Regional Council Agenda

NOTICE IS GIVEN that the next meeting of the Regional Council will be held in Council Chambers, Regional House, 1 Elizabeth Street, Tauranga on:

Thursday 17 December 2020 COMMENCING AT 9.30 am

This meeting will be recorded.

The Public section of this meeting will be recorded available on the Bay of Plenty Regional Council’s website within 48 hours of the meeting https://www.youtube.com/user/bopregionalcouncil

 

Fiona McTavish

Chief Executive, Bay of Plenty Regional Council Toi Moana

9 December 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.


 

Recording of Meetings

Please note the Public section of this meeting is being recorded and will be uploaded to the Bay of Plenty Regional Council’s web site within 48 hours

All care is taken to maintain your privacy; however, as a visitor in the public gallery or as a participant at the meeting, your presence may be recorded. By remaining in the public gallery, it is understood your consent is given if your image is inadvertently broadcast.

Opinions expressed or statements made by individual persons during a meeting are not the opinions or statements of the Bay of Plenty Regional Council. Council accepts no liability for any opinions or statements made during a meeting.

 


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.


Regional Council                                                                                                      17 December 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

3.1      Raewyn Bennett - Chair of Te Arawa ki Tai Trust will address the Council regarding the challenges facing a Maori Environmental Trust in Maketu

Presented by: Raewyn Bennett (15 minutes allocated)

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 Received

8.2      Regional Transport Committee Minutes - 7 August 2020                    1

8.3      Rangitāiki River Forum Minutes - 4 September 2020                           1

Minutes to be Confirmed

8.4      Regional Council Draft Minutes - 29 October 2020                              1

Minutes to be Received - Continued

8.5      Civil Defence Emergency Management Group Joint Committee Minutes - 25 September 2020                                                                                1

8.6      Rotorua Te Arawa Lakes Strategy Group Minutes - 27 October 2020 1

8.7      Tauranga Moana Advisory Group Minutes - 18 September 2020        1

8.8      Regional Transport Committee - 8 May 2020                                        1

8.9      Regional Transport Committee (Draft) - 7 August 2020                      1

8.10    Te Maru o Kaituna River Authority - 29 May 2020                                1

8.11    Te Maru o Kaituna River Authority - 28 August 2020                           1

8.12    Eastern Bay of Plenty Joint Committee - 22 September 2020            1

8.13    Ōhiwa Harbour Implementation Forum - 22 June 2020                       1

9.       Reports

9.1      Chairperson's Report                                                                               1

Decisions Required

9.2      Funding Regional Safety and Rescue Services through Long Term Plan 2021-2031                                                                                                  1

Attachment 1 - Existing funding of Regional Safety and Rescue Services                   1

Attachment 2 - Regional Safety and Rescue Services funding criteria                         1

Attachment 3 - Proposed Consultation Topic - Funding RSRS through LTP 2021-2031                                                                                                                                                 1

9.3      Adoption for Audit of LTP Consultation Document and Supporting Material                                                                                                     1

Attachment 1 - LTP 2021-2031 Strategic Direction Endorsed by Strategy and Policy Committee                                                                                                                             1

Attachment 2 - LTP 2021-2031 Strategic Framework Diagram                                     1

Attachment 3 - BOPRC Statement of Expectations Quayside Holdings Limited - Draft For Adoption                                                                                                                         1

Attachment 4 - LTP 2021-2031 Activity Structure                                                           1

Attachment 5 - LTP 2021-2031 Draft Consultation Document - Adoption for Audit  1

Attachment 6 - BOPRC Draft Climate Change Position Statement                               1

Attachment 7 - Essential Freshwater Policy Programme – Overview, Scope, and Phases                                                                                                                                    1

Attachment 8 - LTP 2021-2031 Workshops and Content                                               1

Supporting Document 1 - LTP 2021-2031 Draft Groups of Activities Management Plans

Supporting Document 2 - LTP 2021-2031 Draft Volume Two - Adoption For Audit

Supporting Document 3 - LTP 2021-2031 Draft Asset Management Plans

Supporting Document 4 - LTP 2021-2031 Draft Financial Policies and Other Policies

9.4      University of Waikato Science Chair Agreement - 2021-2030            1

Attachment 1 - Draft Memorandum for Approval                                                            1

9.5      Application to the Environment Court on the Bay of Plenty Regional Pest Management Plan                                                                            1

9.6      Adoption of the Flood Protection and Drainage Bylaws 2020            1

Attachment 1 - 20.11.10 FINAL Hearings Panel Decision Report on Proposed Flood  Drainage Bylaws                                                                                                                   1

Attachment 2 - Floodway and Drainage Bylaws 2020 VERSION 5 Council Meeting version Nov 2020 Tracked Changes PDF                                                                          1

Attachment 3 - Floodway and Drainage Bylaws 2020 - FINAL WORD VERSION for adoption                                                                                                                                 1

10.45am: The meeting will move into Public Excluded Session to consider the following confidential agenda items:

10.2:   Quayside Holdings Limited Annual Financial Statements for the year ended 30 June 2020

10.3:   Quayside Holdings Limited Annual Financial Statements for the year ended 30 June 2020

10.8:   Quayside Holdings Limited - Rangiuru Business Park

Meeting will resume in the Public Session

9.7      Annual Report and Annual Report Summary for 2019/20; and Capital Expenditure Budget Carry Forward from 2019/20 to 2020/21           1

Attachment 1 - Bay of Plenty Regional Council  Annual Report Summary 2019/20 for Adoption                                                                                                                                1

Supporting Document 1 - Bay of Plenty Regional Council Annual Report 2019/20 for Adoption

Information Only

9.8      Local Government Funding Agency (LGFA) AGM Update and Quarterly Report for the three months ended 30 September 2020                     1

Attachment 1 - LGFA Quarterly Report to Shareholders  - September 2020              1

9.9      Arotake Tuatahi 2020/21 - Performance Monitoring Report Quarter One                                                                                                            1

Attachment 1 - BOPRC Arotake Tuatahi 2020-21 Performance Monitoring Report July 2020 to September 2020                                                                                                      1

Attachment 2 - Bancorp Treasury Report September 2020 - Public Excluded

Attachment 3 - Toi Moana Trust Treasury Report September 2020 - Public Excluded

9.10    Acting Chief Executive                                                                            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

9.9

Arotake Tuatahi 2020/21 - Performance Monitoring Report Quarter One - Attachment 2 - Bancorp Treasury Report September 2020 - Public Excluded

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.

9.9

Arotake Tuatahi 2020/21 - Performance Monitoring Report Quarter One - Attachment 3 - Toi Moana Trust Treasury Report September 2020 - Public Excluded

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.

10.1

Public Excluded Regional Council Draft Minutes - 29 October 2020

As noted in the relevant Minutes.

As noted in the relevant Minutes.

To remain in public excluded.

10.2

Quayside Holdings Limited Annual Financial Statements for the year ended 30 June 2020

Withholding the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.

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

To remain in public excluded.

10.3

Annual Report of Toi Moana Trust for the year ended 30 June 2020

Withholding the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.

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

To remain in public excluded.

10.4

Process for the appointment of a Councillor Director for Quayside Holdings Limited

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.

10.5

GECC Review and 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.

10.6

Bay of Connections Independent Chairperson Appointment

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).

On the Chief Executive's approval.

10.7

Treaty Settlement Boundary Issue

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; 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.

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

To remain in public excluded.

10.8

Quayside Holdings Limited - Rangiuru Business Park

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

To remain in public excluded.

 

9.9      Arotake Tuatahi 2020/21 - Performance Monitoring Report Quarter One

Attachment 2 - Bancorp Treasury Report September 2020 - Public Excluded

Attachment 3 - Toi Moana Trust Treasury Report September 2020 - Public Excluded

Minutes to be Confirmed

10.1    Public Excluded Regional Council Draft Minutes - 29 October 2020

Decisions Required

10.2    Quayside Holdings Limited Annual Financial Statements for the year ended 30 June 2020

Attachment 1 - Quayside Holdings Limited - Reporting letter to Council

Attachment 2 - Quayside Holdings Limited - Representation Letter

Supporting Document 1 - Quayside Holdings Annual Report 30 June 2020

10.3    Annual Report of Toi Moana Trust for the year ended 30 June 2020

Attachment 1 - Toi Moana Trust Annual Financial Statements for the year ended 30 June 2020

10.4    Process for the appointment of a Councillor Director for Quayside Holdings Limited

Attachment 1 - Policy for the Appointment & Remuneration of Directors to the Boards of Council Subsidiaries

Attachment 2 - Biography for Independent Appointment Panel

10.5    GECC Review and Regional Property Update

Attachment 1 - 20201204 - The Property Group - GECC Risk Resilience report

10.6    Bay of Connections Independent Chairperson Appointment

10.7    Treaty Settlement Boundary Issue

10.8    Quayside Holdings Limited - Rangiuru Business Park

This item will be distributed under a separate cover.

Attachment 1 - Rangiuru Business Park resolution

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 Transport Committee Minutes

7 August 2020

 

Regional Transport Committee

Open Minutes

Commencing:             Friday 7 August 2020, 9.30 am

Venue:                         Council Chambers, Ground Floor, Regional House, 1 Elizabeth Street, Tauranga

Chairperson:               Cr Lyall Thurston

Deputy Chairperson:  Cr Jane Nees

Members:                    Cr Larry Baldock (Alternate)

Mayor Malcolm Campbell

Mayor Steve Chadwick

Cr David Moore (Alternate)

Steve Mutton

Deputy Mayor Faylene Tunui (Alternate)

Mayor Garry Webber

Councillors:                 Cr David Love – Bay of Plenty Regional Council Toi Moana, Cr Stacey Rose – Bay of Plenty Regional Council Toi Moana, Cr Gavin Dennis – Whakatāne District Council

In Attendance:            Inspector Brent Crowe – Road Safety Advisor, Dan Kneebone – Port Advisor, Glen Crowther – Environmental Sustainability Advisor, John Galbraith – Freight Advisor, Glen Crowther – Environmental Sustainability Advisor, Natalie van Rossen – Waka Kotahi NZTA, Cole O’Keefe – Waka Kotahi NZTA

                                    Bay of Plenty  Regional Council: Namouta Poutasi – General Manager, Strategy and Science, Annika Lane – Acting Regional Development Manager, Rachel Pinn - -Contractor, Bron Healey – Principal Advisor, Regional Development, Amanda Namana – Committee Advisor     

Apologies:                  Deputy Mayor Andrew Iles (Alternate) – Whakatāne District Council, Mayor Tenby Powell – Tauranga City Council, Mayor Lyn Riesterer – Ōpōtiki District Council, Mayor Judy Turner – Whakatāne District Council, Chairman Leeder (ex-officio) – Bay of Plenty Regional Council Toi Moana

 

1.     Apologies

Resolved

That the Regional Transport Committee:

1        Accepts the apologies from Deputy Mayor Andrew Iles (Alternate), Mayor Tenby Powell, Mayor Lyn Riesterer, Mayor Judy Turner and Chairman Doug Leeder tendered at the meeting.

Thurston/Webber

CARRIED

 

2.     Public Forum

2.1

Carole Gordon – CG Consulting

Presentation - Public Forum: Carole Gordon - Planning for Tomorrow Today: Objective ID A3600146

 

 

Key Point - Members:

·       Congratulated Carole Gordon for receiving the Members of the New Zealand Order of Merit award (MNZM).

Key Point - Staff

·       The themes raised by Carole Gordon would be considered and discussed under agenda item 7.3 Draft Regional Land Transport Plan 2021 – Strategic Framework and Development Process.

 

 

Items for Staff Follow Up:

·    Staff will review how to emphasise accessibility further within the Regional Land Transport Plan provisions.

 

2.2

Terry Molloy

 

Key Points:

·       Outlined the benefits of road pricing:

o   Encouraged better use of transport systems

o   Saving benefits would come from a reduced demand for infrastructure and a more efficient transport system with less congested corridors

·       The fuel tax would need to be removed to make road pricing viable

·       Vehicles would be charged by kilometres travelled and the time taken to do so, with the basic charge being equivalent to the current fuel tax

·       Each vehicle would have a basic monitor and GPS to tell them what road they were on and the cost involved.  This would be linked to a national system and service stations which was how consumers would pay for this (at the pump)

·       Electric vehicles could have a system similar to how we currently pay tolls

·       There were set up costs but potential cost savings with a more efficient network.

Key Point - Members:

·       Although the Committee was not able to directly influence this initiative, the Ministry of Transport was looking at the funding of the transport network with acceleration of the move to electric cars.

In Response to Questions:

·       New technology meant that ‘pay at the pump’ was a potential option for payment

·       Terry Molloy would appreciate the opportunity to become an advisor to the Committee in the capacity of the Automobile Association to attend and contribute to meetings.

 

3.     Declaration of Conflicts of Interest

Nil

4.     Minutes

Minutes to be Confirmed

4.1

Regional Transport Committee Minutes - 8 May 2020

 

Resolved

That the Regional Transport Committee:

1        Confirms the Regional Transport Committee Minutes - 8 May 2020 as a true and correct record.

Campbell/Webber

CARRIED

 

5.     Reports

5.1

Chairperson's Report

Chairperson Lyall Thurston presented this item.

Key Point - Members:

·       Including future reports on National Policy Context would not be necessary.

 

Resolved

That the Regional Transport Committee:

1        Receives the report, Chairperson's Report.

Webber/Nees

CARRIED

 

5.2

Waka Kotahi NZ Transport Agency Update

Presentation - Waka Kotahi NZTA Update: Objective ID A3598904

Director Regional Relationships Steve Mutton presented this item, supported by Principal Planning Advisor Cole O’Keefe.

Key Points - Members:

·       Acknowledged the efforts of Waka Kotahi NZTA in changing business processes and upgrading the standard of support to the Committee and to the Regional Land Transport Plan (RLTP)

·       Expressed concern over delays in receiving information and the impact this had on timeframes

·       To achieve significant transport emission reductions, the RLTP’s of Waikato and Bay of Plenty Regional Councils needed to be aligned in relation to rail.

In Response to Questions

·       The relationship with KiwiRail was stronger and as rail was now an Activity Class within the Government Policy Statement (GPS), it was more closely linked with the focus on corridors, mode neutrality and how to best move people and freight

·       There was value in adding greater strength to the RLTP rail proposals

·       Discussions were still underway with KiwiRail regarding Regional Transport Committee representation

·       There was a rail network investment proposal that would flow through to the RLTP, for which timeframes were still being confirmed.

 

Resolved

That the Regional Transport Committee:

1        Receives the report, Waka Kotahi NZ Transport Agency Update.

Mutton/Chadwick

CARRIED

 

 

10.37 am – the meeting adjourned.

10.50 am – the meeting resumed.

 

Decisions Required:

5.3

Draft Regional Land Transport Plan 2021 - Strategic Framework and Development Process

Presentation - RLTP 2021 - Vision, Problems, benefits and objectives: Objective ID A3600120

Contractor Rachel Pinn, Principal Advisor Regional Development Bron Healey and Acting Regional Development Manager Annika Lane presented this item.

Key Points - Members:

·       Maintaining the integrity of the Auckland-Rotorua rail line could be beneficial for a tourism link

·       Important to be mindful that this was a competitive bid being put in to a national land transport fund

·       All four well-beings should be outlined in the Benefit Statements

Key Point - Staff:

·       The Transport Team would capture the direction provided and update the relevant provisions to provide a finalised draft to the Committee before being released for consultation.

 

Resolved

That the Regional Transport Committee:

1        Receives the report, Draft Regional Land Transport Plan 2021 - Strategic Framework and Development Process;

2        Confirms the direction provided at the 24 June 2020 workshop in relation to the vision, benefit and problem statements, objectives and ten-year transport investment priorities;

3        Notes the development of the Regional Land Transport Plan 2021 is subject to the release of central government policy which will have implications for the timing of consultation on the draft plan.

Webber/Campbell

CARRIED

 

 

5.4

Draft Regional Land Transport Plan 2021 - Funding and Prioritisation Process

Presentation - RLTP 2021 - Funding and Prioritisation: Objective ID A3600122   

Contractor Rachel Pinn presented this item.

Key Point:

·       A workshop to review this had been scheduled for 28 October 2020.

 

Resolved

That the Regional Transport Committee:

1        Receives the report, Draft Regional Land Transport Plan 2021 - Funding and Prioritisation Process;

2        Adopts the nationally consistent approach developed by the Local Government NZ Transport Special Interest Group in conjunction with Waka Kotahi as the basis for prioritising significant activities in the draft RLTP 2021.

Nees/Baldock

CARRIED

 

Information Only:

5.5

Regional Land Transport Plan - Implementation Report

Principal Advisor Regional Development Bron Healey presented this item.

Key Points - Members:

·       Scope, time and cost should be included in the report

·       Rotorua Lakes Council was spending against their targets and there were now 30km of cycleways and an 81 % increase in cycling.

In Response to Questions

·        New infrastructure projects would likely be in the plan currently being developed

·        Any cycleway funding still available nationally for this financial year would come down to project readiness.

 

Resolved

That the Regional Transport Committee:

1        Receives the report, Regional Land Transport Plan - Implementation Report.

Thurston/Webber

CARRIED

 

5.6

Bay of Plenty Mode Shift Plan

Natalie van Rossen and Cole O’Keefe from Waka Kotahi NZ Transport Agency and Contractor Janeane Joyce presented this item.

Key Points:

·       The Mode Shift Plan included a regional component before focusing on the Sub-Regions, starting with the Western Bay of Plenty then Rotorua, before moving to the Eastern Bay of Plenty at the start of 2021

·       Next steps – the document would be signed off internally by Waka Kotahi and regular updates would be provided to the Transport Minister.

In Response to Questions:

·       This was a guiding document encapturing all modes, as well as a tactical document for the partners to illustrate Waka Kotahi’s commitment to achieving mode shift

·       It would guide the Regional Public Transport Plan, the RLTP and other strategic documents

·       The Mode Shift Plan was a live document that would be updated over time with feedback received.

 

Resolved

That the Regional Transport Committee:

1        Receives the draft report, Bay of Plenty Mode Shift Plan;

2        Endorses the direction of the Bay of Plenty Mode Shift Plan regional framework and Western Bay of Plenty section;

3        Notes the development of the Rotorua Lakes section of the Plan by December 2020 and Eastern Bay of Plenty section by early 2021;

4        Notes the Public Transport Committee Workshop for the Bay of Plenty Mode Shift Plan to be held following the meeting on 27 August 2020.

Webber/Nees

CARRIED

 

5.7

Verbal Update from Committee Members and Advisors

Cr Gavin Dennis on behalf of Whakatāne District Council

Key Points:

·       Whakatāne District Council’s access programme investigating current and future traffic movements into and through Whakatāne was progressing well

·       Walking and cycling strategy ‘Active Whakatāne’ was nearing completion

·       Seeking support for partnership with BOPRC in development of regional cycle trail infrastructure across the district, including Kawerau to Rotorua

·       Updated projects including Kia Kaha Covid-19 project

·       Wainui Road safety improvements were well underway

·       Eastern Bay Road Safety Committee was disestablished and another group would be established consisting of governance and operations representatives.

Mayor Malcolm Campbell - Kawerau District Council

Key Points:

·       State Highway 34 Kawerau speed restrictions were becoming more urgent with industrial projects starting to take place

·       Expressed full support for any projects involving cycleways.

Cr Larry Baldock – Tauranga City Council

Key Points:

·        Ngatai Road cycleway project had been opened

·        Ferry investigation was looking promising for Ōmokoroa to Tauranga to the Mount ferry service.

John Galbraith – Freight Advisor

Key Point:

·        Noted that the Kawerau centre for driver training was fully occupied and a large number of short courses were being run as well as outpost training in Ōpōtiki and Murupara.

Mayor Steve Chadwick – Rotorua Lakes Council

Key Points:

·        One of the destination making features underpinning the four well-beings was the value of a cycleway network for visitors both local and from abroad to enjoy a network of on-road and off-road cycleways

·        The contract for bus shelters had been signed off

·        Reinforced the need for a tourism rail link

·        Supported random drug testing to address the influence of drivers under the influence on the roads.

 

Mayor Garry Webber – Western Bay of Plenty District Council

Key Points:

·        Supported cycleway networks as being part of a regional effort

·        Addressed the issue of traffic in Katikati and the necessity to find a solution.

Dan Kneebone – Port of Tauranga Advisor

Key Points:

·        The most significant impact post Covid-19 had been the absence of cruise ships, which would be noticed more significantly over the summer period

·        Freight flows in Totara Street continued to be a major issue that the Port was still advocating prioritisation for

·        Had achieved a 15% carbon reduction.

Cr Jane Nees – Bay of Plenty Regional Council Toi Moana

Key Point:

·        Staff were working on a regional workshop on climate change around the different approaches each district was taking in their climate change plans with the intention of gaining a collaborative view and approach for the region.

 

 

12.07 pm – the meeting closed.

 

 

Confirmed 3 December 2020                                                                                                        

                                                                                                                                   Cr Lyall Thurston

Chairperson, Regional Transport Committee


Rangitāiki River Forum Minutes

4 September 2020

 

Rangitāiki River Forum

Ngā Meneti

Open Minutes

Commencing:             Friday 4 September 2020, 10.30 am

Venue:                         Via Zoom (Audio Visual Meeting)

Heamana

Chairperson:               Maramena Vercoe - Te Rūnanga o Ngāti Manawa

Heamana Tuarua

Deputy Chairperson:  Te Waiti Rangiwai - Te Rūnanga o Ngāti Whare

Ngā Kopounga

Members:                    Miro Araroa – Te Rūnanga o Ngāti Awa

Cr Bill Clark – Bay of Plenty Regional Council

Cr Toi Kai Rākau Iti – Bay of Plenty Regional Council

Cr Stacey Rose – Bay of Plenty Regional Council

Whakaeke Ritete – Te Kotahitanga o Ngāti Tūwharetoa

Cr Wilson James (Alternate) – Whakatāne District Council

Karito Paul (Alternate) - Te Rūnanga o Ngāti Manawa

Cr Alison Silcock – Whakatāne District Council

Ngapera Rangiaho – Tūhoe Te Uru Taumatua

Clifford Te Riini – Ngāti Tūwharetoa (Bay of Plenty) Settlement Trust

Te Hunga i Tae Ake

In Attendance:            Bay of Plenty Regional Council: Chris Ingle – General Manager Integrated Catchments, Mieke Kapa – Land Management Officer (Eastern), Andrew Pawson – Area Engineer, Peter Ellery (Contractor), Charles Harley – Team Leader Eastern Catchments, Bruce Crabbe – Rivers & Drainage Operations Manager, Shari Kameta – Committee Advisor, Hemi Barsdell – Asset Management Specialist, Anaru Vercoe – Strategic Engagement Manager, Jo Watts – Acting Water Policy Team Leader, Micah Butt – Senior Māori Resource Management Advisor, Gina Mohi – Pūtaiao Matauranga, Sanjana France – Communications Partners, Sandy Hohepa – Māori Policy Advisor, Te Rūnanga o Ngāti Manawa: Maxeen Newton – Pou Taiao, Whakatāne District Council: Nicholas Woodley – Manager Project Development and Delivery, Taupō District Council: Sue Mavor – Strategic Advisor Māori

 

                                                      Presenters/Externals: Place Group: Michelle Archer – Project Manager, Morag McKenzie – Director, Waikakariki Limited: Clifford Merriman, Ismael Mitai; Southern Generation Partnership Limited: Peter Mulvihill – General Manager Project Development and Delivery, NIWA: Siobhan Nuri – MSc Student, Trustpower: Ryan Piddington, Jen Spence, Nicola Foran, Lisa Mead

 

Ngā Hōnea

Apologies:                  Tuwhakairiora O'Brien (Alternate) - Te Rūnanga o Ngāti Awa

                                    Cr Kylie Leonard – Taupō District Council

                                                      Whakaeke Ritete (lateness)

                                                      Cr Stacey Rose (lateness/early departure 2pm)

                                                      Te Waiti Rangiwai (early departure 1pm)

                                                      Ngapera Rangiaho (early departure 2pm)
Ivy Kahukiwa Smith – Hineuru Iwi Trust

Cr Kevin Winters – Bay of Plenty Regional Council

1.     Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Miro Araroa, which Clifford Te Riini responded with a mihi.

2.     Opening Announcement

Recording of the Meeting

Forum Chair Maramena Vercoe raised concerns that had been expressed by Iwi members regarding audio and visual recording of the meeting for public viewing. Key concerns raised were: members comments could be sensitive and/or taken out of context and misinterpreted, members wanted a safe environment to express their views without public scrutiny, recording the meeting placed pressure on members and could pose a risk to their mana. Consideration was raised to provide appropriate training for Iwi members on the potential implications of recorded meetings, managing outcomes and professional conduct in preparation for the recording of meetings in the future.

Motion

Resolved

That the Rangitāiki River Forum:

1        Agrees that the meeting not be recorded for the reasons provided.

Vercoe/Rangiwai

CARRIED

10:50 am – Cr Stacey Rose entered the meeting.

3.     Ngā Hōnea
Apologies

Resolved

That the Rangitāiki River Forum:

1        Accepts the apologies from: Tuwhakairiora O'Brien, Cr Kylie Leonard, Ivy Kahukiwa Smith, Cr Kevin Winters, Whakaeke Ritete (for lateness), Cr Stacey Rose (early departure 2pm), Te Waiti Rangiwai (early departure 1pm) and Ngapera Rangiaho (early departure 2pm) tendered at the meeting.

Rangiwai/Rangiaho

CARRIED

4.     Raupapa o Ngā Take
Order of Business

It was noted that Agenda Item 10.1, ‘Forum Membership Appointment’ would be considered after Agenda Item 9.1, ‘Proposed Walkway around Lake Aniwaniwa’ due to the early departure of the Deputy Chair/member for Te Rūnanga o Ngāti Whare.

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

None declared.

6.     Ngā Meneti
Minutes

Ngā Meneti a Ngā Komiti
Minutes to be Confirmed

6.1

Rangitaiki River Forum Minutes - 5 June 2020

 

Resolved

That the Rangitāiki River Forum:

1        Confirms the Rangitaiki River Forum Minutes - 5 June 2020 as a true and correct record.

Rose/Rangiwai

CARRIED

7.     Whakahoutanga Kōrero
Verbal Updates

7.1

Forum Members Verbal Updates

 

Te Waiti Rangiwai

·    Reactivation of Covid-19 Level 2 on 12 August had resulted in office closure for Te Rūnanga o Ngāti Whare, however staff were continuing to respond to public enquiries.

·    The Rūnanga had developed a Covid-19 Pandemic Response Plan to help with managing future mahi, and had called on many relationships over the past three months to assist with key kaupapa.

Clifford Te Riini

·    Work and discussions were ongoing with iwi partners Ngāti Awa and Ngāti Rangitihi on geothermal discharges into the Tarawera River.

·    Future focus regarding the Rangitāiki catchment would be consideration of the Matahina and Aniwhenua Dam resource consent renewals.

Ngapera Rangiaho

·    Hapū engagement was occurring with the Aniwhenua Dam regarding the proposal for sedimentation extraction.

·    Waiohau hapū/community were developing an emergency response plan in alignment with the Galatea community and Aniwhenua Dam plans.

·    Waiohau hapū were keeping in mind the resource consent renewal process that was scheduled in 2026 for Aniwaniwa dam.

·    Waiohau hapū had received a presentation from Cr Silcock and the Galatea Community Group on the proposed walkway for Lake Aniwaniwa, which had been well received. Engagement with the project would be ongoing as a key interest.

Cr Bill Clark

·    Further to the Forum meeting of 5 June 2020, Cr Clark and member Tuwhakairiora O'Brien had reviewed Department of Conservation’s whitebait regulations on the behalf of the Forum. From a Ngāti Awa perspective, Mr O’Brien was not comfortable with the proposal and would provide an update at the next Forum meeting.

·    Rangitāiki-Tarawera River Advisory Group had appointed two new members: Heyden Johnston (an active member of the Thornton community and son of the late George Johnston) and Leeann Waka (Rangitāiki Community Board representative).

Cr Toi Iti

·    An issue had been raised by Mr Pem Bird regarding low groundwater issues at Murupara, which Cr Iti had advised Mr Bird to refer the matter to the Forum Chair and Regional Council staff where appropriate.

Cr Stacey Rose

·    No update to report.

Miro Araroa

·    Discussions were ongoing with Ngāti Tūwharetoa (BOP) Settlement Trust on geothermal discharges into the Tarawera River.

·    Te Rūnanga o Ngāti Awa and affected hapū were in discussions to agree on a way forward in regard to Fonterra consent.

·    Ngāti Awa would be holding annual discussions with Trustpower in regard to environmental flows and impacts on the awa in relation to their consent.

·    Local iwi/hapū members had been actively involved with NIWA’s glass eel sampling on the Rangitāiki awa.

Cr Alison Silcock

·    Cr Silcock and Ngapera Rangiaho had been working closely on matters relating to the Galatea/Waiohau communities and had met with Aniwhenua Dam owners to look at their emergency response plan.

·    Informal engagement and information sharing had commenced with Lake Aniwaniwa landowners on the walkway proposal.

Maramena Vercoe

·    Te Rūnanga on Ngāti Manawa had appointed Maxeen Newton to a new Pou Taiao position.

·    Manawa Tu Work for Life Centre would open on 16 September 2020. Forum members were invited to attend the opening.

·    Over 100 people had registered for work, which had revealed the need for additional resources to support those entering the workforce.

·    Members of the community still required support from the impacts of Covid-19, requiring quick and effective coordination of resources.

 

7.2

Rangitaiki River Forum Covid-19 Contingency Plan

Presented by: Te Waiti Rangiwai, Forum Deputy Chair

 

Key Points:

·      Raised for the Forum’s consideration, developing a Covid-19 Pandemic Response Plan to cover matters of relevance, such as: how meetings should be managed, ensuring attendance of members at hui, and keeping people safe.

·      A Response Plan would ensure that Rangitāiki River Forum whānau had a plan that was meaningful and relevant, which could be referred to when the need arose.

 

Item for Follow Up:

       The Chair noted the matter for consideration at the next Forum meeting.

11:16 am – Whakaeke Ritete entered the meeting.

8.     Whakaaturanga
Presentations

8.1

Proposed Walkway around Lake Aniwaniwa

Presentation: Lake Aniwaniwa Galataea Walking/Cycling Facility - Information Sharing: Objective ID A3614265   

Presented by: Cr Alison Silcock

 

Key Points:

·    The proposed walkway was a project led by the Galatea Community Group for a 11km dual purpose walking/cycling facility around Lake Aniwaniwa, as a recreational resource for the local community and potential visitors.

·    The project had been in the pipeline for a number of years, but was put on hold while attention was given to the flooding impacts on farmers.

·    Long-term goal was to join with other trails, such as the Ngāti Manawa planned trail, Whirinaki Trails, Tūhoe foothills track and other trails in the lower Eastern Bay of Plenty.

·    A map illustrated the starting point and project phases. 

·    The project was supported by Southern Generation, Whakatāne District Council and the Regional Council with funding provided for an initial design concept plan. Further financial contributions would need to be acquired.

·    Highlighted the benefits the walkway would provide to the community to: celebrate the cultural importance of the river and area, improve water quality and aesthetics with native planting, recreational/mobility access and educational, tourism and local employment opportunities.

·    Envisaged the involvement of local volunteers, community and contractors.

·    Galatea Community Group was discussing the proposal with landowners.

·    Welcomed any feedback from the Forum and could provide updates at key project stages.

In response to Questions:

·    Galatea Community Group was in the early stages of information sharing and had not as yet met with the wider community to discuss the proposal, but had made initial contact with landowners and Southern Generation.

·    Had plans to arrange a meeting with Te Uru Taumatua to inform them of the project and seek feedback.

·    Would explore funding opportunities and seek the support and advice of Whakatane District Council and the Regional Council on potential avenues.

·    Iwi would be consulted in regard to wāhi tapu and archaeological sites to ensure they were provided for and protected.

Key Points - Members:

·    The project would be a great benefit to the community.

·    Karito Paul expressed his interest to be involved in the project.

·    Chair Maramena Vercoe and Deputy Chair Te Waiti Rangiwai welcomed the opportunity for Ngāti Manawa and Ngāti Whare to be involved, noting particular regard to the Green Job fund and cultural aspects of the project.

·    Noted for consideration the Ministry for the Environment Jobs for Nature and Provincial Growth Fund as potential funding avenues.

9.     Ngā Pūrongo
Reports

Ngā Whakatau e Hiahiatia Ana
Decisions Required

9.1

Forum Membership Appointment

Key Points - Members:

·    The Chair and members welcomed Karito Paul to the Forum.

·    Mr Paul responded noting it was a privilege to be appointed onto the Forum.

 

Resolved

That the Rangitāiki River Forum:

1        Receives the report, Forum Membership Appointment.

2        Confirms the appointment of Karito Paul onto the Rangitāiki River Forum as the alternate member for Te Rūnanga o Ngāti Manawa.

Rangiaho/Rangiwai

CARRIED

10.   Whakaaturanga
Presentations (Continued)

10.1

Renewal of Non-Scheme Waterway Management Consent

Presentation: Resource Consent 64684 - A consent to enable repair works in streams and waterways in the Bay of Plenty: Objective ID A3622584   

Presented by: Hemi Barsdell, Rivers and Drainage Asset Management Specialist

 

Key Points:

·    Renewal of consent 64684 was currently at the pre-notification stage and anticipated to be notified for public submissions later this year.

·    The consent would apply to all waterways, but would exclude all rivers and drainage maintenance scheme areas (permitted activities under the Regional Natural Resources Plan), and Whirinaki Te Pua-a-Tāne Conservation Park and Te Urewera within the Rangitāiki catchment.

·    The consent would primarily be used when Council was approached by landowners and enabled Council to provide for its statutory functions of providing advice around soil conservation, water quality management and natural hazard mitigation.

·    Work completed under the consent may include: removal of vegetation and sediment build-up, bank erosion repairs, removal of small-scale debris and enhancement work to improve ecosystem habitat.

·    For each work project under the consent, a specific management plan will be prepared prior to work occurring.

·    In response to feedback received from tangata whenua, staff had included proposed conditions within the consent application form to provide for engagement, particularly with tangata whenua.

·    Staff had been engaging with tangata whenua since February 2020 to inform and seek feedback on the consent renewal process.

·    Engagement undertaken to date had included Forum iwi partners, with the exception of Hineuru which staff were following up. 

·    The consent was wide-reaching and related to waterways, therefore staff were keen to engage with Iwi/tangata whenua on the process, and welcomed feedback from any groups that would like to be engaged.

In Response to Questions:

·    Common engagement themes with tangata whenua had focused on: water quality, wāhi tapu, planting of native species to support habitat improvement, and ensuring tangata whenua were consulted where relevant and appropriate.

·    The consent could be used to align with Te Ara Whānui outcomes to improve water quality and enhance habitat.

·    Considered some low cost/low impact improvements could be made to Council’s Environmental Code of Practice (COP) for Rivers and Drainage Maintenance Activities to better achieve some Te Ara Whānui outcomes.

·    Cost of consent in most instances would fall to the applicant (landowner), with up to a 25% maximum contribution from Council in recognition of its statutory functions.

Key Points - Members:

·    Signalled an expectation for Te Ara Whānui goals and objectives to be front of mind in Council mahi, including finding solutions to improve and achieve the naturalness of the Rangitāiki River and its tributaries.

·    Sought consideration for Iwi to be involved when reviewing Council’s Environmental COP.

 

Items for Staff Follow Up:

·    Deputy Chair Te Waiti Rangiwai requested a copy of the proposed consent application form for information.

10.2

Creating fish nursery and rearing habitat on river margins

Presentation: Creating fish nursery and rearing habitat on river margins: Objective ID A3615366   

Presented by: Mieke Kapa, Land Management Officer (Eastern), Peter Ellery (Contractor) and Andrew Pawson, Area Engineer (Rivers and Drainage)

 

Key Points:

·    The document ‘Creating fish nursery and rearing habitat on river margins’ (refer page 23 of the agenda) was primarily targeted as in-house guidance for staff and had since been shared with other regional councils.

·    Creation of fish habitat was most effective during stopbank maintenance.

·    Provided examples of design styles and pond construction created at
Te Huauri o Te Kawa (Kaituna), Ōkorero (Thornton Lagoon), Ferry Road (Whakatāne) and on a farm within the Rangitāiki catchment.

·    A potential new site was being investigated on Regional Council land along the Horomanga Stream margin, with potential opportunity for involvement from Galatea School and the local caregroup.

·    Peter Ellery’s extensive experience of habitat creation had contributed significantly to the development of the guidance document.

·    Mr Pawson gave an overview of river maintenance and soft engineering solutions that were being used on the Rangitāiki awa.

·    Regeneration and layering of willows provided habitat for invertebrate, native fish species, bird life, as well as softening of the water currents.

·    The use of rip-rap rock was avoided where possible, but still needed to be used for further stability particularly where velocity flows were high.

In Response to Questions:

·    The use of willow was carefully considered in terms of having the right tree in the right place and were used because of their speed of growth and bank stabilisation properties.

·    Shrub willows were used for riverbank works which are less invasive and more manageable than crack willow or grey willow.

·    Layered willows were still hinged to the stump, where trench willows were tied down. Trench willows handled levels of flooding more, but could still give way where there was a total loss of bank stabilisation.

·    Planting of natives behind rip-rap was taking place, which provided some habitat for native fish and aquatic species.

·    Eel and fish habitat was apparent along rock rip rap river banks, contrary to popular belief, and having a sloping rip rap bank was considered better for fish and eel habitat than a vertical soil bank.

Key Points - Members:

       Commended Mr Ellery and staff for their work and looked forward to further positive outcomes along the Rangitāiki awa.

 

10.3

Rangitāiki River Wetlands project update

Presentation: Rangitaiki Wetlands Project Update: Objective ID A3615232   

Presented by: Michelle Archer and Morag McKenzie (Place Group), Ismael Mitai and Clifford Merriman (Waikakariki Ltd)

 

Key Points:

·    Rangitāiki Wetland Restoration Project was a 5-year project (2018-2023) co-funded by the Ministry for the Environment’s Freshwater Improvement Fund and the Bay of Plenty Regional Council.

·    Approval had been obtained from the landowners of the three wetlands: Hinengawiri, Karamuramu and Rangipo.

·    Objectives were to: improve indigenous biodiversity of wetlands, reduce pest plants and animals, and build capacity and capability within the local community.

·    Provided an overview of each wetland and progress made on: completion of baseline data/monitoring, groundwork for safe access, initial weed control, and completion of planting at one site.

·    Project highlights were: first year of work completed to high standard, first planting undertaken by local kuia on 16 June, the project was collaborating and working well with landowners and local contractors, local capacity and capability had increased, and were contributing to the local economy.

·    Mr Mitai and Mr Merriman provided background on Waikakariki Limited:

o Contracting company established in 2018 and locally based in Murupara.

o Goal was to create a sustainable community for their whenua and iwi.

o Engaged by the project in June 2019 and involved in all three wetlands.

o Highlights thus far were: employed seven local rangatahi, gained a greater understanding of the natural environment, involved with other services in the community, and created good relationships with local kura and kohanga reo.

o Future goals were to: continue the journey forward, create a sustainable community, create support pathways for local rangatahi and community, form a Rangitāiki River pest management group, and support and work with iwi/Rūnanga.

o Acknowledged Te Rūnanga o Ngāti Manawa in working towards the restoration of the whenua.

Key Points - Members:

·    Congratulated the mahi and efforts of Place Group and Waikakariki Limited.

·    Pleased to see the positive outcomes for local people.

·    Commended the model for building environmental and social impacts.

 

12:51 pm – the meeting adjourned.

 

12:51 pm – Te Waiti Rangiwai withdrew during the adjournment.

 

1:10 pm – the meeting reconvened.

11.   Failure of Quorum

Due to the departure of Te Waiti Rangiwai, Deputy Chair/member for Te Rūnanga
o Ngāti Whare, the quorum was lost and the meeting lapsed and adjourned at
1:10 pm.

Members in attendance were: Chair Maramena Vercoe, Miro Araroa, Cr Bill Clark,
Cr Toi Kai Rākau Iti, Cr Stacey Rose, Whakaeke Ritete, Ngapera Rangiaho, Clifford
Te Riini, Cr Alison Silcock, Cr Wilson James (Alternate), Karito Paul (Alternate).

12.   Items Deferred

Due to a lack of quorum, members convened a workshop to receive an update on the following items, which were deferred to the next meeting of the Forum for receipt.

·      Item 10.2 – Implementation for the National Policy Statement for Freshwater Management

·      Item 10.3 – Rangitāiki Integrated Catchment Programme: Annual Work Plan 2020/21

·      Item 11.1, Verbal Update: Glass Eel Study on the Rangitāiki River – 2020 Preliminary Sampling Results.

 

 

 

Confirmed 4 December 2020                                                                                                        

                                                                                                                                 Maramena Vercoe

Chairperson, Rangitāiki River Forum


Regional Council                                                                                               17 December 2020

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Report To:

Regional Council

Meeting Date:

17 December 2020

Report Authoriser:

Doug Leeder

 

 

Chairperson's Report

 

Executive Summary

Since the preparation of the previous Chairman’s Report (for the 29 October 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

22 October

Meeting with Ray Smith, Director-General Ministry for Primary Industries - Videoconference

Discussed Freshwater Implementation and Farm Plans.

 

Presentation to Rotorua Lakes Council – Rotorua

Quayside and BOPRC provided a presentation covering who we are, challenges and opportunities, achievements so far and what’s ahead.

23 October

Bay of Plenty Mayoral Forum Meeting – Tauranga

An audio recording of the meeting is available on the Bay of Plenty Regional Council YouTube channel and the agenda is on our website. The Forum discussed post-election contact with the new Government, a Bay of Plenty Regional Briefing paper for Ministers, and an update from the Bay of Plenty Chief Executives’ Local Government workshop.  There was also a presentation from Sport Bay of Plenty on refreshed regional spaces and places strategy.

28 October

Iwi Leaders Hui - Tauranga

There was a freshwater update from Te Kāhui Wai Māori, and discussion with Professor Peter Skelton, Chief Fresh Water Commissioner for Freshwater Planning Process.

Freshwater Commissioner Meeting – Tauranga

Discussion with Professor Peter Skelton, Chief Fresh Water Commissioner for Freshwater Planning Process (FPP). Discussed the FPP.

29 October

Certified Organic Kiwifruit Association (COKA) General Meeting - Tauranga

Invited to be a guest speaker, and provided a general update from the BOPRC’s perspective.

1 November

Annual Opotiki/Ohiwa Care Group celebration - Ohiwa

An event at Ōhiwa Beach Holiday Park.  

4 November

Jobs for Nature Reference Group Workshop – Wellington

Attended.

5 November

Kia Kaha Governance Group Meeting - Videoconference

Attended.

10 November

Bay of Plenty Federated Farmers Management Committee Meeting - Edgecumbe

Participated in a panel discussion on Essential Freshwater Package and Ramifications with Dr Jacqueline Rowarth, and Federated Farmers’ Chris Allen.

13 November

Priority One Breakfast Briefing – Tauranga

Briefing from Reserve Bank Chief Economist Yuong Ha. Yuong shared the Reserve Bank’s outlook for the economy and provided insight into the monetary policy tools being used to support the economy and employment during the Covid-19 response.

UNISA Mayors and Chairs Meeting – Videoconference

Chaired by Hamilton City Mayor Paula Southgate, there was an update from Waikato Regional Council staff on the Waste Programme and Circular Economy, a post-election discussion by members on the new Government and policy direction, and updates from UNISA officers.

17 November

Jobs for Nature Reference Group Meeting – Wellington

Attended.

Meeting with the Sustainable Land Use (SLU) Ministers – Wellington

Attended.

18 November

Freshwater Implementation Group Meeting – Wellington

Attended.

19 November

LGNZ Rural and Provincial Meeting – Wellington

Attended.

Kāhui Wai Māori Meeting -  Wellington

Discussed Freshwater mandating and resourcing issues.

20 November

Inaugural Ahuwhenua Trophy Excellence in Māori Horticulture Award Dinner 2020 – Rotorua

This was the first time that horticulture had been included in the 87 year history of the competition. Te Kaha 15B Hineora Orchard were the winners.

24 November

Priority One Strategy Meeting – Tauranga

Discussed Priority One Strategy. 

26 November

Regional Sector meeting with Minister for the Environment Hon David Parker – Wellington

Attended.

Regional Sector Dinner – Wellington

Minister of Agriculture, Biosecurity and Rural Communities, Hon Damien O’Connor also attended. 

27 November

Regional Sector Chairs/Mayors Breakfast Meeting – Wellington

Attended.

Local Government New Zealand (LGNZ) Regional Sector Meeting – Wellington

This is covered in more detail in the following section.

30 November

Meeting with Beef + Lamb NZ – Videoconference

Discussed the Freshwater Implementation Group, process and progress.

Jobs for Nature Meeting – Videoconference

Attended.

Catch-up Meeting with new LGNZ Chief Executive, Susan Freeman-Greene – Videoconference

Commenced CEO position in late September 2020. 

1 December

Meeting with Mayor Garry Webber, Western Bay of Plenty District Council, Deputy-Mayor Tina Salisbury, Tauranga City Council, and SmartGrowth Independent Chairperson Bill Wasley – Tauranga

Discussed the future of SmartGrowth.

2 December

Port of Tauranga Ltd Annual Client Function – Mount Maunganui

Attended.

3 December

LGNZ National Council Meeting (Day 1) – Wellington

Attended.

Jobs for Nature Reference Group Meeting – Wellington

Attended.

National Council Dinner – Wellington

Attended.

4 December

LGNZ National Council Meeting (Day 2) – Wellington

Attended.

3.        Matters of Potential Interest

3.1      LGNZ Regional Sector Meeting

The Regional Sector meeting for regional/unitary council Chairs/Mayors and Chief Executives, was held on 27 November in Wellington. There were updates from LGNZ, National Council and the sector, and also presentations from:

·      Kāhui Wai Māori Chair, Kingi Smiler spoke about implementing te Mana o te Wai and working together to build iwi/Māori capacity.

·      EWater – Marlborough District Council staff spoke about their approach to water allocation, and streamlined transfer intended to allow unutilised water to move freely between water users.

·      Beef + Lamb NZ Chief Executive, Sam McIvor discussed their Environmental Strategy, Essential Freshwater Implementation and farms plans.

·      Hiringa Energy Ltd Strategic Advisor, Dion Cowley and Head of New Business Ryan McDonald spoke about Decarbonising Public Transport with the use of Hydrogen, the opportunities it presents regionally and the alignment to the Government’s vision for decarbonisation. 

 

 

 

 

 

 


 

 

 

Report To:

Regional Council

Meeting Date:

17 December 2020

Report Writer:

Graeme Howard, Corporate Planning Lead and Zhivan Alach, Organisational Performance Manager

Report Authoriser:

Sarah Omundsen, General Manager, Regulatory Services

Purpose:

To seek direction on funding of charitable Regional Safety and Rescue Services through Long Term Plan 2021-2031.

 

 

Funding Regional Safety and Rescue Services through Long Term Plan 2021-2031

 

Executive Summary

This report provides an update on work undertaken in relation to the funding of charitable Regional Safety and Rescue Services. It identifies three options for funding Regional Safety and Rescue Services through the Long Term Plan 2021-2031 and seeks Council direction on which option to progress.

Option One: Continue existing approach

Option Two: Continue existing approach but reconsider at Annual Plan 22/23

Option Three: Consult on establishing a targeted rate to fund services with four consultation question options for “Should the Council introduce a targeted rate to provide funding for charitable regional safety and rescue services?”

§ No

§ Yes up to $200,000 p.a.

§ Yes up to $400,000 p.a.

§ Yes up to $600,000 p.a.

Following direction from Council at this meeting staff will progress the option selected. Final decisions in relation to Council funding of charitable RSRS will be through the deliberation on the LTP 2021-2031 which are scheduled for May 2021.

 

Recommendations

That the Regional Council:

1        Receives the report, Funding Regional Safety and Rescue Services through Long Term Plan 2021-2031.

2        Approves one of the following options for funding of Regional Safety and Rescue Services though LTP 2021-2031

(a)  Option One: Continue existing approach

(b)  Option Two: Continue existing approach but reconsider at Annual Plan 22/23

(c)  Option Three: Consult on establishing a targeted rate to fund services with four consultation question options for Should the Council introduce a targeted rate to provide funding for charitable regional safety and rescue services?

(i)   No

(ii)  Yes up to $200,000 p.a.

(iii) Yes up to $400,000 p.a.

(iv) Yes up to $600,000 p.a.

3        Notes that Council needs to ensure the budget provided to Audit NZ reflects agreed work, so recommended options are either Option One, Option Two or Option 3 (i).

4        Confirms the decision has a medium level of significance as determined by the Council’s Significance and Engagement Policy. Council has identified and assessed different options and considered community views as part of making the decision, in proportion to the level of significance.

 

1.        Introduction

Through the development of its Long Term Plans and Annual Plans, Council regularly receives funding requests from a range of organisations including charities such as Surf Lifesaving NZ and Coast Guard NZ. Through the Long Term Plan (LTP) 2018-2028, a proposal was considered for implementing a regional approach for Council funding of these types of service providers following a similar initiative introduced by Waikato Regional Council. 

Through the Annual Plan (AP) 2019/20, Council included a consultation question on the introduction of a regional funding approach for Regional Safety and Rescue Services (RSRS). This received strong support from the community and was planned to be introduced through either the AP 2020/21 or the LTP 2021-2031. It was put on hold as Council prioritised responses to the Whakaari/White Island eruption in December 2019, and then the response to the impact of COVID-19 in 2020.  

At the Council workshop on 10/11 November 2020, Councillors requested a summary of the RSRS work undertaken to date and options for funding through the Long Term Plan 2021-2031.

1.1      Alignment with Strategic Framework

 

Safe and Resilient Communities

We work with our partners to develop plans and policies, and we lead and enable our communities to respond and recover from an emergency.

The Way We Work

We look to partnerships for best outcomes.

1.1.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

 

¨ Cultural

 

þ Social

Medium - Positive

þ Economic

Medium - Positive

Provision of Safety and Rescue services provided by charitable organisations such as Surf Lifesaving contribute to social wellbeing by protecting our community and visitors to the region, and through this supports economic development in the tourism sector. 

 

1.       Significance

The recommended proposal/decision has been assessed against the criteria and thresholds in Council’s Significance and Engagement Policy, and can be considered:

Medium

The decision is not within existing budgets and does not implement the current long term plan or annual plan.

The financial costs and implications of the decision are not yet known or provided for.

 

2.        Funding Regional Safety and Rescue Services in the Bay of Plenty

At a recent Council workshop, Council requested a summary of the Regional Safety and Rescue Services (RSRS) work undertaken to date and options for funding through the Long Term Plan 2021-2031. This is set out below.

2.1      Background

In the Bay of Plenty, Regional Safety and Rescue Services (RSRS) providers can request funding from Councils, typically as part of a public submission to Council Long Term Plans and Annual Plans. It is estimated that Councils across the BOP region contribute approximately $400,000 in annual funding to RSRS providers. This includes a grant from BOPRC of $30,000 per annum to Surf Lifesaving NZ through the Community Initiatives Fund (CIF) concluding in 2020/21.

The current approach to funding RSRS providers has inherent inefficiencies for providers and Councils, and may contribute to sub-optimal outcomes as it:

•    Provides service organisations little certainty for future funding;

•    Sees services organisations competing against each other for funding;

•    Means service organisations are spending scarce resources applying for funding and lobbying individual territorial authorities;

•    Means funding from territorial authorities to service organisations is limited by each council's position on affordability of rates and fairness, and

•    Means all ratepayers and visitors across the region benefit, but funding only comes from some territorial authorities within the region.

To help address these issues, a consultation question was included in the Bay of Plenty Regional Council Annual Plan 2019/20 Consultation Document which sought feedback on several approaches to funding Regional Safety and Rescue Services.

2.1.1    Annual Plan 2019/20 – Consultation on RSRS funding

Through Consultation on the Annual Plan 2019/20 Council asked the following question. 

How should we support charities that provide regional safety and rescue services, such as Surf Lifesaving New Zealand and Coastguard, in the Bay of Plenty?

The following options were included in the consultation document for community feedback.

·      Annual Plan Option 1: Maintain the status quo – funds allocated to service providers would continue to be administered and distributed by individual territorial authorities.

·      Annual Plan Option 2: Increase Regional Council regional safety and rescue service funding, via a differential targeted rate, with local councils continuing to rating for local services.

·      Annual Plan Option 3: Centralise and increase regional safety and rescue funding – local government funding would be differentially target rated and administered by Regional Council, and would replace funding provided by local councils.

Community feedback 2019/20

The consultation topic in the Annual Plan 2019/20 attracted 225 responses out of the total 317 submissions received. The responses are shown in the graph below.

 

The majority of submitters – 47.6% – supported Annual Plan Option 2, which proposes to increase funding but not to centralise the process. There was also support from 32.9% of submissions for Annual Plan Option 3 which would increase and centralise funding. The remaining 19.6% of submissions supported Option Annual Plan 1 – to maintain the status quo.

In summary, a high majority of submitters opted for increased funding, via either Annual Plan Option 2 or Annual Plan Option 3 (80.5%).

Council direction through Annual Plan 2019/20

Through deliberations on the Annual Plan 2019/20, Council directed staff to work with key stakeholders and attempt to implement a centralised funding approach for Regional Safety and Rescue funding (Option 3) though the next Annual Plan or Long Term Plan. This would mean that other Councils would agree not to fund RSRS services directly and that all Council funding of RSRS would be provided through a centralised fund administered by BOPRC. 

2.2      Regional Safety and Rescue Services funding - LTP 2021-2031

Three options for funding RSRS are set out below. These are:

1.         Continue existing funding approach;

2.         Consult on possible approaches (with four options); or

3.         Continue existing funding but signpost a change in future Annual Plans.

2.2.1    Option One – Continue existing funding approach

This option would indefinitely continue the current funding approach, where regional safety rescue services funds may apply to Regional Council via funding mechanisms such as the Community Initiatives Fund.

2.2.2    Option Two – Continue with existing funding approach for LTP 2021-2031, seek to implement a centralised approach in a future Annual Plan

This option would continue the existing funding approach for one more year and seek to work with Councils across the region to implement a centralised funding approach through a future Annual Plan.

This would likely increase regional safety and rescue funding through future Annual Plans and would be funded through a target rate, administered by Regional Council, and would replace funding provided by local councils.

2.2.3    Option Three – Consult on establishing a targeted rate to fund services

This would involve the following:

·      Council would set a region-wide targeted rate as part of the LTP

·      This targeted rate would in turn fund a mechanism that regional safety and rescue service providers could apply for, provided they meet the policy’s criteria (criteria refer to Attachment 2).

·      Funding applications would be assessed, with Council making decision through the LTP deliberations.

·      BOPRC would clearly communicate to other Councils and to potential service providers that it is introducing this funding option. Territorial Authorities would retain the freedom to fund RSRS services to whatever level they deem appropriate.

·      One possibility is that the overall financial impost to ratepayers across the Bay of Plenty would increase, as Regional Council would be raising a greater amount of funding, and Territorial Authorities might continue to rate at current levels. Council could work to centralise regional funding for RSRS through future LTP or AP processes.

Potential consultation question for LTP 2021-2031

Based on the consultation already conducted as part of Annual Plan 2019/20, and noted above, the following consultation question is recommended:

Question: Should the Council introduce a targeted rate to provide funding for charitable regional safety and rescue services?

If implemented, this would replace the existing ad-hoc mechanisms for funding these services, such as the Community Initiatives Fund. Current funding across the region is approximately $400,000 from all councils. Any amount paid from a Regional Council targeted rate would be offset from current funding (approximately $30,000 per annum) but would potentially be in addition to that rated for by other councils.

Option One: No.

Option Two: Up to $200,000 per annum (approximately $1.73 (GST inc) per household)

Option Three: Up to $400,000 per annum (approximately $3.46 (GST inc) per household)

Option Four: Up to $600,000 per annum (approximately $5.19 (GST inc) per household)

The proposed funding options are guided by the current level of funding provided by councils in the Bay of Plenty and by regional councils in other areas, including Waikato and Northland.

3.        Considerations

3.1      Risks and Mitigations

Council consulted with the community on funding RSRS through the Annual Plan 2019/20, there is a reputational risk to Council with providers of RSRS if Council does not continue to fund RSRS. Risks can be mitigated by providing clear, up to date information to providers of RSRS services.

3.2      Climate Change

The matters addressed in this report are not sensitive to the effects of climate change. Staff have also considered the effect of the initiative on greenhouse gas emissions and recommend that there will be no effect.

3.3      Implications for Māori

Funding of and use of RSRS services impact Māori in the same way as other ratepayers that are in the same property ownership/financial situation. Staff recognise that individual Māori are disproportionately represented in low income groups.

 

3.4      Community Engagement

 

Adobe Systems

CONSULT

Whakauiuia

To obtain input or feedback from affected communities about our analysis, alternatives, and /or proposed decisions.

Community views have been sought on this matter through the Annual Plan 2019/20. Should Council seek to proceed with Option 2, the community will be formally consulted.

3.5      Financial Implications

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

-   Unbudgeted work during the current financial year?

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

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

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

Financial implications are summarised under the various options outlined in section 2.3 of this report and will be considered through deliberation on the LTP 2021-2031 in 2021.

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 direction from Council at this meeting staff will progress the option selected. Final decisions in relation to Council funding of charitable RSRS will be through the deliberation on the LTP 2021-2031 which are scheduled for May 2021.

Attachments

Attachment 1 - Existing funding of Regional Safety and Rescue Services

Attachment 2 - Regional Safety and Rescue Services funding criteria

Attachment 3 - Proposed Consultation Topic - Funding RSRS through LTP 2021-2031  

 


Regional Council                                                                                               17 December 2020

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Regional Council                                                                                               17 December 2020

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Regional Council                                                                                               17 December 2020

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Report To:

Regional Council

Meeting Date:

17 December 2020

Report Writer:

Zhivan Alach, Organisational Performance Manager and Debbie Hyland, Finance & Transport Operations Manager

Report Authoriser:

Karen Aspey, Director, People & Leadership

Mat Taylor, General Manager, Corporate

Purpose:

To gain approval to provide the draft Long Term Plan 2021-2031 consultation document and supporting documents to Audit NZ and to approve the Statement of Expectations for Quayside Holdings Ltd.

 

 

Adoption for Audit of LTP Consultation Document and Supporting Material

 

Executive Summary

This paper recommends adoption of the draft LTP Consultation Document and supporting material to enable auditing of the said document and material to enable progress towards the Special Consultative Procedure and thus eventual adoption of the Long Term Plan 2021-2031. Key content includes:

·           The draft Consultation Document;

·           The updated Strategic Framework;

·           The updated Activity Structure;

·           Draft Volume Two setting out the financial strategy, infrastructure strategy, financial statements, analysis, and policies;

·           Draft Groups of Activities Management Plans setting out performance goals and budgets;

·           Draft Financial Policies and Other Policies;

·           Draft Asset Management Plans.

In addition, the draft Statement of Expectations to Quayside Holdings Limited is included for Council to review and approve.

These documents have been prepared based on guidance received from Councillors at workshops throughout 2020. They must be available to Audit New Zealand as part of their statutory audit.

The results of this LTP audit will be provided to Council on 18 February 2021, at which time Council will be requested to approve a revised LTP document for consultation. During March/April 2021, Council will receive public submissions and then hold hearing and deliberations.

 

Recommendations

That the Regional Council:

1        Receives the report, Adoption for Audit of LTP Consultation Document and Supporting Material.

2        Adopts the updated Strategic Framework noting it replaces the current version.

3        Adopts the Activity Structure for the Long Term Plan 2021-2031 noting it replaces the current version.

4        Approves the Quayside Holdings Limited Statement of Expectations and notes that this will be sent to Quayside Holdings Limited following the adoption of the Long Term Plan for audit and included on Council’s website;

5        Notes that the Draft Financial Strategy and Consultation Document have been prepared to model additional on-lending to Quayside Holdings Limited as requested in a separate confidential item.

6        Delegates to the Chief Executive to incorporate Council’s decision on additional on-lending to Quayside Holdings Limited into all draft Long Term Plan documents prior to them being submitted to Audit New Zealand.

7        Adopts the draft Groups of Activities Management Plans as supporting documents for the Long Term Plan 2021-2031 for submission to Audit New Zealand, incorporating levels of service (performance goals), draft financial estimates for operating and capital expenditure, and resourcing estimates for years one through ten for each activity and group of activities.

8        Adopts the Draft Volume Two as a supporting document for submission Audit New Zealand, incorporating the following strategies, analysis and policies:

(a)  Financial Strategy

(b)  Infrastructure Strategy

(c)  Prospective Financial Statements

(d)  Accounting Policies

(e)  Council Controlled Organisations

(f)   Funding Impact Statement

(g)  Revenue and Financing Policy

(h)  Rates Funding Impact Statement

(i)   Significant Forecasting Assumptions

(j)   Significant Negative Effects

9        Adopts the Draft Financial Policies and Other Policies as a supporting document for submission to Audit New Zealand, incorporating the following policies:

(a)  Revenue and Financing Funding Needs Analysis

(b)  Treasury Policy (incorporating Investment Policy and Liability Management Policy)

(c)  Toi Moana Fund – Statement of Investment Policy and Objectives

(d)  Third Party Infrastructure Funding Policy

(e)  Development Contributions and Financial Contributions Policy

(f)   Remission and Postponement of Rates Policy

(g)  Fees and Charges Policy

10      Notes the draft Fees and Charges Policy 1 July 2021 will be adopted in February 2021 as a full Statement of Proposal for concurrent consultation with the Long Term Plan 2021-2031.

11      Adopts the Draft Strategic Asset Management Plan and Draft Asset Management Plans for submission to Audit New Zealand, incorporating the following plans:

(a)  Rivers and Drainage Asset Management Plan 2021-2071

(b)  Rotorua Te Arawa Lakes Asset Management Plan 2021-2031

(c)  Maritime Operations Asset Management Plan 2021-2031

(d)  Regional Parks and Catchments Asset Management Plan 2021-2031

(e)  Property Asset Management Plan 2021-2031

12      Adopts the Climate Change Position Statement endorsed at the Strategy and Policy Workshop of 10 December.

13      Approves the approach to implementing the National Policy Statement for Freshwater Management 2020 endorsed at the Council Workshop of 10-11 November.

14      Approves the content of the Long Term Plan Consultation Document 2021-2031 – Draft for Audit New Zealand for the purposes of submitting it to Audit New Zealand for the audit process.

(a)  Including directing staff as to whether to include the consultation question proposed in the accompanying paper on funding Regional Safety and Rescue Services

15      Delegates authority to the Chief Executive to make editorial amendments to the draft Long Term Plan Consultation Document 2021-2031 – Draft for Audit New Zealand and supporting documents, if required, prior to them being submitted to Audit New Zealand.

16      Notes the final version of the Long Term Plan Consultation Document 2021-2031, following any amendments required by Audit New Zealand and for graphic design purposes, will be provided to Council for its approval at the meeting of February 2021.

17      Confirms the decision has a medium level of significance as determined by the Council’s Significance and Engagement Policy. Council has identified and assessed different options and considered community views as part of making the decision, in proportion to the level of significance.

 

1.        Introduction

The Consultation Document is an important milestone in the development of our Long Term Plan 2021-2031. It sets out our broad direction over the next ten years, with a focus on the next three, how much that will cost, and the effects we will achieve. It asks the public to provide their views on key issues facing us. It is the legal basis for consultation on the Long Term Plan, and thus must be audited by Audit New Zealand.

This paper seeks Council adoption of the draft Consultation Document and the relevant draft supporting documents required for audit. These include various financial strategies, statements, and policies; activity plans; asset management plans; and the infrastructure strategy.

These documents have been prepared based on the guidance given by Council at various workshops and meetings over the past year (refer Attachment LTP 2021-2031 Workshops and Content for details). The Consultation Document itself provides an overarching summary of the environment within which Regional Council will operate and the areas deemed of the greatest importance.

1.1      Legislative Framework

Bay of Plenty Regional Council is required to have a Long Term Plan under s93 of the Local Government Act. As part of this, it is required to utilise the Special Consultative Procedure, which at (s93(c)(4) requires audit of the draft Consultation Document.

1.2      Alignment with Strategic Framework

The Long Term Plan gives effect to all four Community Outcomes. It also seeks endorsement of a revised Strategic Framework.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

High - Positive

þ Social

High - Positive

þ Economic

High - Positive

The Long Term Plan aims to achieve positive outcomes across all well-beings.

 

1.       Significance

The recommended proposal/decision has been assessed against the criteria and thresholds in Council’s Significance and Engagement Policy, and can be considered:

Medium

The decision is not within existing budgets and does not implement the current long term plan or annual plan.

 

2.        LTP Material for Adoption for Audit

2.1      Consultation Document

The Consultation Document is an important milestone in the development of our Long Term Plan 2021-2031. It sets out our broad direction over the next ten years, with a focus on the next three, how much that will cost, and the effects we will achieve. It asks the public to provide their views on key issues facing us. It is the legal basis for consultation on the Long Term Plan, and thus must be audited by Audit New Zealand.

The Consultation Document must be presented in as concise and simple a manner as possible, while achieving its purpose. It must not be a draft LTP, nor must it include a full version of any of the draft supporting documents. It must clearly show to affected communities, using graphs and charts where appropriate, what is changing, with a particular focus on rates and debt levels.

Council must include a preferred option for any topic on which it is seeking community views, and cost its budget to that option. Councillors will be asked to adopt the Consultation Document only after having adopted all of the supporting information.

2.2      Strategic Framework

During the latter part of 2019 and early part of 2020, the Strategy and Policy Committee revised and reviewed Regional Council’s Strategic Framework. A revised version that retained the four existing Community Outcomes, but further strengthened links to well-being, and which provided a new set of Strategic Priorities, was endorsed by the Strategy and Policy Committee on 25 June 2020.

2.3      Activity Structure

Staff have developed a simplified activity structure with 21 activities organised in seven Groups of Activities. There has been a significant rationalisation of corporate activities, while there has been some re-arrangement of frontline activities to better align with internal organisational structures.

2.4      Groups of Activities Management Plan

Groups of Activities Management Plans (GOAMPs) are “mini-LTPs” for each of Council’s Groups of Activities. They set out alignment with Council’s Strategic Framework, performance goals (levels of service), key projects and programmes, and draft financial estimates for operating and capital expenditure for the duration of the Long Term Plan.

The attached GOAMP for Democracy, Engagement, and Planning corrects an administrative error. For the October and subsequent workshops, the target for the percentage of Council and Committee meetings live streamed to members of the public via a public website was stated as 100%. This should have been 90% (as some meetings are held in facilities that lack the necessary information technology for streaming, such as marae). It also modifies the performance measure for Policy and Planning from the number of proposed Plan Changes and other Policy Statements approved on time to the percentage of proposed Plan Changes and other Policy Statements approved on time, with a target of 100% (full wording in the GOAMP). This is because the initial annual target of two would not reflect actual annual workloads and would likely be lower than the actual work required.

The attached GOAMP for Catchment Management corrects two nomenclature errors relating to pest management. Reduction in wallaby core range area has been corrected to Reduction in wallaby progressive containment area, and Proportion of wallaby satellite populations eradicated has been corrected to Proportion of wallaby satellite populations (outside the progressive containment area) where wallabies are no longer detected. This GOAMP also modifies the performance target for Reduction in wallaby core range area from 10% to 7.5% in year four, and the performance target for The percentage of RPMP programmes that are on-track from 70% to 85% to reflect the changes in the number and status of pest programmes associated with the new Regional Pest Management Plan.

The attached GOAMPs for Democracy, Engagement, and Planning, and Support Services, do not currently have specific performance goals (levels of service) for the Māori Policy activity and the Corporate Support activity. They will be added at a later date following completion of supporting work.

2.5      Quayside Holdings Limited Statement of Expectations

The Statement of Expectations sets out Bay of Plenty Regional Council’s expectations of the 100% Council Controlled Organisation Quayside Holdings Limited. The updated draft Statement of Expectations is attached to this report.

Shareholders in a CCO may prepare a statement of expectations that specifies how the organisation is going to conduct its relationships with shareholding local authorities, communities, iwi, hapū and other Māori organisations and requires the organisation to act consistently with its statutory and shareholder obligations. The statement of expectations must be published on the Internet.

This section is consistent with other amendments introduced by the Local Government 2002 Amendment Act 2019 that are designed to increase transparency and accountability of CCOs, both to their shareholding councils and also to the community that they serve.

Quayside Holdings Limited have requested additional on-lending, and this is discussed in a separate confidential item. Staff have provisionally included this additional on-lending in the draft Consultation Document and Financial Strategy and confirm that this will not breach any financial prudence benchmarks.

Delegation to the Chief Executive is requested to update all auditable materials with Council’s decision on whether to approve this additional on-lending request.

2.6      Draft Volume Two

The Long Term Plan will consist of two volumes. Volume Two will contain detailed financial information, including the following:

2.6.1    Draft Financial Strategy

Council is required to adopt a Financial Strategy pursuant to LGA s101A. The purpose of the Financial Strategy is to facilitate prudent financial management and provide a guide against which to consider proposals for funding and spending. The strategy also provides a framework for engaging with the community on the impact of the proposals. It includes statements on factors that could have significant impact on Council; quantified limits on rates and debt; and an assessment of Council’s ability to provide and maintain levels of service. As part of workshops, Council gave guidance on the Financial Strategy.

2.6.2    Draft Infrastructure Strategy

Council is required by LGA s101B to prepare and adopt an Infrastructure Strategy, covering a period of at least 30 years, for its flood protection and control schemes. The strategy identifies significant infrastructure issues and options for managing these, including estimating costs. Council considered a draft Infrastructure Strategy at the November workshop.

2.6.3    Prospective Financial Statements

Council is required by LGA Schedule 10 to include Prospective Financial Statements for at least a ten year period. LGA s96 requires them to be audited, and as part of this, they must be prepared in accordance with the Tier 1 Public Benefit Entity accounting standards to meet Generally Accepted Accounting Practice.

The Prospective Financial Statements consist of:

•   Prospective Statement of Comprehensive Income and Expense

•   Prospective Statement of Financial Position

•   Prospective Statement of Cashflow

•   Prospective Notes to the Accounts

The Prospective Financial Statements have been prepared from the draft budget considered by Council at its workshop on 10-11 November 2020 incorporating the direction and the current status of matters. The Prospective Financial Statements have been fully reconciled (incorporating minor adjustments) to this draft budget

2.6.4    Draft Accounting Policies

There are no substantive changes proposed to the Draft Accounting Policies.

2.6.5    Draft Funding Impact Statements

Council is required by LGA Schedule 10 to include Funding Impact Statements for each Group of Activities. These statements identify the amount and sources of funding and how the funds will be applied.

The Long Term Plan must include a Funding Impact Statement for the Council as a whole, and Funding Impact Statements for each group of activity. The Funding Impact Statements must be presented in accordance with the layout specified in the Local Government (Financial Reporting and Prudent) Regulations 2014 (Forms 2 & 3 of Schedule 2).

The Funding Impact Statements show sources and uses of funds in delivery of both the operating and capital programmes within an activity, or Council as a whole, over the Long Term Plan.

The Draft Funding Impact Statements have been fully reconciled to the draft budget presented to Council at its workshop on 10-11 November (incorporating minor adjustments) and are included in Draft Volume Two/Rua.

2.6.6    Draft Revenue and Financing Policy

Council is required by LGA s102 and s103 to adopt a Revenue and Financing Policy. The Revenue and Financing Policy presents Council’s policies for financing its planned groups of activities, including proposed funding sources.

The Draft Revenue and Financing Policy is supported by the Draft Funding Needs Analysis. The Draft Revenue and Financing Policy has been updated based on direction from Council at its workshops during 2020. It is included in Draft Volume Two/Rua.

2.6.7    Draft Forecasting Assumptions

Council is required by LGA Schedule 10 to include Significant Forecasting Assumptions in its Long Term Plan.

2.6.8    Draft Significant Negative Effects

Council is required by LGA Schedule 10 to state the significant negative effects that any activities have on the community. The Draft Significant Negative Effects are included in Draft Volume Two/Rua.

2.7      Draft Financial Policies and Other Policies

Council requires a set of supporting financial and other policies. These are as follows:

2.7.1    Draft Fees and Charges Policy

The Draft Fees and Charges policy includes:

·      All the Resource Management Act section 36 fees and charges

·      All applicable Building Act charges

·      All fees and charges for the Floodway and Drainage Bylaw

·      An update to the Port Charge for the Navigation Safety Bylaw

·      General charge out rates for any other cost recoverable work

Resource Management Act and Building Act charges include changes that were deferred for 2020/21 because of COVID-19. Other changes include changes to frequencies and categories of compliance monitoring based on the level of environmental risk and updated costs to adequately recover costs.

Bylaw fees and charges have been included for the first time as this is more administratively efficient than requiring a full bylaw review to prior to an update. This is permitted under LGA s150(3)(b).

A full Statement of Proposal will be prepared for concurrent consultation with the Long Term Plan.

2.7.2    Draft Funding Needs Analysis

This Draft Funding Needs Analysis supports the Draft Revenue and Financing Policy providing the background and analysis to explain Council’s funding decisions, which are yet to be finalised. It is guided by the financial principles documented in the Draft Financial Strategy.

Council must comply with LGA s101(3). For each activity Council must determine the appropriate sources of funding that will meet the funding needs of each activity. Council will take into consideration:

•   The community outcomes to which the activity primarily contributes;

•   The distribution of benefits between the community as a whole, any identifiable part of the community and individuals;

•   The period in or over which those benefits are expected to occur;

•   The extent to which the actions or inaction of particular individuals or a group contribute to the need to undertake the activity;

•   The costs and benefits, including consequences for transparency and accountability, of funding the activity distinctly from other activities;

Once the above analysis is done, Council must then consider the overall impact of any allocation of liability for revenue needs on the community.

The Draft Funding Needs Analysis contains a general assessment of operating and capital funding for each of against these factors.

The Draft Funding Needs Analysis has been updated based on guidance from Council at its workshops during 2020.

2.7.3    Draft Treasury Policy (includes Draft Investment Policy / Draft Liability Management Policy) and Draft Statement of Investment Policy and Objectives for the Toi Moana Fund

The purpose of the Draft Treasury Policy is to outline Council’s principles for the treasury activity.

The Draft Treasury Policy identifies the policies of Council in respect of treasury management activities. The scope includes Council’s Draft Investment Policy as well as the Draft Liability Management Policy, as required by LGA s 102, 104, and 105.

The objective of the Draft Treasury Policy is to control and manage costs and investment returns that can influence operational budgets, public equity and the setting of debt levels.

Council has ultimate responsibility for ensuring that there is an effective policy for the management of its risks. In this respect, Council decides the level and nature of risks that are acceptable. Council may delegate all or any of the treasury monitoring to a Council-specified committee or the Chief Executive.

The purpose of the Toi Moana Fund – Statement of Investment Policy and Objectives is to provide the policy framework for Council to effectively supervise, monitor and evaluate the management of its $45 million Toi Moana Fund.

2.7.4    Draft Third Party Infrastructure Policy

The purpose of the Draft Third Party Infrastructure Funding Policy is to:

•   Inform potential applicants of the process, key considerations, and limitations of funding for applications to the Council for a contribution towards new infrastructure costs.

•   Guide staff analysis and Council decision making processes on applications for Council to contribute funding for new assets that are not owned by Council.

•   Ensure that Council decision making meets the requirements of the Local Government Act and is consistent with other relevant Council policies.

The Draft Third Party Infrastructure Policy has been updated based on direction from Council at its workshops during 2020.

2.7.5    Development Contributions and Financial Contributions Policy

Under LGA s102(2)(d), Council is required to have a policy on financial contributions and development contributions. Only territorial authorities have the statutory ability to charge development contributions therefore Council cannot charge development contributions. This policy summarises Council’s specific policies for financial contributions. The Draft Development Contributions and Financial Contributions Policy has been updated for minor amendments.

2.7.6    Remission and Postponement of Rates Policy

The Council may remit rates in accordance with a rates remission policy as set out in LGA s102 (3) and Section 85 of the Local Government (Rating) Act 2002. It must state the objectives sought to be achieved by the remission/postponement, and the conditions and criteria for rates to be remitted/postponed. Minor changes have been made to the existing policy.

The Draft Remission and Postponement of Rates Policy has been updated and the rates remission policies of the seven city and district councils who will collect regional rates in LTP Year 1 or 2021/2022 are included.

2.8      Asset Management Plans

Asset Management Plans set out Council’s approach to the long term management of capital assets, including approaches to acquisition, renewal, and disposal. Council has five tactical Asset Management Plans and a draft Strategic Asset Management Plan. The tactical Asset Management Plans are:

• Draft Rivers and Drainage Asset Management Plan 2021-2071

• Draft Rotorua Te Arawa Lakes Asset Management Plan 2021-2031

• Draft Maritime Operations Asset Management Plan 2021-2031

• Draft Regional Parks and Catchments Asset Management Plan 2021-2031

• Draft Property Asset Management Plan 2021-2031

3.        Related Material

3.1      Climate Change Position Statement

The Strategy and Policy Committee at their workshop of 10 December 2020 will consider a revised Climate Change Position Statement to guide Council’s advocacy activities and ensure consistency across council-led initiatives. Their guidance will be incorporated into a further revised statement that will be provided to Councillors prior to the Council meeting.

3.2      Essential Freshwater Policy Programme

Council at its workshop of 10-11 November gave guidance to complete the implementation of the National Policy Statement for Freshwater Management 2020 by July 2024. The Essential Freshwater Policy Programme – Overview, Scope, and Phases is summarised in the attachment.

3.3      Public Transport Committee Considerations

At the Public Transport Committee of 27 November 2020, Councillors noted a desire to pursue options for consultation on improving bus patronage in Rotorua. Options for this include consultation alongside the Regional Land Transport Plan (RLTP) in 2021, or an alteration to the Consultation Document at the February 2021 Council meeting, or a parallel consultation undertaken at the same time as the Long Term Plan consultation process, but not as part of the Special Consultative Procedure.

4.        Considerations

4.1      Risks and Mitigations

If the recommendations of this paper are not accepted by Council, there will be consequent delays to further phases. This will create risk relating to delivering the final Long Term Plan by the legislative deadline.

4.2      Climate Change

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

4.3      Implications for Māori

Consultation and engagement will incorporate a focus on iwi/Māori to ensure their views are incorporated into the final Long Term Plan. More detailed implications for Māori are covered in specific supporting documents where appropriate.

4.4      Community Engagement

Adobe Systems

CONSULT

Whakauiuia

To obtain input or feedback from affected communities about our analysis, alternatives, and /or proposed decisions.

 

Following adoption for audit, the Consultation Document will be revised. It will then be presented to Council for adoption in February. Once adopted, the document will be used for a consultation period of not less than one month that will meet all legislative requirements for a Special Consultative Procedure.

The Consultation Document and supporting material have been prepared under the current Significance and Engagement Policy. The Significance and Engagement Policy is under review by the Strategy and Policy Committee and it is possible that engagement in 2021 will be undertaken under the auspices of this updated policy.

4.5      Financial Implications

The financial implications of adoption are covered in detail in the Prospective Financial Statements contained in the Draft Volume Two. Adoption of the Consultation Document has no financial implications for the current year’s budget.

5.        Next Steps

Once adopted, the Draft Consultation Document and supporting material will be provided to Audit New Zealand for their audit.

Once that audit is completed, the Consultation Document will be revised and presented to Council for adoption in February 2021, along with the Statement of Proposal for Fees and Charges. If adopted, the Consultation Document and the Fees and Charges Statement of Proposal will be used for the Special Consultative Procedure required by the Local Government Act.

The Statement of Expectations for Quayside Holdings Limited will be sent to Quayside following adoption by Council, and published on the Council’s website.

Attachments

Attachment 1 - LTP 2021-2031 Strategic Direction Endorsed by Strategy and Policy Committee

Attachment 2 - LTP 2021-2031 Strategic Framework Diagram

Attachment 3 - BOPRC Statement of Expectations Quayside Holdings Limited - Draft For Adoption

Attachment 4 - LTP 2021-2031 Activity Structure

Attachment 5 - LTP 2021-2031 Draft Consultation Document - Adoption for Audit

Attachment 6    BOPRC Draft Climate Change Position Statement

Attachment 7    Essential Freshwater Policy Programme – Overview, Scope, and Phases

Attachment 8    LTP 2021-2031 Workshops and Content

Supporting Document 1 - LTP 2021-2031 Draft Groups of Activities Management Plans

Supporting Document 2 - LTP 2021-2031 Draft Volume Two - Adoption For Audit

Supporting Document 3 - LTP 2021-2031 Draft Asset Management Plans

Supporting Document 4 - LTP 2021-2031 Draft Financial Policies and Other Policies  

 


Regional Council                                                                                               17 December 2020

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Regional Council                                                                                               17 December 2020

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Regional Council                                                                                               17 December 2020

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Regional Council                                                                                               17 December 2020

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Regional Council                                                                                               17 December 2020

 

Item 9.3

Supporting Document 1

LTP 2021-2031 Draft Groups of Activities Management Plans


Regional Council                                                                                               17 December 2020

 

Item 9.3

Supporting Document 2

LTP 2021-2031 Draft Volume Two - Adoption For Audit


Regional Council                                                                                               17 December 2020

 

Item 9.3

Supporting Document 3

LTP 2021-2031 Draft Asset Management Plans


Regional Council                                                                                               17 December 2020

 

Item 9.3

Supporting Document 4

LTP 2021-2031 Draft Financial Policies and Other Policies


 

 

 

Report To:

Regional Council

Meeting Date:

17 December 2020

Report Writer:

Helen Creagh, Rotorua Catchments Manager

Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Purpose:

To seek approval of Council for an Agreement with the University which underpins the research programmes of the two Chairs of Science for the period 2021-2030 (to supersede the previous agreement).

 

 

University of Waikato Science Chair Agreement - 2021-2030

 

Executive Summary

Approval of Council is sought to a refreshed Agreement with the University of Waikato relating to the co-funding of the Coastal and Freshwater research programmes within the Toi Moana rohe, including the Chair positions for each. The Memorandum has recently been refreshed and the term extended in line with the Council’s Draft Long Term Plan 2021-2031. The recruitment for a Chair in Lake and Freshwater Science will commence in the new year, subject to the approval of Council of this Agreement. 

 

Recommendations

That the Regional Council:

1        Receives the report, University of Waikato Science Chair Agreement - 2021-2030.

2        Notes that the value of the Memorandum of Agreement is up to $720,359 per annum (with inflation adjustments to be negotiated as required) for ten years with a total value of approximately $7,203,590. This exceeds the Chief Executive’s delegation limit of $400,000 as defined in the Council’s Chief Executive Delegations Manual.

3        Notes that this spend is provided for in Council’s current Draft Long Term Plan budget 2021-2031.

4        Provides the Chief Executive with the delegated authority to approve the final Memorandum of Agreement.

 

1.        Introduction

Councillors are aware that since the early 2000’s the Regional Council has had a relationship with the University of Waikato, part-funding two programmes of science and research in the coastal and lake environments – including a Chair of Science for each.

The Programmes of science to which this agreement relates, are co-funded by the Regional Council. The Programmes lead research and innovation and provide advice to the work of the Regional Council across the Coastal, Freshwater and Lake environments of the Bay of Plenty. At its September meeting the Operations and Monitoring Committee heard from the University in relation to the value of the relationship to both organisations and the vision for the future.

Some Councillors may also recall that an independent review of the agreement was undertaken in 2017. That review was undertaken by ForeConsulting and was presented to the Regional Direction and Delivery Committee in September 2017. Key findings of the review included that the achievements and volume of outputs of the Chairs were significant, both had performed to internationally leading standards and that the Regional Council has received exceptional value as a result. It was also found that significant value is being generated beyond scientific outputs.

With the release this year of the Crown’s Action for Healthy Waterways package, including the National Policy Statement for Freshwater Management, and the need for the University to commence recruitment for a Chair of Freshwater and Lake Science, staff of Toi Moana have worked with the University to refresh the Agreement document in line with the current operating environment. This refreshed Agreement includes largely operational and clarification improvements, including some general terms and conditions and a proposed extension to the term of the Agreement to support the upcoming recruitment.

1.1      Legislative Framework

This Agreement assists Council to meet its legal obligations under the Resource Management Act and Local Government Act by providing programmes of science, research and innovation to support the obligations of Toi Moana in the management of the coastal, freshwater and lake environments. As above, these Programmes help Toi Moana to respond in an informed and timely way to the challenges and opportunities of our work, and this has been demonstrated by the success of the relationship with the University over the last 20 years.

1.2      Alignment with Strategic Framework

 

A Healthy Environment

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

Freshwater for Life

Good decision making is supported through improving knowledge of our water resources.

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 use robust information, science and technology.

This partnership with the University of Waikato enables us to create a large body of science and skills in the Bay of Plenty to respond to challenges and opportunities and effectively support decision making and communication in the management of our Coastal, Lake and Freshwater environments.

This research work requires a strategic and long term approach and this enduring partnership with University has provided significant benefit to the Regional Council as assessed by the 2017 review and as Council recently heard at the Operations and Monitoring Committee.

The new refined agreement presented here for approval enables that relationship to continue for the term of the next Long Term Plan and refreshes the Agreement to best support the upcoming recruitment of a Lake and Freshwater Chair.

 

 

 

 

 

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

Medium - Positive

þ Social

Medium - Positive

þ Economic

Medium - Positive

 

This Agreement supports all of the dominant well-beings of our community. From its primary purpose which is research to underpinning our environmental work. As Councillors have heard recently it provides opportunities for our local people in further education and research, it supports research into innovations that provide opportunities for our local economy and it helps us manage our natural resources in accordance with the desires of our community.

 

2.        Summary of Key Changes to Current Agreement

The Agreement for which approval is sought here is largely the same as the existing Agreement with a few changes to improve the way it operates for staff at both organisations.

The Agreement has been reviewed in detail by Council’s in house legal team and incorporates all feedback from them.

Some changes to the existing agreement are noted here:

·      Te Reo names for both Chair positions, Toihuarewa – Takutai for the Coastal Chair and Toihuarewa – Waimaori for the Freshwater and Lakes Chair,

 

·      Ensuring the agreement covers the whole freshwater resources/rohe of Toi Moana, so that all of these resources are ‘in scope’ for the research programme.

 

 

 

·      Extending the agreement for 10 years, this aligns to the budget in the Long Term Plan 2021-2031 and is also an important aspect of the upcoming recruitment for the Freshwater/Lakes position, in terms of getting the right person and them being able to see a clear opportunity in the position.

 

·      The funding provided does not cover the total cost of the providing the research programme, the University seeks the remainder of this from other funding partners. This Agreement with the University assists in bring more research funding into the Bay of Plenty rohe.

 

3.        Considerations

3.1      Risks and Mitigations

There are not considered to be any significant risks associated with the approval of this Agreement. The Agreement has had input from Council’s legal team and provides staff with the tools needed to manage the relationship with the University to provide the best outcomes for Council, over the proposed term of the Agreement.

3.2      Climate Change

Both Chair roles are considered an important factor in the

 

Mitigation

Adaptation

Reduce GHG emissions

Produce GHG emissions

Sequester carbon

Anticipate climate change impacts

Respond to climate change impacts

A core role of the Chair positions is to oversee a Programme of research which enables Council to foresee and adapt to challenges and opportunities in the management of the Region’s coastal, lake and freshwater resources. Knowledge of how climate change affects our work and informing adaptation to this is a key role of the research programmes to which the Agreement relates.

 

3.3      Implications for Māori

The integration of Mātauranga Māori into the research programme of both Chairs is a focus and this was showcased in the recent presentation to the Regional Direction and Delivery Committee. The Programme provides opportunities for those student who whakapapa to the Toi Moana rohe to undertake post-graduate research in the area in a supported and relevant way and Treaty Partners, such as the Te Arawa Lakes Trust engage with the University work.

 

3.4      Community Engagement

 

Adobe Systems

INFORM

Whaakamōhio

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

 

 

3.5      Financial Implications

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

-   Unbudgeted work during the current financial year?

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

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

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

The annual cost of the agreement is approximately $720,000 in year one with inflation added in subsequent years. The full cost of the agreement is allocated within the current budget for Rotorua Lakes, Coastal Catchments and Science and is incorporated in the draft version of the Long Term Plan current at the time of writing this report. 

Activity

2020/21 Annual Plan

2021/22 draft LTP

Rotorua Lakes

$355,000

$363,000

Coastal Catchments

$165,000

$165,000

Science

$203,600

$210,000

Total Annual Budget

$723,600

$738,000

 

4.        Next Steps

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

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

Should Council approve the Agreement today, the document will be appropriately signed by both parties and staff at both Councils will implement the Agreement as per its conditions which includes the recruitment of a Chair of Lake and Freshwater Science which will commence in the New Year.

Attachments

Attachment 1 - Draft Memorandum for Approval  

 


Regional Council                                                                                               17 December 2020

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Report To:

Regional Council

Meeting Date:

17 December 2020

Report Writer:

Sharlene Pardy, Team Leader Policy (Environmental)

Report Authoriser:

Namouta Poutasi, General Manager, Strategy & Science

Purpose:

To seek Council approval to make those parts of the Bay of Plenty Regional Pest Management Plan not the subject of Royal Forest and Bird Protection Society Incorporated’s application operative.

 

 

Application to the Environment Court on the Bay of Plenty 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.

At its meeting on 30 September 2020, the Council adopted 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 approved it for submitter and public notification of the decisions under section 75 of the Biosecurity Act 1993.

On 24 November 2020 the Royal Forest and Bird Protection Society Incorporated filed an application with the Environment Court against Council’s decisions on the Regional Pest Management Plan (RPMP).

Under the Biosecurity Act Council must now decide whether the matter dealt with in the application is severable from the rest of the plan and if so then the council must make the plan operative without the matter in it.

Council’s standard process is to establish an Appeals Subcommittee with a core function to provide direction to Council staff in the resolution of any appeals through the mediation process. 

 

Recommendations

That the Regional Council:

1        Receives the report, Application to the Environment Court on the Bay of Plenty Regional Pest Management Plan.

2        Agrees that the plants set out as advisory pests in Appendix 1 of the Bay of Plenty Regional Pest Management Plan – Decisions Version can be severed from the rest of the plan.

3        Agrees to make the plan without the plants set out as advisory pests in Appendix 1 of the Bay of Plenty Regional Pest Management Plan – Decisions Version.

4        Authorises the Chief Executive to make the remainder of the Regional Pest Management Plan - Decisions Version operative by affixing the seal of the Regional Council in accordance with section 77 of the Biosecurity Act 1993.

5        Delegates to the General Manager, Strategy and Science, the authority to make any necessary formatting, typographical, administrative or consequential amendments prior to public notification of the remainder of the plan becoming operative under section 77(5) of the Biosecurity Act 1993.

6        Appoints a Regional Pest Management Plan Appeals Subcommittee for the purpose of guiding the potential resolution of any Environment Court appeals through mediation on the Regional Pest Management Plan – Decisions Version.

7        Delegates authority to resolve Environment Court appeals on the Regional Pest Management Plan – Decisions Version to the Chief Executive, subject to the direction of the Appeals Subcommittee.

8        Notes that the Chief Executive has delegated the authority to staff according to the Chief Executive Delegations Manual, subject to the direction of the Appeals Subcommittee and Council’s legal counsel.

9        Delegates authority to the Chair of the Strategy and Planning Committee to appoint replacement members to the Appeals Subcommittee if necessary.

 

1.        Introduction

On 30 September 2020 Council authorised 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 was made to the Environment Court under section 76 of the Biosecurity Act 1993.  On 24 November 2020 the Royal Forest and Bird Protection Society Incorporated filed an application with the Environment Court against Council’s decisions on the Regional Pest Management Plan (RPMP). 

Under section 77 of the Biosecurity Act Council must now decide whether the matter dealt with in the application is severable from the rest of the plan and if so then the council must make the plan operative without the matter in it.

1.1      Legislative Framework

The Biosecurity Act 1993 (sections 70 to 77) requires specific sequential steps to be undertaken before a RPMP can come into effect.  Section 2 below sets out the legislative process that Council must follow now that the Royal Forest and Bird Protection Society Incorporated has filed an application to the Environment Court about the RPMP. 

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

High - Positive

þ Cultural

High - Positive

þ Social

High - Positive

þ Economic

High - Positive

 

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.        Application to Environment Court

On 24 November 2020 the Royal Forest and Bird Protection Society Incorporated filed an application with the Environment Court against Council’s decisions on the RPMP. 

The Notice of Motion by the Royal Forest and Bird Protection Society Incorporated seeks to:

1.   Include the advisory pest plants as “sustained control” pests with a new rule; and

2.   Include a new objective and rules to make kauri die back an exclusion pest in line with the Auckland Regional Pest Management Plan for the Hauraki Gulf islands and Hunua ranges.

Under section 77 of the Biosecurity Act Council must now decide whether the matter dealt with in the application is severable from the rest of the plan and, if so, then the Council must make the plan operative without the matter in it:

(3) If a person makes an application under section 76, the council must—

a.   decide whether the matter dealt with in the application is severable from the rest of the plan; and

b.   take 1 of the courses of action described in subsection (4).

 

    (4) The courses of action are as follows:

a.   if the matter dealt with in the application is severable from the rest of the plan, the council must make the plan without the matter in it and, after the Environment Court’s decision, do the applicable 1 of the following:

i. if the Environment Court dismisses the application under section 76(8)(a), make the part of the plan that deals with the matter:

ii. if the Environment Court gives a direction under section 76(8)(b), comply with the direction before making the part of the plan that deals with the matter.

BOPRC Legal Counsel has advised that the matter dealt with in the application is severable.  This is because the application relates specifically to the plants set out as advisory pests in Appendix 1 of the RPMP – Decisions Version and seeks to include additional provisions or controls rather than amending existing ones.  This includes the relief sought in relation to kauri dieback disease. As a result the plants set out as advisory pests in Appendix 1 can simply be excluded from the plan without affecting the remainder of the plan. 

On this basis, it is recommended that the matters dealt with in Royal Forest and Bird Protection Society Incorporated’s application be severed from the plan and the remaining parts of the plan be made operative.

3.        Considerations

3.1      Risks and Mitigations

Staff consider there are foreseeable risks associated with not making the remainder of the plan operative:

1.   Delay in new rules taking effect.

Staff Comment: If the remainder of the RPMP is not made operative, 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’.

3.2      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. 

3.3      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.  

3.4      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.

3.5      Financial Implications

 

External legal costs required in the resolution of appeals to the Environment Court are unbudgeted. The total cost is dependent on the time and complexity of the appeal.   In addition staff time to support mediation and develop the RPMP will come from existing Legal, Biosecurity and Environmental Planning budgets.

 

4.        Next Steps

Council has filed a notice of wish to be heard in relation to the application and has indicated that it is willing to participate in mediation or other dispute resolution processes.

Royal Forest and Bird Protection Society of New Zealand Incorporated has been directed to serve the application on all people who submitted on the plants set out as advisory pests in Appendix 1 and advise them of their right to join the proceedings as interested parties.  Twelve submitters have been identified to be served with the notice and we do not know at this stage how many, if any, will join.

The Environment Court will schedule a mediation in due course. 

Under s76 of the Biosecurity Act 1993 the Environment Court must hold a public hearing to determine whether to dismiss the application or direct the Council to modify the RPMP.  This must occur even if the parties are able to resolve the application by agreement, in which case the hearing will simply involve presentation of draft consent documents to the Court for approval.

Council’s standard process is to establish an Appeals Subcommittee with a core function to provide direction to Council staff in the resolution of any appeals through the mediation process.  A subcommittee would add value to this process by providing guidance and directions within which staff can negotiate and resolve the application.

 


 

 

 

 

Report To:

Regional Council

Meeting Date:

17 December 2020

Report Writer:

Toni Briggs, Project Manager

Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Purpose:

To Adopt the Flood Protection and Drainage Bylaws 2020 on the recommendations of the Hearing Panel.

 

 

Adoption of the Flood Protection and Drainage Bylaws 2020

 

Executive Summary

The Bay of Plenty Regional Council has a statutory role to provide flood protection for our communities.  This is achieved through Council’s rivers and drainage schemes. Council’s Bylaw provides protection of the scheme assets.

 

The Local Government Act 2002 (LGA) requires Council to undertake a comprehensive review of its bylaws within two years after the ten year anniversary of the last review. Informal engagement on the draft Flood Protection and Drainage Bylaws 2020 was undertaken with key stakeholders in the latter half of 2019. Formal Consultation was carried out in March/April 2020.

Council received 43 written submissions, with 20 parties wishing to be heard. The hearing was conducted by a Hearings Panel made up of 6 Bay of Plenty Regional Councillors.

Attached is the final Report and Recommendations of the Hearings Committee for the Bay of Plenty Regional Council Flood Protection and Drainage Bylaws 2020. 

 

Recommendations

That the Regional Council:

1        Receives the report The Bay of Plenty Regional Council Proposed Flood Protection and Drainage Bylaws 2020.

2        Supports the recommendations of the Flood Protection and Drainage Bylaws Hearing Panel.

3        Adopts the Flood Protection and Drainage Bylaws 2020.

4        Agrees to make the Bylaws operative on 1 February 2021.

5        Authorises the Chief Executive to make minor numerical, editorial or presentation amendments prior to the final publication.

 

1.        Introduction

The Bay of Plenty Regional Council has a statutory role in providing flood protection and water control for communities.  Practically this is achieved through Council’s rivers and drainage scheme assets. Council develops Bylaws to support the protection of these assets.

 

The Flood Protection and Drainage Bylaws are the regulatory framework in a suite of tools Council uses to manage and protect council rivers and drainage assets; including the BOPRC Environmental Code of Practice for Rivers and Drainage Activities; The Rivers and Drainage Asset Management Plan; Regional Floodplain Strategies; the BOPRC Flood Warning Manual; various guidance documents; technical reports and engineering best practice documents.

The Local Government Act 2002 (LGA) requires Council to undertake a comprehensive review of its bylaws ten years after it was last reviewed and within a two-year time frame from that review date.

Formal review of the Floodway and Drainage Bylaw 2008 started early in 2019, with geotechnical engineers running initial modelling and analysis; and a policy analyst undertaking a fit-for-purpose review of the bylaw document in mid-2019.

As the new document was being developed; independent legal, geotechnical, policy and operational advice and review were obtained to ensure legality and consistency of proposed changes.

Staff undertook informal engagement with river scheme advisory groups, territorial authorities, iwi, and the general public in the form of workshops and open day sessions in the latter half of 2019. Feedback was generally supportive and was used to further refine proposed changes.

Modelling was repeated after informal engagement; running multiple simulations, using a number of parameters, including steady state of a range of soil types and profiles; and then simulating a range of flood scenarios to develop the likely outcomes of flood events.

This modelling has been the basis of the key changes in the 2020 proposed Bylaws.

Formal consultation was undertaken in March/April 2020.  New Zealand then went into COVID-19 lockdown on 25 March 2020.  Formal consultation was continued after Council decision 24 March 2020.

The premise for continuing formal consultation during lockdown was that if the Bylaws were not reviewed, as required under the Act, then they would have been revoked under LGA section 160A in July 2020.

In relation to the issues faced by Local Government during COVID-19 lockdown, central government established a Local Government Response Unit. The Unit was tasked with finding solutions to problems caused by legislative requirements – such as regulatory timeframes. Staff raised the matter of the revocation issues noted above with them in early April 2020.

Ministers approved temporary legislative changes to address issues arising from the COVID-19 emergency with amendments to Local Government Act 2002.

The COVID-19 Response (Further Management Measures) Legislation Act 2020 came into force 15 May 2020, with the following clauses in Schedule 16: Local Government (Part 3)

160B Bylaw revocation postponed as result of outbreak of COVID-19

(1) Subsection (2) applies instead of section 160A during the period starting on the date on which this section comes into force and ending on 30 June 2021.

(2) A bylaw that is not reviewed as required under section 158 or 159, and that is not earlier revoked by the relevant local authority, is revoked on the later of—

(a) the date that is 2 years after the last date on which the bylaw should have been reviewed under section 158 or 159; and

(b) 30 June 2021.

(3) This section is repealed on 1 July 2021.

This legislation temporarily suspends the provision that automatically revokes bylaws after 2 further years if they were not renewed within the required period. This allowed Council to undertake further analysis of submissions received and investigate some of the submission themes further.  This included the opportunity to address concerns, by tangata whenua, that areas of waahi tapu and traditional cultural practices near assets was not addressed in the proposed bylaws. Staff took the time available to investigate the relationship between asset protection and traditional cultural practices and consult further with submitters that had raised this as an issue.

Council received 43 written submissions, with 20 parties wishing to be hearing at public Hearings.

Council undertook Local Government Act Hearings (s 83(d)) on 26 August 2020, with 12 parties being heard on the day.

The Hearings Panel deliberated over three meetings – 1 October 2020, 23 October 2020, and 6 November 2020.

Attached is the final Report and Recommendations of the Hearings Committee for the Bay of Plenty Regional Council Flood Protection and Drainage Bylaws 2020. 

This report outlines all the information pertaining to the Bylaws review. 

Staff fully support the outcomes and recommendations put forward by the Hearings Panel.

1.1      Legislative Framework

    Relevant overall Legislation:

Land Drainage Act 1908 (Drainage Boards)

The Land Drainage Act 1908 was enacted to allow poorly drained land to be developed into productive farmland. Drainage boards were given the necessary powers to organise farmers/landowners into collective action, and, if necessary, coerce individuals who held out against the collective ambition. It included the power to undertake and maintain drainage works on private property.

Though many of the clauses have been repealed and replaced with newer legislation, some clauses remain, specifically those that cover development and maintenance of drains and entry to private land for those purposes.

Soil Conservation and Rivers Control Act 1958 (Catchment Boards)

In 1941 the Soil Conservation and Rivers Control Act (SCRCA) was passed to achieve a more coordinated flood and erosion control within catchments and was a response to public concerns over dramatic erosion caused by significant land clearance in New Zealand.

The SCRCA’s overriding purpose is to:

·      make provision for the conservation of soil resources

·      prevent damage by erosion

·      make better provision for the protection of property from damage by floods.

 

Local Government Act 2002 (Regional Councils)

The purpose of this Act is to provide for democratic and effective local government that recognises the diversity of New Zealand communities.  This Act:

(a)  states the purpose of local government

(b)  provides a framework and powers for local authorities to decide which activities they undertake and the manner in which they will undertake them

(c) promotes the accountability of local authorities to their communities

(d) provides for local authorities to play a broad role in promoting the social, economic, environmental, and cultural well-being of their communities, taking a sustainable development approach.

Importantly, Regional Council has the power to make Bylaws (s 149 (1)(c) and (2)(a)) “…for the purpose of managing, regulating against, or protecting from, damage, misuse, or loss…”  of council assets.

Note: The Local Government Act 2002 gives regional council overall mandate to direct, enforce and control certain behaviours on private land under s143:

s143: Outline of Part 6

This Part provides the powers necessary for local authorities—                 

a.   to make bylaws:

b.   in relation to enforcement, —

i.    to enforce all regulatory measures made under this Act, including bylaws and infringement offences; and

ii.   to undertake, or contract out the administration of, those enforcement powers:

c.   to undertake certain activities on, or in relation to, private land, including powers in relation to owners and occupiers, and powers to recover for damage to certain local authority property caused wilfully or negligently:

d.   to undertake activities in relation to water services, including discharge of sewage and trade wastes:

e.   to require development contributions:

f.    to apply for and enforce removal orders.”

 

The Public Works Act 1981

For the purposes of the Public Works Act, the Council is a Local Authority, and its work is public work. However, with respect to soil conservation or river management or flood control works, the Soil Conservation and Rivers Control Act is the empowering legislation (some provisions of the SCRCA require matters to be undertaken in accordance with the Public Works Act).

1.2      Alignment with Strategic Framework

 

A Vibrant Region

We invest appropriately in infrastructure to support sustainable development.

Safe and Resilient Communities

We support community safety through flood protection and navigation safety.

 

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

High - Positive

 

2.        Considerations

2.1      Risks and Mitigations

2.2      Climate Change

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

Mitigation

Adaptation

Reduce GHG emissions

Produce GHG emissions

Sequester carbon

Anticipate climate change impacts

Respond to climate change impacts

                  

It is worth noting that even though the Flood Protection and Drainage Bylaws are a regulatory framework, and have no direct impact on climate change, climate change itself does have an impact on the ongoing sustainability of many of the flood protection and drainage assets themselves and thus the longevity of the Bylaws.

2.3      Implications for Māori

As part of the Bylaws review, staff undertook an independent investigation around the impact the Bylaws have on tangata whenua traditional cultural practices and sites of waahi tapu.  As part of this investigation an independent consultant carried out engagement with a number of hapu.

The outcome of the engagement was that for the first time, the Bylaws specifically address the impact they have on traditional cultural practices and management of areas of waahi tapu.

These Bylaws include the fundamental principle that only tangata whenua can identify and evidentially substantiate their relationship, and that of their culture and traditions, with their ancestral lands, water, sites, waahi tapu and other taonga.

 

2.4      Community Engagement

 

Adobe Systems

CONSULT

Whakauiuia

To obtain input or feedback from affected communities about our analysis, alternatives, and /or proposed decisions.

 

2.5      Financial Implications

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

-   Unbudgeted work during the current financial year?

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

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

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

There are no material unbudgeted financial implications and this fits within the allocated budget for the latter half of the 2020/21 Annual Plan year.   Future budget implications have been discussed at the 2021-2031 LTP workshop in November 2020, with agreement made on a Bylaws focused resources and a small increase in budget.

3.        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.

3.1      Implementation of the BOPRC Flood Protection and Drainage Bylaws 2020

3.2      Bylaws become operative 1 February 2021

Staff propose that the Bylaws become operative on 1 February 2021.  This will allow staff to develop the initial templates for Bylaw Authority Applications; develop initial education materials and set up internal processes for managing the Bylaws.  As Council is shut down over Christmas and New Year it makes sense to start a new educational campaign early in the New Year.

3.3      Implementation of the BOPRC Flood Protection and Drainage Bylaws 2020

Staff are currently developing a comprehensive Implementation Plan and timeline for implementing the 2020 Bylaws document.

The initial processes, templates, procedures, and educational material will be developed ready for operative date early 2020.

 

 

 

Attachments

Attachment 1 - 20.11.10 FINAL Hearings Panel Decision Report on Proposed Flood  Drainage Bylaws

Attachment 2 - Floodway and Drainage Bylaws 2020 VERSION 5 Council Meeting version Nov 2020 Tracked Changes PDF

Attachment 3 - Floodway and Drainage Bylaws 2020 - FINAL WORD VERSION for adoption  

 


Regional Council                                                                                               17 December 2020

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Regional Council                                                                                               17 December 2020

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Regional Council                                                                                               17 December 2020

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Report To:

Regional Council

Meeting Date:

17 December 2020

Report Writer:

Debbie Hyland, Finance & Transport Operations Manager; Zhivan Alach, Organisational Performance Manager; Nolene Naude, Financial Accounting Team Lead and Graeme Howard, Corporate Planning Lead

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

Adopt the Annual Report and Annual Report Summary for the year ended 2019/20

 

 

Annual Report and Annual Report Summary for 2019/20; and Capital Expenditure Budget Carry Forward from 2019/20 to 2020/21

 

Executive Summary

This report presents the Annual Report 2019/20 and Annual Report Summary 2019/20 to Council for adoption. These reports contain the financial and non-financial performance results of the Council for the year ended 30 June 2020. The Annual Report contains both Council (Parent) and Group results. The Council Group results include our 100 percent Council-owned subsidiary, Quayside Holdings Limited and majority owned Council-owned subsidiary, Toi Moana Trust. 

Council’s draft operating surplus for year two of the Long Term Plan 2018-2028 is $0.04 million which is $2.61 million lower than the budgeted surplus of $2.65 million. We delivered our work programme through operating expenditure of $138.5 million compared to a budget of $134.0 million. We also delivered $36.4 million of capital expenditure, this is the second biggest capital investment ever made in our history but this was below budget of $59.3 million partly due to the impacts of COVID-19. We have funded nearly 60% of our services from non-rates revenue and unlike many other councils, this balanced approach to funding has helped us to achieve operating revenue of $138.5 million which is higher than budget of $136.7 million. We have achieved our $1 million savings target focusing on careful management of our resources and process improvements throughout the course of the COVID-19 pandemic.

The Council Group recorded a surplus after income tax of $78.0 million after income tax which is $12.9 million lower compared to the prior year. Of this surplus, $37.2 million is attributed to Council. Overall Quayside’s diversified portfolio including our 54.1% shareholding in the Ports of Tauranga, has fared well despite the obvious impacts that COVID-19 had on the general economy. Quayside paid a dividend to Council of $31.2 million to help fund our work in 2019/2020, and as we look ahead this approach will continue to ensure we keep our general rates low and deliver regional benefit to our community.

Council’s Long Term Plan 2018-2028 includes 33 performance measures with targets for 2019/20. We achieved 28 (85%) of the targets that were set for the year ended 30 June 2020. The main reasons for financial and non-financial variations are outlined in Section 3 of this report.

The draft Annual Report and draft Annual Report Summary for the year ended 30 June 2020, were presented to the Risk and Assurance Committee on 15 October 2020; important updates have been incorporated into the attached supporting documents. The Committee endorsed the draft Annual Report and draft Annual Report Summary for the year ended 30 June 2020, for adoption by Council.

Audit New Zealand have provided verbal clearance on the draft Annual Report and draft Annual Report summary subject to the finalisation of their review of the put option valuation. Audit New Zealand Director, Leon Pieterse will attend the meeting to present the audit opinion.

 

Recommendations

That the Regional Council:

1        Receives the report, Annual Report and Annual Report Summary for 2019/20; and Capital Expenditure Budget Carry Forward from 2019/20 to 2020/21.

2        Receives the audit report and audit opinion from Audit New Zealand.

3        Adopts the Bay of Plenty Regional Council Annual Report and Consolidated Financial Statements for the year ended 30 June 2020.

4        Adopts the Bay of Plenty Regional Council Annual Report Summary for the year ended 30 June 2020.

5        Approves additional capital expenditure budget of $2.9 million to be carried forward from 2019/20 to 2020/21, or later years as set out in this report.

6        Authorise the Chief Executive to make minor numerical, editorial or presentation amendments prior to the final publication.

7        Confirms that the decision has a low level of significance.

 

1.        Introduction

This report presents the Annual Report 2019/20 and Annual Report Summary 2019/20 against the delivery of year two of our Long Term Plan 2018-2028, as updated through our Annual Plan 2019/20. These reports contain the financial and non-financial performance results of the Council for the year ended 30 June 2020.

The draft Annual report 2019/20 and draft Annual Report Summary 2019/20 were presented to the Risk and Assurance Committee on 15 October 2020. Since that meeting, feedback from Councillors, further audit amendments and other enhancements have been made and incorporated into the attached supporting documents.

The Annual Financial Statements for Quayside Holdings Limited and its subsidiaries for the year ended 30 June 2020 was approved by its board of directors on 24 November 2020. The Annual Financial Statements for Toi Moana Trust for the year ended 30 June 2020 was approved by its Trustees’ board of directors on 24 November 2020. Council will receive and adopt Quayside and Toi Moana Trust’s Annual Financial Statements, included as separate items in the meeting agenda, prior to the adoption of its 2019/20 Annual Report.

The second half of 2019/20 saw the emergence of COVID-19 which has had an impact that is unprecedented in recent memory. While New Zealand has been spared widespread illness and death, we have not been spared significant economic harm. Council’s response has been shaped by a strong desire to recover from COVID-19 as quickly as we can.

Once the extent of COVID-19 started to become clear, the Regional Council undertook necessary preparations including the testing of our information technology capabilities to enable staff to work from home. When the Government shifted to Level 4 (Lockdown) on 26 March 2020, we restricted our service delivery to the essential and priority services we provide our community and increased resourcing where needed, for example by increasing the staffing of Civil Defence Emergency Management services. Due to the restriction of the services we could operate under Level 4 we were not able to perform all of the services we normally would and therefore some levels of service we committed to in our Long Term Plan were affected, both positively and negatively. Commentary describing the impact of COVID-19 on the Level of Service provided to our community is included in the Annual Report 2019/20.

Audit New Zealand have provided verbal clearance on the draft Annual Report and draft Annual Report summary subject to the finalisation of their review of the put option valuation. Audit NZ Director, Leon Pieterse, will release a signed audit opinion at the meeting, prior to the adoption of the Annual Report.

1.1      Legislative Framework

The Annual Report 2019/20 and Annual Report Summary 2019/20 is prepared in accordance with the requirements of the Local Government Act 2002 and the Local Government (Financial Reporting and Prudence) Regulations 2014.

The Local Government Act 2002 s98 (3) requires the Bay of Plenty Regional Council to adopt its Annual Report within four months of the financial year end. Parliament passed legislation on 5 August 2020 to extend the statutory reporting time frames to 31 December 2020 under the Local Government Act 2002. The Annual Report and Annual Report Summary for the year ended 30 June 2020 are presented for approval and adoption, and included as supporting documents.

1.2      Alignment with Strategic Framework

The Annual Report 2019/20 provides a report on the financial and non-financial performance of Council as set out in its Long Term Plan 2018-2028 and Annual Plan 2019/20. As a result it supports the delivery of all four Community Outcomes and the Way We Work

1.2.1      Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

 

þ Cultural

 

þ Social

 

þ Economic

 

The Annual Report 2019/20 provides a report on the financial and non-financial performance of Council and as such promotes all four aspects of community well-being

2.        Highlights 2019/20

There have been a wide range of highlights and achievements in areas that are important to achieving our Community Outcomes as set out in our Long Term Plan 2018-2028. The following table provides a summary of some of our 2019/20 highlights and further detail is in the attached documents.

Community outcome

Where

Highlights

A healthy environment

Region wide

Progressed a number of plan changes which help progress us forwards to achieving a healthy environment for the community.

During the year the Regional Coastal Environment Plan became operative and we have engaged with a range of stakeholders and community groups on the Draft On-Site Effluent Treatment Plan Change (Plan Change 14) to the Bay of Plenty Regional Natural Resources Plan.

Western Bay/Tauranga

Kaituna River rediversion and te awa o ngātoroirangi/maketū estuary enhancement project was completed ahead of schedule and was publicly celebrated with karakia and a ribbon-cutting ceremony to mark the opening of new re-diversion control gates on 12 February 2020.

Whakatane/ Opotiki/ Eastern Bay

The Kopeopeo Canal Remediation Project was completed. The project, which safely removed, stored and bio remediated sediment contaminated with elevated levels of dioxin contaminated by discharges from a former sawmill, was jointly funded by the Ministry for the Environment.

 


Freshwater for life

Region wide

Work on ‘Action for Healthy Waterways’ includes changes to the National Policy Statement for Freshwater Management (NPSFM), a new National Environmental Standard for Freshwater (NESFM) and an accelerated planning process to enable better, faster and more consistent freshwater management plans by regional councils.

Region wide

The Focus Catchments programme is underway across our different catchments. Four programmes are underway in the Tauranga Harbour catchment (including the Uretara, Te Mania, Kopurererua and Waitao Streams), three in the Kaituna /Water Management Area (including the Waihī Estuary, Kopuaroa and the Waitepuia/Ford Road catchments), and three in the Eastern Catchments (including the upper Rangitāiki, Ōhiwa Harbour and the Waiōtahe River).

Rotorua

The Rotorua Te Arawa Lakes Programme delivered work including erosion protection works on the Waitangi Stream, the outlet of Lake Ōkāreka as well as managing long term water quality via nutrient reduction targets. The programme is a partnership between Te Arawa Lakes Trust, Rotorua Lakes Council, and Regional Council, and jointly funded by Ministry for the Environment.

 

Safe and resilient communities

Region wide

Bay of Plenty Civil Defence Emergency Management (CDEM) Group activated in support of the All-of-Government response to COVID-19, activating the Group Coordination Centre and all local Emergency Operation Centres. The response was conducted in partnership with a number of organisations including Te Rūnanga o Ngāti Awa who provided cultural and spiritual leadership to victims, families, first responders and operational staff.

Region wide

Climate change is one of the biggest strategic challenges facing our region and impacts on all four of our Community Outcomes. During the year Climate Change Action Plan working groups were established to deliver the key priorities. A baseline audit (Toitu Carbonreduce) to establish our current organisational footprint was completed in December 2019 and a number of other initiatives have been undertaken as part of our Climate Change Action Plan response, including five electric buses being added to the Bayhopper bus fleet in October 2019

 

Other Climate Change initiatives progressed include:

•       Incorporating climate change across decision-making

•       Staff travel plan

•       Carbon reporting tool for planting programmes

•       Sustainable procurement policy development

Whakatane

The Whakaari/White Island eruption response was led by the CDEM Group with search and rescue led by NZ Police. The Group Emergency Coordination Centre were both activated to support the coordination of welfare services for the victims, their families and other people affected.

 

A vibrant region

Western Bay/
Tauranga

The Urban Form and Transport Initiative (UFTI) Final Report was progressed and was approved by SmartGrowth, and adopted by the partner councils (Bay of Plenty Regional Council, Western Bay of Plenty District Council, and Tauranga City Council) on 1 July 2020 with implementation to begin in the following years.

Region wide

Public Transport - This financial year we had more than 2.3 million passenger trips recorded across our passenger transport services within the region, a 9.4 percent decrease on the previous year. Patronage declined sharply at the end of March as restrictions relating to COVID-19 began to impact our region and the Government shifted the country to Alert Level 4 (lockdown).

Region wide

Delivery of the Buildings Upgrade Project including the refurbishment of Regional House in Tauranga, has enabled all of our Tauranga-based staff to be brought together to work from one location. Work has progressed modernising the Whakatāne office, and our Rotorua office held its Whakatuwheratanga and officially opened its doors to staff, partners, and the community on 19 March 2020.

 

3.        Overview of performance for 2019/20

The Annual Report 2019/20 contains both Council and Group results. The Council Group results include our 100 percent Council-owned subsidiary, Quayside Holdings Limited and majority owned Council-owned subsidiary, Toi Moana Trust.  Quayside Holdings has a 54.14 percent share in the Port of Tauranga Limited.

3.1      Financial performance

The following section provides an overview of the financial results for the year ended 30 June 2020 as per the Annual Report 2019/20 and key variance analysis.

Statement of Comprehensive Revenue and Expense

Annual Plan

Council

Budget v Actual Variance

Group

2019/20

2019/20

2019/20

2019/20

$000

$000

$000

$000

Operating Revenue *

127,676

128,378

702

 

Capital Revenue

9,022

10,153

1,131

 

Total Operating Revenue

136,698

138,529

1,831      higher

465,105

Total Operating Expenditure*

(134,051)

(138,492)

4,441    higher

(362,882)

Equity Accounted Investees

0

2

2

1,650

Income Tax

 

 

 

(25,910)

Total Surplus / (Deficit) After Tax

2,647

39

2,608

lower

77,963

Equity Holders of Parent

2,647

39

 

37,289

Non-Controlling Interest

 

 

 

40,674

 

 

 

 

 

Capital expenditure

59,355

36,402

22,953

 

*Figures exclude internal interest

3.1.1    Operating Revenue – major budget variances

Operating revenue is $138.5 million this is $1.8 million higher than budget of $136.7 million. The major budget variances are set out below.

Subsidies and grants

Subsidies and grants revenue is $2.9 million lower than budget mainly due to the below variances.

Integrated Catchment Management - Rotorua Te Arawa Lakes is $2.2 million lower than budget mainly due to delays in the land use change incentives programme affecting the timing of operating grants from the Ministry for the Environment.

Similarly, capital revenue is $2.1 million lower than budget due to the Tikitere Diversion project not proceeding which this is affecting the timing of capital grants from the Ministry for the Environment. Unspent Ministry for the Environment funding in 2019/2020 has been carried forward to future years.

Flood Protection and Control - capital grants revenue is $0.8 million higher than budget due the timing of claims to the Ministry for the Environment for the completed Kopeopeo Canal Remediation Project.

Public Transport – $1.3 million higher than budget mainly due to the additional Waka Kotahi subsidy for the impacts of the Covid-19 pandemic which offsets fare revenue forgone (within trading and other revenue – see below). In addition, capital grants from Waka Kotahi is $0.5 million lower than budget as the go-live for Regional Integrated Ticketing Solution is scheduled in July 2020 (i.e. implementation of the new Bee-Card).

Finance revenue

Corporate - finance revenue is $1.3 million lower than budget. This unfavourable variance comprises of $2.2 million lower distributions from the investments in Toi Moana Trust; and $0.9 million higher than planned interest revenue off cash and other financial assets.

Trading and other revenue

Trading and other revenue is $5.5 million higher than budget mainly due to the below major variances.

Flood Protection and Control – operating revenue is $0.3 million higher than budget from gravel extractions. Capital revenue is $3.0 million higher than budget due the timing of insurance claims for flood damage repairs.

Resource Regulation and Monitoring - Biosecurity is $0.48 million higher than budget due to unbudgeted cost recoveries from the National Biocontrol Collective; and Regulatory Compliance is $0.47 million lower than budget for RMA section 36 fees and charges.

Public Transport - $1.6 million lower bus fares due to reduced patronage and fare-free travel during the COVID-19 pandemic through to 30 June 2020. As noted above, the majority of the fare revenue forgone is offset with an additional subsidy from Waka Kotahi, as well as some additional advertising revenue.

Emergency Management - $1 million higher than budget due to the recovery of costs from central government for the Whakaari/White Island eruption and the Covid-19 pandemic responses.

Corporate Services - $1.1 million higher than budget in Corporate Tax due to a subvention payment from Quayside Holdings Limited to offset its tax liabilities with Council’s available tax losses. In addition, Corporate Treasury has reclassified the movement in the doubtful debts provision which has resulted in additional operating revenue of $800,000.

3.1.2    Operating Expenditure – major budget variances

Operating expenditure is $138.5 million and this is $4.5 million higher than budget of $134.0 million. Major budget variance are set out below.

Employee benefit expenses

Employee benefit expenses is $0.5 million lower than budget due several fit for purpose reviews, and prudent management of our employee resources and vacancies. This underspend is offset by Council’s 2019/2020 efficiency budget in trading and other expenses.

Trading and other expenses

Trading and other expenses is $1.5 million lower than budget mainly due to the following major variances.

Integrated Catchment Management - Rotorua Te Arawa Lakes land use change incentives is $6.4 million lower than budget, as noted above this funding is carried forward to future years. Consultants is $0.9 million lower than budget mainly due to the impacts of the Covid-19 pandemic on various projects.

Flood Protection and Control - contractor and consultant costs is $0.7 million higher than budget. Overall work progressed with stable summer conditions however the Covid-19 pandemic slowed the completion of works supported by contractors. Council also approved $1.2 million additional budget to cover damage caused by a flood event in July 2019 in the Whakatāne-Tauranga and Waioeka-Otara river schemes; some of this work was delayed due to restricted rock supply.

Resource Regulation and Monitoring - $1.8 million higher than budget comprising of $1.0 million in Biosecurity due to the National Biocontrol Collective (cost-recoverable) and catfish control promotions; $0.6 million additional Resource Consent applications costs; as well as $0.5 million additional legal expenses in Regulatory Compliance as a number of cases are progressing to court hearings. Some of this variance is offset with an under-spend in Maritime of $0.25 million relating to various items including external legal advice.

Regional Planning - grants expenditure within the Regional Infrastructure activity is $2.8 million higher than budget mainly due to $2 million of additional expenditure approved by Council for the Awatarariki Fanhead Managed Retreat in Matata, as well as the final milestone payment on the Tauranga Tertiary Campus.

Public Transport - $1.3 million lower than budgeted expenditure in Tauranga, Western Bay and Rotorua bus operations. Some of this variance is offset by higher than planned expenditure of $0.38 million on various items including additional ticketing equipment required prior to the implementation of the Regional Integrated Ticketing Solution, as well as external legal advice.

Emergency Management - $0.9 million higher than budget primarily due to the additional costs for the Whakaari/White Island Eruption and the COVID-19 responses. These costs were fully recoverable.

Regional Planning and Engagement - Governance is $0.7 million lower than budget due to savings in meeting related costs (e.g. catering and hospitality), elected member payments, and lower than expected travel and accommodation costs mainly due to the impacts of the Covid-19 pandemic. Similarly Regional Planning is $0.37 million underspent.

Corporate Services - Other expenses are $7.25 million higher than budget due to the impairment of buildings $4.5 million in Corporate Property and an impairment of Toi Moana Trust investment of $2.75 million in Corporate Treasury. These are non-cash transactions. In addition Corporate Property costs were $0.8 million higher than budget due to insurance, and additional rent, repairs and maintenance costs.

Finance costs

Finance costs is $0.4 million lower than budget due to lower than planned interest rates on debt held with the Local Government Funding Agency.

Other losses

Other losses is $1.0 million higher than budget due to the loss on disposals of property, plant and equipment.

3.1.3    Capital Expenditure

Capital expenditure is $36.4 million and this is $22.9 million lower than budget of $59.3 million. This is the second biggest capital investment ever made in our history but this was below budget partly due to the impacts of COVID-19. The key budget variances within the capital projects are set out below.

Rivers and Drainage - $9 million lower than budget. The Rangitāiki Floodway project delays has resulted in a budget carry forward of $1.35 million. Engineering investigations during the year indicated that $1.5 million of work scheduled on the Duke Street pump station in Ōpōtiki was not required. The April 2017 Flood Repair Project works are approximately $2.7 million lower than budget due to the restrictions on rock material during the summer construction season.

Public Transport - $1.1 million lower than budget mainly due to Regional Integrated Ticketing Solution. Through COVID-19 the project go-live was accelerated with the new bee-card ticketing solution being delivered in July 2020.

Corporate Property - $6.5 million lower than budget mainly due to the adjusted delivery programme for the Buildings Upgrade Project and a change to the plans for Wallingford House in Tauranga and delays which occurred through the COVID-19 lockdown.

Rotorua Te Arawa Lakes - $4.0 million lower than budget primarily due to the Tikitere Re-diversion project which did not progress in favour of alternative engineering solutions. These projects will now be delivered through the next Long Term Plan.

3.1.4    Council Group

The Council Group recorded a surplus after tax of $78.0 million which is $12.9 million lower compared to the prior year (2019:$90.9 million). Of this surplus, $37.2 million is attributed to Council.

Bay of Plenty Regional Council holds a 100 percent shareholding in Quayside Holdings Limited (Quayside).  Quayside holds and manages a majority shareholding in the Port of Tauranga Limited. Quayside provides long term financial security to Regional Council through a diversified investment portfolio and by ensuring the Port of Tauranga shareholding is managed in an effective and commercial manner. 

Quayside has continued to diversify its portfolio of assets to support shareholder growth and sustained benefits to the Bay of Plenty region.

COVID-19 has had a significant impact on the many segments of our local economy.  The performance of the Quayside portfolio over this period to date has remained strong.

The Port of Tauranga had a solid year despite the impact of the first COVID-19 lock-down and changes in demand for logs.  The Port showed a minor decline in profitability and distributions for the year.

Quayside showed strong financial performance across most of its portfolio, delivering on both its return and diversification expectations.

Quayside investments during the year included the joint venture Lakes Commercial Developments Limited, which completed of the Regional Council offices on Fenton Street, Rotorua.

Significant advances were also made by Quayside on its development project east of Tauranga, the Rangiuru Business Park.

Quayside provided a record dividend to shareholders - net distributions of $32.1 million to Bay of Plenty Regional Council and $5.6 million to Perpetual Preference Shareholders. Ratepayers continue to benefit from enhanced regional development and future-proofed investment returns - Quayside has provided distributions and capital worth over $500 million for the benefit of Bay of Plenty Regional Council and regional stakeholders.

3.2      Non-Financial Performance

Through the Long Term Plan 2018/2028, Council set the Levels of Service it will provide to the community for each of the nine Groups of Activities. Council also set performance measures and targets for those Levels of Service.

In 2019/20 Council achieved 28 out of 33, or 85% of targets for these measures. While COVID-19 has had an impact on a number of our services, we have still managed to see improvement in some of our levels of service, including resource consent processing times and the replacement of non-compliant burners in the Rotorua airshed.

By comparison, in 2018/19 Council reported on 32 KPIs and achieved 25 (or 78%) of the targets targets and did not achieve seven.

Of the 33 measures that Council used to track its performance in 2019/20, the summary graph below shows that:

-     Council achieved the targets for 28 measures (85%)

-     Council did not achieve the targets for three measures (9%)

-     Two measures are no longer considered applicable (6%)

3.2.1    Performance Measures not achieved

Further detail on the measures where the target has not been met are provided in the table below.

Group of Activities

Performance Measure

Result

Target

Comment

Transportation

Number of passenger transport trips taken in the region

2,375,740

2,877,000

The target for 2019/20 was not achieved, largely due to the impact of COVID-19. At the end of quarter three, patronage was up 2.6 percent on the same period in the previous year, despite having operated for one week during COVID-19 Alert Level 4.

Throughout Levels 3 and 4, a reduced level of bus services was operated with free fares to ensure access to essential services. A significant decrease in patronage was noted during this period. All services returned to normal when Level 2 was announced, resulting in a rebound in patronage. Fares continued to be free to the end of June. Overall, quarter four patronage was down 58 percent on the same period in the previous year.

Council introduced a new ticketing system for bus services in June 2020. This resulted in a period where not all bus trips were recorded through ticket machines. This occurred during a period of zero fares, thereby having no impact on fare revenue and did not impact service levels.

For the full year, patronage decreased by 12.5 percent, resulting in the target being missed.

Regional Planning and Engagement

Percentage of draft council and committee meeting minutes that are published on the council website within 10 working days after the meeting

89%

95%

The target for 2019/20 was not achieved. 57 out of 64 minutes of meetings were published on time, resulting in 89 percent achievement. Most of the late meeting minutes happened prior to COVID-19 and was due to seeking external input that could not be obtained in time. COVID-19 affected the result negatively by decreasing the number of planned meetings, making it more difficult to catch up with the target, and implementing new practises such virtual meetings which impacted on established routines and processes.

Emergency Management

Number of Council delivered initiatives to promote community resilience and safety

6

8

The target for 2019/20 was not achieved. Six community initiatives were completed and two were partially completed, which is due to operational commitments (Whakaari/White Island, COVID-19) being prioritised.

Regional Development

Sector strategies are reviewed and updated every three years

Not Applicable

1

This measure is no longer applicable so no data is available. Following a review and reset of the Bay of Connections framework in late 2018/19, which saw Council engage with more than 250 stakeholders, a shift in focus for Bay of Connections occurred which has meant this measure is no longer reported on.

Changing from a sector strategy based approach, key priority areas were reset to include the Māori economy, infrastructure, workforce development and supporting the progression of a low carbon, circular economy

Regional Development

Percentage of industry stakeholders who are satisfied with Bay of Connections

Not Applicable

80%

This measure is no longer applicable so no data is available. Following a review and reset of the Bay of Connections framework in late 2018/19, which saw Council engage with more than 250 stakeholders, a shift in focus for Bay of Connections occurred which has meant this measure is no longer reported on.

Changing from a sector strategy based approach, key priority areas were reset to include the Māori economy, infrastructure, workforce development and supporting the progression of a low carbon, circular economy

4.        Audit opinion

As noted in the introduction of this report, Audit New Zealand have provided verbal clearance on the draft Annual Report and draft Annual Report summary subject to the finalisation of their review of the put option valuation. Leon Pieterse (Director, Audit New Zealand) will be present at this meeting, and will provide the audit opinion.

5.        Other matters

5.1      Capital expenditure budget 2019/20 carry forward requests

During the year staff forecast underspends of which $7.9 million is included in the Annual Plan 2020/21 and $6.5 million is included in the draft Long Term Plan 2021-2031 in 2021/22. The under-spends were primarily due to impacts of COVID-19. Projects with significant carry forwards include Project Upgrade, Passenger Transport RITS (bee-card) ticketing, and Rivers and Drainage projects.

Since adoption of the Annual Plan 2020/21 there have been further underspends and as a result staff request Council approval for $2.6 million of capital expenditure budget from 2019/20 to 2020/21 and $0.3 million to 2021/22, as set out in the below table.

Capital expenditure budget 2019/20 carry forward request:

Activity

Description

Carry Forwards from 2019/20

Reason for carry forward

2020/21
$000

2021/22
$000

Rotorua Lakes

Ohau Wall Improvements

$399

 

Projects deferred due to COVID19

Kaituna Catchment

Te Pourepo o Kaituna

$679

 

Additional wetland areas to be added

Rivers & Drainage Schemes

Te Rahu pump station pipeline works

$250

 

Delays in pump station works due to weather and contractor delays

Rivers & Drainage Schemes

Okere gates

$147

 

Delays on Okere gates works due to COVID19

Regional Parks

Regional park improvements

$97

 

Carry forward underspend for park improvements

Data Services

Upgrade and Replacement

$85

 

Delayed delivery on site critical upgrades

Data Services

Radio Telephones

$65

 

Project deferred whilst organisational requirements assessed

Science

Monitoring Equipment

$70

 

Delays in drilling work

Corporate Property

Regional House

$642

 

Required for additional work on Wallingford House

ICT

Technology One Projects

$100

$150

Delivery of Technology 1 roadmap

ICT

Customer Services System

$100

$120

Customer service project delivery delayed

 

Subtotal

$2,634

$270

 

 Total carry forward from 2019/20

$2,904

 

5.2      Rates remissions

Total remissions of $0.6 million were given during 2019/20, which equates to 1.2% of the general and targeted rates revenue budgeted in Annual Plan 2019/20 of $57.3 million.

The following table shows the rates remissions approved per territorial authority as a percentage of rates collected. Note the below ‘rates collected excludes penalties.

Territorial Authority

Total Rates (collected)
$000

Total Remissions
$000

% Remissions

Kawerau District

809

11

1.4%

Ōpōtiki District

2,421

35

1.5%

Rotorua District

12,462

278

2.2%

Taupō District

182

0

0.0%

Tauranga City

23,158

173

0.7%

Western Bay of Plenty District

7,415

6

0.1%

Whakatāne District

10,616

135

1.3%

Offshore Island

26

26

100.0%

Total

57,089

664

1.2%

5.3      Equalisation reserve

Council’s Equalisation Fund reserve comprises of accumulated operating surpluses and is available for smoothing general rate increases. The Equalisation Fund reserve has a committed value of $4.8 million as at 30 June 2020 to maintain a zero percent real general rates increase which Council approved as part of the adoption of the Annual Plan 2020/21.

6.        Considerations

6.1      Risks and Mitigations

There are no direct risk implications arising as a result of this report.

6.2      Climate Change

There are no direct climate change implications arising as a result of this report.

Climate Change is identified as a strategic challenge facing the Bay of Plenty Region.  The Annual Report 2019/20 provides a report on the financial and non-financial performance of Council this includes work delivered through Groups of Activities to understand the implications of and to respond to the implications of Climate Change

6.3      Implications for Māori

Our region has New Zealand’s largest number of iwi entities and the second largest Māori population. This provides the region and its communities with a rich and vibrant cultural dynamic. As partners to the Treaty of Waitangi, Māori have particular constitutional rights and interests which are expressed not only in law, but also in the way they engage at a national and regional level through their culture, language and mātauranga (Māori knowledge). The involvement of Māori in Council decision making has been and will continue to be, an important component of our work as a Regional Council.

Ensuring Māori participation in Council decision-making processes is supported through the Local Government Act 2002, where Council has an important role and obligation in building Māori capacity and capability. The Annual Report 2019/20 includes an overview of the work that Council has undertaken to support Māori participation in Council decision-making processes through the year

6.4      Community Engagement

 

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

 

6.5      Financial Implications

This report and the supporting documents highlight a strong financial performance by Council despite the impacts of the Covid-19 pandemic on Council’s service delivery and in particular our capital works programme. The majority of the capital budget underspend in 2019/20 has been carried forward through to future years through the Annual Plan 2020/21 process. A further capital budget carry forward (into 2020/21) of approximately $2.9 million will be required as part of the adoption of the Annual Report 2019/20. Council has pre-funded its capital works programme through borrowings from the Local Government Funding Agency.

 

7.        Next Steps

The Local Government Act requires Council to release the Annual Report and Summary to the public within one month of being adopted. It is planned that the documents will be released on the Bay of Plenty Regional Council website within a week, and printed copies will be available as soon as possible.

Attachments

Attachment 1 - Bay of Plenty Regional Council  Annual Report Summary 2019/20 for Adoption

Supporting Document 1 - Bay of Plenty Regional Council Annual Report 2019/20 for Adoption  

 


Regional Council                                                                                                                17 December 2020

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Regional Council                                                                                               17 December 2020

 

Item 9.7

Supporting Document 1

Bay of Plenty Regional Council Annual Report 2019/20 for Adoption


 

 

 

Report To:

Regional Council

Meeting Date:

17 December 2020

Report Writer:

Andy Dixon, Treasury & Tax Specialist

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

This report provides an overview of the LGFA outcomes of the 2020 Annual General Meeting and the results for the quarter ended 30 September 2020

 

 

Local Government Funding Agency (LGFA) AGM Update and Quarterly Report for the three months ended 30 September 2020

 

Executive Summary

The 2020 Annual General Meeting was held 19 November 2020 to present the financial statements and vote on several procedural resolutions.

The results for the quarter ended 30 September 2020 were released in the attached report. It indicates that the LGFA remains in a strong position and continues to grow in terms of numbers of council members and levels of borrowing for the local government sector.

 

Recommendations

That the Regional Council:

1        Receives the report, Local Government Funding Agency (LGFA) AGM Update and Quarterly Report for the three months ended 30 September 2020.

 

1.        Introduction

 

1.1      Alignment with Strategic Framework

 

A Healthy Environment

Freshwater for Life

Safe and Resilient Communities

A Vibrant Region

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

Low - Positive

 

 

 

2.        LGFA Annual General Meeting

On 19 November 2020 the LGFA held there Annual General Meeting of shareholders. The meeting was held to present the financial statements (which were previously presented to Council) and vote on the following resolutions;

2.1.1    Election of Directors

Philip Cory-Wright was re-elected as an Independent Director. 

There were two candidates for the role of non-Independent Director:

·    Michael Timmer who retired by rotation and offered himself for re-election;

·    Wayne Maxwell who was nominated by Kapiti Coast District Council

Michael Timmer was re-elected as a non-Independent Director

2.1.2    Election of Nominating Local Authorities

There were three candidates for the two roles:

·    Tasman District Council and Wellington City Council retired by rotation and offered themselves for re-election

·    New Plymouth District Council sought election

Tasman District Council and Wellington City Council were re-elected as Nominating Local Authorities to the Shareholders Council.

2.1.3    Changes to the Foundation Policies

Shareholders approved the following amendments to the foundation policies;

·      An increase in the size of the liquid assets held on the LGFA balance sheet, requiring greater Treasury Policy limits

·      Removing a limit on a council’s loans maturing in a rolling 12-month period.

 

3.        LGFA Annual General Meeting Update

The quarterly LGFA operations report is provided for information. LGFA has prepared this report for the quarter ended 30 September 2020.

Highlights during the quarter

i.    LGFA Bond issuance increased by $1.3 billion (raising the total bonds issued to $13.06 billion)

ii.   LGFA Lending increased by $1.1 billion during the quarter

iii.  The average term of lending increased from 5.42 years to 7.22 years

iv.  Currently meeting 6 out of 10 performance targets; the reason for the targets not met were out of LGFA control due to market forces mainly created by Covid-19 and Auckland Council issuing a bond.

The LGFA continues to grow and become the most significant lender to local government in New Zealand as intended when it was established. The financial performance of the LGFA is recognised by the continued strong credit rating and the participation in each of the bond issuances.

Primary Objective

The attached report also discusses the LGFA’s achievement of its primary objective of optimising debt funding terms and conditions for participating borrowers. This was through providing;

·      Lowest possible interest rates

·      Offering  flexible short and long term borrowing

·      Certainty of access to debt markets

4.        Considerations

 

4.1      Climate Change

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

 

4.2      Community Engagement

 

Engagement with the community is not required as the report is for information purposes only.

 

4.3      Financial Implications

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

 

5.        Next Steps

No further steps are required.

Attachments

Attachment 1 - LGFA Quarterly Report to Shareholders  - September 2020   


Regional Council                                                                                               17 December 2020

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Report To:

Regional Council

Meeting Date:

17 December 2020

Report Writer:

Debbie Hyland, Finance & Transport Operations Manager and Zhivan Alach, Organisational Performance Manager

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

This report provides an overview of Council’s performance (financial and non-financial) and the progress of our work for the three months ended 30 September 2020.

 

 

Arotake Tuatahi 2020/21 - Performance Monitoring Report Quarter One

 

Executive Summary

This report provides an overview of Council’s performance and the progress of our work for the first quarter of 2020/21. Arotake Tuatahi 2020/21 (July 2020 to September 2020) is included as Attachment 1 to this report.

For the three months ended 30 September 2020, Council is forecasting an annual operating deficit of $8.0 million which is $4.7 million lower than the budgeted deficit of $12.7 million. Council expects to receive $22.0 million of capital revenue which is slightly higher than the annual capital revenue budget of $21.9 million. As a result, Council is forecasting a total surplus of $13.9 million which is $4.8 million higher than the total budgeted surplus of $9.1 million. Council is forecasting capital expenditure of $53.1 million which is $4.6 million lower than the capital budget of $57.7 million.

Our total investment portfolio is $238.9 million including $50 million on-lent to Quayside Holdings Limited (Quayside).The portfolio has an average yield of 2.42%. Council has borrowed $231.4 million, with $50.0 million on-lent to Quayside, and $181.4 million to fund capital expenditure comprising $91.4 million core debt and $90.0 million reinvested in term deposits to align with future cash-flows for capital expenditure. The average interest rate on borrowings is 1.5%. Confidential Appendix 2 Bancorp Monthly Treasury Report and Confidential Appendix 3 Quayside Holdings Toi Moana Fund Quarterly Update September 2020 provide further details of Council’s treasury performance.

We are tracking well against our performance measures for the first quarter with 17 out of 33 performance measures on track, two measures not on track and one measure will have no data available due to changes to the activity (Regional Economic Development). Data is not available for 13 measures at this early stage of the year, mainly due to them being reported annually.

 

Recommendations

That the Regional Council:

1.       Receives the report, Arotake Tuatahi 2020/21 - Performance Monitoring Report Quarter One.

1        Confirms the public be excluded on the grounds set out in the Local Government Official Information and Meetings Act 1987 from consideration of the following report attachments:

(a)  Bancorp Treasury Report September 2020 under Section 48(1)(a)(i) Section 7 (2)(b)(ii) as 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 and that this attachment remain in Public Excluded.

(b)  Toi Moana Trust Treasury Report September 2020 under Section 48(1)(a)(i) Section 7 (2)(b)(ii) as 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 and that this attachment remain in Public Excluded.

 

1.        Introduction

This report provides an overview of Council’s performance and the progress of our work for the first quarter of the 2020/21 financial year (July 2020 – September 2020). This includes a view of our service delivery and financial forecasts to 30 September 2020.

Arotake Tuatahi 2020/21 has been included as Attachment 1 to this report and includes the following sections.

·    Highlights for the quarter are presented in the ‘Executive Summary’ section of the report.

·    A Financial Performance section providing an overview of Operating and Capital expenditure, key budget variance analysis, and the consequential increases to our reserves position as at 30 June 2021. This also includes an update on Treasury performance, including investments and borrowings.

·    Non-financial performance is covered through the Service Delivery Performance section of the report which includes monitoring of key performance indicators as set out in the Long Term Plan 2018-2028. People and Culture, and Health and Safety updates round out the non-financial information.

Following this Council meeting, the Arotake report will be published on Council’s website.

1.1      Alignment with Strategic Framework

 

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

 

þ Cultural

 

þ Social

 

þ Economic

 

 

Councils’ Arotake report provide monitoring information across the full range of Council activities which collectively support all four aspects of community wellbeing.    

2.        Arotake Tuatahi 2020/21 highlights

Highlights from the Community Outcomes in Action for the quarter include:

·    In July 2020, Central Government announced a Crown Infrastructure Projects (CIP) funding package of $210 million for climate resilience and flood protection projects across the country with the intention of reducing the economic impact of the COVID-19 pandemic.

In this package funding has been included for two Council CIP applications. These encompass six infrastructure projects with $14.7 million budgeted for the 2020/21 financial year and a total value of $23 million over the next 4 years. Included in the six projects is the Rangitāiki Floodway Stage 6 and spillway and Kaituna Mole Upgrades. Council staff are working to swiftly deliver these projects.

·    Draft Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement was open for community and stakeholder consultation on 24 August. Change 5 recognises and provides for the vision, objectives and desired outcomes of the Kaituna River Document ‘Kaituna He Taonga Tuku Iho – A Treasure Handed Down’. The draft change includes a vision, objectives, policies and methods specific to the Kaituna River and its tributaries. The comments period is now closed and staff anticipate Change 5 to be notified for formal submissions early in 2021.

·    Rotorua geothermal compliance inspections were completed with non-compliant follow-ups well underway. 80 compliance inspections were completed. 75 of those were either fully compliant or had low-risk non-compliances. One requires a new resource consent, and the others are being followed up in conjunction with WorkSafe NZ and Rotorua Lakes Council

·    The first of more than 60,000 native plants have been planted above Kaiate Falls to help improve water quality and increase biodiversity in the Waitao catchment. The plantings are the result of funding secured in August through the Government’s One Billion Trees initiate. More than 300,000 trees will be planted during the next four years on more than 250ha across the region. Twenty percent of the rural property in the catchment will be retired and 16 native species including mānuka, karamū and kānuka will be planted. Economic benefits include an estimated 8-10 full time jobs and stimulus for local native nurseries.

 Additional highlights from the quarter can be found on page 5 of Arotake.

3.        Summary of financial and non-financial performance to 30 September 2020

For the three months ended 30 September 2020, Council is forecasting an annual operating deficit of $8.0 million which is $4.7 million lower than the budgeted deficit of $12.7 million. Council expects to receive $22.0 million of capital revenue which is slightly higher than the annual capital revenue budget of $21.9 million. As a result, Council is forecasting a total surplus of $13.9 million which is $4.8 million higher than the total budgeted surplus of $9.1 million.

The significant contributor of this is the Rotorua Lakes Activity which is forecasting an under-spend in operating expenditure of $4.1 million, $2.5 million of this is due to the Rotorua Te Awara Lakes land use change incentives programme which also lowers forecast grants and subsidies revenue. The proposed land use change incentives budgets for 2020/21 to 2026/27 have been re-phased to reflect expected uptake of land use incentives.

The year-end capital expenditure forecast is $53.1 million, this is a forecast underspend of $4.6 million. This is mainly due to a $6.4 million forecast underspend in the Rotorua Lakes Activity mainly because the alternative engineering solutions for the Rotorua Te Aware Lakes programme have been carried through to future years through the draft Long Term Plan 2021-2031.

Council is forecasting an end of year Equalisation Reserve (general reserve) balance of $2.0 million. Please refer to Arotake Tuatahi for the forecast balances for the targeted rates reserves.

3.1      Treasury

Our total investment portfolio is $238.9 million including $50 million on-lent to Quayside Holdings Limited (Quayside).The portfolio has an average yield of 2.42%.

Council has borrowed $231.4 million, with $50.0 million on-lent to Quayside, and $181.4 million to fund capital expenditure comprising $91.4 million core debt and $90.0 million reinvested in term deposits to align with future cash-flows for capital expenditure. The average interest rate on borrowings is 1.5%.

Confidential Appendix 2 Bancorp Monthly Treasury Report and Confidential Appendix 3 Quayside Holdings Toi Moana Fund Quarterly Update September 2020 provide further details of Council’s treasury performance.

3.2      Performance Measures

We are tracking well against our performance measures at this stage of the year. 17 out of a total of 33 performance measures were on track at the end of Quarter 1, with an additional 13 measures to be reported on later in the year. In addition, two measures were not on track to be achieved at the end of 2020/21.

One measure has no data available due to changes to the activity (Regional Economic Development).

Further information about how we are tracking can be found on pages 16-18 of the Arotake.

4.        Considerations

4.1      Risks and Mitigations

There are no direct risk implications arising as a result of this report.

4.2      Climate Change

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

There are no direct climate change implications arising as a result of this report.

Climate Change is identified as a strategic challenge facing the Bay of Plenty Region.  The Arotake Report provides a report on the financial and non-financial performance of Council and this includes work delivered through Groups of Activities to understand the implications of and to respond to the implications of Climate Change.

4.3      Implications for Māori

Through this quarter Council continued to deliver services as set out in our LTP 2018-2028 and Annual Plan 2020/21, this includes delivering services to all of our community including Māori.

Council also continues with work that involves engagement with Māori. Our region has New Zealand’s largest number of iwi entities and the second largest Māori population. This provides the region and its communities with a rich and vibrant cultural dynamic. The involvement of Māori in Council decision making has been and will continue to be, an important component of our work as a Regional Council.

4.4      Community Engagement

 

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

 

4.5      Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget. As part of the adoption of the Annual Report 2019/2020 Council will consider a budget carry forward request for capital expenditure of $2.9 million some of which will be included in the next Arotake performance monitoring report.

 

5.        Next Steps

Following this Council meeting, the Arotake report will be published on Council’s website.

 

 

Attachments

Attachment 1 - BOPRC Arotake Tuatahi 2020-21 Performance Monitoring Report July 2020 to September 2020

Attachment 2 - Bancorp Treasury Report September 2020 (Public Excluded)

Attachment 3 - Toi Moana Trust Treasury Report September 2020 (Public Excluded)   


Regional Council                                                                                                                17 December 2020

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Regional Council                                                                                               17 December 2020

 

Item 9.9

Public Excluded Attachment 2

Bancorp Treasury Report September 2020


Regional Council                                                                                               17 December 2020

 

Item 9.9

Public Excluded Attachment 3

Toi Moana Trust Treasury Report September 2020


 

 

 

Report To:

Regional Council

Meeting Date:

17 December 2020

Report Writer:

Mat Taylor, General Manager, Corporate

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

To appoint an Acting Chief Executive

 

 

Acting Chief Executive

 

Executive Summary

This report requests Council to appoint an Acting Chief Executive during a period of planned leave.

 

Recommendations

That the Regional Council:

1        Receives the report, Acting Chief Executive.

 

2        Appoints Sarah Omundsen, General Manager Regulatory Services, as Acting Chief Executive for the period 21 December 2020 to 11 January 2021, during a period of leave for the Chief Executive.

1.        Introduction

The Chief Executive is taking leave and wishes to a appoint a designated Acting Chief Executive during this time.

1.1      Alignment with Strategic Framework

The matters addressed in this report are of a procedural nature.

1.1.1    Community Well-beings Assessment

The matters addressed in this report are of a procedural nature

 

 

2.        Christmas Period

Chief Executive Fiona McTavish will be on leave from Monday, 21 December 2020 through to Monday, 11 January 2021 inclusive. This report seeks Council’s approval to appoint a designated Acting Chief Executive for that period of time.

It is proposed that Sarah Omundsen, General Manager Regulatory Services, is appointed Acting Chief Executive for this period of planned leave. Sarah will continue to maintain her General Manager responsibilities during this period.

3.        Considerations

3.1      Risks and Mitigations

The matters addressed in this report are of a procedural nature.

3.2      Climate Change

The matters addressed in this report are of a procedural nature.

3.3      Implications for Māori

The matters addressed in this report are of a procedural nature.

3.4      Community Engagement

This proposal contributes to the Community Outcomes in the Council’s Long Term Plan 2018-2028.

3.5      Financial Implications

This work is being undertaken within the current budget for the Governance Activity in the Annual Plan 2019/20 or Year 2 of the Long Term Plan 2018-2018.

4.        Next Steps

The matters addressed in this report are of a procedural nature.