Regional Council

Open Minutes

Commencing:             Thursday 17 December 2020, 9.30 am

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

Chairperson:               Chairman Doug Leeder

Deputy Chairperson:  Deputy Chairperson Jane Nees

Members:                    Cr Andrew von Dadelszen

Cr Matemoana McDonald

Cr David Love

Cr Norm Bruning

Cr Bill Clark

Cr Stuart Crosby

Cr Kevin Winters

Cr Lyall Thurston

Cr Toi Kai Rākau Iti

Cr Stacey Rose

Cr Paula Thompson

Cr Te Taru White

In Attendance:            Fiona McTavish – Chief Executive, Mat Taylor – General Manager Corporate, Namouta Poutasi – General Manager Strategy & Science, Sarah Omundsen – General Manager Regulatory Services, Chris Ingle – General Manager Integrated Catchments, Karen Aspey - Director, People & Leadership, Angela Foster – Communications Manager, Yvonne Tatton – Governance Manager, Shari Kameta – Committee Advisor

                                                      Raewyn Bennett – Chair, Te Arawa ki Tai Trust, Leon Pietersen – Audit NZ

 

1.     Opening Karakia

A karakia was provided by Cr Toi Iti.

2.     Apologies

None.

3.     Public Forum

3.1

Raewyn Bennett - Challenges facing a Maori Environmental Trust in Maketū

Presentation - Te Arawa ki Tai Trust - Issues facing a Maori Environmental Trust in Maketu: Objective ID A3698500   

 

Presented By:  Raewyn Bennett - Chair of Te Arawa ki Tai Trust

Key Points:

·       Te Arawa ki Tai Trust’s establishment, membership and purpose.

·       Main activities for 2020 were: Vision Mātauranga project, estuary webcam project and the Mātauranga kura taiao programme.

·       Issues and challenges faced by a Māori environmental trust in a small, rural, decile one community.

·       Sought consideration from Council to be a part of the solution.

Key Points - Members:

·       Acknowledged Ms Bennett for her commitment to the Trust and rangatahi and community of Maketū.

·       Engagement with tangata whenua was important to Council.

·       Recognised ahi kā within Council’s work and engagement.

·       Council was proud to be part of the Kaituna re-diversion project to establish the taonga, which hoped went some way to restore Maketū estuary.

·       Encouraged Ms Bennett to pursue funding that was available from the Government’s freshwater fund, and Council’s Environmental Enhancement Fund and Enviroschools programme.

4.     Order of Business

1)     Timing and sequencing of Public Excluded Agenda Items 10.2, 10.3 and 10.8 at 10.45am were likely to be received earlier than anticipated in the agenda order. Additionally, it was noted that errors had been made on page 9 of the agenda index that had referenced these items incorrectly as 11.2, 11.3 and 11.8.

2)     Agenda Item 9.7, ‘Annual Report and Annual Report Summary for 2019/20; and Capital Expenditure Budget Carry Forward from 2019/20 to 2020/21’  - would be received before Agenda item 9.3, ‘Adoption for Audit of LTP Consultation Document’ to accommodate the arrival of the external auditor.

5.     Declaration of Conflicts of Interest

Cr Paula Thompson and Cr Stuart Crosby, as Quayside Directors, declared an interest in the following items relating to Quayside Holdings Limited:

·         9.3, Adoption for Audit of LTP Consultation Document and Supporting Material

·         10.2, Quayside Holdings Limited Annual Financial Statements for the year ended 30 June 2020 (Public Excluded)

·         10.4, Quayside Holdings Limited Process for the Appointment of a Councillor Director for Quayside Holdings Limited (Public Excluded)

·         10.3, Annual Report of Toi Moana Trust for the year ended 30 June 2020 (Public Excluded)

·         10.8, Quayside Holdings Limited – Rangiuru Business Park (Public Excluded)

6.     Minutes

Minutes to be Received

6.1

Regional Transport Committee Minutes - 7 August 2020

 

Resolved

That the Regional Council:

1          Receives the Regional Transport Committee Minutes - 7 August 2020.

Thurston/Nees

CARRIED

 

6.2

Rangitāiki River Forum Minutes - 4 September 2020

 

Resolved

That the Regional Council:

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

Iti/Clark

CARRIED

Minutes to be Confirmed

6.3

Regional Council Draft Minutes - 29 October 2020

 

Matters Arising:

·       Item 5.1. Public Forum – The Chief Executive confirmed that a staff response had been provided to Alison Cowley regarding Te Puna Rural Business Park.

Resolved

That the Regional Council:

1          Confirms the Regional Council Draft Minutes - 29 October 2020.

Leeder/Rose

CARRIED

Minutes to be Received - Continued

6.4

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

 

Resolved

That the Regional Council:

1          Receives the minutes, Civil Defence Emergency Management Group Joint Committee Minutes - 25 September 2020.

Love/Leeder

CARRIED

6.5

Rotorua Te Arawa Lakes Strategy Group Minutes - 27 October 2020

 

Resolved

That the Regional Council:

1          Receives the minutes, Rotorua Te Arawa Lakes Strategy Group Minutes - 27 October 2020.

Winters/Thurston

CARRIED

 

6.6

Tauranga Moana Advisory Group Minutes - 18 September 2020

 

Resolved

That the Regional Council:

1          Receives the minutes, Tauranga Moana Advisory Group Minutes - 18 September 2020.

McDonald/Bruning

CARRIED

 

6.7

Regional Transport Committee - 8 May 2020

 

Resolved

That the Regional Council:

1          Receives the minutes, Regional Transport Committee - 8 May 2020.

Thurston/Nees

CARRIED

 

6.8

Regional Transport Committee (Draft) - 7 August 2020

 

The Regional Transport Committee (draft) minutes were included in the agenda in error and disregarded having been superseded by the (confirmed) minutes under Agenda Item 8.2.

 

6.9

Te Maru o Kaituna River Authority - 29 May 2020

 

Resolved

That the Regional Council:

1          Receives the minutes, Te Maru o Kaituna River Authority - 29 May 2020.

Nees/Thompson

CARRIED

 

6.10

Te Maru o Kaituna River Authority - 28 August 2020

 

Resolved

That the Regional Council:

1          Receives the minutes, Te Maru o Kaituna River Authority - 28 August 2020.

McDonald/White

CARRIED

 

6.11

Eastern Bay of Plenty Joint Committee - 22 September 2020

 

Resolved

That the Regional Council:

1          Receives the minutes, Eastern Bay of Plenty Joint Committee - 22 September 2020.

Clark/Iti

CARRIED

 

6.12

Ōhiwa Harbour Implementation Forum - 22 June 2020

 

Resolved

That the Regional Council:

1          Receives the minutes, Ōhiwa Harbour Implementation Forum - 22 June 2020.

Iti/Clark

CARRIED

7.     Reports

7.1

Chairperson's Report

Chairman - In Response to Questions:

·       The meeting on 1 December 2020 discussing the future of SmartGrowth was an introductory briefing for Deputy Mayor Tina Salisbury called by SmartGrowth’s Independent Chair Bill Wasley.

 

Items for Staff Follow Up:

·       A request sought that the Chief Executive discuss with CEAG the potential of live streaming all SmartGrowth meetings due to the level of public interest and importance of matters being considered.

 

Resolved

That the Regional Council:

1          Receives the report, Chairperson's Report.

Leeder/Winters

CARRIED

Decisions Required

7.2

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

Presented by: Sarah Omundsen – General Manager Regulatory, Graeme Howard – Corporate Planning Lead and Zhivan Alach – Organisational Performance Manager

Key Points:

·       The report was in response to 10-11 November Council Workshop and presented three potential options for funding Regional Safety and Rescue Services (RSRS) through the Long Term Plan 2021-2031 (LTP).

In Response to Questions:

·       The territorial local authorities (TLAs) had funding provision for RSRS within their current LTPs, but were comfortable with the proposed options.

·       Under Options 2 and 3, TLAs would no longer provide the same level of funding to RSRS, but may choose to re-allocate the funding to other services, which may not mean a reduction in rates.

·       The proposed funding and eligibility criteria was for all RSRS organisations.

·       The option adopted by Council for consultation was not binding.

·       All options would be included in the LTP Consultation Document, with Council’s preferred option identified.

·       There was no current inclusion of funding in the LTP budget, therefore a change to the recommended option would require staff to amend the forecasted budget for audit.

Key Points - Members:

·       In support of the motion:

o    Strong response received from the Annual 2019/20 consultation to provide funding support for RSRS.

o    Option 3(i) was similar to that provided by Waikato Regional Council per ratepayer, which would be appropriate for Council to follow suit.

o    Supporting RSRS aligned with Council’s long term strategy to care for the welfare of people.

o    The region was a playground for a large number of visitors, which put additional pressure on RSRS.

o    The targeted rate was reasonable and would not affect general rates.

o    Supported changing the preferred option and were cognisant of the effect this would have on the budget for audit purposes.

·       In opposition to the motion:

o    There was no current funding provision within the LTP budget.

o    Sought more comprehensive engagement and submissions from the TLAs to establish their intent before making a decision on a preferred option.

Resolved

That the Regional Council:

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

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

3          (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?

(iii) With a preferred option of “Yes up to $400,000 p.a.”

4          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).

5          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.

Winters/Rose

CARRIED

 

 

10:26 am – the meeting adjourned.

 

10:45 am - the meeting reconvened.

8.     Public Excluded Section

Resolved

Resolution to exclude the public

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

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

Item No.

Subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

When the item can be released into the public

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.

10.8

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.

2        That Scott Hamilton and Sir Robert McLeod – Quayside Holdings Ltd be permitted to stay in the public excluded section of the meeting due to their knowledge of the above matters under discussion.

Leeder/Winters

CARRIED

 

 

8.1

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

 

Key Points - Staff:

·       Verbal clearance had been received from Audit NZ for all financials.

·       Audit NZ Director Leon Pietersen was ready to sign an unmodified audit report for the Annual Report and Summary on adoption.

·       COVID-19 was a large area of focus for Audit NZ, who were comfortable with the financial performance disclosures, revaluations and assessments.

·       COVID-19 disclosures were in accordance with other councils/entities.

Staff - In Response to Questions:

·       Confirmed a transposition error had been made on page 344 of the agenda in relation to the Quayside Holdings Limited dividend, but was consistently recorded as $32.1 million in the final 2019/2020 Annual Report and Report Summary for audit.

·       COVID-19 costs were recoverable from Central Government.

·       Noted that the audit opinion would be circulated after the Council meeting.

Key Points - Members:

·       Requested that the audit opinion be circulated before councillors consider and accept the report recommendations.

·        

 

Resolved

That the Regional Council:

1          Defers consideration and adoption of the report recommendations until later in the meeting.

Leeder/Rose

CARRIED

 

 

8.2

Adoption for Audit of LTP Consultation Document and Supporting Material

Presentation - Long Term Plan 2020-2031 Adoption for Audit: Objective ID A3700700  

Tabled Document 1 - Chief Executive's Speaking Notes: Objective ID A3700525   

Presented by: Fiona McTavish – Chief Executive, Debbie Hyland – Finance and Transport Operations Manager and Zhivan Alach - Organisational Performance Manager

Key Points:

·       The Chief Executive acknowledged councillors and staff’s considerable effort in progressing the draft Long Term Plan (LTP) and highlighted the significant direction and key transformational changes proposed.

·       Seven formal questions were to be incorporated into the Consultation Document, which would include the decision on Regional Safety and Rescue Services (RSRS) made earlier at the meeting.

·       Recommendation 6 and 12 would need to be amended to incorporate Council’s decision on RSRS and align with the direction provided at the Strategy and Policy Committee Workshop on 10 December.

In Response to Questions:

·       One of the community consultation questions sought feedback on public transport service levels for Tauranga, which were proposed to be reserve funded in Years 0-3 to support a proposed increase in targeted rates for Western Bay of Plenty Transport Systems Plan (TSP) projects.

·       The Toi Moana Trust distribution was included in the financial position.

·       Preferred options in the Consultation Document were required for audit and either identified Council’s position or where it did not have a clear position.

·       Consultation feedback was being sought on other PT fare options, including community services cards, which was separate to the direction provided by Council on bus and mobility cards funding provisions. The consultation feedback would inform the PT fare review that would progress through the review of the Regional Public Transport Plan.

·       Due to the current economic climate, Quayside Holding Limited’s (QHL) 10-year forecast for the annual dividend would need to be revisited.

·       QHL’s Statement of Expectations (SoE) was within the public domain and would be clarified.

·       Greater focus may be required within Year 1 of the LTP or the Annual Plan on the Urban Form and Transport Initiative (UFTI), which staff would report back to Council on 18 February.

·       Feedback on Te Hononga would assist to inform future funding allocations for Māori engagement for the NPSFM which would be reported back to Council in March 2021 as part of LTP deliberations.

Key Points - Members:

·       Sought further transparency and explanation within the LTP Consultation Document of Council’s financial sustainability, and accumulative impacts of the UFTI and the TSP.

·       Quayside’s risk profile and SoE needed further explanation when taking the Consultation Document out for public submission.

·       Consultation questions needed to be more explicit to inform the development of a policy framework on greater volunteers, community participation and Māori partnerships.

·       Sought further amendments and clarity within the Consultation Document questions.

·       TSP notations should be mirrored within Tauranga City Council’s discussion documents.

 

Items for Staff Follow Up:

·       Provide Councillors with the Chief Executive’s speech notes with the minutes (refer Tabled Document 1).

 

Resolved

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 decisions on additional on-lending to Quayside Holdings Limited and Regional Safety and Rescue Services funding 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 provisional climate change position for the purposes of audit noting that a significantly changed positon statement will come to the 18 February 2021 Council Meeting for adoption.

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, subject to further consultation with Councillors, 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.

18       Recognises the efforts of staff that have gone into today’s decisions.

Nees/White

CARRIED

 

Cr Crosby and Cr Thompson had declared an interest and abstained from voting on matters relating to Quayside Holdings Limited.

 

8.3

University of Waikato Science Chair Agreement - 2021-2030

Presented by: Helen Creagh - Rotorua Catchments Manager

In Response to Questions:

·       Clarified the rates, terms and conditions of the agreement, which had been reviewed by Council’s legal team.

·       Council held a long-standing and good working relationship with the University of Waikato and had appropriate tools in place to support any areas of difficulty that may arise within the agreement term.

·       The 10 year agreement term would support and attract the recruitment of a new Freshwater and Lake Chair.

·       Funding allocation of the Science Chair programmes were partially funded by Council and determined by the University of Waikato.

·       Considered the programmes could be delivered under the agreement term.

Key Points - Members:

·       The te reo Māori names created for the Chair positions had been checked with registered Te Reo Māori interpreters.

 

Items for Staff Follow Up:

·       Consider councillors’ feedback regarding equality of financial contribution between the Science Chairs/programmes, in recognition of the future focus planned on coastal research.

 

Resolved

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.

Thurston/von Dadelszen

CARRIED

 

8.4

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

Presented by: Namouta Poutasi – General Manager Strategy and Science, Rachel Boyte – Legal Counsel

Key Points:

·       One application had been filed with the Environment Court by the Royal Forest and Bird Protection Society (Forest and Bird) against Council’s decisions on the Regional Pest Management Plan.

·       Staff recommended that the associated matters be severed from the plan to enable new rules and the rest of the plan to be implemented, and for an Appeals Subcommittee to be established to provide direction on appeal matters.

In Response to Questions:

·       The proposed course of action would remove the advisory pest plants from the plan while the “sustained control” list would remain unchanged. If Forest and Bird’s application was successful, the advisory pest plants could be transferred to the “sustained control” list with the inclusion of a new rule, or re-inserted as advisory pests if the application was unsuccessful.

·       The Appeals Subcommittee members were not required to hold hearing commissioner accreditation.

Members Comments:

·       Cr Nees and Cr Clark expressed an interest to be appointed to the Appeals Subcommittee.

 

Resolved

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, with Cr Nees and Cr Clark appointed to the Subcommittee, and Cr Nees appointed as the Subcommittee Chair.

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 Policy Committee to appoint replacement members to the Appeals Subcommittee if necessary.

Thurston/Winters

CARRIED

 

8.5

Adoption of the Flood Protection and Drainage Bylaws 2020

Presented by: Toni Briggs - Project Manager and Kirsty Brown – Rivers and Drainage Assets Manager

Key Points - Members:

·       Recognised the efforts of the Hearing Panel Chair, members and staff.

·       Discussed key lessons learnt and encouraged good communication and a similar process to be used for other plans.

·       A fundamental principle of the bylaw recognised that “only tangata whenua could identify and evidentially substantiate their relationship, culture and traditions, with their ancestral lands water, sites, waahi tapu and other taonga”, which was viewed as a significant achievement.

·       Regarding Bylaw clause 12.2.1 and the co-design of Iwi/Hapū Management Plans, consideration was sought for Komiti Māori to provide oversight and guidance to staff as they worked with tangata whenua on the process.

 

Resolved

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.

von Dadelszen/Bruning

CARRIED

Information Only

8.6

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

Presented by: Mat Taylor – General Manager Corporate and Andy Dixon - Treasury & Tax Specialist.

 

Resolved

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.

Thompson/Crosby

CARRIED

 

8.7

Arotake Tuatahi 2020/21 - Performance Monitoring Report Quarter One

Presented by: Debbie Hyland – Finance and Transport Operations Manager and Zhivan Alach - Organisational Performance Manager

Key Points - Members:

·       Noted that Council was aligned and within budget constraints.

·       Sought that staff keep Council updated on forecasted reserve balances, i.e. public transport and equalisation to mitigate the impost to ratepayers.

 

Resolved

That the Regional Council:

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

2          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.

Thompson/von Dadelszen

CARRIED

 

8.8

Acting Chief Executive

Presented by: Mat Taylor – General Manager Corporate

 

Resolved

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.

Winters/Thompson

CARRIED

 

1:03 pm – the meeting adjourned.

 

1.33 pm – the meeting reconvened.

 

8.9

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

Tabled Document 2 - BOPRC Summary Representation letter 2020: Objective ID A3708217 

Tabled Document 3 - BOPRC Audit Report 2020: Objective ID A3708215 

Tabled Document 4 - BOPRC Summary Audit Report 2020: Objective ID A3708218   

 

 

The audit report and opinion (refer Tabled Documents) were circulated to councillors for consideration, following the deferral of the item earlier in the meeting.

 

Resolved

 

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.

Leeder/von Dadelszen

CARRIED

9.     Public Excluded Section

Resolved

Resolution to exclude the public

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

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

Item No.

Subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

When the item can be released into the public

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.

9.1

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.

9.4

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.

9.5

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.

9.6

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.

9.7

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.

Leeder/Thurston

CARRIED

10.   Public Excluded Business to be Transferred into the Open

10.1

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

 

 

 

Resolved

That the Regional Council:

1          Receives the report, Quayside Holdings Limited Annual Financial Statements for the year ended 30 June 2020;

2          Adopts the Annual Financial Statements for Quayside Holdings Limited for the period ended 30 June 2020;

3          Reappoint the Office of the Auditor-General,  as the  Auditors  of the  Company,  and  authorise the  Directors of Quayside Holdings Limited to negotiate with the Office of the AuditorGeneral pursuant  to the Public Audit Act 2001 to fix the Auditors remuneration for the ensuing year;

4          Agrees that, on the basis of six directors, the aggregate remuneration pool for Quayside Holdings Limited directors is set as $197,500 (plus GST if any), and that it be noted that Quayside Holdings Limited intends to approve an equivalent limit to be divided between directors of Quayside Holdings Limited’s subsidiaries – Quayside Securities Limited and Quayside Properties Limited;

5          Notes the Quayside presentation;

6          Agrees to transfer the report and resolutions into the Open section of the meeting at the conclusion of the meeting.

7          Confirms the public be excluded from consideration of this report and its attachments on the grounds set out in the Local Government Official Information and Meetings Act 1987 under Section 48(1)(a)(i) Section 7 (2)(j) as withholding the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.

Leeder/Winters

CARRIED

 

Cr Thompson and Cr Crosby declared an interest and did not participate in discussion or voting.

 

11.   Closing Karakia

A karakia was provided by Cr Toi Iti.

2:25 pm – the meeting closed.

 

 

Confirmed 16 February 2021                                                                                                      

                                                                                                                         Chairman Doug Leeder

Chairperson, Regional Council