Agenda of Regional Council - Thursday, 29 October 2020

Council

Membership

Chairperson	Chairman Doug Leeder
Deputy Chairperson	Cr Jane Nees
Members	All Councillors
Quorum	Seven members, consisting of half the number of members
Meeting frequency	Six weekly or as required for Annual Plan, Long Term Plan and other relevant legislative requirements

Purpose

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

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

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

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

Role

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

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

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

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

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

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

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

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

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

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

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

· Oversee the work of all committees and subcommittees.

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

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

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

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

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

· Address strategic corporate matters including property and accommodation.

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

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

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

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

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

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

Delegations from Council to committees

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

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

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

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

· It is accepted in making these delegations that:

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

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

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

Powers that cannot be delegated

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

· Make a rate.

· Make a bylaw.

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

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

· Appoint a chief executive.

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

· Adopt a remuneration and employment policy.

Bay of Plenty Regional Council - Toi Moana

Governance Commitment

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

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

· Trust and respect each other

· Stay strategic and focused

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

· Listen to our stakeholders and value their input

· Listen to each other to understand various perspectives

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

· Continually evaluate what we do

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

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
12.1	Public Excluded Regional Council Minutes - 30 September 2020	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
12.2	Pāpāmoa Hills Regional Park Land Purchase Opportunity	Withholding the information is necessary to enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities; 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)(h); 48(1)(a)(i) Section 7 (2)(i).	To remain in public excluded.
12.3	Rock Procurement Planning	Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information.	48(1)(a)(i) Section 7 (2)(b)(ii).	To remain in public excluded.
12.4	Rating Function Review	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).	To remain in public excluded.
12.5	Council Director Nomination to the Board of Port of Tauranga Limited	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).	On the Chief Executive's approval.

Regional Council Minutes

30 September 2020

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 Papo – Manawahe Kokaka 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 Papo - Manawahe Kokaka 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 Kokaka 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 Rob McLeod, Warren Banks, 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.

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:

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

Chairman Doug Leeder

Chairperson, Regional Council

Date	Meeting / Engagement	Comment
22 September	Presentation to Tauranga City Council’s Finance, Audit and Risk Committee meeting - Tauranga	Quayside and BOPRC provided a presentation covering who we are, challenges and opportunities, achievements so far and what’s ahead.
23 September	Jobs for Nature Reference Group Workshop – Wellington	Attended.
24 September	Kia Kaha Whakatāne Governance Group Meeting – Videoconference	Attended.
Minister Twyford visit to the Eastern Bay - Whakatane	Discussed Regional Economic Development and Growth, and the importance of investment in growing talent and our region.
25 September	Civil Defence Emergency Management Group – Tauranga	Attended.
28 September	Catch-up Meeting with Tauranga City Council and Western Bay of Plenty District Council Mayors – Tauranga	Attended.
30 September	Bay of Plenty Federated Farmers Meeting – Whakatāne	Discussed the new Freshwater package and the impact on farms and their farming businesses. Councillors Jane Nees, Norm Bruning, Bill Clark and David Love were also in attendance.
1 October	National Council Dinner – Wellington	Attended
2 October	Combined National Council Meeting and Strategy Day – Wellington	Attended.
Meeting with Minister of Agriculture Hon Damien O’Connor – Wellington	Discussed Farm Plans following the $50 million announcement for a farm planning framework.
5 October	Relationship Hui with Ngāti Mākino Iwi - Pukehina	Discussed options for a working relationship and an overview of the National Policy Statement for Freshwater Management.
8 October	Jobs for Nature Reference Group Workshop – Wellington	Attended.
9 October	Meeting with Tauranga City Council and Western Bay of Plenty District Council Mayors – Tauranga	Discussed the Transport System Plan.
12 October	Catch-up Meeting with Rotorua Lakes Council Mayor and Chief Executive – Rotorua	Discussed general matters between the two councils. Fiona McTavish also attended this meeting.
Meeting between BOPRC, Rotorua Lakes Council and the Tarawera Ratepayers Association – Rotorua	Attended.
13 October	Freshwater Implementation Group Pre-Meeting - Videoconference	Attended.
14 October	Freshwater Implementation Meeting - Wellington	Discussed a work programme update, and the proposed process for freshwater farm plan regulations for feedback.
15 October	General Catch-up Meeting with University of Waikato Deputy Vice Chancellor Professor Alister Jones - Tauranga	Attended.
20 October	Transport System Plan (Public Excluded) Workshop with Tauranga City Council and Western Bay of Plenty District Council – Tauranga	Attended.
SmartGrowth Leadership Dinner Meeting – Tauranga	Discussed and finalised any outstanding issues on the SmartGrowth Leadership Group Meeting on 21 November.



Report To:	Regional Council
Meeting Date:	29 October 2020
Report Writer:	Greg Corbett, Biosecurity Manager
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	This reports seeks Council approval to sign a collaboration agreement with Kiwifruit Vine Health to partner in the control of wild kiwifruit.

Partnering with Kiwifruit Vine Health to control wild kiwifruit

Executive Summary

The kiwifruit industry has partnered with Council wild kiwifruit management since 1998. This partnership has been viewed as an exemplar for combined ‘local government-industry’ pest management.

Kiwifruit Vine Health (KVH) and New Zealand Kiwifruit Growers Incorporated (NZKGI) submitted on the Proposed Regional Pest Management Plan requesting that wild kiwifruit be made a progressive control pest in the new Regional Pest Management Plan (RPMP). After receiving this submission staff have met with KVH to work through refreshing and streamlining our approach to wild kiwifruit management. This has led to a new agreement being drafted between the two organisations that proposes industry taking a stronger role in the management of wild kiwifruit during the term of the new RPMP.

The agreement proposes that KVH will lead wild kiwifruit control with Council leading on surveillance and compliance work. KVH will provide contribution of $150,000 annually towards control costs with Council contributing $100,000 annually. KVH will also contribute to surveillance costs.

Given the total cost to Council over the term of the proposed agreement will be $1,000,000 (in today’s dollars), Council approval is required before signing the Agreement.

Recommendations

That the Regional Council:

1 Receives the report, Partnering with Kiwifruit Vine Health to control wild kiwifruit;

2 Notes that the Collaboration Agreement for the Management of Wild Kiwifruit commits Council to fund $100,000 per annum, for ten years, to Kiwifruit Vine Health to control wild kiwifruit in the Bay of Plenty;

3 Notes that this amount has been allowed for in the Council’s current biosecurity budget;

4 Notes that Kiwifruit Vine Health, on behalf of the kiwifruit industry, will lead the control of wild kiwifruit across the region and contribute $150,000;

5 Approves the Collaboration Agreement for the Management of Wild Kiwifruit and authorises the Chief Executive to sign the Agreement on behalf of Council.

1. Introduction

Wild kiwifruit has been recognised as a pest in the Bay of Plenty since the late 1990’s. Infestations are generally found in the vicinity of kiwifruit orchards or where ‘reject’ fruit has been fed-out to livestock in the past. Birds are primarily responsible for wild vines establishing as they spread seeds from unpicked fruit, though inappropriate disposal of prunings (e.g. discarded on bush edges) can also contribute to the problem. The industry now has good practice guidelines to help manage these risks.

In recognition of this problem the kiwifruit industry has partnered with Council to manage wild kiwifruit infestations since 1998. This partnership saw the industry providing funding support to Council’s control programme, which offers subsidised wild kiwifruit control to landowners (Council/industry partnership contribute 75% of control costs and landowners contribute 25%). In recent years KVH, on behalf of the industry, have taken stronger role by managing contractors engaged to control the vines.

The kiwifruit industry has steadily increased its funding support for wild kiwifruit control - however this industry contribution is not fixed and could decrease at any time without any formal agreement.

1.1 Legislative Framework

While this partnership is aligned with, and will significantly contribute towards achieving, the objectives of the new Regional Pest Management Plan (RPMP), it has no statutory basis and the industry have voluntarily engaged in supporting wild kiwifruit management.

1.2 Alignment with Strategic Framework

A Healthy Environment	We work cohesively with volunteers and others, to sustainably manage and improve our natural resources.
Freshwater for Life
Safe and Resilient Communities
A Vibrant Region	We work with and connect the right people to create a prosperous region and economy.
The Way We Work	We look to partnerships for best outcomes.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

¨ Cultural

¨ Social

þ Economic

Medium - Positive

2. Proposed Collaboration Agreement for the Management of Wild Kiwifruit

Under the new RPMP, wild kiwifruit were initially proposed to be managed as a Sustained Control pest in the Western Bay of Plenty and Progressive Containment in other parts of the region. KVH and NZKGI submitted that Progressive Containment be applied across the region instead of Sustained Control in the Western Bay of Plenty.

Sustained Control potentially hinders the current control programme. In support of their submission KVH have agreed to increase industry contribution to controlling wild kiwifruit and, in addition, support surveillance costs. Staff have since worked with KVH to draft a new collaboration agreement to underpin industry’s increased commitment to the management of wild kiwifruit.

This Agreement seeks to continue the collaboration between the Council, industry and landowners to achieve the wild kiwifruit objectives of the RPMP in a cost-effective manner. In doing that the impact of wild kiwifruit on kiwifruit production, and environmental and cultural values will be minimised.

It is proposed that the Agreement has a term of 10 years (with interim reviews) to align with the term of the new RPMP.

The Agreement proposes that annual surveillance and control programmes are developed annually by KVH and Council staff. Council will continue to lead on surveillance work and will also lead any RPMP enforcement that maybe required. Council will also monitor the performance of the programme to determine whether RPMP objectives are being progressed.

KVH will lead wild kiwifruit control work by managing a subsidised control programme to landowners on the basis of the current programme i.e., agencies contribute 75% and Landowners 25% of control costs. Both parties will collaborate to ensure relevant information is shared and new research and operational improvements is supported.

Under the proposed Agreement Council would provide annual funding of $100,000 to KVH to deliver the wild kiwifruit control programme. KVH will contribute $150,000 annually. In addition, KVH will fund half of the annual surveillance costs associated with the programme (approximately $25,000). All funding will be subject to annual CPI adjustments.

Over the term of the agreement Council’s contributions to KVH will be $1,000,000 (in today’s dollars) and as this quantum of funding exceeds staff financial delegations Council approval is needed to proceed.

3. Considerations

3.1 Risks and Mitigations

Risks and mitigations are discussed in the table below:

Risk	Mitigation
Legal	Council legal advisors have been instrumental in the development of Agreement to ensure any liabilities have adequately addressed,
Financial	Funding to support this agreement is already provided for in Council’s biosecurity budget. Should funding become an issue in the future the agreement allows either party to terminate by giving 6 months’ notice.

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

This agreement has minimal implications for Māori. Māori land will have an opportunity to benefit from subsidised control of wild kiwifruit thereby assisting them to comply with RPMP rules. Māori-owned kiwifruit ventures will also benefit from reduced risk of Psa-V due the removal of wild kiwifruit that can act as a reservoir for the disease.

3.4 Community Engagement

INVOLVE

Whakaura

To work directly with affected communities throughout the process to ensure that their issues and concerns are consistently understood and fully considered in Council’s decision making.

3.5 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.

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

4. Next Steps

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

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

Following Council approval, the Agreement will be executed with KVH and implementation will commence.

Attachments

Attachment 1 - BOPRC and KVH Collaboration Agreement 2020 - EXECUTION VERSION ⇩



Report To:	Regional Council
Meeting Date:	29 October 2020
Report Writer:	Jane Palmer, Senior Planner Climate Change
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	To confirm additional budget for climate change projects for the Annual Plan year 2021/21

Climate change budget 2020/21

Executive Summary

At the 6/7 October LTP workshop, Councillors confirmed the Council direction on climate change provided to date and discussed the use of reserve funding for this Annual Plan year to enable early implementation of specific initiatives.

This paper presents the indicative budgets discussed and requests Council approval for $150,000 of additional funding in 2020/21, for climate change initiatives, to be funded from the Equalisation Reserve.

Recommendations

That the Regional Council:

1 Receives the report, Climate change budget 2020/21;

2 Approves additional operational expenditure of $150,000 in 2020/21 for climate change initiatives, and this will be funded by General Funds from the Equalisation Reserve.

1. Introduction

Climate change is one of Council’s strategic priorities and has been a key focus of discussions in the development of the Long Term Plan 2021-2031 (LTP).

At the 6^th and 7^th October 2020 LTP workshop, a climate change paper presented a summary of current and proposed climate change actions along with some opportunities for further initiatives. At the workshop, Councillors were asked to:

· Confirm the direction received at the 12 August LTP workshop “building to bold/transformational steps on climate change over the LTP”

· Consider the alignment of draft Chief Executive Climate Change KPIs (for 2020/21) with the LTP direction

· Note the LTP indicative timings given current budgetary constraints

· Provide guidance on the use of reserve funds this year to bring forward the implementation of selected initiatives.

Councillors were in favour of using $150,000 of reserve funds in order to implement a number of initiatives in the 2021/21 Annual Plan year. This report seeks to confirm this direction and approve the use of the Equalisation Reserve to fund these initiatives.

1.1 Legislative Framework

New Zealand’s response to climate change at a national level is framed by Central Government’s Climate Change Response (Zero Carbon) Amendment Act 2019, which covers both mitigation (reducing greenhouse gas emissions) and adaptation (building resilience and dealing with the impacts of climate change). Under this Act, the Government will establish a system of emissions budgets and reductions plans and a series of national climate change risk assessments and national adaptation plans.

The Resource Management Amendment Act came into force on 30 June 2020, with the climate change provisions coming into force from 31 December 2021. These will require councils to have regard to emissions reduction plans and national adaptation plans when making and amending regional policy statements, regional plans and district plans; and also enable councils to consider discharges to air of greenhouse gas emissions through the consenting process.

1.2 Alignment with Strategic Framework

Safe and Resilient Communities	We provide systems and information to increase understanding of natural hazard risks and climate change impacts.
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.

Climate Change is identified as one of the Council’s strategic challenges. Climate Change is a pan-Council issue that impacts all Council functions and therefore aligns to all four Community Outcomes.

In terms of the specific initiatives to be covered by the proposed additional funding, these align most strongly with the three Outcomes included in the table above.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

Low - Positive

þ Social

Low - Positive

þ Economic

Medium - Positive

The proposed initiatives will primarily affect the Environmental and Economic Well-beings.

Improving the understanding of the climate change impacts and risks for our region will have a high impact on Environmental Well-being, but will also provide positive impacts for the other three Well-beings through enabling our communities to make more informed decisions around how to adapt to predicted climate change impacts.

The impact of supporting business engagement and education around climate change will be primarily on the Economic Well-being through improved business resilience to the changing climate.

2. New climate change projects for 2020/21

The table below identifies the proposed initiatives to be commenced in the current 2020/21 year.

Climate change project	Estimated budget required (2020/21) $000
Climate impact story maps with narrative available on BOPRC website	$20
Development of a regional risk assessment	$80
Partnership with Priority One to support business engagement and education around climate change	$50
TOTAL	$150

Staff recommend the additional operating expenditure of $150,000 is funded from General Funds, from the Equalisation reserve, subject to in-year monitoring of its surplus/deficit.

The development of a BOPRC climate change communications strategy will be covered from existing budgets.

3. Considerations

3.1 Risks and Mitigations

Given the Council declared a climate emergency in June 2019, there is a reputational risk of Council being perceived as not taking urgent action on climate change considered commensurate with an ‘emergency’, noting that some activities for this year were delayed due to COVID-19.

3.2 Climate Change

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

The climate impact story maps and the risk assessment work are specifically focused on anticipating and responding to climate change impacts.

The partnership with Priority One to support business engagement and education around climate change could cover both mitigation and adaptation aspects.

3.3 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.

Climate change is of interest to Māori as it is to the whole community. Māori have particular interests around the impacts of climate change on land and land use – and in climate change adaptation where coastal areas are subject to sea level rise and weather event erosion.

Climate change is beginning to be identified specifically in iwi management plans with the inclusion of natural hazards as a key topic. Providing accessible and useful information around the climate change impacts and risks for the region will facilitate a more informed response by iwi.

There will be Māori businesses who could benefit from engagement and information around climate change through the Priority One projects. This would be a key aspect that we would look to incorporate in the criteria for those projects.

3.4 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.

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

3.5 Financial Implications

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

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

3.5.1 Current Budget Implications

By approving recommendation 2 of this report there will be an increase in operating expenditure of $150,000 million for the 2020/21 year, which is to be funded from General Funds. Staff recommend the Equalisation Reserve is to be used subject to in year monitoring of the surplus/deficit of Council

3.5.2 Future Budget Implications

There is no current budgeted operating expenditure specifically for Climate Change included in any years beyond 2020/21, Council may direct further additional expenditure and how this might be funded through the LTP 2021-2031 process.

4. Next Steps

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

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

Progress on the three new climate change projects will be reported to the Monitoring and Operations Committee through the Climate Change Programme.



Report To:	Regional Council
Meeting Date:	29 October 2020
Report Writer:	Toni Briggs, Project Manager; Daniel Rapson, BOP Harbourmaster/Manager and Stephen Lamb, Environmental Strategy Manager
Report Authoriser:	Sarah Omundsen, General Manager, Regulatory Services
Purpose:	To adopt minor changes to the Bay of Plenty Regional Navigation Safety Bylaw.

Adopt minor changes to the Bay of Plenty Regional Navigation Safety Bylaw 2017

Executive Summary

In June 2020, Maritime NZ updated and consulted on, a minor amendment to the Maritime Rules.

Maritime NZ undertook consultation between 1 July and 24 July 2020 via their website. A notice regarding the consultation was placed in the New Zealand Gazette on 1 July 2020.

The objective of the amendment rules was to improve efficiency of port operations and remove barriers to economic growth and economic recovery, while not compromising existing safety requirements.

Amendments to the national Maritime Rules affect the Bay of Plenty Regional Council Navigation Safety Bylaws in that Bylaws cannot be inconsistent with the national maritime rules.

The amendments to the Maritime Rules (Maritime Rules (Part 90) Amendments 2020) affecting the Bay of Plenty Regional Navigation Safety Bylaw are minimal resulting in only two minor change to the Bylaw.

The minor changes are to clause 1.1 “Title and commencement” and “Schedule 8 “Pilotage” and “Carriage of the Pilot” as outlined in the report.

The amendments are only minor, and consultation carried out by Maritime NZ was at an appropriate level given the specificity and the narrow impact of the changes. The proposed amendments make the Bylaw consistent with the Maritime rules as required by legislation. Therefore, it is the view of staff that further consultation is not required or necessary.

Staff recommend Council adopt the minor changes to the Bylaw, following which staff will amend the Bylaw document and undertake a targeted communications campaign to update the community of the amendments.

Recommendations

That the Regional Council:

1 Receives the report, Adopt minor changes to the Bay of Plenty Regional Navigation Safety Bylaw 2017;

2 Agrees that further regional consultation is not required;

3 Adopts the minor changes to clause 1.1 “Title and commencement” and “Schedule 8 “Pilotage” and “Carriage of the Pilot” as outlined in the report.

1. Introduction

Regional Council is mandated to regulate ports, harbours and waters; and maritime-related activities in the region under the Maritime Transport Act 1994. Council uses Regional Bylaws to outline the Maritime Rules set by Maritime NZ.

In June 2020, Maritime NZ updated and consulted on, minor amendments to the Maritime Rules.

The objective of the amendment rules was to improve efficiency of port operations, and remove barriers to economic growth and economic recovery, while not compromising existing safety requirements.

1.1 Legislative Framework

1.1.1 Maritime Transport Act 1994

The Maritime Transport Act 1994 (MTA) is the primary legislation that describes the role and functions of Maritime NZ. It sets out the legal framework for maritime safety and protection of the marine environment, including:

· licensing of ships and crew

· investigation of maritime accidents

· offences, response for oil spills planning and preparedness

· other aspects of maritime law such as salvage, liability for pollution damage, limitation of liability, and compensation.

The Maritime Transport Act also mandates regional councils to make Bylaws:

(1) For the purpose of ensuring maritime safety in its region, a regional council may, in consultation with the Director, make bylaws to—

1) regulate and control the use or management of ships:

2) regulate the placing and maintenance of moorings and maritime facilities:

3) prevent nuisances arising from the use of ships and seaplanes:

4) prevent nuisances arising from the actions of persons and things on or in the water:

5) reserve the use of any waters for specified persons, ships, or seaplanes:

6) in relation to boat races, swimming races, or similar events,—

i. prohibit or regulate the use of ships:

ii. regulate, or authorise the organisers of an event to regulate, the admission of persons to specified areas:

7) regulate and control the use of anchorages:

8) prescribe ship traffic separation and management schemes:

i. specify requirements for the carriage and use of personal flotation devices and buoyancy aids on pleasure craft:

ii. require the marking and identification of personal water craft.

This Act also provides for the Minister of Transport and Governor General to make maritime and marine protection rules.

These rules contain the detailed standards and requirements that the maritime community is required to comply with.

Under the MTA section 451(7) regional bylaw rules cannot be “… inconsistent with or repugnant to any rule in force…” under the national Maritime Rules, therefore the regional bylaw needs to consistent with the current Maritime Rules Amendments.

1.1.2 Maritime and Marine Protection Rules

The maritime and marine protection rules are statutory instruments (or secondary legislation) made by the Minister of Transport under the Maritime Transport Act 1994.

While the Maritime Transport Act stipulates broad principles of maritime law, the rules contain detailed technical standards and procedures. Compliance with the rules is required because they form part of New Zealand maritime law. Failure to comply with the rules may be an offence under the act.

Maritime rules relate to the safety of ships and people. The rules prescribe requirements for ship design, construction, equipment, crewing, operation and tonnage measurement, and for the carriage of passengers and cargoes. Many of the standards are based on international ship safety conventions.

Rules go through a rigorous drafting, consultation and review process before they become law. Rule amendments go through the same process.

Maritime New Zealand (MNZ) develops maritime and marine protection rules on behalf of the Minister of Transport, under the Maritime Transport Act 1994.

1.2 Alignment with Strategic Framework

Safe and Resilient Communities

We support community safety through flood protection and navigation safety.

The Bay of Plenty Regional Navigation Safety Bylaw direct contributes to and strongly supports, the Kia haumaru kia pakari te hapori, Safe and Resilient Communities Outcome.

The Bylaw is part of the Maritime Programme that strives to keep people safe when undertaking navigation and water activities.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

Low - Positive

¨ Cultural

Low - Positive

¨ Social

Low - Positive

¨ Economic

High - Positive

2. Maritime Rules changes affecting Bay of Plenty Regional Navigation Safety Bylaw 2017

The amendments to the Maritime safety rules (Maritime Rules (Part 90) Amendments 2020) affecting the Bay of Plenty Regional Navigation Safety Bylaw are minimal resulting in only two minor change to the Bylaw.

2.1 Maritime Rules (Part 90) Amendments 2020

Pursuant to s36 of the Maritime Transport Act 1994, the Ministry of Transport, having regard to s39 (2) has changed the Part 90 Maritime rules to improve efficiency of port operations, and remove barriers to economic growth and economic recovery, while not compromising existing safety requirements.

The specific changes in the Maritime Rules document that affect Tauranga Harbour are:

Appendix 1: Pilotage areas and limits-

…in the row headed “Tauranga” replace the third column with:

“500 gross tonnage”…

2.2 Bay of Plenty Regional Navigation Safety Bylaws Amendments

The recommended changes to the bylaws are:

1 Preliminary Provisions

1.1 Title and Commencement

1.1.1 This Bylaw is the Bay of Plenty Regional Navigation Safety Bylaw 2017.

1.1.2 This Bylaw comes into force on 01 July 2017.

1.2.3 This Bylaw was amended on 29 October 2020 under the Maritime Transport Act Maritime Rules (Part 90) Amendments 2020. Schedule 8: Tauranga Pilotage Information has been amended under s 8.1 of the Amendments gazetted September 2020.

1.1.4 Compliance with this Bylaw does not replace the need to comply with other legislation such as the Maritime Transport Act 1994 or Resource Management Act 1991.

1.1.5 This Bylaw is made pursuant to sections 33M and 33R of the Maritime Transport Act 1994.

Schedule 8 – Tauranga Pilotage Information

Pilotage

In accordance with Maritime Rule Part 90, pilotage is compulsory for all vessels over ~~250 gross tonnage~~ 500 gross tonnage in the Tauranga pilotage area (which is that area of the Tauranga Harbour and its approaches, bounded by an arc of a circle of radius three nautical miles, centred on North Rock and to include all the commercial areas of Tauranga Harbour).

Carriage of a Pilot

Every vessel of more than ~~250 gross tonnes~~ 500 gross tonnage shall be required to carry a pilot in accordance with Part 90 of the Maritime rules, unless the master holds a current pilot exemption certificate.

The master of any vessel shall only carry a Pilot duly licensed by Maritime New Zealand for the Port of Tauranga.

The master of every vessel taking a Pilot shall, on demand, show the vessel’s Customs Clearance to the Pilot.

3. Considerations

3.1 Risks and Mitigations

Under the Maritime Transport Act s 451(7) regional bylaw rules cannot be “… inconsistent with or repugnant to any rule in force…” under the national Maritime Rules, therefore the regional bylaw needs to consistent with the current Maritime Rules Amendments. If the Bylaw is not changes by Council the amended Maritime rule still applies.

Thus there are risks in not updating the Bylaw with the new amendments:

Risk	Rating	Mitigation Measure
Reputational - Council is seen as inconsistent with national guidelines and legislation therefore suffers reputational risk.	Moderate	Updating the rules ensures that Council are consistent with national legislation, reducing the likelihood of reputation damage.
Legislative - Council is inconsistent with national legislation - and therefore is at risk of liability	Low	Ensuring the rules are consistent with national legislation ensures that any liability is reduced as much as possible.
Economic - An important objective of the amendments is to remove barriers to economic growth and economic recovery.	low	Updating the rules ensures that Council is consistent with Maritime NZ evaluation that allowing larger vessels to enter and exit the Tauranga Harbour without a pilot will have a positive impact on the local economy.

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

For the purposes of this minor amendment to the Bylaws, staff believe there are no potential implications for Maori.

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.

Maritime NZ undertook consultation between 1 July and 24 July 2020 via their website. A notice regarding the consultation was placed in the New Zealand Gazette on 1 July 2020.

There were 11 submissions during that period, eleven of which were supportive, four which were not supportive or had reservations relating to aspects of the proposal, and three that were seeking additional changes to the rules. Bay of Plenty Regional Council did not submit.

Staff believe that the consultation carried out by Maritime NZ was an appropriate level of consultation with the public, given the specificity and the narrow impact of the changes. Given the number of submissions further regional consultation on this matter is unlikely to produce any further, unique feedback.

As the bylaw cannot be inconsistent with the maritime rules Council is effectively required to make this change to the bylaw. Further consultation is therefore not required or necessary.

3.5 Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget. There would be a very small reduction in resources required to process pilot exemption certificates.

4. Next Steps

Once Council agree to amend the Bay of Plenty Regional Navigation and Safety Bylaws, staff will amend the Bylaw document and undertake a targeted communications campaign to update the community of the amendments.

Attachments

Attachment 1 - Part90-amendment-2020 ⇩