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:

Tuesday 16 February 2021 COMMENCING AT 11.30 am (and to be continued via Zoom on Thursday 18 February 2021 if required)

This meeting will be recorded

The Public section of this meeting will be recorded and available on Bay of Plenty Regional Council’s website after the meeting. 

 

Fiona McTavish

Chief Executive, Bay of Plenty Regional Council Toi Moana

5 February 2021

 


 

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 uploaded to Bay of Plenty Regional Council’s web site in accordance with Council's Live Streaming and Recording of Meetings Protocols which can be viewed on Council’s website. The recording will be archived and made publicly available on Council's website within 48 hours after the meeting on www.boprc.govt.nz for a period of three years (or as otherwise agreed to by Council).

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                                                                                                      16 February 2021

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

Presentation: Regional Council’s Summer Experience Programme 2021

4.       Items not on the Agenda

5.       Order of Business

6.       Declaration of Conflicts of Interest

7.       Public Excluded Business to be Transferred into the Open

8.       Minutes

Minutes to be Confirmed

8.1      Regional Council Minutes - 17 December 2020                                     1

9.       Reports

9.1      Chairperson's Report                                                                               1

Decisions Required

9.2      Additions to Engineering Services Panel Contract - Part 2                 1

9.3      Rivers and Drainage, and Lakes 2020/21 Capital Works - Procurement Plan Change                                                                                              1

Attachment 1 - Procurement Plan for  2020-21 Capital Works (R&D) V2 (PDF)         1

9.4      Toi Moana Climate Change Statement                                                  1

Attachment 1 - BOPRC Draft Climate Change Statement                                              1

9.5      Adoption of Statement of Proposal for Fees and Charges Policy      1

Attachment 1 - Statement of Proposal:Fees and Charges                                             1

Attachment 2 - Proposed Fees and Charges Policy                                                        1

9.6      Adoption of Consultation Document and Supporting Documentation for Long Term Plan 2021-2031                                                                1

This item is expected to be adjourned and reconvened on 18 February 2021 (via Zoom).

Attachment 1 - BOPRC LTP Consultation Document Adoption for Consultation       1

Supporting Document 1 - BOPRC Draft Groups of Activities Management Plans 2021-2031 - Adoption For Consultation

Supporting Document 2 - BOPRC Draft Asset Management Plans 2021-2031 - Adoption For Consultation

Supporting Document 3 - BOPRC Draft Financial Policies and Other Policies 2021-2031 - Adoption for Consultation

Supporting Document 4 - BOPRC LTP 2021-2031 Volume Rua - Adoption for Consultation

Information Only

9.7      Arotake Tuarua 2020/21 - Performance Monitoring Report Quarter Two (October to December 2020)

This item will be distributed under a separate cover and will include two public excluded attachments.

10.     Public Excluded Section

Resolution to exclude the public

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

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

Item No.

Subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

When the item can be released into the public

10.1

Public Excluded Regional Council Minutes - 17 December 2020

As noted in the relevant Minutes.

As noted in the relevant Minutes.

To remain in public excluded.

10.2

Groundwater monitoring site installation - new contract and capital funding arrangements

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.

10.3

Opotiki Harbour Development Funding Agreement

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.

 

Minutes to be Confirmed

10.1    Public Excluded Regional Council Minutes - 17 December 2020

Decisions Required

10.2    Groundwater Monitoring Site Installation - New Contract and Capital Funding Arrangements

Information Only

10.3    Opotiki Harbour Development Funding Agreement

Attachment 1 - Confidential: Funding Agreement - Opotiki Harbour Development Project

11.     Public Excluded Business to be Transferred into the Open

12.     Readmit the Public

13.     Consideration of Items not on the Agenda

14.     Closing Karakia


Regional Council Minutes

17 December 2020

 

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

Resolved

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                                                                                                                                          

                                                                                                                         Chairman Doug Leeder

Chairperson, Regional Council


 

 

 

Report To:

Regional Council

Meeting Date:

16 February 2021

Report Authoriser:

Doug Leeder, Chairperson

 

 

Chairperson's Report

 

Executive Summary

Since the preparation of the previous Chairman’s Report (for the 17 December 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 (BOPRC). 

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

9 December 2020

One year anniversary event to remember the victims of Whakaari - Whakatane

Ngāti Awa hosted whanau, visitors and the wider community, with the support of Government agencies.

16 December 2020

SmartGrowth Leadership Group meeting – Tauranga

Attended.

2 January 2021

Lake Rotoiti Community Association Incorporated Annual General Meeting - Rotorua

Attended.

17 January 2021

Lake Tarawera Ratepayers Association Annual General Meeting – Rotorua

Attended.

18 January 2021

Launch of Bay Conservation Alliance "Conservation Cadets - Tauira Mahi Programme"- Oropi

The programme is part of the Government’s Jobs for Nature scheme to boost employment, protect and enhance the environment while accelerating the recovery from the impact of COVID-19.

 

Environment Minister David Parker was also in attendance.

1 February 2021

Lakes Water Quality Society Annual General Meeting – Rotorua

BOPRC staff and Fiona McTavish provided an integrated presentation on   the National Policy Statement for Freshwater Management, its implications for the Rotorua Lakes and the process that BOPRC will be using to progress the development of the Regional Policy Statement.

3 February 2021

Tauranga Chamber of Commerce ‘Business After 5’ event – Tauranga

 

Hosted by BOPRC, the purpose of the event was to connect with the business sector and raise awareness about who BOPRC are and what we do.

Fiona McTavish was our keynote speaker, and spoke about our Long Term Plan, the value Quayside Holdings Limited bring to the region, upcoming key projects, and our climate change work.

4 February 2021

Jobs for Nature Reference Group Meeting -  Video conference

Attended.

 

 


 

 

 

Report To:

Regional Council

Meeting Date:

16 February 2021

Report Writer:

Mark Townsend, Engineering Manager

Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Purpose:

Gain approval to add suppliers to an existing panel contract.

 

 

Additions to Engineering Services Panel Contract - Part 2

 

Executive Summary

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

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

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

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

·    Part 1: Evaluate and recommend the known Suppliers in the categories that were needed immediately (approved by Council 30 September 2020).

·     Part 2: Evaluate and recommend the tenders not included in Part 1 (subject of this paper).

 

Recommendations

That the Regional Council:

1        Receives the report, Additions to Engineering Services Panel Contract - Part 2.

2        Approves the additions to the Engineering Services Panel Contract as recommended under section 2.2 below and delegates to the Chief Executive the authority to execute new contracts for these Suppliers.

 

1.        Introduction

In 2015/16 Council undertook an improvement to its consultancy contracts. The method of sourcing work at that time, on a job-by-job basis, was considered inefficient.

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

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

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

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

The categories identified as needing additional suppliers were:

·    Flood Management

·    Geotechnical Engineering

·    Engineering Design

·    Project Management

·    Consent Planning

·    Engineering Technical Reviews of Resource Consents

 

1.1      Alignment with Strategic Framework

 

The Way We Work

We use robust information, science and technology.

1.1.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

þ Cultural

Low - Positive

þ Social

Low - Positive

þ Economic

Low - Positive

 

 

2.        Request for Proposals – Engineering Services Panel Contract

2.1      Tender Evaluation Process

Tenders were received from 58 different Suppliers covering some or all of the categories bulleted in section 1. This number of responses far exceeded that expected. There was an urgent need to add some of the Suppliers last year, especially where their capabilities were well known and their services were needed immediately to support the current year’s capital works programme.

The tender evaluation was therefore progressed in two parts: The first part was completed in September 2020 when Council approved (30 September 2020 Council meeting) the additions to these ‘urgent’ categories.

This report makes recommendations to add suppliers evaluated as being appropriate for the remainder of the panels - those not reported on in September 2020.

2.2      Recommendation of Suppliers to be added to the Engineering Services Panel Contract – Part 2

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

 

·   Flood Management – Aqueus Consulting Ltd, Fluvial Environmental, GHD, Te Miro Water Consultants Ltd;

 

·   Geotechnical Engineering – AECOM, Golder Associates (NZ) Ltd, Pattle Delamore Partners Ltd, Resource Development Consultants Ltd;

 

·   Engineering Design – Civil Assist Ltd, Damwatch Engineering Ltd, Riley Consultants Ltd;

 

·   Project & Contract Management – GHD, Norconsult NZ Ltd, Worley NZ Ltd;

 

·   Consent Planning – 4Sight Consulting Ltd, Civil Assist Ltd, Enspire Consulting Ltd;

 

·   Engineering Technical Reviews of Resource Consents – 4Sight Consulting Ltd, Aurecon NZ Ltd, Bloxam Burnett and Oliver Ltd, CKL Surveys Ltd, Damwatch Engineering Ltd, Macky Fluvial Consulting Ltd, Pattle Delamore Partners Ltd, Riley Consultants Ltd, Stantec NZ Ltd, Te Miro Water Consultants Ltd, Tektus Consultants Ltd, Terra Consultants, WSP.

 

3.        Considerations

3.1      Risks and Mitigations

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

3.2      Climate Change

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

3.3      Financial Implications

Engagement of Engineering Services Panel Suppliers is undertaken within existing project and activity budgets. The approval of these additional suppliers onto the panel does not involve any unbudgeted financial implications.

 

4.        Next Steps

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

Execution of contract documentation will follow for each successful supplier.

 


 

 

 

Report To:

Regional Council

Meeting Date:

16 February 2021

Report Writer:

Mark Townsend, Engineering Manager

Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Purpose:

To approve a change in a procurement plan

 

 

Rivers and Drainage, and Lakes 2020/21 Capital Works - Procurement Plan Change

 

Executive Summary

The Rangitaiki Capital work programme for 2020/21 is proceeding at pace, as planned. However, due to the volumes of stopbank material being utilised there is an impending shortage of suitable material able to be supplied. In the interests of maintaining the excellent progress and momentum of construction work underway, the following is proposed:

·      Defer the Rangitāiki River Stopbank Upgrade (left bank below Thornton Rd) until 2021/22 when stopbank material availability is anticipated to improve.

·      Bring forward the Thornton Floodwall upgrade to 2020/21 as it is ready for construction and there is contractor availability.

The net financial impact on the Rangitāiki Tarawera Scheme of the above is minor and is further reduced due to the presence of Central Government funding.

Bringing forward the partly funded Thornton Floodwall fits in with Central Governments Covid 19 recovery philosophy and the government funding partner has agreed to the change.

 

Recommendations

That the Regional Council:

1        Receives the report, Rivers and Drainage, and Lakes 2020/21 Capital Works - Procurement Plan Change.

2        Approves the proposed change to defer the Rangitāiki River Stopbank Upgrade ($930,000) until 2021/22 and bring forward the Thornton Floodwall to 2020/21 ($1,000,000).

 

1.        Introduction

On 3 September 2020 Council approved the Rivers and Drainage, and Lakes 2020/21 Capital Works Procurement Plan. Council also approved the financial changes needed to accommodate the funding provided by Central Government.

The construction work programmed for 2020/21 is proceeding as planned. However, due to the volumes of stopbank material being utilised for the Rangitāiki Floodway work, there is an impending shortage of suitable material able to be supplied.

1.1      Alignment with Strategic Framework

 

Safe and Resilient Communities

We support community safety through flood protection and navigation safety.

A Vibrant Region

We invest appropriately in infrastructure to support sustainable development.

The Way We Work

We deliver value to our ratepayers and our customers.

 

1.1.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

þ Cultural

Low - Positive

þ Social

Medium - Positive

þ Economic

High - Positive

 

 

2.        Proposed Change to Procurement Plan

2.1      Current Work Priorities

With the impending shortage of available stopbank material, priority for suitable stopbank material has been given to the Rangitāiki Floodway Project and other projects part funded by Central Government.

Thus, for the 2020/21 construction season the priority for projects is as follows:

1.   Rangitāiki Floodway Stage 6a – nearing completion

2.   Rangitāiki Floodway Stage 6b – underway

3.   Rangitāiki Floodway Stage 6c – Awarded and due to commence shortly

4.   Rangitāiki Floodway Stage 7 – last portion to recommence once 6a complete

5.   Rangitāiki Floodwalls – Greig Rd floodwall project nearing completion

6.   Kaituna Mole Reconstruction – proceeding as scheduled

7.   Ngongotahā Stream Mitigation – proceeding as planned

8.   Whakatāne Urban Stopbank Upgrade – progressing

9.   Rangitāiki River Stopbank Upgrade (left bank below Thornton Rd) – finalising design

10. Lake Ōkāreka Pipeline Upgrade – out to tender

Note: Priority projects 1-8 above all received funding from Central Government.

In terms of stopbank material. Priority projects 1-5 have secured material. Priority projects 6-8 and 10 have no need for additional stopbank material to be supplied.

Priority 9, Rangitāiki River Stopbank Upgrade (left bank below Thornton Rd) is the lowest ranked, in priority, of the projects that require stopbank material. It is also not part-funded by Central Government.

2.2      Rangitāiki River Floodwalls

Three floodwalls on the Rangitāiki River were identified as needing upgrading. All three have been allocated 75% funding from Central Government. The construction work has been programmed and costed as follows:

·      2020/21 Greig Rd Floodwall $1.2M

·      2021/22 Thornton Floodwall $1.0M

·      2022/23 College Rd Floodwall $0.8M

As stated in 2.1 above, the Greig Rd Floodwall work is nearing completion.

The Thornton Floodwall has been designed, materials have been ordered, tender documentation has been prepared and enabling work is underway.

The College Rd Floodwall is currently in the detailed design phase.

2.3      Proposal

Due to the impending shortage of available stopbank material and in the interests of maintaining the excellent progress of construction work, the following is proposed:

·      Defer the Rangitāiki River Stopbank Upgrade (left bank below Thornton Rd) until 2021/22 when stopbank material availability is anticipated to improve;

·      Bring forward the Thornton Floodwall to 2020/21 as it is ready for construction and there is contractor availability.

3.        Considerations

3.1      Risks and Mitigations

Community assets protected by the Rangitāiki River left bank stopbank below Thornton Road are at risk by not upgrading the stopbank, but this risk is a very low risk. Contingency planning to alleviate this risk entails sandbagging and temporary placement of appropriate fill material should flood forecasting require it. The risk can be managed by these methods in the meantime.

Bringing forward the floodwall project and deferring the stopbank upgrade project will does affect finances – refer Financial Implications section below.

3.2      Climate Change

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

3.3      Implications for Māori

There are no implications for Māori specifically as a result of the proposed change.

3.4      Community Engagement

          The Rangitāiki Tarawera River Scheme Advisory Group are being consulted about the proposed change and it is anticipated that their views can be conveyed verbally at the Council meeting when this paper is presented.

3.5      Financial Implications

The proposal is in two parts:

·      to defer spending of $930,000 allocated to the Rangitāiki Stopbank Upgrade in 2020/21 until the 2021/22 financial year

·      to bring forward from 2021/22 the budget allocation of $1,000,000 allocated to Rangitāiki Floodwalls into the 2020/21 financial year.

The net impact on the Rangitāiki Tarawera Scheme of this is an increase in budget of $70,000 in 2020/21 and a decrease in budget of $70,000 in 2021/22. The impact on ratepayers is reduced due to the presence of 75% central government funding as shown in the financial impact table below.

 

4.        Next Steps

Adjustment of project plans to accommodate proposed changes.

Changes in financial budgets to accommodate proposed changes.

Confirmation with Central Government of proposed change.

Attachments

Attachment 1 - Procurement Plan for  2020-21 Capital Works (R&D) V2 (PDF)   


Regional Council                                                                                                16 February 2021

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Report To:

Regional Council

Meeting Date:

16 February 2021

Report Writer:

Jane Palmer, Senior Planner Climate Change

Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Purpose:

To present a revised draft ‘Climate Change Statement’ for Councillors to consider for inclusion in the Long Term Plan Consultation Document

 

 

Toi Moana Climate Change Statement

 

Executive Summary

Following the direction provided by Councillors at the 10 December Strategy and Policy workshop, the draft ‘Climate Change Position Statement’ has been revised in light of Councillor feedback. This paper presents a revised draft ‘Climate Change Statement’ (Appendix 1) for Councillors to consider for inclusion in the Consultation Document for the Long Term Plan 2021-2031.

 

Recommendations

That the Regional Council:

1        Receives the report, Toi Moana Climate Change Statement.

2        Considers the draft Climate Change Statement in Appendix 1 for inclusion in the Consultation Document for the Long Term Plan 2021-2031

 

1.        Introduction

There have been a number of climate change discussions and decisions through the development of the Long Term Plan 2021-2031 and around the reset of the Council’s Climate Change Action Plan.

Following the direction provided by Councillors at the 10 December Strategy and Policy workshop, the draft ‘Climate Change Position Statement’ presented to the 10 December workshop has been revised in light of Councillor feedback. This paper presents a revised draft ‘Climate Change Statement’ (Appendix 1) for Councillors to consider.

The essential purpose behind the Statement is to guide Council’s advocacy activities and also to ensure consistency across council-led initiatives.

The intention is to include the Position Statement in the Consultation Document for the Long Term Plan 2021-2031, which is being considered for adoption at this meeting.

1.1      Legislative Framework

New Zealand’s response to climate change at a national level is framed by Central Government’s Climate Change Response (Zero Carbon) Amendment Act 2019, which covers both mitigation (reducing greenhouse gas emissions) and adaptation (building resilience and dealing with the impacts of climate change). Under this Act, the Government will establish a system of emissions budgets and reductions plans and a series of national climate change risk assessments and national adaptation plans. The Climate Change Commission will be issuing its first package of advice for consultation from 1 February to 14 March 2021 which will include the country’s first three emissions budgets covering the period until 2035.

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

Under the wider review of NZ resource management system, the Government will be looking at the introduction of the proposed ‘Managed Retreat and Climate Change Adaptation Act’ in 2022.

1.2      Alignment with Strategic Framework

 

A Healthy Environment

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

Freshwater for Life

We collaborate with others to maintain and improve our water resource for future generations.

Safe and Resilient Communities

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

A Vibrant Region

We work with and connect the right people to create a prosperous region and economy.

The Way We Work

We look to partnerships for best outcomes.

Climate Change is identified as one of the Council’s strategic challenges. The draft Climate Change Statement sets out the Bay of Plenty Regional Council’s view of what needs to occur in our region, in order to seek transformational change and guide how our community responds to climate change. The range of changes required align to all four Community Outcomes. As a cross-cutting issue, working in partnership, both within Council and with our external partners, is crucial to delivering an effective response to the complex issues relating to climate change.

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

Climate change is an established environmental, social, cultural and economic issue which has wide ranging effects on all aspects of our society. The draft Climate Change Statement signals Council’s commitment to responding to the challenges of climate change, supported by Council’s Climate Change Action Plan.

Overall, the impacts on the well-beings are expected to be positive. However, the substantial shifts needed to transition to a low carbon and climate resilient society will involve trade-offs that may negatively impact the well-beings of particular sectors, although these are likely counterbalanced by positive impacts in other areas. For instance, a shift to lower carbon distributed generation (eg. solar panels) across the region may have an initial negative economic impact for the electricity supply sector, but also presents opportunities for new business models, such as energy supply companies which provide a broad range of energy solutions where energy is considered a service rather than as a commodity.

 

2.        Draft Climate Change Statement

2.1      Background

Over the course of the Long Term Plan 2021-2031 development process, there have been a number of climate change discussions and decisions through Council workshops and meetings.

Key initiatives to note arising from these discussions include:

·      Funding approved for the 2020/21 Annual Plan to deliver projects aligned to the Chief Executive’s KPIs;

·      Projects and consultation questions approved for inclusion in the 2021-2031 Long Term Plan;

·      Actions carried out under the Climate Change Programme (24 discrete action areas); and

·      BOPRC Climate Change Communications Strategy.

In parallel with the Long Term Plan development, Councillors have been considering the reset of the Climate Change Action Plan (August 2020 Strategy & Policy report). The aim of the reset was to lift up the content of the Action Plan and make it more policy focused, in order to guide and direct decision-making around climate change across the Bay of Plenty region. The development of the draft Climate Change Statement is a central part of this reset.

2.2      Development of the Draft Climate Change Statement

A draft ‘Climate Change Position Statement’ was discussed by Council at the 10 November Long Term Plan workshop and 10 December Strategy and Policy workshop. The purpose of the Position Statement was to enable Council to actively engage in policy setting and project initiation discussions on a more specific basis by establishing a clear set of statements about where the region needs to act to meet our climate change challenges.

Feedback from Councillors at the workshops indicated:

·      Support for some form of Climate Change Statement to help influence others to contribute to the region's climate change response;

·      The statement should sit alongside the Climate Change Action Plan, as a higher level document, rather than replace the Action Plan;

·      Wording of the draft statement presented needed to be refined and amended to incorporate a vision statement and objectives adapted from the Greater Wellington 2015 Climate Change Strategy;

·      Councillors wished to provide further comment on a revised draft statement via email prior to the finalisation of the 18 February Council meeting agenda.

The draft Climate Change Statement provided in Appendix 1 reflects this feedback. This is the same draft Statement as was circulated to Councillors via email on 25 January - no further feedback from Councillors has been received, to date.

The intention is for the Climate Change Statement to be included in the Consultation Document for the Long Term Plan 2021-2031, which is being presented for adoption in a separate paper to this meeting.

Following community feedback, a final version of the Statement would be included in the Long Term Plan 2021-2031, setting out Toi Moana’s key areas of focus for climate change action and awareness.

3.        Considerations

3.1      Risks and Mitigations

With the Council declaring a climate emergency in June 2019, there is a reputational risk of Council being perceived as not taking sufficient action on climate change considered commensurate with an ‘emergency’. Adoption of the Climate Change Statement will help mitigate this risk by signalling Council’s ongoing engagement with this issue and clarifying the key areas of focus for Council.

There are also financial risks associated with lack of action on climate change; investment in both mitigation and adaptation measures sooner rather than later will avoid significant costs at a later date when the issues have become far more severe.

3.2      Climate Change

 

Mitigation

Adaptation

Reduce GHG emissions

Produce GHG emissions

Sequester carbon

Anticipate climate change impacts

Respond to climate change impacts

 

The Climate Change Statement will guide Council’s response to climate change in terms of priorities and actions around both mitigation and adaptation. 

3.3      Implications for Māori

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

·   Are there any positive or negative effects on Māori (social, cultural or economic)?

·   What consultation/engagement has been undertaken with Māori and what form did it take? How did Māori contribute to this decision?

·   Does the issue require consideration of: iwi planning documents, Treaty settlement legislation or any other document expressing matters of importance to Māori?

Crtl + click for Guideline material.

Climate change is of interest to Māori as it is to the whole community. Māori have particular interests around the impacts of climate change on land and land use – and in climate change adaptation where coastal areas are subject to sea level rise and weather event erosion. Climate change is beginning to be identified specifically in iwi management plans with the inclusion of natural hazards as a key topic.

The Climate Change Statement will inform and guide how we can work in partnership with Maori and support conversations around the regional climate change challenges.

3.4      Community Engagement

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

Consider identifying in the report:

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

• What aspect of the community is involved.

• How the views of the community were obtained.

• How the views were recorded and reported.

Adobe Systems

CONSULT

Whakauiuia

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

Previous consultation with our community has identified climate change as a key issue of concern. It will be important to seek feedback from the community on the draft Climate Change Statement to ensure the Statement reflects what the community considers as priority areas of focus.

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.

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

4.        Next Steps

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

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

·      Following Council approval of the Climate Change Statement, it will be included in the Consultation Document for the Long Term Plan 2021-2031 for community feedback.

·      The Statement will finalised in light of community feedback through the Long Term Plan Deliberations process for inclusion in the Long Term Plan 2021-2031 in June 2021.

Attachments

Attachment 1 - BOPRC Draft Climate Change Statement   


Regional Council                                                                                                                16 February 2021

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Report To:

Regional Council

Meeting Date:

16 February 2021

Report Writer:

Mark Le Comte, Principal Advisor, Finance

Report Authoriser:

Sarah Omundsen, General Manager, Regulatory Services

Purpose:

To adopt the Statement of Proposal and Fees and Charges for public consultation

 

 

Adoption of Statement of Proposal for Fees and Charges Policy

 

Executive Summary

This paper recommends that the Council adopts the ‘Statement of Proposal: Fees and Charges Policy’ (SOP) for public consultation (Appendix 1). This SOP outlines the major proposed changes from previous policies as:

·      Expanded scope to cover fees and charges other than Resource Management Act Charges.

·      Changes to Resources Management Act monitoring categories and frequencies based on current risk assessments.

·      Changes to Fees and Charges based on updated estimates of monitoring effort and associated costs.

 

 

Recommendations

That the Regional Council:

1        Receives the report, Adoption of Statement of Proposal for Fees and Charges Policy .

2        Adopts the ‘Statement of Proposal: Fees and Charges’ for public consultation and the ‘Proposed Fees and Charges Policy’ using the Special Consultative Procedure under the Local Government Act, to be consulted on concurrently with the Long Term Plan 2021-2031.

3        Notes the consent holders and the Port of Tauranga will receive notifications that the consultation is taking place.

4        Delegates authority to the Chief Executive to make minor editorial and formatting amendments to the Statement of Proposal and supporting information document if required.

 

1.        Introduction

The framework for setting RMA charges sits under Section 36 of the Resource Management Act 1991 (RMA). The Council also has certain functions under the Building Act 2004 (BA), section 243 of the Act allows Council to set a fee for the performance of some of its functions. Setting RMA and BA fees must follow a Special Consultative Procedure. Bylaw fees can be prescribed in either in the Bylaw or following a process that gives effect to the Local Government Act Principles of Consultation.

In order to aid transparency, the Proposed Fees and Charges Policy includes:

·      RMA Fees and Charges (proposed update from 2019/20 Policy)

·      BA Fees and Charges (proposed update from 2019/20 Policy)

·      Flood Protection and Drainage Bylaw fees and Charges (new content anticipated by 2020 Bylaw)

·      Navigation Safety Bylaw (proposed update to Port Charges)

This paper recommends that the Council adopts, for the purposes of public consultation, the ‘Statement of Proposal: Fees and Charges’ (SOP), included as Attachment 1 to this report. A tracked changes version of the ‘Resource Management Act and Building Act Charges Policy 2019/20 ‘is included as Attachment 2 supporting document for public consultation to enable easy comparison of changes.

All charges quoted (except for Port Charges) include GST.

1.1      Legislative Framework

The main legislation involved is:

·      Resource Management Act section 36.

·      Building Act section 243

·      Local Government Act sections 82, 83 and 150.

1.2      Alignment with Strategic Framework

 

A Healthy Environment

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

Freshwater for Life

 

Safe and Resilient Communities

We support community safety through flood protection and navigation safety.

A Vibrant Region

 

The Way We Work

We deliver value to our ratepayers and our customers.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

¨ Cultural

 

¨ Social

 

¨ Economic

 

 

 

2.        Outline of proposed changes to fees and charges

Staff have developed the proposed Fees and Charges policy based on direction at workshops in 2020. The proposed policy was adopted for Audit at the Council meeting on 17 December 2020 as a supporting document for the Long Term Plan 2021-2031. There have been no changes as a result of Audit.

The following sections outline the main areas of changes, with further information in the SOP.

2.1      Expanded scope to cover fees and charges other than Resource Management Act Charges

The proposed Fees and Charges Policy includes content for the Flood Protection and Drainage Bylaw and the Navigation Safety Bylaw. Including all fees and charges in one policy aids transparency and helps to improve consistency of the approach to setting charges. In addition, this enables updates for Bylaw fees and Charges to be made more easily that through a full Bylaw review process.

The Flood Protection and Drainage Bylaw did not set fees and charges in anticipation of using the updated Fees and Charges policy. The Navigation Safety Bylaw has one proposed change to fees with Port Charges (Harbour Dues) for each vessel exceeding 1,000 gross tonnage increasing from $11.60 to $17.65 per 1,000 gross tonnage or part thereof.

2.2      Changes to Resources Management Act monitoring categories and frequencies based on current risk assessments

Compliance monitoring is conducted on a risk basis. The proposed changes include revisions to the frequency of monitoring and the categories that are applied. For example, geothermal monitoring was categorised by location only (Rotorua and non-Rotoura) which is proposed to be expanded for high/medium/low risk. This allows for consents that are low risk and have a good compliance history to be monitored less frequently and charged less. Also, water abstraction categories have been updated to include consideration of the reporting methodology e.g. telemetry vs manual reporting.

The SOP outlines the proposed changes, and these are also identified in the proposed policy.

2.3      Changes to Fees and Charges based on updated estimates of monitoring effort and associated costs

All fees and charges have been subject to a complete review. Factors involved in the review included:

·      Effort and frequency of compliance monitoring

·      Appropriate amount of cost recovery for the private benefit received by consent holders under the Revenue and Financing Policy and Funding Needs Analysis

·      Staff salary rates

In some cases, fixed fees have been reduced where workload estimates have been able to be reduced. However, as the RMA and BA fees and charges were not increased for 2020/21, the cumulative effect of two years of cost pressures results in the appearance of larger than normal cost increases

The proposed policy uses tracked changes to show the amount of all changes.

3.        Considerations

3.1      Risks and Mitigations

This process is low risk in comparison to the Long Term Plan 2021-2031 consultation. Historically Council has received very few submissions on Fees and Charges, however, as the increases proposed cover at least two years they could be perceived to be too large. Council’s consideration of public submissions needs to be based on the quality and logic of the submissions not just the number received. Any updates to the proposed Fees and Charges Policy will have a consequential impact on revenue forecasts that will need to be updated in the Long Term Plan 2021-2031. 

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

3.2      Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts. Resource Consent conditions may include conditions relevant to Climate Change, and environmental monitoring may contribute to local understanding of Climate impacts.

 

3.3      Implications for Māori

Māori are both consent holders/applicants and Kaitiaki. As consent holders or applicants they would be charged in the same way as other members of the community. Resource Management Act charges support effective monitoring of our natural resources which is of significant interest to Māori.

 

3.4      Community Engagement

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

Consider identifying in the report:

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

• What aspect of the community is involved.

• How the views of the community were obtained.

• How the views were recorded and reported.

 

Adobe Systems

CONSULT

Whakauiuia

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

Regional Council will undertake Community Engagement via the Special Consultative Procedure from 22 February to 22 March 2021

3.5      Financial Implications

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

The Long Term Plan 2021/2031 has included updated revenue forecasts as a result of changes to forecast workloads and fees and charges.

 

4.        Next Steps

If adopted for consultation by Council, the Statement of Proposal will be consulted on concurrently with the Long Term Plan 2021-2031 with submissions open from 22 February to 22 March 2021. These documents will be made publically available in the same manner as the Long Term Plan 2021-2031 consultation material and with shared information/advertising releases. In addition, a link to the Statement of Proposal and supporting information document will be sent to affected consent holders and the Port of Tauranga.

 

Attachments

Attachment 1 - Statement of Proposal:Fees and Charges

Attachment 2 - Proposed Fees and Charges Policy   


Regional Council                                                                                                                16 February 2021

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Regional Council                                                                                                                16 February 2021

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Report To:

Regional Council

Meeting Date:

16 February 2021

Report Writer:

Zhivan Alach, Organisational Performance Manager

Report Authoriser:

Karen Aspey, Director, People & Leadership

Purpose:

To adopt the Consultation Document for the Long Term Plan

 

 

Adoption of Consultation Document and Supporting Documentation for Long Term Plan 2021-2031

 

Executive Summary

At its meeting of 17 December 2020, Council adopted the draft Consultation Document and supporting documents for submission to Audit New Zealand. The audit process is now complete, and in addition, some minor editorial changes have been made to the Consultation Document.

This report seeks adoption of the proposed final Consultation Document and supporting documents for public consultation. To do so correctly necessitates the following procedure:

1.  Council approves the Consultation Document (Draft for Consultation) and supporting documents; these have been updated since the version approved in December.

2.  Council receives the Audit Report and signed audit opinion;

3.  Council adopts the Consultation Document (Draft for Consultation), including the Audit Opinion, and supporting documents for public consultation.

Timeframes for the consultation process are tight, with one working day available to make any revisions from today’s meeting, and eight working days from the end of consultation to the first hearings date.

As the audit process has not yet completed, further changes may be made to the Consultation Document and supporting information prior to this meeting. These will be provided to you via verbal briefing on the day (if required).

 

Recommendations

That the Regional Council:

1        Receives the report, Adoption of Consultation Document and Supporting Documentation for Long Term Plan 2021-2031.

2        Notes that the draft Consultation Document and supporting documents for the draft Long Term Plan 2021-2031 presented at the 17 December 2020 meeting have been subjected to an audit process, subsequent changes, and to minor editorial changes;

3        Approves the Consultation Document (Draft for Consultation) in preparation for the signing of the Audit Opinion

And following the signing of the Audit Opinion by the Audit Director

4        Receives the Audit Report and signed opinion by the auditor pursuant to s93C(4) of the Local Government Act (2002) to be included in the Consultation Document

5        Adopts the updated supporting documents noted at Recommendation 2 to be made publicly available during the Special Consultative Procedure pursuant to section 93C(3)(c) of the Local Government Act (2002).

(a)  Noting the changes to the supporting documents approved by Council for audit on 17 December 2020 specified in this paper.

(b)  Noting thus that the documents adopted toady comprise those approved by Council for audit on 17 December 2020 with the changes specified in this paper.

6        Adopts the Consultation Document (Draft for Consultation) (including Audit Opinion) for the Long Term Plan 2021-2031 Special Consultative Procedure from 22 February to 22 March 2021 pursuant to section 93 of the Local Government Act (2002).

(a)  Acknowledging that the proposed budget has unbalanced budgets for years one and two, but that the overall financial position of the Council remains sustainable; and

(b)  Resolves that it is financially prudent to set that unbalanced budget;

7        Delegates authority to the Chief Executive to make any final editorial or post-audit amendments to the Consultation Document and draft supporting documents, if required, prior to commencement of the consultation period on 22 February 2021.

8        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

1.1      Legislative Framework

The Local Government Act 2002 requires a Special Consultative Procedure as part of the development of a Long Term Plan. At its meeting of 17 December 2020, Council adopted a draft Consultation Document and supporting documents for the Long Term Plan 2021-2031 for submission to Audit New Zealand pursuant to section 93G of the Local Government Act 2002.

1.2      Alignment with Strategic Framework

A Healthy Environment

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

Freshwater for Life

We listen to our communities and consider their values and priorities in our regional plans.

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.

A Vibrant Region

We contribute to delivering integrated planning and growth management strategies especially for sustainable urban management.

The Way We Work

We deliver value to our ratepayers and our customers.

The Long Term Plan aims to deliver benefits against all of our Community Outcomes.

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

1.3      Significance

 

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.        Background

The Consultation Document is how Bay of Plenty Regional Council seeks public feedback as part of the Special Consultative Procedure required by the Local Government Act 2002. At its meeting of 17 December 2020, Council adopted a draft Consultation Document and supporting documents for submission to Audit New Zealand. Council also delegated authority to the Chief Executive to make minor editorial changes to the document, including some requested by Councillors.

For this content, please refer to the published agenda and supporting documents here:

https://infocouncil.boprc.govt.nz/RedirectToDoc.aspx?URL=Open/2020/12/RC_20201217_AGN_3309_AT.PDF

https://infocouncil.boprc.govt.nz/RedirectToDoc.aspx?URL=Open/2020/12/RC_20201217_ATT_3309_EXCLUDED.PDF

The audit process is now complete, and minor editorial changes have been made to the Consultation Document.

3.        Editorial Changes

The following minor editorial changes have been made to the consultation document since adoption of the draft on 17 December 2020:

1.   Mention of air quality and geothermal systems in Resource Regulation and Monitoring description;

2.   Removal of “Callout box” term;

3.   Changed “introduce” to “offer” and “retain” when describing free fare options, and adding clarifying text about existing trials;

4.   Removed mention of specific $5 intra-regional fare;

5.   Clarified the $380m investments as being non-port;

6.   Substantially revised UFTI/TSP text to more clearly explain planned actions;

7.   Added a sentence clarifying impact of reserves funding on public transport rates;

8.   Modified several financial figures against consultation questions to match updated projections (these changes were very small and thus not financially material); and

9.   Revised some phrasing to better align with brand guidelines and style guide (such as “should like” to “want”);

The Consultation Document has also been through a graphics design process.

4.        Question Changes

A consultation question on funding Regional Safety and Rescue Services has been added to the document following Council direction on 17 December 2020.

5.        Audit Changes

The following changes to the Consultation Document have been made as a result of the audit process:

1.   Altered wording relating to borrowing and repayment to better reflect the impact of future uncertainty relating to interest rates and other variables;

2.   Altered wording relating to unbalanced budget and Ōpōtiki Harbour / other regional infrastructure projects; and

3.   Altered wording relating to unbalanced budget and impact of use of reserves funding for the Transport Systems Plan.

The overall effect of these changes is minor. There have also been some minor changes to supporting documentation such as updating presentation of graphs. These have not had any material impact.

As the audit process will not be completed until 17 February, it is possible that further changes will have been made to the Consultation Document and supporting documents in the intervening period. These will be provided to you via a briefing on 18 February.

6.        Unbalanced Budget

Section 100(2) of the Local Government Act requires authorities to resolve that it is financially prudent to set an unbalanced budget (where operating revenue does not balance operating expenditure) where they intend to do so. The draft Long Term Plan has unbalanced budgets in years one and two. As such, Council is required to formally resolve that it is financially prudent to do so. Council will use reserves to fund operating deficits and is confident that given the strengths of its current financial situation that it will retain a high degree of financial sustainability throughout the Long Term Plan period.

7.        Consultation Period

The consultation period will begin 22 February 2021 and conclude 22 March 2021. The Consultation Document will be published online and distributed to libraries, Council receptions, previous submitters, and a range of community groups and organisations. A range of meetings will also be held across the region and will include a wide range of stakeholders, including local authorities, iwi/hapu, community boards, and chambers of commerce.

Communications channels include media releases, social media, radio, newspapers, and newsletters, with a focus on engaging with Māori and youth. Submissions will primarily be received via an online engagement platform but can also be provided via post or in-person at council offices. Online stakeholder meetings are scheduled for stakeholders and other community members. Iwi engagement will target existing hui and ahurei such as the Rangitāiki River Forum and Te Arawa Ahurei. A series of presentations to local authorities have also been scheduled.

7.1      Community Initiatives Funding

The Community Initiatives Fund (CIF) framework is how Council receives and evaluates requests for operating funding from third parties. The Council website will be updated with information about CIF, including an application form.

Staff will evaluate CIF applications against their contribution to Regional Council goals (as outlined in the Consultation Document and supporting documents), and make recommendations to Councillors. Councillors will make the decision as to which applications to approve and fund, likely through the Deliberations process.

8.        Considerations

8.1      Risks and Mitigations

Timelines are extremely tight. There is one working day following this meeting to finalise material for submissions. There are eight working days following the end of the formal consultation period to prepare all relevant material for the hearings process.

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.

There is a risk that, given the short time between the end of the Consultation Period, and the first hearings date, and the presence of Easter, that submissions will not be fully processed in time to provide Councillors with that information. This risk will be mitigated through close management of the submissions process.

8.2      Climate Change

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

8.3      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

8.4      Community Engagement

Adobe Systems

CONSULT

Whakauiuia

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

Regional Council will undertake Community Engagement via the Special Consultative Procedure from 22 February to 22 March 2021

8.5      Financial Implications

There are no additional financial implications (from those at the December meeting).

Adoption of the Consultation Document has no financial implications for the current year’s budget

9.        Next Steps

The following table sets out upcoming key dates:

Date

Topic

Notes

22 February – 22 March 2021

Special Consultative Procedure

Media campaign

Community sessions

Workshops

Submissions

12 – 16 April 2021

Hearings

Hearings of submissions. Councillors will be provided the text of all submissions.

12 May 2021

Deliberations

Final direction to staff to prepare LTP for adoption

24 June 2021

Adoption

Final adoption of LTP to meet legislative deadline

Attachments

Attachment 1 - BOPRC LTP Consultation Document Adoption for Consultation

Supporting Document 1 - BOPRC Draft Groups of Activities Management Plans 2021-2031 - Adoption For Consultation

Supporting Document 2 - BOPRC Draft Asset Management Plans 2021-2031 - Adoption For Consultation

Supporting Document 3 - BOPRC Draft Financial Policies and Other Policies 2021-2031 - Adoption for Consultation

Supporting Document 4 - BOPRC LTP 2021-2031 Volume Rua - Adoption for Consultation  

 


Regional Council                                                                                                16 February 2021

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Regional Council                                                                                                16 February 2021

 

Item 9.6

Supporting Document 1

BOPRC Draft Groups of Activities Management Plans 2021-2031 - Adoption For Consultation


Regional Council                                                                                                16 February 2021

 

Item 9.6

Supporting Document 2

BOPRC Draft Asset Management Plans 2021-2031 - Adoption For Consultation


Regional Council                                                                                                16 February 2021

 

Item 9.6

Supporting Document 3

BOPRC Draft Financial Policies and Other Policies 2021-2031 - Adoption for Consultation


Regional Council                                                                                                16 February 2021

 

Item 9.6

Supporting Document 4

BOPRC LTP 2021-2031 Volume Rua - Adoption for Consultation