Agenda of Regional Council - Thursday, 12 August 2021

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 - 24 June 2021	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
10.2	Alum Product Supply Agreement: For Rotorua Lakes Treatment.	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; 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)(b)(ii); 48(1)(a)(i) Section 7 (2)(h); 48(1)(a)(i) Section 7 (2)(i).	To remain in public excluded.
10.3	Building Resilience - Rock Procurement	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.

Regional Council Minutes

24 June 2021

Regional Council

Open Minutes

Commencing: Thursday 24 June 2021, 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 – via Zoom

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, Zhivan Alach - Organisational Performance Manager, Pim de Monchy - Coastal Catchments Manager, James Llewellyn - Transport & Urban Planning Manager, Mark Le Comte – Principal Advisor Finance and Transport Operations, Andy Dixon - Treasury & Tax Specialist, Rob Donald – Science Manager, Tone Nerdrum Smith – Committee Advisor

Scott Hamilton – Chief Executive Quayside Holdings Ltd; Leon Pieterse – Director Audit NZ

1. Opening Karakia

A karakia was provided by Cr Te Taru White

The Chairman advised that the meeting was being recorded and that the recording would be made available on the Council website after the meeting via this link: https://www.youtube.com/user/bopregionalcouncil

Noted that that David Speirs – Director Regional Relationships Waka Kotahi would attend the meeting via Zoom for Agenda Item 9.2 – Adoption of the Bay of Plenty Regional Land Transport Plan 2021.

2. Declaration of Conflicts of Interest

Cr Stuart Crosby: Agenda Item 9.4 – Quayside Holdings Statement of Intent 2021/22; Agenda Item 9.5 – Toi Moana Trust Statement of Intent 2021/22W, Public Excluded Agenda Item 10.3 – Quayside Director Appointment.

Cr Te Taru White: Agenda Item 9.4 – Quayside Holdings Statement of Intent 2021/22; Agenda Item 9.5 – Toi Moana Trust Statement of Intent 2021/22, Public Excluded Agenda Item 10.3 – Quayside Director Appointment.

Cr Norm Bruning: Agenda Item 9.2 – Adoption of the Bay of Plenty Regional Land Transport Plan 2021.

3. Minutes

Minutes to be Confirmed

3.1

Regional Council Minutes - 20 May 2021

Resolved

That the Regional Council:

1 Confirms the Regional Council Minutes - 20 May 2021 as a true and correct record.

Nees/Winters

CARRIED

3.2

Regional Council Minutes (LTP Deliberations) - 12 May 2021

Resolved

That the Regional Council:

1 Confirms the Regional Council Minutes (LTP Deliberations) - 12 May 2021 as a true and correct record.

Leeder/Love

CARRIED

Minutes to be Received

3.3

Regional Land Transport Plan Hearings Subcommittee Minutes - 13 April 2021

Resolved

That the Regional Council:

1 Receives the Regional Land Transport Plan Hearings Subcommittee Minutes - 13 April 2021.

Thurston/Nees

CARRIED

3.4

Rangitāiki River Forum Minutes - 9 April 2021

Resolved

That the Regional Council:

1 Receives the Rangitāiki River Forum Minutes - 9 April 2021.

Clark/Iti

CARRIED

3.5

Tauranga Moana Advisory Group Minutes - 11 December 2020

Matters Arising

In relation to Minute Item 9.1: Tauranga Moana Programme 2019/20 Annual Report: Ensure the “Audit of Mangrove Distribution and Associated issues for Tangata Whenua Project” (Page 52 of the agenda) - feedback on progress is provided to the Bay of Plenty Regional Council’s Monitoring and Operations Committee.

Resolved

That the Regional Council:

1 Receives the Tauranga Moana Advisory Group Minutes - 11 December 2020.

McDonald/Thompson

CARRIED

3.6

Regional Land Transport Plan Hearings Subcommittee Minutes - 28 May 2021

Resolved

That the Regional Council:

1 Receives the Regional Land Transport Plan Hearings Subcommittee Minutes - 28 May 2021.

Thurston/Nees

CARRIED

4. Reports

4.1

Chairperson's Report

Resolved

That the Regional Council:

1 Receives the report, Chairperson's Report.

Leeder/Crosby

CARRIED

Decisions Required

4.2

Adoption of the Bay of Plenty Regional Land Transport Plan 2021

Presented by: Namouta Poutasi – General Manager Strategy & Science and James Llewellyn - Transport & Urban Planning Manager

David Speirs – Director Regional Relationships Waka Kotahi attended the meeting via Zoom for this item.

Cr Bruning declared an interest in this item and abstained from voting.

Cr Thurston as the Chairperson of both the Regional Transport Sub-Committee and Committee (RTC) recognised the dedicated effort of those involved in the consultation, hearings and deliberations process for the Regional Land Transport Plan (RLTP) review.

Key Points – David Speirs

· Acknowledged the comprehensive and robust process undertaken for the review of the RLTP

· Recognised that the withdrawal of Central Government funding for the full Tauranga Northern Link package (TNL Stage 2) had significant impact on the local region

· Council had the option to adopt or not adopt the RLTP as recommended by the RTC, however it did not have the mandate to make significant amendments

· As prioritisation of TNL Stage 2 in the RLTP would represent a significant change, i.e. it was a project estimated to cost more than $20m, a new round of consultation would be required

· As an interim measure, Waka Kotahi would explore immediate options for a safe interchange at Ōmokoroa to address the ongoing and significant safety issues and to provide ease of access for the new housing developments in the area

· If reprioritisation within the National Land Transport Programme (NLTP) occurred, this could be introduced as a variation to the RLTP, i.e. for the Ōmokoroa interchange

· Noted that even if reprioritised, 100% funding from Waka Kotahi was not expected to be forthcoming for the Ōmokoroa interchange.

Key Points - Members:

· Emphasized the significant concerns with regards to the last minute funding deferral of the TNL Stage 2 and the Ōmokoroa intersection by Waka Kotahi

· Not prioritising TNL Stage 2 would exacerbate the existing traffic congestion and safety concerns, and did not reflect the need to accommodate the rapid growth in the Western Bay of Plenty

· Noted that RTC in its consideration of the recommendations from the Sub-Committee had sought that a footnote be added to the RLTP, expressing the concerns regarding the de-prioritisation of the TNL Stage 2/Ōmokoroa Intersection, and Council should support this request.

Resolved

That the Regional Council:

1 Receives the report, Adoption of the Bay of Plenty Regional Land Transport Plan 2021;

2 Adopts the Bay of Plenty Regional Land Transport Plan 2021 for the purpose of submission to Waka Kotahi, based on Regional Transport Committee endorsement including the prioritised programme of significant activities with the criteria weightings recommended by the Deliberations sub-committee;

3 Agrees that final corrections (including grammatical / typographical errors and necessary updates to financial information) before document submission can be delegated to the Chairperson of the Regional Transport Committee and the General Manager Strategy & Science.

Thurston/Nees

CARRIED

Cr Bruning abstained from voting due to a conflict of interest

4.3

Adoption of Fees and Charges Policy

Presented by: Mark Le Comte – Principal Advisor Finance and Transport Operations and Sarah Omundsen – General Manager Regulatory Services

Key Points:

· Communication with the community regarding the purpose, structure and implementation of the fees and charges would be ongoing.

Resolved

That the Regional Council:

1 Receives the report, Adoption of Fees and Charges Policy;

2 Notes that Council has followed the Local Government Act Special Consultative Procedure in preparing and consulting on the proposed changes and that Council has considered the submissions received;

3 Adopts the section 36AAA analysis (Attachment One: S36AAA Resource Management Act charges analysis) and confirms that, having regard to section 36AAA (and in particular section 36AAA(3)) of the Resource Management Act 1991, the charges set are appropriate to recover the reasonable costs incurred by the Council in respect of the activities to which the charges relate;

4 Approves that the only fee in the Navigation Safety Bylaw 2017 that has been proposed to change is the Port Charge under section 5.7 of the Bylaw, and that all other fees, charges and penalties in the Navigation Safety Bylaw 2017 remain in force;

5 Fixes the Fees and Charges in the Fees and Charges Policy (Attachment Two) with effect from 1 July 2021;

6 Delegates to the Chief Executive to make minor editorial and formatting changes to the Fees and Charges Policy if required.

Winters/Love

CARRIED

4.4

Quayside Holdings Statement of Intent 2021/22

Presentation - Quayside - 06 June 24 - BOPRC SoI PDF - Council 24 June 2021: Objective ID A3848384

Presented by: Scott Hamilton –Chief Executive Quayside Holdings Ltd.

Cr Stuart Crosby declared a conflict of interest in this item and abstained from discussion and voting.

Cr Te Taru White declared a conflict of interest in this item and abstained from discussion and voting.

Noted that the resolutions for this item would be considered at the end of the meeting, following the Public Excluded section.

4.5

Toi Moana Trust Statement of Intent 2021/22

Cr Stuart Crosby declared a conflict of interest in this item and abstained from discussion and voting.

Cr Te Taru White declared a conflict of interest in this item and abstained from discussion and voting.

Noted that the resolutions for this item would be considered at the end of the meeting, following the Public Excluded section.

4.6

Adoption of Long Term Plan 2021-2031

Presentation - LTP Adoption PDF - Council 24 June 2021: Objective ID A3848388

Presented by: Zhivan Alach - Organisational Performance Manager and Karen Aspey – People & Capability Manager

Leon Pieterse – Director Audit NZ attended the meeting for this item and advised that the audit of the draft LTP 2021-2031 had been completed and an unqualified opinion provided.

Key Points:

· The Future for Local Government review currently underway was expected to impact on the scope of future LTPs

· A comprehensive summary of submissions/submission points had been compiled and would be distributed as action points to the various Council Committees to align with their role and scope

· Noted that the free bus trials for students was for all times in Tauranga and at peak (arrival/departure) times in Whakatāne and Rotorua and that this distinction would be clearly identified in the LTP.

Key Points - Members:

· Queried the use of the word ‘subsidise’ in the context of climate change initiatives

· Noted there were grammatical/wording corrections to be included in the draft (e.g. Public Transport KPI repeated twice) in the final LTP.

In Response to Questions - Staff:

· Staff had approached Waka Kotahi for subsidies towards the free bus trials, however had been advised this was not a priority at this time

· The reference to the Treaty of Waitangi/ Te Tiriti o Waitangi related to the principles of the Treaty, which were overarching in both the English and Te Reo Māori version

· Waka Kotahi had agreed to fund 51% of the security measures put in place for public transport in Tauranga. As an unbudgeted, but delegated, expense it added approximately $6 per annum to the Tauranga targeted rates for Public Transport services. There was a recognised benefit to the community for the continued provision of the security service

· Details of each budget allocation was contained within the full LTP budget, including distinguishing between allocations for staff vs external providers.

Items for Staff Follow Up:

· Submission point spreadsheet to be provided to Councillors for review prior to responses being sent to submitters.

Resolved

That the Regional Council:

1 Receives the report, Adoption of Long Term Plan 2021-2031.

2 Notes that the Long Term Plan 2021-2031 has been subject to an audit process;

3 Adopts the updated Strategic Framework;

4 Adopts the following policies and supporting information for the Long Term Plan 2021-2031 comprising:

(a) Financial Policies and Other Policies including:

(i) Revenue and Financing Policy - Funding Needs Analysis;

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

(iii) Remission and Postponement of Rates Policy

(iv) Third Party Infrastructure Funding Policy

(v) Development Contributions and Financial Contributions Policy

(b) Asset Management Plans including:

(i) Strategic Asset Management Plan;

(ii) Rivers and Drainage Asset Management;

(iii) Maritime Asset Management Plan;

(iv) Regional Parks and Coastal Catchments Asset Management Plan;

(v) Rotorua Te Arawa Lakes Asset Management Plan; and

(vi) Property Asset Management Plan.

5 Resolves that it is financially prudent for the Long Term Plan 2021-2031 to have an unbalanced budget (operating revenue is at a lower level than operating expenditure) for years one, two and three, pursuant to s100(2) of the Local Government Act 2002;

6 Authorises the Chair to sign the Audit NZ Letter of Representation on behalf of Council;

7 Receives the Audit NZ audit opinion on the Long Term Plan 2021-2031;

8 Adopts the Long Term Plan 2021-2031 to come into effect 1 July 2021, comprising:

(a) Volume One including:

(i) Community Outcomes;

(ii) Statement of Service Performance;

(iii) Development of Māori capacity to contribute to decision-making

(b) Volume Two including:

(i) Financial Strategy;

(ii) Infrastructure Strategy;

(iii) Prospective Financial Statements;

(iv) Accounting Policies;

(v) Council Controlled Organisations;

(vi) Funding Impact Statement;

(vii) Revenue and Financing Policy;

(viii) Rates Funding Impact Statement;

(ix) Significant Forecasting Assumptions;

(x) Significant Negative Effects.

9 Agrees that the Chief Executive and Chief Financial Officer may commit Council to new debt subject to:

a) Up to $100 million of new debt for on-lending to Quayside Holdings (or subsidiary) for the industrial business park at Rangiuru noting that $60 million of this new debt is required in year one of the Long Term Plan.

b) Up to $15 million of new debt for Council projects.

c) All new debt is to be within the debt limits set by the Financial Strategy and Treasury Policy.

d) The Chief Executive is delegated to approve borrowing arrangements and sign legal documents for the new borrowing within daily transaction limits.

10 Notes that all submitters to the Long Term Plan 2021-2031 will receive a letter outlining Council’s key decisions in relation to the LTP 2021-2031 during July 2021 and that a list of these responses will be provided to the relevant Council committees for their information;

11 Delegates to the Chief Executive the ability to make minor editorial changes to the Long Term Plan 2021-2031 and supporting documentation before publication;

12 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.

Leeder/Thurston

CARRIED

4.7

Rates Setting 2021/22

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

Key Points - Members:

· Noted that the main component of the targeted rates for Public Transport was allocated to Tauranga rate payers

· Recognised the lack of public transport patronage and Council was applying various levers to alter this trend.

Key Points - Staff:

· The $460k budget allocation to the Regional Safety and Rescue Service was GST inclusive

· Clarified the differential target rates across the region and noted that Council had established district specific targeted rates reserves for annual unspent funds.

Resolved

That the Regional Council:

1 Receives the report, Rates Setting 2021/22;

2 Confirms that the rates for the financial year 1 July 2021 to 30 June 2022 are set and assessed in accordance with the Local Government (Rating) Act 2002;

3 Confirms that the significance of the decision has been assessed as LOW, and under Section 79 of the Local Government Act 2002 (LGA) confirms the written record of the manner in which section 77 and section 78 matters have been addressed;

4 Notes that, as required by the Local Government Act 2002, Council followed the special consultative procedure on the funding impact statement that was part of the Long Term Plan 2021-31;

5 Confirms that the amounts of the rate specified in the rate tables of the resolution, for the financial year commencing 1 July 2021 to 30 June 2022, includes the Council’s Goods and Services Tax component;

6 Sets a general rate based on land value, calculated as a rate in the dollar of the rateable land value of each rateable rating unit in the region. The rate in the dollar is different according to the location of the land within each district and city council as land values are equalised;

7 Sets a uniform annual general charge as a fixed amount per rating unit on all rateable land in the region.

8 Sets targeted rates for Kaituna Catchment Control Scheme. A targeted rate is set differentially in accordance with Sections 16, 17 and 18 of the Local Government (Rating) Act 2002 for all rateable land situated in the Kaituna Catchment Control Scheme within the Tauranga, Western Bay of Plenty and Rotorua constituent districts. The rating categories have been determined based on consideration of beneficiary/exacerbator principle and which services need to be provided by Council for each type of property.

The two targeted rates are set as follows;

i. Where the land is situated and calculated using the area of land within the rating unit,

ii. Where the land is situated and calculated using the extent of service provided for that rating category.

9 Sets a targeted rate for the Rangitāiki-Tarawera Rivers Scheme. The rate is set differentially for all rateable land situated in the Rangitāiki-Tarawera Rivers Scheme catchment within the Whakatāne, Kawerau, Rotorua and Taupō constituent districts.

The targeted rate is set as follows;

(i) Where the land is situated and calculated using the area of land within the rating unit.

10
Sets targeted rates for Whakatāne-Tauranga Rivers Scheme. A targeted rate is set differentially in accordance with Sections 16, 17 and 18 of the Local Government (Rating) Act 2002 for all rateable land situated in the Whakatane-Tauranga Rivers Scheme catchment within the Whakatane constituent district. The rating categories have been determined based on consideration of beneficiary/exacerbator principle and which services need to be provided by Council for each type of property.

The two targeted rates are set as follows;

(i) Where the land is situated and calculated using the area of land within the rating unit,

(ii) Where the land is situated and calculated using the extent of service provided for that rating category.

11 Sets targeted rates for the Waioeka-Otara Rivers Scheme. A targeted rate is set differentially in accordance with Sections 16, 17 and 18 of the Local Government (Rating) Act 2002 for all rateable land situated in the Waioeka-Otara Rivers Scheme catchment within the Ōpōtiki constituent district. The rating categories have been determined based on consideration of beneficiary/exacerbator principle and which services need to be provided by Council for each type of property.

The two targeted rates are set as follows;

(i) Where the land is situated and calculated using the area of land within the rating unit,

(ii) Where the land is situated and calculated using the extent of service provided for that rating category.

(iii)

12 Sets a targeted rate for the Rangitāiki Drainage Rating Area. The rate is set differentially for all rateable land situated in the defined Rangitāiki Drainage Rating Area situated on the Rangitāiki Plains within the Whakatāne constituent district.

The targeted rate is set as follows;

(i) Where the land is situated and calculated using the area of land within the rating unit.

13 Sets a targeted rate for Passenger Transport. The rate is set differentially as an amount per rating unit on all rateable properties within the defined boundaries of Tauranga City, Urban Rotorua, Western Bay District and Whakatāne District.

The passenger transport targeted rate is set as follows;

(i) Where the rateable unit is situated.

14 Sets a targeted rate for the Rotorua Lakes Programme. The rate is set differentially as an amount per rating unit on all rateable properties within the Rotorua constituent district.

The Rotorua Lakes programme targeted rate is set as follows;

(i) Area of land within the rating unit.

15 Sets a targeted rate for Rotorua Air Action Plan Implementation. The rate is set differentially by geography as a fixed amount per rating unit on all rateable properties within the defined boundary of Urban Rotorua.

The Council sets the Rotorua Air Action Plan Implementation targeted rate as follows;

(i) Where the rateable unit is situated.

16 Sets a targeted rate for Civil Defence Emergency Management. The rate is set differentially as an amount per rating unit on all rateable properties within the Kawerau, Ōpōtiki, Rotorua, Tauranga, Western Bay of Plenty and Whakatāne constituent districts.

The Civil Defence Emergency Management targeted rate is set as follows;

(i) Where the rateable unit is situated.

17 Sets a targeted rate for Rotorua Air Clean Heat Conversion. The rate is set differentially as an amount per rating unit within the defined boundary of Rotorua Air shed Area who have received loans from the council for installing cleaner heat alternatives.

The Council sets the Rotorua Air Clean Heat Conversion targeted rate as follows;

(i) Where the rateable unit is situated, and calculated based on the type of conversion installed, and the loan amount provided under the Clean Heat Conversion scheme.

18 Sets targeted rates for the Minor River and Drainage Scheme. The rates are set differentially for all rateable land situated in the defined communal pumped drainage and defined minor river and drainage schemes areas.

The Council sets one targeted rate for each scheme as follows;

(i) Where the land is situated and calculated using the area of land within the rating unit.

19 Sets a targeted rate for Regional Safety and Rescue Services. The rate is set differentially as an amount per rating unit on all rateable properties within the Kawerau, Ōpōtiki, Rotorua, Tauranga, Western Bay of Plenty and Whakatāne constituent districts.

The regional safety and rescue service targeted rate is set as follows;

(i) Where the rateable unit is situated.

20 Sets targeted rates uniformly for all rateable land situated in the defined drainage and defined Minor River and Drainage Schemes areas.

The rates are set as follows;

(i) Where the land is situated and calculated using the land area within the rating unit.

21 Sets the following instalment due dates for all rates other than the Minor River and Drainage Scheme rates as set out below. The due dates for each territorial constituent area are for an equal amount of the rates.

(i) The respective instalment due dates as follows;

22 Sets the following penalties regime for all rates other than the Minor River and Drainage Scheme rates;

(i) Pursuant to sections 57 and 58(1)(a) of the Local Government (Rating) Act 2002, with respect to rates assessed in the 2021/22 year, a penalty of 10% for all areas other than the Kawerau District and 5% for the Kawerau District will be added to the amount of any instalment that has been assessed after 1 July 2021 and which is unpaid after the relevant due date set out in section 20. The penalty will be added on the respective instalment penalty date shown in (ii).

(ii) The respective instalment penalty dates are as follows;

(iii) Pursuant to sections 57 and 58(1)(b) of the Local Government (Rating) Act 2002, with respect to rates assessed before 1 July 2021, a penalty of 10% for all areas in the table below other than the Kawerau District and 5% for the Kawerau District will be added to any rates unpaid on 1 July 2021. The penalty will be added on the date shown below.

The respective additional penalty dates are as follows;

(iv) Pursuant to sections 57 and 58(1)(c) of the Local Government (Rating) Act 2002, with respect to rates assessed in previous financial years, a further penalty of 10% for Rotorua District and Western Bay of Plenty District, and 5% for the Kawerau District will be added on any rates to which a penalty has been added under 20(iii) if the rates remain unpaid six months after the previous penalty was added. The penalty will be added on the date shown below.

The respective additional penalty dates are as follows;

23
Set that Minor River and Drainage Scheme rates shall be payable at the office of the Bay of Plenty Regional Council, Quay Street, P O Box 364, Whakatāne in one instalment on or by 20 January 2022

24 Set the following penalties regime for the Minor River and Drainage Scheme rates:

(i) Pursuant to sections 57 and 58(1)(a) of the Local Government (Rating) Act 2002, with respect to the Minor River and Drainage Scheme rates assessed in the 2021/22 year, a penalty of 10% will be added to the amount that remains unpaid after 20 January 2022, on 21 February 2022.

(ii) Pursuant to sections 57 and 58(1)(b) of the Local Government (Rating) Act 2002, with respect to Minor River and Drainage Scheme rates assessed before 1 July 2021, a penalty of 10% will be added on any rates that remain unpaid on 2 July 2021. The penalty will be added on 2 July 2021.

(iii) Pursuant to sections 57 and 58(1)(c) of the Local Government (Rating) Act 2002, with respect to Minor River and Drainage Scheme rates, a further penalty of 10% will be added on any rates to which a penalty has been added under (ii) if the rates remain unpaid six months after the previous penalty was added on 2 July 2021. The penalty will be added on 21 February 2022.

25 Pursuant to section 27(7) of the Local Government (Rating) Act 2002, the Council delegates’ authority to the constituent district and city councils of the Bay of Plenty region to keep and maintain the rating information database for those areas on its behalf.

26 Appoints in accordance with section 53 of the Local Government (Rating) Act 2002 the constituent district and city councils of the Bay of Plenty region, i.e. Kawerau District Council, Ōpōtiki District Council, Rotorua District Council, Taupō District Council, Tauranga City Council, Western Bay of Plenty District Council, Whakatāne District Council, to collect the rates assessed by Bay of Plenty Regional Council, excluding Minor River and Drainage Scheme targeted rates.

27 Agrees that in respect of the Minor River and Drainage Scheme targeted rates which are collected directly by the Bay of Plenty Regional Council, where the total amount of rates payable, in respect of any property is $9.99 or less, pursuant to Section 54 of the Local Government (Rating) Act 2002, the rates payable in respect of the property will not be collected.

Rose/Crosby

CARRIED

Cr Love abstained from voting on this item

10.50am – the meeting adjourned.

11.10am – the meeting reconvened.

4.8

Science Services - Panel Supplier Contract Procurement Plan

Presented by: Namouta Poutasi – General Manager Strategy & Science and Rob Donald – Science Manager – via Zoom

Key Points:

· Provided an outline of the report and the intended procurement process

· The decision to initially not include dedicated Mātauranga Māori expertise on the Panel did not preclude it being applied in a consultancy capacity

· Cultural consideration was a key component of the procurement process for the Panel Members, with a more tailored approach planned next to secure Mātauranga Māori expertise

· The University of Waikato Science Chair Agreement would be retained separately from the Panel

· Modelling experience would be actively sought as part of the Panel procurement process.

Key Points - Members:

· Mātauranga Māori should be an integrated component of any procurement discussion and having dedicated expertise on the Panel would support this.

Resolved

That the Regional Council:

1 Receives the report, Science Services - Panel Supplier Contract Procurement Plan;

2 Approves the Comprehensive Procurement Plan for Science Technical Advice Services;

3 Approves going to market to invite proposals/tenders as set out in the Procurement Plan;

4 Delegates financial authority to the CEO to approve contracts and supplier selections in exceedance of $400,000 relating to this panel, including contract variations and appointing additional suppliers.

Thompson/Thurston

CARRIED

5. 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
5.1	Public Excluded Regional Council Minutes - 20 May 2021	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
5.2	Pāpāmoa Hills Upgrade Project - Approval of Procurement Plan	Withholding the information is necessary to enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities.	48(1)(a)(i) Section 7 (2)(h).	To remain in public excluded.
5.3	Quayside Director Appointments	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).	On the Chief Executive's approval.

2 That Scott Hamilton – Chief Executive Quayside Holdings Ltd be permitted to stay in the public excluded section of the meeting due to his knowledge of the matter under discussion, being Quayside Director Appointment.

Leeder/Thurston

CARRIED

5.1

Quayside Holdings Statement of Intent 2021/22 – Continued

Presentation - Quayside - 06 June 24 - BOPRC SoI PDF - Council 24 June 2021: Objective ID A3848384

Resolved

That the Regional Council:

1 Receives the report, Quayside Holdings Statement of Intent 2021/22;

2 Receives the Quayside Holdings final draft Statement of Intent 2021/22;

3 Notes that Quayside may make minor changes to the final Draft Statement of Intent before 30 June 2021;

4 Authorises that the Regional Council Chair is to determine whether any changes to Quayside Holdings final draft Statement of Intent 2021/22 are material and require discussion at a Council Meeting.

Winters/Love

CARRIED

5.2

Toi Moana Trust Statement of Intent 2021/22 – Continued

Resolved

That the Regional Council:

1 Receives the report, Toi Moana Trust Statement of Intent 2021/22;

2 Approves the Toi Moana Trust Statement of Intent 2021/22;

3 Notes that there may be minor changes to the Statement of Intent before 30 June 2021;

4 Authorises that the Regional Council Chair is to determine whether any changes to the Toi Moana final draft Statement of Intent 2021-2024 are material and require discussion at a Council Meeting.

Winters/Love

CARRIED

6. Closing Karakia

A karakia was provided by Cr White.

11.50 am – the meeting closed.

Confirmed

Chairman Doug Leeder

Chairperson, Regional Council



Report To:	Regional Council
Meeting Date:	12 August 2021
Report Authoriser:	Chairperson Doug Leeder

Chairperson's Report

Executive Summary

Since the preparation of the previous Chairperson’s Report (for the 24 June 2021 Council meeting) I have attended and participated in a number of meetings and engagements as Chairperson 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 Chairperson. 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
17 June	Sub-Regional Housing Action Plan Meeting – Mount Maunganui	Hosted by Tauranga City Council.
	Joint Meeting with Tauranga City Council, Western Bay of Plenty District Council and Bay of Plenty Regional Council – Mount Maunganui	Attended.
18 June	Bay of Plenty Mayoral Forum – Taupō	The meeting was recorded and can be accessed along with the meeting agenda and minutes on our website. The forum discussed: the Three Waters Reform, Climate Change, Future of Local Government workshop, and housing. Hastings District Council Chief Executive Nigel Bickle presented the Hastings District Council Housing Action Plan.
21 June	157^th Commemoration of the Battle of Te Ranga – Te Ranga Reserve, Tauranga	Spoke at this event, commemorating the battle at Te Ranga in 1864.
22 June	SmartGrowth Leadership Group Meeting – Tauranga	Attended.
25 June	Central Government Local Government Forum: Follow-Up Session – Videoconference	This meeting focussed on the Regional Sector, and discussion on the Future of Local Government, and RM Reform.
25 June	Meeting with Norske Skog, Kawerau District Council and Bay of Plenty Regional Council - Kawerau	Discussed the Mill closure.
28 June	National Council Meeting – Videoconference	Discussed the Three Waters Proposal.
29 June	Meeting with Ministry for the Environment officials – Videoconference	Regular catch up on key topical issues. Fiona McTavish also in attendance.
30 June	National Council Meeting – Videoconference	Discussed Three Waters Reform.
1 July	Pre-Sustainable Land Use Ministers’ Meeting – Wellington	Attended.
1 July	Sustainable Land Use Ministers’ meeting – Wellington	Discussed Jobs for Nature programme.
	Waikato Regional Council Stakeholders Research – Videoconference	Attended.
2 July	Opening of the Whakatohea Mussels Processing Facility – Ōpōtiki	Invited by Whakatohea Mussels and the Whakatohea Maori Trust Board to attend this event.
5 July	Local Government New Zealand Three Waters Discussion – Videoconference	Preparation for National Council meeting.
6 July	Breakfast Catch-up with Tauranga City Council Commission Anne Tolley and Western Bay of Plenty District Council Mayor Gary Webber – Tauranga	Attended.
	Waiari Site Visit – Te Puke	Attended.
	Site visit to Western Bay of Plenty District Council Wastewater plant and Aqua Curo plant – Te Puke	Attended.
	National Council Preparation Meeting – Videoconference	Attended.
7 July	National Council Meeting – Videoconference	Discussed Three Waters Reform.
7 July	Ecoli Talk by Richard Muirhead, Science Team Leader at Ag Research – Waiotahe	Attended.
13 July	Meeting with Susan Freeman-Greene, Chief Executive, Local Government New Zealand – Videoconference	Discussed Three Waters Reform.
14 July	National Council Dinner – Blenheim	Attended.
15 July	Local Government New Zealand 2021 Conference (Day 1) - Blenheim	This is covered in more detail in the following section.
	Simpson Grierson Welcome Reception – Blenheim	Attended.
	Local Government New Zealand Conference Dinner – Blenheim	Attended.
16 July	Local Government New Zealand 2021 Conference (Day 2) – Blenheim	This is covered in more detail in the following section.
	Meeting with Minister Nanaia Mahuta - Blenheim	A brief meeting with the Minister to discuss the reforms impacting the regional sector.
	Local Government New Zealand Regional Sector Meeting - Blenheim	A meeting for regional/unitary council Chairs/Mayors and Chief Executives, it was held after the Local Government New Zealand Conference. It was a relatively short and informal meeting which included a discussion on topical matters.
	Fulton Hogan Conference Dinner and Local Government EXCELLENCE Awards – Blenheim	The Awards showcased council projects, programmes and people who have made a real impact in local communities. Details of the Award winners and short videos about their projects are available on the Local Government New Zealand website.
17 July	Local Government New Zealand Annual General Meeting - Blenheim	This is covered in more detail in the following section.
21 July	Jobs for Nature Reference Group Hui – Videoconference	Attended.
26 July	SmartGrowth Leadership Group Meeting – Tauranga	Attended.
2 August	Freshwater Implementation Group Meeting – Videoconference	Attended.

3. Matters of Potential Interest

3.1 Local Government New Zealand 2021 Conference

The conference was held from 15 to 16 July 2021 and included a number of presentations and speakers on various topics with the overall theme of “Reimagining Aotearoa – from community up". The conference focussed on the once in a generation reform programme - three waters, resource management and Future for Local Government - which created both uncertainty but also opportunity and the sector's chance to help shape a new kind of local government to support stronger, more resilient communities.

Prime Minister Rt Hon Jacinda Ardern gave the Government’s address at the conference, which included announcing a $2.5 billion package to support local government transition through the reforms to New Zealand’s drinking water, wastewater and stormwater services. The Prime Minister spoke about the key challenges New Zealand is facing, and the suite of reforms impacting the sector with a focus on the three waters reforms. Her full speech is available on the Beehive website.

The conference was attended by around 600 delegates including Mayors, Chairs, Chief Executives, Councillors and senior management from across New Zealand’s councils. There were also attendees from the private and business sectors, and government and non-government agencies.

The presentation videos are available on the Local Government New Zealand website.

3.2 Local Government New Zealand 2021 Annual General Meeting

The Local Government New Zealand Annual General Meeting (LGNZ AGM) was held on 17 July 2021.

There were seven remits considered at the LGNZ AGM, which were all supported. The remits were on: Tree protection, Rating value of forestry land, Funding of civics education, Promoting local government electoral participation, Carbon emission inventory standards and reduction targets, WINZ accommodation supplement review, and Liability – building consent functions.

Bay of Plenty Regional Council was entitled to five votes at the AGM, and Deputy Chairperson Jane Nees and I were the registered delegates who voted on council’s behalf.



Report To:	Regional Council
Meeting Date:	12 August 2021
Report Writer:	Mark Le Comte, Principal Advisor, Finance and Debbie Hyland, Finance & Transport Operations Manager
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	For Council to receive and agree the LGFA Statement of Intent 2021/22

Local Government Funding Agency Statement of Intent 2021/22

Executive Summary

Council considered the draft Statement of Intent at the 1 April 2021 meeting and choose not to provide feedback. The final Statement of Intent has been received and the main differences are aligned with Council’s Strategic Framework or related to the reduced on-lending margin which reduces borrowing costs for all Councils.

Recommendations

That the Regional Council:

1 Receives the report, Local Government Funding Agency Statement of Intent 2021/22.

2 Agrees the Statement of Intent 2021/22.

1. Introduction

Council’s interests as a shareholder are represented by the Shareholders’ Council. This body is made up of five to ten appointees of shareholders (including an appointee from the Crown). Council have consistently had an appointee on the Shareholders Council, and currently this position is filled by Debbie Hyland, Finance Manager.

The Shareholders’ Council provided a Statement of Expectations and had extensive discussions throughout the drafting and finalisation of the Statement of Intent. Council considered the draft Statement of Intent at the 1 April 2021 meeting and choose not to provide direct feedback from Council in its own capacity.

The LGFA’s Statement of Intent 2021/22 has been received and it covers the information that is required to be provided to all shareholders and presents the LGFA’s proposed borrowing and lending expectations on behalf of councils in New Zealand. The main differences from the draft are:

· broadened objectives to include a focus on sustainability across the organisation and to assist the sector with sustainability.

· reduced the base on-lending margin by 5 bps to 15 bps (0.15%) for new borrowing effective 1 July 2021.

· Net Operating Income (NOI) has increased by $300,000 in the 2021/22 year but reduced by $5.7 million and $8.0 million in the subsequent outer years due to the reduction in base on-lending margin.

· Expenses have increased by $100,000 in each of the three years due to increased legal and NZX fees associated with higher issuance and lending volumes.

Council is required to either agree the Statement of Intent or take all practicable steps to require it to be modified. Staff consider all of the changes to be appropriate and it is recommended that Council agrees the Statement of Intent.

1.1 Legislative Framework

The Local Government Act (2002) outlines the requirements for Council Controlled Organisations in Part 5 and in Schedules 8 and 9. The relevant legislative requirement for Council to receive the final Statement of Intent is s65(2):

A local authority must, as soon as practicable after a statement of intent of a council-controlled organisation is delivered to it,—

a) agree to the statement of intent; or

(b) if it does not agree, take all practicable steps under clause 6 of Schedule 8 to require the statement of intent to be modified.

Council is required by s64(9) to publish the agreed statement of Intent on its website.

1.2 Alignment with Strategic Framework

A Healthy Environment
Freshwater for Life
Safe and Resilient Communities
A Vibrant Region
The Way We Work	We look to partnerships for best outcomes.

The LGFA provides low costs loans to Councils across New Zealand. Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

¨ Social

¨ Economic

Low - Positive

The LGFA enables Council to borrow at very low interest rates which provides a net saving for the region compared to other funding sources.

2. Considerations

2.1 Risks and Mitigations

There is a risk associated with being a shareholder in that there is a joint liability (based on rates income) to pay debt costs in the event of a council defaulting on debt repayments.

This risk has been assessed and valued, and the basis for the calculation agreed with Audit New Zealand. To date the value of that risk has been too small and immaterial to be included within the Council’s financial statements as a contingent liability. However, it is a risk that will continue to exist while the Council is a shareholder in the LGFA.

2.2 Climate Change

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

2.3 Implications for Māori

The matters addressed in this report are of a procedural nature and there are no specific implications for Māori over and above the general community.

2.4 Community Engagement

INFORM

Whakamōhio

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

The final Statement of Intent will be available on Council’s website.

2.5 Financial Implications

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

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

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

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

3. Next Steps

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

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

Following this meeting, staff will provide written confirmation that the Statement of Intent has been agreed by Council and publish the Statement of Intent on Council’s website.

Attachments

Attachment 1 - LGFA Letter to Shareholders ⇩

Attachment 2 - LGFA Statement of Intent 2021/22 ⇩



Report To:	Regional Council
Meeting Date:	12 August 2021
Report Writer:	Mark Le Comte, Principal Advisor, Finance and Debbie Hyland, Finance & Transport Operations Manager
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	For Council to consider proposed changes to the Statement of Investment Policies and Objectives

Toi Moana Trust Statement of Investment Policy and Objectives

Executive Summary

Council invested $45 million in the Toi Moana Fund with the objective of a cash return of 5% per annum and capital preservation. Quayside is acting as the fund manager and established the High-Yield Investment Fund to achieve the Objectives of the Toi Moana Fund.

The High-Yield Investment Fund is managed under a Statement of Investment Policy and Objectives which sets the ranges of permitted investment allocations and risk management parameters. In order to achieve the Toi Moana Objectives, Quayside has proposed changes to the Statement of Investment Policies and Objectives. The main changes are to allow for investment in Australian and International equities in addition New Zealand equities.

The proposed changes have been reviewed by Council’s Treasury Advisor (Bancorp) in accordance with Councils Investment Management Policy.

Recommendations

That the Regional Council:

1 Receives the report, Toi Moana Trust Statement of Investment Policy and Objectives.

2 Approves the proposed changes to the High-Yield Investment Fund Statement of Investment Policy and Objectives as a suitable investment for the Toi Moana Trust.

1. Introduction

The High-Yield Investment Fund is managed under a Statement of Investment Policy and Objectives (SIPO) which sets the ranges of permitted investment allocations and risk management parameters. In order to achieve the Toi Moana Objectives, Quayside has proposed changes to the SIPO, a tracked changes version is in attachment one. The main changes are to allow for investment in Australian and International equities in addition New Zealand equities.

1.1 Legislative Framework

The SIPO supports the Statement of Intent for the Toi Moana Trust. The Investment Management Policy outlines the requirements for a proposal to change the SIPO which includes Council approval and review by Council’s Treasury Advisor to determine whether the fund meets the overall investment strategy.

1.2 Alignment with Strategic Framework

A Healthy Environment
Freshwater for Life
Safe and Resilient Communities
A Vibrant Region
The Way We Work	We look to partnerships for best outcomes.

Council has decided to use the investment expertise of Quayside to achieve suitable returns on funds that can be invested for the long-term.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

¨ Social

¨ Economic

Low - Positive

The returns on the Toi Moana Trust are used to reduce Council’s rates requirement which provides an economic benefit to all ratepayers including businesses.

2. Summary of Proposed Changes to the Statement of Investment Policies and Objectives

The main changes to the SIPO are alterations to the investment allocations including:

· Increasing the strategic allocation for Australian equities from 0% to 20% (range 0%-30%)

· Increasing the strategic allocation for International equities from 0% to 25% (range 0%-35%)

· Decreasing the strategic allocation for New Zealand equities from 90% to 50% (range 30%-100%)

There are other minor consequential changes to maximum/minimum investments and risk management parameters.

The rationale for overseas investment is to access higher returning investments and to be able to diversify investment risk. As an indication of the different levels of investment return, table one shows recent historical returns on equity indexes in New Zealand, Australia and the United States of America.

Index	6 month return (annualised)	1 year return	5 year return (annualised)
NZX50	-2.81% (-5.54%)	8.87%	74.17% (11.74%)
ASX200	11.32% (23.92%)	22.58%	34.93% (6.17%)
SP500	17.10% (37.12%	36.13%	102.45% (15.15%)

Table one: comparison of investment returns

This shows that in the recent short-term investment returns in New Zealand have been comparatively low. Council’s Treasury Advisor (Bancorp) has reviewed the proposed SIPO and endorses the proposed investment allocations.

3. Considerations

3.1 Risks and Mitigations

All investments carry risk. The proposed changes increase Council’s exposure to overseas investments, however, this also acts to diversify Council’s overall investment portfolio. It is not proposed to hedge overseas investments into New Zealand dollars, therefore, exchange rate risk/return is part of the investment decision making process.

Under the proposed SIPO, it is permissible to invest purely in New Zealand if that meets the objectives of the Toi Moana Trust.

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. Investments include principles of responsible investing.

3.3 Implications for Māori

This proposal considers financial investment returns. Other investments in the Quayside non-port portfolio may consider investments that also provide benefits to Māori and the local economy.

3.4 Community Engagement

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

3.5 Financial Implications

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

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

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.

Council’s decision will be communicated to Quayside Holdings and Toi Moana Fund investments will be managed in line with the SIPO to achieve the Toi Moana objectives.

Attachments

Attachment 1 - Toi Moana SIPO tracked changes ⇩



Report To:	Regional Council
Meeting Date:	12 August 2021
Report Writer:	Mereana Toroa, Finance Support Team Lead and Debbie Hyland, Finance & Transport Operations Manager
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	To update the due dates for the payment of rates and authorise penalties for 2021/22 in accordance with sections 57 and 58 of the Local Government (Rating) Act 2002.

Rates Setting 2021/22 - Alteration of Resolutions

Executive Summary

This report is to alter Council’s rates resolution from the 24 June 2021 Council meeting for its penalty due dates for 2021/22, as per section 24.6 of Council’s standing orders.

A number of TLA set different penalty due dates than were advised to Council for our rates resolution. As the TLAs act as our rates collection agent the dates in the rates resolutions need to align.

Recommendations

That the Regional Council:

1 Receives the report, Rates Setting 2021/22 - Alteration of Resolutions.

2 Approves the following alterations of the Rates Setting 2021/22 resolution 22 adopted on 24 June 2021:

(a) Rotorua Lakes Council penalty due date for Instalment 1 from 21 August 2021 to 23 August 2021 and Instalment 4 from 21 May 2022 to 23 May 2022;

(b) Western Bay of Plenty District Council penalty due date for Instalment 1 from 22 October 2021 to 23 October 2021 and Instalment 2 from 25 March 2022 to 26 March 2022;

(c) Additional penalty application dates for rates assessed before 1 July 2021 for Rotorua Lakes Council from 8 July 2021 to 6 July 2021 and Western Bay of Plenty District Council from 2 July 2021 to 6 July 2021;

(d) Additional application dates for rates assessed in previous financial years for Rotorua Lakes Council from, 10 January 2022 to 7 January 2022 and Western Bay of Plenty District Council from 3 January 2022 to 6 January 2022;

(e) Reduction of penalty percentage for Kawerau District Council for rates assessed before 30 June 2021 and in previous financial years from from 5% to 3%.

3 Adopts the altered Rates Setting 2021/22 resolution 22 as follows:

22 Sets the following penalties regime for all rates other than the Minor River and Drainage Scheme rates;

(i) Pursuant to sections 57 and 58(1)(a) of the Local Government (Rating) Act 2002, with respect to rates assessed in the 2021/22 year, a penalty of 10% for all areas other than the Kawerau District and 5% for the Kawerau District will be added to the amount of any instalment that has been assessed after 1 July 2021 and which is unpaid after the relevant due date set out in resolution 21. The penalty will be added on the respective instalment penalty date shown in (ii).

(ii) The respective instalment penalty dates are as follows;

(iii) Pursuant to sections 57 and 58(1)(b) of the Local Government (Rating) Act 2002, with respect to rates assessed before 1 July 2021, a penalty of 10% for all areas in the table below other than the Kawerau District and 3% for the Kawerau District will be added to any rates unpaid on 1 July 2021. The penalty will be added on the date shown below.

The respective additional penalty dates are as follows;

(iv) Pursuant to sections 57 and 58(1)(c) of the Local Government (Rating) Act 2002, with respect to rates assessed in previous financial years, a further penalty of 10% for Rotorua District and Western Bay of Plenty District, and 3% for the Kawerau District will be added on any rates to which a penalty has been added under 20(iii) if the rates remain unpaid six months after the previous penalty was added. The penalty will be added on the date shown below.

The respective additional penalty dates are as follows;

4. Notes that all other parts of the Rates Setting 2021/22 resolutions as set on 24 June 2021 by Council remain unaltered.

1. Introduction

The Bay of Plenty Regional Council (Council) has developed the LTP 2021-2031 following a series of Council workshops and meetings in late 2020 and the first half of 2021.

The updated penalty dates set out in this paper are in accordance with due dates and penalty dates adopted by each of the territorial authorities that collect rates on our behalf.

Council’s Standing Orders has set the requirement to alter a previous resolution in clause 24 which states in part:

24.6 The local authority, on a recommendation in a report by the Chairperson, Chief Executive, or any committee or subcommittee, may revoke or alter all or part of a resolution passed by a previous meeting. The Chief Executive must give at least two clear working days’ notice of any meeting that will consider a revocation or alteration recommendation.

1.1 Legislative Framework

To recommend the setting of rates, due dates for the payment of rates and authorise penalties for 2021/22 in accordance with sections 23, 24, 57 and 58 of the Local Government (Rating) Act 2002.

1.2 Alignment with Strategic Framework

A Healthy Environment
Freshwater for Life
Safe and Resilient Communities
A Vibrant Region
The Way We Work	We deliver value to our ratepayers and our customers.

Rates are used to fund all areas of Council’s work. Rates are currently collected by the TLAs on our behalf.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

The setting of rates allows us to fund the work required to deliver the Community Well-beings and indirectly support all Well-being. Rates are set in line with the Revenue and Financing Policy which apportions the cost of services based on the requirements of the Local Government Act (2002) s 101.

2. Considerations

2.1 Risks and Mitigations

Council considered risks as part of the main rates setting resolutions on 24 June 2021. One of these risks was:

BOPRC rates are collected on our behalf by the territorial local authorities and the rates resolutions need to have the same dates for instalment, penalties and penalty applications. These have been checked with the territorial local authorities, however, any unforeseen changes may require BOPRC to reset the rates resolutions.

This risk has crystallised and Council is required to alter part of its rates resolution to align with TLA rates resolutions.

2.2 Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts. Rates are a source of funding for our work on Climate Change.

2.3 Implications for Māori

The Long Term Plan and rates setting processes fully considered implications for Māori. This report recommends minor amendments to be in line with TLA collection processes and the implications for Māori are the same as the general community in each impacted district.

2.4 Community Engagement

INFORM

Whakamōhio

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

Council has completed all consultation requirements required for setting rates. The rates assessments and invoices will reflect the altered dates.

2.5 Financial Implications

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

3. Next Steps

Following adoption of the altered Rates Setting 2021/22 resolution staff will send confirmation to TLA’s that the alterations have been made in line with their resolution and append Councils original rates resolution with the alteration.

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