Agenda of Regional Council - Thursday, 17 February 2022

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 recorded and streamed live on Bay of Plenty Regional Council’s website 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.

Regional Council 17 February 2022

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 - 16 December 2021 2

9. Presentations

9.1 Introducing the new Toihuarewa Waimāori - Bay of Plenty Regional Council Chair in Lake and Freshwater Science: Associate Professor Deniz Ozkundakci

Presented by: Associate Professor Deniz Ozkundakci, Professor Margaret Barber and Andy Bruere – BOPRC Lakes Operations Manager

9.2 Summer Assistant Programme 2021-22 (Video)

Presented by: BOPRC Staff / Summer Assistants

10. Reports

10.1 Chairperson's Report 2

Attachment 1 - Final Independent Investigation Report into Allegations of Abuse and Ageism made by Councillor Stacey Rose against BOPRC 20 December 2021 2

Decisions Required

10.2 Public Transport Services & Infrastructure Business Case - Procurement Plan 2

Attachment 1 - CON000136 - Public Transport Business Case Procurement Plan V1.1 2

10.3 Tauranga Public Transport Joint Committee 2

Attachment 1 - Tauranga Public Transport Committee Terms of Reference - 25.01.22 2

10.4 Options for the Composition of the Navigation Safety Bylaws Review Hearings Panel 2

Attachment 1 - Options 2

Attachment 2 - Risks and Mitigations 2

10.5 Delegations and Meeting Arrangements during COVID (Omicron) Pandemic 2

Attachment 1 - BOPRC Emergency Committee Terms of Reference 2

10.6 Contribution to LGNZ Zone 2 Future for Local Government Proposal 2

Attachment 1 - Zone Two Resource Papers Proposal- December 2021 2

11. 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
11.1	Public Excluded Regional Council Minutes - 16 December 2021	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
11.2	Bridge Wharf Update	Making the information available would be likely to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; Withholding the information is necessary to protect the privacy of natural persons, including that of deceased natural persons.	48(1)(a)(i) Section 6 (a); 48(1)(a)(i) Section 7 (2)(a).	To remain in public excluded.
11.3	Papamoa Hills Upgrade Project - Progress Report	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 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)(i).	On the Chief Executive's approval.
11.4	Electricity Supply Contract	Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information.	48(1)(a)(i) Section 7 (2)(b)(ii).	To remain in public excluded.

Minutes to be Confirmed

11.1 Public Excluded Regional Council Minutes - 16 December 2021

Decisions Required

11.2 Bridge Wharf Update

11.3 Papamoa Hills Upgrade Project - Progress Report

11.4 Electricity Supply Contract

12. Public Excluded Business to be Transferred into the Open

13. Readmit the Public

14. Consideration of Items not on the Agenda

15. Closing Karakia

Regional Council Minutes

16 December 2021

Regional Council

Open Minutes

Commencing: Thursday 16 December 2021, 9.30 am

Venue: via 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 Bill Clark

Cr Stuart Crosby

Cr Kevin Winters

Cr Lyall Thurston

Cr Toi Kai Rākau Iti

Cr Paula Thompson

Cr Te Taru White

In Attendance: Fiona McTavish – Chief Executive, Mat Taylor – General Manager Corporate, Namouta Poutasi – General Manager Strategy & Science, Sarah Omundsen – General Manager Regulatory Services, Chris Ingle – General Manager Integrated Catchments; Debbie Hyland – Finance and Transport Operations Manager; Yvonne Tatton – Governance Manager;

Apologies: Cr Stacey Rose and Cr Norm Bruning (both absence), Cr Te Taru White (absence during the meeting)

Chairman’s Opening Statement

Chairman Leeder advised that the meeting was being livestreamed and recorded, and that the recording would be made available on the Bay of Plenty Regional Council website following the meeting https://youtu.be/6F5GEZyHXbc

1. Opening Karakia

A karakia was provided by Cr Te Taru White.

2. Apologies

Resolved

That the Regional Council:

1 Accepts the apologies from Cr Stacey Rose and Cr Norm Bruning (both absence), and Cr White (absence during the meeting) tendered at the meeting.

Leeder/Thurston

CARRIED

3. Reports

3.1

Annual Report 2020/21 and Annual Report Summary 2020/21 Adoption

Debbie Hyland – Finance and Transport Operations Manager provided an introduction of this item.

Audit NZ staff: Leon Pieterse – Audit Director and Anton Labuschagne – Audit Manager presented their audit opinion (via Zoom).

Key Points – Leon Pieterse and Anton Labuschagne - Audit NZ

· Advised that an unmodified audit opinion had been provided

· Revaluations within the rivers and drainage activity met with audit requirements

· Satisfied that all payments from the Toi Moana Fund met audit requirements

· Significant effort had been undertaken to ensure audit criteria were met with the change in bus patronage performance measures to utilise the Regional Intergraded Ticketing Solutions (RITS) data

· Recognised the support by Council staff in the audit of the Annual Report and acknowledged Debbie Hyland as this was her last Council meeting

Key Points - Members:

· Complemented the clear and accessible presentation of the information within the Annual Report, reflecting the significant amount of work having been undertaken in 2020/21

· Queried the high level of carry forwards identified in the report and sought assurance that project details be provided.

Key Points - Staff:

· Noted the high level of capital projects that had been delivered in the 2020/21 financial year and advised that the majority of capital project carry forwards related to projects that had been impacted/delayed by Covid

· A re-prioritised capital works programme would be presented to Council in the next Arotake Monitoring Report in 2022

· Further noted that the majority of carry forwards related to river and flooding works.

Resolved

That the Regional Council:

1 Receives the report, Annual Report 2020/21 and Annual Report Summary 2020/21 Adoption.

2 Receives the audit report and audit opinion from Audit New Zealand.

3 Adopts the Bay of Plenty Regional Council Annual Report and Consolidated Financial Statements for the year ended 30 June 2021.

4 Adopts the Bay of Plenty Regional Council Annual Report Summary for the year ended 30 June 2021.

5 Authorise the Chief Executive to make minor numerical, editorial or presentation amendments prior to the final publication.

6 Approves additional capital expenditure budget carry forward of $15.4 million from 2020/21 to 2021/22, and capital revenue budget carry forward of $4.8 million from 2020/21 to 2021/22.

7 Notes total remissions of $0.7 million were given during 2020/21, which equates to 1.2% of the general and targeted rates revenue.

Leeder/Love

CARRIED

4. Public Forum

4.1

Meg Collins and Supporters - Ōhiwa Reserves Care Group

Key Points:

· Purpose of attending today’s meeting was to draw the Councillors’ attention to an anomaly in the rules in that cattle protection/fencing was not required for waterways with intermittent water flow

· This anomaly meant cattle had access to the waterways within the Ōhiwa Reserves during high tide, leading to emitted pollutants being carried with the tide

· Regional Council was responsible for addressing and minimising pollution from wandering stock

· Considered the Ōhiwa estuary to be one of the few in the Bay of Plenty that was still in pristine condition

· Would like to see mandatory fencing on all dairy farms to prevent cattle accessing waterways.

Key Points - Members:

· Recognised the long-standing and significant effort by the Care Group.

Key Points - Staff:

· The matter of a lack of constant flow in waterways resulting in fencing not being mandatory was being addressed through the Regional Policy Statement, with the aim of rule change implementation in 2024.

5. Items not on the Agenda

Report: Establish a BOPRC/TCC Joint Committee

Resolved

That the Regional Council:

1 Accept the inclusion of the report Establish a BOPRC/TCC Joint Committee in this agenda and notes that it will be discussed at the end of the meeting

Leeder/White

CARRIED

6. Declaration of Conflicts of Interest

Agenda Item 9.7 Quayside Holdings Ltd – Statement of Expectations: Cr Stuart Crosby and Cr Te Taru White (both Directors of Quayside Holdings Ltd).

7. Minutes

Minutes to be Confirmed

7.1

Regional Council Minutes - 10 November 2021

Resolved

That the Regional Council:

1 Confirms the Regional Council Minutes - 10 November 2021 as a true and correct record.

Winters/Nees

CARRIED

7.2

Regional Council Minutes - 2 December 2021

Resolved

That the Regional Council:

1 Confirms the Regional Council Minutes - 2 December 2021 as a true and correct record.

Leeder/Thurston

CARRIED

Minutes to be Received

7.3

Ōhiwa Harbour Implementation Forum Minutes - 11 March 2021

Resolved

That the Regional Council:

1 Receives the Ōhiwa Harbour Implementation Forum Minutes - 11 March 2021.

Iti/Clark

CARRIED

7.4

Te Maru o Kaituna River Authority Minutes - 27 August 2021

Resolved

That the Regional Council:

1 Receives the Te Maru o Kaituna River Authority Minutes - 27 August 2021.

Nees/McDonald

CARRIED

7.5

Rangitāiki River Forum Minutes - 3 September 2021

Resolved

That the Regional Council:

1 Receives the Rangitāiki River Forum Minutes - 3 September 2021.

Clark/Winters

CARRIED

8. Reports - Continued

8.1

Chairperson's Report

Presented by Fiona McTavish – Chief Executive.

Key Points:

· Provided an outline of the current situation with regards to the Overseer software and noted that Overseer had become more of a farm management tool, than a regulatory tool

· Noted that alternative monitoring tools were being trialled in other areas, e.g. Hawkes Bay

· Confident that the calculations applied through Overseer for the Rotorua Lakes Incentives Scheme were reliable.

Resolved

That the Regional Council:

1 Receives the report, Chairperson's Report.

Leeder/Thurston

CARRIED

8.2

Revised Community Participation Action Plan

Presentation - Revised Community Participation Action Plan - Council 16 December 202: Objective ID A4003036

Presented by Stephanie Macdonald – Community Engagement Team Leader and Kieran Miller – Community Engagement. Advisor

Key Points:

· Provided an outline of the report and the revised Plan, which had been amended based on Elected Member’s feedback

· Presented the interactive community participation tool being trialled to encourage input and engagement when prioritising funding allocations.

Key Points - Members:

· Drew attention to the ‘Vote 22” campaign – a collaboration between LGNZ and Taituarā (nee SOLGM) to ensure consistency in messaging across New Zealand for the 2022 local authority elections

· Encouraged the introduction of story boards in public reserves to foster an understanding and connection with the environment.

Items for Staff Follow Up:

· An overview regarding existing story boards and any plans for future installations to be brought back to a future meeting of Council.

Resolved

That the Regional Council:

1 Receives the report, Revised Community Participation Action Plan.

2 Approves the attached, Revised Community Participation Action Plan

3 If required, delegates to the Strategic Engagement Director the ability to make minor changes to the Community Participation Action Plan

White/Winters

CARRIED

8.3

Review of Navigation Safety Bylaws 2017

Presented by Toni Briggs – Senior Project Manager and Sarah Omundsen – General Manager Regulatory Services.

Key Points:

· ‘Hot works’ referred to activities such as welding

· The last review of the Bylaw had identified a number of technical matters that needed to be addressed, e.g. obtaining robust safety-related data

· Harbour wardens undertook additional monitoring during the summer season

· Stakeholder feedback would always be taken into consideration, while at the same time ensuring the integrity and purpose of the Bylaw was not compromised

· Recognised the large group of stakeholders and the comprehensive engagement being undertaken as part of the review

· Was working with Council’s Legal Team to ensure any possible impacts of the Marine and Coastal Area (Takutai Moana) Act were addressed.

10.33am – Cr White withdrew from the meeting.

Key Points - Members:

· Sought inclusion of Councillors on the Hearings Panel, rather than it comprising of external Commissioners only

· Suggested a site visit to Hunters Creek as part of the review process

· Emphasised the importance of the Hearings Panel appointees having a high level of knowledge and understanding of the local/regional issues.

Items for Staff Follow Up:

· A report on options for the composition of the Hearings Panel to be presented to a future Council meeting.

Resolved

That the Regional Council:

1 Receives the report, Review of Navigation Safety Bylaws 2017

2 Agrees to the plan and timeline for review of the Navigation Safety Bylaws 2017.

Winters/Love

CARRIED

10.48am – the meeting adjourned.

11.05am – the meeting reconvened.

8.4

Consent Processing Consultants

Presented by Matthew Harrex – Consents Team Leader.

11.10am – Cr White entered the meeting.

Key Points:

· Reasoning for using consultants to process consent applications included challenges with internal capacity and conflicts of interest

· Accountability, including cost to applicants, was retained within Council, irrespective of whether or not a consultant was used

· Preference was always to process applications in-house, where possible

· Although resource consent requirements for Regional Council was quite different from that of a Territorial Authority, discussions were ongoing regarding opportunities to share resourcing and establish a ‘pool’ of approved consultants

· Recognised that all councils were under pressure to meet demand and statutory timeframes.

Key Points - Members:

· Suggested that this type of procurement could favourably be pursued via BOPLASS

· Recognised the tight statutory timeframes for processing resource consent applications and the pressure it placed on staff.

Resolved

That the Regional Council:

1 Receives the report, Consent Processing Consultants.

2 Approves the Comprehensive Procurement Plan for Planning Services

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

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

Winters/Love

CARRIED

8.5

Councillor Resignation from Co-Governance Groups

Presented by Yvonne Tatton – Governance Manager.

Key Points:

· Noted that Council was not obligated to appoint a Councillor replacement and that the positions could remain vacant.

Key Points - Members:

· As it was less than 12 months until the 2022 local authority election, it was not consider necessary to appoint a replacement.

Resolved

That the Regional Council:

1 Receives the report, Councillor resignation from co-governance groups.

2 Accepts Councillor Rose’s resignation as a Council representative member to the Rangitāiki River Forum and the Tauranga Moana Advisory Group.

3 Does not reappoint a replacement member to Rangitāiki River Forum or the Tauranga Moana Advisory Group for the remainder of the 2019-22 triennium;

4 Notes that Cr Jane Nees will become a formal member of Tauranga Moana Advisory Group, rather than the current appointment as an alternate.

Iti/Leeder

CARRIED

8.6

Quayside Holdings Limited - Statement of Expectations 2022/23

Presented by Mat Taylor – General Manager Corporate.

Key Points:

· Outlined some minor changes to the draft Statement of Expectation, ensuring appropriate referencing to Part 5 (Council-controlled organisations and council organisations) of the LGA 2002:

· Outlined the timeline from now until the delivery of the final Statement of Intent, no later than 30 June 2022.

Resolved

That the Regional Council:

1 Receives the report, Quayside Holdings Limited - Statement of Expectations 2022/23.

2 Approves the Quayside Holdings Limited Statement of Expectations and notes that this will be sent to Quayside Holdings Limited to support the preparation of their draft Statement of Intent 2022/23.

Thurston/McDonald

CARRIED

Information Only

8.7

Acting Chief Executive

Presentation - 2021 in review - Council 16 December 2021: Objective ID A4003699

https://www.youtube.com/watch?v=eTstTKjkchU – Rangitāiki Floodwalls Upgrade

Presented by Fiona McTavish – Chief Executive.

Key Points:

· Displayed two videos, outlining Council achievements in 2020/21.

Resolved

That the Regional Council:

1 Receives the report, Acting Chief Executive.

2 Appoints Namouta Poutasi, General Manager Strategy and Science, as Acting Chief Executive for the period 25 December 2021 to 10 January 2022, during a period of leave for the Chief Executive.

Thurston/Leeder

CARRIED

9. Public Excluded Section

Resolved

Resolution to exclude the public

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

Item No.	Subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Grounds under Section 48(1) for the passing of this resolution	When the item can be released into the public
9.1	Public Excluded Regional Council Minutes - 10 November 2021	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
9.2	Public Excluded Te Maru o Kaituna River Authority Minutes - 27 August 2021	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.

Leeder/Love

CARRIED

10. Consideration of Items not on the Agenda

10.1

Establish a BOPRC/TCC Joint Committee

Presented by Fiona McTavish – Chief Executive.

Key Points:

· Noted that Tauranga City Council had passed an amended resolution 2, differing from the recommendation set out in today’s report

· Discussions pertaining to Tauranga City Council’s Parking Strategy would form an integral part of the public transport planning and delivery.

Resolved

That the Regional Council:

1 Receives the report, Establish a BOPRC/TCC Joint Committee and accepts it as an Item not on the Agenda. Notes the reason why this item was not on the Agenda is that the matter was raised after the last agenda for 2021 was published, and the reason why it cannot be delayed is to enable discussions on the Terms of Reference to continue prior to the first meeting of Council in 2022.

Amended Resolution 2

2 Pursuant to clause 30(1)(b) Schedule 7 of the Local Government Act 2002, establishes a Joint Committee (name to be confirmed) of the Tauranga City Council and the Bay of Plenty Regional Council to set the strategic and operational direction for an integrated public transport system for Tauranga City.

3 Notes that the Terms of Reference for the Joint Committee will be confirmed at the first Council meeting in 2022.

4 Appoints Councillors Andrew von Dadelszen and Paula Thompson as the Bay of Plenty Regional Council’s members to the Joint Committee.

Thurston/Nees

CARRIED

11. Closing Karakia

A karakia was provided by Cr Toi Kai Rākau Iti.

11.51am – the meeting closed.

Confirmed

Chairman Doug Leeder

Chairperson, Regional Council



Report To:	Regional Council
Meeting Date:	17 February 2022
Report Authoriser:	Douglas Leeder

Chairperson's Report

Executive Summary

Since the preparation of the previous Chairperson’s Report (for the 16 December 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.

The final independent investigation report into allegations of abuse and ageism made by Councillor Stacey Rose against BOPRC is attached. The report found that the allegations against BOPRC were not substantiated. The investigator did find those regarding actions of members of the public were substantiated. BOPRC doesn’t condone any abuse by members of the public to its elected members and has no tolerance for abuse.

BOPRC will be increasing awareness of unconscious bias in its future Council professional development.

BOPRC strongly supports young people being involved in the work of Bay of Plenty Regional Council, and examples of recent initiatives are included within the Chairperson’s report.

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
8 December 2021	Meeting with Peter Vitasovich, Whakatōhea Māori Trust Board – Ōpōtiki	Spoke about Whakatōhea Mussels.
9 December 2021	Three Waters Update for Mayors, Chairs and Chief Executives – Videoconference	Attended.
14 December 2021	Breakfast meeting with Tauranga City Council Commissioner Chair Anne Tolley, and Western Bay of Plenty District Council Mayor Garry Webber - Tauranga	Attended.
14 December 2021	Tauranga Councillors Informal get-together with Tauranga City Council Commissioners – Tauranga	Attended.
15 December 2021	End of Year Bay of Plenty Regional Council Councillor’s Dinner – Tauranga	Attended.
16 December 2021	Annual Board Dinner for Port of Tauranga Ltd and Quayside Boards and Chief Executives – Tauranga	Attended.
17 December 2021	Port of Tauranga Ltd Board Meeting – Tauranga	Attended.
2 January 2022	Lake Rotoiti Community Association Annual General Meeting 2022 – Rotorua	Attended.
9 January 2022	Lake Tarawera Ratepayer’s Association Annual General Meeting 2022 – Rotorua	Attended.
18 January 2022	St John Kawerau Health Shuttle Launch – Kawerau	An event to launch a new Health Shuttle Service into Kawerua. Bay of Plenty Regional Council provided a financial contribution for the service.
19 January 2022	Local Government New Zealand Three Water Reform Advisory Group – Videoconference	An opportunity to provide strategic input and guidance, and test the LGNZ overall reform strategy.
26 January 2022	Local Government New Zealand Meeting with Mayors, Chairs and Chief Executive Officers: Preparing for an Omicron Outbreak – Videoconference	An update included from the Department of Prime Minister and Cabinet on planning for an Omicron outbreak.
3 February 2022	Local Government New Zealand Reforms Update for Mayors, Chairs and Chief Executives – Videoconference	Attended.
3 February 2022	Bay of Plenty Ag Advisory meeting – Te Puke	Attended.
4 February 2022	Local Government New Zealand Future for Local Government Workshop - Videoconference	Discussed roles and functions.

3. Independent Investigation Report into Allegations of Abuse and Ageism made by Councillor Stacey Rose against the Bay of Plenty Regional Council

The attached independent investigation report into allegations made from Councillor Rose claiming abuse and ageism was received by Council in late December. An in-depth independent investigation has found allegations made by Councillor Rose against Bay of Plenty Regional Council (BOPRC) were not substantiated.

The investigator did find those regarding actions of members of the public were substantiated. BOPRC doesn’t condone any abuse by members of the public to its elected members and has no tolerance for abuse.

BOPRC will be increasing awareness of unconscious bias in its future Council professional development.

BOPRC strongly supports young people being involved in the work of Bay of Plenty Regional Council. Examples of recent initiatives are:

· A Youth Involvement Project was established in 2021 and now has 13 “youth” members. Part of their role is to build connections and relationships between council, rangatahi and youth organisations.

· Each summer we have around 40 “summer assistants” in paid employment at the regional council. A large number of them are in tertiary education and use their time at BOPRC to gain real-life work experience.

· In 2022 a Participatory Budgeting trial will be open to educational institutes where they will have access to a $30k Hazards, Resilience & Sustainability Fund.

· BOPRC encourages young people to stand for council and will be providing information to support all potential candidates to understand the business of council and will soon launch a dedicated elections web page.

Attachments

Attachment 1 - Final Independent Investigation Report into Allegations of Abuse and Ageism made by Councillor Stacey Rose against BOPRC 20 December 2021 ⇩



Report To:	Regional Council
Meeting Date:	17 February 2022
Report Writer:	Oliver Haycock, Team Leader - Service Planning and Project Deliver
Report Authoriser:	Namouta Poutasi, General Manager, Strategy & Science
Purpose:	Approval of Public Transport Services & Infrastructure Business Case Procurement Plan

Public Transport Services & Infrastructure Business Case - Procurement Plan

Executive Summary

The Urban Form and Transport Initiative (UFTI) and the Western Bay Transport System Plan (TSP) both have identified the significant role public transport can play in helping people move about the growing sub-region and provide for a better quality of life. The Western Bay Public Transport Services and Infrastructure Single Stage Business Case is the number one priority project for the Regional Land Transport Plan (RLTP) 2021-24 and will help confirm the step change needed in public transport to meet agreed targets.

Whilst the business case is being jointly developed by Bay of Plenty Regional Council, Tauranga City Council, Waka Kotahi NZ Transport Agency and Western Bay of Plenty District Council, Regional Council is leading the early stages including procurement. Funding for the business case was approved by Waka Kotahi in September 2021. The plan is supported by partners, who are keen to progress this project.

Professional services, specifically public transport planning and business case development expertise, are required to develop the business case. A procurement plan has been prepared and due to the high complexity and value ($1M), Council approval is now sought to proceed to market.

Recommendations

That the Regional Council:

1 Receives the report.

2 Approves the Western Bay Public Transport & Infrastructure Single Stage Business Case Procurement Plan.

1. Introduction

The Western Bay Public Transport Services & Infrastructure Single Stage Business Case is identified as the number one priority project in the 2021-24 Regional Land Transport Plan (RLTP). Funding has been approved by Waka Kotahi NZ Transport Agency and the next stage is to procure professional services to develop the business case. A Procurement Plan has been prepared, in conjunction with project partners. Once the Procurement Plan is approved, the project team will then be in a position to commence the tender process and award a contract for the development of the business case.

The undertaking of this business case was included in the Transport and Urban Planning “Strategic Direction” report, which was received by the Public Transport Committee on 26 August 2021.

1.1 Legislative Framework

Regional Council’s Procurement Guide has been followed to help guide the approach to procurement and the Project Team have worked closely with the Procurement Team.

1.2 Alignment with Strategic Framework

A Vibrant Region

We lead regional transport strategy and system planning, working with others to deliver a safe and reliable public transport system.

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

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

The Way We Work

We continually seek opportunities to innovate and improve.

We look to partnerships for best outcomes.

We use robust information, science and technology.

In addition to the Regional Council’s Strategic Framework, the Western Bay Public Transport Services & Infrastructure Single Stage Business Case is identified in both the Urban Form and Transport initiative (UFTI) and the Western Bay Transport System Plan (TSP) as a key next step in helping deliver the “Connected Centres” programme.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

þ Cultural

Low - Positive

þ Social

Medium - Positive

þ Economic

Medium - Positive

· Environmental – reducing transport emissions, including greenhouse gases (carbon).

· Cultural – providing transport choices for Māori communities to access essential services, education and employment; and involving Māori in decision-making

· Social – providing sustainable transport choices and opportunities for the community (this is the main contribution to community well-being). Social benefit is the key wellbeing relevant to many public transport decisions, particularly fares and service routes and frequencies.

· Economic – improvements to economic productivity through the reduction of traffic congestion (where sufficient people change from single-occupancy cars to public transport). This is more applicable in dense urban areas.

2. Background

2.1 What the Business Case is going to address

The Western Bay of Plenty sub-region is experiencing significant population growth and this is expected to continue over the next 50+ years. With this growth comes additional transport problems such as increased congestion and journey times, if people continue to choose the use of private vehicles and the associated increased transport emissions (both local and global). The provision of a high-quality public transport system that allows people to travel when they want, to where they want, will be a game changer in the way people live. The Western Bay Public Transport Services & Infrastructure Single Stage Business will investigate how the current public transport system can be improved, and identify the infrastructure needed to support mode shift.

2.1.1 Problems & Issues

Both UFTI and the TSP have confirmed the problems of high car dependency and low mode share for public transport:

· 91% of people travel to work by car (2018 census) - this is the highest across New Zealand;

· Tauranga has the lowest levels of public transport use at 2%;

· No or limited public transport services for many people across the wider sub-region leads to continued high levels of private vehicle use; and

· High levels of greenhouse gases with road transport accounting for 97% of overall transport emissions.

These in turn lead to further community problems such as reduced accessibility, social isolation, poorer road safety outcomes, poorer health outcomes, reduced efficiency of the transport network and reduced regional productivity.

2.1.2 Outcomes Sought

The business case will investigate and prioritise investment opportunities to increase the use of public transport by improving the attractiveness of bus services relative to the private vehicle. This will be by considering changes to both the public transport services as well as the supporting infrastructure. Getting more people using public transport will lead to:

· Increased travel choice and improved accessibility for all;

· Faster, more frequent and reliable services;

· Increased bus patronage;

· Less reliance on car ownership;

· Reduced carbon emissions from transport;

· Supporting healthier built environment;

· Reduced community harm from transport;

· Supporting sustainable urban form and general intensification;

· Supporting regional economy / productivity through improved efficiency of the transport network; and

· Value for money /fare box recovery.

This business case will help deliver one of the five regional objectives as detailed in the 2021-24 RLTP – improving multi-modal access and choice with a key goal of increasing mode share for public transport and active modes within urban areas and communities to 20% by 2030.

3. Procurement Plan

3.1 Procurement Approach

The budget for the development of the business case is $1M. The complexity (scale as well as consideration of both services and infrastructure), and high value, means that the classification is confirmed as Procurement Type C. This means that a standard Procurement Plan has been prepared and the approach to the market will be:

· Single stage;

· Standard Request for Tender/Request for Proposal; and

· Open competition.

Both Tauranga City Council and Waka Kotahi, as co-funders of the business case, have been engaged with and their feedback incorporated into the Procurement Plan. The Procurement Plan is provided in Attachment 1.

3.2 Scope of Work

The Procurement Plan describes the scope of the services required, which is the delivery of a Single Stage Business Case, in line with Waka Kotahi’s business case approach, that will:

· Confirm the public transport operating service model and network to achieve UFTI and TSP model split targets;

· Use robust data to propose evidence-based investment priorities;

· Confirm infrastructure improvements needed to support the new public transport services in achieving these targets; and

· Include engagement with the community particularly around possible changes to the service network.

The Procurement Plan also highlights greater involvement by the project team throughout the development of the business case e.g. co-authoring parts of the business case where the data / evidence / expertise is held in-house. This will lead to a higher quality end product and also greater ownership of the design and implementation stages that will follow in due course.

3.3 Key Requirements

There are some key requirements that have been identified by the Project Team in relation to the professional services supplier including having:

· A strong record of delivering public transport projects. This is not a roading or general transport planning project;

· Experience of developing complex system-level business cases that meet Waka Kotahi’s requirements;

· The ability to collaborate with a broad range of stakeholders; and

· A strong approach to communications and engagement.

4. Considerations

4.1 Risks and Mitigations

The most significant risk related to the procurement process, which in turn could impact on the overall quality of the business case and outcomes from the project, is the timing / project programme.

The consultancy market has been described as “red hot”, especially for public transport specialists. There are already capacity issues being experienced by suppliers. Therefore, providing sufficient time for suppliers to tender will be important. To help manage this, an early supplier engagement session was held in late December to let the market know of this upcoming opportunity. However, it may also be worth considering delaying the start of the project to ensure the availability of expertise.

Other risks have been identified in the risk register and detailed in the Procurement Plan (page 12 of the Plan).

4.2 Climate Change

The matters addressed in this report are not sensitive to the effects of climate change. Staff have also considered the effect of the initiative on greenhouse gas emissions and recommend that there will be no effect.

The Procurement Plan seeks to avoid unnecessary consumption and demand, thereby reducing carbon emissions wherever possible throughout the development of the business case. Remote working during the pandemic has proven it does not need to impact on the quality of the business case.

However, it should be noted that, whilst the preference would be for a New Zealand based supplier, a priority for the project is to ensure the preferred supplier has the right level of expertise, experience, and availability. Therefore, suppliers based overseas are not precluded. It is expected that they would team-up with local suppliers to ensure that the business case could continue to be developed through any Covid-19 circumstances.

4.3 Implications for Māori

The procurement process has no significant implication for Maori. However the outcomes of the business case could be significant, and the Project Team has commenced initial discussions with Buddy Mikaere (TSP Iwi Advisor) with a view to liaising with the TSP Tangata Whenua Group.

Considering the needs of Maori e.g. - access to marae etc. - will be important if the project is to be successful in providing a fit for purpose public transport system for all people. There may also be land implications - e.g. for public transport hubs - hence the intention to work together with Maori from the start of the project.

Once the business case is completed, there will be opportunity for Maori to be involved in the detailed planning and design aspects of any required infrastructure.

4.4 Community Engagement

INVOLVE

Whakaura

To work directly with affected communities throughout the process to ensure that their issues and concerns are consistently understood and fully considered in Council’s decision making.

Surveys of bus users and non-bus users provide detailed information on what can be done to improve the public transport experience. There is also significant work that needs to be done to change the negative perception of public transport. Our experience of the recent Network Refresh, as well as learnings from other public transport improvement projects in New Zealand, confirm the need for genuine engagement through the development of the business case. As such, this has been identified in the Procurement Plan.

4.5 Financial Implications

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

The total project budget is $1.2M of which $1M has been allocated to the development of the business case itself. $200,000 has been allocated for an update to the public transport module of the Strategic Transport Model and for specific project related communications and engagement resource.

Of the $1.2M total, $350,000 is Regional Council’s contribution as per the Long Term Plan. The remaining contributions are $350,000 from Tauranga City Council and $500,000 from Waka Kotahi. Western Bay of Plenty District Council is a non-funding partner. A Heads of Agreement has been prepared and is currently under consideration by all parties.

5. Next Steps

Once the Procurement Plan has been approved, a Request for Proposal will be prepared and published via GETS. It is expected that the professional services contract will be awarded in late April 2022.

Attachments

Attachment 1 - CON000136 - Public Transport Business Case Procurement Plan V1.1 ⇩



Report To:	Regional Council
Meeting Date:	17 February 2022
Report Writer:	James Llewellyn, Transport & Urban Planning Manager
Report Authoriser:	Namouta Poutasi, General Manager, Strategy & Science
Purpose:	To seek adoption of the Tauranga Public Transport Joint Committee Terms of Reference

Tauranga Public Transport Joint Committee

Executive Summary

This report seeks Council adoption of Terms of Reference (ToR) that will enable setting up a joint public transport committee for the Tauranga City Council (TCC) area (hereafter referred to as the “Joint Committee”).

In December 2021 TCC Commissioners and representatives of the Bay of Plenty Regional Council (BoPRC), discussed forming a Joint Committee - so that projects being delivered by both organisations, which have a public transport component, could be jointly discussed with representatives of both organisations involved.

The role of the Joint Committee is to better integrate advice and decision making across Tauranga City Council and Bay of Plenty Regional Council. The desired outcome is that investment enables an attractive and environmentally sustainable public transport system.

The ToR for the Joint Committee is provided in Attachment 1.

Recommendations

That the Regional Council:

1. Receives the report Tauranga Public Transport Joint Committee Terms of Reference;

2. Confirms that the Joint Committee established in December 2021 by Tauranga City Council and the Bay of Plenty Regional Council (to set the strategic and operational direction for an integrated public transport system for Tauranga City) be named the Tauranga Public Transport Joint Committee;

3. Adopts the Terms of Reference for the Tauranga Public Transport Joint Committee in Attachment 1 and delegates the role and powers to, and sets the quorum for, the Joint Committee as specified therein;

4. Confirms the appointment of Commission Chair Anne Tolley as the Chairperson and Councillor Andrew von Dadelszen as the Deputy Chairperson of the Tauranga Public Transport Joint Committee;

5. Notes that these appointments for Chairperson and Deputy Chairperson, along with the associated administrative support, will be rotated between the two partner councils on an annual basis, starting with Tauranga City Council in 2022.

1. Introduction

The Urban Form and Transport Initiative (UFTI) and Tauranga Transport System Plan (TSP) together provide the strategy for transport investment across the Western Bay sub-region. The bus network is an integral part of the transport system, and there are clear targets to deliver mode shift from single occupancy private cars.

The TSP is now into its delivery phase, and both Bay of Plenty Regional Council (BoPRC) and Tauranga City Council (TCC) have identified the need for closer working on projects relevant to the public transport system.

1.1 Legislative Framework

Under the Land Transport Management Act 2003, BoPRC is responsible for producing the Regional Public Transport Plan (RPTP).

Clause 30(1)(b) Schedule 7 of the Local Government Act 2002 provides the power to appoint committees, subcommittees, other subordinate decision-making bodies, and joint committees.

1.2 Alignment with Strategic Framework

A Vibrant Region	We lead regional transport strategy and system planning, working with others to deliver a safe and reliable public transport system.
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

Medium - Positive

¨ Cultural

Low - Positive

¨ Social

High - Positive

¨ Economic

High - Positive

The Joint Committee provides BoPRC with an opportunity to further promote its public transport and sustainable development agendas.

2. Proposal to Establish a Joint Committee

2.1 Background

In December 2021 TCC Commissioners and representatives of BoPRC, discussed forming a Joint Committee - so that projects being delivered by both organisations, which have a public transport component, could be jointly discussed with representatives of both organisations involved.

Following this meeting, a paper was drafted and taken to the 16 December 2021 Regional Council meeting.

2.2 Previous Decision

At its meeting on 16 December 2021, it was resolved that the Regional Council:

· Establish a BOPRC/TCC Joint Committee.

· Pursuant to clause 30(1)(b) Schedule 7 of the Local Government Act 2002, establishes a Joint Committee (name to be confirmed) of the Tauranga City Council and the Bay of Plenty Regional Council to set the strategic and operational direction for an integrated public transport system for Tauranga City.

· Notes that the Terms of Reference for the Joint Committee will be confirmed at the first Council meeting in 2022.

· Appoints Councillors Andrew von Dadelszen and Paula Thompson as the Bay of Plenty Regional Council’s members to the Joint Committee.

2.3 Terms of Reference

In early 2021, officers from the respective councils produced a draft Terms of Reference (ToR) for the Joint Committee. Following a meeting of BoPRC councillors von Dadelszen and Thompson with TCC Commissioners Tolley and Selwood on 25 January, the draft ToR were amended and suggested changes agreed by these representatives.

The agreed ToR is provided in Attachment 1.

The Joint Committee will be chaired by Commissioner Anne Tolley; with the Deputy Chair being Councillor Andrew von Dadelszen.

3. Considerations

3.1 Risks and Mitigations

The Joint Committee has been set up to mitigate the risk of decisions being taken by separate organisations in a way that does not promote a “one-system” approach of UFTI and the TSP.

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

As with any advisory and decision making body, it will be essential for implications on Māori to be highlighted and addressed.

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

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

4. Next Steps

Following adoption of the ToR by respective Councils, the following key tasks will need to be undertaken:

· Set out procedures for reporting and approval;

· Establish the Joint Committee work programme; and

· Identify series of dates for Joint Committee meetings up until the October 2022 election.

Attachments

Attachment 1 - Tauranga Public Transport Committee Terms of Reference - 25.01.22 - PDF Version ⇩



Report To:	Regional Council
Meeting Date:	17 February 2022
Report Writer:	Toni Briggs, Senior Project Manager and Stephen Lamb, Environmental Strategy Manager
Report Authoriser:	Sarah Omundsen, General Manager, Regulatory Services
Purpose:	To provide options for the composition of the Hearings Panel for the Navigation Safety Bylaws Review

Options for the composition of the Navigation Safety Bylaws Review Hearings Panel

Executive Summary

At its meeting of 16 December 2021, Council agreed the process and timeline for the review of the Navigation Safety Bylaws 2017.

Staff proposed a two-year timeframe for the review due to the potential challenges of four legacy issues already identified at the start of the review process. As part of the decision-making on timing, Councillors asked for a report on options for the composition of a hearings panel.

Staff have developed a range of options for both the type of panel best suited for the process and the membership of that panel. The preferred options reflect a balance between a need to develop a relatively deep understanding of the issues (which may take some time) and efficient decision-making.

As the Navigation Bylaws span the whole region and deal with coastal and freshwater waterbodies, it is important that tangata whenua input into the decision-making process. Also, some of the legacy issues directly affect tangata whenua, so including a specific Te Ao Māori perspective will be important.

This also leads to a view that the panel should be recommendatory (part of the decision-making process) rather than advisory (point of view). Council isthe final decision making authority.

Staff recommend a sub-committee made up of Councillor representatives and representative members of co-governance iwi.

Recommendations

That the Regional Council:

1 Receives the report, Options for the composition of the Navigation Safety Bylaws Review Hearings Panel;

2 Agrees to staff recommendation on the type of ‘panel’;

3 Agrees to the recommended composition of the ‘panel’;

4 Proposes members of the group given the agreed options.

1. Introduction

Bay of Plenty Regional Council has a statutory role in ensuring maritime safety in its region by developing Navigation Safety Bylaws under section 33M of the Maritime Transport Act 1994. The Bay of Plenty Regional Navigation Safety Bylaws are in place to minimise the risk of fatalities, injuries, nuisance, accidents, collisions, and damage in the Bay of Plenty navigable waters.

The Local Government Act 2002 requires Council to undertake a comprehensive review of its bylaws ten years after it was last reviewed; and within a two-year time frame from that review date. Bay of Plenty Regional Council generally reviews the Bay of Plenty Regional Navigation Safety Bylaws every five years to ensure that the Bylaws reflect the most up to date legislation, latest best practice, up to date maritime regulations and rules, and current regional risks and issues.

The Bylaws were previously reviewed and revised in 2017. There are a number of minor technical amendments that staff consider should be made as soon as practicable; but more importantly, there are also some more significant issues that need to be addressed (as discussed 16 December 2021 Council meeting).

At its meeting of 16 December 2021, Council agreed to the recommended process and timeline for the review of the Navigation Safety Bylaws 2017. Councillors also requested an options paper be brought to Council in the New Year to determine the make-up of a hearings panel for the review.

This paper outlines options for a hearings panel and the rationale for recommendations.

1.1 Legislative Framework

1.1.1 The Maritime Transport Act 1994

Under section 33M of the Maritime Transport Act 1994, Regional Council is mandated to ensure maritime safety in its region and may make Bylaws for this purpose.

Maritime Rules

While the Maritime Transport Act stipulates broad principles of maritime law, the rules contain detailed technical standards and procedures. Compliance with the rules is required because they form part of New Zealand maritime law. Failure to comply with the rules may be an offence under the Act.

The maritime rules are statutory instruments (or secondary legislation) made by the Minister of Transport under the Maritime Transport Act 1994.

Maritime rules relate to the safety of ships and people. The rules prescribe requirements for ship design, construction, equipment, crewing, operation, tonnage measurement, and for the carriage of passengers and cargoes. Many of the standards are based on international ship safety conventions.

Of particular importance to Regional Councils are:

Maritime Rules – Part 90 – Pilotage

Maritime Rules Part 90 specifies compulsory pilotage areas and thresholds for pilotage. It also covers qualifications and training for pilots and pilotage exempt masters, and the issue of pilot licences and masters’ pilotage exemption certificates (PECs) by the Director of Maritime New Zealand. This is of particular importance for the Port of Tauranga.

Maritime Rules – Part 91 – Navigational Safety

Part 90 outlines navigation safety rules, specifically for personal floatation devices, anchoring and mooring, give way rules, wakes and proximity to oil tankers and ships carrying dangerous goods.

1.1.2 The Local Government Act 2002:

Regional councils make bylaws under the LGA 2002 under the general procedure for making bylaws (sections 155-161) and consult on bylaws using the special consultative procedure (section 86). Adopting a bylaw cannot be delegated by Council.

1.1.3 Marine Transport (Infringement Fees for Offences – Bay of Plenty Regional Navigation Safety Bylaws 2017) Regulations 2017:

Under section 33O of the Marine Transport Act, Regional Council can set infringement fees by Order in Council. At present we have 2017 regulations, which outlines offences under the Bay of Plenty Region Navigations Safety Bylaws 2017 and the fees applicable for those offences.

1.1.4 Other Legislation

Staff will also ensure that any other legislation that may affect the legitimacy of the new Bylaws is considered. For example, one key influence will be from the Marine and Coastal Area (Takutai Moana) Act 2011.

1.2 Alignment with Strategic Framework

Safe and Resilient Communities

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

The Maritime Operations Activity provides a 24/7 navigation safety and maritime oil spill response across the region, as required by regulations and Regional Council requirements. This involves operating an around-the-clock call centre and duty roster, administering moorings and commercial/event licences, and maintaining navigational aids, lights, and beacons around the region.

We promote navigational safety through a combination of enforcement and education and our aim is to ensure people are kept safe on the water and our maritime environments are protected from spills. The Navigation Safety Bylaws is a key component of this work.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

þ Cultural

Medium - Positive

þ Social

Medium - Positive

¨ Economic

Low - Positive

The review of the Navigation Safety Bylaws 2017 will affect the Cultural and Social well-beings directly.

2. Options

Staff have developed a range of options for both the type of ‘panel’ best suited for the process and the membership of that ‘panel’.

Despite recommending the preferred options (below), staff have still to work through the best representative approach to tangata whenua inclusion on the sub-committee.

Once Council direction has been received on the type of panel and the membership options, staff will work on a best approach for inclusive tangata whenua representation and will bring this back to Council.

Attached is the options analysis summary (Attachment 1).

2.1 Recommendations

Staff recommend a sub-committee made up of Councillor representatives and representative members of co-governance iwi. Staff recommend this option for the following reasons:

· The need for the ‘panel’ to meet on the issues to develop a relatively deep understanding, balanced with efficient decision-making. This will inevitably take time, with the eventual ‘panel’ meeting multiple times.

· The need for tangata whenua to input into the decision-making process as some of the legacy issues directly affect mana whenua – the challenge will be in getting representation right.

· As a consequence of the complexity of the legacy issues, the view is that the ‘panel’ should be closer to “decision-making” than “advisory”.

· If the legacy issues did not exist a simple Hearings panel would suffice, however, due to the complex history of the legacy issues, a more comprehensive focus is needed.

· Previous ‘panels’ have been composed of Councillors only (2004 and 2010); Commissioners only (2017).

At this early stage, representation of tangata whenua through co-governance members is considered the best option for a regional, Te Ao Māori view, whilst keeping member numbers to a practicable level.

3. Considerations

3.1 Risks and Mitigations

Please refer to the relevant analysis in the paper attached (Addendum 2).

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 Treaty principles and the partnerships upon which they are founded are an established part of our local government framework. As Treaty partners, Māori hold a unique role in shaping and contributing to regional leadership and direction.

As some of the legacy issues are of particular importance to tangata whenua it’s important to include them in the design, consultation, and decision-making process. As outlined in the Regional Policy Statement Policy IW 2B, we must recognise matters of significance for Māori [1].

3.4 Community Engagement

INVOLVE

Whakaura

To work directly with affected communities throughout the process to ensure that their issues and concerns are consistently understood and fully considered in Council’s decision making.

A detailed Communications and Engagement Plan will be developed for the Navigation Safety Bylaws Review project. This will specifically outline the pre-engagement and consultation aspects of the project.

Due to the complex nature of the legacy issues in particular, we will need to work directly with some affected stakeholders. Communication and engagement will need to use a range of consultation, engagement and involvement techniques that can be tailored for specific groups and subjects.

3.5 Financial Implications

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

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

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.

Though Panel costs do not have an overall financial impact to either rates or financial policies; the eventual option chosen above, will determine the exact cost of the Panel. For example, external Commissioners would have a higher overall cost than Councillors; the suggested higher number of panel meetings would have a higher cost than two Hearings meetings etc.

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.

Once Council agrees the preferred options above, staff will:

· Develop a framework and process for establishing tangata whenua representation in the Sub-Committee.

· Develop a process, potential timeline, and programme for the group to begin reviewing the Bylaws.

· Report back to Council about the process and seek nominations for sub-committee membership.

Attachments

Attachment 1 - Options ⇩

Attachment 2 - Risks and Mitigations ⇩



Report To:	Regional Council
Meeting Date:	17 February 2022
Report Writer:	Yvonne Tatton, Governance Manager
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	To ensure appropriate delegations and meeting arrangements are in place during COVID (Omicron) Pandemic

Delegations and Meeting Arrangements during COVID (Omicron) Pandemic

Executive Summary

Council may be required to adapt its current governance and decision making framework and delegations to ensure essential decisions are made during the Omicron and subsequent phases of the COVID pandemic.

This includes changes to meeting arrangements, committee structure and the Chief Executive’s delegations.

Recommendations

That the Regional Council:

1 Receives the report, Delegations and Meeting Arrangements during COVID (Omicron) Pandemic.

2 Reinstates the meetings emergency provisions during the Omicron phase and subsequent phases of the COVID pandemic (as adopted on 24 March 2020), which include:

· In the event that staff resourcing is impacted standing committees will be suspended with full Council attending to all urgent matters;

· In the event that Councillors are impacted and a quorum for Council meetings is compromised, the Emergency Committee will be activated.

3 Reinstates the Chief Executive’s emergency provisions delegations during the Omicron and subsequent phases of the COVID pandemic as adopted on 24 March 2020, which include:

· the Chief Executive’s financial delegation limit be set at $1 million, which will allow for any unanticipated or urgent expenditure. Any such expenditure to be reported to the Council or the Emergency Committee, dependent on the decision making structure operating at the time;

· in the event that the Chief Executive is impacted and unable to fulfil her duties, delegates the authority and powers of the Chief Executive to:

a. Mat Taylor, General Manager: Corporate as Acting Chief Executive; and

b. agrees where the delegated Acting Chief Executive is unable to fulfil such duties, the Chief Executive’s delegated authority and powers will subsequently move to the next designated General Manager/Director:

§ Chris Ingle, General Manager: Integrated Catchments;

§ Sarah Omundsen, General Manager: Regulatory Services;

§ Namouta Poutasi, General Manager: Strategy & Science;

§ Karen Aspey, Director: People & Leadership;

§ Kataraina O’Brien, Director: Strategic Engagement.

1. Introduction

As the COVID situation continues to evolve, particularly with the on-going threat of the Omicron variant, we anticipate there will be significant impact on the current governance and meeting processes of Council.

Omicron in our regional communities is highly likely, and the organisation is preparing business continuity plans to adapt to a variant which international evidence indicates has a significantly higher transmission rate than the Delta variant. Evidence shows cases doubling every two to four days and based on this, Omicron will likely spread rapidly across New Zealand and between two to four weeks, become the predominant variant.

In regards to Governance business continuity likely scenarios that may impact current business as usual include;

§ reduced number of Governance Services staff available to administer committee meetings;

§ reduced number of Councillors available to attend meetings and meet quorum requirements

§ the Chief Executive being unable to perform her duties

§ unanticipated expenditure required under urgency.

1.1 Legislative Framework

Flexibility for local government to adjust meeting process requirements under the Local Government Act 2022, during the COVID pandemic, is provided under the Epidemic Preparedness Notice, which was renewed on 18 December 2021 and expires on 18 March 2022.

1.2 Alignment with Strategic Framework

The Way We Work

We continually seek opportunities to innovate and improve.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

2. Background

2.1 COVID-19 Emergency Provisions

At the outset of COVID – 19 in 2020, Council established emergency provisions in the event business as usual governance processes were disrupted.

The emergency provisions included:

§ The ability to suspend core standing committees with all matters of priority being conducted by Council,

§ Establishing an Emergency Committee as part of the 2019-2022 Regional Council’s Governance Structure,

§ Increasing the Chief Executive’s financial delegation to allow for any unanticipated urgent expenditure during a COVID-19 emergency scenario

§ Delegating the authority and powers of the Chief Executive to other members of the Leadership Team in the event the Chief Executive is unable to fulfil her duties.

The spread of the Omicron and subsequent variants will likely have an impact on Regional Council Councillors and staff. Where the organisation’s ability to function is significantly affected it is proposed that these provisions be reinstated.

2.1.1 Meeting processes during COVID traffic light system

In normal circumstances, formal meetings are held in the Council Chambers with members present.

Under the Epidemic Preparedness Notice, Councillors may attend meetings online without affecting the meeting quorum.

During the government’s previous COVID alert level system, meetings have been held either online only (via Zoom) or a combination of in person and online depending on the circumstances and alert level at the time.

The government has now reverted to a Traffic Light system with the current setting being in the initial Red phase.

There is a preference among members to continue using the mixed model of in person and online meeting attendance ensuring government requirements for in person attendance while in the early Red phase are adhered to.

As the spread of Omicron increases in the local community further restrictions on gatherings in public spaces may change which may require all meetings to be held online only via Zoom.

2.1.2 Stepped approach to decision-making structure to ensure business continuity

During the initial phase of COVID -19 in March 2020, a Governance Services Business Continuity Plan was developed to ensure the decision making function of Council continued. It is proposed that during the spread of Omicron in our community this plan be activated.

The three-stepped scenario approach ensures the decision making function of Council continues:

Scenario 1: Ability for Councillors and staff to attend meetings in person is compromised.

Action: Councillors and staff attend meetings through either/ or a combination of virtual and in person depending on the determining circumstances at the time.

Scenario 2: The number of staff, in particular Governance Services staff impacted by COVID, affects the administrative support provided to all committees and entities under the current structure.

Action: Council suspends core standing committees with all matters of priority conducted through Council meetings only.

Scenario 3: The number of Councillors impacted by COVID does not meet quorum requirements.

Action: Through the delegated authority of the Council, the Chairman, in conjunction with the Deputy Chair, activates the Emergency Committee as identified in the BOPRC Governance Structure Terms of Reference (attachment 1).

Where the decision- making functions of Council are compromised a situation may arise where payment or procurement of urgent and unexpected work or purchase of items may be required.

2.1.3 Chief Executive’s financial delegations

In anticipation of the impact of Omicron affecting the way we work, a situation may arise where payment or procurement of unexpected work or purchase of items may be required. Council is asked to reinstate previous emergency financial delegations to enable the Chief Executive to respond immediately during these unprecedented times. Any such expenditure is communicated to the Chairman and Deputy Chair at the time and reported formally through Council or the Emergency Committee depending on the scenario.

2.1.4 Acting Chief Executive’s delegations

Where the Chief Executive is unable to undertake her responsibilities due to becoming unwell, Council is asked to approve the recommended delegation chain among the Leadership Team. The recommendation suggests a sequence in the event of the Acting Chief Executive also becoming unwell and unavailable to undertake delegated duties.

3. Considerations

3.1 Risks and Mitigations

The key risk is not having contingencies in place to ensure critical decisions are made during times when normal decision making arrangements are compromised. Having a business continuity plan and appropriate delegations in place ensures the least minimise disruption to core Council business.

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 nature and therefore has no implications for Māori.

3.4 Community Engagement

The public will be informed of any change made to the Council decision making structure and meeting processes through the Council’s website.

3.5 Financial Implications

There are no foreseen current year and future budget implications in relation to changes to emergency governance requirements or the Chief Executive’s delegation arrangements in response to anticipated Omicron precautions.

4. Next Steps

Dependent on scenario that arises and on the direction of the Chief Executive, the relevant action will be communicated to Councillors and staff, and the public will be notified via the Regional Council’s website.

Attachments

Attachment 1 - BOPRC Emergency Committee Terms of Reference ⇩



Report To:	Regional Council
Meeting Date:	17 February 2022
Report Writer:	Yvonne Tatton, Governance Manager
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	To approve financial contribution to Zone 2’s Future for Local Government submission proposal

Contribution to LGNZ Zone 2 Future for Local Government Proposal

Executive Summary

Council is asked to consider a financial contribution to two pieces of work being undertaken to compliment the work of LGNZ and Taituarā in supporting councils in their engagement with the future for Local Government Panel this year.

Recommendations

That the Regional Council:

1 Receives the report, Contribution to LGNZ Zone 2 Future for Local Government Proposal;

2 Agrees to participate in the LGNZ Zone 2 Future for Local Government proposal and approves equal cost sharing of up to $4,000.

1. Introduction

The Future for Local Government Review is now in its second stage of developing a report for the local Government Minister. The Review Panel is gathering information and views on the five priority questions rising from their interim report released in October 2021. This will shape their draft findings and recommendations during this stage.

The five priority questions in the Interim Report are:

1. How should the system of local governance be reshaped so it can adapt to future challenges and enable communities to thrive?

2. What are the future functions, roles and essential features of New Zealand’s system of local government?

3. How might a system of local governance embody authentic partnership under Te Tiriti o Waitangi, creating conditions for shared prosperity and wellbeing?

4. What needs to change so local government and its leaders can best reflect and respond to the communities they serve?

5. What should change in local governance funding and financing to ensure viability and sustainability, fairness and equity, and maximum wellbeing?

LGNZ Zone 2 membership comprises of councils across the upper middle North Island. Members have actively participated in discussions on local government’s future and agreed to commission some work to assist participating councils in their engagement with the Review Panel in 2022.

1.1 Alignment with Strategic Framework

The Way We Work

We look to partnerships for best outcomes.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

¨ Social

¨ Economic

The future for local government review affects all aspects of community wellbeing.

2. LGNZ Zone 2 proposal

Throughout 2021 Zone 2 members have actively engaged in discussions on local government’s role and relationship with their communities and central government in the future.

At the last Zone 2 meeting in October 2021, it was agreed that Zone 2 commission two pieces of work to support councils’ discussions in further engagement with the Review Panel, as well as provide local government with further critical thinking documents alongside those undertaken by LGNZ and Taituāra. Members agreed on an “opt-in” basis with costs shared among participating councils.

Peter McKinlay has been engaged to develop two resource papers as identified in the proposal (Attachment 1).

· an analytical framework, proposing that local government is the gateway between local communities and central government;

· and local government as a strengthening of communities drawing in work that Rob Williams from Waikato Shared Services (WLASS) is leading relating to assessing community needs and experiences of local and central government partnerships in meeting these needs.

It is expected the work will be completed in February 2022.

To date 13 councils have opted in with an equal cost share of $3,917 +GST.

3. Considerations

3.1 Risks and Mitigations

There are no significant risks associated with supporting this initiative.

3.2 Climate Change

While the content of the work undertaken may reflect on local government’s role in 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 future for local government review has significant impact for Māori with the Review Panel engaging at an iwi level across the country. The outcome of the work undertaken may provide Māori with insight in how local government sees itself and its role and relationship with community and Māori in the future.

3.4 Community Engagement

INFORM

Whakamōhio

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

The two pieces of work commissioned by the participating Zone 2 membership can be made available on our website.

3.5 Financial Implications

While the cost of contributing to Zone 2’s proposal is unbudgeted the amount can be absorbed in the Governance Services current budget due to savings in other areas.

4. Next Steps

The Review Panel is scheduled to meet with Bay of Plenty Regional Councillors on Tuesday 1 March 2022 in Tauranga.

Attachments

Attachment 1 - Zone Two Resource Papers Proposal- December 2021 ⇩

[1] Policy IW 2B: Recognising matters of significance to Māori Proposals which may affect the relationship of Māori and their culture and traditions must: (a) Recognise and provide for: (i) Traditional Māori uses and practices relating to natural and physical resources such as mahinga mātaitai, waahi tapu, papakāinga and taonga raranga; (ii) The role of tangata whenua as kaitiaki of the mauri of their resources; (iii) The mana whenua relationship of tangata whenua with, and their role as kaitiaki of, the mauri of natural resources; (iv) Sites of cultural significance identified in iwi and hapū resource management plans; and 3 I.e., land in multiple ownership under Te Ture Whenua Māori Land Act 1993. 4 In this context, “sustainable development” means development that achieves the purpose and principles of the Act. Bay of Plenty Regional Policy Statement – Updated 9 October 2018 161 (b) Recognise that only tangata whenua can identify and evidentially substantiate their relationship and that of their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga. Explanation All persons exercising functions and powers under the Act are required to recognise and provide for the relationship of Māori and their culture and traditions, with their ancestral lands, water, sites, waahi tapu, and other taonga as a matter of national importance. Pukenga, experts recognised by iwi and hapū in accordance with tikanga Māori, have the knowledge and mana to assess the importance of values and places to Māori. In addition, the Act requires all persons exercising functions and powers under the Act, in relation to managing the use, development and protection of natural and physical resources, to have particular regard to kaitiakitanga. An important role for kaitiaki is to safeguard the mauri of their natural resources for the benefit of future generations, by ensuring that those resources are sustainably managed. Only tangata whenua can identify their relationship with their special places. Those relationships must be substantiated for evidential purposes by pūkenga, kuia and/or kaumātua. Tangata whenua who have lived in an area for a long time can express their association with places that are special to them. When consistent assessment criteria (e.g. those in Appendix F sets 4 and 5) are applied by tangata whenua through their pūkenga, kuia and/or kaumātua who have the specialist or technical knowledge necessary to apply those criteria, they should reach a similar conclusion. In the event that the conclusions are different, decision makers must weigh the evidence. Once pūkenga or persons who have the specialist or technical knowledge necessary to apply the criteria have assessed an historic heritage resource or Māori cultural relationships and values, decisions about their management are not predetermined; decision makers must still exercise judgement. Table reference: Objectives 16, 17, 18, 21, 22 and 37, Methods 3, 8, 11, 12, 26, 27, 39, 41, 42, 43, 44, 46, 48, 49, 55, 57, 64 and 65