Regional Council Agenda

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

Thursday 30 September 2021 COMMENCING AT 9.30 am

This meeting will be livestreamed and recorded.

The Public section of this meeting will be livestreamed and recorded and uploaded to Bay of Plenty Regional Council’s website.  Further details on this can be found after the Terms of Reference within the Agenda. The livestream will be at Council’s YouTube channel: Bay of Plenty Regional Council - YouTube

 

Fiona McTavish

Chief Executive, Bay of Plenty Regional Council Toi Moana

22 September 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.


 

Livestreaming and Recording of Meetings

Please note the Public section of this meeting is being livestreamed and 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 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                                                                       30 September 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

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 - 12 August 2021 1

8.2      Regional Council Minutes - 16 September 2021                                                             1

Minutes to be Received

8.3      Rangitāiki River Forum Minutes - 4 June 2021                                                             1

8.4      Regional Transport Committee Minutes - 9 June 2021                                                     1

8.5      Tauranga Moana Advisory Group Minutes - 11 June 2021                                                1

9.      Reports

9.1      Chairperson's Report                                   1

Decisions Required

9.2      Resetting Minor Rivers and Drainage Schemes Rates 2021/22                               1

9.3      Focus Catchments: Kopurererua Stream Re-alignment Project                                        1

Attachment 1 - Kopu Stream Realignment              1

9.4      Review of Rivers Scheme Advisory Groups' Term of Reference                                       1

Attachment 1 - 2016-12-15 River Scheme Advisory Groups - Terms of Reference - Agenda Paper and Proposed Terms of Reference                                   1

Attachment 2 - SUBMISSION ID EM050 - Ngati Ira - LTP 2021-31                                                                  1

Attachment 3 - 2021-09-14 Letter Te Uru Taumatua and Te Komiti o Runa request for representation on Whakatāne-Tauranga River Scheme Advisory Group                                                                             1

9.5      Procurement for Mangrove Seedling Management Services in Tauranga Moana (hand held tools only)                                 1

Attachment 1 - Mangrove Seedling Management Procurement Plan                                                        1

9.6      Procurement Plan for Rivers and Drainage Capital Works 2021/22                                1

Attachment 1 - Procurement Plan for 2021-22 Capital Works (R&D)                                                   1

9.7      Appointment of Regional On-Scene Commander and Alternative On-Scene Commander                                                 1

9.8      Local Government Funding Agency Annual Report 2020/21                                            1

Attachment 1 - LGFA Lending to Water Entities    1

Attachment 2 - LGFA Board Response to Shareholder Council Request on Three Waters Entities                                                                           1

Supporting Document 1 - Local Government Funding Agency Annual Report 2020/21

Information Only

9.9      COVID-19 Alert Level Changes: Implications for Performance Against LTP Goals                                                            1

9.10    11.30am: Quayside Holdings Limited Annual Report for the year ended 30 June 2021

This item will be distributed under a separate cover.

9.11    Toi Moana Trust Annual Report for the year ended 30 June 2021

This item will be distributed under a separate cover.

 

 

 

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 - 12 August 2021

As noted in the relevant Minutes.

As noted in the relevant Minutes.

To remain in public excluded.

10.2

Public Excluded Regional Council Minutes - 16 September 2021

As noted in the relevant Minutes.

As noted in the relevant Minutes.

To remain in public excluded.

 

Minutes to be Confirmed

10.1    Public Excluded Regional Council Minutes - 12 August 2021

10.2    Public Excluded Regional Council Minutes - 16 September 2021

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

12 August 2021

 

Regional Council

Open Minutes

Commencing:             Thursday 12 August 2021, 9.30 am

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

Chairperson:               Chairman Doug Leeder

Deputy Chairperson:  Deputy Chairperson Jane Nees

Members:                    Cr Andrew von Dadelszen – via Zoom

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 - via Zoom

Cr Stacey Rose

Cr Paula Thompson

Cr Te Taru White

In Attendance:            Fiona McTavish – Chief Executive, Mat Taylor – General Manager Corporate, Chris Ingle – General Manager Integrated Catchments, Mark Le Comte – Principal Advisor Finance and Transport Operations, Debbie Hyland – Finance and Transport Operations Manager (via Zoom), Tone Nerdrum Smith – Committee Advisor

Apologies:                  Cr Stacey Rose and Cr Kevin Winters – early departure [Note: this did not occur as the meeting concluded prior to the Councillors departing]

 

1.     Opening Statement by Chair

The Chairman advised that the public section of this meeting was being recorded and would be made available on the Bay of Plenty Regional Council website following the meeting Bay of Plenty Regional Council - YouTube

It was noted that informal conversations taking place at the Council table and/or in the public gallery could inadvertently be recorded and agreed that a sentence to this effect be added to the opening statement to ensure those present were advised accordingly.

2.     Opening Karakia

A karakia was provided by Cr Te Taru White.

3.     Apologies

Resolved

That the Regional Council:

1       Accepts the apologies from Cr Rose and Cr Winters for early departure [note: this did not occur as the meeting concluded prior to the Councillors departing] tendered at the meeting.

Leeder/Bruning

CARRIED

4.     Items not on the Agenda

4.1

Minor River Scheme Rates Setting (Public Excluded Item)

 

Resolved

That the Regional Council:

1       Accepts the public excluded report Minor River Scheme Rates Setting for inclusion as a late item in the public excluded section of this meeting, notes that the item was late due to the legal advice not being available in time for inclusion in the main agenda and that a decision is required in this matter.

Leeder/Thurston

CARRIED

5.     Declaration of Conflicts of Interest

Cr Stuart Crosby and Cr Te Taru White: Agenda Items 9.4 - Quayside Subsidiary Statements of Intent and 9.5 - Toi Moana Trust Statement of Investment Policy and Objectives as Directors of Quayside Holdings Ltd.

Chairman Doug Leeder: Public Excluded Item Not on the Agenda Minor River Scheme Rates Setting.

6.     Minutes

Minutes to be Confirmed

6.1

Regional Council Minutes - 24 June 2021

 

 

Resolved

That the Regional Council:

Confirms the Regional Council Minutes - 24 June 2021 as a true and correct record.

Rose/Nees

CARRIED

7.     Reports

7.1

Chairperson's Report

Key Points:

·    Noted the site visits to Waiari Water Supply Scheme development site and the Norske Skog Mill in Kawerau (invited by Mayor Campbell)

·    Notification had gone to all Councillors with regards to the invitation to the Gate Pā/Te Rangi battle site

·    There was still work to be done in the Jobs for Nature space and the role of the Reference Group was undergoing a review as the initial phase had been completed.

Key Points - Staff:

·    Noted the site visit to Ōpōtiki on Wednesday 8 September 2021 for the purposes of the Ōpōtiki Harbour Transformation Project.

 

Items for Staff Follow Up:

·    Prepare a letter of congratulations for signature by Chairman Leeder to Ōpōtiki District Council for receiving the LGNZ Excellence Award.

 

Resolved

That the Regional Council:

1       Receives the report, Chairperson's Report.

Leeder/Rose

CARRIED

Decisions Required

7.2

BOPLASS Statement of Intent 2021-2024

Presented by: Mark Le Comte – Principal Advisor Finance and Transport Operations and Debbie Hyland – Finance and Transport Operations Manager (via Zoom).

Key Points:

·     Provided an outline of the Statement of Intent and the process to date

·     Noted the appointment of John Holyoake as the new WBOPDC Chief Executive that the Terms of Reference would be updated accordingly.

 

Resolved

That the Regional Council:

1       Receives the report, BOPLASS Statement of Intent 2021-2024.

2       Agrees the BOPLASS Statement of Intent 2021-2024.

Thurston/Nees

CARRIED

 

7.3

Local Government Funding Agency Statement of Intent 2021/22

Presented by: Mark Le Comte – Principal Advisor Finance and Transport Operations and Debbie Hyland – Finance and Transport Operations Manager (via Zoom).

Key Points:

·    Shareholders were approaching the LGFA Board regarding the impact of the proposed local government reforms on future lending.

 

Items for Staff Follow Up:

·    Response from LGFA Board to be provided to Councillors once received.

 

Resolved

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.

Nees/Rose

CARRIED

 

7.4

Quayside Subsidiary Statements of Intent

Presented by: Mark Le Comte – Principal Advisor Finance and Transport Operations, Debbie Hyland – Finance and Transport Operations Manager (via Zoom)

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

Key Points:

·    The presentation of this CCO subsidiary Statements of Intent was due to an amendment to the Local Government Act 2002 which meant such reporting was now a legal requirement.

 

Resolved

That the Regional Council:

1       Receives the report, Quayside Subsidiary Statements of Intent.

2       Agrees the Statements of Intent for Aqua Curo, Huakiwi, Lakes Commercial Developments and Tauranga Commercial Development.

Nees/Winters

CARRIED

 

7.5

Toi Moana Trust Statement of Investment Policy and Objectives

Presented by: Mark Le Comte – Principal Advisor Finance and Transport Operations and Debbie Hyland – Finance and Transport Operations Manager.

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

 

Resolved

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.

Leeder/Winters

CARRIED

 

7.6

Rates Setting 2021/22 - Alteration of Resolutions

Presented by: Mark Le Comte – Principal Advisor Finance and Transport Operations.

 

Resolved

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 5% to 3%.

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

4       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)

(iv) 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;

(v) 

(vi) 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.

Rose/Nees

CARRIED

 

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

8.1

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.

8.2

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.

8.3

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.

Items not on the Agenda

Minor River Scheme Rates Setting

Withholding the information is necessary to maintain legal professional privilege

Section 48(1)(a)(i) Section 7 (2)(g)

To be released on the Chief Executive’s approval

Leeder/Rose

CARRIED

 

9.     Closing Karakia

A karakia was provided by Cr Te Taru White.

 

10.15am – the meeting closed.

 

 

 

Confirmed                                                                                               

                                                                              Chairman Doug Leeder

Chairperson, Regional Council


Regional Council Minutes

16 September 2021

 

Regional Council

Open Minutes

Commencing:             Thursday 16 September 2021, 1.00 pm

Venue:                         Zoom (Audio Visual Meeting).

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, Yvonne Tatton – Governance Manager, Tone Nerdrum Smith – Committee Advisor

Apologies:                  Cr Norm Bruning – late arrival

 

1.     Opening Karakia

A karakia was provided by Cr Iti.

2.     Apologies

Resolved

That the Regional Council:

1       Accepts the apology from Cr Bruning for lateness tendered at the meeting.

Leeder/Nees

CARRIED

 

3.     Declaration of Conflicts of Interest

Cr Stuart Crosby: Public Excluded agenda Item 7.1 Tauranga Stadium – Feasibility Study - approached regarding possible membership on a future Governance Group for the Tauranga Stadium project.

4.     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

4.1

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.

4.2

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.

4.3

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.

2       That Gillian Gibson – Consultant be permitted to stay in the public excluded section of the meeting due to her knowledge of the matter under discussion, being Agenda Items 7.2 and 7.3.

Leeder/Winters

CARRIED

 

2.41 pm – the meeting closed.

 

 

Confirmed                                                                                               

                                                                              Chairman Doug Leeder

Chairperson, Regional Council


Rangitāiki River Forum Minutes

4 June 2021

 

Rangitāiki River Forum

Ngā Meneti

Open Minutes

Commencing:             Friday 4 June 2021, 10.30 am

Venue:                         Mataatua Room, Bay of Plenty Regional Council, 5 Quay Street, Whakatāne

Heamana

Chairperson:               Maramena Vercoe - Te Runanga o Ngāti Manawa

Ngā Kopounga

Members:                    Bay of Plenty Regional Council:  Cr Bill Clark, Cr Toi Kai Rākau Iti, Cr Stacey Rose, Cr Kevin Winters

                                                      Hineuru Iwi Trust:  Mei Winitana

Te Runanga o Ngāti Awa:  Miro Araroa, Tuwhakairiora O'Brien - Alternate

Te Rūnanga o Ngāti Manawa: Karito Paul (Alternate)

Te Rūnanga o Ngāti Whare:  Bronco Carson, Jane Nicholas - Alternate

Ngāti Tuwharetoa (BOP) Settlement Trust: Clifford Te Riini

Tuhoe Te Uru Taumatua: Ngapera Rangiaho

Te Kotahitanga o Ngāti Tūwharetoa: Whakaeke Ritete (via Zoom)

Whakatāne District Council: Cr Alison Silcock

Te Hunga i Tae Ake

In Attendance:            Bay of Plenty Regional Council: Chairman Doug Leeder, Chris Ingle – General Manager Integrated Catchments, Charles Harley – Team Leader Eastern Catchments, Mieke Kapa – Land Management Officer, Kataraina O’Brien – Kotahitanga Strategic Engagement Manager, Shari Kameta – Committee Advisor

                                                      Te Rūnanga o Ngāti Manawa: Maxeen Newton – Pou Taiao

                                                      Whakatāne District Council: Terryl Lepper - Senior Project Planner

                                                      Taupō District Council: Sue Mavor - Senior Policy Advisor (via Zoom)  External: Kelly Hughes, Charl Naude - ATS Environmental; Ryan Piddington, Environmental & Regulatory Services Manager, Lisa Mead, Senior Environmental Advisor, Abi Collins - Trustpower Limited; Craig Rowe, Regional Manager - Pioneer Energy

Ngā Hōnea

Apologies:                  Cr Kylie Leonard, Cr Anna Park – Alternate, Taupō District Council, Cr Wilson James – Alternate, Whakatāne District Council

1.     Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Miro Araroa.

Mihi Whakatau

Welcome to new Members

Miro Araroa provided a mihi to welcome new members Mei Winitana, Jane Nicholas and Bronco Carson and to acknowledge Councillors Alison Silcock and Wilson James for their support in the decision made by Whakatāne District Council to establish Māori wards at the next local body elections.

2.     Ngā Hōnea
Apologies

Resolved

That the Rangitāiki River Forum:

1       Accepts the apologies from Cr Wilson James, Cr Kylie Leonard and Cr Anna Park tendered at the meeting.

Silcock/Te Riini

CARRIED

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

None declared.

4.     Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

4.1

Rangitāiki River Forum Minutes - 9 April 2021

Matter arising

Minute item 9.1, ‘Continuation of Item 8.3 Rangitāiki Catchment Programme November 2020-January 2021 Dashboard Report’ – Discussion was sought under agenda item 10.3 in regard to CCTV cameras operating on the western side of the Thornton Domain.

 

Resolved

That the Rangitāiki River Forum:

1       Confirms the Rangitāiki River Forum Minutes - 9 April 2021 as a true and correct record, subject to the following amendments:

 

·    Attendances (page 7) – insert ‘a’ for Jane Nicholas, Opening Karakia (page 8) amend ‘Honahona Haka’ to ‘Hakahaka Hona’, Minute item 6.3 (page 13) amend ‘Polly’ to ‘Holly’; Minute item 7.1: Presentation Update on Glass Eel Research (page 14) under 7th bullet amend ‘100,000’ cumecs to ‘100’ cumecs.

Rose/Carson

CARRIED

5.     Whakaaturanga
Presentations

5.1

Fish Barrier Remediation work in the Rangitāiki Catchment

Presentation - Rangitaiki Fish Passage 2021: Objective ID A3820051   

Presented by: Kelly Hughes, ATS Environmental

 

The presentation provided an update on work being carried out in the Rangitāiki catchment to remediate barriers to native fish passage and migration in waterways.

Key Points:

·    The project was leading the way nationally and was in its fifth year, beginning first along public roads and recently moving onto private land.

·    Crossing points (i.e. structures, weirs and culverts) were identified via an initial desktop survey followed by field assessments prior to remediation.

·    Approximately 12,000 potential structures had been identified within the Bay of Plenty region.

·    Data collection recorded the current status and attributes of each structure.

·    Outlined current statistics and a snapshot of barriers affecting a section of tributaries within the Rangitāiki catchment.

·    Provided examples of the types of barriers and remediation treatments used for a variety of structures and environmental settings.

·    Next steps: access and remediate unassessed structures, monitoring plan cycles, expand the project across the region and training personnel to build capacity.

In Response to Questions:

·    Materials used were robust, durable and cost effective.

·    Was open to using Mātauranga Māori and sustainable alternatives that may be available and suitable.

·    Monitoring targets to measure success was not defined by the National Environmental Standards for Freshwater (NES-FW) and National Policy Statement for Freshwater Management (NPS-FM).

·    Welcomed the support of tangata whenua monitors, however noted this would require resource, planning and support.

·    Was open to collaborating with Te Whare Wānanga o Awanuiārangi and existing community volunteer groups.

·    Noted there was scope for discussion with Fish & Game, Ministry for the Environment and Department of Conservation in regard to weighting values for native and exotic fish species.

·    Summarised work underway and completed in the Bay of Plenty region:

o Rangitāiki catchment - public road assessments and remediation completed; private roads were currently underway;

o Whakatāne and Kaituna catchment - assessments completed.

o Tauranga Moana rohe – some assessments and fixes within Katikati area were completed.

Key Points - Members:

·    Supported the use of Mātauranga Māori and environmentally sustainable remediation treatments and local tangata whenua to assist with the work.

·    Federated Farmers may be able to assist with access issues.

·    Commended the remediation mahi happening in the Rangitaiki catchment.

Staff - Key Points

·    Fish passage remediation would be a requirement of farm plans to implement the NPS-FM, which this work was an initial part of and the Land Management team was considering future resourcing to educate and work with farmers on.

 

5.2

Rangitāiki River Reconnection Proposal Update

Presentation - Rangitaiki River Reconnection Proposal: Objective ID A3821193   

Presented by: Mieke Kapa, Senior Projects Officer

 

Key Points:

·    Provided background on the proposal to reconnect a traditional cultural route between the Tarawera and Rangitāiki rivers that would provide additional ecological habitat.

·    Investigations to date on current water levels identified a 20-25cm downward slope from the Rangitāiki to the Tarawera river.

·    Hydrological modelling suggested there was potential to achieve a one-way flow to the Tarawera, however would still need to determine: volume needed, length of time for water flow through the channel, how to get water into the dry channel and if any ecological improvements would be achieved.

·    Initial talks had occurred with affected landowners and iwi, and discussions held with BOPRC’s engineering team to repair the old river channel gates and Whakatāne District Council to improve the Smith Road crossing.

·    A funding application to the Ministry for the Environment was declined.

·    Next steps were: finish modelling, investigate local hydrology to determine channel connectivity with adjacent groundwater, investigate improvements to the Tarawera gates that could be made to enable upstream flow at high tides, and continue communication with affected landowners, stakeholders and interested parties.

In Response to Questions:

·    Sampling would be undertaken to identify existing invertebrates and ecological health within the old river channel.

·    Anecdotal advice from landowners noted the presence of tuna and other fish species at the Tarawera end of the channel.

·    Water from the Tarawera would not flow into or impact the Rangitāiki.

·    Cost benefit analysis would be done after the completion of modelling to determine a number of factors, including cost and ecological benefits.

·    e-DNA water sampling had identified a number of species present in the channel, including large goldfish, but no presence of koi carp.

Key Points - Members:

·    Salinity would be important to determine benefits for inanga habitat.

·    Reconnection of the traditional route would be culturally significant to kaumātua of Ngāti Awa.

 

 

5.3

Co-Governance Digital Tool

Presented by:  Mike Taitoko and Tasman Gillies - Takiwa Ltd (Via Zoom)

 

Mr Taitoko and Mr Gillies gave a demonstration of a digital tool they were developing for co-governance entities that was being funded by the Department of Internal Affairs - Te Tari Taiwhenua (DIA).

Key Points:

·    The digital tool was to assist co-governance entities to gain access and visibility of resource management and environmental data within a co-governance boundary in a spatial format to inform decision-making.

·    The tool used publicly available data held by councils, which included data from Land Air Water Aotearoa (LAWA) gathered by councils.

·    Demonstrated the types of dataset overlays used from resource consents and environmental monitoring information.

·    The tool could provide access to other/overlapping co-governance arrangements and had the potential to be public facing.

·    Sought the Forum’s feedback regarding their interest to be involved in the project.

11:55 am – Jane Nicholas withdrew from the meeting.

In Response to Questions:

·    Data overlays could be requested from councils to contextualise specific activities within a certain locality or sub-catchment. 

·    The project’s scope was to provide access to participants of co-governance arrangements however, separate arrangements could be made for iwi entities to utilise their own data, which could be made available to others or kept private.

·    Takiwa Ltd were in discussion with DIA to determine appropriate funding to build and support capability of co-governance groups to utilise the tool.

Key Points - Members:

·    Utilising Taiao hubs at a co-governance level to assist with data capture and analysis was noted for consideration.

·    Undertaking appropriate analysis would be important.

·    Interest was raised in accessing water bores and other resource consent data.

Key Points - Staff:

·    BOPRC had a live environmental data portal that could be accessed on Council’s website, for which a demonstration could be provided to the Forum.

·    DIA’s digital tool used the same information that was available on BOPRC’s live environmental data portal.

·    Training offered by the DIA project could be supported by Council staff.

Staff Follow-up Action

·    Arrange a presentation on BOPRC’s environmental data portal at the Forum’s next meeting, prior to considering next steps.

12:15 pm – Whakaeke Ritete withdrew from the meeting.

6.     Whakahoutanga Kōrero
Verbal Updates

6.1

Forum Members' Verbal Updates

 

Miro Araroa/Tu O’Brien – Te Rūnanga o Ngāti Awa

·    No update to report.

Alison Silcock – Whakatāne District Council

·    WDC’s Long Term Plan Deliberations would be held on Tuesday
8 November 2021.

Cr Toi Iti – Bay of Plenty Regional Council

·    No update to report.

Karito Paul – Te Rūnanga on Ngāti Manawa

·    Acknowledged the opportunity to assist with the glass eel study on the Rangitāiki awa and commended the mahi being carried out by NIWA and local tangata whenua/volunteers.

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

·    Ngāti Tūwharetoa Geothermal Assets’ geothermal discharge hearing was being held on 1 and 2 July 2021.

Bronco Carson – Te Rūnanga on Ngāti Whare

·    No update to report.

Mei Winitana – Hineuru Iwi Trust

·    Noted in relation to the co-governance digital tool presentation that Ngāti Hineuru had not been listed as one of the participating iwi.

·    Discussions were being held between some Ngāti Hineuru tribal members in regard to freshwater koura within their rohe[1].

Cr Kevin Winters – Bay of Plenty Regional Council

·    BOPRC’s Long Term Plan deliberations were completed in May. Congratulated the Chair on a successful submission to obtain new funding for secretariat support for the Forum.

·    Noted BOPRC’s commitment to add value to co-governance forums and hoped that the support would bring new rigour to the Forum’s mahi.

Cr Bill Clark – Bay of Plenty Regional Council

·    A Memorandum of Understanding was being formalised between the Rangitāiki Waka Ama Club and Edgecumbe Lions Club in a collaborative effort to support the clubs. Mr Hona had become a Lions Club board member and Cr Clark a Waka Ama Club member and the clubs were preparing a joint proposal to put forward to the Edgecumbe College to include waka ama within the school’s curriculum in 2022.

Ngapera Rangiaho – Tūhoe Te Uru Taumatua

·    Noted social behavioural issues that were occurring at Lake Aniwaniwa.

·    Community drop-in sessions held at Waiohau Marae were kaupapa driven on a need to basis[2] to keep the community informed of relevant issues that affect the Rangitāiki catchment and community. Noted that Craig Rowe, Pioneer Energy had presented at a session along with others.

·    Kokopu Trust had invited Ngapera to become a trustee to support them with their mahi.

Cr Stacey Rose – Bay of Plenty Regional Council

·    Involved in youth engagement work on BOPRC kaupapa.

·    Wished to consider how co-governance forums can influence rangatahi and would be exploring this more in the near future.

Chair Maramena Vercoe – Te Rūnanga o Ngāti Manawa

·    Trap and transfer season at Lake Aniwaniwa had been completed.

·    Noted there had been a reduction in numbers of migrating tuna caught, which the timing of lake lowering had not helped, therefore would follow-up with Pioneer Energy on this matter.

·    As the Forum Chair, had been approached and interviewed by a researcher on behalf of the Ministry for the Environment and Te Kahui Wai Māori on the Forum’s views and perspectives to freshwater and mana whakahaere. Three key messages conveyed were:

o Consideration of Māori rights and interests in water

o Appropriate consideration and understanding to be given to Te Ao Māori concepts such as Te Mana o te Wai, Te Mana Whakahaere and kaitiaki.

o Reform opportunities and contributing within partnership arrangements.

12:47 pm – Jane Nicholas entered the meeting.

 

Items for Staff Follow Up:

·    Arrange a Forum visit to the source of the Rangitāiki awa.

 

6.2

Trustpower Limited Update

Presentation - Matahina Elver Passage Update - June 2021: Objective ID A3821194 

Presentation - Wheao Resconsent Update - June 2021: Objective ID A3821195   

Presented by: Ryan Piddington, Environmental and Regulatory Services Manager

 

Matahina Elver Passage Update

Key Points:

·    Trap and transfer was still the current method of passage.

·    The Kokopu Trust had transferred 1.3 tonnes of tuna upstream of the dam in 2020, which was good in comparison to other years.

·    Development of the elver elevator system:

o Project goal was to provide unimpeded tuna passage into Lake Matahina

o Phase 1 (2020) - proof of concept had been completed

o Phase 2 (2021) – build design concept of a scoop, culvert and elevator into a holding tank at Trustpower’s carpark for transportation to the lake. Phase 2 still required trap and transfer, but allowed data to be collected. A mechanical engineer had been engaged to finalise the design, which would likely require resource consents.

o Phase 3 - design an elevator to transport tuna to the rear of the station

o Phase 4 - design an elevator up and over the dam.

o Phase 3 & 4 would allow for any new technologies to be considered.

·    Phase 2 timeline:

o June-September 2021 - finalise design and obtain consents;

o September-November 2021 – instream work (outside migration season)

o November-February 2022: trial planning and execution.

·    Noted interest in Kelly Hughes’ work (ATS Environmental), which may provide some ideas and methods to assist with the project.

·    Offered to provide funding to re-establish the tuna steering group.

In Response to Questions:

·    The design did not provide for downstream migration.

·    Work to date had led to the current design proposal due to the size of the dam structure, elevation height and to accommodate other fish species.

·    Success measures for the current trap and transfer operation was based on comparison of numbers transferred annually and mortality rates.

·    Welcomed feedback on other measures of success that could be used.

·    Was unaware of any tuna fatalities from maintenance clean outs, but would make enquiries.

·    Work had been completed to ascertain and adjust turbine velocity levels at the screen gates to reduce any impingement on tuna migration.

Key Points - Members:

·    The hiatus of the tuna steering group and tuna forum was largely due to staff resourcing changes and a lack of engagement of stakeholder agencies.

 

Wheao Reconsenting Update

Key Points:

·    Provided an overview of the Wheao hydro scheme, for which resource consents were due to expire in 2026.

·    The reconsenting process would not be seeking any enhancements.

·    Outlined Trustpower’s reconsenting strategy approach to:

o Collaborate and work closely with mana whenua at every stage

o Bring other stakeholders along on the journey

o Environmental assessments to involve and engage with tangata whenua and seek the inclusion of cultural monitoring/Mātauranga Māori

·    Provided ‘draft’ drone footage and graphics that were under development to provide a high level story of the scheme and catchment which would be updated with new information that came to hand and made publicly available once finalised.

·    Sought advice on how the Forum wished to be involved.

Key Points - Members:

·    Ngāti Manawa held significant mamae as a result of the impact the hydro scheme had had on their tupuna awa, which needed consideration.

·    Feedback from the Forum needed to align with its purpose and objectives.

 

In Response to Questions:

·    The Wheao hydro scheme was established pre-RMA. It was given a 35-year term and had not yet been through a RMA consent process.

·    Trustpower’s preference was to be given a further 35-year consent term, which is what the RMA currently provided for (as a maximum).

·    Lodgement of the consent application was anticipated in the next couple of years. Due to its complexity, BOPRC had encouraged Trustpower to lodge their application early.

·    Acknowledged the mamae of mana whenua which had been caused by the hydro schemes and wished to work closely with tangata whenua on how to reconcile the impacts on the wai and surrounding taiao.

Extension of Time

The Chair advised at 1:45pm that the meeting had gone over three hours and that under the Forum’s standing orders a resolution would need to be passed to extend the meeting duration.

Resolved

That the Rangitāiki River Forum:

1       Extends the duration of the meeting for an additional half hour.

Rose/Te Riini

CARRIED

7.     Ngā Pūrongo
Reports

Ngā Whakatau e Hiahiatia Ana
Decisions Required

7.1

Change in Membership and Appointment of a Deputy Chairperson

 

Resolved

That the Rangitāiki River Forum:

1       Receives the report, Change in Membership and Appointment of a Deputy Chairperson.

2       Confirms the following appointments onto the Rangitāiki River Forum:

·    Mei Winitana as the appointed member for Hineuru Iwi Trust; and

·    Bronco Carson as the appointed member and Jane Nicholas, replacing Jose Miki as the alternate member for Te Rūnanga o Ngāti Whare.

Araroa/Rangiaho

CARRIED

3       Selects System B as the voting system for the election of a Deputy Chairperson.

Rangiaho/Vercoe

CARRIED

4       Elects Bronco Carson as the Deputy Chairperson of the Rangitāiki River Forum.

Te Riini/Rangiaho

CARRIED

 

Cr Silcock abstained from voting.

 

7.2

Information and Acknowledgement Display Panels at Aniwhenua Reserve Playground (Holly's Playground)

Presented by: Chris Ingle, General Manager Integrated Catchments and Cr Alison Silcock

Key Points:

·    Installation of information and acknowledgment panels had arisen from a public request made to Holly’s Playground Committee to recognise the work of the late Bill Kerrison, founder of the Kokopu Trust.

·    Holly’s Playground Committee had considered it was more appropriate for the request to be referred to the Forum.

·    Cr Silcock had spoken to Mrs Ruby Kerrison who was delighted with the request.

·    It was recommended that Holly’s Playground Committee apply to the Regional Council’s Environment Enhancement Fund (EEF), as the proposal aligned with EEF funding criteria.

Key Points - Members:

·    Karito Paul offered to assist Holly’s Playground Committee with the EEF application and suggested incorporating on the information panels information and stories about the surrounding whenua and Ngāti Manawa who occupied the whenua, which was supported by Forum.

 

Resolved

That the Rangitāiki River Forum:

1       Receives the report, Information and Acknowledgement Display Panels at Aniwhenua Reserve Playground (Holly's Playground);

2       Endorses an application to Bay of Plenty Regional Council’s Environmental Enhancement Fund to support the production and installation of tuna interpretation panels and an acknowledgement board at Holly’s Playground at Aniwhenua Reserve to honour the late Bill Kerrison (Founder of the Kokopu Trust);

3       Seeks collaboration and support of the respective Forum partners to assist with this mahi and its ongoing maintenance (WDC).

Silcock/Rangiaho

CARRIED

Hei Pānui Anake
Information Only

7.3

Rangitaiki Catchment Programme Dashboard February - April 2021

Presented by: Charles Harley, Team Leader Eastern Catchments

Key Points:

·    Due to the Councils’ Long Term Plan processes, the end of year report and 2021-2022 work plan would be reported to the Forum in September.

Key Points - Members:

·    Sought assurance that aquatic weed control scheduled at Lake Aniwaniwa in early November 2021 would not be delayed to December.

In Response to Questions:

·    Aquatic weed control relied on a number of factors to achieve the best outcome (i.e. water temperature, lack of sediment layer on the weed, and low-moderate wind). If conditions were favourable, spraying would be undertaken in November as scheduled.

 

Items for Staff Follow Up:

·    Regarding CCTV installation options for reserves, a concern was raised regarding potential monitoring of customary fishing access and practices at Thornton Domain and it was requested that Whakatāne District Council consult with relevant Forum and Ngāti Awa representatives on this matter.

 

Resolved

That the Rangitāiki River Forum:

1       Receives the report, Rangitaiki Catchment Programme Dashboard February - April 2021.

Carson/Te Riini

CARRIED

8.     Karakia Kati
Closing Karakia

A karakia was provided by Miro Araroa.

2:10 pm – the meeting closed.

 

Confirmed 3 September 2021                                                           

                                                                                      Maramena Vercoe

Chairperson, Rangitāiki River Forum


Regional Transport Committee Minutes

9 June 2021

 

Regional Transport Committee

Open Minutes

Commencing:             Wednesday 9 June 2021, 1:00 pm

Venue:                         Regional House Chambers, 1 Elizabeth St, Tauranga

Chairperson:               Cr Lyall Thurston - Bay of Plenty Regional Council

Deputy Chairperson:  Cr Jane Nees - Bay of Plenty Regional Council

Members:                    Mayor Garry Webber - Western Bay of Plenty District Council, Deputy Mayor Andrew Iles – Alternate, Whakatāne District, David Speirs – Director Regional Relationships, Waka Kotahi NZ Transport Agency, Mayor Steve Chadwick - Rotorua Lakes Council (via Zoom), Commissioner Stephen Selwood, Alternate – Tauranga City Council (via Zoom), Cr Norm Bruning – Alternate, Bay of Plenty Regional Council

In Attendance:            Bay of Plenty Regional Council: Fiona McTavish – Chief Executive, Namouta Poutasi – General Manager, Strategy and Science, James Llewellyn – Transport and Urban Planning Manager, Lorraine Cheyne – Senior Transport Planner, Rachel Pinn – Contractor, Cr Andrew von Dadelszen (via Zoom), Cr Paula Thompson (via Zoom), Cr Crosby (via Zoom), Amanda Namana – Committee Advisor

                                    External: Inspector Brent Crowe – Road Safety Advisor, NZ Police, Member; Dan Kneebone – Port Advisor, Port of Tauranga; Glen Crowther – Environmental Sustainability Advisor; John Galbraith – Freight Advisor (via Zoom), Cr Don Thwaites – Western Bay of Plenty District Council 

 

Apologies:                  Chairman Leeder – Ex-Officio, Bay of Plenty Regional Council, Commissioner Anne Tolley – Tauranga City Council Chair, Mayor Judy Turner -  Whakatāne District Council, Mayor Lyn Riesterer - Ōpōtiki District Council, Cr David Moore – Alternate, Ōpōtiki District Council, Deputy Mayor David Donaldson – Alternate, Rotorua Lakes Council

 

Please note that this meeting was recorded via Zoom and is available on Council’s YouTube channel for viewing: https://www.youtube.com/watch?v=FgOZSz9A1dA

1.     Apologies

Resolved

That the Regional Transport Committee:

1       Accepts the apologies from Chairman Leeder – Ex-Officio, Bay of Plenty Regional Council, Commissioner Anne Tolley – Tauranga City Council Chair, Mayor Judy Turner -  Whakatāne District Council, Mayor Lyn Riesterer - Ōpōtiki District Council, Cr David Moore – Alternate, Ōpōtiki District Council and Deputy Mayor David Donaldson – Alternate, Rotorua Lakes Council tendered at the meeting.

Thurston/Webber

CARRIED

2.     Public Forum

2.1

Cr Don Thwaites – Western Bay of Plenty District Council

Tabled Document 1 - Public Forum - Cr Don Thwaites: Objective ID A3827379   

 

Key Points:

·       Had been a member of the Regional Transport Committee (RTC) during the 2018 Regional Land Transport Plan (RLTP) process

·       Was a member of the Ōmōkoroa Community Board

·       Provided a historic map showing options of a Bethlehem bypass

·       Expressed frustration over the ministerial announcement on 4 June 2021, where central government would no longer fund Takitimu Northern Link (TNL) Stage 2, from Te Puna to Ōmōkoroa

·       This critically affected two major intersections at Ōmōkoroa and Whakamarama which remained a high priority.

 

3.     Declaration of Conflicts of Interest

None declared.

4.     Minutes

Minutes to be Confirmed

4.1

Regional Transport Committee Minutes - 19 February 2021

Matters Arising

Mayor Webber – Western Bay of Plenty District Council expressed displeasure at the amended priority weightings.

 

Resolved

That the Regional Transport Committee:

1       Confirms the Regional Transport Committee Minutes - 19 February 2021 as a true and correct record.

Iles/Nees

CARRIED

5.     Reports

5.1

Chairperson's Report

Transport and Urban Planning Manager James Llewellyn presented this item.

Key Points:

·       The Public Transport Operating Model (PToM) review aimed to:

o Understand barriers to delivery of zero emission buses

o Consider how to protect drivers’ wages and conditions and therefore make bus driving a more attractive career

o Look at how the different roles and relationships within the public transport industry could work better

o Consider whether reasons for exempt services under PToM needed to be changed and also how on-demand services would be treated under PToM

Key Points - Members:

·       An increasing area of concern was driver and public safety on buses.

·       Needed to get a comparative analysis of hourly rates compared to working conditions.

 

In Response to Questions:

·       The preference was that the PToM review would provide a contractual framework with flexibility to implement the types of services and vehicles that were appropriate to the network

·       The submission compiled for PToM needed to clearly outline issues and challenges in relation to driver and public safety on buses, and address the importance of investment in security measures.

 

Resolved

That the Regional Transport Committee:

1       Receives the report, Chairperson's Report.

Thurston/Iles

CARRIED

Decisions Required

5.2

Waka Kotahi Quarterly Update - June 2021

Presentation: Waka Kotahi Quarterly Update: Objective ID A3811425   

Key Points:

·       Changes announced by central government to the New Zealand Upgrade Programme (NZUP) had impacted Stage 2 of the TNL project, which would now only progress with route protection.  Anything beyond this would need to go through the National Land Transport Programme (NLTP) process.  With guidance from Minister of Transport Hon Michael Wood, staff were looking at a range of options for the Ōmōkoroa intersection and would seek to progress these as a variation through the NLTP.  The specimen design currently in place would continue to be worked upon as it was still considered the best option

·       The Rightcar website had been updated to include price ranges of cars and driver safety, and encouraged people to buy the safest, cleanest car they could afford

·       The likelihood of death or injury in cars that had low safety ratings ( 1 or 2 stars) was high compared to accidents occurring in a 5 star rated vehicle

·       Highlighted that the One Network Framework was progressing more quickly than expected

·       There had been a high level of interest in the Tauriko for Tomorrow engagement

·       State Highway 2 (SH2) to Wainui Road safety improvements project had created 15 full time jobs for local people to date.

Key Points - Members:

·       Acknowledged local hapū and iwi for their cooperation and consideration to the SH2 to Wainui Road safety improvements within a relatively tight timeframe.

In Response to Questions:

·       Looking at alternative funding options and streams was ongoing work, particularly with the move from cars to other modes of transport.

 

Items for Waka Kotahi Follow Up:

·       Provide details on the level of support from the public for the various options that were provided in the Tauriko for Tomorrow engagement.

 

 

Resolved

That the Regional Transport Committee:

1       Receives the report, Waka Kotahi Quarterly Update - June 2021;

Speirs/Chadwick

CARRIED

2       Requests Waka Kotahi provide the weightings that were used through the analysis of the NZUP funding to the committee;

Webber/Nees

CARRIED

3       Expresses collective regret that a proposed route development deferral will impact upon the effective workings of the committee.

Chadwick/Selwood

CARRIED

David Speirs abstained from voting on resolution 3

 

 

 

5.3

Endorsement of the 2021 - 2031 Regional Land Transport Plan

Presentation: Regional Land Transport Plan Endorsement: Objective ID A3828589

Transport and Urban Planning Manager James Llewellyn, Contractor Rachel Pinn and Senior Transport Planner Lorraine Cheyne presented this item.

Key Points:

·       The main challenge was availability of funds, which was caused by a range of factors, particularly the impacts of Covid-19 on Waka Kotahi revenue

·       The Bay of Plenty Regional Advisory Group (RAG) included officers from all territorial authorities, along with Waka Kotahi and scored the various activities against the RLTP objectives.  The score allocated to the projects was equally important to the weightings placed on the prioritisation criteria.  The scores moderated and agreed to by the RAG were first compared with the evidence available around the contribution of each of the activities to the various investment objectives.  The final score was then calculated using the prioritised weightings

·       Understanding the inter-dependencies of each project significantly strengthened the process as it provided a view of how the prioritised list fit together

·       Outlined how each different scenario produced a different prioritised list of activities.  Any change to the scenarios had an impact on project sequencing and inter-dependencies

·       Noted that Scenario 4 had been added by the RLTP Hearings Subcommittee to consider a higher percentage weighting for integrated freight and regional resilience (correction to page 33 of the agenda – Scenario 4 should read 25% climate change, 30% safety, 15% integrated freight and regional resilience and 30% better travel options)

·       The weightings in Scenario 1 were overall reflective of support from public submissions, RAG and Waka Kotahi, along with alignment to the GPS and the climate emergency declared.  The weightings also reflected key initiatives such as Urban Form and Transport Initiative (UFTI), Transport Spatial Plan (TSP) and some of the priority activities in Rotorua and Eastern Bay of Plenty for a good balance between sub-regions

·       Staff would undertake a ‘lessons learned’ review in July/ August 2021, i.e. an opportunity to understand how to improve the process in the future.

Key Points - Members:

·       One of the issues with early objective weightings which reflected 35% for freight and regional resilience and 15% for better travel options was that they were inconsistent with the Government Policy Statement (GPS).  Scenario 4 was put forward at the RLTP deliberations meeting on 28 May 2021 with an increased weighting on freight but was found to push projects out of sequence and affect critical inter-dependencies

·       Although it was evident from submissions that there was strong support for the strategy, considered that this better reflected support of the overall objectives of the strategy, which were broader than the GPS criteria

·       Emphasised that the Bay of Plenty was not an urban region, but a rural provincial region, therefore public transport would not resolve the roading and transport issues

·       Reducing speed on its own was not the solution to making roads safer in the region

·       The RTC had a role in influencing policy going forward, using regional advocacy on integrated transport

·       Along with priority freight, a strong emphasis on business and commercial trips needed to be recognised.

In Response to Questions:

·       Response letters to submitters would be sent out after the adoption of the RLTP by Council on 24 June 2021

·       In general, the challenge with rail was that the responsibility lay with KiwiRail – whilst councils could lobby for a rail network, they were not responsible for planning, funding or delivery

·       Relatively frequent buses provided in Tauranga and Western Bay of Plenty struggled for patronage, so better use must be made of existing investment before consideration of additional services into the network

·       No decision had been made yet by the Public Transport Committee on whether to change from the hub and spoke model, however  this would be reviewed over the next couple of years as part of further optimisation and business case work

·       Noted that in order to receive funding from Waka Kotahi for projects over $2m, a business case must be prepared.

 

Items for Staff Follow Up:

·       As funding had been withdrawn from TNL Stage 2, a footnote needed to be added to explain the reason for shifting this from Table 16 of the RLTP to the list of significant activities that were not funded or prioritised.

3:07 pm - The meeting  adjourned and Mayor Chadwick withdrew from the meeting.

3:20 pm – The meeting reconvened.

 

Resolved

That the Regional Transport Committee:

1       Agrees to write to the Minister of Transport noting the importance of Ōmokoroa Intersection and Takitimu Northern Link Stage 2 and requesting consideration of solutions and NLTF funding as soon as possible, including the potential for a variation to the NLTP;

Nees/Webber

CARRIED

David Speirs abstained from voting

2       Receives the report, Endorsement of the 2021 - 2031 Regional Land Transport Plan;

Thurston/Nees

CARRIED

3       Notes the public consultation submissions received;

Nees/Webber

CARRIED

4       Supports the recommendations of the Regional Land Transport Hearings Sub-Committee in relation to the prioritisation of significant activities;

Iles/Nees

CARRIED

Mayor Webber opposed the motion

5       Endorses the Regional Land Transport Plan 2021-2031 as recommended by the RLTP Hearings subcommittee for submission to Regional Council;

Thurston/Nees

CARRIED

Mayor Webber opposed the motion

6       Delegates to the General Manager, Strategy and Science authority to make minor numerical, editorial or presentational amendments prior to final publication,  including correction of the status of the Takitimu Northern Link Stage 2: Ōmōkoroa to Te Puna in Table 16: Significant expenditure on activities not funded from the NLTF, in the RLTP and movement to Development of the Bay of Plenty Transport Programme.

Nees/Thurston

CARRIED

 

5.4

Land Transport Rule: Setting of Speed Limits 2021 consultation

Presentation: Speed Management Plan: Objective ID A3828588

Transport and Urban Planning Manager James Llewellyn presented this item.

Key Points:

·       The key issue for the committee was the extent to which they considered this was an issue best dealt with at a regional level

·       Noted concerns over the way the process was set out and the potential for duplication for a significant amount of coordination work.

Key Points - Members:

·       Setting speed limits should continue to be undertaken by each road controlling authority (RCA) in their own areas

·       The additional cost that would be incurred could be cumbersome for the committee to manage, therefore was supportive of Waka Kotahi seeking different ways to coordinate across district boundaries

·       Supported the letter for raising concerns as this added an unnecessary layer of complexity and it was unclear which problem was attempting to be solved.

In Response to Questions:

·       For the amount of work this would entail, it was unknown what the benefit to RTC would be.

 

Resolved

That the Regional Transport Committee:

1       Receives the report, Land Transport Rule: Setting of Speed Limits 2021 consultation;

2       Notes the key issues and concerns summarised in this report.

3       Recommends that the attached letter be sent as part of the consultation submission;

4       Delegates approval of the Regional Transport Committee consultation submission to the Chair;

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.

Nees/Iles

CARRIED

David Speirs abstained from voting.

 

 

6.   Verbal Update Opportunity from Committee Members and Advisors

6.1

Verbal Updates from Committee Members and Advisors

Presentation: Update from New Zealand Police: Objective ID A3828586

 

Brent Crowe – Road Safety Advisor, New Zealand Police:

Key Points:

·       The updated figure of road deaths for the year to date after Queens Birthday weekend was 145.  Of these there were 21 deaths in the Bay of Plenty region.  Provided a breakdown of vehicle user type, location and causation details for each sub-region

·       Motorcycle accidents were an emerging trend for the Bay of Plenty, particularly the manner in which they were being operated e.g. aggressively and at excessive speed, lack of safety apparel/ protective gear

·       Rural and state highway deaths were a prominent feature across the region

·       ‘Impairment’ included alcohol, illicit or prescription drugs or fatigue

·       An impaired driver operation in Western Bay of Plenty was run over four days in May 2021, yielding 180 prosecutions

·       Another disturbing trend was inter-district travel, where people had been travelling significant distances in an impaired state, often with family or young children in the vehicle

·       Fully supported the concept of speed management but consultation was crucial to get a consistent voice across the Bay of Plenty and noted that NZ Police were the end user as far as implementation / enforcement

·       It was important to get speed management right and to be realistic, with in-depth evidence based speed limits set

·       Having a sound reason for speed limits was crucial as without it, public trust and confidence were diminished which was a key priority for NZ Police

·       Roadwork speeds also needed to be considered in a consistent approach to what was realistic, particularly over the weekends

·       In the Bay of Plenty, the target for excessive speed was focused on the deliberate, reckless speeds that were endangering people’s lives, rather than the 0-10 km excess

·       It was important to take note of the investigations and the data, not just assuming major causes of serious crashes were speed related.

In Response to Questions:

·       Every fatality and serious injury crash was attended by a highly trained serious crash analyst, with the investigation being very thorough and recording all details relevant to the car, driver circumstances and environment.

Glen Crowther – Environmental Sustainability Advisor

Key Points:

·       Outlined key findings related to transport from the Climate Change Commission:

o Reinforcement of the need for compact communities

o Plans to support substantially increased funding from central government for active and public transport

o A move to reduce public transport fares (previously for children and community card holders - now suggested for everyone)

o A move to congestion charging

o Increased focus on rapid transit and frequent transport.

Dan Kneebone – Port of Tauranga Advisor

Key Points:

·       Whilst the Port was continuing to see strong growth, a large portion corresponded with increased growth on rail and increased growth on trans-shipments

·       Continuing with plans for a berth extension and had an application for resource consent  had been lodged.

Deputy Mayor Andrew Iles – Whakatāne District Council

Key Points:

·       Had received strong public support to undertake more work around the public transport system, particularly for the more isolated communities

·       Reiterated the importance of a second bridge for Whakatāne as part of spatial planning.

Cr Jane Nees – Bay of Plenty Regional Council

Key Points:

·       Outlined some of the decisions made by Council in the LTP:

o Optimisation of the public transport network in the Western Bay of Plenty (WBOP)

o Substantial work on upgrading Rotorua public transport network.

o Funded study on decarbonisation of buses

o Extended pilot for free fares for children in WBOP and extended the student trial to the Eastern Bay of Plenty to try and increase public transport uptake.

Mayor Garry Webber – Western Bay of Plenty District Council

Key Points:

·       Expressed concern over the amount of maintenance funds being spent on local roads by territorial authorities in the region

·       Requested a level of independence to the RLTP process review.

 

 

4.14 pm – the meeting closed.

 

 

 

 

 

 

 

Confirmed 14 September 2021                                                         

                                                                                        Cr Lyall Thurston

Chairperson, Regional Transport Committee

 


Tauranga Moana Advisory Group Minutes

11 June 2021

 

Tauranga Moana Advisory Group

Ngā Meneti

Open Minutes

Commencing:             Friday 11 June 2021, 09.30 am

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

Heamana

Chairperson:               Cr Matemoana McDonald Bay of Plenty Regional Council Toi Moana (BOPRC)

Heamana Tuarua

Deputy Chairperson:  Charlie Tawhiao Ngāi Te Rangi

Ngā Kopounga

Members:                    Tauranga City Council (TCC): Commissioner Shadrach Rolleston

Ngāti Pūkenga: Keepa Smallman

Ngāti Ranginui: Te Pio Kawe (Via Zoom)

Ngāi Te Rangi: Pia Bennett

Western Bay of Plenty District Council (WBOPDC): Cr Mark Dean and Cr Grant Dally

BOPRC: Cr Norm Bruning; Cr Stacey Rose; Cr Paula Thompson and Cr Jane Nees

 

Observer:                    Jeff Milham - Department of Conservation (DOC)

 

In Attendance:            BOPRC: Chris Ingle – General Manager, Integrated Catchments; Russell Knutson – Team Leader Western Catchments; Clarke Koopu – Senior Advisor (Treaty); Braden Rowson – Land Management Officer (Tauranga) and Merinda Pansegrouw – Committee Advisor

TCC: Radleigh Cairns - Environmental Programme Leader Infrastructure

WBOPDC: Peter Watson - Manager, Reserves & Facilities, Chris Nepia - Maori Land Officer 

Other:                          Paul Beverley - Partner Buddle Findlay (Via Zoom); Caine Taiapa - General Manager, Cultural and Environmental Research Manaaki Te Awanui

Ngā Hōnea

Apologies:                  Commissioner Bill Wasley

 

1.     Karakia Whakatuwhera
Opening Prayer

Karakia was provided by Chris Nepia.

2.     Whakaaturanga
Presentations

2.1

Whareroa Marae Update

Paul Beverley, Partner Buddle Findlay, provided an overview of progress made with the development of the Whareroa Marae scoping/issues report.

 

Key Points:

·    Reminded members of the background to the matter and acknowledged the support and clear direction provided by the Councils

·    Recognised the significance of the matter

·    Alongside Phil Mitchell were working closely with Whareroa whānau.  Had undertaken a number of hui to ensure a well-defined understanding of the issues and challenges faced by Whareroa Marae

·    Pointed out that conversations with marae whānau were confidential

·    The plan was to develop an independent report on how a managed retreat could be implemented. However, the current thinking was that numerous parallel processes should be considered, as these could impact the process

·    Acknowledged that the challenges were ongoing and that the process would be time consuming.

9:45 am – Councillor Grant Daly and Keepa Smallman entered the meeting.

Key Points Members:

·    Expressed the view that there was an indirect relationship between the Whareroa Marae managed retreat and the Treaty of Waitangi Tribunal Claims. There was however no direct link with what was currently being offered by the Crown as redress

·    Noted that the blocking of the view from Whareroa Marae to Mauao as a taonga was a significant issue that had been extensively elaborated on in a recent research paper.  The research paper was recommended as useful reading:

https://www.researchgate.net/profile/Lewis-Williams/publication/263426517_Mauao_A_Ngai_Te_Rangi_view_of_Hauora/links/02e7e53ace9b5d848b000000/Mauao-A-Ngai-Te-Rangi-view-of-Hauora.pdf

3.     Ngā Hōnea
Apologies

Resolved

That the Tauranga Moana Advisory Group:

1       Accepts an apology from Commissioner Bill Wasley tendered at the meeting.

Bruning/Thompson

CARRIED

4.     Raupapa o Ngā Take
Order of Business

Chairperson Matemoana McDonald advised that item 11.1 “A new care Plan for Mauao and Strategy for the Mauao Trust (An overview of He Korowai Ariki a Mauao 2021-2031)” would be deferred to the next meeting scheduled for 17 September 2021 to allow for consultation with affected parties.

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

None advised.

6.     Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

6.1

Tauranga Moana Advisory Group Minutes - 11 December 2020

Matters Arising

Minute Item 6.3 “Ngā Potiki Membership Request”

·     Chairperson Matemoana McDonald advised that Ngā Potiki’s request for membership of Tauranga Moana Advisory Group (TMAG) was declined in order to maintain the status quo as Tauranga Moana Treaty Settlements were ongoing.  An invitation to attend TMAG meetings as observers had been extended to Ngā Potiki representatives.

 

Minute Item 7.1 “Te Maru o Kaituna River Document Presentation”

·     Noted that members had suggested that consideration be given to having a symposium in the Bay of Plenty, involving all co-governance forums to provide guidance/key learnings to others: evaluating the benefits of co-governance structures, considering the key dynamics of working together, inter-relationships between iwi/councils as a resource to help others. Enquired if this would still be a possibility. Noted that this was a work in progress.

 

 

 

Items for Staff Follow Up:

·    Staff to investigate the development of a Story Board Project (“telling stories of environmental and cultural matters/significance to our communities”) and report back to TMAG on potential cultural and environmental stories for Tauranga Moana

·    Consideration be given to having a symposium in the Bay of Plenty, involving all co-governance forums to provide guidance/key learnings to others.

 

Resolved

That the Tauranga Moana Advisory Group:

1       Confirms the Tauranga Moana Advisory Group Minutes - 11 December 2020 as a true and correct record.

Rose/Tawhiao

CARRIED

7.     Ngā Whakamārama a Ngā Rōpu
Update from Partners

7.1    Ngāi Te Rangi

Ngāi Te Rangi Representative Charlie Tawhiao provided the following verbal update:

Key Points:

·    Progress made to date with the Deed Settlement for Tauranga Moana Iwi Collective/Hauraki Settlement overlapping claims

·    Tauranga Moana and Hauraki kaumātua had commenced mahi on working towards mending the relationships between iwi groups

·    Constructive kōrero had taken place; the focus had mainly been on the strengthening of relationships

·    Was in the process of establishing who else would be claiming mana whenua status in Tauranga Moana

·    The next hui between Tauranga Moana and Hauraki kaumātua would be hosted by Hauraki – date still to be confirmed.

7.2    Ngāti Ranginui

Ngāti Ranginui Representative Te Pio Kawe provided the following verbal update:

Key Points:

·    Endorsed the update on progress made with the Deed Settlement for Tauranga Moana Iwi Collective as provided by Charlie Tawhiao

·    Provided an update on the Marine and Coastal Area (Takutai Moana) Act 2011

o Under the Takutai Moana Act whānau, hapū and iwi were able to apply for Protected Customary Rights/Customary Marine Title through either a High Court or direct Crown Engagement pathway. Applications had closed April 2017

o Both Ngāti Ranginui and Ngāi Te Rangi had been involved in providing evidence in the application by Ngā Potiki. Currently awaiting an outcome to be delivered by September 2021.

7.3    Ngāti Pūkenga

Ngāti Pūkenga representative Keepa Smallman provided the following verbal update to the rūnanga:

Key Points:

·    Highlighted the progress that had been made with land development at Te Kapua Orchard in Welcome Bay

·    Was significant for Ngāti Pūkenga whānau – as it would increase the profitability of Te Tāwharau o Ngāti Pūkenga Charitable Trust and optimise the value of the land. The project would also create employment opportunities, provide cadetships, and restore the wetlands by eradicating pest plants and nurturing native wildlife

·    Engaged in ongoing hui with BOPRC Staff regarding the project.

10:15 am - Cr Rose withdrew from the meeting.

7.4    Western Bay of Plenty District Council

Manager, Reserves & Facilities Peter Watson and Maori Land Officer Chris Nepia, provided a verbal update, highlighting the following:

Key Points:

·    Progress made with delivery of marae wastewater projects (Tawhitinui Marae/ Kutaroa Marae/Te Rangihouhiri Marae)

·    WBOPDC had also allocated further funding to assist Makahae Marae with wastewater infrastructure; with several others to follow.  Next steps involved obtaining landowner consents. A full report on the mahi would be completed

·    Recently completed the 2021–2031 Long Term Plan Consultation/Deliberations process, with adoption planned for 29 June 2021

·    The Harbour Margins Project was ongoing – funding for the next 10 years had been allocated

·    Council recently acquired 109 Clark Road in Te Puna; was considering the development of reserve land/wetlands in the area

·    The Community Match Fund applications closed recently. This included an environmental fund for projects benefiting the natural environment which offered a pool of $40,000

·    Katikati Walkway - installation of new bridge had been completed. The existing old culvert had been eroded by daily tidal water and a bridge was seen as a more suitable replacement that would also enhance the area for users

·    Ōmokoroa Structure Plan Phase 3 - community engagement ongoing

·    Had received a submission from Opureora Marae for assistance with coastal erosion for which Council would provide the support required

Received a Long Term Plan application from Pukehinahina Charitable Trust for reserve development.

7.5    Tauranga City Council

Commissioner Shadrach Rolleston and TCC Environmental Programme Leader Infrastructure Radleigh Cairns highlighted TCC key work streams as follows:

Key Points:

·    Commissioners at TCC were currently conducting the 2021–2031 Long Term Plan Hearings

·    The Waiāri Water Supply Scheme Treatment Plant was tracking well; on time and within budget

·    Future of Three Waters consultations/workshops ongoing with tangata whenua to ensure iwi/hapū were informed

·    Working in a collective arrangement with other territorial local authorities to understand what opportunities and challenges may exist. The timeline published by central government indicated that milestone announcements would be made in June/July on the number of water entities across Aotearoa, their geographic boundaries as well as possible transitioning arrangements that may be considered

·    Record low stream levels meant that water restrictions still applied within Tauranga. The recent rain had done little to restore flow levels - restrictions remained necessary. TCC continued to collaborate with BOPRC on assessing the impacts of water levels on source water supplies

·    Work on the upgrade to the landward section of the Te Maunga Wastewater Treatment Plant outfall pipeline was about to begin. The project was placing a new 1200mm pipeline alongside the existing 600mm pipeline from the Outfall pump station to just prior to Maranui Street. This was the first stage in replacing the outfall pipeline which was in poor condition

·    A working group with both TCC staff and Matapihi community representation was being set up as a result of the community hui and Matapihi wastewater overflow that occurred in April. The group would work through options for improvements that came out of the investigations into the causes of the overflow as well as options for mitigating odour issues from the air valves opposite the kura on Matapihi Road

·    The Tauriko Industrial Pollution Prevention Audit project had recently been completed. Staff audited over 100 sites for potential impacts on the surrounding environment from stormwater and air discharges. Final recommendations would be sent to businesses and a final report prepared for follow-up on those recommendations

·    Futureproofing Cameron Road Stage One Project - was nearing detailed design completion. This would include a number of stormwater treatment options to reduce the impact of one of the city’s busiest roads on the quality of stormwater discharging to the harbour. Main construction was due to begin in September 2021

·    Feedback on progress with the Ōmokoroa to Tauranga Cycleway would be provided at the next meeting.  Advised that consultation with iwi/hapū on access matters on the eastern side of SH2 were currently taking place.

7.6    Bay of Plenty Regional Council

Cr Norm Bruning outlined BOPRC priorities as follows:

Key Points:

·    Council had completed deliberations on its Long Term Plan (LTP) which was to be formally adopted on 24th June

·    The budgets in the new LTP included funding to work on restoring harbour margin wetlands over coming years

·    Focus catchments work continued to progress well

·    Council’s contribution to the joint BOPRC, Waikato Regional Council and DOC funding of the Manaaki Kaimai Mamaku Pest Control Project would continue under the new LTP

·    Environmental Scientist Dr Josie Crawshaw was working on ecological assessments for Tauranga Harbour, to support the NPS-FM limit setting process. These involved assessments of ecological health. Josie, with the support of the Maori Policy team, planned to work with iwi/hapū to develop cultural health indicators, to be included in future State of Environment reports for the harbour

o Other elements of this science work included:

§  Establishing historical sedimentation rates in Tauranga Harbour (due July 2021)

§  Tauranga Harbour nutrient modelling (due July 2022)

·    Parts of the region were in long term soil moisture deficit and while small rain events and the winter months (with lower temperatures and higher soil moisture contents) provided some immediate respite, it was not solving the underlying lack of rain over the longer term

·    Currently at around 80% of long-term normal rainfall for 2021 and this followed two preceding years of deficits from normal.

Key Points Members:

·    In referring to the Wairoa River and other awa in the region, enquired who Council liaised with in the event a rāhui was required to address contaminated/dirty water to prevent potential illnesses.  Noted that the responsibility vested with the District Health Board.  Acknowledged that further conversation with the relevant marae would be beneficial.

 

Item for Staff Follow Up:

·    Coastal Catchments Manager to liaise with Ngāti Pūkenga representative Keepa Smallman regarding concerns relating to potential health issues in the event of dirty awa and possible mitigating actions, such as a rāhui, if required.

8.     Ngā Whakamārama Te Papa Atawhai
Conservation Update

8.1    Department of Conservation

Department of Conservation District Manager Jeff Milham provided a verbal update, outlining the following:

Key Points:

·    Jobs for Nature/Mahi mō te Taiao project progressing

·    Main focus was the Kaimai–Mamaku Ranges Forest Restoration - forest restoration project involving a partnership between DOC, iwi/hapū, BOPRC and Waikato Regional Council, and community conservation groups/organisations such as Forest and Bird across the Bay of Plenty

·    Recruitment was ongoing

·    Mahi on Kauri Protection/ambassador liaison was continuing

·    Jobs for Nature Community Conservation Fund was a one-off fund of $16 million available for practical projects aimed at restoring New Zealand's indigenous biodiversity. Applications closed in February and applicants would be notified of the funding decisions in due course

·    The 2021 Budget did not provide as much for Jobs for Nature/Mahi mō te Taiao as the 2020 Budget.  However, Kauri Protection did receive additional funding.

11:05 am - The meeting  adjourned.

11:30 am - The meeting  reconvened.

11:30 am – Cr Rose entered the meeting.

8.1

A new care Plan for Mauao and Strategy for Mauao Trust (An overview of He Korowai Ariki a Mauao 2021 - 2031)

 

Item for Staff Follow Up:

·    Item deferred to the next meeting of TMAG scheduled for 17 September 2021.

 

8.2

Asian Paddle Crab Update

Presentation - Caine Taiapa - Papaka Monitoring Update Asian Paddle Crab: Objective ID A3823778   

Caine Taiapa General Manager of cultural and environmental research at Manaaki Te Awanui, a Māori Environmental Research Group based in Tauranga Moana, provided an update on action taken to remove the invasive Asian Paddle Crab:

 

Key Points:

·    Asian Paddle Crab was a marine biosecurity issue – an aggressive non-native crab that could spread devastating disease to prawns, crabs and lobsters

·    Collective action was required

·    In collaboration with hapū kaitiaki and Manaaki Te Awanui (MTA), the National Institute of Water and Atmospheric Research (NIWA) sought to grow the relationship with tangata whenua in Tauranga Moana, and to better understand the lived experience of kaitiaki working with non-native species was

·    Sought to understand how to collaborate with and support whānau to be involved on their own terms in the future and what larger scale contexts might be shared to better enable kaitiaki to influence marine biosecurity moving forward

·    Presented a chance for all hapū kaitiaki and other whānau interested in sharing and learning what Aotearoa did to protect the moana to come together and kōrero 

·    Outlined timeline of key mahi completed by whānau in collaboration with MTA and NIWA for the kaupapa over the past four years

·    Game Plan to address the problem:

o Tangata Kaitiaki: network, support systems, resourcing

o Tools: content management system, planning, data capture, adult and juvenile traps

o Monitoring: Asian Paddle Crab adult and juvenile trapping using maramataka

o Outreach: Tangata kaitiaki and kura, communications portal, partners

·    The kaupapa, and pāpaka project in particular, enabled the bringing together of hapū from around the Tāhuna o Rangataua, and across Tauranga Moana. The wānanga and activities had travelled to many different marae and wāhi, which meant that each of the hapū, kaitiaki, whānau and marae were able to contribute their unique kōrero, experiences and knowledge to the kaupapa

·    Further information and videos were available at: https://spark.adobe.com/page/P7C6asxOH2GO9/ or https://www.facebook.com/manaakiteawanui01/

9.     Whakahoutanga Kōrero
Verbal Updates

9.1

Marine and Coastal Area Act (MACAA) Update

Tabled Document 1 - Marine and Coastal Area Act Update to TMAG: Objective ID A3834164   

BOPRC Toi Moana General Manager, Integrated Catchments Chris Ingle presented the report.

Key Point - Members:

·    The “Edwards Application” was Whakatōhea and the “Reeder Application” was Ngā Potiki.

 

Resolved

 

That the Tauranga Moana Advisory Group:

1.   Receives the report, “Marine and Coastal Area Act (MACAA) Update”.

Bruning/Rose

CARRIED

10.   Ngā Pūrongo
Reports

Ngā Whakatau e Hiahiatia Ana
Decisions Required

10.1

Tauranga Moana Advisory Group - 2021 Agenda Planner

Tabled Document 2 - He Pou a Rangi/Climate Change Commission - Key recommendations: Objective ID A3834463   

BOPRC Toi Moana General Manager, Integrated Catchments Chris Ingle presented the report.

Key Points:

·    The draft 2021 Agenda Planner for TMAG for June to December 2021 was presented to the Advisory Group for comment and feedback. The planner was flexible and input was welcome

·    Referred to “He Pou a Rangi/Climate Change Commission - Key recommendations”, a document which was circulated to members under separate cover. It provided a summary of the Climate Change Commission’s (CCC) final advice released earlier this week, laying out a roadmap for New Zealand to reduce its emissions and become carbon neutral by 2050.  Input/comment from iwi partners was invited.

Key Point - Members:

·    Climate Change Iwi Leaders Group Chair Mike Smith planned a series of hui to help communities understand how it would affect them personally. The next meeting was scheduled for Wednesday, 16 June 2021 at Hairini Marae.

12:25 am - Mr Kawe withdrew from the meeting.

 

Item for Staff Follow Up:

·    Climate Change to be added to the 2021 TMAG agenda planner.

 

Resolved

That the Tauranga Moana Advisory Group:

1       Receives the report, Tauranga Moana Advisory Group - 2021 Agenda Planner; and

2       Notes the planned activities for the Tauranga Moana Advisory Group for 2021.

Bennett/Rolleston

CARRIED

 

Hei Pānui Anake
Information Only

10.2

Tauranga Moana Coastal Margins Project

Presentation - Tauranga Moana Coastal Wetlands Project - 11 June 2021: Objective ID A3823785   

BOPRC Toi Moana Land Management Officer (Tauranga) Braden Rowson presented the report.

Key Points:

·    The report provided an overview of an initiative to create, restore and protect coastal wetlands, particularly around Tauranga Moana

·    An integral component of the planning and implementation for the project was incorporation of Matauranga Māori. This kaupapa would give effect to aspects of Tauranga Moana Iwi Management Plan 2016-2026

·    It was estimated that there were up to 1,000 hectares of drained coastal wetlands around Tauranga Moana

·    Toi Moana’s draft Long Term Plan 2021-2031 included resourcing for this kaupapa which was subject to formal adoption of the Plan, later this month

·    Highlighted the biodiversity gains

·    Recognition and enhancement of cultural values – was an opportunity for incorporation of Matauranga Māori and potential for tangata whenua partnership in respect of planning and implementation

·    Staff commenced a process to engage directly with hapū/iwi to help identify priorities within the 1,000 hectares identified as potentially appropriate for works under the programme

·    Guidance sought:

o Noting that staff had commenced an engagement process with tangata whenua, did the Forum have feedback or suggestions regarding the approach

o Whether other members of the Forum, WBOPDC and TCC, had a desire to specifically engage in the planning and implementation of the kaupapa.

12:38 am - Cr Nees withdrew from the meeting.

Key Points - Members:

·    Noted that a draft map of possible wetland sites had been developed.  However, since several sites were primarily in private ownership, this was still subject to consultation and therefore not public information as yet

·    Noted an overlap with current developments in Ōmokoroa and a possible opportunity to partner; suggested liaison with WBOPDC staff

·    Pointed out that several of the wetland sites identified for restoration/development were previously in Māori ownership and could be seen as a contribution made by iwi/hapū/whānau Māori to improve water quality and contribute to the environment

·    Emphasised the critical importance of engaging with the correct iwi/hapū/appropriate partners/landowners at all tiers/layers of affected parties. Reminded that Te Hononga Regional Māori Engagement Plan for the implementation of NPSFM (2020) was a guiding document to ensure the correct consultation process would be applied at each tier/level.  Close liaison with the Māori Policy Team to achieve synergy in consultation processes/partnerships was imperative

·    Noted that compensation could be considered

·    Reminded that central government had recently paused the process of identifying Significant Natural Areas (SNA) as part of its national roll-out plan to protect biodiversity

·    Suggested that it would be useful to have a diagram of the complete operating environment impacting on the Tauranga Moana catchment.  (A picture would provide a better understanding of the current complex space; this would assist TMAG to understand its purpose/role and synergies with other groups/committees)

·    Recent court decisions had contributed to an understanding that mana whenua was a real concept.  This had added to the reality of a sovereign existence for iwi/hapū; it was the direction in which society was heading.

 

Resolved

That the Tauranga Moana Advisory Group:

1       Receives the report, “Tauranga Moana Coastal Margins Project”.

Tawhiao/Rose

CARRIED

 

10.3

Port of Tauranga Update to Tauranga Moana Advisory Group

BOPRC Toi Moana General Manager, Integrated Catchments Chris Ingle presented the report and it was taken as read.

 

Resolved

That the Tauranga Moana Advisory Group:

1.    Receives the Report “Port of Tauranga Update to Tauranga Moana Advisory Group” dated 31 May 2021.

Thompson/Rose

CARRIED

11.   Rā Hui Whai Ake: 17 September 2021
Next Meeting Date: 17 September 2021

12.   Karakia Kati
Closing Prayer

Karakia kati was provided by Keepa Smallman.

1:21 pm – the meeting closed.

 

 

Confirmed 17 September 2021                                                         

                                                                          Cr Matemoana McDonald

Chairperson, Tauranga Moana Advisory Group


 

 

 

Report To:

Regional Council

Meeting Date:

30 September 2021

Report Authoriser:

Chairperson Doug Leeder

 

 

Chairperson's Report

 

Executive Summary

Since the preparation of the previous Chairperson’s Report (for the 12 August 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

3 August

Regional Sector meeting with Ministers David Parker and Damien O’Connor – Videoconference

Discussed Overseer.

4 August

Tangi of prominent leader and kaumātua Dr Kihi Ngatai – Mount Maunganui

Bay of Plenty Regional Council Councillors and staff attended.

5 August

Sub-regional Housing Action Plan Group Meeting – Videoconference

Discussed the acceleration fund and priority areas for the sub-region.

10 August

Meeting with Member of Parliament Todd Muller – Tauranga

Attended.

12 August

Resource Management Act Reform Insights with Ken Tremaine – Videoconference

Attended.

24 August

Regional Sector Meeting with Ministers Nanaia Mahuta and James Shaw – Videoconference

Discussed Climate Change Adaptation; the response to recent flood events in Buller and Marlborough; and significant natural areas.

26 August

Port of Tauranga Ltd Board Meeting - Videoconference

Attended.

27 August

Local Government New Zealand National Council Meeting – Videoconference

Attended.

31 August

Bay of Plenty Mayoral Forum Informal meeting with Minister Megan Woods – Teleconference

Discussed housing issues in the Bay of Plenty region.

2 September

Freshwater Implementation Group Meeting – Teleconference

Discussed landuse and sediment issues.

3 September

Regional Sector Group Meeting – Videoconference

This is covered in more detail in the following section.

6 September

Blessing of Rangiuru Business Park – Paengaroa

Given the COVID restrictions, this was a low key blessing to allow earthworks to start on 15 September. 

15 September

Freshwater Implementation Group Meeting – Wellington

Attended.

16 September

Waiu Dairy Meeting – Kawerau

Discussed Waste Water.

17 September

Meeting with Minister Kiritapu Allan – Videoconference

Discussed East Coast electoral matters.

 

SmartGrowth Leadership Group Meeting – Videoconference

Minister of Local Government Hon Nanaia Mahuta and Minister of Housing Hon Dr Megan Woods also joined the meeting.

 

3.        Matters of Potential Interest

3.1      Local Government New Zealand Regional Sector Group

The Regional Sector meeting for regional/unitary council Chairs/Mayors and Chief Executives, was held on 3 September over Zoom given the COVID lockdown. There were updates from LGNZ about engaging in the reform agenda; and sector updates on freshwater, biodiversity/biosecurity and transport. There were also presentations from:

·     Minister for the Environment Hon David Parker and Minister for the Agriculture, and Biosecurity portfolios Hon Damien O’Connor, discussed the Freshwater Reform and Overseer.

 

·     Miles Hurrell, Chief Executive, Fonterra spoke about Fonterra responding to COVID, and engaging with the Regional Sector and working together.

 

·     Bill Bayfield, Chief Executive, Taumata Arowai provided an update on  Taumata Arowai and the Water Services Bill, including where we have come from, our current state and where we are going.   

 


 

 

 

Report To:

Regional Council

Meeting Date:

30 September 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 re-set Minor Rivers and Drainage Schemes rates for 2021/22

 

 

Resetting Minor Rivers and Drainage Schemes Rates 2021/22

 

Executive Summary

This report seeks Council approval to reset the Minor Rivers and Drainage Rates for 2021/22 following public notification in Whakatāne and Ōpōtiki.

Council set 27 rates for Minor Rivers and Drainage Schemes for 2021/22 on 24 June 2021 and four corrections are required as set out in this report. Council has completed the requirements of the Local Government (Rating) Act 2002 and Council Standing Orders to enable it to reset these rates.

A minor change is also required to the Rates Funding Impact Statement in the Long Term Plan 2021-2031 and this will be made as part of this process. This did not require separate consultation.

The Minor Rivers and Drainage Rates are assessed and collected directly by Bay of Plenty Regional Council, and are due to be paid in January 2022.

 

Recommendations

That the Regional Council:

1       Receives the report, Resetting Minor Rivers and Drainage Schemes Rates 2021/22;

2       Agrees that Council has completed the requirements of the Local Government (Rating) Act 2002 and Council Standing Orders to enable Council to re-set the Minor Rivers and Drainage Schemes Rates;

3       Approves the alterations to Rates Setting 2021/22 resolution 18 adopted on 24 June 2021 for the Waiotahi River District targeted rates, Huntress Creek Drainage District targeted rates and Waiotahi Drainage District differential targeted rates set out in section 2 of this report, noting that all alterations result in lower rates being set;

4       Adopts the altered Rates Setting 2021/22 resolution 18 as follows:

18          Sets targeted rates for the Minor Rivers and Drainage Schemes. The rates are set differentially for all rateable land situated in the defined communal pumped drainage and defined minor rivers 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.

 

 

 

 

5       Approves the alterations to Rates Setting 2021/22 resolution 20 adopted on 24 June 2021 for the Minor Drainage Scheme uniform targeted rate for Omehu East set out in section 2 of this report, noting that this results in a lower rate being set;

6       Adopts the altered Rates Setting 2021/22 resolution 20 as follows:

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.


 

7       Notes that all other parts of the Rates Setting 2021/22 resolutions as set on 24 June 2021 and amended on 12 August 2021 remain unchanged.

 

1.        Introduction

On 24 June 2021, Council set 27 rates for Minor Rivers and Drainage Schemes for 2021/22. These rates are assessed and collected directly by Council, and are due to be paid in January 2022.

Council were advised that four errors were detected in which rates were set at higher levels than consulted on and directed by Council at the Long Term Plan deliberations meeting in 12 May 2021. The legal process to enable the rates to be set again required a 14 day public notice and compliance with Council Standing Orders. There was no requirement to receive or hear submissions.

The list of the affected rates is in Section 2 of this report and there is a difference of approximately $64,000. While this is a small amount relative to Council’s total rates strike, the impact on individual ratepayers with large landholdings in affected areas would have been several thousand dollars.

A minor change is required to the Rates Funding Impact Statement in the Long Term Plan 2021-2031 and this will be made as part of this process. This did not require separate consultation.

1.1      Legislative Framework

The legislative requirements for Rates are set in the Local Government (Rating) Act (LG(R)A). Section 119 outlines the requirements and process to set rates again as follows.

119        Local authority may set rates again

(1) A local authority may set a rate again in the financial year in which the rate was set.

(2) Subsection (1) applies if—

(a) the local authority determines that it is desirable to set the rate again because of—

(i) an irregularity in setting the rate; or

(ii) a mistake in calculating the rate; or

(iii) a relevant change in circumstances; and

(b) setting the rate again will not increase the amount of rates assessed to any rating unit.

(3) A local authority may set a rate again only if—

(a) it has given 14 days’ public notice of its intention to set the rate again; and

(b) it complies with the local authority’s standing orders for the revocation and alteration of resolutions.

(4) Notice under subsection (3) must include—

(a) the information in relation to the rate that was, or would otherwise have been, required to be included in the local authority’s long-term plan or annual plan; and

(b) a statement of the reason why the local authority has determined that it is desirable to set the rate again.

(5) If setting the rate again results in a change to the amount of rates to be assessed to any rating unit,—

(a) the rates record for the rating unit must be corrected as soon as practicable; and

(b) section 41 applies.

These requirement have been completed and Council may re-set the Minor Rivers and Drainage Schemes rates at this meeting.

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.

Council could choose to retain the Minor Rivers and Drainage Schemes rates as originally set, however, this level of revenue is not required and staff recommend setting the rates again at the proposed lower levels.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

 

¨ Cultural

 

¨ Social

 

þ Economic

Low - Positive

 

The Minor Rivers and Drainage Schemes rates are used to fund flood protection work, and reducing the required rates to the lower level allows ratepayers to retain a lower cost base for 2021/22 as consulted on through the Long Term Plan 2021-2031.

2.        Summary of Rates Resetting

The tables below show the four affected rates, the adopted rates and the required corrections. However the fourth table for Minor Rivers and Drainage Schemes uniform targeted rates shows only the row for Omeheu East that requires correction.

 

 

 

3.        Considerations

3.1      Risks and Mitigations

There is a reputational risk if Council chooses to set its rates higher than required and this has been mitigated by notifying the public (in Whakātane and Ōpōtiki) of our intention to reset the Minor Rivers and Drainage Schemes rates for 2021/22. Rates assessments and invoices will be issued in October 2021, which is slightly later than usual but still three months prior to the due date for payment.

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

The matters addressed in this report are of a procedural/financial nature and there is no need to consider implications for Māori, who are affected to the same extent as other ratepayers within the affected minor river scheme areas.

 

3.4      Community Engagement

 

Adobe Systems

INFORM

Whakamōhio

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

 

The affected ratepayers have already been informed of the correct Minor Rivers and Drainage Schemes rates for 2021/22. Public notices have been released in Whakatāne and Ōpōtiki to comply with requirements for re-setting rates pursuant to the LG(R)A s119.

 

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 financial implications.

 

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.

The key next steps are:

·     Minor Rivers and Drainage Schemes rates assessments and invoices released in October 2021.

·     Minor Rivers and Drainage Scheme Rates are due in January 2022 (dates unchanged)

·     Update Long Term Plan 2021-2031 Funding Impact Statement (minor amendment) and the Rates Resolutions section on Council’s website

  


 

 

 

Report To:

Regional Council

Meeting Date:

30 September 2021

Report Writer:

Paul Greenshields, Land Management Officer

Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Purpose:

Obtain council approval for the Kopurererua Stream Re-alignment Funding Agreement and signing delegation.

 

 

Focus Catchments: Kopurererua Stream Re-alignment Project

 

Executive Summary

The Kopurererua Stream is a significant source of sediment contributing to the Tauranga Harbour and is the primary source of catchment-derived sediment in the Waikareao estuary. The stream re-alignment project is key outcome for the Kopurererua Focus Catchment Action Plan. The primary objectives are to provide ecological and cultural restoration and to reduce sediment entering the Waikareao estuary.

Bay of Plenty Regional Council sits on the project management team of the Kopurererua Stream Realignment Project, with Tauranga City Council and Ngāi Tamarawaho. The regional council is also a funding partner, committing $1.3M over three years (32% of the project’s total budget). The attached funding agreement sets out the council’s financial commitment for the project.

This report recommends the approval of the Funding Agreement with Tauranga City Council and to delegate signing authority to the Chief Executive.

 

Recommendations

That the Regional Council:

1       Receives the report, Focus Catchments: Kopurererua Stream Re-alignment Project;

2       Approves the attached Funding Agreement with Tauranga City Council to implement the project, noting that it commits Council to $1,300,000 in contributions over 3 years (already provided for in the LTP) towards the $4,045,000 total project cost;

3       Delegates authority to the Chief Executive to execute the Agreement and approve the associated payments.

 

1.        Introduction

The Kopurererua Stream flows from near Ōtānewainuku south of Oropi parallel to Pyes Pā Rd (SH36), then north past Tauriko and Judea and into the Waikareao Estuary. The stream is a significant source of sediment contributing to the Tauranga Harbour and is the primary source of catchment-derived sediment in the Waikareao Estuary. This sediment is causing a detrimental effect on marine life within the harbour and estuary, and has done for decades.

The primary objective of the current project is to provide ecological and cultural restoration of the Kopurererua Valley. Restoration of the Kopurererua Valley, including realignment of the Kopurererua Stream, has been planned over the past 15 years. The current project comprises of the stream realignment and wider Kopurererua Valley development works.

Staff have worked with Tauranga City Council, Ngāi Tamarawaho and consultants to amend the scope and design of the project. This has resulted in two additional objectives being added, which are set out in the Kopurererua Focus Catchment Action Plan:

·     Reduce sediment entering the Waikareao estuary and Tauranga Harbour.

·     Improve water quality by reducing bacterial contamination within the Kopurererua Valley.

The design changes to achieve these objectives are detailed in section 2 below.

Project Team:

·     Tauranga City Council (TCC)

·     Bay of Plenty Regional Council (BOPRC)

·     Ngāi Tamarawaho

·     Tonkin and Taylor

·     Geoff Canham Consulting

·     GT Civil Ltd (earthwork contractor for the project)

The total project cost over three years is $4,045,000. Of this total, staff recommend that BOPRC approve a contribution of $1,300,000 over three years, or 32% of the total budget, to achieve the reductions in contaminants sought. This funding is already provided for in the Long Term Plan through the Coastal Catchments Activity, for this purpose.

TCC will provide the remaining $2,745,000, and will manage the contractors and consultants. The regional council contribution will be spent on the construction elements of the design which have been added principally to intercept sediment during higher than normal flows, before it reaches the harbour. The Funding Agreement sets out how regional council funding is used in the project.

1.1      Alignment with Strategic Framework

A Healthy Environment

We work cohesively with volunteers and others, to sustainably manage and improve our natural resources.

Freshwater for Life

We deliver solutions to local problems to improve water quality and manage quantity.

The Way We Work

We look to partnerships for best outcomes.

In partnership with Tauranga City Council and Ngāi Tamarawaho and through careful, detailed design, the Kopurererua Stream Re-alignment will provide water quality improvements for the Catchment and cleaner water entering Waikareao Estuary. As part of the funding agreement there is a commitment to the partnership which will see the continued success of this project.

1.1.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

High - Positive

¨ Cultural

High - Positive

¨ Social

Medium - Positive

¨ Economic

Low - Positive

 

 

2.        Project Detail

2.1      The Design

The site is located on the lower reaches of the Kopurererua Stream within the Kopurererua Valley. The stream and associated floodplain are constrained within this Valley with Takitimu Drive (SH29) to the north-west and the Tauranga Golf Club golf course to the south-east (refer Figure 1).

Figure 1 – Site map and proposed re-alignment - Kopurererua Stream Realignment - Preliminary Design

Recently the Kopurererua Valley has been retired from grazing. The retired areas of floodplain appear to be returning to a more natural wetland function.

The design includes the following elements. Figures 2 and 3 show the features that have been added to achieve the Regional Council’s objectives for the project (principally elements 3, 5, 6 and 7):

1.   A low flow channel that maintains existing base flow.

2.   Anchored wood features in the low flow channel for erosion protection and habitat enhancement.

3.   Riparian planting with indigenous sedges and rushes for the dual purpose of bank stabilisation and habitat enhancement for all aquatic species,.

4.   Enhancement of the willow wetland environments, including under-planting with indigenous woody wetland species, progressive poisoning of willows and control of reed sweetgrass.

The sediment reduction options assessment report identified the following measures for sediment reduction:

5.   A two staged channel to be engaged for all channel flows.

6.   Constructed wetlands for flows around the annual storm.

7.   Floodplain engagement of out of bank flows (2 year ARI and greater).

 

Figure 2 – Designed stream cross section showing low angle bank batter and second instream bench, planted to remove large sediment particles - T&T Kopurererua Stream Realignment - Preliminary Design Report

Figure 3 – Desgined instream habitat features and wetland/flood plain planting zones to remove fine sediment particals - T&T Kopurererua Stream Realignment - Preliminary Design Report

 

3.        Considerations

3.1      Risks and Mitigations

TCC is the lead organisation and will manage all procurement, project and contract management and risk for the project. BOPRC sits on the project team as a funding partner, guiding the project’s design and construction through the project team to ensure Focus Catchment actions for water quality and sediment reduction are met.

To mitigate any financial or project risk to BOPRC a Funding Agreement was developed, along with Term of Reference of the project team.

There are no significant risks associated with this project.

3.2      Climate Change

Mitigation

Adaptation

Reduce GHG emissions

Produce GHG emissions

Sequester carbon

Anticipate climate change impacts

Respond to climate change impacts

The removal of 100 cows from the Valley has avoided 145T of CO2 emission/year.

200,000 stems will be planted across 8ha of the flood plain and in the 3ha of constructed wetlands. These plants are predicted to sequester 35,000 tonnes of CO2 after 50 years growth, and 50,000 tonnes of CO2 after 100 years.

The methane emissions from the creation of freshwater wetlands in this project may offset a proportion of the carbon benefits above, but calculating that offset is not possible at this stage.

3.3      Implications for Māori

Ngāi Tamarawaho have worked closely with TCC for many years, developing and implementing the Reserve Management Plan for the Kopurererua Valley. This project is a key outcome for Ngāi Tamarawaho and aligns with their Hapū Management Plan priorities. The project will:

·     Enhance the Mauri of the Kopurererua Stream,

·     Improve instream habitat for the Koura, Tuna and Whitebait species.

·     Provide increased options for Mahinga Kai.

·     As part of the project delivery Ngāi Tamarawaho is being supported to develop their economic wellbeing through social procurement in civil earthworks and vegetation services.

3.4      Community Engagement

Adobe Systems

CONSULT

Whakauiuia

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

TCC, with assistance from BOPRC, publicly consulted on preliminary design for the stream re-alignment in March 2021. Public input from the information session will be considered in the detailed design process.

The project will involve a number of community planting days. These will be scheduled for winter 2023/24.

It should be noted that the Kopurererua Valley is also the site of a significant community wetland and valley restoration effort that has spanned many years, which this project will complement. Tauranga Rotarians, TECT and others have all made substantial contributions of time and funding.

3.5      Financial Implications

There are no material unbudgeted financial implications and this expenditure fits within the allocated LTP budgets.

3.5.1    Current Budget Implications

Council’s Long Term Plan includes provision of $926,000 for Focus Catchments capital projects in 2021/22, of which $700,000 is proposed for allocation to this work.

 

Budget

Actual

Forecast

Variance

Activity

$700,000

Not completed

$700,000 (fixed)

Not completed

3.5.2    Future Budget Implications


Financial Impact

 

 

 

 

 

 

 

 

 

 

 

Current
$000

2022/23
$000

2023/24
$000

2024/25
$000

2025/26
$000

2026/27
$000

2027/28
$000

2028/29 $000

2029/30 $000

2030/31 $000

Capital costs

$700

$300

$285

 

 

 

 

 

 

 

Operating Costs

 

 

$5

$5

$5

$20

$5

$5

$20

$5

The capital costs of construction are provided for in years 1-3 of the Long Term Plan 2021-31 within the Coastal Catchments Activity (Focus Catchments Programme Capital Projects). The ongoing operating costs are low as TCC will inspect and maintain all but a small portion of the assets. Provision for BOPRC’s ongoing operating costs is included within the Kopurererua Focus Catchment operating budget.

4.        Next Steps

Detailed design for the stream re-alignment is underway and the project team has engaged early with the preferred civil contractor, GT Civil Ltd. The project is looking to break ground this summer.

Attachments

Attachment 1 - Kopu Stream Realignment    


Regional Council                                                               30 September 2021

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Report To:

Regional Council

Meeting Date:

30 September 2021

Report Writer:

Kirsty Brown, Rivers and Drainage Assets Manager

Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Purpose:

Seek approval to undertake a review of the current Rivers Scheme Advisory Groups’ Terms of Reference

 

 

Review of Rivers Scheme Advisory Groups' Term of Reference

 

Executive Summary

The purpose of our four river scheme advisory groups is to provide for ratepayer input into decisions around annual maintenance operations, scheme rating, capital programme delivery, asset management and strategic planning. 

The river scheme advisory groups have enabled successful regular communication amongst Councillors, technical staff and river scheme ratepayers, including District Council elected members and technical staff.

Council adopted the current advisory group terms of reference in December 2016, following an extensive review and a consultation process with stakeholders including the previous liaison group members. The 2016 review ensured the various geographical locations in each scheme were represented at meetings. It also clarified the process for recruiting new members.

This report seeks Council’s endorsement to undertake a review of the 2016 terms of reference to:

·     Confirm the purpose of the groups remains appropriate in 2021;

·     Consider the need for iwi or manawhenua representation, on a scheme by scheme basis; and

·     Consider how the groups might assist in achieving our Long Term Plan strategic goals.

 

Recommendations

That the Regional Council:

1       Receives the report, Review of Rivers Scheme Advisory Groups' Term of Reference;

2       Agrees that a review of the River Scheme Advisory Groups is undertaken.

 

1.        Introduction

The regional council has four river scheme advisory groups, as follows:

1.   Kaituna Catchment Control Scheme Advisory Group

2.   Rangitāiki-Tarawera Rivers Scheme Advisory Group

3.   Whakatāne-Tauranga Rivers Scheme Advisory Group

4.   Waioeka-Otara Rivers Scheme Advisory Group

These groups enable effective two-way communication between representative scheme ratepayers, District Council elected members and staff, and BOPRC Councillors and staff. Because all appointed group members are required to be targeted ratepayers in the particular river scheme, these groups are a good forum for seeking ratepayer views on key scheme proposals and financial decisions. The groups are also able to advise on how best to communicate with local ratepayers.

The Terms of Reference for the advisory groups were established in December 2016 by the RD&D Committee of Council, formalising recruitment and membership arrangements, and a refresh of membership occurred after that (attachment 1). Prior to 2016 the groups were called river liaison groups and no formal terms of reference existed. Membership arrangements at that time were somewhat ad hoc.

The current Terms of Reference (TOR) for the 4 advisory groups provides for a review of the TOR at any time the Council considers circumstances warrant changes, or its community collaboration processes have altered.

The purpose of this report is to seek agreement to undertake a review of the current TOR. Attachment 1 includes the existing terms of reference established in 2016.

 

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 look to partnerships for best outcomes.

 

1.1.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

þ Cultural

Medium - Positive

þ Social

Medium - Positive

þ Economic

High - Positive

 

Our river and drainage schemes provide important, long term infrastructure which supports our community by protecting people, property and livelihoods from flooding and land drainage issues.  This is vital to community wellbeing.

 

2.        Previous Terms of Reference Review

2.1      Background

In 2009, Opus Consultants undertook a review of the river scheme ratepayer representation and recommended key improvements to the previous “Liaison Group” model to lift its effectiveness and to address concerns regarding proportional members’ representation from the scheme targeted ratepayer base. They recommended that a written Terms of Reference be developed and the name “River and Drainage Scheme Liaison Groups” be changed to “River and Drainage Scheme Advisory Groups” to better reflect the primary function the groups perform. In 2013, Opus provided further advice to address issues of targeted ratepayer representation and set out a possible way forward to enhance the liaison group approach.

Development of a River Scheme Advisory Group TOR was then put on hold for a time, at the request of Council, to allow other work on ownership and governance of rivers schemes to be investigated. Council decided to retain governance of River Schemes in-house and to modernise the ratepayer liaison groups into more fit for purpose bodies.  In December 2016, Council adopted the proposed Terms of Reference changing the name to advisory groups.

2.1.1    Group Function, Roles and Membership

The TOR provides the advisory groups with a clear scope of function and roles as well as a transparent mechanism to refresh the group’s membership. Given the 80% funding of the river scheme works by scheme targeted ratepayers, the TOR requires all members to be targeted ratepayers. The group’s roles include:

·     Represent scheme ratepayers and their views on scheme matters.

·     Provide input and make recommendations on matters relation to scheme management and operation.

·     Be the local contact for a range of potential river and drainage issues.

·     Assist Council with the dissemination of scheme information to the wider ratepayer community.

Under the existing TOR, the advisory group membership is intended to provide a broad representation of the targeted ratepayer’s interests, reflect the geographical areas and extent of the schemes, and the rating categories and classes. Council can also appoint additional members to best meet the needs of the scheme.

Group members are appointed, following a public nomination process, for a period of three years with one further right of renewal/reappointment with a maximum of six years.  We are currently in the fourth year, with the 3 year renewal/appointment having been carried out in October 2020. 

The group members represent their scheme ratepayers and the ratepayer views of scheme expenditure and priorities.  Although the group has no authority to make decisions, members input is highly valued and their views are taken into account on all scheme matters. Each group meets twice a year – March and September, normally at a venue within the river scheme boundary. 

2.1.2    Participation of Māori

A number of statutes require Councils to consult or engage with tangata whenua and to provide opportunities for participation of Māori, including the Local Government Act 2002.

The 2013 Opus report investigated iwi representation with the added consideration of treaty settlements.  At the time it was considered that Māori/iwi governance was well placed at a higher (Councillor) level and that a duplication at the advisory group level was not necessary. 

However, more recently there has been some interest from tangata whenua in the advisory groups as demonstrated with the recent Long Term Plan submission from the Ngāti Ira Hapū pointing out the lack of iwi representation on the groups (attachment 2). This has consequently resulted in an invitation and appointment of a Ngāti Ira representative onto the Waioeka-Otara Rivers Scheme Advisory Group.

Iwi interest is also demonstrated with the recent joint request from Te Uru Taumatua, the Tūhoe Iwi Authority and Te Komiti o Runa, the Rūātoki Tribal Authority seeking membership to the Whakatāne-Tauranga Rivers Scheme Advisory Group (attachment 3).

Partnership with Māori is one of the Strategic Priorities under the Long Term Plan 2021-31.  Hapū or Iwi representatives on advisory groups (if desired) would provide a partnership opportunity which would support this priority, as well as enabling the opportunity to begin to adopt more of a Te Ao Māori lens and Mātauranga Māori approach in river scheme decisions and practices.

The cultural landscape has changed since the existing TOR was adopted in 2016. Although not all iwi/hapū may want to be involved in the advisory groups, some will and it is suggested the TOR should specify this is welcomed. Equally a ‘one size fits all’ model is not appropriate - particularly where post settlement river authorities already exist, and their statutory role needs to be respected.

Where river forums have been established (e.g. Rangitāiki, Kaituna), the relationship between the river advisory group and the River Forum may need to be strengthened, to enable more effective and regular two way conversation between the advisory group and the river forum to occur. It would be desirable for the two forums to work in harmony with one another with excellent communication protocols put in place.

2.1.3    Central Government Reforms

The traditional roles and functions of local government are about to enter a period of change. The Government is currently progressing the reform of the three waters sector and the resource management system along with a number of other reform programmes that together might reshape local government to some extent.

The community flood protection and land drainage services that our river scheme advisory groups oversee are one of the core functions that the regional council delivers for its communities. It is important to be seen to be doing this well.

The river scheme advisory groups may or may not play a part in the change processes underway, but it will be necessary to keep advisory group members abreast of changes as they occur, and for the group members to have opportunities to provide advice on how the changes might affect the interests of the communities they represent.

3.        Considerations

3.1      Risks and Mitigations

The risks associated with this matter are related to the council’s current TOR being a little dated and potentially no longer being appropriate for meeting the needs of the new LTP and the strategic priorities the Council now faces. Reviewing the current TOR to adjust to these new strategic priorities will mitigate this risk.

 

3.2      Climate Change

Adaptation to climate change impacts is one of the matters the river scheme advisory groups have input into and oversight of, through the River Scheme Sustainability Programme of work run out of the council’s engineering team. Our river schemes are deeply involved in recognising and understanding the forecasted impacts of climate change for their scheme – particularly as it pertains to flood risk. These advisory groups are leading how we adapt to those impacts within a 100 year timeframe, using a staged approach. This is a work in progress.

 

3.3      Implications for Māori

Our flood protection and land drainage activity is vital to our role of providing services that assist to achieve safe and resilient communities. This includes well-being benefits for Māori and our river scheme work often supports the strong spiritual bonds Māori have to awa, whenua and the natural world. Operationally, our current environmental code of practice recognises and provides for iwi management planning and other ways of involving Māori in managing the river environment.

Council acknowledges that the relationships it has with Māori are central to the fulfilment of its statutory responsibilities and will continue to utilise a range of different mechanisms to engage with the wider Māori community and ensure their views are appropriately represented in the decision-making process. This paper is a part of that process.

 

3.4      Community Engagement

 

Adobe Systems

CONSULT

Whakauiuia

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

Any changes proposed to the Terms of Reference would need to be in consultation with current river scheme members and others who have an interest in this kaupapa. If Council approves a review, the subsequent council paper will include a consultation plan.

 

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 assuming the review does not require external consultants to be engaged, this mahi will fits within the allocated budgets for the year.

 

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.

If Council approve the review, staff will put together an amended TOR document, to provide for all the matters discussed above. This may then be workshopped by Councillors at the first practical opportunity.

River advisory group members will be invited to provide feedback on the draft new TOR, before a final draft is put to Council for approval.

 

Attachments

Attachment 1 - 2016-12-15 River Scheme Advisory Groups - Terms of Reference - Agenda Paper and Proposed Terms of Reference

Attachment 2 - SUBMISSION ID EM050 - Ngati Ira - LTP 2021-31

Attachment 3 - 2021-09-14 Letter Te Uru Taumatua and Te Komiti o Runa request for representation on Whakatāne-Tauranga River Scheme Advisory Group  

 


Regional Council                                                               30 September 2021

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Regional Council                                                               30 September 2021

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Regional Council                                                               30 September 2021

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Report To:

Regional Council

Meeting Date:

30 September 2021

Report Writer:

Jackson Efford, Principal Advisor, Land and Water

Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Purpose:

The purpose of this report is to approve a procurement approach for mangrove seedling removal services in Tauranga Moana

 

 

Procurement for Mangrove Seedling Management Services in Tauranga Moana (hand held tools only)

 

Executive Summary

The Bay of Plenty Regional Council continues to assist community groups with mangrove seedling removal work around Tauranga Moana using manual (hand-held tool) methods.

The contract with the current supplier of manual seedling control services is due to expire, and early market engagement indicates there is significant interest from both panel and non-panel suppliers to run an open procurement process to appoint a new supplier for these services.

Endorsement of the procurement approach for this work is sought from Council, with relevant details outlined in a Procurement Plan (attached).

 

Recommendations

That the Regional Council:

1       Receives the report, Procurement for Mangrove Seedling Management Services in Tauranga Moana (hand held tools only);

2       Approves the Procurement Plan for mangrove seedling management services in Tauranga Moana;

3       Approves going to market to invite proposals/quotes;

4       Delegates financial authority to the CEO to approve contracts and supplier selections up to $1,185,035 (being the funding for this work allocated in the LTP 2021-31 for the next six years), including contract variations and renewals, and appointing additional suppliers if required;

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

 

1.        Introduction

Mangroves

The mangrove Avicennia marina (australasica) or Manawa is native to New Zealand and has inhabited our coastal environments for approximately 19 million years. It is found in estuaries as far south as Kawhia Harbour on the west coast, and Ohiwa Harbour in the Bay of Plenty.

Mangroves generally occur in shallow, low energy inter-tidal areas of estuaries or harbours and their establishment and growth is part of a natural process of estuary development. They provide a buffer against coastal erosion and storm surge and are a nursery ground for juvenile fish species like short finned eel and yellow eyed mullet. They are also habitat for many native insects, birds, shellfish, snails, crabs and algae.

Mangroves have expanded considerably in the harbour over the past 100 years. Mangrove expansion in some areas has led to the loss of visual amenity and recreational access, loss of kaimoana and loss of sandflat/saltmarsh habitats.

Mangrove control in Tauranga Moana

Since the mid 2000’s, Estuary Care Groups have been removing significant numbers of mangrove seedlings by hand as a way to ‘hold the line’ on mangrove expansion throughout the harbour. Council supports community care groups to control mangrove seedlings in areas where open water, visual amenity, recreational access, and sandflat/saltmarsh habitat is valued by communities. The hand/manual method of control is permitted under the Bay of Plenty Regional Coastal Environment Plan.

Over the last three years our manual mangrove seedling control work has been successfully undertaken by a sole supplier whose contract is now due to expire. The supplier has indicated they are not seeking an extension to their contract.

Given the interest in possible new contract opportunities and the significant value of a new contract if issued over a period of three years, this paper seeks Council endorsement to run an open contestable procurement process to secure a contractor(s) for the Tauranga Moana mangrove seedling control programme.          

1.1      Legislative Framework

Our mangrove seedling removal work will be undertaken as a permitted activity under Rule DD 19 and 22 of the Bay of Plenty Regional Coastal Environment Plan. This comes with a number of permitted conditions which must be adhered with. 

1.2      Alignment with Strategic Framework

 

A Healthy Environment

We work cohesively with volunteers and others, to sustainably manage and improve our natural resources.

The Way We Work

We deliver value to our ratepayers and our customers.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

Low - Positive

¨ Cultural

Low - Positive

¨ Social

Low - Positive

¨ Economic

Low - Positive

 

 

2.        Procurement Plan

A Procurement Plan for mangrove seedling removal services has been prepared and is attached to this report. This has been developed internally by the Procurement and Land Management Team. In developing the plan, some initial market engagement was conducted, indicating there was significant interest in the work from multiple panel and non-panel suppliers to justify running an open and contestable procurement process for these services.

3.        Considerations

3.1      Risks and Mitigations

We are not aware of any significant risks associated with this proposal. An open procurement process will ensure equal opportunities are provided for all suppliers. A minor risk is that no suitable supplier will be identified in the process, or that a supplier could be appointed but later determine the work is not viable at the quoted rates. These risks will be managed if/when they arise.  

3.2      Climate Change

The matters addressed in this report are generally of a procedural nature and there is no need to consider climate change impacts. Mangroves can provide a buffer to storm surges and sea level rise associated with climate change, but this work only involves the removal of mangrove seedlings from open areas and is not related to any mature mangrove removal. In general, mangroves, along with salt marsh habitat around the estuary, are an excellent long-term carbon sink, providing a further degree of buffer against climate change.

3.3      Implications for Māori

There are no significant implications for Māori associated with this proposal. Initial market engagement has identified a combination of both iwi/hapu and non-iwi/hapu affiliated suppliers with an interest in competing for the work, justifying an open procurement process.

Consultation with tangata whenua occurred during the development of the Bay of Plenty Regional Coastal Environment Plan, under which this work is being completed.

3.4      Community Engagement

 

Specific engagement with the community is not required in this instance, as the recommended proposal relates to continuing our support to community though existing BOPRC operational activties. Furthermore work is completed under the Bay of Plenty Regional Coastal Environment Plan rules, the development of which included community consultation.

 

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.

 

Funding for this work is confirmed through the Long Term Plan, so there are no financial implications. Annual operating budget available for this work is up to $195,191.00 per annum in Year 1, increasing to $199,382.00 in Year 6 of the LTP.

 

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.

Staff will evaluate proposals/quotes and select a suitable provider(s) based on the criteria identified in the attached Procurement Plan. Seedling removal works are expected to commence in February 2022 when permitted rule conditions allow.

 

Attachments

Attachment 1 - Mangrove Seedling Management Procurement Plan  

 


Regional Council                                                               30 September 2021

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Report To:

Regional Council

Meeting Date:

30 September 2021

Report Writer:

Mark Townsend, Engineering Manager

Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Purpose:

For Council to approve the Procurement Plan for Rivers and Drainage Capital Works 2021/22

 

 

Procurement Plan for Rivers and Drainage Capital Works 2021/22

 

Executive Summary

This paper seeks approval for the Procurement Plan (Attachment 1) relating to capital works projects for 2021/22 in the Rivers and Drainage Schemes Activity as budgeted in the Long Term Plan 2021-2031.

The Council’s procurement approach is based on good practice guidance for the public sector, including social procurement consideration. The approach sees approval for the proposed method of procurement before going to the market. The proposed outcome of the procurement process is tender then engage the most appropriate contactors to undertake the physical works as required.

It is recommended that the Council delegate to the Chief Executive the authority to approve the award of any contract, and to execute the contracts with the successful tenderer for each of the projects included in the Procurement Plan provided that each tender is within its approved budget as set out in the Long Term Plan 2021-2031.

In addition, Council approval is sought for additional capital budget of $105,000 in this financial year to complete the Lake Ōkāreka Pipeline Replacement project.

 

Recommendations

That the Regional Council:

1       Receives the report, Procurement Plan for Rivers and Drainage Capital Works 2021/22;

2       Approves the attached Procurement Plan for Rivers and Drainage Capital Works 2021/22;

3       Approves going to market to invite tenders for the capital works projects as set out in the attached Procurement Plan;

4       Delegates to the Chief Executive the authority to award the contracts for each capital project, providing the tender price is within the approved capital project budgets as set out in the Long Term Plan 2021-2031;

5       Agrees to additional capital expenditure budget of $105,000 in 2021/22 which results in higher budgeted borrowings, to complete the Lake Ōkāreka Pipeline Replacement project.

 

1.        Introduction

It is recommended good practice in New Zealand for organisations to gain approval on their method of procurement before going to the market. The Council’s procurement framework is based on this good practice guidance for the public sector.

It is considered efficient to produce one procurement plan that covers the majority of the River and Drainage capital works for the coming year. This approach is adopted to support planning for the year ahead and avoid construction delays. The plan allows for approaches to market that provide for the Rangitāiki Floodway spillway, Kaituna Mole landscaping, College Road Edgecumbe floodwall reconstruction, Ngongotahā Stream civil works and catchment works.

1.1      Legislative Framework

Under the Local Government Act 2002, regional authorities are responsible for the provision and control of river scheme assets. The Council manages and maintains the River Schemes under the Soil Conservation and Rivers Control Act 1941 and in keeping with its Rivers and Drainage Asset Management Plans. These plans include levels of service that the Council provides for the community, which drive the upgrade, replacement and development of scheme assets.

1.2      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.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

þ Cultural

Low - Positive

þ Social

High - Positive

þ Economic

High - Positive


The decisions recommended in this paper support the delivery and procurement of capital projects and promote organisational efficiency.

 

2.        Procurement Planning

2.1      Rivers and Drainage Schemes Capital Works 2021/22

This report seeks approval for the Procurement Plan relating to 2021/22 Capital works projects in the Rivers and Drainage Schemes. The plan provides for the procurement of projects which are partly Government funded as part of the Climate Resilience Programme. The projects have been grouped in one Procurement Plan. The procurement plan establishes the method of engagement of suitably qualified and experienced contractors with the skills and resources necessary to carry out planned works. The plan outlines the projects covered, external funding sources, the contact type, method of procurement, the tendering process, evaluation methodology, risks associated with the procurement and roles and responsibilities.

The proposed outcome of this procurement process is to engage the most appropriate contractors to undertake the physical works, in keeping with the evaluation method.

The estimated value of the individual construction contracts contained in the procurement plan will exceed the Chief Executives delegation of $400,000. For this reason, staff recommend to Council to delegate to the Chief Executive the authority to approve the award of contract and to execute the contracts with the successful tenderers for each of the projects, provided they are within the proposed contract budget for 2021/22 and the Long Term Plan 2021-2031.

2.2      Lakes Activities Capital Works 2020/21

In September 2020 Council approved a procurement plan for the combined Rivers and Drainage and Lakes Capital Projects 2020/21. This plan included procurement of works for the Lake Ōkāreka Pipeline Replacement project which had a budget in 2020/21 of $692,000.

Lake Ōkāreka does not have a natural surface outlet - instead a gravity pipeline provides a controlled outlet to Lake Tarawera via the Waitangi Stream. The purpose of this project is to replace 290lm of pipeline. The project contract was awarded in keeping with the approved budget and to an agreed scope.

Unforeseen ground conditions were encountered while installing the pipeline. Over 170 m3 of rock excavation was required that needed specialist equipment, slowed progress and consequently incurred additional cost. The additional cost amounted to $ 112,000 with $87,000 incurred in 2020/21 and the remaining $25,000 incurred in the 2021/22 financial year.

The last stage of the project is to replace the pipeline inlet from the lake and the outlet structure into the Waitangi Stream. The 2021/22 budget provision for these is $67,065.  Unfortunately, the tender received for this was considerably over the estimate. This was due to both an alignment alteration to miss a recently identified heritage site in the Waitangi Stream and an under estimation of the cost of the outlet structure. The increase amounts to $80,000.

Consequently the above extra costs will result in an anticipated overspend. Approval is sought for additional capital funding of $105,000 in 2021/22. All going to plan, the project is scheduled for completion in October 2021.

3.        Considerations

3.1      Risks and Mitigations

 

Rivers and Drainage Capital Works 2021/22 Procurement Plan Risks and Mitigations

Risk

Mitigation

Tender prices exceed budget

Engineering Estimate

Provisions of NZS 3910:2013 Conditions of contract for building and civil engineering construction

Limited capability in the market 

Open Tender

Evaluation method

Low number of suppliers

Open Tender

GETS (Government Electronic Tender Service) used to advertise and manage the tender process

Time constraints to tender

GETS (Government Electronic Tender Service) used to advertise and manage the tender process

BOPRC Procurement Team support

Reputation risk

GETS (Government Electronic Tender Service) used to advertise and manage the tender process

BOPRC Procurement Team support

3.2      Climate Change

The aim of this section is to ensure your thinking and assumptions around climate change are explicit and to provide visibility as to how our work relates to climate change. Consider:

·   Is the initiative sensitive to climate (e.g. changes in rainfall, temperature, wind, sea-level)? If so, what are the likely impacts and how have they been accounted for?

·   In what way does the initiative relate to climate change (use the building block below to illustrate)?

·   Which of the guiding principles does the initiative encompass in relation to climate change (see the detailed guidance for information on these principles)? Provide more detail where appropriate.

Use the building block below when considering Climate Change implications.

Crtl + click for guideline material.

These projects are designed to support climate change adaptation in our communities. 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

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.

The Council has a responsibility to manage the risks posed by our major rivers, particularly those included in the council’s flood and drainage control schemes. Our Bay of Plenty Iwi have an inherent interest in the long term health and management of our rivers and waterways. The flood mitigation and environmental work encompassed by these projects are fundamentally of interest to Māori as kaitiaki and individual projects require specific engagement and consultation with Iwi partners.

 

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.

Engagement with the community is not required as the recommended proposal / decision relates to internal Council matters only. The particular projects outlined here require indiviual and specific community engagement and consultation.

 

3.5      Financial Implications

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

-   Unbudgeted work during the current financial year?

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

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

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

The Rivers and Drainage Activity capital works programme is provided for in the Long Term Plan 2021-2031. There are no budget implications associated with the adoption of the attached Rivers and Drainage Activity Capital Works Procurement Plan 2021/22.

Additional capital budget of $105,000 is sought to complete the Lake Ōkāreka Pipeline Replacement project in 2021/22. This will be funded by borrowings and recovered through internal loans, and this will have minor impacts for Rotorua Lakes targeted rates and general rates in future years.

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.

The approval of the attached Procurement Plan will allow for efficiencies in approaching the market, timely award and contract delivery commencement, provided budget requirements are met.

Capital works progress will be reported regularly through the Monitoring and Operations Committee and to the relevant river advisory groups.

The Lake Ōkāreka Pipeline Replacement project is planned for completion in October.

Attachments

Attachment 1 - Procurement Plan for 2021-22 Capital Works (R&D)   


Regional Council                                                               30 September 2021

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Report To:

Regional Council

Meeting Date:

30 September 2021

Report Writer:

Jon Jon Peters, BOP Harbourmaster/Manager; Bridget Bailey, Legal Counsel and Adrian Heays, Maritime Officer - Oil Spill Response

Report Authoriser:

Sarah Omundsen, General Manager, Regulatory Services

Purpose:

Request the appointment of a Regional On-Scene Commander and an Alternative On-Scene Commander.

 

 

Appointment of Regional On-Scene Commander and Alternative On-Scene Commander

 

Executive Summary

The purpose of this report is to request the appointment of a Regional On-Scene Commander and an Alternative On-Scene Commander to carry out oil spill response functions for the Bay of Plenty Region.

 

Recommendations

That the Regional Council:

1       Receives the report, Appointment of Regional On-Scene Commander and Alternative On-Scene Commander;

2       Appoints Scott Robinson as Regional On-Scene Commander and Derek Hartley as Alternative On-Scene Commander for the Bay of Plenty.

1.        Introduction

The purpose of this memorandum is to request that the Bay of Plenty Regional Council (Council) appoints a new Regional On-Scene Commander (ROSC) and an Alternate Regional On-Scene Commander (AROSC) for Council’s maritime oil spill response functions and powers.

1.1      Legislative Framework

The authority for managing oil spill responses is provided by the Maritime Transport Act 1994 (MTA).  This Act provides for the appointment of a Regional or alternate Regional On-Scene Commanders (OSCs) and provides them with powers to manage response activities in relation to regionally significant oil spill events.  ROSC may also be directed to act on behalf of National On-Scene Commanders (NOSC) during a nationally significant event as appropriate.  ROSC have functions to review, approve and audit oil installations and transfer sites and to coordinate regional oil spill preparedness, exercises and training.  Delegations are also provided from the Director of Maritime New Zealand to people operating in this role – such as the ability to commit expenditure on behalf of Maritime New Zealand.

Under section 318 MTA, OSCs must be suitably qualified before Council can appoint them. Appointments must also be by name (section 320 MTA) rather than being by position or role.

1.2      Alignment with Strategic Framework

 

Safe and Resilient Communities

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

It is important that Council has a robust framework and sufficient resources in place to carry out its oil spill response functions. 

The Bay of Plenty Marine Oil Spill Contingency Plan identifies any discharge of oil into coastal water as constituting a Tier II response. In the case of any Tier II (regional) response Council would have the responsibility for the operation. The oversight of the response would normally be by the ROSC or in case where a ROSC is not available, by an alternate Regional On-Scene Commander. 

The appointment of these additional OSCs will ensure that sufficient coverage is provided for staff change, new appointments, succession, and coverage for staff going on leave.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

Medium - Positive

¨ Cultural

 

¨ Social

 

¨ Economic

 

 

Appointing new OSCs will ensure there are sufficient resources for Council to act promptly and effectively in an oil spill management event.  This will have benefits to the community in minimising environmental harm.

 

2.        Appointment of ROSC and AROSCs

2.1.1    Persons to be appointed

Scott Robinson, Maritime Operations Team Leader here at Regional Council, is proposed to be appointed as a ROSC.  Scott Robinson is appropriately qualified and has been approved by the Director of Maritime New Zealand to act as ROSC until 2027.

Derek Hartley (The ROSC and Senior Emergency Management Officer at Waikato Regional Council) is proposed to be appointed as AROSC for Council.  Derek is appropriately qualified and has been approved by the Director of Maritime New Zealand to act as ROSC until 2025. Appointing an AROSC from a neighbouring region can also provide greater continuity of leadership where an oil spill in one region can flow across a regional boundary into another.

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      Implications for Māori

This is a procedural matter for Council and there are no implications for Māori.

 

3.4      Community Engagement

 

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

 

 

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.

Confirm the appointment of Scott Robinson as ROSC and Derek Hartley as AROSC for Council and approve the necessary warrants to be issued to these parties.

  


 

 

 

Report To:

Regional Council

Meeting Date:

30 September 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 the LGFA Annual Report 2020/21

 

 

Local Government Funding Agency Annual Report 2020/21

 

Executive Summary

This report is to present Council with the Local Government Funding Agency (LGFA) Annual Report for 2020/21. The LGFA benefits communities through delivering efficient financing for local government. Bay of Plenty Regional Council has an 8.3% percent shareholding in the Local Government Funding Agency.

2020-21 was a year of achievements for the LGFA with record profitability, record lending and issuance volumes, a credit rating upgrade to ‘AAA’ and CarbonZero certification. LGFA has welcomed new members and launched new products while successfully navigating the financing challenges arising from COVID-19.

LGFA total interest income for the financial year of $377.2 million was a 1.9% increase over the 2019- 20 financial year result of $370.2 million while net operating profit of $12.0 million for the financial year was a 13.0% increase over the 2019-20 financial year result of $10.6 million. Total lending reached $12.066 billion during the period, with seventy-two council members. Nine out of ten performance targets were achieved.

Andrew Mickl, Senior Manager, Credit and External Relationships will present the LGFA’s annual report 2020/21.

 

Recommendations

That the Regional Council:

1       Receives the report, Local Government Funding Agency Annual Report 2020/21;

2       Notes the Local Government Funding Agency Annual Report 2020/21

 

1.        Introduction

This report is to present Council with the LGFA’s Annual Report for 2020/21. Andrew Mickl, Senior Manager, LGFA Credit and External Relationships will present at the Council meeting including answering any questions regarding the potential borrowing/lending environment that may occur following the three waters reforms.

1.1      Legislative Framework

Bay of Plenty Regional Council has an 8.3% percent shareholding in the LGFA. The LGFA is a Council Controlled Organisation (CCO).

Section 67 of the Local Government Act 2002 requires Council Controlled Organisations to send its shareholders an annual report. For 2020/21 and 2021/22 the time limit has been extended from 30 September to 30 November.

1.2      Alignment with Strategic Framework

 

A Healthy Environment

 

Freshwater for Life

 

Safe and Resilient Communities

 

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.

The LGFA enables Bay of Plenty Regional Council to borrow funds for capital projects and for on-lending to Quayside Holdings Limited at very low rates. This promotes affordable project funding for the community and delivers cost effective financing across the wider Council Group.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

 

¨ Cultural

 

¨ Social

 

þ Economic

Low - Positive

 

The low interest rates on funds borrowed assists with keeping rates affordable. Council also receives a dividend for its shareholding in the LGFA.

2.        Annual Report 2021/21

The LGFA Annual Report for 2020/21 is provided as a supporting document for this agenda item.

The Annual Report provides specific commentary on the operation of the LGFA, and the significant positive impact it has had on the sector in reducing the cost of borrowing to rate payers. LGFA is assisting on an as required basis, both Central Government and our council members as they work through the Three Waters Reform Programme.

Highlights:

(i)   LGFA’s S&P credit rating has been upgraded to AAA (local currency) and AA+ (foreign currency).

(ii)  Net Operating Profit reached $12.0 million for the year, which was a 13% increase over the 2019/20 financial year result of $10.6 million.

(iii) Total lending to Councils was $12.066 billion as at 30 June 2021. This is an increase of $1.167 billion over the 2019/20 financial year figure of $10.899 billion.

(iv) At June 2021 total membership is now 72 of 78 councils, an increase of five.

(v)  9 of the 10 performance targets were met.

3.        Considerations

3.1      Risks and Mitigations

The credit rating upgrade represents a lower level of overall financial risk for the LGFA. Ongoing implications of three water reform on the LGFA will continue to be monitored through Council’s representative on the Shareholder’s Council.

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. The LGFA is investigating the development of green, social and sustainable financing options for councils.

 

3.3      Implications for Māori

The matters addressed in this report are of a procedural nature and there is no need to consider implications for Māori.

3.4      Community Engagement

 

Adobe Systems

INFORM

Whakamōhio

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

 

The LGFA Annual Report 2020/21 will be available to the public via Council’s and LGFA’s websites. The shareholding and borrowing from the LGFA is disclosed in Council’s Long Term Plan and Annual Reports.

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. On 30 August 2021, the LGFA Board declared a dividend payment of $856,500.00 for the 2020-21 year ($0.03426 per paid up share). This equates to $63,928.44 for Bay of Plenty Regional Council. 

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.

LGFA Annual Report will be made available via Council’s website.

Attachments

Attachment 1 - LGFA Lending to Water Entities

Attachment 2 - LGFA Board Response to Shareholder Council Request on Three Waters Entities

Supporting Document 1 - Local Government Funding Agency Annual Report 2020/21   


Regional Council                                                               30 September 2021

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Regional Council                                                               30 September 2021

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Regional Council                                                               30 September 2021

 

Item 9.8

Supporting Document 1

Local Government Funding Agency Annual Report 2020/21


 

 

 

Report To:

Regional Council

Meeting Date:

30 September 2021

Report Writer:

Zhivan Alach, Organisational Performance Manager

Report Authoriser:

Karen Aspey, Director, People & Leadership

Purpose:

To provide elected members with information about the likely effect of recent COVID-19 alert level changes on LTP performance.

 

 

COVID-19 Alert Level Changes: Implications for Performance Against LTP Goals

 

Executive Summary

New Zealand entered COVID-19 Alert Level 4 on 18 August 2021. The Bay of Plenty entered COVID-19 Alert Level 3 on 1 September 2021. The Bay of Plenty entered COVID-19 Alert Level 2 on 8 September 2021. These alert levels have affected regional council in the following ways:

·          Regulatory Services Group: Reduction in compliance monitoring, no consent site visits or cultural impact assessments, reduced data field work. Risk to achievement of compliance monitoring goal.

·          Integrated Catchments Group: Postponement of some pest control, planting programmes, alum dosing, and a number of flood control projects. Most work resuming under Alert Levels 3 or 2. Risk to achievement of regional park visitors goal.

·          Strategy and Science Group: Postponement of some discretionary policy work and refocus on priority projects. Low risk to achievement of LTP goals.

·          Strategic Engagement: Prioritisation of COVID-related communications and Partnerships with Māori impact area. Low risk to achievement of LTP goals.

·          Corporate: Supply shortages and cost escalation for property projects. Increased emphasis on COVID-19 health and safety risks. Risk to bus patronage goal.

·          People and Leadership: Postponement of some discretionary projects. Low risk to achievement of LTP goals.

At the current time, the implications of the recent alert level changes for performance against LTP performance goals are minor. However, it is possible that some effects may not yet have been realised. There is still ongoing uncertainty about the effects of COVID-19 (direct and indirect), which may necessitate further review throughout the year. The Arotake performance monitoring report for the three months ending 30 September 2021 will provide a more comprehensive picture.

 

Recommendations

That the Regional Council:

1       Receives the report, COVID-19 Alert Level Changes: Implications for Performance Against LTP Goals.

 

1.        Introduction

Regional Council has a number of performance goals (levels of service) in its Long Term Plan 2021-2031 (LTP). Achieving these goals often requires the delivery of specific services constrained by the restrictions of COVID alert levels, particularly at levels 4 and 3. The Bay of Plenty was under Alert Levels 4 and 3 from 18 August to 7 September 2021. This paper summarises, by functional group, the effect of these restrictions on performance.

Overall, it appears likely that the period of heightened restrictions will not cause failure for the majority of LTP performance goals. Much of the work that could not be conducted during Alert Levels 4 or 3 can be made up later in the year. However, in some specific areas, such as compliance inspections, regional park visitor numbers, and bus patronage, there may be a risk.

1.1      Legislative Framework

COVID-19 alert level restrictions are governed by a range of legislation, including the Health Act 1956, Epidemic Preparedness Act 2006, and Civil Defence and Emergency Management 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

As this paper addresses all work across all of Regional Council, it touches on all elements of the Strategic Framework.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Negative

þ Cultural

Low - Negative

þ Social

Low - Negative

þ Economic

Low - Negative

 

The effect of Alert Levels 4 and 3 was to slightly reduce service delivery across all aspects of Regional Council, thus creating a low-negative influence across all four well-beings.

 

 

2.        Impact on Performance by Group

2.1      Regulatory Services Group

The Regulatory Services Group implemented its business continuity plans at midnight on 17 August. These plans remain in place.

2.1.1    Data Services

This unit is responsible for the following essential services:

·   Sampling and analysis of drinking water for public safety

·   Monitoring state of environment network for public safety

·   Natural hazard event monitoring.

 

Most business as usual lab and field data services were put on hold at level 4, but restarted in a progressive manner through Alert Levels 3 and 2. Support was provided to territorial authorities to help them meet their drinking water obligations.

 

It is not anticipated that the alert level changes will constrain the ability of this unit to deliver on its LTP performance goals, specifically:

 

·   The percentage of available online real-time deliverable environmental data; and

·   The percentage of designated swimming sites monitored for recreational water quality.

2.1.2    Consents

Consent processing is a priority activity, and most parts of the consent process were capable of being undertaken by staff working from home. Where applications required site visits or cultural impact assessments impossible due to alert level restrictions, applicants were contacted to discuss putting applications on hold. Hearings involving commissioners, applicants, and submitters have been conducted virtually.

The alert level changes may result in a lower level of performance, due to the reduction in productivity of staff working from home without childcare and other supporting tools. However, it is not likely that this will be of a size to threaten the delivery of LTP performance goals, specifically:

·   The percentage of non-notified consents issued within statutory timeframe;

·   The percentage of customers who are satisfied overall with the service provided during the consent process; and

·   The number of consents overturned at appeal or judicial review where the proposal has not changed significantly between Council and court decisions.

2.1.3    Regulatory Compliance

This unit is responsible for the essential service of incident and pollution response. In addition, enforcement activities and compliance monitoring are regarded as priority services.

This unit prioritised response to discharges to water, land, and air, and prioritised compliance monitoring to high risk sites. It also maintained all monitoring report assessments, as these were able to be conducted by staff working from home.

It is anticipated that the reduction in the volume of inspections to low/medium-risk sites may have an adverse effect on delivery of one LTP performance goal, dependent on the ability of the unit to make up the missed work through the rest of the financial year. This goal is:

·   The percentage of scheduled compliance monitoring assessments conducted as per Regional Council’s annual compliance monitoring programme;

 

It is not anticipated that the alert level changes will constrain the ability of this unit to deliver on its other LTP performance goals, specifically:

 

·   The percentage of urgent complaints made to the pollution hotline that are responded to within twelve hours; and

·   The percentage of non-urgent complaints made to the pollution hotline that were responded to within three working days.

2.1.4    Maritime Operations

This unit is responsible for the essential service of responding to maritime navigational safety incidents and oil spills. Other work, such as licensing, could either be conducted by staff working from home, or was put on hold under Alert Levels 3 and 4, such as mooring audit and servicing. Four of the eleven Maritime Operations staff were rostered onto the Group Emergency Co-ordination Centre during Alert Levels 3 and 4.

It is not anticipated that the alert level changes will constrain the ability of this unit to deliver on their LTP performance goals, specifically:

 

·   The percentage of oil spills in Tauranga responded to within 30 minutes;

·   The percentage of oil spills outside Tauranga responded to within two hours;

·   The percentage of time that at least one vessel is available in each of the Tauranga, Rotorua Lakes, and Whakatāne areas to respond to maritime emergencies; and

·   The percentage of navigation aids of “good” quality or higher.

2.2      Integrated Catchments Group

2.2.1    Biosecurity

This unit has postponed some wallaby shooting and dog surveillance work. It has also postponed some work relating to the Clean Hull programme and the Tauranga Moana Biosecurity Capital Forum.

It is not anticipated that the alert level changes will constrain the ability of this unit to deliver on its LTP performance goals, specifically:

 

·   Proportion of wallaby satellite populations where wallabies are no longer detected;

·   Reduction in wallaby progressive containment area; and

·   The percentage of RPMP programmes that are on track.

2.2.2    Rivers and Drainage and Engineering

Approximately 32 minor projects were placed on hold at Alert Level 4, but many of these were able to resume at Alert Level 3 and all at Alert Level 2. In addition, the Kaituna and Rangitāiki-Tarawera Advisory Groups meetings have been postponed until October.

River scheme cross-section surveys were not able to be undertaken under Alert Levels 4 or 3, but can recommence under Alert Level 2. The Kaituna Mole refurbishment was placed on hold at Alert Level 4 [but resumed under Alert Level 3]. The Ōkāreka Pipeline Inlet/Outlet project has not yet been delayed but may be due to the sourcing of material and contractors from Auckland.

It is not anticipated that the alert level changes will constrain the ability of this unit to deliver on its LTP performance goals, specifically:

 

·   Percentage of maintenance and repairs completed in accordance with the Rivers and Drainage Asset Management Plan;

·   Percentage of renewals completed in accordance with the Rivers and Drainage Asset Management Plan; and

·   Percentage of flood warnings at pre-determined levels given in accordance with the flood warning manual.

2.2.3    Rotorua Catchments

A number of projects were placed on hold at Alert Level 4, including Lake Ōkaro alum dosing, Utuhina alum dosing pumps, Lake Ōkāreka, Mount Tarawera Acacia Control, critical source area inspections, and fencing and planting for environmental programmes.

Utuhina resumed at Alert Level 3 (when repairs were possible), while Lake Ōkaro dosing has been postponed to March 2022. Other activities have been progressively resumed at Alert Levels 3 and 2.

It is not anticipated that the alert level changes will constrain the ability of this unit to deliver on its LTP performance goal (see also Coastal Catchments), specifically:

 

·   Number of Rotorua Lakes that have reached their Trophic Level Index (TLI) based on the three-year rolling TLI.

2.2.4    Coastal Catchments

Three large restoration planting projects in the Waihī Estuary and Kaituna Catchments were put on hold under Alert Level 4 but resumed under Alert Level 3.  There have also been delays to some aspects of the Pāpāmoa Hills Upgrade Project, which may have further implications on the tender process and thus enabling work to start by the end of the year. Some pest animal baiting operations were also delayed.

Due to the significant reduction in public freedoms during Alert Level 4, it is possible that the alert level changes will constrain the ability of the unit to deliver on one of its LTP performance goals, specifically:

·   The number of visitors to regional parks.

 

However, following the last sustained lockdowns in March-April 2020, there was a significant rebound in visitor numbers, which may occur again and thus reduce risk to achievement of the goal. It is not anticipated that the alert level changes will constrain the ability of this unit to deliver on its other LTP performance goals, specifically:

 

·   The percentage of monitored river and stream sites that meet the swimmability requirements under the NPSFM (shared with Rotorua Catchments); and

·   The percentage of all identified Priority Biodiversity Sites that are actively managed (shared with Rotorua Catchments).

2.3      Strategy and Science Group

2.3.1    Environmental Strategy

Provision of data to Bay of Connections stakeholders and convening the Regional Data Group were both placed on hold. Work such as support to the Navigational Safety Bylaw review, and regional carbon sequestration was slowed down.

Priority work, notably the Sustainable Homes Scheme, Regional Cycle Network Strategy, and programme planning for the Partnerships with Māori impact area has continued.

It is not anticipated that the alert level changes will constrain the ability of this unit to deliver on its LTP performance goal, specifically:

 

·   The number of new jobs created through the support of Bay of Connections and/or Bay of Plenty Regional Council.

2.3.2    Urban and Transport Planning

This unit is responsible for the essential service of supporting the public transport operations team. During Alert Levels 4 and 3, support to the Western Bay Network Refresh (both phases one and two), Rotorua Network Refresh, Eastern Bay Network Refresh, Regional Public Transport Plan, PT Services and Infrastructure Business Case, Western Bay Joint Spatial Plan, and Plan Change 6 were prioritised.

Other work, notably input into TSP projects, ferry business case, bus decarbonisation study, regional bus fare review, Rotorua and Eastern Bay spatial planning, stakeholder engagement for travel demand management and behaviour change, advertising for the Gold Bee Card, and mobility as a service was slowed down.

2.3.3    Policy and Planning

This unit prioritised input into resource consent applications, the freshwater reform programme, PCs 9 and 13, RPS Change 5 Kaituna River, and natural hazards work.

Other work, notably policy drafting services, was slowed down. Staff will be seeking Strategy and Policy Committee feedback on 22 September 2021 as to whether they would consider postponing National Policy Statement on Freshwater Management policy changes to December 2024, rather than July 2024.

It is not anticipated that the alert level changes will constrain the ability of this unit to deliver on its LTP performance goals, specifically:

 

·   Percentage of planning and policy reports that are rated satisfactory or higher via an independent assessment process; and

·   Percentage of proposed Plan Changes and other Policy Statements agreed… without substantive changes and within agreed timeframes.

2.3.4    Science

This unit prioritised input into resource consent applications, support to the freshwater reform programme, and mātauranga development and research support. Field work, including Te Teko ground water drilling, was placed on hold.

It is not anticipated that the alert level changes will constrain the ability of this unit to deliver on its LTP performance goal, specifically:

 

·   The percentage of State of the Environment reports published.

2.4      Strategic Engagement Group

2.4.1    Communications and Community Engagement

This unit prioritised support to emergency management communications on COVID, internal communications relating to COVID, pollution event notifications, communications about governance functions, and communications relating to the delivery of emergency services.

Other work, notably face-to-face local government consultation, the Clear the Air Mount Maunganui public meeting, the Western Bay Public Transport Panel, the Kopurererua Stream wetland community group, and youth engagement was put on hold at Alert Levels 4 and 3.

It is not anticipated that the alert level changes will constrain the ability of this unit to deliver on its LTP performance goal, specifically:

 

·   The degree to which the demographics of the people that take part in formal engagement with Council is representative of the broader community affected by the issue.

 

2.4.2    Te Amorangi (Māori Policy)

This unit prioritised work on the Partnerships with Māori impact area work programme, Komiti Māori, Treaty policy advice, internal koha guidelines, and developing contracts for funding agreed through the LTP process.

A large number of business-as-usual workstreams could easily be conducted virtually through Alert Levels 4 and 3 and continued. These included the provision of strategic engagement advice, and improving the functionality of the Māori contact database. In addition, several projects including the establishment of the co-governance secretariat and kahui kaumātua group, and scoping for a Te Reo application, continued.

Other work, notably support to Smartgrowth, was placed on hold.

It is not anticipated that the alert level changes will constrain the ability of this unit to deliver on its LTP performance goal, specifically:

 

·   The number of shared decision making arrangements operationalised and supported by Council.

2.5      Corporate Group

2.5.1    Transport Operations

This unit is responsible for the essential service of running public transport services. These continued during Alert Levels 4 and 3.

Due to the significant reduction in commuting during Alert Level 4, and the reduction in commuting during Alert Level 3, it is probable that the alert level changes will constrain the ability of the unit to deliver on its LTP performance goals:

 

·   The number of public transport trips taken in the region;

·   Customer satisfaction of bus users.

2.5.2    Property

This unit prioritised continuation of the fitout for the Group Emergency Co-ordination Centre (GECC), Tauranga Waterfront Development, Kaituna field office fitout, fleet replacement including transition to electric vehicles, insurance renewals, and work on meeting annual emission reduction targets. It is anticipated that supply shortages and cost escalations will impact on the GECC fitout, that material supply shortages will impact on the Kaituna field office, and that global supply issues will affect the fleet replacement programme.

It is not anticipated that the alert level changes will constrain the ability of this unit to deliver on its LTP performance goal, specifically:

 

·   Change in total council emissions compared to prior year.

2.5.3    Governance

This unit prioritised continued delivery of council meetings and workshops, shifting them to online where possible.

It is not anticipated that the alert level changes will constrain the ability of this unit to deliver on its LTP performance goals, specifically:

 

·   Percentage of Regional Council and Committee meeting agendas for all scheduled meetings that are available at least two working days before meetings;

·   Percentage of draft Regional Council and Committee meeting minutes that are published on our website within 10 working days after the meeting;

·   Percentage of reports on Regional Council agendas that are public excluded;

·   Percentage of Regional Council and Committee meetings live streamed to members of the public via a public website.

2.5.4    Customer Service

This unit prioritised continuing response to customer contacts, work on the rates collection project, Zendesk phase two implementation, and a telephony system requirements review.

2.5.5    Risk and Assurance

This unit prioritised health and safety activities, particularly COVID-19 updates. Other work, notably internal audits, were slowed down or paused.

2.5.6    Finance

This unit prioritised treasury management, accounts payable (paying suppliers), and accounts receivable (receipting of customer electronic payments and collection of aged debtors). This unit also prioritised financial reporting for Annual Report 2020/21 (including group consolidation and preparation for external audit), in-year financial forecasting, and preparations for the 2022/23 Annual Plan workshop in November 2021, and the September 2021 workshop with elected members on rates remissions and postponements. A number of LGOIMA and media requests were also responded to.

2.6      People and Leadership Group

2.6.1    Organisational Development and People and Culture

These units prioritised payroll services, analysis of the Ask Your Team survey, scoping for a future-ready organisation that can “live with COVID” and adjust to the “future of local government”, leadership development, preparation for Te Wiki O Te Reo Māori, and internal leadership development.

A large number of business-as-usual workstreams could easily be conducted virtually through Alert Levels 4 and 3 and continued. These included planning for the Summer Experience programme, employment relations work, and the Leadership Team 360 closeout.

Other work, notably the flexible working pilot, Manager 360, peer coaching and mentoring, Te Pae Rangatira in recruitment, and specific inclusion projects was either slowed down or paused.

2.6.2    Organisational Performance

This unit prioritised performance reporting for the Annual Report, preparation for the FY22/23 Annual Plan, and management of the Community Initiatives and Environmental Enhancement funds.

Other business-as-usual workstreams, such as internal Service Plans and regular performance reporting, could easily be conducted virtually through Alert Levels 4 and 3 and continued.

Other work, notably the Community Funding Policy review, have been paused.

It is not anticipated that the alert level changes will constrain the ability of this unit to deliver on its LTP performance goals, specifically:

 

·   Percentage of completed EEF projects that have achieved their measured goals; and

·   Return on investment on EEF projects based on volunteer labour.

3.        Considerations

3.1      Risks and Mitigations

This paper has shown that the risk of the recent alert level increase significantly affecting overall achievement of LTP performance goals is low.

3.2      Climate Change

This paper does not have any implications for climate change.

 

3.3      Implications for Māori

This paper does not have any implications for Māori.

3.4      Community Engagement

This paper does not have any implications for community engagement.

3.5      Financial Implications

This paper does not have any financial implications. Council will produce a full year financial forecast as at 30 September 2021, which will incorporate the impacts of COVID-19.

4.        Next Steps

Council will receive a comprehensive performance report for the first quarter of 2021/22 (July-September 2021) as part of Arotake Tuatahi 2021/22. This will provide a more precise picture of the effect of the alert level changes on overall performance.

 

  



[1] Refer correction, Item 4 Rangitāiki River Forum Meeting Minutes 3 September 2021

[2] Refer correction, Item 4 Rangitāiki River Forum Meeting Minutes 3 September 2021