7.52
EBOP	32,559	2	16,280	-6,354	-28.07
Sub total	248,973	11	22,634
Māori Constituencies
Mauao Māori	20,313	1	20,313	472	2.38
Okurei Māori	19,644	1	19,644	-197	-0.99
Kohi Māori	19,566	1	19,566	-275	-1.39
Sub total	59,523	3	19,841
Regional total	308,496	14	22,035

As the table above shows all constituencies, apart from the Eastern Bay of Plenty constituency, are within the ‘+/-10 rule’ highlighting the population per councillor ratio for these constituencies is correct.

The resolution to conduct a further review in 2021 was based on the perception that due to significant population increase in the Tauranga constituency, the population per councillor ratio would be outside the ‘+/-10%’ ratio. This has not proven to be the case.

Since the 2018 review the Rotorua constituency population per councillor ratio has been corrected through a slight reduction in population.

The only constituency that falls outside the ‘+/-10% is the Eastern Bay of Plenty with a 2.64% increase due to a further decrease in population. With the current two councillor representatives the population per councillor is lower than all other constituencies.

A way to correct this would be through major boundary realignments with those constituencies whose boundaries align with the Eastern Bay i.e. Rotorua and/or Western Bay of Plenty. Alternatively with expected growth to occur in the Eastern Bay due to increased government investment in the region this anomaly may well reduce to a more acceptable level if the representation review was undertaken at a later stage.

2.3.2 Boundary Changes

Currently the Local Government Commission is involved with proposals to transfer several areas from Western Bay of Plenty District to Tauranga City.

The first of these, at Tauriko West, has already been approved by the Commission. The Commission is currently discussing transitional arrangements with the councils. Those discussions will result in a reorganisation implementation scheme which will set out matters of detail and transitional arrangements. The scheme is expected to be finalised in mid-October. The formal transfer will take place on 1 January 2021.

The Commission is currently considering the transfer from the Western Bay District to the Tauranga City of three further areas – at Belk Road, Keenan Road and Tara Road. A hearing of submissions on these proposals took place recently and a final decision by the Commission is expected in October.

In addition, through the consultation process on the last three mentioned proposals, a submission called for the transfer from Tauranga City to Western Bay of Plenty District of a very small area effectively cut off from Tauranga City by the Eastern Link. The Commission will consider this in conjunction with the three proposals.

The current boundaries of the Bay of Plenty Regional Council’s constituencies in this area follow territorial authority boundaries. The boundary alterations referred to above will result in the Regional Council’s constituency boundaries being different from the territorial authority boundaries. This can be confusing for voters and complicates the electoral process by, for example, requiring a greater number of variations of voting papers and candidates booklets (and also resulting in additional cost).

If Council chooses not to undertake a review in 2021 this could be dealt with in the Local Government Commission’s reorganisation implementation schemes (there will be one scheme for Tauriko West, and one for the other boundary alterations should they proceed). The schemes could explicitly provide that the areas being transferred to Tauranga City are included in the Tauranga Constituency (and that the area south of the Eastern Link be included in the Western Bay of Plenty Constituency).

At this stage the population numbers affected by the boundary changes according to Tauranga City Council sources is approximately 300. The boundary changes are occurring to allow for future growth and residential development therefore if a review was undertaken in 2021 the councillor per population ratio would not significantly alter between the two constituencies. However this may not be the case for any review conducted prior to the 2025 elections.

2.3.3 Current operating environment

There is a level of uncertainty in the current local government operating environment which may influence the appropriate timing for Council to undertake a representation review.

On a national level, major policy changes such as the reform of Three Waters service delivery arrangements is leading wider local government reforms particularly the way in which local government might be structured. Conducting a representation review now may pre-empt further changes required in the near future.

As a response to the impact of COVID-19, central government economic stimulus packages have significantly increased the number of funding streams for Council.

As a result, along with the consultation, adoption and delivery of the Long Term Plan, the key focus for Councillors and staff over the coming years will be on the increased service delivery.

This all points to the need for political stability, consistency and focus at a regional level to ensure Council is in a position to proactively respond to significant national policy reforms as well as deliver the increase in services as a result of the new funding streams. A change in the representation structure at this stage may impact this.

3. Considerations

3.1 Risks and Mitigations

There are no significant risks if Council does not conduct a representation review in 2021.

The Local Government Commission has advised that so long as a review occurs prior to 2025 then Council is meeting its legal obligations.

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 Bay of Plenty Regional Council (Māori Constituency Empowering) Act 2001 created specific Māori constituencies across the Bay of Plenty region, these being: Mauao, Kōhī and Ōkurei. Only those on the Māori electoral roll can vote in these constituencies.

There is not been any significant shift in population per councillor Māori representation since the last representation review was conducted in 2018 and the deviation from the region average population per cr for the Māori constituencies falls within the +/-10% range rule.

There would be no impact either way on the Māori constituencies’ representation if a review were to be held in 2021 or 2024.

3.4 Community Engagement

INFORM

Whakamōhio

To provide affected communities with balanced and objective information to assist them in understanding the problems, alternatives and/or solutions.

If Council resolves not to undertake a further representation review in 2021, those who submitted as part of the 2018 review will be advised of the decision and reasons.

If Council resolves to undertake a representation review in 2021 a formal community consultation and engagement process will be undertaken as required under the Local Electoral Act.

3.5 Financial Implications

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

The cost of undertaking a representation review including community engagement is $40,000 - $45,000 dependant on the level of community engagement undertaken.

4. Next Steps

If Council resolves to rescind the previous Council’s resolution to undertake a representation review prior to the 2022 elections, the Local Government Commission will be notified so they can then proceed with the Tauranga City/Western Bay of Plenty District Councils’ reorganisation implementation schemes. This includes the provision that the areas being transferred to Tauranga City are included in the Bay of Plenty Regional Council’s Tauranga Constituency and that the area south of the Eastern Link be included in the Western Bay of Plenty Constituency.

Those who submitted on the 2018 representation review will be advised of Council’s decision to rescind the resolution, reasons and timeline for the new review prior to the 2025 elections.

If Council resolves to continue with a representation review prior to the 2022 elections, planning and programming will be implemented immediately to ensure there is adequate time to accommodate pre consultation with external stakeholders, information and discussion workshops to assist Council in forming its initial proposal for formal community consultation and determining its final proposal as per the timeframe requirements of the Local Electoral Act.



Report To:	Regional Council
Meeting Date:	30 September 2020
Report Writer:	Yvonne Tatton, Governance Manager
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	Council is asked to consider live streaming and recording of its Council and Core Committee Meetings

Live Streaming and Recording of Council and Core Committee Meetings

Executive Summary

During COVID-19 Alert Level 3 and 4, Council conducted its meetings via the electronic platform Zoom, as no physical meetings were able to be held. To ensure the meetings were still open to the public, the public section of the meetings were live streamed to Council’s website via the BOPRC You-tube channel.

While meetings are able to be held physically on site under Alert Levels 1 and 2 there has continued to be public demand to access Council and Committee meetings through live stream technology.

Council is asked to consider the matter of streaming its meetings live on the internet and if in agreement, to adopt a set of associated protocols.

Recommendations

That the Regional Council:

1 Receives the report, Live Streaming and Recording of Council and Core Committee Meetings.

2 Approves live streaming and recording of the open section of Council and its Core Committees’ meetings.

3 Adopts the Bay of Plenty Regional Council’s Live Streaming and Recording of Meetings Protocols.

4 Approves the necessary minor amendments to the Bay of Plenty Regional Council’s Standing Orders, to include the Live Streaming and Recording of Meetings Protocols and notes this requires agreement of 75% of members present.

5 Approves the amendment of Standing Orders 13.12: Request to attend by audio or audio link to remove reference to “designated Council offices as the preferred venues” and notes this requires agreement of 75% of members present.

6 Approves the necessary minor amendments to the Elected Members’ Code of Conduct to include reference to the Live Streaming and Recording of Meetings Protocols.

1. Introduction

In order for Council to continue with its decision making function during the advent of Covid-19, a different vehicle was required to conduct formal meetings.

Covid-19 Response (Urgent Management Measures) Legislation Act 2020 allowed for the provision of meetings to be held in an electronic environment without the need for a quorum to be physically present.

During Covid -19 Alert Levels 3 and 4 Council and its committee reverted to web casting meetings using Zoom as the virtual platform. To ensure meetings continued to remain open to the public, full Zoom functionality of livestreaming and/or video recording meetings was activated. These were live streamed to the BOPRC You-tube channel and the audio visual recording of the meetings were uploaded to our website.

Under Covid-19 level 2 Governance Services have supported a mixed use of on site and zoom functionality for meetings. Clarity is now required as to whether meetings should continue to be live streamed when members of the public can attend meetings in person as has been Council’s sole practice up to this point.

During Alert Level 4 Councillors were asked to provide feedback on a variety of improvements going forward which included seeking comments on livestreaming of meetings open to the public. While many commented on the benefits of livestreaming, Council has not had the opportunity to provide direction on livestreaming and recording of meetings going forward.

Currently 42 out of 78 councils in New Zealand live stream either their Council /and committee meetings that are open to the public (excludes those who only did so over level 3 and 4 lockdown in March/April this year).

1.1 Legislative Framework

While Clause 25 (a) Schedule 7 of the Local Government Act 2002 (LGA) provides for councillors to attend a meeting by audio or audio visual link there is no reference to web streaming of meetings.

Council’s Standing Orders are modelled on Local Government NZ (LGNZ) Standing Orders template and include reference to Councillors attending meetings by audio or audio visual link under clauses 13.10 – 13.16. Appendix 7 of the current Standing Orders refers to webcasting protocols however these provide a limited framework for guiding good practice.

1.2 Alignment with Strategic Framework

The Way We Work	We continually seek opportunities to innovate and improve.
	We provide great customer service.

By providing alternate means for the public to access Council’s decision making processes there is more likely to be an increased awareness in how the Regional Council supports its communities.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

Low - Positive

þ Cultural

Medium - Positive

þ Social

Medium - Positive

þ Economic

Low - Positive

Providing better public access to Council decision making processes will result in more people in the regional community having a greater awareness and understanding of the work Regional Council does resulting in a the positive impact on community well beings.

2. Live streaming and recording of meetings

As technology has become an everyday part of life, live streaming provides a valuable tool for Council to increase civic engagement and a way to communicate with a greater section of the regional community, in particular those who have a specific interest in matters before Council or its committees.

With Council live streaming meetings over the Covid-19 higher alert levels, there has been an increased expectation from the public and media that this continue as normal practice.

Live streaming and recording of meetings would only apply to the section of Council and core committees meetings that are advertised as open to the public and where the available technology enables good quality webcasting. This would be applied to those meetings held in the Council’s Chambers or where the meeting venue easily enabled a secure and stable virtual platform for live streaming to occur.

2.1 Advantages and disadvantages of live streaming meetings

There are both advantages and disadvantages to live streaming and recording meetings:

Advantages	Disadvantages/Risks
Helps alleviate any restrictions the community may have with attending meetings making the Council more accessible to its community.	May encourage political grandstanding or playing to audience type behaviour.
Enables insight into how Council makes its decisions and supports openness and transparency in decision making processes.	Will publically highlight inappropriate or embarrassing behaviour by those participating in the meeting.
Strengthens public understanding of how local government operates as a first step to getting people more involved.	Public excluded or sensitive issues may inadvertently be made public if the device is not managed properly.
Encourages considered discussion and mindful behaviour during meetings.	May expose individuals to potential liability due to inappropriate or defamatory comments.
Provides a vehicle for the community to know who their elected representatives are	May inhibit free and frank discussion among members and/or presenters.
Provides a visual recording of the meeting	May subject individuals to negative social media commentary if singled out.
Provides greater community awareness and confidence in the integrity and accountability of Council’s decision making processes.	Will require additional resource to support livestreaming
Ensures the application of Standing Orders supports sound decision making.	Unstable technical equipment or application may lead to inability to livestream resulting in loss of credibility to deliver.

2.2 Live Streaming and recording protocols

To uphold the integrity and reputation of Council’s decision making processes it is important that protocols are in place to ensure those who participate in meetings that are live streamed and recorded are aware of the fact. Live streaming brings with it some risks regarding behaviour and statements made during the meeting that will be in the public domain via the internet.

Protocols (Attachment 1) have been drafted to provide procedural guidance to ensure all those who participate are aware that live streaming is occurring. The protocols also identify actions that may be required where parts of the recording are deemed to be inappropriate.

Guidelines for participating in meetings over the internet have been produced and are made available to those who take part in such meetings.

2.3 Preferred method for livestreaming of meetings

At the time Alert Level 4 was activated, Council did not have a livestream system in place so a livestreaming product was used that could be implemented immediately. While it served the purpose at the time, a more fit for purpose method of livestreaming is needed for the long term solution. What is proposed is a Zoom webinar licence as it provides better control and functionality for live streaming.

During previous livestreamed meetings, people’s experience while watching the livestream was the same as if they were a meeting participant rather than an observer. Since then staff have been evaluating livestreaming technology options and have selected Zoom and You-Tube as the preferred products. The experience this system will provide to people observing the meeting through livestream will be the same as if they were sitting in the public gallery of the Council Chambers, where they have a panoramic view of the room and the presentation screens at the end of the Council table.

The livestream is able to be paused during public excluded sections of the meeting, and restarted once the meeting re-enters the public session. Livestreaming technology will be available in both the Whakatāne and Tauranga Council Chambers.

The associated costs are outlined in the Financial Implications section of this report.

2.4 Amendments to Standing Orders and Elected Members Code of Conduct

Currently under Standing Orders 13.12 approved participation by audio-visual link is at designated Council offices as the preferred venues. This was based on using air media technology available only in the Council offices. With the advance of technology this unnecessarily restricts Councillors from where they can join a meeting electronically and should be removed.

The Elected Members Code of Conduct will require amending to include additional reference to the live streaming and recording of meetings protocols.

3. Considerations

3.1 Risks and Mitigations

The draft Live streaming and Recording of Meetings Protocols identify some of the key risks and appropriate actions to mitigate such risks.

3.2 Climate Change

Mitigation			Adaptation
Reduce GHG emissions	Produce GHG emissions	Sequester carbon	Anticipate climate change impacts	Respond to climate change impacts
☒	☐	☐	☐	☐

While live streaming meetings will enable the public to view meetings from their devices rather than drive to Council offices, there will be minimal climate change impact.

3.3 Implications for Māori

Crtl + click for Guideline material.

Council has a responsibility to Māori under the LGA which includes enabling participation in decision making. Providing access to meetings enables insight into how Council makes its decisions. This in turn supports openness and transparency in decision making processes which strengthens understanding of how local government operates as a first step to getting Māori more involved.

Live streaming Komiti Māori meetings via Zoom proved successful during the Covid-19 Alert Levels 3 and 4 and requests have been received for this to continue. It should be noted that the ability to successfully live stream meetings outside the Council Chambers such as on marae is dependant on the stability of web casting functionality/internet and cannot be guaranteed.

3.4 Community Engagement

Consider identifying in the report:

INFORM

Whakamōhio

To provide affected communities with balanced and objective information to assist them in understanding the problems, alternatives and/or solutions.

Public notification of meetings being live streamed will be published as per Attachment 6 of the Livestreaming and Recording of Meetings Protocols.

3.5 Financial Implications

The associated set up and annual costs of livestreaming are outlined in the below table.

Item	Initial Cost
Cameras	$9,000
AV consultant	$2,000
Total set up cost	$11,000
Item	Annual Cost
Licensing fees	$2,200
Additional staff resourcing	$20,000
Total Annual Cost	$22,200

If approved, these costs will be met from the Corporate Technology budget for 2020/21 and included in the draft LTP 2021/2031.

The main impact will be on the increased staff time needed to support each livestreamed meeting which will be covered by existing staff resources. This will result in some lower priority jobs that are logged with the service desk team being delayed or not being responded to. The capital set up costs will also result in some scheduled hardware replacements being delayed.

4. Next Steps

If Council resolves to livestream and record Council and core committee meetings, the protocol requirements will be implemented, the appropriate equipment installed in both Tauranga and Whakatāne Chambers and staff resourcing allocated in a timely manner. The public will be notified of livestreaming of meetings through Council’s website.

Attachments

Attachment 1 - Draft BOPRC Live Streaming and Recording of Meetings Protocols ⇩



Report To:	Regional Council
Meeting Date:	30 September 2020
Report Writer:	Mat Taylor, General Manager, Corporate
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	To present Council with the LGFA’s final Statement of Intent for 2020/21 and Annual Report 2019/20

Local Government Funding Agency (LGFA) Limited - Statement of Intent 2020/21 and Annual Report 2019/20

Executive Summary

This report is to present Council with the Local Government Funding Agency’s (LGFA) Statement of Intent for 2020/21. The draft Statement of Intent (SOI) was presented for Council’s review and consideration at the Council meeting on 14 May 2020.

This report is also to present Council with the LGFA’s Annual Report for 2019/20. The LGFA continues to grow in terms of numbers of council members and levels of borrowing for the local government sector. Total lending reached $10.9 billion during the period, with sixty-seven council members

Recommendations

That the Regional Council:

1 Receives the report, Local Government Funding Agency (LGFA) Limited - Statement of Intent 2020/21 and Annual Report 2019/20.

2 Notes the final Statement of Intent 2020/21.

3 Notes the Annual Report 2019/20

1. Introduction

The LGFA is a Council Controlled Organisation (CCO). Schedule 8 of the Local Government Act 2002 requires Council Controlled Organisations to deliver to shareholders a draft Statement of Intent for the coming financial year, by 1 March in preceding financial year. Shareholders then have up to two months to make comments on the draft. The CCO Board must consider these comments and deliver a final Statement of Intent to shareholders before the beginning of the financial year.

1.1 Alignment with Strategic Framework

A Healthy Environment
Freshwater for Life
Safe and Resilient Communities
A Vibrant Region	We invest appropriately in infrastructure to support sustainable development.
The Way We Work	We deliver value to our ratepayers and our customers.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

¨ Social

þ Economic

2. Statement of Intent 2020/21

The LGFA draft Statement of Intent was reported at the 14 May 2020 meeting for review and consideration.

The LGFA final Statement of Intent, as adopted by the Board, is attached to this report with the covering letter received. It is consistent with the draft Statement of Intent and feedback provided to the Board of the LGFA through the shareholder’s Council.

The nature and scope of the LGFA continues to grow, and is a significant entity that provides access to low cost funding to the local government sector. The LGFA has outstanding lending to Councils of approximately $10 billion used to fund capital expenditure, with borrowing costs at very low levels – currently under 1.6% for some terms.

The LGFA continues to provide an excellent, flexible and quality service to Councils that is a highly valued, and that has brought about substantial savings to ratepayers.

3. Annual Report 2019/20

The LGFA Annual Report for 2019/20 is provided as a supporting document for this agenda item along with the covering letter received.

The Annual Report provides specific commentary on the operation of the LGFA, and the significant positive impact it has had on the sector in reducing the cost of borrowing to rate payers.

Highlights:

(i) Lending to Councils increased by $1.59 billion in 2019/20.

(ii) Total lending to Councils was $10.9 billion as at 30 June 2020.

(iii) Net Operating Profit reached $10.6 million for the year, down from $11.2 million in the previous year.

(iv) Dividend to be received by Council from the LGFA’s years’ operating activities is $62,000 down from $86,000 for the previous years’ activities. This is a 3.3% return on cash invested (paid up shares) down from 4.6% in the previous year.

(v) At June 2020 there were sixty-seven member councils, an increase of four.

4. Considerations

4.1 Risks and Mitigations

There are no specific new risks associated with this year’s LGFA Annual Report

4.2 Climate Change

There are no specific matters to address in this report - as this report is to receive the Annual Report.

4.3 Implications for Māori

There are no specific implications to consider for Māori.

4.4 Community Engagement

This project indirectly contributes to all Community Outcomes in the Council’s Long Term Plan 2018-2028. This work is planned under the Corporate Services Activity in the Long Term Plan 2018-2028.

4.5 Financial Implications

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

This work is being undertaken within the current budget of the Corporate Activity in the Long Term Plan 2018-2028.

5. Next Steps

The Regional Council will provide the LGFA with estimates of borrowing requirements following the adoption of the draft LTP 2021-2031.

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