Regional Council Agenda

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

Thursday 23 June 2022 COMMENCING AT 1.00 pm

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

15 June 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                                                                             23 June 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 - 5 April 2022  2

8.2      Regional Council Minutes - 27 April 2022 2

8.3      Regional Council Minutes - 17 May 2022  2

8.4      Regional Council Minutes - 18 May 2022  2

Minutes to be Received

8.5      Rotorua Te Arawa Lakes Strategy Group Minutes - 22 October 2021                       2

8.6      Ōhiwa Harbour Implementation Forum Minutes - 12 November 2021                   2

8.7      Regional Transport Committee Minutes - 15 March 2022                                          2

8.8      Te Maru o Kaituna River Authority Minutes - 25 February 2022                      2

8.9      Rotorua Te Arawa Lakes Strategy Group Minutes - 20 April 2022                            2

Minutes to be Confirmed - Continued

8.10    Council - 31 March 2022                           2

9.      Reports

9.1      Chairperson's Report                               2

Decisions Required

9.2      Bay of Plenty Regional Council Draft Youth Engagement Plan 2022                  2

Attachment 1 - Draft Youth Engagement Plan 2022                                                                          2

9.3      Adoption of the Annual Plan 2022/23 and Related Policies                                       2

Attachment 1 - Funding Needs Analysis             2

Attachment 2 - Revenue and Financing Policy   2

Attachment 3 - Fees and Charges Policy            2

Attachment 4 - Rates Remission and Postponement Policy                                             2

Attachment 5 - Annual Plan 2022-2023 draft for adoption                                                                   2

9.4      Rates Setting for the 2022/23 Financial Year                                                          2

9.5      At 2.00pm: Tauranga Stadium Project - Priority One                                              2

Attachment 1 - Tauranga Stadium - Funding Request                                                                    2

Supporting Document 1 - Tauranga Stadium Feasibility Study

Supporting Document 2 - Tauranga Stadium Feasibility Study - Appendices

9.6      Approval of Proposed Change 6 (NPS-UD) to the Bay of Plenty Regional Policy Statement                                                 2

Attachment 1 - Appendix - Additional detail for RPS Change 6 report                                              2

Supporting Document 1 - 03.0 Proposed Change 6 (NPS-UD) to the RPS Version 3.0 - version for Council adoption

Supporting Document 2 - FINAL Section 32 Analysis - RPS Proposed Change 6 - version 3.0 - June 2022

9.7      Central Government Co-Investment in Flood Protection Schemes                       2

Supporting Document 1 - Central Government Co-Investment in Flood Protection Schemes Supplementary Report

9.8      Monitoring and Responding to Central Government Reform                                 2

Attachment 1 - Monitoring and Responding to Central Government Reform Diagram                 2

9.9      Maritime Vessel Procurement                  2

Attachment 1 - Comprehensive Procurement Plan - Maritime Vessel                                            2

9.10    Navigational Aids and Debris Removal Procurement                                            2

Attachment 1 - Comprehensive Procurement Plan – Navigational Aid and Debris Removal      2

10.    Public Excluded Section

Resolution to exclude the public

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

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Item No.

Subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Grounds under Section 48(1) for the passing of this resolution

When the item can be released into the public

10.1

Public Excluded Regional Council Minutes - 5 April 2022

As noted in the relevant Minutes.

As noted in the relevant Minutes.

To remain in public excluded.

10.2

Public Excluded Regional Council Minutes - 27 April 2022

As noted in the relevant Minutes.

As noted in the relevant Minutes.

To remain in public excluded.

10.3

Public Excluded Rotorua Te Arawa Lakes Strategy Group Minutes - 22 October 2021

As noted in the relevant Minutes.

As noted in the relevant Minutes.

To remain in public excluded.

10.4

Public Excluded Rotorua Te Arawa Lakes Strategy Group Minutes - 20 April 2022

As noted in the relevant Minutes.

As noted in the relevant Minutes.

To remain in public excluded.

10.5

Recommendations from Te Uepu Pāpāmoa Hills Cultural Heritage Regional Park

Withholding the information is necessary to protect the privacy of natural persons, including that of deceased natural persons; Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information; Withholding the information is necessary to enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities.

48(1)(a)(i) Section 7 (2)(a); 48(1)(a)(i) Section 7 (2)(b)(ii); 48(1)(a)(i) Section 7 (2)(h).

On the Chief Executive's approval.

10.6

Confirmation of the members of the Bay of Plenty Regional Navigation Safety Bylaws Sub-Committee

Withholding the information is necessary to protect the privacy of natural persons, including that of deceased natural persons.

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

To remain in public excluded.

10.7

Learning and Development Procurement

Withholding the information is necessary to enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities.

48(1)(a)(i) Section 7 (2)(h).

To remain in public excluded.

10.8

Quayside Director Appointment

Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information.

48(1)(a)(i) Section 7 (2)(b)(ii).

On the Chief Executive's approval.

10.9

National Ticketing Solution - Update

Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information.

48(1)(a)(i) Section 7 (2)(b)(ii).

On the Chief Executive's approval.

 

Minutes to be Confirmed

10.1    Public Excluded Regional Council Minutes - 5 April 2022

10.2    Public Excluded Regional Council Minutes - 27 April 2022

Minutes to be Received

10.3    Public Excluded Rotorua Te Arawa Lakes Strategy Group Minutes - 22 October 2021

10.4    Public Excluded Rotorua Te Arawa Lakes Strategy Group Minutes - 20 April 2022

Decisions Required

10.5    Recommendations from Te Uepu Pāpāmoa Hills Cultural Heritage Regional Park

Attachment 1 - Public Excluded Report 31 May 2022 - Papamoa Hills Upgrade Project - Proposed Land Swap for Pedestrian Access

10.6    Confirmation of the members of the Bay of Plenty Regional Navigation Safety Bylaws Sub-Committee

Attachment 1 – Candidate 1 EOI - Nav Safety Bylaw

Attachment 2 - Candidate 2 - EOI - Nav Safety Bylaw

Attachment 3 - Candidate  3- EOI - Nav Safety Bylaw

Attachment 4 - Draft Terms of Reference

10.7    Learning and Development Procurement

10.8    Quayside Director Appointment

Attachment 1 - Quayside Directors Appointment Schedule June 2022

10.9    National Ticketing Solution - Update

Attachment 1 - National Ticketing Solution Update

11.    Public Excluded Business to be Transferred into the Open

12.    Readmit the Public

13.    Consideration of Items not on the Agenda

14.    Closing Karakia


Regional Council Minutes

5 April 2022

 

Regional Council

Open Minutes

Commencing:             Tuesday 5 April 2022, 9.30 am

Venue:                         Council Chambers, Regional House, 1 Elizabeth Street, Tauranga and via Zoom (Audio Visual Meeting)

Chairperson:               Chairman Doug Leeder

Deputy Chairperson:  Deputy Chairperson Jane Nees

Members:                    Cr Andrew von Dadelszen (via Zoom)

Cr Matemoana McDonald (via Zoom)

Cr David Love

Cr Norm Bruning

Cr Bill Clark

Cr Stuart Crosby

Cr Kevin Winters (via Zoom)

Cr Lyall Thurston (via Zoom)

Cr Toi Kai Rākau Iti (via Zoom)

Cr Stacey Rose

Cr Paula Thompson (via Zoom)

Cr Te Taru White

In Attendance:            Fiona McTavish – Chief Executive, Mat Taylor – General Manager Corporate, Chris Ingle – General Manager Integrated Catchments, Karen Aspey - Director, People & Leadership, Kumaren Perumal – Chief Financial Officer, Zhivan Alach – Organisational Performance Manager, Mereana Toroa – Finance Support Team Lead, Tobias Fransson – Performance Analyst, Mark Le Comte – Principal Advisor Finance, Yvonne Tatton – Governance Manager, Tone Nerdrum Smith – Committee Advisor

Apologies:                  Cr Thurston (early departure) and Cr McDonald (late arrival)

Chairman’s Opening Statement

 

Chairman Leeder advised that the open section of 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://www.youtube.com/watch?v=R63XjsXs6Tw 

1.     Opening Karakia

A karakia was provided by Cr Toi Kai Rākau Iti.

2.     Apologies

Resolved

That the Regional Council:

1       Accepts the apologies from Cr Thurston for early departure, Cr McDonald for late arrival tendered at the meeting.

Leeder/Winters

CARRIED

3.     Items not on the Agenda

3.1

Rotorua Te Arawa Lakes Programme - Sewerage Scheme Funding

 

Resolved

That the Regional Council:

1       Receives the report, Rotorua Te Arawa Lakes Programme - Sewerage Scheme Funding and accepts it as an Item not on the Agenda. Notes the reason why this item was not on the Agenda is that the information has only just become available, and the reason why it cannot be delayed is that discussion cannot be delayed until the 5 May Council meeting.

Nees/Bruning

CARRIED

4.     Order of Business

Noted that there might be some adjustments to the order of business to accommodate the Public Excluded presentation by Quayside Holdings Ltd at 10.30 am.

5.     Declaration of Conflicts of Interest

Cr Te Taru White and Cr Stuart Crosby: Item 9.3 Quayside Holdings Ltd draft Statement of Intent 2022-2025 and Half Yearly Report and Public Excluded Item 10.2 Quayside Update Presentation (Quayside Board Directors).

6.     Minutes

Minutes to be Confirmed

6.1

Regional Council Minutes - 17 February 2022

 

Resolved

That the Regional Council:

          Confirms the Regional Council Minutes - 17 February 2022 as a true and correct record.

Leeder/Nees

CARRIED

 

Minutes to be Received

6.2

Te Maru o Kaituna River Authority Minutes - 19 November 2021

 

Resolved

That the Regional Council:

          Receives the Te Maru o Kaituna River Authority Minutes - 19 November 2021.

Nees/Leeder

CARRIED

 

6.3

Regional Transport Committee Minutes - 5 November 2021

 

Resolved

That the Regional Council:

          Receives the Regional Transport Committee Minutes - 5 November 2021.

Thurston/Love

CARRIED

 

6.4

Tauranga Moana Advisory Group Minutes - 10 December 2021

 

Resolved

That the Regional Council:

          Receives the Tauranga Moana Advisory Group Minutes - 10 December 2021.

Bruning/Nees

CARRIED

7.     Reports

7.1

Chairperson's Report

Key Points - Members:

·    Suggested that confidential matters discussed with the Tauranga City Council Commissioners be included as a confidential attachment to the Chairman’s Report when appropriate.

 

Resolved

That the Regional Council:

1       Receives the report, Chairperson's Report.

Leeder/Rose

CARRIED

 

9.38am – Cr McDonald entered the meeting.

Decisions Required

7.2

2021/22 Arotake Report: July 2021 to December 2021 Performance

Presented by Mereana Toroa – Finance Support Team Lead, Zhivan Alach – Organisational Performance Manager, Tobias Fransson – Performance Analyst, Kumaren Perumal – Chief Financial Officer, Mark Le Comte – Principal Advisor Finance and Transport Operations, Karen Aspey - Director, People & Leadership, Mat Taylor – General Manager Corporate, Fiona McTavish – Chief Executive.

Key Points:

·    Noted the ongoing impact of Covid-19 on Council’s performance against agreed outcomes

·    Highlighted Health & Safety incidents, staff numbers and composition, and staff turnover (9.8%, which was consistent with the same period in 2021)

·    Council’s staff turnover rate was likely below that experienced by the local government sector as a whole

·    Staff were encouraged to use public transport or to carpool when travelling in Council vehicles

·    Higher levels of details regarding bus patronage was reported to the Public Transport Committee

·    Budgeted expenditure was lower than estimated, mainly due to postponement of larger projects, such as the Pāpāmoa Hills Regional Park upgrade

·    Council’s Treasury Strategy was reviewed on an annual basis

·    The Whakatāne land purchase referred to was where the Council building was located.

Key Points - Members:

·    Concerned regarding increased borrowings and complex financial arrangements at a time where the community was continuing to face increasing financial challenges

·    Noted that Council was responsible for setting the risk parameters with regards to Quayside’s investments.

 

Items for Staff Follow Up:

·    Further discussions regarding the borrowing proposals to be included in the Annual Plan workshop on 27 April 2022.

 

Resolved

That the Regional Council:

1       Receives the report, 2021/22 Arotake Report: July 2021 to December 2021 Performance.

2       Approve carry forward of $15.5 million of capital expenditure budget from 2021/22 to draft Annual Plan 2022/23.

3       Approve the Chief Executive to execute borrowing of up to $70.5 million in April 2022 comprised of:

(a)  Refinancing current borrowing of $40.5 million;

(b)  New borrowing up to $30 million, depending on timing of Quayside Holdings Limited requirements under the Rangiuru Facility agreement

(c)  Complete any funds transfers associated with the above and in the general course of business.

4       Confirms the public be excluded on the grounds set out in the Local Government Official Information and Meetings Act 1987 from consideration of the following report attachments:

(a)  Bancorp Treasury Report Dec 2021 under Section 48(1)(a)(i) Section 7 (2)(b)(ii) as 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 and that this attachment remain in Public Excluded.

(b)  Toi Moana Trust December 2021 under Section 48(1)(a)(i) Section 7 (2)(b)(ii) as 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 and that this attachment remain in Public Excluded.

Love/Crosby

CARRIED

 

7.3

Bay of Plenty Local Authority Shared Services (BOPLASS) - draft Statement of Intent and Half Yearly Report

Presented by: Mark Le Comte – Principal Advisor Finance and Fiona McTavish – Chief Executive.

Key Points:

·    Provided an outline of the report and noted the legal process relating to Statement of Intents

·    Ensuring workstreams were not duplicated across the region was a priority.

Key Points - Members:

·    Noted that the current asset value amount would be adjusted to reflect the accurate situation

·    Any substantial changes to the draft Statement of Intent should be clearly identified in the report.

 

Resolved

That the Regional Council:

1       Receives the report, Bay of Plenty Local Authority Shared Services - draft Statement of Intent and Half Yearly report.

2       Agrees that no formal feedback is required on the draft BOPLASS Statement of Intent 2022-2025.

Love/White

CARRIED

 

7.4

Local Government Funding Agency (LGFA) Limited - draft Statement of Intent 2022-2025 and Half Yearly Report

Presented by Mark Le Comte – Principal Advisor Finance and Kumaren Perumal – Chief Financial Officer.

Key Points:

·    Provided an outline of the report and noted that Kumaren Perumal – Chief Financial Officer was Council’s shareholder representative on LGFA

·    Clarified the impact on LGFA borrowings if the Three Waters reforms progressed as intended.

 

Resolved

That the Regional Council:

1       Receives the report, Local Government Funding Agency Limited - draft Statement of Intent 2022-2025 and Half Yearly report for the period ended 31 December 2021.

2       Agrees that no formal feedback is required on the Local Government Funding Agency Limited’s draft Statement of Intent 2022-2025.

Leeder/Rose

CARRIED

 

7.5

Order of Candidate Names on Voting Papers - 2022 Local Authority Triennial Elections

Presented by Yvonne Tatton – Governance Manager.

Key Points:

·    Provided an outline of the three options for the order of candidates’ names on the voting papers

·    The significant increase in costs compared to the 2019 local elections was due to there being no District Health Board election, nor Tauranga City Council elections, which meant costs would be carried more heavily by Regional Council

·    A budget for the additional costs would be considered the Annual Plan Workshop on 27 April 2022.

Key Points - Members:

·    Sought awareness that the Central Government decision to continue with Commissioners for Tauranga City Council until 2024 had a significant cost impact on the Regional Council.

 

Resolved

That the Regional Council:

1       Receives the report, Order of Candidate Names on Voting Papers - 2022 Local Authority Triennial Elections.

2       Selects random for the order of candidate names on the 2022 local authority triennial elections and any subsequent by-elections.

Rose/Nees

CARRIED

 

8.     Public Excluded Section

Resolved

Resolution to exclude the public

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

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Item No.

Subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Grounds under Section 48(1) for the passing of this resolution

When the item can be released into the public

8.2

10.30am: Quayside Holdings Ltd - Update

Withholding the information is necessary to enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities.

48(1)(a)(i) Section 7 (2)(h).

To remain in public excluded.

8.1

Public Excluded Regional Council Minutes - 17 February 2022

As noted in the relevant Minutes.

As noted in the relevant Minutes.

To remain in public excluded.

9.2

2021/22 Arotake Report: July 2021 to December 2021 Performance - Attachment 2 - Bancorp Treasury Report Dec 2021 - Public Excluded and Attachment 3 - Toi Moana Trust December 2021 - Public Excluded

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.

8.3

Te Teko Groundwater Monitoring Site - Approval for Covid Related Capital Expenditure

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.

8.4

Rotorua Te Arawa Lakes Programme - Sewerage Scheme Funding (Item not on the agenda)

Withholding the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely otherwise to damage the public interest; Withholding the information is necessary to enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities; Withholding the information is necessary to enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

48(1)(a)(i) Section 7 (2)(c)(ii); 48(1)(a)(i) Section 7 (2)(h); 48(1)(a)(i) Section 7 (2)(i).

CE Approval.

3       That Scott Hamilton, Sir Rob McLeod and Brett Hewlett – Quayside Holdings Ltd be permitted to stay in the public excluded section of the meeting due to their knowledge of the matter under discussion, being the Quayside Holdings Ltd Update.

4       That the Ministry for the Environment representatives (as listed in the Public Excluded minutes) be permitted to stay in the public excluded section of the meeting due to their knowledge of the matter under discussion, being the Rotorua Te Arawa Lakes Programme - Sewerage Scheme Funding (Item not on the agenda).

Leeder/Rose

CARRIED

9.     Reports - Continued

9.1

Quayside Holdings Limited draft Statement of Intent 2022-2025 and Half Yearly Report

Presented by Mat Taylor – General Manager Corporate.

Key Points:

·    Noted that further discussion regarding the draft Statement of Intent would form part of the Annual Plan Workshop on 27 April 2022

Key Points - Members:

·    Further discussions to take place with regards to borrowing/on-lending via Quayside Holdings Ltd, including reviewing the complexity of the investments

·    Important that Elected Members had the opportunity to input into and actively participate in the draft Statement of Intent discussion.

 

Resolved

That the Regional Council:

1       Receives the report, Quayside Holdings Limited draft Statement of Intent 2022-2025 and Half Yearly Report for the period ending 31 December 2021.

2       Receives and notes the presentation by Quayside Holdings Limited.

Leeder/Love

CARRIED

 

10.   Closing Karakia

A karakia was provided by Cr Toi Kai Rākau Iti.

 

2.14 pm – the meeting closed.

 

 

Confirmed                                                                                          

                                                                         Chairman Doug Leeder

Chairperson, Regional Council


Regional Council Minutes

27 April 2022

 

Regional Council

Open Minutes

Commencing:             Wednesday 27 April 2022, 9.00 am

Venue:                         Regional House Chambers, 1 Elizabeth Street, Tauranga 3110

Chairperson:               Chairman Doug Leeder

Deputy Chairperson:  Deputy Chairperson Jane Nees

Members:                    Cr Andrew von Dadelszen

Cr Matemoana McDonald

Cr David Love

Cr Norm Bruning

Cr Bill Clark

Cr Stuart Crosby

Cr Kevin Winters

Cr Lyall Thurston

Cr Toi Kai Rākau Iti

Cr Stacey Rose

Cr Paula Thompson

In Attendance:            Fiona McTavish – Chief Executive, Mat Taylor – General Manager Corporate, Namouta Poutasi – General Manager Strategy & Science, Sarah Omundsen – General Manager Regulatory Services, Chris Ingle – General Manager Integrated Catchments; Karen Aspey - Director, People & Leadership, Kataraina O’Brien – Director Strategic Engagement, Jessica Easton – Mark Le Comte – Principal Advisor Finance, Tone Nerdrum Smith – Committee Advisor

Apologies:                  Cr Te Taru White, Cr Stacey Rose – Early departure, and Cr Bill Clark and Cr Toi Kai Rākau Iti – both late arrival

 

1.     Opening Karakia

A karakia was provided by Cr Thurston.

2.     Apologies

Resolved

That the Regional Council:

1       Accepts the apologies from Cr Te Taru White – whole meeting, Cr Stacey Rose – Early departure, and Cr Bill Clark and Cr Toi Kai Rākau Iti – both late arrival tendered at the meeting.

Leeder/von Dadelszen

CARRIED

3.     Declaration of Conflicts of Interest

Cr Stuart Crosby: Feedback on Quayside Group draft Statements of Intent (Public Excluded Item) as a Quayside Holdings Ltd Director.

4.     Public Excluded Section

Resolved

Resolution to exclude the public

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

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Item No.

Subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Grounds under Section 48(1) for the passing of this resolution

When the item can be released into the public

4.1

Managed Retreat Programme

Withholding the information is necessary to protect the privacy of natural persons, including that of deceased natural persons.

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

To remain in public excluded.

4.2

Feedback on Quayside Group draft Statements of Intent

Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information.

48(1)(a)(i) Section 7 (2)(b)(ii).

On the Chief Executive's approval.

 

Leeder/von Dadelszen

CARRIED

9.38am – the meeting closed.

 

 

Confirmed                                                                                          

                                                                         Chairman Doug Leeder

Chairperson, Regional Council


Regional Council Minutes

17 May 2022

 

Regional Council

Open Minutes

Commencing:             Tuesday 17 May 2022, 9.30am

Venue:                         Regional House Chambers, 1 Elizabeth Street, Tauranga and via Zoom (Audio Visual Meeting)

Chairperson:               Chairman Doug Leeder

Deputy Chairperson:  Deputy Chairperson Jane Nees

Members:                    Cr Andrew von Dadelszen – via Zoom

Cr David Love

Cr Norm Bruning – via Zoom

Cr Bill Clark

Cr Stuart Crosby

Cr Kevin Winters

Cr Lyall Thurston

Cr Toi Kai Rākau Iti – via Zoom

Cr Stacey Rose – via Zoom

Cr Paula Thompson

Cr Te Taru White

In Attendance:            Fiona McTavish – Chief Executive, Mat Taylor – General Manager Corporate, Karen Aspey - Director, People & Leadership, Kataraina O’Brien – Director Strategic Engagement, Kumaren Perumal – Chief Financial Officer, Mark Le Comte – Principal Advisor Finance Tone Nerdrum Smith – Committee Advisor

Submitters as listed in the minutes

Apologies:                  Cr Matemoana McDonald

1.     Chairman’s Opening Statement

Chairman Leeder advised those present in Chambers and via Zoom 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://www.youtube.com/watch?v=pgdRm2N0Lkw

 

2.     Opening Karakia

A karakia was provided by Cr Te Taru White.

3.     Apologies

Resolved

That the Regional Council:

1       Accepts the apology from Cr McDonald tendered at the meeting.

Leeder/Winters

CARRIED

4.     Declaration of Conflicts of Interest

None declared.

5.     Hearing of Submissions on Statements of Proposal

Submitter

Organisation

Speaking to

ID#

Steve Osborne

Key Points:

·    Concerned that Council’s user fees and charges were unevenly apportioned

·    Council’s funding allocations should be reviewed as there were examples of non-utilised bus routes operating and installation of bunds not suitable for the environment

·    Concerned that there appeared to be wastefulness in some activity areas, yet excessive charging in others

·    A customer’s ability to pay fees and charges should be a factor, i.e. as for rates.

 

Fees And Charges

Fees 04

Whitiora McLeod

This submitter did not appear.

Ngati Kaahu a Tamapahore Trust

Fees And Charges;

Revenue and Financing

Rates Remissions

Fees 01

Revenue 01

Arthur Flintoff

Key Points:

·    Supported the introduction of further remissions for land being restored to its natural state; Māori land not utilising town supply services; flood prone land

·    Concerned regarding urban sprawl creating need for additional infrastructure, which meant Council rates increased

·    The Trust did not have access to town services or broadband, benefits enjoyed by those in the urban areas, yet rates were increasing

·    Māori owned land was different than general owned land, and developments should reflect this uniqueness

·    ‘Whenua’ meant the land provided nutrients for life

·    Māori Freehold Land that increased in value due to its potential future use should be entitled to a rates remission to encourage such potential being fulfilled.

In Response to Questions:

·    Main concerns related to equity for Māori Freehold Land

·    Sought the opportunity and ability to develop land the way the Trust/Māori wanted to, i.e. in accordance with the desire and needs of stakeholders.

Kumaren Perumal – Chief Financial Officer

Key Points:

·    ori Freehold Land was valued in accordance with Council’s policy

·    Recognised that the multiple-owned land model made valuation challenging.

Mangatawa 13B2B Ahu Whenua Trust

Rates Remissions

Remissions 04

Anne Parkhurst

Key Points:

·    Noted the ‘simmering discontent’ in the community with regards to the Port of Tauranga’s social licence and sought that Council use part of its dividend to address this issue

·    Bay of Connections in its current form did not appear to have relevance in a region experiencing exceptional growth

·    Traffic congestion in Tauranga/Western Bay of Plenty was worsening, and an effective public transport system/modal shift was essential. Accordingly queried if the current split model of delivery between BOPRC (service) and TCC (infrastructure) was effective and able to provide the desired outcomes.

In Response to Questions:

·    Concerned that significant funds were retained within Quayside Holdings Ltd that could be utilised more effectively for the benefit of the wider region

·    Supported the operation of the Port of Tauranga, but also recognised the social challenges associated with its activities

·    Would like to see Quayside increase the social aspect of its investments, i.e. social dividend rather than the current focus on financial return.

Tauranga Business Chambers

General

 

Jon Turner

Key Points:

·    Sought review of the consent for the geothermal bore on their property

·    The bore, in its current form and to comply with Council’s resource consent requirements, was ineffective and costly

·    Provided an outline of the background for the development of the hot water bore to establish hot water heaters/heatpumps

·    Concerned that the user fees and charges for the consents negated the savings they were hoping to achieve

·    Classification of their geothermal activity appeared to be the same as for larger, commercial activities, which did not appear appropriate or fair

·    Noted that this matter had continued for a number of years, and that the interactions with Council had been challenging with no satisfactory outcome.

Minute Note: Following the hearings, The Submitters met with the three Rotorua Councillors, the Chief Executive, and staff to discuss the matter and potential ways forward.

 

Fees And Charges

Fees 15

Tom Rutherford and Corey Stevens

Key Points:

·    Noted the apology from Mayor Webber who was unable to attend

·    The proposed Rates Remission Policy for Māori Freehold Land was not consistent with the TCC/WBOPDC policies, and the overarching principles needed to be better aligned

·    Considered the BOPRC’s definition of Māori Freehold Land to be relatively narrow

·    WBOPDC proposed changes to its policies meant the definition of Freehold Land changes included land that had its status changed under the Te Ture Whenua Māori Act 1993/Māori Land Act 1993, i.e. been returned by the Crown after previous confiscation

·    WBOPDC was looking to remove the 5-year limit on rates remission for development of Papakāinga Housing on Māori Freehold Land.

Western Bay of Plenty District Council

Rates Remissions

Remissions 07

Jesse Brennan

Key Points:

·    Provided an outline of the key points of the submission, being:

·    Focused on transparency of rates setting; rate equity; and cost of local government on rural ratepayers

·    Largely in support of the Revenue and Finance Policy

·    Sought rationale behind the changes in consent monitoring charges associated with Rotorua PC10

·    Supported the user pays principles applied by Council in the resource consent activity

·    Queried why on-site effluent treatment compliance costs waiver was exclusively applied to Marae, rather than on a wider needs basis, e.g. for churches.

Staff in Response to Questions:

·    Council had undertaken public consultation on the Statements of Proposal, including targeted consultation with Tangata Whenua Forums.

 

Federated Farmers

Fees and Charges

Revenue and Financing

Rates Remissions

Fees 14

Revenue 03

Remissions 06

 

6.     Reports

Information Only

6.1

Hearing of Submissions on Statements of Proposal

Fiona McTavish – Chief Executive advised that all submitters would be responded to individually with the outcome of Council’s deliberations, which would take place tomorrow, Wednesday 18 May 2022.

 

 

Resolved

That the Regional Council:

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

Leeder/White

CARRIED

 

 

7.     Closing Karakia

A karakia was provided by Cr Te Taru White.

 

10.42 am – the meeting closed.

 

 

 

Confirmed                                                                                          

                                                                         Chairman Doug Leeder

Chairperson, Regional Council


Regional Council Minutes

18 May 2022

 

Regional Council

Open Minutes - Annual Plan Deliberations

Commencing:             Wednesday 18 May 2022, 9.30 am

Venue:                         Council Chambers, Regional House, 1 Elizabeth Street, Tauranga and 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 Norm Bruning

Cr Bill Clark

Cr Stuart Crosby

Cr Kevin Winters

Cr Lyall Thurston

Cr Toi Kai Rākau Iti – via Zoom

Cr Stacey Rose – via Zoom

Cr Paula Thompson

Cr Te Taru White

In Attendance:            Bay of Plenty Regional Council: Fiona McTavish – Chief Executive, Mat Taylor – General Manager Corporate, Namouta Poutasi – General Manager Strategy & Science, Sarah Omundsen – General Manager Regulatory Services, Chris Ingle – General Manager Integrated Catchments; Karen Aspey - Director, People & Leadership, Kataraina O’Brien – Director Strategic Engagement, Kumaren Perumal – Chief Financial Officer, Zhivan Alach – Organisational Performance Manager, James Llewellyn – Transport & Urban Planning Manager, Mark Le Comte – Principal Advisor Finance, Mereana Toroa – Finance Support Team Lead, Tone Nerdrum Smith – Committee Advisor

                                    External: Chimmyma Kiora Williams - Public Forum, Clifford Paxton – NZ Police, Jay Zmijewski - NZ Bus, Michelle Te Wharau – Waka Kotahi, Paul Mason – Tauranga City Council, Nic Johansson – Tauranga City Council

Apologies:                  None

 

1.     Chairman’s Opening Statement

Chairman Leeder advised those present in Chambers and via Zoom 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/_JiFoHSDv4I 

2.     Opening Karakia

A karakia was provided by Cr Thurston.

3.     Karakia for Moana Boyd

Chairman Leeder recognised the recent passing of Regional Council’s Senior Advisor Moana Boyd with a karakia.

4.     Public Forum

4.1    Chimmyma Kiora Williams – Ex-Security Guard in Tauranga CBD

Key Points:

·    Had previously been employed as a security guard at Tauranga City Council for a number of years, deployed at the Willow Street the service centre/bus stop

·    Security work in the city was more in line with social work, rather than just security

·    Interacted with rangatahi; vulnerable elderly; street people; public and tourists

·    Worked closely with police and recognised how their resources were stretched

·    There were constant issues and friction due to the different social groups gathering in the same area

·    Support and understanding, rather than punishment, was needed for the younger members of the community; i.e. the social work aspect of the security job

·    Recognised the impact of Covid on youth and their everyday life

·    Genuine care was needed to be part of a community; not punishment and alienation

·    Recognised that the contractual limitation on the security guards currently working at the bus stop meant that they were often unable to intervene

·    Building rapport and trust could take a year or more.

In Response to Questions:

·    Bus stops became a place to ‘hang out’ and create connections/a sense of community when this was otherwise missing in your life

·    Youth mingled with older individuals at the bus stops, who were often a bad influence

·    ‘Quick fixes’ might include training in how to physically and mentally project yourself as a security guard; introduction of body cameras etc

·    Considered that the free fares had contributed to social issues as it enabled quick/free travel to trouble hotspots

·    The core group was probably approximately 15 people, with others joining in from the periphery

·    Trouble appeared to follow the bus routes, in particular with the really young ones

·    Rangatahi were opportunistic, but would not push too far, i.e. did not expect them to force their way onto the bus if fees were reintroduced

·    Not all adults at the bus stop were homeless, some were unemployed and with ‘nothing’ else to do they would spend their days at the bus stops

·    Important that the agencies and people involved understood and met the need of the community

·    Security guards needed to have the right skills, rather than necessarily being present in large numbers

·    Youth needed a safe place where they could hang out, alternative to the bus stop

·    With regards to Māori Wardens, its success relied on having the right people in the roles.

5.     Declaration of Conflicts of Interest

None declared.

6.     Reports

Decisions Required

6.1

AP 2022/23 Deliberations: Overview of Annual Plan Deliberations Process

Presentation - Council Annual Plan 2022-23 pdf - 18 May 2022: Objective ID A4101572   

Zhivan Alach – Organisational Performance Manager provided an outline of the Annual Plan 2022/23 process to date.

 

 

Resolved

That the Regional Council:

1       Receives the report, AP 2022/23 Deliberations: Overview of Annual Plan Deliberations Process.

Leeder/Love

CARRIED

 

6.2

Improving Safety and Security of Bus Services

 

Namouta Poutasi - General Manager Strategy & Science introduced the item and the speakers in attendance from various agencies, as set out below.

Key Points

·    Regional Council was here with partners to outline what was being done to improve the safety of bus users including:

o increasing security at Willow Street and Farm Street;

o working with partners to relocate the CBD interchange as quickly as possible;

o seeking Council direction as to whether to reduce the hours of operation for the fare free trial for children; and

o adding code of conduct notices to buses.

Key Points – Chairman Leeder:

·    Welcomed the representatives from NZ Police, Tauranga City Council, Waka Kotahi and NZBus.

·    Summarised the issues Council was required to consider and had the authority to address

·    Noted the need to consider both short-term intervention and long term solutions.

Key Points - Members:

·    Noted that Council’s policy currently stipulated free fares for all children 18 years and younger at all times, i.e. 24/7 in Tauranga.

NZ Police – Clifford Paxton

Key Points:

·    Recognised that he was there to speak with regards to free bus fares, however also acknowledged the increasing social/criminal issues at the bus stops

·    Introduction of free bus fares had seen an increase in antisocial behaviour, both at the Farm Street, Mt Maunganui and Willow Street, Tauranga CBD bus stops

·    Additional police resourcing in Willow Street had dispersed some of the issues there

·    Free bus fares made it possible to move freely between various locations across the city and to disperse more easily when having caused trouble

·    Considered that the free bus fares both encouraged and enabled antisocial behaviour

·    The free bus fares were being used by youth for different purposes than what was intended, which was free transport to and from school.

Key Points - Members:

·    Access to reliable public transport was identified by youth as an important component in their ability to work; access to education etc.

·    Council had introduced free fares as a way to reduce traffic congestion; encourage alternative modes of transport and ease the financial pressure on families.

In Response to Questions:

·    Antisocial behaviour peaked before and after school, however there was an overall increase across the region outside these times, combined with an increase in the seriousness of the offending

·    Youth pre-arranged fights across the city and used the free fares to travel between hot spots

·    Recognised the multitude of factors in play, all contributing to the current issues e.g. Covid preventing school attendance meant children on the fringes had stopped attending school all together

·    12-14 year old children hanging out at the bus stops without supervision was a serious concern

·    Behaviour change took time and required supporting education; however the majority of people did comply once changes were introduced and notified

·    Duty of care with regards to safety was a shared responsibility between parents, police, councils etc.

·    Blue Light had a role in truancy in NZ, supported by a number of agencies, and addressing truancy was recognised as a nationwide priority.

NZBus – Jay Zmijewski

Key Points:

·    Provided an outline of his background within public transport in Australia

·    Had not experienced antisocial behaviour to the extent currently experienced in Tauranga

·    Recognised, from personal experience as a bus driver, the significant impact when encountering aggression and intimidation, and the flow-on effects afterwards

·    The current antisocial behaviour affected NZBus’ ability to recruit and retain staff

·    Vandalism on the buses was severe, and meant buses were out of circulation while being repaired

·    Acknowledged the ongoing support by councils in providing increased security and monitoring

·    Recognised the good intention behind the free fares, however considered limiting the free fares to before/after school would provide a short term solution towards addressing some of the issues currently occurring.

Key Points - Members:

·    Queried if additional security measures could be introduced similar to that done overseas, e.g. protective cages for drivers, additional security presence on key routes etc.

 

In Response to Questions:

·    Use of cages was not supported by drivers, however additional security wardens etc. could make a difference.

Tauranga City Council (TCC) – Nic Johansson and Paul Mason

Key Points:

·    Recognised that addressing the current safety issues went beyond infrastructure and security services

·    Noted that the bus stop was being moved temporarily from Willow Street to Durham Street and the ‘circuit breaker’ opportunity this might provide

·    Increased safety measures, such as lighting; CCTV cameras and breakout rooms for drivers were being provided

·    Recognised the close working relationship between the two councils and police

·    Plans were in place to provide additional training with the security guards in social engagement; introduction of youth/rangatahi workers etc.

·    Noted the ongoing investment and commitment by TCC towards safety and security in the public transport service.

Key Points - Members:

·    Concerned that it appeared TCC did not consider ongoing contribution towards security costs to be part of their responsibility

·    Recognised that ultimately, the Tauranga rate payer funded this service through the targeted public transport rates

In Response to Questions:

·    Provided an outline of the historical division of who funded which security services, i.e. TCC for the campus/BOPRC for the bus service

·    TCC considered that providing security was an operational component of the bus service and accordingly fell within BOPRC’s area of responsibility. However, until the matter of the free fares/related safety issues had been addressed, a cost-share arrangement between the two councils for additional security costs could be agreed to until a new solution had been implemented.

 

Waka Kotahi – Michelle Te Wharau

Key Points:

·    Noted the positive and committed working relation between the partners

·    Recognised Waka Kotahi’s role as a funding partner and that additional security measures, when required, formed part of this.

Key Points – Chairman Leeder:

·    Recognised the role of NZ Police as the lead agency in addressing antisocial/criminal behaviour related to the bus service

·    Encouraged Commander Paxton to approach Council if support was required in approaching central government for additional resourcing.

Key Points – Namouta Poutasi

·    Additional security measures, e.g. body cameras, would be discussed as part of Council’s contract with the security firm.

Key Points - Members:

·    Emphasized the need for the right fit of the security guards

·    Noted that funding towards further security costs also needed to focus on education of the guards.

 

11.21am – The meeting adjourned.

 

11.40 am – The meeting reconvened.

 

 

 

Resolved

That the Regional Council:

1       Receives the report, Improving Safety and Security of Bus Services.

2       Approves the inclusion of additional Security Costs in the draft Annual Plan budget for 2022/23, to be funded through the Regional Fund Reserve;

3       Notes the additional cost of bus services in 2022/23 relating to the temporary Tauranga CBD interchange of $343,000, to be included in the Draft Annual Plan 2022/23 Budget;

Amended Resolution 4

4       Approves the change to the free fare trial to morning: 7.00am to 9.00am; and afternoon: 3.00pm to 5.00pm, noting that this is expected to be implemented on 4 June 2022.

Nees/Thompson

Amendment was CARRIED on a show of hand

Von Dadelszen/Crosby

The substantive motion was PUT and CARRIED

 

Minute Note:     That the stated 7am-9am / 3pm-5pm times represent travel time to match normal school start / finish times, and that these may consequently alter depending on school specific timetables.

Additional Resolutions

 

That the Regional Council:

5       Reviews the impact of the reduction of free fares for youth within three months and reports back to Council so that the change to free fares can be reconsidered;

6       Directs staff to provide funded Bee Cards to schools to enable assistance to be provided to families experiencing financial hardship as a result of the reduction in free fares;

7       Directs staff to initiate discussions with other agencies to investigate the societal causes that have led to the current issues and long term solutions for the public safety issues being experienced in Tauranga, with terms of reference to be approved jointly by BOPRC and the other agencies;

8       Develops a communication strategy as a matter of urgency to communicate the rationale behind the reduction in free fares;

9       Formally requests that Tauranga City Council reconsiders its position not to co-fund the security contract in the CBD on an ongoing basis.

Nees/Thompson

CARRIED

 

 

6.3

AP 2022/23 Deliberations: Transport and Urban Planning Reprioritisation

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

In Response to Questions:

·    The Bay of Plenty Transport Emissions Reduction Plan (TERP) funding allocation was in response to Central Government’s Emission Reduction Plan which created expectation and actions for local authorities

·    The TERP would be brought back to Council for consideration and approval

·    Noted that the free fare trial extensions in Rotorua and Whakatāne was for the 2022/23 financial year and that they would be monitored/reviewed through the Fare Review by the Public Transport Committee. Any changes would be presented to future Annual Plans/Long Term Plans for consideration.

Key Points - Members:

·    Noted that there was significant investment and innovation taking place in the hydro energy/bus space on a national level

·    Agreed that any CAPEX/OPEX funding in hydrogen buses as a local initiative was not appropriate for Council.

 

Resolved

That the Regional Council:

1       Receives the report, AP 2022/23 Deliberations: Transport and Urban Planning reprioritisation.

2       Confirms the reprioritisation of funding for the following items, as set out in this paper:

(a)  Bay of Plenty Transport Emissions Reduction Plan (TERP) – $250k OPEX;

(b)  Tauranga South On Demand Public Transport Trial – n/a;

3       Confirms Passenger Transport Fare Free Trial extensions – SuperGold Card, Fare Free School Children in Rotorua and Whakatāne.

Winters/Rose

CARRIED

 

Cr Bruning opposed the motion
and requested that this be recorded in the minutes.

 

 

6.4

AP 2022/23 Deliberations: Statements of Proposal

Presented by Mark Le Comte – Principal Advisor Finance.

Key Points:

·    Provided a summary of the report and the submissions received, which had been spoken to by submitters at yesterday’s Council meeting.

Key Points - Members:

·    Noted the submission made by Tauranga Business Chambers regarding social licencing expectations of the Port of Tauranga, and suggested Council pursue further discussion with Quayside Holdings Ltd regarding this.

In Response to Questions:

·    There was no conflict in areas of responsibilities between the Regional Shared Services (RSS) Council Controlled Organisation and the services currently being provided by BOPLASS

·    Confirmed that Council collecting its own rates would not negatively impact on ratepayers currently having rate remission arrangements with their local councils for the current and the next financial year.

 

Resolved

That the Regional Council:

1       Receives the report, AP 2022/23 Deliberations: Statements of Proposal.

2       Directs staff to prepare the following for adoption:

(a)  Fees and Charges Policy with no changes from consultation;

(b)  Revenue and Financing Policy with no changes from consultation;

(c)  Rates Remission Policy with no changes from consultation.

3       Approves that the Regional Council becomes a shareholder of the Regional Shared Services (RSS) Council Controlled Organisation and delegates to the Chief Executive to take all appropriate steps required to join the CCO.

Winters/Love

CARRIED

 

6.5

AP 2022/23 Deliberations: Financial Overview and Implications

Presented by Kumaren Perumal – Chief Financial Officer, Mereana Toroa – Finance Support Team Lead, Mark Le Comte – Principal Advisor Finance.

 

Resolved

That the Regional Council:

1       Receives the report, AP 2022/23 Deliberations: Financial Overview and Implications.

2       Includes the proposed targeted rates for the minor river schemes in the draft Annual Plan 2022/23 budget for adoption on 23 June 2022.

Winters/Thurston

CARRIED

 

7.     Annual Plan Deliberations Summing Up and Next Steps

Presented by Zhivan Alach – Organisational Performance Manager.

Key Points:

·    The guidance provided today would be incorporated in the draft Annual Plan, which was scheduled to be adopted at the Council meeting on 23 June 2022.

 

8.     Closing Karakia

A karakia was provided by Cr White.

 

12.57 pm – the meeting closed.

 

 

Confirmed                                                                                          

                                                                         Chairman Doug Leeder

Chairperson, Regional Council


Rotorua Te Arawa Lakes Strategy Group Minutes

22 October 2021

 

Rotorua Te Arawa Lakes Strategy Group

Ngā Meneti

Open Minutes

Commencing:             Friday 22 October 2021, 09:30 am

Venue:                         Bay of Plenty Regional Council, Waiariki Room, Corner Fenton & Pukaki Streets, Rotorua and via Zoom

Heamana

Chairperson:               Sir Toby Curtis (Poū Tākiwaiora)

Heamana Tuarua

Deputy Chairperson:  Mayor Steve Chadwick (Rotorua Lakes Council)

Ngā Kopounga

Members:                    Te Arawa Lakes Trust (TALT)

Nuki Nicholson

                                                      Bay of Plenty Regional Council Toi Moana (BOPRC)

                                    Chairman Doug Leeder

                                                      Cr Kevin Winters

                                                      Cr Te Taru White (Alternate)

                                                      Rotorua Lakes Council (RLC)

                                                      Deputy Mayor David Donaldson

Observers from Ministry for the Environment (MfE)

Lorena Stephen – Director of Sustainable Land Use Deliver  (Via Zoom) and Courtney Clyne – Kaitātari Freshwater Investments Team (Via Zoom)

Te Hunga i Tae Ake

In Attendance:                  TALT: Mariana Te Rangi – Environmental Manager; William Anaru - Operations Manager – Biosecurity & Jobs for Nature; Nicki Douglas (Via Zoom)

RLC: Geoff Williams – Chief Executive; Stavros Michael – Deputy Chief Executive Environmental and Infrastructure Solutions; Regan Fraser - Infrastructure Business Manager

BOPRC: Chris Ingle – General Manager Integrated Catchments; Helen Creagh – Rotorua Catchments Manager; Rosemary Cross – Senior Projects Manager – Rotorua; Andy Bruere – Lakes Operations Manager; Gemma Moleta – Senior Planner (Water Policy) (via Zoom); Reuben Gardiner – Senior Planner (Water Policy) (via Zoom), Ashleigh Grant - Kaikarere (Communications Partner); Merinda Pansegrouw – Committee Advisor

Other: Chris Sutton - Rerewhakaaitu Farmer/Lakes Water Quality Society

Ngā Hōnea

Apologies:                  Roana Bennett (TALT)

 

Following notification of an apology for late arrival received from Poū Tākiwaiora Sir Toby Curtis, Deputy Chair, Mayor Steve Chadwick assumed the chair.

 

1.     Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Cr Te Taru White.

2.     Ngā Hōnea
Apologies

Resolved

That the Rotorua Te Arawa Lakes Strategy Group:

1       Accepts the apologies from Roana Bennett and Sir Toby Curtis (for lateness) tendered at the meeting.

Donaldson/Winters

CARRIED

 

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

None advised.

4.     Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

4.1

Rotorua Te Arawa Lakes Strategy Group Minutes - 14 May 2021

 

Resolved

That the Rotorua Te Arawa Lakes Strategy Group:

          Confirms the Rotorua Te Arawa Lakes Strategy Group Minutes - 14 May 2021 as a true and correct record.

Donaldson/Winters

CARRIED

 

5.     Wāhanga Tūmataiti
Public Excluded Section

Resolved

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

5.1

Verbal Update by the Ministry for the Environment

· Withholding the information is necessary to maintain the effective conduct of public affairs through the free and frank expression of opinions by or between or to members or officers or employees of any local authority, or any persons to whom section 2(5) applies, in the course of their duty.

· Withholding the information is necessary to enable the local authority to deliberate in private on its decision or recommendation in any proceedings to which this paragraph applies.

· Withholding the information is necessary to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

·   48(1)(a)(i) Section 7 (2)(f)(i)

·   48(1)(d)

·   48(1)(a)(i) Section 7 (2)(i)

On the Chief Executive's approval

Leeder/Donaldson

CARRIED

 

09:45 am - Poū Tākiwaiora Sir Toby Curtis joined the meeting.  At his request, Deputy Chair, Mayor Steve Chadwick continued to chair the meeting.

 

6.     Ngā Pūrongo
Reports

6.1

Te Arawa Lakes Trust Update Report

Presentation - TALT Update - Boat Ramp Inspections: Objective ID A3958748   

Presented by TALT Representative Nuki Nicolson and TALT Operations Manager – Biosecurity & Jobs for Nature, William Anaru.

Key Points:

·    Outlined activities of the Te Arawa Lakes Trust in the Rotorua/Te Arawa Lakes Programme

·    Imminent hearing regarding 17 Boatsheds at Kariri Point; through the cultural mapping report both Tuhourangi Tribal Authority and Te Arawa Lakes Trust wished for these selected structures to be removed.  The hearing date had been postponed in order for everyone to gather more information

·    As part of the 2019/20 Pilot Project, Te Arawa Iwi/Hapū members shadowed BOPRC Biosecurity Team to conduct Boat inspections

·    During September 2020, 12 Te Arawa Iwi/Hapū members trained and warranted under the Biosecurity Act/authorised by BOPRC - known as Te Arawa Biosecurity Officers

·    During period of 2020/2021, Boat Ramp inspections and self-certifying monitoring were carried out by Te Arawa Biosecurity Officers at various boat ramps - well received by the public and consistently told they were doing a great job

·    Contract for boat ramp inspections had been extended until 2024

·    From October 2020 to April 2021, 1191 boat ramp inspections had been carried out, with only 14 failing

·    1068 self-certification inspections carried out with 23% compliance

·    Key learnings: more communications/easier ways to self-certify (QR code)/multiple crews working to capture a large area

·    Looking ahead:

o 2021/2022 Season to see 6 more officers warranted

o Increased monitoring of self-certification

o Aquatic Weed Management Contract

o Harakeke mats – to investigate the potential for weed control in the lakes using this method

o To continue community engagement/education around catfish and other aquatic biosecurity threats

o Continue to develop the partnership with BOPRC.

Key Point - Staff:

·    Expressed appreciation for the valuable work undertaken by William Anaru and his dedicated team of Te Arawa Biosecurity Officers; was privileged to have their skills sets on board.

 

Resolved

That the Rotorua Te Arawa Lakes Strategy Group:

1       Receives the report, Te Arawa Lakes Trust Update Report.

Nicolson/Donaldson

CARRIED

 

 

6.2

Rotorua Lakes Council Update Report

Presented by Stavros Michael, Deputy Chief Executive Environmental and Infrastructure Solution.

Key Points:

·    Highlighted activities currently underway impacting the Lakes Programme relating to wastewater treatment and stormwater projects:

o Rotomā/Rotoiti Sewerage Scheme (contractor had been mobilised and physical works were expected to commence end October)

o Rotorua Wastewater Treatment Plant

o Tarawera Sewerage Scheme

o Rotoehu proposed wastewater reticulation scheme

o Rotorua Urban Area Comprehensive Stormwater Resource Consent

o Ngongotahā flooding/review and actions

·    Planning Policy and Strategy Matters:

o Plan Change 10: Lake Rotorua Nutrient Management (PC10)

o Flooding Plan Change

o Utuhina Comprehensive Stormwater Consent

o Impacts of Plan Change to enable housing under National Policy Statement on Urban Development (NPS-UD)

o Eastside Community Wellness Implementation Plan.

 

Item for Staff Follow Up:

·    Update on Sustainable Forest Alternative to members at a future hui, providing more information on design matters.

 

Resolved

That the Rotorua Te Arawa Lakes Strategy Group:

1       Receives the report, Rotorua Lakes Council Update Report .

Chadwick/Nicholson

CARRIED

 

6.3

Values and Environmental Outcomes - Engagement Opportunity

Presentation 2 - Visions, Values and Environmental Outcomes: Objective ID A3958753   

Presented by BOPRC Toi Moana Senior Planner (Water Policy), Gemma Moleta, Senior Planner (Water Policy), Reuben Gardiner and Kaikarere (Communications Partner) Ashleigh Grant.

Key Points:

·     In terms of the National Objectives Framework, currently at a phase of vision setting, values and environmental outcomes identification and engagement

·     Introduced current online engagement opportunities/tools for public to provide input into the mahi

·     ‘Mapping our treasured freshwater’ page available via the following link: https://www.participate.boprc.govt.nz/index.php?cID=501.

·     Public web map via the following link:

https://boprc.maps.arcgis.com/apps/webappviewer/index.html?id=d6bf40fcbf9046d2bb0fc421cd52da34

·     Values identified in iwi planning documents, settlement acts and from previous tangata whenua engagement had been incorporated into the existing value set (where this information was not confidential)

·     Values identified so far: ecosystem health, human contact, mahinga kai, natural form and character, drinking water supply, wai tapu, transport and tauranga waka, fishing, animal drinking water, irrigation, cultivation and production of food and beverage, commercial and industrial 

·     Encouraged Rotorua Te Arawa Lakes Strategy Group members to socialise this opportunity with their iwi, hapu, tangata whenua, Council organisations and members of the wider community who care about freshwater

·     Visions under the National Policy Statement for Freshwater Management 2020 (NPSFM):

o   Set in the Regional Policy Statement as an objective

o   Set at a catchment, freshwater management unit (FMU) or part of FMU level

o   Goals to be ambitious but reasonable

o   Set timeframes to achieve those goals

o   Informed by history and environmental pressures

o   Community and tangata whenua involvement

·     An invite only tangata whenua page where tangata whenua could privately share stories or map their cultural values had also been set-up.  Staff was asking for feedback from iwi, hapū and tangata whenua, through this dedicated password protected page - the information gathered would be confidential

·     Next steps:

o   Offer to discuss with/receive feedback from iwi and hapū

o   E-panui

o   Sub regional hui

o   Meet with RTALSG iwi members

o   Followed by online public engagement

Key Points - Members:

·     Suggested that the on-line tools be shared in reports to Rotorua Ratepayer meetings over the upcoming summer period

·     Recommended close liaison with the Lakes Water Quality Society as well as various trusts and Tamariki at schools/eco schools

·     Noted that Elva Conroy would be consulted to consider inclusion of relevant matters relating to the Tarawera Collective Impact.

Item for Staff Follow Up:

·    Arrange a hui with iwi members of the Strategy Group to discuss a vision for the Rotorua Te Arawa Lakes Freshwater Management Unit.

11:57 am - Cr Leeder withdrew from the meeting.

 

Resolved

That the Rotorua Te Arawa Lakes Strategy Group:

1       Receives the report, Values and Environmental Outcomes - Engagement Opportunity .

Winters/Donaldson

CARRIED

 

6.4

Te Arawa Lakes Programme Purongo ā-tau 2020-2021 & Quarter One Status Update

Presentation 3 - Te Arawa Lakes Programme Purongo a-tau Annual Report - 22 October 2021: Objective ID A3958756 

Tabled Document 1 - Tabled Item - Te Arawa Lakes Programme Puronga a-tau Annual Report: Objective ID A3958364    

Presented by BOPRC Toi Moana Rotorua Catchments Manager Helen Creagh and Lakes Operations Manager Andy Bruere.

Key Points:

·    Following feedback from the Strategy Group at its last hui, the structure, look and feel of the annual report had been refreshed in order to better reflect Te Ao Māori. Thanked Mariana Te Rangi of Te Arawa Lakes who had provided her expertise to enable this

·    Typographical errors on Page 52 of the Lake Statistics (water quality attributes) dashboard to be corrected:

o Target TLI for Rotoehu to be (3.9)

o Target TLI for Rotorua to be (4.2)

·    Wai Ora – Lake Water Quality Results Dashboard overview

·    Wai Rua – Deed Funded Interventions for Lakes Rotorua, Rotoehu and Rotoiti

·    Wai Rua – Non Deed Highlights

o Toihuarewa Waimāori – interviews completed – announcement to follow shortly

o Lake Ōkāreka outlet and pipeline upgrade complete

o Te Papa Ahurewa established

o Detainment Bunds and Tree Removal, Ngongotahā

·    Focus moving forward: Programme Review of remaining delivery pathway, funding and alignment to Te Tuapapa

12:30am – Nuki Nicholson withdrew from the meeting.

Key Points - Members:

·    Page 19 of the Purongo ā-tau – typographical error to be corrected in third row, 4th column, to read “The algal bloom in October/November 2020”

·    Noted that at Ōkere Falls, as part of a resource consent agreement for Ōkere Gates, the implementation of a Cultural Management Plan was ongoing; accordingly a trial of lower lake levels would be undertaken, this was currently in the consultation process with the community.

12:40am – Nuki Nicholson returned to the meeting.

Item for Staff Follow Up:

·    The site visit for the 9th December 2021 Rotorua Te Arawa Lakes Strategy Group’s Field Trip to be changed from Lake Rotoehu to Lake Tarawera instead.

 

Resolved

That the Rotorua Te Arawa Lakes Strategy Group:

1       Receives the report, Te Arawa Lakes Programme Purongo ā-tau 2020-2021 & Quarter One Status Update.

2       Approves the 2020-2021 Purongo ā-tau (Annual Report) for the Programme for submission to the Minister for the Environment, in accordance with the requirements of the Deed of Funding.

Winters/Donaldson

CARRIED

 

7.     Wāhanga Tūmataiti
Public Excluded Section

Resolved

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

7.1

Constructed Wetlands to Achieve the 50t Engineering Solutions for Lake Rotorua

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.

Winters/Donaldson

CARRIED

 

8.     Karakia Kati
Closing Karakia

A karakia was provided by Sir Toby Curtis.

1:21 pm – the meeting closed.

 

 

Confirmed 20 April 2022                                                               

                                                                                       Sir Toby Curtis

Chairperson, Rotorua Te Arawa Lakes Strategy Group


Ōhiwa Harbour Implementation Forum Minutes

12 November 2021

 

Ōhiwa Harbour Implementation Forum

Ngā Meneti

Open Minutes

Commencing:             Friday 12 November 2021, 9.30 am

Venue:                         Whakatāne District Council Chambers, 14 Commerce Street, Whakatāne

Heamana

Chairperson:               Cr Toi Kai Rākau Iti (Bay of Plenty Regional Council)

Heamana Tuarua

Deputy Chairperson:  Mayor Lyn Riesterer (Ōpōtiki District Council)

Ngā Kopounga

Members:                    Charlie Bluett - Te Runanga o Ngāti Awa, Deputy  Mayor Andrew Iles – Whakatāne District Council, Trevor Ransfield - Te Upokorehe, Josie Mortensen - Whakatōhea Māori Trust Board, Marewa Titoki – Alternate, Te Waimana Kaaku, Cr Nándor Tánczos – Alternate, Whakatāne District Council, Tu O'Brien (via Zoom) – Alternate, Te Runanga o Ngāti Awa

Te Hunga i Tae Ake

In Attendance:            Bay of Plenty Regional Council: Pim de Monchy - Coastal Catchments Manager, Tim Senior – Land Management Officer, Gemma Moleta - Senior Planner, Water Policy (via Zoom), Riki-Lee Ainsworth – Planner (via Zoom), Lisa Bevan – Environmental Data Officer (via Zoom), Amanda Namana – Committee Advisor

 

                                                      External: Gaylene Kohunui – Upokorehe (via Zoom), Ngaire Ngamoki – Upokorehe (via Zoom), Anita Lewis – University of Waikato (via Zoom), Mike Jones – Deprtment of Conservation

Ngā Hōnea

Apologies:                  Cr Debi Hocart - Alternate, Ōpōtiki District Council, Hori Hillman - Te Waimana Kaaku 

1.     Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Charlie Bluett.

2.     Ngā Hōnea
Apologies

Resolved

That the Ōhiwa Harbour Implementation Forum:

1       Accepts the apologies from Cr Debi Hocart and Hori Hillman tendered at the meeting.

Riesterer/Iles

CARRIED

3.     Ngā Take Tōmuri
Items not on the Agenda

                   Resolved

That the Ōhiwa Harbour Implementation Forum:

1       Accepts the late item, appointment of the Alternate member for Te Waimana Kaaku

2       Agrees that the item cannot be delayed as the information has only just become available and this is the last meeting of 2021;

3       Agrees that the late item will be considered under the Chair’s Verbal update.

Iles/Riesterer

CARRIED

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

None declared.

5.     Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

5.1

Ōhiwa Harbour Implementation Forum Minutes - 11 March 2021

 

Matters Arising:

·    Outlined the minute action process whereby any action items from each meeting were captured, monitored and progressed by staff.

Resolved

That the Ōhiwa Harbour Implementation Forum:

1       Confirms the Ōhiwa Harbour Implementation Forum Minutes - 11 March 2021 as a true and correct record, subject to the following amendments:

·     Remove ‘Alternate’ from Deputy Mayor Andrew Iles’ title as he is the Primary Member.

Bluett/Riesterer

CARRIED

 

10.   Whakahoutanga Kōrero
Verbal Updates

10.1

Update from Whakatāne District Council

Presentation: Whakatāne District Council Update: Objective ID A3972243   

Deputy Mayor Andrew Iles provided an update on matters relevant to the Forum, as the meeting’s host.

 

Key Points:

·       Thanked Upokorehe for consultation with the roading team on safety improvements to State Highway 2 between Whakatāne and Ōpōtiki as the route was now safer and more pleasant to travel

·       Ongoing concern over state highway network flooding highlighted the need for another bridge into Whakatāne

·       Expressions of interest had been sought from tourist operators and food/ beverage vendors for the Ōhope Wharf reserve

·       Ōhope Wharf was built in the 1950’s and was undergoing an upgrade including underneath structural work (already completed) and replacement of the deck

·       This was likely the last external meeting to be held in the current Whakatāne District Council Chambers, with the building undergoing significant upgrade.  The first meeting in the new ground floor Chambers was scheduled for March 2023

In Response to Questions:

·       Noted there was a temporary speed reduction over the holiday period for part of Wainui Road and the permanent speed limit was under review.,

 

 

5.2

Chairperson's Report – Verbal Update

Tabled Document 1 - Te Waimana Kaaku letter appointing alternate member: Objective ID A3981538   

Chair Cr Toi Kai Rākau Iti presented this item.

 

Resolved

·       Noted the elevation of whakaaro Māori for treaty partnerships within the Resource Management Act (RMA) reforms

·       A new Full Time Equivalent (FTE) staff member, Melissa Saunders, had been appointed as a Land Management Officer to support Ōhiwa Harbour mahi

·       The Tino Rangatiratanga flag was now flying every day from each Bay of Plenty Regional Council office in Whakatāne, Tauranga and Rotorua

·       Welcomed Marewa Titoko to the Forum as the new alternate member for Te Waimana Kaaku

·       Outlined Regional Council’s Toi Tangata Plan.

Key Points - Members:

·       It was a positive change to see Mātauranga Māori and Māori input being sought - this needed to be championed and employed in both operational work and policy so that it became second nature

·       The utilisation of Mātauranga Māori, values and manaakitanga in everyday life was the seeking and finding of knowledge that Māori have which could assist in all aspects of mahi

·       Whakatāne District Council also had Mātauranga Māori workstreams in progress.

 

Resolved

That the Ōhiwa Harbour Implementation Forum:

1     Receives the report, Chairperson’s Report – Verbal Update;

2     Confirms the appointment of Marewa Titoki as the alternate member for Te Waimana Kaaku to the Ōhiwa Harbour Implementation Forum.

 

Bluett/Ransfield

CARRIED

 

Items for Staff Follow Up:

·       An update to be provided at a future meeting on the connection between Mātauranga Māori and State of the Environment reporting..

 

6.     Ngā Pūrongo
Reports

Hei Pānui Anake
Information Only

6.1

Engagement Opportunity - Values and Environmental Outcomes

Presentation: Engagement Opportunity - Values and Environmental Outcomes: Objective ID A3982074   

Senior Planner (Water Policy) Gemma Moleta and Planner Riki-Lee Ainsworth presented this item.

Key Points:

·       The National Policy Statement for Freshwater Management (NPS-FM) had provisions that required greater tangata whenua participation and engagement with treaty partners.  This included Te Mana o Te Wai being written into the NPS-FM; compulsory mahinga kai values and the opportunity for Mātauranga Māori to be used for measuring cultural values

·       A key feature of the Freshwater Management Unit (FMU) was that there would be a vision in the Regional Policy Statement (RPS) which would be specific to the Ōhiwa Harbour FMU, noting that the harbour was the receiving environment for fresh water

·       The group of attributes which needed to be measured included nitrogen, e-coli and sediment

·       Ambitious, but reasonable goals with timeframes would be set, informed by history and environmental pressures

·       Mahinga kai and wāhi tapu sites were only displayed on the public site if there were no sensitivity or confidentiality issues

·       There was much known about Ōhiwa Harbour, but less about the freshwater catchment and the values associated with this

·       There was opportunity to provide feedback on what was valued about specific freshwater sites and what needed changing, e.g. riparian planting or required weed control\

·       Noted that all information provided on the Participate website page was public, whereas none of the information from the tangata whenua page was shared publicly

·       There were two ways for Māori to engage under Te Honongo (the Regional Māori Engagement Plan for Implementing the NPS-FM), and multiple ways under the NPS-FM engagement process.  Kanohi ki kanohi, had been the preferred method so far, potentially due to the desire to keep particular Mātauranga information secure.

Key Points - Members:

·       Suggested community groups or a science project through schools would create opportunities to reach people and obtain the input required

·       Whakatōhea was heavily involved with freshwater as it influenced the health of the mussel farms and processing factory, including the study of water out of the rivers.  Mātauranga involved Rongoa and taiao and affected all operations, not just those pertaining to the harbour – this was about recapturing the health of the water

·       Kutarere school had science programmes underway carrying out water testing and monitoring, which included estuaries, the awa at Waiotahe and the Ōhiwa Harbour

·       Farmers’ practices around the tributaries feeding into Ōhiwa had downstream effects and the rules dictated how people utilised the land around Ōhiwa

·       Recognition of historical tuna supply and where they had gone

·       Acknowledged the continuous work of Care Groups around the waterways with fencing, riparian planting and working together for freshwater health.

In Response to Questions:

·       There were other meetings underway with community and co-governance groups, notification in the Freshwater Flash, local newspapers, Facebook and Instagram, along with a number of other types of engagement

·       Intensive community engagement was scheduled for 2023, when a clearer idea of implications was expected

·       There was a separate process for tangata whenua engagement

·       This stage of engagement was open until at least Christmas 2021, with opportunity for tangata whenua engagement to be further extended.  It was anticipated that an NPS-FM draft document would be available in 2023, with an issues and options paper for community discussion

·       Drinking water supply was one of the compulsory values under the NPS-FM which may be captured under the Three Water Reform. Improving ecosystem health would have implications on where the limits were set for stormwater and wastewater.

 

Items for Staff Follow Up:

·       The Forum to be informed if gaps were identified in the cultural values information required as Regional Council had further resources to facilitate cross cultural conversations

·       Requested a more detailed report on declining trends within the harbour and what actions were being taken to combat this

·       Arrange an opportunity for further discussion and highlighting the use of the engagement tool.

 

Resolved

That the Ōhiwa Harbour Implementation Forum:

1       Receives the report, Engagement Opportunity - Values and Environmental Outcomes.

Iti/Riesterer

CARRIED

 

10.57 am – The meeting adjourned.

11.18 am – The meeting reconvened.

 

6.2

Upokorehe pipi kaitiaki update

Presentation: Upokorehe iwi Kaitiaki update: Objective ID A3983625   

Gaylene Kohunui and Ngaire Ngamoki presented this item.

Key Points:

·       Pipi monitoring had occurred continuously from July-October 2021 during the holiday periods, with random monitoring undertaken in recent weeks

·       Over a 25 day period, there had been more than 2000 people observed collecting pipi, which could equate to 300,000 pipi taken within that timeframe

·       Was considering how to more accurately capture qualitative data

·       Critical that information on customary permit application forms was filled in correctly

·       During follow up, it was discovered that pipi was not always making it to places stated on permit applications

·       Several people being able to fill out a permit for customary takes was concerning – Fisheries New Zealand had been approached about this  and a hui would be called with permit holders to learn how to fill out permit applications correctly

·       Positive feedback had been received for the explanatory brochure on pipi harvesting in Ōhiwa Harbour

·       Decline had been noted in the pipi bed – with likely reasons being the way in which they were harvested (over-harvesting and the number of pipi wasted

·       There had been increasing disruption at the bird sanctuary from visitors and suggested improved signage

·       Provided an update on Upokorehe kaitiaki resourcing – 12 applications had been made for honorary fishery officers – 6 of which went through to final assessment with full training occurring in 2022.  This was important for kaitiaki succession planning

·       Another ongoing issue was Upokorehe whānau having to pay for their own printing, kai, travel, equipment, time and reporting, in order to be able to carry out this mahi.  They welcomed support from Bay of Plenty Regional Council and from Ōpōtiki District Council

·       With the pipi monitoring volunteers providing education and increased understanding a decline in breaches had been observed

·       Vehicles on Tokitoki Reserve continued to be an issue, however fixing bollards and erecting a chain to limit access could be considered

·       The Management Plan identified returning the pohutukawa taonga that used to be situated on Tokitoki Reserve, which had a lot of history and was currently sitting below the reserve.

Key Points - Members:

·       Abuse of customary permits was of serious concern - purpose was primarily for tangi and permit issuers would welcome feedback around breaches in this context

·       Commended the ongoing work and acknowledged the need for assistance

·       Ōpōtiki District Council would consider how to assist in the return of the pohutukawa taonga to Tokitoki Reserve, in co-operation with the Department of Conservation (DOC)

·       Noted that permit authorities anywhere had the right to write a permit and this needed to change.

Key Points - External:

·       DOC advised that they were currently working on the resource consent renewal required for Tokitoki Reserve and would follow up with Gaylene to ensure relevant concerns were being addressed.

In Response to Questions

·       To date, 500 brochures had been printed, with more than 200 distributed to people at the pipi beds, and the remainder given to organisations to hand out.  Once more were printed, costs permitting, they would be given to campgrounds etc in the area.

 

Resolved

That the Ōhiwa Harbour Implementation Forum:

1       Receives the report, Upokorehe pipi kaitiaki update.

Iles/Riesterer

CARRIED

 

6.3

Awhi Mai Awhi Atu Update

Presentation: Awhi Mai Awhi Atu Update: Objective ID A3983579   

Land Management Officer Tim Senior presented this item on behalf of Dr Kura Paul-Burke – University of Waikato.

Key Points of Presentation:

·       $3k of funding had been awarded from the Association of Sciences, Limnology and Oceanology (ASLO) to run sedimentation and water quality workshops in Ōhiwa Harbour

·       Seastar bait trapping trials had begun in the harbour, with the purpose of identifying practical seastar management methods

·       The third generation natural spat lines had been deployed during the Tangaroa phase of the maramataka

·       Patangaroa project was progressing, preliminary results for collagen testing hoped to be available by early 2022.  An article on this project would feature in NZ Seafood magazine in December 2021

·       Mapping of the pipi and tuangi beds on the Western side of the harbour had commenced with purpose of compiling the first ever combined underwater and inter-tidal mapping of pipi and tuangi beds.

In Response to Questions:

·       Suggested collaborating with the AgriSea Company in relation to extracting collagen from starfish for the purposes of cosmetics etc.

 

 

Resolved

That the Ōhiwa Harbour Implementation Forum:

1       Receives the report, Awhi Mai Awhi Atu Update.

Iles/Riesterer

CARRIED

 

6.4

Baseline investigation of microplastic pollution in sediment and bivalves in the Bay of Plenty

Presentation: Microplastics investigation in the Bay of Plenty: Objective ID A3979557   

Anita Lewis, University of Waikato presented this item.

Key Points of Presentation:

·       Microplastics were plastic particles smaller than 5mm in diameter

·       Entered marine environments through urban wastewater and drainage systems – wastewater treatment plants only caught macro plastics

·       Microplastics bioaccumulated in the food web, with impacts on wildlife, marine life and humans

·       Research showed this could affect reproductive qualities and growth of fish and shellfish

·       There was potential for economic impact on the aquaculture export industry

·       Sediment sampling had been carried out in locations from Waihi Beach to Ōpōtiki, including Ōhiwa Harbour

·       75% of Microplastics detected were microfibres from clothing, with 23% fragments and 2% film

·       There were microparticles found in tuatua at each sampling location

·       There was scope for future research and it was currently uncertain if the shellfish were mistaking microplastics for a food source.

Key Points - Members:

·       Acknowledged the serious nature of the information and the importance of this research to start understanding the scale of the problem.

In Response to Questions:

·       Microplastics were endocrine blockers and carcinogenic, with  no safe level - the more ingested, the more potential for health issues

·       Thresholds had not yet been established due to the early nature of this research

·       Further research was being undertaken to look at Microplastic content in both the gut and the tissue of fish.

 

Resolved

That the Ōhiwa Harbour Implementation Forum:

1       Receives the report, Baseline investigation of microplastic pollution in sediment and bivalves in the Bay of Plenty.

Ransfield/Titoki

CARRIED

 

6.5

Ōhiwa Harbour Marshbird Survey 2020

Presentation: 2020 Marshbirds Survey: Objective ID A3983408   

Environmental Data Officer Lisa Bevan presented this item.

Key Points of Presentation:

·       Regular surveys had been conducted since 2010 after the Ōhiwa Harbour Strategy was established

·       The survey focused on five birds: banded rail, marsh crake, spotless crake, bittern and fernbird

·       Bittern was classified as nationally critical (the same as kakapo), with the other four species classified as at risk/declining

·       Outlined where each bird was found within the harbour

·       Due to nesting habits, they were vulnerable to predation or any changes/degradation to their habitat

·       First marsh crake ever recorded in the survey and although little was known about them, it was a positive addition to the list of rare birds in Ōhiwa Harbour

·       The most common threats to habitat included human activity, grazing and pests.  Staff would follow up with landowners at the four sites where grazing had been identified as a threat

·       Data from Nukuhou Saltmarsh Care Group highlighted how successful pest control could be for these species. The group recorded 10 fernbirds in their 2003 survey, compared to 93 in 2020.

In Response to Questions:

·       Mangrove control was not contrary to bird habitat as it had a focus on seedlings and it was the larger mangroves that the banded rail used for cover.

 

Resolved

That the Ōhiwa Harbour Implementation Forum:

1       Receives the report, Ōhiwa Harbour Marshbird Survey 2020.

Mortensen/Ransfield

CARRIED

 

6.6

State of Environment for Ōhiwa Harbour and Catchment - 2021 Interim report

Presentation: State of the Environment Interim Report for Ōhiwa Harbour and catchment 2021: Objective ID A3983407   

Environmental Data Officer Lisa Bevan presented this item, supported by Coastal Catchments Manager Pim de Monchy and Land Management Officer Tim Senior.

Key Points of Presentation:

·       Advised that this was an annual interim report, with a comprehensive analysis provided in a State of the Environment report (SOE) every five years

·       The biggest issue identified for Ōhiwa Harbour in the 2018 SOE was the estuary bed habitat health being moderate to poor due to the amount of fine mud.  Monitoring over the summer period showed no change in the health of the estuary bed

·       Five water quality parameters showed a worsening short term trend in the Nukuhou River

·       The water quality monitoring for swimming and shellfish showed no exceedances, therefore swimming and shellfish consumption remained safe

·       Short term trends in graphs were also impacted by short term climate changes that may affect water quality

·       Nukuhou suitable whitebait habitat had been given a moderate score

·       A collaborative new programme monitoring bittern across the Bay of Plenty used acoustic recorders, including five in Ōhiwa, for which there would be an update provided next year

Key Points - Members:

·       Highlighted the importance of Pataua Island to Upokorehe

·       Black swans in the harbour were an ongoing issue, they impacted the harbour by eating seagrass that was kai for fish species, including snapper.

In Response to Questions:

·       Finding the right people at the right time for culling black swans had been a major challenge, combined with pressure from Fish and Game New Zealand who held a different opinion to the Forum around tolerable density when it came to black swans

·       The current impact of black swans on the sea grass, and the wider impacts on other species in the harbour, were visible though not yet deemed significant

·       Black swans were classified by Fish and Game New Zealand as a game bird and there was a special swan season weekend in February each year allowed through the Eastern Bay of Plenty Fish and Game Council that should be taken advantage of, noting permission from relevant landowners was required if private land was involved.

 

Items for Staff Follow Up:

·       Report back to the Forum on the monitoring outcomes of the Nukuhou farm new effluent system and related downstream effects at Kutarere.

 

Resolved

That the Ōhiwa Harbour Implementation Forum:

1       Receives the report, State of Environment for Ōhiwa Harbour and Catchment - 2021 Interim report;

2       Requests a report on the impact of the black swans on the Ōhiwa Harbour sea grass and food chain;

3       Writes a letter to the Fish and Game Council requesting an extension to the hunting season for black swans under the Wildlife Act 1953 for Ōhiwa Harbour;

4       Requests that the Regional Council carries out black swan control during any black swan hunting seasons to reduce the impact on seagrass.

Ransfield/Mortensen

CARRIED

 

6.7

Responses to Ōhiwa Harbour Implementation Forum submissions on Council Long Term Plans

Department of Conservation (DOC) Community Ranger Whitney Nelson responded to questions.

Key Points:

·       Waste Minimisation Plan had to be submitted once publicly notified so that it could be correctly captured.

 

Items for Staff Follow Up:

·       Staff to monitor progress on the actions and report back to the Forum at a future meeting.

 

Resolved

That the Ōhiwa Harbour Implementation Forum:

1     Receives the report, Responses to Ōhiwa Harbour Implementation Forum submissions on Council Long Term Plans.

Iles/Bluett

CARRIED

 

 

6.8

Ōhiwa Harbour Strategy annual work programme report for the year ending 30 June 2021

Presentation: Ōhiwa Work Programme Report 2021: Objective ID A3979607

Land Management Officer Tim Senior presented this item.

Key Points:

·       Over the past year, staff had worked with farmers to fence off almost 35km of streams

·       A demonstration was given of a new dashboard system that captured work undertaken, and could be filtered in a variety of ways, including by catchment.

Key Points - Members:

·       It was important to understand why any actions were highlighted red in in the work programme progress column (i.e. not completed), and requested accompanying reason/s in future reports to identifying what was not working and why

·       Raised the issue of silt and mangroves causing flooding at Kutarere – the awa was narrower due to being blocked.

In Response to Questions:

·       Noted that some improvements had been made at Kutarere, however the expertise required to unblock the stream was complex and involved an engineering assessment, which would be undertaken, although outside the scope of the Forum.

 

Items for Staff Follow Up:

·       Follow up with the Rivers and Drainage team and liaise with Upokorehe regarding the flooding situation at Kutarere and options to identify a way forward for this significant problem.

 

Resolved

That the Ōhiwa Harbour Implementation Forum:

1       Receives the report, Ōhiwa Harbour Strategy annual work programme report for the year ending 30 June 2021.

Iles/Riesterer

CARRIED

 

7.     Karakia Kati
Closing Karakia

A karakia was provided by Charlie Bluett.

 

1.43 pm – the meeting closed.

 

 

Confirmed 26 April 2022                                                               

                                                                                Cr Toi Kai Rākau Iti

Chairperson, Ōhiwa Harbour Implementation Forum


Regional Transport Committee Minutes

15 March 2022

 

Regional Transport Committee

Open Minutes

Commencing:             Tuesday 15 March 2022, 9.30 am

Venue:                         Via Zoom (Audio Visual Meeting)

Chairperson:               Cr Lyall Thurston - Bay of Plenty Regional Council

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

Members:                    Mayor Steve Chadwick - Rotorua Lakes Council, Commissioner Stephen Selwood – Alternate, Tauranga City Council, Cr David Moore – Alternate, Ōpōtiki District Council, Deputy Mayor John Scrimgeour – Alternate, Western Bay of Plenty District Council, Deputy Mayor Andrew Iles – Alternate, Whakatāne District Council, Jessica Andrew – Alternate, Waka Kotahi NZ Transport Agency, Angus Hodgson – KiwiRail (non-voting)

External Advisors:      Brent Crowe – NZ Police Road Safety Advisor, Dan Kneebone – Port of Tauranga Advisor, Glen Crowther – Environmental Sustainability Advisor, John Galbraith – Freight Advisor

In Attendance:            Bay of Plenty Regional Council: Fiona McTavish – Chief Executive, Cr Andrew von Dadelszen, Cr David Love, Cr Kevin Winters, Cr Matemoana McDonald, Namouta Poutasi – General Manager, Strategy and Science, James Llewellyn – Transport and Urban Planning Manager, Lorraine Cheyne – Team Leader, Transport and Urban Strategy, Simon  Bell – Transport Systems Team Leader, Andrew Williams – Senior Transport Planner, Katri Harmoinen – Transport Planner, Amanda Namana – Committee Advisor

                                    External: Cr Gavin Dennis – Whakatāne District Council, Lorreen Hartley – Community Development Advisor, Whakatāne District Council, Mike Faulkner, Bryce Donne, Nick Reid – Principal Planning Advisor, Waka Kotahi NZ Transport Agency

Apologies:                  Mayor Judy Turner - Whakatāne District Council, Mayor Garry Webber - Western Bay of Plenty District Council, Mayor Malcolm Campbell - Kawerau District Council, Mayor Lyn Riesterer - Ōpōtiki District Council, Deputy Mayor Faylene Tunui - Alternate, Kawerau District Council, David Speirs – Waka Kotahi NZ Transport Agency, Helen Rogers - KiwiRail

Please note: This meeting was livestreamed and recorded and can be accessed on Council’s YouTube channel: Regional Transport Committee - 15 March 2022 - YouTube

1.     Apologies

Resolved

That the Regional Transport Committee:

1       Accepts the apologies from Mayor Judy Turner, Mayor Garry Webber, Mayor Malcolm Campbell, Mayor Lyn Riesterer, Deputy Mayor Faylene Tunui, David Speirs and Helen Rogers tendered at the meeting.

Thurston/Chadwick

CARRIED

2.     Public Forum

2.1

Mike Faulkner (resident of Redwood Lane and owner of industrial property within the Tauriko Business Estate) and Bryce Donne (director of Element IMF -  primary developer of Tauriko Business Estate)

Presentation: Tauriko Business Estate bypass options: Objective ID A4057117 

Presentation: Tauriko Business Estate Stage 3A and 4: Objective ID A4057119

 

Key Points of Presentation:

·    Had been involved in facilitating a Tauriko bypass since 2004 and although a State Highway 29 upgrade was near selection, considered there was still an opportunity to secure a route similar to the original bypass 

·    Displayed the proposed bypass route and future link road on a map

·    Outlined benefits including multi-modal outcomes and addressing current congestion issues

·    This option also included Ōmanawa traffic, which was not addressed in the current option and was an important future consideration.  The route passed through rural areas, and did not agree that this was a more expensive option than the proposed route

·    The trade route to the Port of Tauranga was a key consideration which needed to be protected and remain resilient.

Key Points - Members:

·    Tauranga City Council supported the State Highway 29 upgrade being completed within ten years and expressed concern over the time it may take to reconsider a new proposal

·    A detailed business case for the long term solution would be presented to the Waka Kotahi Board in August 2022 and there was landowner consultation underway in March, with public engagement in May on the details of the proposal.  This option had been under consideration previously and was found to be more expensive and not perform better than the preferred option

·    Waka Kotahi provided a link to further information on assessments and work undertaken on the southern bypass: Tauriko Network Plan | Waka Kotahi NZ Transport Agency (nzta.govt.nz)

In Response to Questions:

·    A business case for the interim upgrades, separate to the long term upgrades, had recently been completed and would be considered by the Waka Kotahi Board in April 2022

·    An arterial route for public transport access was focused on The Crossing shopping centre and residential growth areas.

 

Items for Staff Follow Up:

·    Waka Kotahi to clarify for members the price difference of approximately 40% of the three options that went out for public consultation and if each of those were less expensive than this proposal.

3.     Declaration of Conflicts of Interest

None declared

4.     Minutes

Minutes to be Confirmed

4.1

Regional Transport Committee Minutes - 5 November 2021

Matters Arising

In relation to Minute Item 7.2 and Resolution 2 that a working party be established to provide best practice process for the Regional Land Transport Plan (RLTP) review, Members raised the following:

·    Expressed concern that the judicial review of the process used for the National Land Transport Plan (NLTP) development provided some uncertainty and risk for the RLTP  – Waka Kotahi responded that as there was  significant work ahead  and litigation would be slow, the best course of action at present was to continue as per standard practice.

 

Resolved

That the Regional Transport Committee:

1       Confirms the Regional Transport Committee Minutes - 5 November 2021 as a true and correct record.

Nees/Chadwick

CARRIED

5.     Reports

5.1

Chairperson's Report

Presentation: Eastern Bay of Plenty Road Safety Operational Group: Objective ID A4057120   

Chair Cr Thurston, General Manager Strategy and Science Namouta Poutasi and Transport and Urban Planning Manager James Llewellyn presented this item.

Key Points - Members:

·    Noted that running low patronage or empty buses actually increased emissions and highlighted a critical need to increase patronage, routes and volumes of people using buses to make a significant impact on carbon reduction.

In Response to Questions:

·    Travel demand management and behaviour change work was primarily focused on personal travel e.g. education, work and social reasons.  Staff were interested to understand potential opportunities to increase the scope to cover freight/ freight generating movements

·    The review of the Road User Charges (RUC) system was a broad piece of work that would not include dynamic variable road user pricing, although these factors were considered within other pieces of work

·    There was a strong desire to accelerate the provision of the Tauranga City Centre public transport facility as it was central to the CBD development, this still had to follow due process for the business case and evaluation. 

Eastern Bay of Plenty Operational Road Safety Group update

Presented by: Cr Gavin Dennis – Whakatāne District Council and Lorreen Hartley - Community Development Advisor, Whakatāne District Council

Key Points of Presentation:

·    Highlighted the continuing focus on key issues in relation to serious crashes and fatalities – alcohol, speed and driving too fast for the conditions

·    Outlined some of the promotions underway to combat these issues

·    Promotions were also undertaken on safety around driveways for children returning to school as community feedback highlighted concern in this area

·    Detailed concerns the Road Safety Group held around five Waka Kotahi reviews in the Eastern Bay of Plenty and requested cohesive communication and collaboration around these reviews to achieve common goals.

 

Items for Staff Follow Up:

·    Raised the issue of how the Operational Road Safety Groups report/ present to the Committee on more significant issues and requested information on how to form better collaboration in the future

·    Noted that for the work programme updates on page 24-25 of the agenda, work was in progress on items 6-10, therefore requested staff work together with Tauranga City Council to update this information in future reports.

 

Resolved

That the Regional Transport Committee:

1       Receives the report, Chairperson's Report.

Thurston/Chadwick

CARRIED

 

 

5.2

Waka Kotahi NZ Transport Agency Quarterly Update

Presentation: Waka Kotahi NZ Transport Agency Quarterly Update: Objective ID A4057121   

Regional Manager System Design (Waikato Bay of Plenty) Jessica Andrew and Principal Planning Advisor Nick Reid presented this item.

Key Points of Presentation:

·    Outlined the 30-Year Plan: Baseline Network Version which was a digital tool released on 14 March 2022, with the next version expected to be released later in the year

·    The challenges with the last NLTP highlighted the inadequacies of the current system and a land transport revenue review was underway

·    A new regulatory funding model had been developed to improve compliance and safety outcomes

·    The speed management framework was being updated to implement changes and make it more fit for purpose

·    Waka Kotahi would be taking over responsibility for safety cameras from NZ Police around mid-2023 and was considering a new approach

·    Outlined the results from a survey undertaken on public attitudes to road safety

·    Provided an update on the speed and infrastructure programme and on Bay of Plenty projects and maintenance programmes.

Key Points - Members:

·    Supported being involved in a demonstration of the Baseline Network tool

·    Reviewing the process and the alignment of the RLTP and the NLTP would become an increasingly complex issue to align with Council’s Long Term Plans, the development of the Government Policy Statement (GPS) and any central government changes.  This would be further complicated by the new regional spatial strategies and the national and regional reductions plans and budgets.

In Response to Questions:

·    The development of the 30-Year Plan came out of the existing Arataki 10-year view and was extended out with a longer term direction, whilst also providing a moving 10 year slice

·    Currently the 30-Year Plan only detailed projects that were already committed to and may be integrated with investment planning

·    How to bring future opportunities into the tool was being considered as it could be a shared place where key priorities were known

·    The Resource Management Act (RMA) reform that was bringing in the spatial planning strategies was the overarching piece of work which would address alignment of all the priorities, with the land transport revenue review being a smaller component

·    Western Bay of Plenty District Council had submitted an application to the Infrastructure Acceleration Fund (IAF) for the Ōmokoroa interchange, with  decisions expected late April 2022.

 

Resolved

That the Regional Transport Committee:

1       Receives the report, Waka Kotahi NZ Transport Agency Quarterly Update.

Thurston/Scrimgeour

CARRIED

 

 

 

Chairperson's Report (Continued)

 

NZ Police Road Safety update

Presented By: Inspector Brent Crowe – Bay of Plenty Road Policing Manager

Key Points:

·    There were no fatalities or serious injuries recorded in January/February 2022 in the Western Bay of Plenty

·    There was one serious injury in Murupara which involved loss of control caused by excessive speed

·    Mt Maunganui had one fatality in March 2022 to date, initial investigation showed that this again was due to excessive speed (well in excess of the posted speed limit) and impairment

·    Two fatalities for February/March 2022 in the Eastern Bay of Plenty, likely causes being distraction and restraints, and one serious injury caused by inappropriate speed.  An additional motorcycle fatality appeared to be due to poor judgement or potential lack of experience

·    Rural and state highway locations were still a strong focus, as were impairment due to drugs, alcohol and fatigue

·    Increasing deliberate and aggressive acts were being observed by drivers

·    Extremely High speeds were being observed, particularly on rural roads (30-100km/hour over posted speed limits).  This presented enforcement challenges to the police in being able to apprehend suspects

·    An emerging trend was off-road motorcycle use increasing in urban areas, which included unregistered/ unwarranted trail bikes driven by unlicensed drivers not wearing helmets

·    Supported being part of the process for motorists travelling at safe speeds through roadworks, noted the importance of signage being appropriate and correct for timing of works on each stretch of road

·    Appreciated collaboration with Waka Kotahi and looked forward to regular meetings and updates.

Key Points - Members:

·    Rotorua Lakes Council commended police for their co-operation on a community safety strategy and the collaborative sharing of information.

 

Decisions Required

5.3

Regional Land Transport Plan variation

Senior Transport Planner Andrew Williams presented this item.

 

Resolved

That the Regional Transport Committee:

1       Receives the report, Regional Land Transport Plan variation;

2       Approves the proposed variation to the Bay of Plenty Regional Land Transport Plan 2021-31 to update a funding category to ensure the Activity Management Plans for Tauranga City Council, Rotorua Lakes Council and Whakatane District Council are adequately funded, as intended, through the National Land Transport Programme;

3       Notes that the proposed variation to the Bay of Plenty Regional Land Transport Plan 2021-31 to update a funding category to ensure the Activity Management Plans for Tauranga City Council, Rotorua Lakes Council and Whakatane District Council are adequately funded, as intended, through the National Land Transport Programme is not significant for the purposes of public consultation.

Chadwick/Thurston

CARRIED

Information Only

5.4

Regional Land Transport Plan - Annual Monitoring and Dashboard

Presentation: KPI reporting on the Regional Land Transport plan: Objective ID A4057173   

Senior Transport Planner Andrew Williams presented this item.

Key Points:

·    Previous KPI reporting had been presented via the Annual Report Card.  The RLTP interactive dashboard was in a transitional phase, with further data to be updated before it was publicly available

·    Although there were a number of KPI’s showing insufficient data inputs, almost half were due to a survey delayed through Covid-19 and staff were working with Waka Kotahi and the Ministry of Transport to fill the other data gaps

·    Displayed the 2020/2021 year and demonstrated how to use the dashboard including how to view data from previous years

·    There was currently no transport emissions data available in the dashboard and staff were working with Waka Kotahi and the Ministry of Transport to rectify this, central government releasing the national Transport Emissions Reduction Plan (TERP) in late May 2022 may provide a source to do this and could link to work underway with transport emissions work at a regional level

·    The next phase of the project would add another tab with graphs and tables which could be used to understand the trends of KPI’s across time, the baseline and historical data.

Key Points - Members:

·    Commended the tool as a positive step forward in the ability to recognise trends.

In Response to Questions:

·    The tool had potential to develop further, however this was contingent on resourcing and costs.  More comprehensive KPI’s and data sets could be considered within the next RLTP.

 

Items for Staff Follow Up:

·    Confirm what network reliability measures were used and how this was calculated in order to better understand the data.

 

Resolved

That the Regional Transport Committee:

1       Receives the report, Regional Land Transport Plan - Annual Monitoring and Dashboard.

Thurston/Nees

CARRIED

 

 

5.5

The Development of a Transport Emission Reduction Plan (TERP) for the Bay of Plenty

Transport and Urban Planning Manager James Llewellyn and Transport Planner Katri Harmoinen presented this item.

Key Points:

·    The TERP was a timely piece of work and a first step in understanding how the transport system would be decarbonised over time

·    Getting better data to understand the scope of the problem and how to target the most promising initiatives to achieve carbon reduction was critical

·    Noted that central government had announced three months of half price public transport fares on council provided services from 1 April 2022 – 1 June 2022

·    The largest impact on greenhouse gas emission reduction, particularly in the short term was likely to be through mode shift.

Key Points - Members:

·    Tauranga City Council had commissioned BECA to develop a carbon emissions model for Tauranga City, which would be a key input into the TERP and for future thinking in the Tauranga Spatial Plan (TSP).

In Response to Members:

·    It was important in service planning concepts to ensure that buses were able to cope with peak demand travel, and there needed to be a balance between understanding peak and off-peak demand for services.

 

Resolved

That the Regional Transport Committee:

1       Receives the report, The development of a Transport Emission Reduction Plan (TERP) for the Bay of Plenty.

Thurston/Scrimgeour

CARRIED

 

         

6

Verbal Update Opportunity from Committee Members and Advisors

 

 

Mayor Steve Chadwick – Rotorua Lakes Council:

·    Was undertaking a transport study of how people travelled in and out of the CBD, to help inform future planning.

Deputy Mayor Andrew Iles – Whakatāne District Council:

·    Commended David Speirs – Waka Kotahi for meeting with councillors and roading staff and providing information around issues specific to State Highway 30, State Highway 2 and the vulnerability of Pekatahi Bridge

·    Requested continuity of speed reforms across the entire state highway network.

Angus Hodgson – KiwiRail:

·    Acknowledged the benefit of having a connection point through becoming a member of the Regional Transport Committee

·    Confirmed that  KiwiRail would report to the Committee annually, beginning in August 2022

·    KiwiRail would be making a submission to the RUC review and aimed to ensure any changes made in the system were sensible for the overall transport system.

 

Glen Crowther – Environmental Sustainability Advisor:

·    Noted the biggest increase of CO2 emissions in history over the past year, mainly from coal and gas at a global level, and stressed the importance of accelerating local action as transport emissions began to rise again.

 

John Galbraith – Freight Advisor

·    The discussion document, Driving Change: reviewing the RUC system was of particular interest to the freight industry and noted that submissions were closing in April 2022.

 

Dan Kneebone – Port of Tauranga Advisor

·    Reinforced that the Port was continuing to experience congestion issues and was motivated to see progress on investment in the local road networks to address this, particularly for Hewletts Road and Totara Street.

 

 

 

 

 

 

 11.59 am – the meeting closed.

 

 

Confirmed 19 May 2022                                                                 

                                                                                   Cr Lyall Thurston

Chairperson, Regional Transport Committee


Te Maru o Kaituna River Authority Minutes

25 February 2022

 

Te Maru o Kaituna River Authority

Ngā Meneti

Open Minutes

Commencing:             Friday 25 February 2022, 9.30 am

Venue:                         Via Zoom (Audio Visual Meeting)

Heamana

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

Heamana Tuarua

Deputy Chairperson: 

Ngā Kopounga

Members:                    Bay of Plenty Regional Council

                                    Cr Jane Nees (Alternate)

Tapuika Iwi Authority

Dean Flavell

Te Tahuhu o Tawakeheimoa Trust

Erin Thompson (Alternate)

Te Pumautanga o Te Arawa

Rawiri Kingi (Alternate)

Rotorua Lakes Council

Cr Tania Tapsell (Rotorua Lakes Council)

Western Bay of Plenty District Council

Cr Grant Dally

Tauranga City Council

Commissioner Shadrach Rolleston

Commissioner Bill Wasley (Alternate)

Informal Members:     Te Komiti Nui o Ngāti Whakaue

                                    Maru Tapsell

                                                      Manu Pene (Alternate)

                                                      Bay of Plenty Regional Council

                                                      Cr Te Taru White

Te Hunga i Tae Ake

In Attendance:            Bay of Plenty Regional Council: Pim De Monchy – Coastal Catchments Manager, Jo Watts – Senior Planner (Water Policy), Reuben Gardner – Senior Planner (Water Policy), Fiona Wood – Programme Coordinator Integrated Catchments, Rawiri Bhana – Māori Policy Advisor, Gina Mohi – Pūtaiao Mātauranga, Anaru Vercoe – Pou Whainga Principal Advisor, Clarke Koopu – Senior Advisor (Treaty), Sam Whittle – Communications Partner, Jenny Teeuwen – Committee Advisor

Western Bay of Plenty District Council: Matthew Leighton – Senior Policy Analyst

External: Mokoera Te Amo – Tapuika Iwi Authority and Te Kapu o Waitaha

Ngā Hōnea

Apologies:                  Nick Chater, Geoff Rice, Piki Thomas and John Scrimgeour (for absence), Erin Thompson and Nicki Douglas (for lateness)

 

 

1.     Chair’s Opening Statement

In order for a quorum to be present at the beginning of the meeting, Cr Matemoana McDonald, Deputy Chair, assumed the Chair to enable Dean Flavell, Chair, to act as the Tapuika Iwi Authority representative.

Cr McDonald formally opened the Zoom hui and advised that the hui was being recorded and that the recording would be uploaded to the Bay of Plenty Regional Council website and could be accessed via this link: Te Maru o Kaituna River Authority Meeting Zoom Recording 25 February 2022 - YouTube

 

 

2.     Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Dean Flavell.

 

3.     Ngā Hōnea
Apologies

Resolved

That Te Maru o Kaituna River Authority:

1       Accepts the apologies from Nick Chater, Geoff Rice, Piki Thomas and John Scrimgeour for absence, and from Erin Thompson and Nicki Douglas for lateness, tendered at the meeting.

Flavell/Dally

CARRIED

 

 

 

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

None declared.

 

2.     Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

2.1

Te Maru o Kaituna River Authority Minutes - 19 November 2021

 

Resolved

That Te Maru o Kaituna River Authority:

          Confirms the Te Maru o Kaituna River Authority Minutes - 19 November 2021 as a true and correct record.

Nees/Flavell

CARRIED

 

 

3.     Whakahoutanga Kōrero
Verbal Updates

3.1

Chairperson's Verbal Update

Presented by:   Dean Flavell - Tapuika Iwi Authority, and Cr Grant Dally – Western Bay of Plenty District Council

 

Mr Dean Flavell provided updates on the following:

Secretariat Update

Key Points

·       An appointment to the Secretariat position for the Rangitāiki River Forum and Te Maru o Kaituna River Authority (TMoK) had been made.

·       The Chairs of both Forums would work together to identify the key items to be addressed by the Secretariat position in the first year.

AFFCO consent pre-hearing meeting

Key Points

·       TMoK had submitted to the AFFCO consent.  A pre-hearing meeting had been held last week that was well attended by iwi.

 

 

·       A site visit of the Rangiuru AFFCO site was undertaken immediately following the pre-hearing meeting.

·       Ongoing discussions were required to ensure alignment and agreement between all interested parties.

Freshwater Vision letter

Key Points

·       As Chairperson of Te Maru o Kaituna River Authority Mr Flavell confirmed that he had received a letter from Sue Simpson, Planning Coordinator (Freshwater) on behalf of Reuben Gardiner, Senior Planner (Water Policy),  but had not yet responded as he would like to hear comments from the Forum first.  This would be discussed further as part of the Essential Freshwater Policy Programme 2022 item scheduled for later in the meeting.

Navigation Safety Bylaw Review

Key Points

·       Consultation on the Navigation Safety Bylaw review had not yet occurred.

·       A panel would be appointed to hear submissions.  The panel would be made up of four Regional Council representatives and four iwi representatives, one of each for the four areas - Eastern Bay of Plenty, Rotorua, Western Bay of Plenty, and Tauranga.

·       Nominations for the four iwi representatives would be sought from the co-governance entities of each of the four areas.

·       There was still a lot of bylaw development work to be done before the bylaw would be ready to go out for submissions.

In Response to Questions

·       The proposed four Regional Council representatives were Cr von Dadelszen (Tauranga), Cr Nees (Western Bay of Plenty), Cr Winters (Rotorua) and Cr Iti (Eastern Bay of Plenty).

Te Maru o Kaituna River Authority – Tapuika/Waitaha vacancy

Key Points

·       Mokoera Te Amo had been suggested as a possible iwi representative to fill the Tapuika/Waitaha vacancy for this forum.

·       The appointment had yet to be confirmed.

Cr Grant Dally provided the following update:

Western Bay of Plenty District Council (WBOPDC)

Key Points

·       WBOPDC continued to work with marae in the district regarding wastewater reticulation and on site treatment options, with On-Site Effluent Testing (OSET) upgrades scheduled to occur over the next few months.

·       Design and modelling work continued for the Te Puke Wastewater Treatment Plant upgrade.

 

 

·       WBOPDC would meet with the Department of Internal Affairs (DIA) next Monday for a one-on-one discussion on the future for local government.

 

 

4.     Ngā Pūrongo
Reports

Hei Pānui Anake
Information Only

4.1

Kaituna Catchment Operations Update

Presented by:   Pim de Monchy, Coastal Catchments Manager

Key Points

·      The report provided updates on maritime safety around the Kaituna and the Kaituna Mole upgrade.

In Response to Questions

·       A poutama design had been incorporated into the resurfacing of the mole.

 

 

Resolved

That Te Maru o Kaituna River Authority:

1       Receives the report, Kaituna Catchment Operations Update.

Flavell/White

CARRIED

 

 

4.2

Te Maru o Kaituna Action Plan Status Report December 2021-February 2022

Presented by:   Pim de Monchy, Coastal Catchments Manager

Key Points

·       The Te Maru o Kaituna Action Plan Status Report was presented in a new format following feedback received at the 19 November 2021 meeting.

·       Further feedback on the new format and content was welcomed.

·       Updates were provided for each project.

In Response to Questions

·       Whilst the Kaituna Road drain plantings were growing nicely, water quality results could not be correlated with the work because only parts of the drain had been changed.  An example of best practice drain implementation where water quality could be monitored was the Te Arawa Management Ltd dairy farm at Maketū.

 

 

 

·       It was important that the most appropriate plants were planted and conversations between staff and tangata whenua were ongoing to ensure this happened.

·       Cultural impact assessments (CIA) for the Ford Road Pump Station had not yet been commissioned.  Tapuika Iwi Authority had expressed a wish to provide a CIATe Rūnanga o Ngāti Whakaue ki Maketū had yet to confirm whether they wished to provide a CIA. 

·       Trials on floating wetlands using drains as water filters were still ongoing but current results had indicated that whilst the process worked, it was not cost effective, with costs exceeding the benefits.

·       Regional Council recognised that the status quo did not meet some ecological and cultural values in the receiving environment of the Kaituna River.  The River Document and Action Plan went a long way to identifying what actions were required for the receiving environment to be restored to moderate health.

·       Compliance monitoring for OSET ranged from domestic to large pack houses, and also included the Papamoa Hills Regional Park.

·       Low risk compliance signalled a technical non-compliance, whereas moderate or significant non-compliance signalled an adverse environmental effect or a significant adverse environmental effect.

·       13 of the 14 significant non-compliances for consented takes and discharges were technical in nature.  One was related to the discharge from a Waste Water Treatment Plant at Maketū which had caused ponding issues in the disposal area.  This was currently under investigation.

10.38 am - Erin Thompson entered the meeting.

·       Takes and discharges consents across the catchment were tracked and checked for compliance.

·       Significant non-compliance issues for consented takes and discharges would be reported in more detail in the status report going forward.

·       How projects were prioritised was dependent on the entity identified as the lead for each project.

·       The Coastal Park Network project was identified in the status report but had not yet started.

Key Points - Members

·      General support for the report’s new format was indicated.

·      Keeping in touch with iwi across this space would continue to be important.

·      With the recent Secretariat appointment, Te Maru o Kaituna River Authority now had a dedicated resource to help progress the projects that they were the lead for.

·      Timeframes for the Pataka Kai project had been amended to better align with Matariki and the lunar calendar.

·      There was commonality between projects nine, thirteen and sixteen and how these might be merged was under consideration.

 

 

Resolved

That Te Maru o Kaituna River Authority:

1       Receives the report, Te Maru o Kaituna Action Plan Status Report December 2021-February 2022.

White/Pene

CARRIED

 

4.3

Te Puke/Maketu Reserve Management Plan Review

Presented by:   Matt Leighton, Senior Policy Analyst, Western Bay of Plenty District Council.

 

Key Points

·       Submissions to the Te Puke/Maketū Reserve Management Plan Review were encouraged.  Submissions closed on 24 April 2022.

Items for Staff Follow Up (WBOPDC)

·       Staff to provide a presentation on this topic at the next meeting.

·       Staff to follow up with Manu Pene regarding his request that this item be presented to Ngāti Whakaue at Maketū.

 

 

Resolved

That Te Maru o Kaituna River Authority:

1       Receives the report, Te Puke/Maketu Reserve Management Plan Review.

Flavell/Thompson

CARRIED

 

 

4.4

Essential Freshwater Policy Programme 2022

Presented by:   Jo Watts, Senior Planner (Water Policy)

Presentation:   Freshwater Vision: Objective ID A4048219   

Key Points

·       A three person panel for Regional Policy Statement (RPS) Proposed Change 5 - Kaituna River Hearing, had been confirmed by the Freshwater Commissioner, and included Antoine Coffin as Chair of the panel, Rawiri Faulkner as the iwi nominee, and Councillor Andrew von Dadelszen as the Regional Council nominee.

·       The main focus of the Essential Freshwater Policy Programme (EFPP) for 2022 would be setting the vision and the development of outcomes, targets and limits.

·       The current key task was to try and progress the example long-term vision.

·       Direction was being sought on whether TMoK were comfortable to endorse the example Kaituna vision for iwi and community engagement, and whether TMoK wished to provide any specific feedback to Toi Moana in response to the Freshwater Vision letter (Attachment 2).

In Response to Questions

·       The letter referred to a vision for freshwater for the whole region.  It did not take away from the visions for the Kaituna and Rangitāiki.

·       There were common synergies and good alignment between the existing documents that the example vision was based on.

 

 

Key Points - Members

·       It was suggested that a (Zoom) hui be held with staff and the Chairs and Deputy Chairs of the co-governance groups to discuss how gaining an across region approval for a vision could be achieved.

·       It was important that the vision work already undertaken in iwi management plans was also included in any freshwater vision discussions.

·       Low water flows and levels across the region would require other options for water harvesting to be considered.

 

 

Resolved

That Te Maru o Kaituna River Authority:

1       Receives the report, Essential Freshwater Policy Programme 2022.

Nees/White

CARRIED

 

 

5.     Karakia Kati
Closing Karakia

A karakia was provided by Manu Pene.

12.22pm  – the meeting closed.

 

 

Confirmed 20 May 2022                                                                 

                                                                                            Dean Flavell

Chairperson, Te Maru o Kaituna River Authority


Rotorua Te Arawa Lakes Strategy Group Minutes

20 April 2022

 

Rotorua Te Arawa Lakes Strategy Group

Ngā Meneti

Open Minutes

Commencing:             Wednesday 20 April 2022, 09:30am

Venue:                         Bay of Plenty Regional Council, Waiariki Room, Corner Fenton & Pukaki Streets, Rotorua and via Zoom (Audio Visual Meeting) (Rescheduled from 8 April 2022)

Heamana

Chairperson:               Sir Toby Curtis (Poū Tākiwaiora)

Heamana Tuarua

Deputy Chairperson:  Mayor Steve Chadwick (Rotorua Lakes Council)

Ngā Kopounga

Members:                    Rotorua Lakes Council (RLC):

                                    Deputy Mayor David Donaldson

Te Arawa Lakes Trust (TALT):

Arapeta Tahana (Via Zoom); Rangitihi Pene (Alternate)

Bay of Plenty Regional Council Toi Moana (BOPRC Toi Moana):

Chairman Doug Leeder; Cr Kevin Winters; Cr Te Taru White (Alternate)

Observer from Ministry for the Environment (MfE) (Via Zoom):

Lorena Stephen - Director of Sustainable Land Use Delivery

Te Hunga i Tae Ake

In Attendance:            TALT: Geoff Rolleston – Interim Chairman; Karen Vercoe – Chief Executive; Nicki Douglas – Environmental Manager; Mariana Te Rangi – Biosecurity Co-ordinator

RLC: Geoff Williams – Chief Executive; Stavros Michael – Deputy Chief Executive Environmental and Infrastructure Solutions; Gina Rangi – Deputy Chief Executive Te Arawa Partnerships; Regan Fraser - Infrastructure Business Manager (Via Zoom)

BOPRC Toi Moana: Cr Lyall Thurston; Cr Jane Nees (Via Zoom); Fiona McTavish – Chief Executive; Helen Creagh – Rotorua Catchments Manager; Andy Bruere – Lakes Operations Manager; Matt Hunt – Communications Team Leader (via Zoom); Nick Swallow – Legal Counsel (via Zoom); Gemma Moleta – Senior Planner (Water Policy); Reuben Gardiner – Senior Planner (Water Policy) (via Zoom); Jill Owen – Planner (via Zoom); Merinda Pansegrouw – Committee Advisor

Observers from Ministry for the Environment (MfE) (Via Zoom):

Juscinta Grace - Manager – Funds, Sustainable Land Use Delivery; Caytion Wineera - Senior Analyst Fresh Water Investments, Sustainable Land Use Delivery

Other: John Gifford, Chair, Lakes Water Quality Society; Chris Sutton - Rerewhakaaitu Farmer/Lakes Water Quality Society; Representatives of Lake Tarawera Ratepayers Association

Ngā Hōnea

Apologies:                  Nuki Nicholson (TALT), Arapeta Tahana (Late arrival) (TALT)

 

With the unanimous agreement of members, the meeting was recorded and uploaded to the Bay of Plenty Regional Council Toi Moana website following the meeting:

Rotorua Te Arawa Lakes Strategy Group Meeting – 20 April 2022 - YouTube

1.     Karakia Whakatuwhera
Opening Karakia

Provided by Rangitihi Pene.

2.     Ngā Hōnea
Apologies

Resolved

That the Rotorua Te Arawa Lakes Strategy Group:

1       Accepts the apologies from Nuki Nicholson and Arapeta Tahana (for late arrival) tendered at the meeting.

Winters/Donaldson

CARRIED

3.     Wāhanga Tūmatanui
Public Forum

3.1    John Gifford, Chair, Lakes Water Quality Society

 

Tabled Document 1 - Lakes Water Quality Society Memo - Rotorua Te Arawa Lakes Strategy Group - 220420: Objective ID A4082355   

 

Presented by: Chair of the Lakes Water Quality Society John Gifford.

Key Points: Lakes Water Quality Society (LWQS)

·    Feedback from the LWQS Annual General meeting (AGM) held in March 2022: there was concern that restoration of the Rotorua Lakes was stalling and that ongoing progress in improving water quality, effective management of aquatic pest weeds, management of pest incursions and ongoing catchment management needed to be reviewed and refreshed for all Rotorua Te Arawa Lakes

·    Highlighted indicators of restoration activities that may not be on course to achieve the outcomes expected

·    Listed recent changes to freshwater management which also needed to be considered as part of the long-term restoration efforts for the Rotorua Lakes

·    To address these issues, two recommendations were presented at the recent LWQS AGM relating to the ongoing activities of the Rotorua Te Arawa Lakes Strategy Group; LWQS recommended that the Strategy Group actioned the following two recommendations:

·    “1. The Terms of Reference of the Rotorua Te Arawa Lakes Strategy Group are formally reviewed to consider regulation changes (such as Three Waters, the implementation of Te Mana o te Wai, and revisions to the Land and Water plan due to the National Policy Statement-Freshwater). In addition, there are significant changes in public awareness of freshwater values and how these are affecting and influencing attitudes. Such changes need to be considered for implementing future management options for the long-term sustainable management, use and enjoyment of the Rotorua Lakes for present and future generations.

·    2. A technical and scientific review is undertaken for the whole Rotorua Te Arawa Lakes programme and to consider the pathway ahead for the next 10 years for all the Rotorua Te Arawa lakes (accepting that some changes such as groundwater inputs will be long term, particularly for Lake Rotorua). The need for this review is driven by events that are occurring in the Lakes that are unexpected such as the recent reoccurrence of algae blooms in Lake Rotorua and Rotoiti, and TLIs not reducing (i.e., improving) as fast as was originally considered possible or likely. This situation most likely reflects that we do not know quite what is happening in the Lakes. In addition to these changes, we are seeing increasing influences from climate change, greater pressures raising from urban development, and other land use changes all of which now need to be more formally recognised in the context of the technical and scientific programme for the lakes. The focus of this review needs to address if there are additional pragmatic measures that can be undertaken in the short to medium term to support the overall objective of sustainable management of the Lakes.”

Key Points - Members:

·    The proposed technical/scientific review of the Rotorua Te Arawa Lakes Programme could potentially be addressed alongside other processes; it did raise questions relating to funding implications which needed further consideration

·    TALT welcomed the LWQS and all other parties interested in contributing to the mahi required for the sustainable management of the Lakes. TALT would be happy to meet with LWQS to discuss opportunities.

 

Item for Staff Follow Up:

·    Staff of all partners to consider the two recommendations presented by the Lakes Water Quality Society and provide feedback to the Strategy Group at a future hui.

 

Resolved

That the Rotorua Te Arawa Lakes Strategy Group:

1       Receives the memorandum dated 20 April 2022 tabled by Public Forum Speaker John Gifford, Chairman of the Lakes Water Quality Society.

Winters/Chadwick

CARRIED

4.     Raupapa o Ngā Take
Order of Business

Item 10.1 “Appointment of New Representative for Te Arawa Lakes Trust on the Rotorua Te Arawa Lakes Strategy Group” was considered as the first item on the agenda, welcoming Arapeta Tahana as newly appointed member to the Rotorua Te Arawa Lakes Strategy Group.

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

None

6.     Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

6.1

Rotorua Te Arawa Lakes Strategy Group Minutes - 22 October 2021

Matters Arising

Noted that in relation to Minute Item 6.2 on Page 14, an update on “Sustainable Forest Alternatives” had been included in the Rotorua Lakes Council Quarterly Update Report under item 9.6 of the agenda.

 

Resolved

That the Rotorua Te Arawa Lakes Strategy Group:

1       Confirms the Rotorua Te Arawa Lakes Strategy Group Minutes - 22 October 2021 as a true and correct record.

Winters/Chadwick

CARRIED

 

7.     Ngā Pūrongo
Reports

Ngā Whakatau e Hiahiatia Ana
Decisions Required

7.1

Appointment of New Representative for Te Arawa Lakes Trust on the Rotorua Te Arawa Lakes Strategy Group

Members welcomed the newly appointed representative for TALT on the Rotorua Te Arawa Lakes Strategy Group, Arapeta Tahana.

 

Resolved

That the Rotorua Te Arawa Lakes Strategy Group:

1       Receives the report, Appointment of New Representative for Te Arawa Lakes Trust on the Rotorua Te Arawa Lakes Strategy Group.

Winters/Chadwick

CARRIED

 

7.2

Te Arawa Lakes Trust Report for Rotorua Te Arawa Lakes Strategy Group - April 2022

Presented by: TALT Environment Manager Nicki Douglas.

Key Points:

·    Acknowledged BOPRC Toi Moana and the University of Waikato’s recent appointment of Dr Deniz Özkundakci to the position of Toihuarewa – Waimāori Bay of Plenty Regional Council Chair in Lake and Fresh Water Science

·    TALT had recently hosted Dr Deniz Özkundakci at a meeting of Komiti Taiao. Was looking forward to working with him to expand the current research programme and consider the long-term health and wellbeing of the Lakes

·    TALT had been engaged in the Resource Management Reform programme and the Three Waters Entity B discussions as well as supporting the participation of Chief Executive Karen Vercoe in the Three Waters Working Group.  TALT’s position and the impact of these initiatives on the settlement would be detailed under item 10.2

·    Ministry for the Environment Te Mana o Te Wai Funding for the Tarawera Collective Impact Project had been approved; commencement date would now be 1 May 2022.

Key Points - Members:

·    Acknowledged the successful outcome of the Uwhi Trial (harakeke weed mats) laid in Lake Rotoiti and Lake Tarawera in December 2021 as part of a collaborative trial led by TALT with support from Toitū Te Whenua Land Information New Zealand through its Jobs for Nature programme

·    Highlighted the value of the Rotorua Lake front as an ecological active science learning “classroom” space for kids – suggested that using harakeke weed mats at the Rotorua Lake Front could be an excellent learning opportunity for children

·    Noted the Mātauranga - Science and Design Fair 2022, to be hosted by TALT and BOPRC Toi Moana and scheduled to be held from June 30 to July 2nd at Motion Entertainment, Rotorua. Categories included Mātauranga Māori, Biodiversity, Water Quality and Sustainability (design), with 45 kura currently registered.

 

Resolved

That the Rotorua Te Arawa Lakes Strategy Group:

1.   Receives the report, Te Arawa Lakes Trust Report for Rotorua Te Arawa Lakes Strategy Group - April 2022.

Winters/Chadwick

CARRIED

 

Item for Staff Follow Up:

·    Staff to facilitate a letter of appreciation/recognition and certificates to be sent to Lynmore Primary School on behalf of the Strategy Group congratulating them as National Kura Award Winner in the 2021 Biosecurity Award for their mahi in the Catfish Volunteer Programme.

8.     Whakahoutanga Kōrero
Verbal Updates

8.1

Ministry for the Environment Verbal Update

 

Lorena Stephen – Director of Sustainable Land Use Delivery, MfE, advised that a detailed operational update would be provided at the next meeting of the Strategy Group, highlighting progress on reform work underway as well as progress on resource management, climate change and biodiversity.

 

8.2

Letter from Ministry for the Environment - 23 March 2022 - Rotorua Te Arawa Lakes Programme

Presented by: Lorena Stephen, Director of Sustainable Land Use Delivery - MfE.

Key Points:

·    MfE Jobs for Nature Funding, Te Mana O Te Wai Programme of $30 million was almost fully allocated; 32 proposals were currently being assessed

·    In conjunction with the Te Mana O Te Wai Fund, was also working through the allocation of the Essential Freshwater Fund ($175 million targeted towards building capability/capacity to help implement the essential freshwater reforms and supporting tangata whenua in terms of catchment communities)

·    Ongoing discussion with staff of Strategy Group Partners had taken place following Minister David Parker’s decision to rescind the Freshwater Improvement Fund allocation for Lake Tarawera.  Subsequent feedback received from staff had been conveyed to the Minister, advising him of a likely request to follow, which would seek a decision to reverse his decision.  He had confirmed that he was comfortable with this happening, but would require assurances around satisfactory governance oversight being put in place alongside a detailed workplan and signed deed

·    Regarding the East Rotoiti Sewerage Reticulation Scheme, the Minister had indicated that Jobs for Nature Funding was not available for support in this area and that no further money was available for this scheme

·    As the next step, feedback on direction going forward was required which would be provided to the Minister once received from the Strategy Group.

 

Resolved

That the Rotorua Te Arawa Lakes Strategy Group:

1       Receives the report, Letter from Ministry for the Environment dated 23 March 2022 - Rotorua Te Arawa Lakes Programme .

Donaldson/Winters

CARRIED

 

8.3

Rotorua Lakes Council - Update Report to Rotorua Te Arawa Lakes Strategy Group 8 April 2022

Presented by: Stavros Michael, Deputy Chief Executive Infrastructure & Environment, RLC.

10:26pm - Arapeta Tahana joined the meeting.

 

Key Points:

·    Highlighted RLC activities currently underway impacting the Lakes Programme including wastewater treatment, stormwater projects and planning policy.

Key Points - Members:

·    Clarified that the assessment work in terms of connections to the Lake Tarawera Sewerage Scheme had been completed; noted that each individual property had been visited as each property required a detailed design to be developed

·    Noted that should the Minister’s indicative decision to withdraw from the funding decision for the proposed Tarawera Sewerage Scheme proceed, planning/consultation would possibly have to commence afresh

·    Acknowledged that RLC had allocated $2.5 million for detailed design work/appointment of a Project Manager for the Tarawera Sewerage Scheme.  This decision by RLC was taken in good faith at a time when the $6.5 million subsidy was not under threat.  Highlighted that the project had been well managed and that public consultation had been ongoing.

 

 

Resolved

That the Rotorua Te Arawa Lakes Strategy Group:

1       Receives the report, Rotorua Lakes Council - Update Report to Rotorua Te Arawa Lakes Strategy Group 8 April 2022.

Leeder/Pene

CARRIED

10:45am - The meeting  adjourned.

11:00am - The meeting  reconvened.

8.4

Rotorua Lakes Council Report: East Rotoiti Sewerage Reticulation Scheme – Funding Balance

Tabled Document 2 - Memorandum to Strategy Group - Agreed Updated Resolutions re Rotoiti Scheme Funding: Objective ID A4078896   

Presented by: Stavros Michael, Deputy Chief Executive Infrastructure & Environment, RLC.

Key Points:

·    The tabled document with updated recommendations had replaced the recommendations in the original report as contained in the agenda under item 9.5 “East Rotoiti Sewerage Reticulation Scheme – Funding Balance

·    Since the preparation of the report, the partners of the Programme had  met and agreed the joint recommendations to this hui to meet the requirements of the Ministry for the Environment’s letter in terms of seeking further Ministerial consideration of the decision outlined in the letter (refer item 9.2 of the agenda)

·    Updated recommendations to the Strategy Group were agreed by all partners at a hui held on 13 April 2022

·    Provided further background on the process to date

·    The key points for consideration by the Strategy Group were (1) the Rotoiti/Rotomā sewerage scheme funding shortfall and (2) the Tarawera Sewerage Scheme Funding; although separate, they were interlinked.

Key Points - Members:

·    Acknowledged that further detailed discussion on the funding arrangements would be required (i.e. how to fund the $10 million shortfall; the reimbursement thereof, both for the short and medium term)

·    Reminded of the requirements/implications of Plan Change 10

·    Noted that the Minister for the Environment would require additional detail on the delivery/management of the objectives of the programme/further details relating to the process to follow, given the time constraints and with the impending Local Government elections in October 2022

·    Noted that MfE did not fund activities retrospectively; accordingly, the work programme would need to be revisited to remove activities that had already occurred

·    It was important for all partners of the Strategy Group to provide input on   the scope for the review of the Strategy Group and Work Programme; strongly suggested the inclusion of an independent/objective overview as part of the process

·    Concurred that it was critical to commence with the scoping (with independent input) of the review of the Strategy Group and Programme as a matter of priority. Noted that MfE, from a central government perspective, had offered to provide assistance in this regard to get the process on its way soonest (prior to the October 2022 Local Government Election).

Key Points - Staff:

·    Reminded members of direction given by the Strategy Group at a Workshop held in August 2021 regarding a review of the Strategy Group following the audit by Independent Quality Assurance NZ (IQANZ).  This  would be superseded by the direction given by the Strategy Group today on the proposed review of the Strategy Group and Programme.

 

Resolved

That the Rotorua Te Arawa Lakes Strategy Group:

1       Receives the report, Rotorua Lakes Council Report: East Rotoiti Sewerage Reticulation Scheme – Funding Balance and tabled document “Under separate Cover Item”;

2       Recognises the importance of the Lakes to our people and communities;

3       Recognises the importance of the Lakes Programme moving forward;

4       Seeks the Minister to agree to $10m of deed funding to be reallocated from the incentives Fund to the Rotoiti/Rotomā sewerage scheme funding shortfall on the basis that the Rotorua Lakes Council commits to being part of the funding solution for the ongoing Lakes Water Quality Programme through the investigation and consultation of a new Rotorua Lakes Council targeted rate with proposed implementation for July 2023 (including for the purpose of reimbursement of the land use incentives scheme);

5       Notes the need for a strategy group review and agrees to a future review of the work programme; Te Arawa Lakes Trust to lead the strategy programme and strategy group review with funding support from council partners and the Ministry for the Environment (with the inclusion of an independent/objective overview as part of the process). The scope to be provided to a future meeting of the Rotorua Te Arawa Lakes Strategy Group;

6       Seeking the Minister to rescind his decision and retain $6.5m for Lake Tarawera for Freshwater Improvement Funds; and

7       Agreeing to improved project oversight with all partners involved.

Chadwick/Winters

CARRIED

 

Items for Staff Follow Up:

·    Urgent follow-up meeting with the Minister for the Environment to be arranged as soon as possible

·    Correspondence from all partners to MfE regarding East Rotoiti Sewerage Reticulation Scheme – Funding to be shared with all the members of the Strategy Group

·    Lakes Water Quality Society to be consulted in the review of the Strategy Group and Lakes Programme Review.

 

8.5

Programme Status Report, Mahere Mahi ā-tau 2022-2023 and 2021-2022 Pūrongo ā-ono Marama

Presentation 1 - Programme Status Report: Objective ID A4090512   

Presented by: Helen Creagh Rotorua Catchments Manager, BOPRC Toi Moana.

Key Points:

·    Highlighted items for approval

·    Provided an overview of the dashboard

·    Noted that the change requests required were adaptations which needed to be made to the approved annual work plans for the financial year (i.e. underspend on alum dosing to weed harvesting – Lake Rotoehu – to take weed harvesting budget to $200,000)

·    Purongo ā-ono Marama

·    Mahere Mahi ā-tau

·    Sustainable Land Gains 2017-2022

·    Paid tribute to the late Geoff Ewert and his significant contribution/work to the Programme, particularly with regard to Lake Rotorua sustainable land gains.

Key Points – In response to Questions:

·    With the higher lake level following the recent cyclone, it would be easier for a harvester to get closer to any washed up weed; however since a digger would be more effective in removing weed at low lake levels staff were currently investigating obtaining consent to operate a digger in future weed wash ups

·    Regarding investigation into algae bloom patterns/possible causes, staff were currently investigating long term trends

·    In terms of water quality for swimmability, acknowledged that further qualification/definition was required in the Dashboard to enable a better understanding of the measures used.

 

Resolved

That the Rotorua Te Arawa Lakes Strategy Group:

1       Receives the report, Programme Status Report, Mahere Mahi ā-tau 2022-2023 and 2021-2022 Pūrongo ā-ono Marama;

2       Approves, for submission to the Ministry for the Environment, the Mahere Mahi ā-tau 2022-2023;

3       Approves, for submission to the Ministry for the Environment, the 2021-2022 Purongo ā-ono Marama; and

4       Approves Change Request 70 to move funds between phosphorous locking and weed harvesting interventions on Lake Rotoehu, for the current financial year.

Winters/Leeder

CARRIED

 

Item for Staff Follow Up:

·    An internal Lessons Learnt review regarding the Rural Wetland Pilot Project be undertaken by staff.

Hei Pānui Anake
Information Only

8.6

Essential Freshwater Policy Programme Update 2022

Presentation 2 - Visions and Environmental Outcomes PDF: Objective ID A4090516   

Presented by: BOPRC Toi Moana Senior Planner (Water Policy) Gemma Moleta supported by Senior Planner (Water Policy) Reuben Gardiner.

Key Points:

·    Provided an update on progress to date; collated values across the region and received feedback online

·    Staff were working on environmental outcomes for the National Policy Statement for Freshwater Management (NPSFM) values and using iwi management plans, community groups and catchment strategies, online feedback and NPS bottom lines as a starting point

·    Online engagement with communities was ongoing until late April-June on environmental outcomes and goals for visions

·    Outlined the timeline for the Essential Freshwater Policy Programme (EFPP) and early ‘without prejudice’ feedback that was being sought prior to preparing draft policy

·    Key tasks for 2022 would be the development of draft measurable targets, limits and policy options to achieve them

·    Online Engagement “Participate” to be launched in late April 2022 - seeking to engage with the community on long term visions and outcomes

·    Essential Freshwater Visions and Outcomes | Participate BOPRC (Members were welcome to share link with wider networks)

·    Council has also released a water quality and ecology reporting tool demonstrating the current state and trends for the attributes to be used under the NPSFM:

WET - Bay of Plenty Regional Council (shinyapps.io)

(Click on Map on the left hand side to zoom into the lakes area and pick the information you were interested in.  Need to select a dataset (e.g. lakes water quality), select an indicator and select a state (baseline state overall band, current state overall band and trend were most relevant at the moment) before it will give you the information you want)

·    Informal hui held on 8 April 2022 with Iwi members and wider Iwi representatives to discuss vision setting for the Lakes.

Key Points - Members:

·    Measuring the recreational use/access to the Lakes a possible matter for future consideration.

 

Resolved

That the Rotorua Te Arawa Lakes Strategy Group:

1       Receives the report, Essential Freshwater Policy Programme Update 2022.

Winters/Donaldson

CARRIED

 

9.     Wāhanga Tūmataiti
Public Excluded Section

Resolved

Resolution to exclude the public

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

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Item No.

Subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Grounds under Section 48(1) for the passing of this resolution

When the item can be released into the public

9.1

Public Excluded Rotorua Te Arawa Lakes Strategy Group Minutes - 22 October 2021

As noted in the relevant Minutes.

As noted in the relevant Minutes.

To remain in public excluded.

9.2

Resource Management Reforms and Three Waters Implications for Te Arawa Lakes Settlement Act

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); Withholding the information is necessary to enable the local authority to deliberate in private on its decision or recommendation in any proceedings to which this paragraph applies.

48(1)(a)(i) Section 7 (2)(i); 48(1)(d).

On the Chief Executive's approval.

Chadwick/Donaldson

CARRIED

 

10.   Karakia Kati
Closing Karakia

Provided by Rangitihi Pene.

1:15 pm – the meeting closed.

 

Confirmed 10 June 2022                                                                

                                                                                       Sir Toby Curtis

Chairperson, Rotorua Te Arawa Lakes Strategy Group


Regional Council                                                                      23 June 2022

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Report To:

Regional Council

Meeting Date:

23 June 2022

Report Authoriser:

Doug Leeder

 

 

Chairperson's Report

 

Executive Summary

Since the preparation of the previous Chairperson’s Report (for the 5 April 2022 Council meeting) I have attended and participated in a number of meetings and engagements as Chairperson on behalf of the Bay of Plenty Regional Council (BOPRC).

This report sets out those meetings and engagements, outside of Council, Committee and Sub-Committee meetings, and highlights key matters of interest that I wish to bring to Councillors’ attention.

 

Recommendations

That the Regional Council:

1       Receives the report, Chairperson's Report.

 

1.        Purpose

The purpose of this report is to update Council on meetings and engagements, outside of Council, Committee and Sub-Committee meetings, I have attended and participated in as Chairperson. Also to highlight key matters that will be of interest to Councillors.

The following section summarises these meetings and engagements. I will provide further detail at the meeting in response to any questions you may have.

 

 

2.        Meetings and Engagements

Date

Meeting / Engagement

Comment

31 March

2022 Regional Sector Special Interest Group Convenor’s Plenary and Social Networking Dinner – Wellington

An annual event, this year’s theme was ‘Fit for Future’. Sector challenges, opportunities and reflections were discussed, and an update provided on the SIG Network.

5 April

Meeting with Rotorua Lakes Council Mayor Steve Chadwick and Chief Executive Geoff Williams – Videoconference

Fiona McTavish also in attendance - discussed the Rotoiti Sewerage Scheme Funding.

6 April

Wai Kokopu Sub-catchment Group Workshop - Pongakawa

A discussion of land management topics that are becoming increasingly relevant to farmers and growers in the Waihī Catchment.

13 April

Meeting with Rotorua Te Arawa Lakes Strategy Group – RLC Mayor, TALT Chair, BOPRC Chair and Chief Executives - Rotorua

Partnership discussion on the Rotoiti Sewerage Reticulation Scheme Funding.

19 April

Meeting with Whakatāne District Council Mayor Judy Turner and Chief Executive Steph O’Sullivan - Whakatane

Fiona McTavish also in attendance.

26 April

Meeting with Tauranga City Council, NZ Police and Allied Security – Videoconference

Discussed Willow Street Safety Concerns.

28 April

Tauranga City Council Commissioners and Tauranga Constituency Councillors Informal Hui – Tauranga

Attended.

29 April

Port of Tauranga Board Meeting – Tauranga

Attended.

3 May

Tauranga City Council City Vision Presentation – Tauranga

The presentation shared key findings and themes from the city vision work; presented the thinking on the city vision outcomes and outputs; gauged support and/or endorsement from the city partners; and explored how to socialise and utilise the city vision with our communities.

6 May

Local Government New Zealand Regional Sector Group Meeting – Wellington

Discussed the Resource Management Reform including joint committees, secretariats and the role of regional councils.

 

Also discussed the Three Waters Reform, and central government co-investment in flood protection schemes.

11 May

S&P Global Annual Credit Surveillance Meeting – Videoconference

Fiona McTavish also in attendance.

16 May

Recorded Regional Council Rates message for The Hits, Tauranga – Phone call

Spoke about Bay of Plenty Regional Council collecting our own rates from August. 

17 May

Meeting with Alisha Evans, Sun Media – Tauranga

Attended.

19 May

Radio interview with Radio NZ, Telephone

Pre-recorded interview for the free-fare change decided at the recent Annual Plan Deliberations.

Radio interview with Newstalk ZB – Telephone

Discussed the issues around youth and buses, and the free-fare change decided at the recent Annual Plan Deliberations.

National Council Dinner – Wellington

Attended.

20 May

National Council Meeting – Wellington

Attended.

22 May

Nukuhou Saltmarsh Care Group Event – Ōhope

The Group presented and celebrated their achievements over the last 12 months.

24 May

Meeting with Regional Sector representatives – Videoconference

Discussed Resource Management Reform and the Regional Sector.

27 May

Port of Tauranga Board Meeting – Mount Maunganui

Attended.

31 May

Meeting with Regional Sector representatives – Videoconference

Discussed Resource Management Reform and the Regional Sector.

Meeting with Tauranga City Council Commissioners and Chief Executive Officer – Tauranga

Fiona McTavish also in attendance.

1 June

Local Government New Zealand Meeting – Videoconference

Discussed Three Waters Rural Supplies Technical Working Group Report.

2 June

Meeting with Te Mana o Ngāti Rangitihi Chairman Leith Corner, and General Manager Anthony Olsen – Tauranga

Discussed the Tarawera Restoration.  Fiona McTavish also in attendance.

7 June

Heads of Mission Reception Dinner – Tauranga

Invited by Tauranga City Council Commission Chair Anne Tolley. The event celebrated Tauranga Moana and showcased the city, business and local produce to 40 visiting Heads of Mission accredited to New Zealand.

8 June

Bay of Plenty Mayoral Forum – Tauranga

Chaired by Tauranga City Council Commission Chair Anne Tolley. The agenda and recording of the meeting are available on our website.

14 June

Local Government New Zealand session on Unpacking Resource Management Reform – Videoconference

Attended.

National Council Meeting – Videoconference

Regular brief meetings to ensure National Council stay connected.

 

 


 

 

 

Report To:

Regional Council

Meeting Date:

23 June 2022

Report Writer:

Danni Manderson, Community Engagement Advisor and Stephanie Macdonald, Community Engagement Team Leader

Report Authoriser:

Kataraina O'Brien, Director, Strategic Engagement

Purpose:

Recommending a Youth Engagement Plan for adoption by Council and providing an update on youth engagement activities. 

 

 

Bay of Plenty Regional Council Draft Youth Engagement Plan 2022

 

Executive Summary

Staff are seeking approval of the Bay of Plenty Regional Council Draft Youth Engagement Plan 2022.

 

In April 2021 Bay of Plenty Regional Council (BOPRC) approved a Youth Engagement Programme to build and enhance its relationship with Rangatahi/Youth (people between 16-25 years) in the Bay of Plenty. Following this, in October 2021 a Youth Involvement Project (YIP) Group was established. Its membership consisting of 14 young people from across the region. 

 

A key focus of the YIP group was to develop a co-designed Youth Engagement Plan to identify relevant goals and actions to enable rangatahi to be involved in Council’s decision-making processes. It was developed via a series of external online platforms and in-person workshops, including a Council workshop held in January 2022.

 

Representatives from the YIP will be in attendance at this meeting to share insights with Councillors.

 

 

Recommendations

That the Regional Council:

1       Receives the report, Bay of Plenty Regional Council Draft Youth Engagement Plan 2022;

2       Approves the Bay of Plenty Regional Council Draft Youth Engagement Plan 2022;

3       Delegates minor editorial changes to Youth Engagement Plan to the Director of Strategic Engagement.

1.        Introduction

Community Participation is one of eight key priorities for BOPRC.  Youth are an integral part of our regional community and oftentimes their perspectives add value to our work.

In 2019 Council requested a review of youth engagement to build on and improve how we engage and involve youth in Council’s decision-making processes. 

A Youth Engagement Programme and Project Group was established to support the delivery of actions enabling enhanced youth engagement.  A representation of Councillors have been advising and working alongside staff, providing support and direction as required.

Since its establishment in 2021, the YIP group has convened meetings, held workshops and hui and met with Council staff and Councillors to consider current challenges and opportunities. A decision was made to develop a Youth Engagement Plan to capture issues and solutions.

Through a series of external online and in-person engagements, the YIP group has developed a Draft Youth Engagement Plan for 2022.  

Staff are seeking approval of the Plan.

1.1      Background: YIP

The Youth Involvement Project (YIP) group was established in October 2021. This group was set up to provide guidance to assist staff in the development of a Youth Engagement Plan. Fourteen young people were selected for YIP from 56 applications.  YIP has been meeting monthly to work on the Youth Engagement Plan.

 

2.        Youth Engagement Programme: Key Decisions

The following table presents an outline of key decisions and/or actions.

Date

Key decisions/actions

Nov 2019

Councillors requested:

·     Review existing youth engagement processes

·     Provide alternative options to increase breadth and depth of engagement.

Jun 2020

A Councillor working party was formed to provide guidance to staff.

Jan-Mar 2021

Approx. 532 youth were engaged with, 335 were face to face, 198 via online platforms.

Apr 2021

Youth Engagement Programme and budget of $45,000 approved via Long Term Plan deliberations;

Oct 2021

Youth Involvement Project (YIP) Group established (consisting of Councillors, staff and youth representatives).

Mar-Apr 2022

Draft Youth Engagement Plan developed and socialised with the wider community.

23 Jun 2022

Draft Youth Engagement Plan presented to Council for approval.

 

2.1      Legislative Framework

The Youth Engagement Plan is a non-statutory document. However proactively involving young people in shaping decisions that affect them is consistent with the principles of the Local Government Act and the United Nations Convention on the Rights of the Child (UNCROC) in 1993.

Alignment with Strategic Framework

 

A Healthy Environment

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

Freshwater for Life

We listen to our communities and consider their values and priorities in our regional plans.

Safe and Resilient Communities

We work with communities and others to consider long term views of natural hazard risks through our regional plans and policies.

A Vibrant Region

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

The Way We Work

We look to partnerships for best outcomes.

Dominant Well-Beings Affected

¨ Environmental

 

¨ Cultural

 

þ Social

 

¨ Economic

 

 

 

3.        Draft Youth Engagement Plan 2022

3.1      Plan Development

The draft Youth Engagement Plan was developed through in-person workshops and online Zoom meetings with the Youth Involvement Project (YIP) group and relevant staff. This included a full day hui at Kuirau Marae, Rotorua in October 2021, and a Councillor workshop in Tauranga January 2022.

The YIP group developed the vision, focus areas, goals and actions of the youth engagement plan based on feedback and input from their peers, stakeholders and members of the community.

There is an action plan which outlines key implementation actions, measurable outcomes, associated timeframes and the team responsible for leading each action.

3.2      Implementation and Review

Some of the actions outlined in the Draft Youth Engagement Plan are already in progress, some are being planned and others identified as future actions.  Community Engagement Team will be the key lead, with support from other teams as required.  There is an approved budget to execute actions.

It is proposed that the Draft Youth Engagement Plan will function as an evolving document to be regularly reviewed to ensure delivery. 

Youth Engagement Plan Review Timeframes:

·     Informal review 6 monthly, reporting to sponsor – Director, Strategic Engagement.

·     Regular reviews in line with service plan developments to support annual plan and long-term plan processes.

 

4.        Considerations

4.1      Risks and Mitigations

 

Potential Risks

Mitigation

Lack of participation

·     Provide opportunities for them to be involved in significant projects that are important to them and they can influence.

Health and Safety

·     Risk assessments will be completed for each activity and relevant health and safety measures will be taken. Training will be provided as necessary.

Managing expectations and reputational risk

 

(Inability to deliver on actions and/or meeting the expectations of young people).

·      Honest and transparent communications about capacity and scope of youth engagement programme.

·      Early communication with teams and partner organisations about opportunities.

·      Ensure the skilled people work with young people.

·      Publicly reporting on the Action Plan.

 

4.2      Climate Change

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

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

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

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

Use the building block below when considering Climate Change implications.

Crtl + click for guideline material.

Climate change is viewed by youth as a very important and emotive issue with high interest. With the opinion that young people will inherit the impacts of decisions made now, youth are intent in using our natural resources in more sustainable ways. Goals relating to sustainability have been included in the Draft Youth Engagement Plan.

4.3      Implications for Māori

Council has responsibilities to Māori under the LGA and the RMA. We are required to meet those responsibilities and identify any potential implications for Māori.  Please consider including this section for reports going to all committees.  The following questions will aid your analysis:

·   Are there any positive or negative effects on Māori (social, cultural or economic)?

·   What consultation/engagement has been undertaken with Māori and what form did it take? How did Māori contribute to this decision?

·   Does the issue require consideration of: iwi planning documents, Treaty settlement legislation or any other document expressing matters of importance to Māori?

Crtl + click for Guideline material.

This programme recognises and provides for rangatahi Māori representation and participation.  Many of those selected for YIP identify as Māori and their contributions add a valuable cultural dimension to the document.  

Fig 1: Hui to establish the YIP held at Te Kuirau Marae in Rotorua, October 2021

4.4      Community Engagement

What level of engagement is council commited to? What actions will be taken

Consider identifying in the report:

• Council’s knowledge of community views on the subject.

• What aspect of the community is involved.

• How the views of the community were obtained.

• How the views were recorded and reported.

Adobe Systems

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.

 

4.5      Financial Implications

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

-   Unbudgeted work during the current financial year?

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

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

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

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

5.        Next Steps

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

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

·     The current Youth Involvement Project group concludes their work in June 2022.

·     Once approved, implementation of the Plan will commence within timeframes identified in the plan.

·     Staff will seek to continue to involve as many young people as possible from a range of backgrounds and locations.

·     Updates can be provided to Councillors via the Strategic Engagement Councillor weekly update reports.

·     The annual work plan will be finalised as part of the Service Plan development for the Annual Plan 2022/2023.

Attachments

Attachment 1 - Draft Youth Engagement Plan 2022   


Regional Council                                                                      23 June 2022

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Report To:

Regional Council

Meeting Date:

23 June 2022

Report Writer:

Mereana Toroa, Finance Support Team Lead; Mark Le Comte, Principal Advisor, Finance; Graeme Howard, Corporate Planning Lead; Matthew Searle, Corporate Planner and Kumaren Perumal, Chief Financial Officer

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

To seek Council adoption of the Annual Plan 2022/23 and related Policies.

 

 

Adoption of the Annual Plan 2022/23 and Related Policies

 

Executive Summary

This report seeks Council’s adoption of the Annual Plan 2022/23 (AP 2022/23) under section 95 (1) of the Local Government Act (2002).

Council deliberated on the draft AP 2022/23 and related policies at its meeting of 18 May 2022. This followed a process that involved four Council workshops through late 2021 and early 2022. The proposed AP 2022/23 budget has been revised to incorporate Council direction from the deliberations meeting on 18 May 2022.

Council’s draft AP 2022/23 identifies operating expenditure of $175 million and capital expenditure of $34 million. A general rates increase of 5.8% (an average of $5 per household) is planned for 2022/23, and the average real targeted rates increase is 0.9%. There is an unbalanced budget for 2022/23, which requires specific resolution by Council. This unbalanced budget is consistent with the approach confirmed by Council through the Long Term Plan 2021-2031. 

Council has now completed the process of developing the AP 2022/23. The statutory deadline to adopt the AP 2022/23 is on or before 30 June 2022.

The proposed AP 2022/23 and the related policies for adoption are attached to this report. One change has been incorporated into the proposed Rates Remission Policy to extend the transition remission to properties that had been receiving rates postponements.

 

Recommendations

That the Regional Council:

1       Receives the report, Adoption of the Annual Plan 2022/23 and Related Policies;

2       Notes that Council did not consult on the Annual Plan 2022/23 as the changes were not considered to be significant or material departures from LTP 2021-2031.

3       Notes that Council has consulted on proposed changes to three policies (listed below) that relate to the Annual Plan 2022/23 and has followed the Local Government Act section 82 Principles of Consultation and 83 Special Consultative Procedure in preparing and consulting on these policies;

4       Adopts the following policies and supporting information:

(a)  Adopts the Funding Needs Analysis supporting the Revenue and Financing Policy (Attachment 1)

(b)  Revenue and Financing Policy (Attachment 2)

(c)  Fixes the Fees and Charges in the Fees and Charges Policy with effect from 1 July 2022 (Attachment 3)

(d)  Remission and Postponement of Rates Policy (Attachment 4)

5       Resolves that it is financially prudent for the Annual Plan 2022/23 to have an unbalanced budget (operating revenue is at a lower level than operating expenditure), pursuant to s100(2) of the Local Government Act 2002;

6       Adopts the Annual Plan 2022/23 (Attachment 5) to come into effect 1 July 2022;

7       Delegates to the Chief Executive the ability to make minor editorial changes to the Annual Plan 2022/23 and related policies before publication.

 

1.        Introduction

The AP 2022/23 presents the budget for year two of the Long Term Plan 2021-2031 (LTP), updated to include any changes from what Council set out in the LTP.

The AP 2022/23, as with the LTP, has been developed in the context of a changing operating environment. COVID-19 had significant effects on Council operations during 2021/22, but it is likely that its effects on this Annual Plan year will be reduced. There is evolving central government direction on the roles and responsibilities of local government. There are still substantial unknowns, particularly around changes to resource management legislation and potential planning requirements.

Council has now completed the process of developing the AP 2022/23. The adoption date for the AP 2022/23 is set to meet the statutory deadline being on or before 30 June 2022.

The proposed AP 2022/23 for adoption is included as Attachment 5 to this report.

1.1      Legislative Framework

Council is required to have an Annual Plan under section 95 of the Local Government Act 2002.

1.2      Alignment with Strategic Framework

 

A Healthy Environment

 

Freshwater for Life

 

Safe and Resilient Communities

 

A Vibrant Region

 

The Way We Work

 

Adoption of the AP 2022/23 contributes to the delivery of all elements of the Strategic Framework.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

 

þ Cultural

 

þ Social

 

þ Economic

 

Adoption of the AP 2022/23 contributes to all of the Community Well-beings

2.        Development of the Annual Plan 2022/23

Council has been developing the AP 2022/23 since late 2021. Council workshops were held in September and November 2021, and March and April 2022. During those workshops, Councillors provided guidance on a range of matters, including new areas of investment and relevant budget implications.

Council held its deliberations on the Annual Plan and the related policies at its meeting on 18 May 2022, where it provided final direction to staff on the draft Annual Plan 2022/23. 

2.1      Policies related to the Annual Plan 2022/23

Alongside the Annual Plan, Council consulted on changes to three policies, which have implications on the revenue received by Council through this Annual Plan year.

Consultation was conducted under the Local Government Act section 82 Principles of Consultation and 83 Special Consultative Procedure. Council adopted Statements of Proposal for public consultation from 4 April 2022 to 4 May 2022 for the following Policies:

•    Revenue and Financing Policy (Attachment 2)

•    Fees and Charges Policy (Attachment 3)

•    Rates Remissions and Postponement Policy (Attachment 4)

Council received 28 written submissions on the proposals, and hearings were held on 17 May 2022 for those that wished to present their views verbally. Council deliberated on these submissions and other relevant information at their meeting on 18 May 2022 and provided direction to staff to prepare the final policies for adoption.

One change has been incorporated into the proposed Rates Remission Policy to extend the transition remission to also include properties that had been receiving rates postponements. Without that change, properties that had previously received a postponement from a city or district council may not be eligible for rates relief from Council. The next review of the Rates Remission Policy will consider all uses of the transition remission and whether continuing any of these remissions is appropriate. This review will also consider the appropriate way to treat any historical postponed rates that have been passed from the city or district councils to Council. 

All submitters to the Statements of Proposals for Policies will receive a letter outlining Council’s key decisions in relation to the Statements of Proposal following the adoption of the policies.

3.        Annual Plan 2022/23 Budget and Rates

The AP 2022/23 sets out:

·     Operating expenditure of $175 million, compared to $171 million in year two of the LTP.

·     Capital expenditure of $34 million, compared to $31 million in year two of the LTP.

·     A real general rates increase of 5.8%, compared to a 3% increase set out in year two the LTP.

·     A targeted rates increase of 0.9%, compared to 0.8% set out in year two of the LTP 2021-2031. The cost per household varies depending on the area you live in and the services provided.

3.1      Unbalanced budget

The proposed AP 2022/23 has an unbalanced budget (operating revenue is expected to be less than operating expenditure). This is consistent with financial decisions taken through the development of the LTP 2021-2031 which resulted in an unbalanced budget in years one, two and three and four of that plan.

The AP 2022/23 budget proposes an operating deficit for 2022/23 of $14.8 million. The reasons for the forecast budget deficits noted above include funding contributions to third party infrastructure projects from reserves, the use of targeted rates reserves and regional fund reserves to fund specific operating expenditures that will deliver enduring benefits. The use of reserves to reduces the impact on general rates increases to aid in the region’s economic recovery.

This approach is consistent with the intent of the Financial Strategy set out in Council’s LTP and is considered financially prudent.

Council is required to formally resolve to set an unbalanced budget under Local Government Act section 100(2).

4.        Considerations

4.1      Risks and Mitigations

If Council does not adopt the AP 2022/23 today, it is probable that it will be in breach of statutory requirements, unless an urgent meeting is scheduled before 30 June 2022.

4.2      Climate Change

The implications for climate change were considered though the development of the Long-Term Plan 2021-2031 that was adopted in June 2021 and through the development of this AP 2022/23, which updates year two of the LTP.

4.3      Implications for Māori

Implications for Māori were considered though the development of the Long Term Plan 2021-2031 that was adopted in June 2021 and through the proposals considered though the development of this AP 2022/23, which updates year two of the LTP.

4.4      Community Engagement

Through the development of the AP 2022/23, Council has followed its Significance and Engagement Policy and the Annual Plan requirements set out under the Local Government Act 2002. Staff assessed the significance and materiality of all changes from year two of the LTP for both individual items and for the total aggregate impact.

The majority of changes related to timing of projects, operational improvements and use of accumulated reserves to reduce the rates requirement. Of the changes, none rated as highly significant and there was no requirement to undertake a full special consultative procedure. This is consistent with guidance provided by Councillors at its Annual Plan workshop in November 2021.

Alongside the AP 2022/23, Council consulted on changes to three policies, which have implications on the revenue received by Council for the 2022/23 financial year. Further detail is provided in section 2.1 of this report.

4.5      Financial Implications

Financial implications are discussed earlier in this report and full financial detail is included in the attached AP2022/23 for adoption.

5.        Next Steps

Following adoption of the AP 2022/23, staff will make any required minor editorial corrections. The AP 2022/23 will be made publicly available, including on the Bay of Plenty Regional Council website in early July 2022.

Attachments

Attachment 1 - Funding Needs Analysis

Attachment 2 - Revenue and Financing Policy

Attachment 3 - Fees and Charges Policy

Attachment 4 - Rates Remission and Postponement Policy

Attachment 5 - Annual Plan 2022-2023 draft for adoption  

 


Regional Council                                                                      23 June 2022

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Regional Council                                                                      23 June 2022

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Regional Council                                                                      23 June 2022

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Regional Council                                                                      23 June 2022

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Regional Council                                                                      23 June 2022

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Report To:

Regional Council

Meeting Date:

23 June 2022

Report Writer:

Mereana Toroa, Finance Support Team Lead and Kumaren Perumal, Chief Financial Officer

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

To recommend the setting of rates, due dates for the payment of rates and authorise penalties for 2022/23 in accordance with sections 23, 24, 57 and 58 of the Local Government (Rating) Act 2002.

 

 

Rates Setting for the 2022/23 financial year

 

Executive Summary

This report is to recommend the setting of rates, due dates for the payment of rates and authorise penalties for 2022/23 in accordance with sections 23, 24, 57 and 58 of the Local Government (Rating) Act 2002.

The report sets out:

·       The general and targeted rates Council will set for 2022/23;

·       The due date of the instalment and authorisation of penalties;

·       The appointment of the Kawerau District Council, Ōpōtiki District Council, Rotorua Lakes Council, Western Bay of Plenty District Council, Taupō District Council and Whakatāne District Council to collect the rates assessed by Bay of Plenty Regional Council for the years prior to and including 2021/22 in accordance with section 53 of the Local Government (Rating) Act 2002; and

·       The Recommended Additions to Council’s Delegations Manual

 

Recommendations

That the Regional Council:

1       Receives the report, Rates Setting for the 2022/23 financial year;

2       Confirms that the rates for the financial year 1 July 2022 to 30 June 2023 are set and assessed in accordance with the Local Government (Rating) Act 2002;

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

4       Notes that Council did not consult on the funding impact statement that is part of the Annual Plan 2022/23 as the changes were not considered to be significant or a material departure from LTP 2021-2031;

5       Confirms that the amounts of the rate specified in the rate tables of the resolution, for the financial year commencing 1 July 2022 to 30 June 2023, includes Council’s Goods and Services Tax component;

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

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

 

8       Sets targeted rates for Kaituna Catchment Control Scheme. The targeted rates are set differentially in accordance with Sections 16, 17 and 18 of the Local Government (Rating) Act 2002 for all rateable land situated in the Kaituna Catchment Control Scheme area within the Tauranga, Western Bay of Plenty and Rotorua constituent districts. The categories of rateable land have been defined based on where the land is situate;.

         

                            The two targeted rates are set as follows;

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

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

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

                            The targeted rate is set as follows;

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

10     Sets targeted rates for Whakatāne-Tauranga Rivers Scheme. The targeted rates are set differentially in accordance with Sections 16, 17 and 18 of the Local Government (Rating) Act 2002 for all rateable land situated in the Whakatane-Tauranga Rivers Scheme catchment within the Whakatane constituent district. The categories of rateable land have been defined based on where the land is situated;

The two targeted rates are set as follows;

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

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

11     Sets targeted rates for the Waioeka-Otara Rivers Scheme. The targeted rates are set differentially in accordance with Sections 16, 17 and 18 of the Local Government (Rating) Act 2002 for all rateable land situated in the Waioeka-Otara Rivers Scheme catchment within the Opotiki constituent district. The categories of rateable land have been defined based on where the land is situated;

The two targeted rates are set as follows;

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

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

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

The targeted rate is set as follows;

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

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

The passenger transport targeted rate is set as follows;

(i)   Where the rateable unit is situated.

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

The Rotorua Lakes programme targeted rate is set as follows;

(i)   Area of land within the rating unit.

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


 

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

(i)   Where the rateable unit is situated.

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

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

(i)   Where the rateable unit is situated.

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

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

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

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

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

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

 

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

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

(i)   Where the rateable unit is situated.

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

The rates are set as follows;

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

21     Sets the instalment due date for all rates for the 2022/23 rating year as 20 October 2022;

22     Sets the following penalties regime for all rates;

(i)   Pursuant to sections 57 and 58(1)(a) of the Local Government (Rating) Act 2002, with respect to rates assessed in the 2022/23 year, a penalty of 10% will be added to the amount of the instalment that has been assessed after 1 July 2022 and which is unpaid after the due date set out in section 21. The penalty will be added on the instalment penalty date of 31 October 2022;

23     Sets the following additional penalties regime for past years’ rates for the Minor River and Drainage Schemes identified in recommendations 18 and 20:

(i)   Pursuant to sections 57 and 58(1)(b) of the Local Government (Rating) Act 2002, with respect to Minor River and Drainage Scheme rates assessed before 1 July 2022, a penalty of 10% will be added on any rates that remain unpaid on 1 July 2022. The penalty will be added on 5 July 2022.

(ii)  Pursuant to sections 57 and 58(1)(c) of the Local Government (Rating) Act 2002, a further penalty of 10% will be added on any Minor River and Drainage Scheme rates to which a penalty has been added under (i) if the rates remain unpaid six months after the previous penalty was added on 5 July 2022. The penalty will be added on 9 January 2023;

24     Sets the following additional penalties regime for the rates assessed in the Tauranga constituency:

(i)   Pursuant to sections 57 and 58(1)(b) of the Local Government (Rating) Act 2002, with respect to rates assessed in the Tauranga constituency before 1 July 2022, a penalty of 10% will be added on any rates that remain unpaid on 1 July 2022. The penalty will be added on 5 July 2022;

(ii)  Pursuant to sections 57 and 58(1)(c) of the Local Government (Rating) Act 2002, a further penalty of 10% will be added on any rates assessed in the Tauranga constituency to which a penalty has been added under (i) if the rates remain unpaid six months after the previous penalty was added on 5 July 2022. The penalty will be added on 9 January 2023;

25     Appoints in accordance with section 53 of the Local Government (Rating) Act 2002 the constituent district and city councils of the Bay of Plenty region, i.e. Kawerau District Council, Ōpōtiki District Council, Rotorua District Council, Taupō District Council, Western Bay of Plenty District Council and Whakatāne District Council, to collect the rates assessed by Bay of Plenty Regional Council for the years prior to and including 2021/22 which remain unpaid, excluding rates for the Minor River and Drainage Schemes as identified in recommendations 18 and 20;

26     Sets the following additional penalties regime for rates to be collected under recommendation 25;

(i)   Pursuant to sections 57 and 58(1)(b) of the Local Government (Rating) Act 2002, with respect to rates assessed before 1 July 2022, a penalty of 10% for all areas in the table below other than the Kawerau District and 3% for the Kawerau District will be added to any rates unpaid on 1 July 2022. The penalty will be added on the date shown below.

(ii)  Pursuant to sections 57 and 58(1)(c) of the Local Government (Rating) Act 2002, with respect to rates assessed in previous financial years, a further penalty of 10% for Rotorua District and Western Bay of Plenty District, and 3% for the Kawerau District will be added on any rates to which a penalty has been added under 25 if the rates remain unpaid six months after the previous penalty was added. The penalty will be added on the date shown below. 

The respective additional penalty dates are as follows;

27     Delegates its statutory functions, duties and powers under the relevant rating legislation as set out below;

LOCAL GOVERNMENT (RATING) ACT 2002

The Local Government (Rating) Act 2002 (LGRA) gives a local authority the power to assess, set and collect rates in a transparent and consultative manner. The LGRA also sets out the processes and information which must be made available to enable ratepayers to identify and understand their liability for rates. Delegations under the LGRA have been delegated to staff directly by a Council resolution on 10 November 2021. They cannot be further sub-delegated by the Chief Executive (or other delegate) in accordance with 132 LGRA. Where there is more than one delegate, unless otherwise stated, the power is given to each delegate individually.

 

SECTION

DESCRIPTION OF FUNCTION / POWER / DUTY

DELEGATES

 

Any of the functions, powers and duties conferred on the Council by the Local Government (Rating) Act 2002 (including any amendments to the Act) and any regulations, rules and Bay of Plenty Regional Council policies and plans made under the Act, that are not otherwise specifically delegated by Council with the exception of:

·     the power to delegate;

·     the power to make a rate;

·     any functions, powers and duties under Subpart 2 of Part 1 (sections 7 to 26) of the Act;

·     any functions, powers and duties under Subpart 1 of Part 5 (sections 118 to 130) of the Act; and

·     any functions, powers and duties the Council is prohibited by rule of law from delegating to a Council officer.

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Setting

·    Manager responsible for Rates Collection

·    Rates Team Leader

27

Functions, powers and duties relating to keeping and maintaining a rating information database

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Setting

·    Manager responsible for Rates Collection

·    Rates Team Leader

·    Manager responsible for Customer Services

28 and 28A

Functions, powers and duties relating to making the rating information database and the complete rating information database available for inspection

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

·    Rates Team Leader

·    Manager responsible for Customer Services

28C

Power to remove or restore an owner’s name and/or postal address upon that owner’s written request

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

·    Rates Team Leader

·    Manager responsible for Customer Services

29

Power to determine objections to information contained in the rating information database

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

33

Power to update the rating information database upon receipt of notification of transfer or assignment of lease or licence

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

·    Rates Team Leader

·    Manager responsible for Customer Services

35

Power to determine if the name of a ratepayer entered in the rating information database may be removed

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

36

Power to update the rating information database upon receipt of notification of change of name

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

·    Rates Team Leader

·    Manager responsible for Customer Services

37

Functions, powers and duties relating to keeping and maintaining rates records for each rating unit in the district

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Setting

·    Manager responsible for Rates Collection

·    Rates Team Leader

38

Functions, powers and duties in relation to making the rates records available for inspection and to determine if a requester is entitled to inspect the rates records

·    General Manager, Corporate

·    Chief Financial Officer

·    Chief Information Officer

·    Manager responsible for Rates Collection

·    Rates Team Leader

·    Manager responsible for Customer Services

39

Power to determine objections to rates records

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

40

Power to authorise correction of an error in the rating information database or rates records even though no objection has been received

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Setting

·    Manager responsible for Rates Collection

·    Rates Team Leader

41

Power to authorise the issue of an amended rates assessment if an error in the rating information database or the rates record is corrected and to make a refund (if applicable)

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Setting

·    Manager responsible for Rates Collection

·    Rates Team Leader

41A

Power to authorise the issue of an amended rates assessment to give effect to a decision on an objection to a valuation under the Rating Valuations Act 1998 and to make a refund (if applicable)

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Setting

·    Manager responsible for Rates Collection

·    Rates Team Leader

42

Power to recover additional rates and to add interest to any rates that are determined to be recoverable in accordance with the Council resolution authorising penalties to be added

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

44 and 45

Functions, powers and duties relating to content and delivery of rates assessments

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Setting

·    Manager responsible for Rates Collection

46

Functions, powers and duties relating to content and delivery of rates invoices

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Setting

·    Manager responsible for Rates Collection

47

Functions, powers and duties relating to delivery of amended rates invoice

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

48

Functions, powers and duties relating to delivery of rates assessments and rates invoices (including the power to determine if a rates invoice will be delivered with the rates assessment)

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

50

Functions, powers and duties in relating to delivering a rates invoice for not more than 25% of the rates that are payable in the previous year if not able to deliver a rates assessment at least 14 days before the circumstances specified in subsection 50(1)

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

51

Functions, powers and duties relating to delivery of combined rates assessments and combined rates invoices if the circumstances set out in subsection 51(1) apply

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

52

Power to determine method of payment of rates

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

53

Power to appoint a rates collector. 

Power to accept appointment of the Council as a rates collector for another local authority.

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

54

Power to determine not to collect rates payable on a rating unit that are uneconomic to collect

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Setting

·    Manager responsible for Rates Collection

55(3)

Power to apply rates discounts for early payment in accordance with Council’s policy for early payment of rates in current financial year

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Setting

·    Manager responsible for Rates Collection

·    Rates Team Leader

56(4)

Power to apply rates discounts for early payment in accordance with Council’s policy for early payment of rates in subsequent financial years

 

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Setting

·    Manager responsible for Rates Collection

·    Rates Team Leader

57 and 58

Power to add penalties for rates not paid by the due date in accordance with the Council resolution authorising penalties to be added

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

·    Rates Team Leader

61(1)

Power to recover rates from the owner of a rating unit if the ratepayer defaults

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

61(2)

Power to recover or retain the amount of unpaid rates from the ratepayer (where Council is the owner but another entity is the ratepayer)

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

62

Power to:

·     notify persons with an interest in the property that the owner has defaulted in paying rates; and

·     accept payment from those persons; or

·     recover the unpaid rates from the first mortgagee.

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer/

·    Manager responsible for Rates Collection

63 and 64

Power to commence legal proceedings to recover unpaid rates and service of summons to an agent or by public notice

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

67

Power to apply to the Registrar of the High Court to have a judgment enforced (for sale or lease of a rating unit)

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

72

Power to give consent to the Registrar to sell or lease a rating unit by private treaty for any consideration that the Registrar thinks reasonable 

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

77

Power to apply to the District Court for an order declaring land as abandoned and authorising Council to sell or lease the land (includes the power to give notice under subsections 77(2) and 77(4))

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

79 to 83

All authority necessary under sections 79 to 83 to implement the court’s authorisation (given pursuant to section 78) to the Council to sell or lease abandoned land (provided that any documents that Council is required to execute under seal are executed by persons with the necessary delegated authority to witness the affixation of Council’s seal)

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

85 and 86

Power to remit rates (and penalties for unpaid rates) in accordance with Council’s rates remission policy and section 85 (including the duty to give notice to the ratepayer pursuant to subsection 85(2)) and duty to record remitted rates in accordance with section 86

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

·    Rates Team Leader

·    Kaitohutohu Matua, Whenua Māori (Māori Land Rates Specialist)

87

Power to postpone the requirement to pay all or part of the rates (including penalties for unpaid rates) in certain circumstances in accordance with Council’s rates postponement policy and section 87 (including the duty to give notice to the ratepayer pursuant to subsection 87(2))

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

·    Rates Team Leader

88

Power to authorise that a postponement fee be added to postponed rates in accordance with the Council’s rates postponement policy and section 88

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

89(2)

Functions, powers and duties relating to authorising the recording of postponement fees

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

90(1)

Power to register a notice of charge on a rating unit if the requirement to pay rates for the rating unit has been postponed under section 87(1)

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

·    In-house Legal Counsel

90(2)

Power to determine whether to give consent to the Registrar to register a dealing by the owner of the rating unit, of the land comprising the rating unit

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

·    In-house Legal Counsel

90(4)

Power to register a notice of release of charge if all postponed rates for a rating unit are paid

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

·    In-house Legal Counsel

92

Power to record details of ratepayers for Māori freehold land

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

·    Rates Team Leader

·    Kaitohutohu Matua, Whenua Māori (Māori Land Rates Specialist)

93

Power to request annual financial statements from beneficial owners of rateable Māori freehold land

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

94

Power to apply to the Māori Land Court to appoint an owner or an agent of the owners to receive rates assessments and rates invoices and to record the appointee in the rating information database in accordance with subsection 94(3)

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

95(3)

Functions, powers and duties relating to delivery of rates assessments to an appointee appointed under section 94

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

97

Functions, powers and duties relating to delivery of rates assessments and rates invoices to a person actually using rateable Māori freehold land and liable for rates in accordance with section 96

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

98A

Power to divide Māori freehold land into separate rating areas upon request made in accordance with section 98A and power to give notice of the request to the ratepayers of the rating unit

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

98B

Power to apportion rates assessed for the rating unit between each separate rating area and residual rating area in accordance with section 98B

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

98D

Power to agree with a requestor that a separate rating area should apply from the commencement of the financial year in which the request is made and power to do anything required to in respect of adjustments pursuant to subsection 98D(3)

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

98E

Power to determine that a separate rating area ceases to be a separate rating area and the financial year from which any such determination shall apply.  Power to write off any rates outstanding in accordance with subsection 98E(3). 

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

99

Power to apply to the Māori Land Court for an order charging unpaid rates against Māori freehold land

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

·    In-house Legal Counsel

104

Power to give consent to owner to deal with Māori freehold land that is the subject of a charging order

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

108

Power to apply to the Māori Land Court to enforce a charging order made by the Court

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

·    In-house Legal Counsel

111

Power to apply to the Māori Land Court to make an order for the payment of unpaid rates by the Māori Trustee or any other person as described in subsection 111(1)

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

112

Power to discharge a charging order in writing on behalf of the Council (in full or in proportion to the amount of rates paid)

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

114

Power to remit all or part of the rates (including penalties for unpaid rates) on Māori  freehold land in accordance with Council’s remission and postponement of rates on Māori freehold land policy and section 114

·    Chief Executive

·    General Manager, Corporate

·    Chief Financial Officer

·    Manager responsible for Rates Collection

·    Rates Team Leader

·    Kaitohutohu Matua, Whenua Māori (Māori Land Rates Specialist)

114A

Power to remit all or part of rates (including penalties for unpaid rates) on Māori freehold land for land that is being developed, or intended to be developed in accordance with section 114A