Regional Council Agenda for Hearings on Statements of Proposal Submissions

NOTICE IS GIVEN that the next meeting of the Regional Council will be held in Regional House Chambers, 1 Elizabeth Street, Tauranga and via Zoom (Audio Visual Meeting) on:

Tuesday 17 May 2022 COMMENCING AT 9.30am

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. Bay of Plenty Regional Council - YouTube

 

Fiona McTavish

Chief Executive, Bay of Plenty Regional Council Toi Moana

10 May 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.

 


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                                                                              17 May 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.      Schedule of Speakers

A schedule of speakers will be provided closer to the date of the meeting. Seven submitters have indicated they wish to speak, mainly via Zoom.

8.      Reports

Information Only

8.1      Hearing of Submissions on Statements of Proposal.                                                  1

Attachment 1 - Submissions on Fees and Charges Policy                                                         1

Attachment 2 - Submissions on Revenue and Financing Policy                                                      1

Attachment 3 - Submissions on Rates Remissions Policy                                                                        1

Attachment 4 - Submissions on Joining Regional Shared Service CCO                                               1

Attachment 5 - Submission from Tauranga Business Chamber                                                  1

Supporting Document 1 - Jon Turner submission addendum

Supporting Document 2 - Jon Turner record of communications with BOPRC

Supporting Document 3 - Jon Turner Consent Conditions

9.      Consideration of Items not on the Agenda

10.    Closing Karakia


 

 

 

Report To:

Regional Council

Meeting Date:

17 May 2022

Report Writer:

Mark Le Comte, Principal Advisor, Finance and Matthew Searle, Corporate Planner

Report Authoriser:

Mat Taylor, General Manager, Corporate

Sarah Omundsen, General Manager, Regulatory Services

Purpose:

For Councillors to receive and hear submissions

 

 

Hearing of Submissions on Statements of Proposal.

 

Executive Summary

Council adopted four Statements of Proposal for public consultation from 4 April to 4 May 2022. These were:

·     Fees and Charges Policy

·     Revenue and Financing Policy

·     Rates Remissions and Postponement Policy

·     Joining Regional Shared Service Council Controlled Organisation

This paper presents the submissions that were received as part of the public consultation process. Those submitters that chose to be present their views directly to Council are scheduled to present at the 17 May 2022 Council Meeting which provides Councillors with the opportunity to ask any clarifying questions.

After consideration of all submissions, decisions on the key matters in the Statements of Proposal are scheduled to be considered at the 18 May 2022 Council Meeting.

In addition, Council has received one submission of a more general nature from the Tauranga Business Chamber. While this is not strictly related to the Statements of Proposal, it is efficient to hear from this submitter at the same time.

 

Recommendations

That the Regional Council:

1       Receives the report, Hearing of Submissions on Statements of Proposal.

 

1.        Introduction

Council adopted four Statements of Proposal for public consultation from 4 April to 4 May 2022. These were:

•   Fees and Charges Policy (submissions in attachment 1 and addendums to a submission as supporting documents 1-3)

•   Revenue and Financing Policy (submissions in attachment 2)

•   Rates Remissions and Postponement Policy (submissions in attachment 3)

•   Joining Regional Shared Service Council Controlled Organisation (submissions in attachment 4)

Consideration of submissions is a two-step process. Firstly, Councillors should read all submissions and hear from submitters that chose to present their views verbally. This is the purpose of the Council Meeting on 17 May 2022. Secondly, Council needs to decide on the appropriate Policy settings based on consideration of all submissions and other relevant factors. This second step is part of the Council Meeting on 18 May 2022.

In addition, Council has received one submission of a more general nature from the Tauranga Business Chamber (attachment 5). This submission covers topics such as:

·     Use of the Port dividend

·     Future of Bay of Connections, and

·     The delivery entity for Passenger Transport.

While this is not strictly related to the Statements of Proposal and could be heard as part of the public forum at any Council Meeting, including this presentation at the 17 May meeting appears to be the most efficient option.

1.1      Legislative Framework

Consultation on the four Statements of Proposal is being conducted under the Local Government Act section 82 Principles of Consultation and 83 Special Consultative Procedure. The submissions period has closed and the submissions are attached for Council consideration.

1.2      Alignment with Strategic Framework

 

A Healthy Environment

Freshwater for Life

Safe and Resilient Communities

A Vibrant Region

The Way We Work

We look to partnerships for best outcomes.

Public consultation and consideration of community views is an important part of Policy development.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

 

þ Cultural

Low - Positive

þ Social

Low - Positive

þ Economic

Low - Positive

 

 

2.        Considerations

2.1      Risks and Mitigations

 

2.2      Climate Change

The proposed Sustainable Homes Targeted Rate contributes towards energy efficiency and reduction of greenhouse gas emissions.

 

2.3      Implications for Māori

Māori have had the opportunity to provide submissions on the Statements of Proposal.

2.4      Community Engagement

 

Adobe Systems

CONSULT

Whakauiuia

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

 

This paper, the attached submissions, and people who wish to be heard are the result of the consultation process that has been undertaken.

2.5      Financial Implications

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

3.        Next Steps

Council will be asked to deliberate on the key decisions required for each Statement of Proposal at the 18 May Council meeting. Following those decisions, staff will prepare final draft Policies for adoption with Annual Plan 2022/23.

 

Attachments

Attachment 1 - Submissions on Fees and Charges Policy

Attachment 2 - Submissions on Revenue and Financing Policy

Attachment 3 - Submissions on Rates Remissions Policy

Attachment 4 - Submissions on Joining Regional Shared Service CCO

Attachment 5 - Submission from Tauranga Business Chamber

Supporting Document 1 - Jon Turner submission addendum

Supporting Document 2 - Jon Turner record of communications with BOPRC

Supporting Document 3 - Jon Turner Consent Conditions  

 


Regional Council                                                                       17 May 2022

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Regional Council                                                                       17 May 2022

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Regional Council                                                                       17 May 2022

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Regional Council                                                                       17 May 2022

 

Item 8.1

Supporting Document 1

Jon Turner submission addendum


Regional Council                                                                       17 May 2022

 

Item 8.1

Supporting Document 2

Jon Turner record of communications with BOPRC


Regional Council                                                                       17 May 2022

 

Item 8.1

Supporting Document 3

Jon Turner Consent Conditions