Regional Council Agenda

NOTICE IS GIVEN that the next meeting of the Regional Council will be held in Zoom (Audio Visual Meeting). on:

Thursday 16 September 2021 COMMENCING AT 1.00 pm





Fiona McTavish

Chief Executive, Bay of Plenty Regional Council Toi Moana

8 September 2021






Chairman Doug Leeder

Deputy Chairperson

Cr Jane Nees


All Councillors


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


·             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.


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

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

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

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

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

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

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

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

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

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

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

·             Oversee the work of all committees and subcommittees.

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

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

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

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

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

·             Address strategic corporate matters including property and accommodation.

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

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

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

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

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

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

Delegations from Council to committees

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

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

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

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

·             It is accepted in making these delegations that:

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

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

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

Powers that cannot be delegated

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

·             Make a rate.

·             Make a bylaw.

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

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

·             Appoint a chief executive.

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

·             Adopt a remuneration and employment policy.


Recording of Meetings

Please note the Public section of this meeting is being recorded and will be uploaded 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 two working days after the meeting on 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




Regional Council                                                                                                        16 September 2021

Recommendations in reports are not to be construed as Council policy until adopted by Council.


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.       Items not on the Agenda

4.       Order of Business

5.       Declaration of Conflicts of Interest

6.       Public Excluded Business to be Transferred into the Open

7.       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


Tauranga Stadium - Feasibility Study

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.


Chief Executive’s 2020-2021 Annual Performance and Remuneration Review

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.


Chief Executive’s 2021-2022 Performance Agreement

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.


Decisions Required

7.1       Tauranga Stadium - Feasibility Study

Attachment 1 - Tauranga Stadium Pre-Feasibility

Attachment 2 - Tauranga Stadium Site Selection

7.2       Chief Executive’s 2020-2021 Annual Performance and Remuneration Review

This report will be distributed under a separate cover.

7.3       Chief Executive’s 2021-2022 Performance Agreement

This report will be distributed under a separate cover.

8.       Public Excluded Business to be Transferred into the Open

9.       Readmit the Public

10.     Consideration of Items not on the Agenda

11.     Closing Karakia