Regional Council

Open Minutes

Commencing:             Wednesday 30 September 2020, 9.30 am

Venue:                         Mataatua Room, Regional Council, 5 Quay Street, Whakatane

Chairperson:               Chairman Doug Leeder

Deputy Chairperson:  Deputy Chairperson Jane Nees

Members:                    Cr Andrew von Dadelszen

Cr David Love (via Zoom)

Cr Norm Bruning

Cr Bill Clark

Cr Stuart Crosby

Cr Kevin Winters

Cr Lyall Thurston

Cr Toi Kai Rākau Iti

Cr Stacey Rose

Cr Paula Thompson

Cr Te Taru White (via Zoom

In Attendance:            BOPRC: Fiona McTavish – Chief Executive, Mat Taylor – General Manager Corporate, Namouta Poutasi – General Manager Strategy & Science, Yvonne Tatton – Governance Manager, Greg Corbett – Biosecurity Manager, Shane Grayling - Biosecurity Team Leader , Annabel Chappell – Te Tuara Manager, Kirsty Brown – Rivers and Drainage Assets Manager, Lisa Power – Senior Planner, Tone Nerdrum-Smith – Committee Advisor

Others: Peter Fergusson – Manawahe Eco Trust and Norm Ngapo – Manawahe Kōkako Trust, Andy Blair – Bay of Connections

Apologies:                  Cr McDonald and Cr Love (absence during the meeting)

 

1.     Opening Karakia

A karakia was provided by Cr Iti.

2.     Apologies

Resolved

That the Regional Council:

1          Accepts the apologies from Cr Love (absence during the meeting) and Cr McDonald tendered at the meeting.

Leeder/Rose

CARRIED

 

3.     Declaration of Conflicts of Interest

Cr Stuart Crosby – Quayside Holdings Ltd presentation (Public Excluded).

Cr Paula Thompson - Quayside Holdings Ltd presentation (Public Excluded).

4.     Public Forum

4.1

Peter Fergusson - Manawahe Eco Trust and Norm Ngapo - Manawahe Kōkako Trust

Tabled Document 1 - Tabled Item - Public Forum: Manawahe Corridor Wallabies - Council 30 September 2020: Objective ID A3639457  

 

 

Cr Clark introduced the speakers, recognising their significant efforts in the pest management and conservation field.

Key Points:

·       The Manawahe corridor extended from Lake Rotoma to Matata and contained large areas of native forest, mainly on private land

·       The Trusts maintained biodiversity and had operated since 1997 on private land and were well supported by the community

·       Matatā ecological corridor had resident kōkako population

·       Undertook predator control with seed funding from Rotary

·       Infertile eggs were indicative of a declining population

·       Had transferred birds from other areas that were progressing well

·       Recognised the strong working relationship and funding from BOPRC

·       Had achieved low rat/possum numbers, however expansion of the wallaby population undermined the achievements

·       Game cameras showed significant increase in wallaby population in the Matatā area

·       Sought Council funding and support towards ongoing wallaby control and monitoring..

Key Points - Staff:

·       Manawahe corridor was within the wallaby progressive containment area in the Regional Pest Management Plan, i.e. high level control, rather than eradication.

Key Points - Members:

·       Acknowledged the highly valued contribution by the Trusts and volunteers.

 

 

5.     Minutes

Minutes to be Confirmed

5.1

Regional Council Minutes - 6 August 2020

 

 

Resolved

That the Regional Council:

Confirms the Regional Council Minutes - 6 August 2020 as a true and correct record.

Leeder/Bruning

CARRIED

 

5.2

Regional Council Minutes - 3 September 2020

 

 

Resolved

That the Regional Council:

Confirms the Regional Council Minutes - 3 September 2020 as a true and correct record.

Rose/Nees

CARRIED

 

5.3

Emergency Regional Council Minutes - 10 September 2020

 

 

Resolved

That the Regional Council:

Confirms the Emergency Regional Council Minutes - 10 September 2020 as a true and correct record.

Leeder/Nees

CARRIED

 

Minutes to be Received

5.4

Tauranga Moana Advisory Group Minutes - 19 June 2020

 

Resolved

That the Regional Council:

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

Nees/Bruning

CARRIED

 

5.5

SmartGrowth Leadership Group (Draft) Minutes - 1 July 2020

 

Resolved

That the Regional Council:

1          Receives the SmartGrowth Leadership Group (Draft) Minutes - 1 July 2020.

Crosby/Leeder

CARRIED

 

5.6

Rotorua Te Arawa Lakes Strategy Group Minutes - 5 August 2020

 

Resolved

That the Regional Council:

1          Receives the minutes, Rotorua Te Arawa Lakes Strategy Group Minutes - 5 August 2020.

Winters/Thurston

CARRIED

 

5.7

Rangitāiki River Forum (Confirmed) Minutes - 5 June 2020

 

Resolved

That the Regional Council:

1          Receives the Rangitāiki River Forum (Confirmed) Minutes - 5 June 2020.

Clark/Rose

CARRIED

 

5.8

Rangitāiki River Forum (Draft) Minutes - 4 September 2020

 

Resolved

That the Regional Council:

1          Receives the Rangitāiki River Forum (Draft) Minutes - 4 September 2020.

Matters Arising:

·         Cr Rose did not return to the meeting after the lunch adjournment

Clark/Rose

CARRIED

 

6.     Reports

6.1

Chairperson's Report

Chairman Leeder and Fiona McTavish – Chief Executive responded to questions of the report.

Key Points:

·           Provided an outline of the meeting called by Tauranga City Mayor Powell regarding opportunities for stronger cooperation between the Waikato and Bay of Plenty regions. Issues discussed included the Kaimai tunnel and  three waters

·           16 September air pollution meeting had been called by Mr Basten and convened by Council staff. The Chairman had attended at the beginning, then withdrew from the meeting.

Key Points – Chief Executive:

·       The possibility of issuing a joint statement on the Regional Land Transport Plan had been discussed at Upper North Island Strategic Alliance (UNISA) meeting

·       UNISA would provide a Briefing for Incoming Ministers, which had been signed by the Chairs/Mayors of the Bay of Plenty region

·       Any input from Councillors to UNISA’s Briefing for Incoming Ministers to be provided by the end of the week to the Chief Executive.

 

 

Items for Staff Follow Up:

·       Notes from the 16 September 2020 air pollution meeting to be provided to Councillors.

 

Resolved

That the Regional Council:

1          Receives the report, Chairperson's Report.

Leeder/Rose

CARRIED

 

9.58 am – Cr Love withdrew from the meeting (attending via Zoom).

Decisions Required

6.2

Recovery Project Update – 10.00am

Presentation Regional Recovery Project Update: Objective ID A3641786  

Mahi Tahi Regional Recovery Status Dashboard Recovery Dashboard

Andy Blair – Bay of Connections attended the meeting for this item.

Nic Newman – Principal Advisor, Dean Howie - Programme Manager - Regional Economic Development and Namouta Poutasi – General Manager Strategy & Science presented on behalf of staff.

Key Points of Presentation

·           Key Messages

·           Dynamic Landscape

·           BOPRC Programme

·                Stimulus Projects

·                Value Add

·            Bay of Connections

·                Supports sustainable economic development

·                Regional recovery framework

·                Data projects

·                Collaboration with Toi Kai Rawa

·                Tactical projects

·            Financial Implications

·            Leadership moving forward

·                Bay of Connections

·                Regional Skills Leadership Group

·                EDAs

·                Wairakei Regional Leadership Group.

Key Points - Members:

·           Queried whether the now combined pre/post-Covid priorities and assumptions would provide the desired outcomes

·           Queried if the Iwi leaders on the Leadership Groups were representative of Iwi in a wider sense

·           Key issue was to ensure the community was supportive of and engaged with the recovery approach,

·           Recognised the significant effort and contribution by Andy Blair through the Bay of Connections

·           The views and input of the ‘grass root community’ at a subregional level needed to be incorporated.

Key Points - Staff:

·           The Regional Recovery Status Dashboard was available to external parties and was currently driven by Council, however the continued responsibility would be more suitable for Central Government

·           Delays in up-to-date data made recovery projects more challenging and Bay of Connections was working with Central Government to address this issue

·           Level of engagement between the region’s EDAs was high, which supported strategic thinking.

Key Points – Andy Blair – Bay of Connections

·           Bay of Connections did not want to replicate the work undertaken by the EDAs, rather its focus was on tactical projects with prioritisation criteria

·           Developing a pipeline of projects and data relating to the Bay of Plenty region was the priority of the Leadership Group between now and July 2021

·           Wairakei Regional Leadership Group was led by Ezra Schuster

·           All funding allocations and projects had been reassessed as Covid  emergency alert levels changed

·           Community input and participation featured heavily in Wairakei Regional Leadership Group as representatives were community leaders, including Iwi leaders

·           There were younger representatives on the Regional Skills Leadership Group, with the focus being the wider spectrum of training and educational opportunities, as well as ensuring investments matched the desired outcomes

·           Toi Kai Rawa EDA was represented on the Regional Skills Leadership Group and the operational structure of the Wairakei Regional Leadership Group.

 

 

Items for Staff Follow Up:

·       Colour code pre-existing vs new recovery initiatives to make clear what was post-Covid, i.e. new funding.

 

Resolved

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 as provided on the LTP Workshop on 12 August 2020.

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.

7          Seeks that the issue of community participation at the grass root level be referred to the Wairakei Regional Skills Leadership Group for consideration and report back to Council.

Thurston/Thompson

CARRIED

 

6.3

Recommendations from Public Transport Committee

Presented by: Cr von Dadelszen - Chairperson, Public Transport Committee

Key Points:

·       With the implementation of the Regional Integrated Ticketing System (RITS), accurate and comprehensive data would be available for the trials.

Key Points - Staff:

·       The resolutions provided commitment for the next financial year

·       Discussions regarding any further future funding of Public Transport would form part of the LTP workshops.

 

Resolved

That the Regional Council:

1          Receives the report, Recommendations from Public Transport Committee.

2          Adopts the recommendations from the Public Transport Committee meeting held on 27 August 2020 specific to the report, Improving our Network that:

(a)   The Tauranga school fare free trial and the regional tertiary fare free trial are extended to include the 2021 school year, and the extension is funded from public transport targeted rates reserves for 2020/21 and the Long Term Plan for 2021-2031 onwards;

(b)  The regional tertiary fare free trial is extended to include the 2021 school year, and the extension is funded from public transport targeted rates reserves for 2020/21 and, if the service is to become permanent, a business case be submitted to Waka Kotahi - NZTA for funding.

 

von Dadelszen/Thompson

CARRIED

 

6.4

Additions to Engineering Services Panel Contract - Part 1

 

 

Resolved

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.

Bruning/Rose

CARRIED

 

11.05 am – The meeting adjourned.

 

11.30 am – The meeting reconvened.

 

7.     Public Excluded Section

Resolved

Resolution to exclude the public

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

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

Item No.

Subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

When the item can be released into the public

7.3

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.

2        That Sir Robert McLeod, Warren Parker, Keiran Reid and Scott Hamilton – Quayside Holdings Ltd be permitted to stay in the public excluded section for the Quayside Holdings Ltd presentation.

Leeder/Winters

CARRIED

 

7.1

Regional Pest Management Plan

Presented by: Lisa Power – Senior Planner, Greg Corbett - Biosecurity Manager, Shane Grayling - Biosecurity Team Leader and Namouta Poutasi – General Manager Strategy & Science

Key Points:

·       The draft Plan was the culmination of ongoing discussions, feedback from submitters and workshop direction from Councillors.

Key Points - Members:

Concerns expressed included:

·       Lack of clear strategic direction with regards to climate change impacts

·       Catfish not being targeted for eradication or exclusion in the Kaituna River

·       The north-eastern boundary of the wallaby eradication area should be extended westwards to include the Manawahe area.

·       Some discrepancies in the language and formatting within the Plan

·       Encouraged increased support towards the Trusts and volunteers who provided valuable contribution in the pest management field

·       Would like to see expansion of the wallaby eradication areas

·       The impact of climate change should be more dominant and visible in the Plan.

In Response to Questions

·       Council could not prevent catfish from entering the Kaituna River, i.e. eradication was not an achievable goal as physical barriers were not technically practical and would prevent native fish passage as well

·       The progressive containment planned for the Manawahe area would enable wallaby control in that area

·       A KPI target for wallaby management was included in the draft LTP workshop papers for 6-7 October 2020, where Councillors would also have the opportunity to discuss funding allocations

·       Wallaby/Wilding control was not a seasonal activity, however different methodology was applied at different seasons, e.g. wallaby control was targeted in the winter months to ensure maximum efficiency

·       There were robust provisions in the Plan with regards to removal of Woolly Nightshade on privately owned land

·       Recognised the importance of the Operational Plan in the implementation and enforcement of the Regional Pest Management Plan

·       Council had the opportunity to submit to the Biosecurity Act review regarding considerations being given to the impact of climate change.

 

Resolved

That the Regional Council:

1          Receives the report, Regional Pest Management Plan.

Crosby/Bruning

CARRIED

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.

Crosby/Bruning

CARRIED

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.

Crosby/Bruning

CARRIED

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.

Crosby/Bruning

CARRIED

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

Crosby/Bruning

CARRIED

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.

Crosby/Bruning

CARRIED

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.

Crosby/Bruning

CARRIED

8          Delegates to the General Manager, Strategy and Science and Cr Nees (Deputy Chairperson), the authority to make any necessary formatting, typographical and administrative changes prior to public notification.

Crosby/Bruning

CARRIED

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. 

Crosby/Bruning

CARRIED

10       Noted that a substantive communication strategy to support the release of the Regional Pest Management Plan 2020-2030 was planned to ensure community knowledge of the Plan and the supporting Operational Plan.

Crosby/Bruning

CARRIED

 

 

1.15 pm – Cr Love entered the meeting.

 

 

7.2

Insurance Review

Presented by: Annabel Chappell – Te Tuara Manager and Kirsty Brown – Rivers and Drainage Assets Manager

Key Points:

·       Outlined the timeframe for obtaining the insurance quotes and noted that the window of opportunity between receiving the quotes and purchasing the insurance was limited.

 

 

Items for Staff Follow Up:

·       Options to reduce the ongoing insurance premium for infrastructure assets to be presented to Risk & Assurance Committee.

 

Resolved

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.

Leeder/Thompson

CARRIED

 

1.22 pm – the meeting adjourned.

 

1.49 pm – the meeting reconvened.

 

 

7.3

Regional Council Representation Review

Presented by: Yvonne Tatton – Governance Manager

Key Points:

·           The previous review was undertaken in 2018

·           Tauranga City Council had requested a review be undertaken earlier than the required six year cycle to better reflect the population changes in Tauranga

·           Analysis was based on the 2018 Census, as per legal requirement as the estimated 2019 population data was not yet available

·           Currently all constituencies apart from the Eastern Bay of Plenty were within the +/-10% ratio rule

·           There were currently boundary changes taking place between TCC and WBOPDC which may lead to further significant population growth in the Tauranga constituency.

 

 

Resolved

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:

(i)    “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.

Winters/Rose

CARRIED

 

Cr Thompson opposed the motion and requested that this be recorded in the minutes.

 

 

 

7.4

Live Streaming and Recording of Council and Core Committee Meetings

Presented by: Yvonne Tatton – Governance Manager

Key Points:

·           Members of the public attending meetings would in principle agree to be live streamed, unless otherwise directed by the Chairperson of the meeting

·           Recordings could be amended if defamatory/untrue statements were expressed in a live setting.

 

Items for Staff Follow Up:

·       The definition of ‘Chair’ to be clarified in the procedures Ascertain if website disclaimer regarding liability for breaking the rules would require a signature/tick box or similar and if this was enforceable.

 

Resolved

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.

Rose/Iti

CARRIED

 

Information Only

7.5

Councillors Expenditure July 2019 to June 2020

Presented by: Yvonne Tatton – Governance Manager

Key Points:

·           ‘Council related expenditure’ were instances where Councillors represented the organisation, e.g. RMA training; LGNZ working parties etc. Such expenditure included travel and accommodation

·           Professional development regime had changed in that the organisation was working through needs/wishes for each Councillor to ensure a fit-for-purpose development plan

·           Not all Councillors claimed for travel.

 

Items for Staff Follow Up:

·       Expenditure schedule to be made available at the Council website.

Councillors' Expenditure 2019-20

 

Resolved

That the Regional Council:

1          Receives the report, Councillors Expenditure July 2019 to June 2020.

Nees/Winters

CARRIED

 

 

7.6

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

Presented by: Mat Taylor – General Manager Corporate

Key Points:

·           The style of the Annual Report was a positive example of making it more accessible to a wider audience.

 

Resolved

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.

Crosby/Winters

CARRIED

 

8.     Public Excluded Section

Resolved

Resolution to exclude the public

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

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

Item No.

Subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

When the item can be released into the public

8.1

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.

8.2

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.

8.4

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.

Leeder/Rose

CARRIED

 

9.     Closing Karakia

A karakia was provided by Cr Iti.

2.31 pm – the meeting closed.

 

 

                                                                             

Confirmed 30 October 2020                                                                                                        

                                                                                                                         Chairman Doug Leeder

Chairperson, Regional Council