Open Minutes
Commencing: Thursday 23 June 2022, 1.00 pm
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 – via Zoom
Cr David Love
Cr Norm Bruning
Cr Bill Clark – via Zoom
Cr Stuart Crosby
Cr Kevin Winters – via Zoom
Cr Lyall Thurston
Cr Stacey Rose – via Zoom
Cr Paula Thompson
Cr Te Taru White – via Zoom
In Attendance: Bay of Plenty Regional Council: Fiona McTavish – Chief Executive, Mat Taylor – General Manager Corporate, Sarah Omundsen – General Manager Regulatory Services, Chris Ingle – General Manager Integrated Catchments; Karen Aspey - Director, People & Leadership, Kataraina O’Brien – Director Strategic Engagement – via Zoom, Mark Townsend – Engineering Manager – via Zoom, Paula Chapman – Project Manager – via Zoom, Yvonne Tatton – Governance Manager – via Zoom, Danni Manderson – Community Engagement Advisor, Stephanie Macdonald – Community Engagement Team Leader, Kumaren Perumal – Chief Financial Officer, Mark Le Comte – Principal Advisor Finance, Ruth Feist – Senior Urban Planner, Julie Bevan – Policy & Planning Manager, Nassah Rolleston-Steed – Principal Advisor, Stephen Lamb – Environmental Strategy Manager – via Zoom, Lynda Frew – Legal Council (Commercial Lead), Daniel Rapson – Deputy Harbourmaster, Tone Nerdrum Smith – Committee Advisor
Other: Youth Involvement Group Representatives: Radhika Dahya, Matariki Maxwell-Mihinui, Lahaina Kiel, Priority One: Hugh Hutchinson – Project Manager, Dean Kimpton - Tuhara Consulting - via Zoom
Apologies: Cr Toi Kai Rākau Iti (entire meeting), Cr Rose (early departure), Cr Thurston (late arrival)
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. (1) Council Zoom - 23 June 2022 - 1pm - YouTube
2. Opening Karakia
A karakia was provided by Cr Te Taru White.
3. Apologies
That the Regional Council: 1 Accepts the apologies from Cr Iti, Cr Rose (early departure) and Cr Thurston (late arrival) tendered at the meeting. CARRIED |
4. Items not on the Agenda
2022 LGNZ AGM Remits Recommendations |
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That the Regional Council: 1 Accepts the Report 2022 LGNZ AGM Remits Recommendations as an item not on the agenda; 2 Notes that the item was not included in the main agenda as the information was not available, and that a decision is required before the next meeting of Council. CARRIED |
5. Declaration of Conflicts of Interest
Cr Stuart Crosby – Item 9.5 Tauranga Stadium Project – Priority One and Public Excluded Item 10.8: Quayside Director Appointment.
Cr Te Taru White - Public Excluded Item 10.8: Quayside Director Appointment.
6. Minutes
Minutes to be Confirmed
Regional Council Minutes - 5 April 2022 |
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That the Regional Council: 1 Confirms the Regional Council Minutes - 5 April 2022 as a true and correct record. CARRIED |
Regional Council Minutes - 27 April 2022 |
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That the Regional Council: 1 Confirms the Regional Council Minutes - 27 April 2022 as a true and correct record. CARRIED |
Regional Council Minutes - 17 May 2022 |
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That the Regional Council: 1 Confirms the Regional Council Minutes - 17 May 2022 as a true and correct record. CARRIED |
Regional Council Minutes - 18 May 2022 Matters Arising Item 6.3 Transport and Urban Planning Reprioritisation, resolution 3, Fare Free Extension in Rotorua and Whakatāne: Noted that Tauranga was not mentioned/included in the resolution as there was no change in the already agreed direction. |
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That the Regional Council: 1 Confirms the Regional Council Minutes - 18 May 2022 as a true and correct record CARRIED |
Minutes to be Received
Rotorua Te Arawa Lakes Strategy Group Minutes - 22 October 2021 |
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That the Regional Council: 1 Receives the Rotorua Te Arawa Lakes Strategy Group Minutes - 22 October 2021. CARRIED |
Ōhiwa Harbour Implementation Forum Minutes - 12 November 2021 |
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That the Regional Council: 1 Receives the Ōhiwa Harbour Implementation Forum Minutes - 12 November 2021. CARRIED |
Regional Transport Committee Minutes - 15 March 2022 |
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That the Regional Council: 1 Receives the Regional Transport Committee Minutes - 15 March 2022. CARRIED |
Te Maru o Kaituna River Authority Minutes - 25 February 2022 |
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That the Regional Council: 1 Receives the Te Maru o Kaituna River Authority Minutes - 25 February 2022. CARRIED |
Rotorua Te Arawa Lakes Strategy Group Minutes - 20 April 2022 |
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That the Regional Council: 1 Receives the Rotorua Te Arawa Lakes Strategy Group Minutes - 20 April 2022. Pg 25, resolution 4 re targeted rates: RLC re transfer of incentives funding CARRIED |
Council - 31 March 2022 (Minutes to be Confirmed) |
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That the Regional Council: 1 Confirms the minutes of meeting of the Regional Council - 31 March 2022. CARRIED |
7. Reports
Chairperson's Report Key Points - Members: · Noted the attendance of Heads of Mission (Ambassadors) on 7 June 2022 · Noted the highly informative LGNZ ‘unpicking the RM reforms’ virtual symposium. |
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That the Regional Council: 1 Receives the report, Chairperson's Report. CARRIED |
Decisions Required
Bay of Plenty Regional Council Draft Youth Engagement Plan 2022 Presentation - Youth Engagement Plan pdf - Council - 23 June 2022: Objective ID A4131057 ⇨ Presented by: Radhika Dahya, Matariki Maxwell-Mihinui, Lahaina Kiel (Youth Involvement Group Representatives), Danni Manderson – Community Engagement Advisor and Stephanie Macdonald – Community Engagement Team Leader. Key Points: · Vision · Kaitiakitanga – Enabling guardianship · Whanaungatanga – Demonstrating respect for everything · Kotahitanga – Creating unity · Manaakitanga – Ensuring meaningful relationships · Manaaki tetahi ki tetahi ahakoa ko wai, ahakoa no hea: Show manaakitanga to everyone, no matter who they are no matter where they come from. Key Points - Members: · Recognised the significant and positive effort of the youth in the development of the engagement plan · Recognised the leadership provided by Cr Rose in this workstream. Key Points - Staff: · Working with volunteer and care groups was an identified action in the Youth Engagement Plan · Allocated opex for the Plan was approximately $80k in the current financial year. |
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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 the Youth Engagement Plan to the Director of Strategic Engagement. CARRIED |
1.26pm – Cr Thurston entered the meeting (via Zoom)
Rates Setting for the 2022/23 Financial Year Presented by: Kumaren Perumal – Chief Financial Officer – via Zoom Key Points: · Noted the amendment to resolution 25 to ensure alignment with the Remission and Postponement of Rates Policy. |
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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 the 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 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. 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. Amended Resolution 25: 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: (a) rates for the Minor River and Drainage Schemes as identified in recommendations 18 and 20; (b) any rates for which the requirement to pay has been postponed. 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.
RATING VALUATIONS ACT 1998 Delegations under the Rating Valuations Act 1998 have been delegated to staff directly by a Council resolution on 10 November 2021. Where there is more than one delegate, unless otherwise stated, the power is given to each delegate individually.
CARRIED |
Central Government Co-Investment in Flood Protection Schemes Presentation - Central Government Co-investment in Flood Protection pdf - Council - 23 June 2022: Objective ID A4131059 ⇨ Presented by: Mark Townsend – Engineering Manager and Paula Chapman – Project Manager (both via Zoom). Key Points: · Noted that the NZ River Managers SIG, on behalf of Council, had formally expressed its concerns regarding the current financial prioritisation by Central Government in the flood protection space. Key Points - Members: · Encouraged NZ River Managers SIG, on behalf of Council, to continue to approach Central Government to emphasize the importance of additional investment in flood protection initiatives. |
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That the Regional Council: 1 Receives the report, Central Government Co-Investment in Flood Protection Schemes. 2 Receives the report Central Government Co-investment in Flood Protection Scheme, Supplementary Report from Te Uru Kahika (Regional and Unitary Councils Aotearoa); 3 Endorses the ongoing conversation with Central Government for permanent co-investment in flood protection schemes. CARRIED |
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Approval of Proposed Change 6 (NPS-UD) to the Bay of Plenty Regional Policy Statement Presented by: Ruth Feist – Senior Urban Planner, Julie Bevan – Policy & Planning Manager, Nassah Rolleston-Steed – Principal Advisor Key Points: · Noted that if approval of The Proposed Change was granted with no requested changes, the notification timeframe could be brought forward. Key Points - Members: · Noted the particular reference in the S32 report regarding environmental offset as per the submission from Des Heke had been changed to a more a generic statement regarding offset, and that this would be reflected in the final document · Recognised the significant effort of staff and Cr Thompson, as the Chair of the Strategy & Policy Committee in this process. |
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That the Regional Council: 1 Receives the report, Approval of Proposed Change 6 (NPS-UD) to the Bay of Plenty Regional Policy Statement. 2 Confirms it is satisfied the requirements of Section 32 of the Resource Management Act 1991 have been met and adopts the Section 32 Report for Proposed Change 6 (NPS-UD) to the Bay of Plenty Regional Policy Statement. 3 Confirms it is satisfied the requirements of the Resource Management Act 1991, in particular sections 60, 61 and 62 and Schedule 1, relating to the preparation of a change to the Bay of Plenty Regional Policy Statement up to public notification stage, have been met. 4 Approves Proposed Change 6 (NPS-UD) to the Bay of Plenty Regional Policy Statement pursuant to Clause 5 of Schedule 1 to the Resource Management Act 1991, and makes the Section 32 Report publicly available at the time of the public notification. 5 Approves the public notification of the Proposed Change 6 (NPS-UD) to the Bay of Plenty Regional Policy Statement pursuant to the requirements of Clauses 5 and 7 of Schedule 1 to the Resource Management Act 1991. 6 Delegates authority to the Group Manager Strategy and Science to make any minor amendments, including grammatical and formatting, to Proposed Change 6 (NPS-UD) to the Bay of Plenty Regional Policy Statement and the Section 32 Evaluation Report prior to public notification. 7 Approves in principle that three Commissioners will be appointed to the Change 6 Hearing Panel; being one BOPRC Councillor, one expert in tikanga Māori and one urban growth technical expert. 8 Notes that the Hearing Panel will be appointed in early 2023 subject to resolution of Council or an appropriate Committee CARRIED |
Tauranga Stadium Project - Priority One Presentation - Dean Kimpton - Tauranga Stadium Feasibility pdf - Council - 23 June 2022: Objective ID A4124309 ⇨ Presented by: Hugh Hutchinson – Priority One, Dean Kimpton - Tuhara Consulting (via Zoom), Mark Le Comte – Principal Advisor Finance. Cr Crosby declared an interest in this item and abstained from discussion and voting. Key Points: · The number of spectators that could be accommodated would vary, depending on the type of games the stadium was expected to attract · The design of the stadium would maximise the spectator experience · Outlined the cultural input during the design phase, which would be further expanded during the development of the business case · Noted the tangata whenua representation on the governance group for the stadium project · The stadium would have an 8,000 seating capacity as the base line, but with the flexibility to expand for larger events that would attract more spectators. Key Points - Members: · Recognised the value and potential of a city stadium that incorporated the vista opportunities provided at the Tauranga Domain · Emphasized the need for rational thinking and realism, considering that there already were another two stadiums within an hour’s drive of Tauranga · Important to ensure the wider community was kept well informed regarding the cost impact of this project. |
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That the Regional Council: 1 Receives the report, Tauranga Stadium Project - Priority One. 2 Approves that the budgeted $40,000 per annum for Priority One projects for 2022/23 and 2023/24 is allocated to the Tauranga Stadium project. 3 Agrees that further funding for 2023/24 may be considered as part of Annual Plan 2023/24 based on updated business case information. CARRIED |
Monitoring and Responding to Central Government Reform Fiona McTavish – Chief Executive responded to questions. Key Points: · The report had been presented to Council, rather than the Strategy & Policy Committee due to timeframes. Key Points - Members: · Concerned that there had been little opportunity to carefully consider the matters within the report in the strategic setting of the Strategy & Policy Committee. · Agreed that further discussion was required. |
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That the Regional Council: 1 Receives the report, Monitoring and Responding to Central Government Reform. New Resolution 2: 2 Agrees that the report be referred to the next meeting of the Strategy & Policy Committee for consideration. CARRIED |
Maritime Vessel Procurement Presented by: Sarah Omundsen – General Manager Regulatory Services, Lynda Frew – Legal Council (Commercial Lead), Daniel Rapson – Deputy Harbourmaster. |
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That the Regional Council: 1 Receives the report, Maritime Vessel Procurement. 2 Approves the Procurement Plan for the design and build of a new Maritime vessel, and going to market to invite tenders as set out in the Plan. 3 Delegates to the Chief Executive, through acceptance of the Procurement Plan, the ability to approve the tender for the Design and Build of a new Maritime vessel and approve contracts, supplier selections and payments in exceedance of $400,000, including contract variations and renewals. 4 Notes that staff will work with interested Councillors to confirm specifications before going to tender. CARRIED |
Navigational Aids and Debris Removal Procurement Presented by: Sarah Omundsen – General Manager Regulatory Services, Lynda Frew – Legal Council (Commercial Lead), Daniel Rapson – Deputy Harbourmaster. Key Points: · Where those responsible for debris discharge or vessels subject to recovery were known, Council would seek costs. |
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That the Regional Council: 1 Receives the report, Navigational Aids and Debris Removal Procurement; 2 Approves the Procurement Plan for navigational aid and debris removal, including going to market to invite tenders as set out in the Plan; 3 Delegates to the Chief Executive, through acceptance of the Procurement Plan, the ability to approve the tender for the Aid to Navigation Maintenance and Debris Removal contracts, supplier selections and payments in exceedance of $400,000, including contract variations and renewals. CARRIED |
8. Consideration of Items not on the Agenda
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:
CARRIED |
10. Closing Karakia
A karakia was provided by Cr Te Taru White.
3.33 pm – the meeting closed.
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Chairperson, Regional Council