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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
11 August 2022 COMMENCING AT 9.30 am
This meeting will be
livestreamed and recorded.
The Public section of
this meeting will be livestreamed and recorded and uploaded to Bay of Plenty
Regional Council’s website. Further details on this can be found
after the Terms of Reference within the Agenda. Bay of Plenty Regional
Council - YouTube
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Fiona McTavish
Chief Executive, Bay
of Plenty Regional Council Toi Moana
3 August 2022
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Membership
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Chairperson
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Chairman Doug Leeder
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Deputy Chairperson
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Cr Jane Nees
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Members
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All Councillors
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Quorum
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Seven members, consisting
of half the number of members
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Meeting frequency
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Six weekly or as
required for Annual Plan, Long Term Plan and other relevant legislative
requirements
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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
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Council has a role to monitor the functioning of all committees.
·
Council will consider matters not within the delegation of any
one Council committee.
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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:
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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:
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Make a rate.
·
Make a bylaw.
·
Borrow money or purchase or dispose of assets, other than in
accordance with the long-term plan.
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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 11 August 2022
Recommendations in reports are not to be construed as Council
policy until adopted by Council.
Agenda
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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.
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“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”.
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1. Opening Karakia
2. Apologies
3. Public Forum
3.1 Dairy
NZ - He Waka Eke Noa programme - Roger Lincoln/Nick Tait
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
- 23 June 2022 4
9. Reports
9.1 Chairperson's Report 4
Decisions Required
9.2 Recommendations from
Public Transport Committee 4
Attachment 1 - Copy of Original
Report to Public Transpot Committee - 85 Connector Bus Service 4
9.3 Recommendations from Bay
of Plenty Regional Navigation Safety Bylaws Review Subcommittee 4
Attachment 1 - Copy of Orignal
Report - Terms of Reference for the Navigation Safety Bylaws Subcommittee 4
Attachment 2 - FINAL Navigation
Safety Bylaws Review Subcommittee Terms of Reference 4
9.4 Local Government Funding
Agency Statement of Intent 4
Attachment 1 - LGFA Letter 4
Attachment 2 - LGFA Statement of
Intent 2022-2025 4
9.5 Bay of Plenty Local
Authority Shared Services Statement of Intent 4
Attachment 1 - BOPLASS Statement of
Intent 2022-2025 4
9.6 Quayside Group Statements
of Intent 4
Attachment 1 - Quayside Holdings
Group Letter 4
Attachment 2 - Quayside Holdings
Group Statement of Intent 2022-2025 4
Supporting Document 1 - Aqua Curo
Statement of Intent 2022-2025
Supporting Document 2 - Barnett
Place Statement of Intent 2022-2025
Supporting Document 3 - Huakiwi
Services Statement of Intent 2022-2025
Supporting Document 4 - Lakes
Commercial Development Statement of Intent 2022-2025
Supporting Document 5 - Mystery
Valley Statement of Intent 2022-2025
Supporting Document 6 - Portside
Drive Statement of Intent 2022-2025
Supporting Document 7 - Tauranga
Commercial Developments Statement of Intent 2022-2025
Supporting Document 8 - Tauriko
Statement of Intent 2022-2025
Supporting Document 9 - Te Papa
Tipu Statement of Intent 2022-2025
Supporting Document 10 - The Vault
Statement of Intent 2022-2025
Information Only
9.7 Summary of Elected
Members' Expenditure July 2021 - June 2022 4
Attachment 1 - 2021-2022 BOPRC
Councillors Expenditure.pdf 4
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:
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Item
No.
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Subject of each matter to be considered
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Reason for passing this resolution in relation to each
matter
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Grounds under Section 48(1) for the passing of this
resolution
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When the item can be released into the public
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10.1
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Public
Excluded Regional Council Minutes - 23 June 2022
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As
noted in the relevant Minutes.
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As
noted in the relevant Minutes.
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To
remain in public excluded.
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10.2
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Whakarewarewa
Wallaby Containment Fence Project
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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).
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48(1)(a)(i)
Section 7 (2)(h); 48(1)(a)(i) Section 7 (2)(i).
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On
the Chief Executive's approval.
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Minutes
to be Confirmed
10.1 Public Excluded Regional Council
Minutes - 23 June 2022
Decisions Required
10.2 Whakarewarewa Wallaby Containment
Fence Project
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
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Regional Council
Minutes
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23 June 2022
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Regional Council
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
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Resolved
That the Regional Council:
1 Accepts
the apologies from Cr Iti, Cr Rose (early departure) and Cr Thurston (late
arrival) tendered at the meeting.
Leeder/Love
CARRIED
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4. Items
not on the Agenda
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4.1
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2022 LGNZ AGM Remits
Recommendations
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Resolved
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.
Leeder/Nees
CARRIED
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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
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6.1
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Regional Council Minutes - 5
April 2022
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Resolved
That the Regional Council:
1 Confirms
the Regional Council Minutes - 5 April 2022 as a true and correct record.
Love/Bruning
CARRIED
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6.2
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Regional Council Minutes - 27
April 2022
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Resolved
That the Regional Council:
1 Confirms
the Regional Council Minutes - 27 April 2022 as a true and correct record.
Leeder/Love
CARRIED
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6.3
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Regional Council Minutes - 17
May 2022
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Resolved
That the Regional Council:
1 Confirms
the Regional Council Minutes - 17 May 2022 as a true and correct record.
Leeder/Love
CARRIED
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6.4
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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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Resolved
That the Regional Council:
1 Confirms
the Regional Council Minutes - 18 May 2022 as a true and correct record
Leeder/Love
CARRIED
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Minutes to be Received
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6.5
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Rotorua Te Arawa Lakes
Strategy Group Minutes - 22 October 2021
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Resolved
That the Regional Council:
1 Receives
the Rotorua Te Arawa Lakes Strategy Group Minutes - 22 October 2021.
Leeder/Winters
CARRIED
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6.6
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Ōhiwa Harbour
Implementation Forum Minutes - 12 November 2021
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Resolved
That the Regional Council:
1 Receives
the Ōhiwa Harbour Implementation Forum Minutes - 12 November 2021.
Clark/Leeder
CARRIED
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6.7
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Regional Transport Committee
Minutes - 15 March 2022
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Resolved
That the Regional Council:
1 Receives
the Regional Transport Committee Minutes - 15 March 2022.
Nees/Leeder
CARRIED
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6.8
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Te Maru o Kaituna River
Authority Minutes - 25 February 2022
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Resolved
That the Regional Council:
1 Receives
the Te Maru o Kaituna River Authority Minutes - 25 February 2022.
McDonald/Nees
CARRIED
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6.9
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Rotorua Te Arawa Lakes
Strategy Group Minutes - 20 April 2022
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Resolved
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
Winters/Nees
CARRIED
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6.10
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Council - 31 March 2022
(Minutes to be Confirmed)
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Resolved
That the
Regional Council:
1 Confirms
the minutes of meeting of the Regional Council - 31 March 2022.
Rose/Leeder
CARRIED
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7. Reports
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7.1
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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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Resolved
That the Regional Council:
1 Receives
the report, Chairperson's Report.
Leeder/Love
CARRIED
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Decisions Required
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7.2
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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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Resolved
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.
Nees/Rose
CARRIED
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1.26pm – Cr
Thurston entered the meeting (via Zoom)
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7.3
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Adoption of the Annual Plan
2022/23 and Related Policies
Fiona
McTavish – Chief Executive introduced this
item, highlighting key aspects pf the decisions and priorities that formed
the 2022/23 Annual Plan, which represented an ambitious and transformational
work programme. Further noted the general rate increase of 5.8%.
Attending for
this item was Kumaren Perumal – Chief
Financial Officer (via Zoom).
Key Points - Members:
· Noted the change
to the Remission and Postponement of Rates Policy
· Noted the
comprehensive and robust Annual Plan process
· Proposed Changes:
o Annual Plan Summary –
Introductory Statement: Change to ‘average real targeted rate increase
of 0.9%’, to provide additional clarity;
o Page 206: Provide an English
translation of the Māori phrase pertaining to the tail end of the waka.
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Resolved
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;
Love/Nees
CARRIED
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7.4
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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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Resolved
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.
|
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
|
· Chief Executive
· General Manager, Corporate
· Chief Financial Officer
· Manager responsible for Rates Collection
· Rates Team Leader
· Kaitohutohu Matua, Whenua Māori (Māori Land Rates
Specialist)
|
|
115
|
Power to postpone the requirement to pay all or part of the
rates on Māori freehold land (including penalties for unpaid rates) in
accordance with Council’s remission and postponement of rates on
Māori freehold land policy and section 115
|
· Chief Executive
· General Manager, Corporate
· Chief Financial Officer
· Manager responsible for Rates Collection
|
|
116
|
Power to determine whether to give consent to the
Governor-General exempting Māori freehold land, as specified in the
relevant Order in Council, from some or all liability for rates.
|
· Chief Executive
· General Manager, Corporate
· Chief Financial Officer
|
|
131
|
Power to arrange for a registered valuer to make an estimate of
the projected valuation of all rateable land
|
· Chief Executive
· General Manager, Corporate
· Chief Financial Officer
· Manager responsible for Rates Collection
|
|
135(2)
|
Power to sign the documents specified in section 135 as correct
copies for the purpose of legal proceedings
|
· Chief Executive
· General Manager, Corporate
· Chief Financial Officer
· Manager responsible for Rates Collection
· In-House Legal Counsel
|
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.
|
SECTION
|
DESCRIPTION
OF FUNCTION / POWER / DUTY
|
DELEGATES
|
|
|
Any of the functions, powers and duties conferred on the Council
by the Rating Valuations Act 1998 (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:
· 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 Collection
|
|
43
|
Power to agree with the relevant territorial authority the
amount of Council’s share of the costs of the relevant territorial
authority in preparing and maintaining its district valuation roll.
|
· Chief Executive
· General Manager, Corporate
· Chief Financial Officer
· Manager responsible for Rates Collection
|
Love/Rose
CARRIED
|
|
7.5
|
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..
|
|
|
Resolved
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.
Nees/Crosby
CARRIED
|
|
7.6
|
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.
|
|
|
Resolved
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
Nees/Thompson
CARRIED
|
|
7.7
|
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.
|
|
|
Resolved
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.
von Dadelszen/Thompson
CARRIED
|
|
7.8
|
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.
|
|
|
Resolved
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.
Thompson/von Dadelszen
CARRIED
|
|
7.9
|
Maritime Vessel Procurement
Presented by: Sarah
Omundsen – General Manager Regulatory Services,
Lynda Frew – Legal Council (Commercial Lead), Daniel Rapson –
Deputy Harbourmaster.
|
|
|
Resolved
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.
Thompson/Rose
CARRIED
|
|
7.10
|
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.
|
|
|
Resolved
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.
Thompson/Crosby
CARRIED
|
8. Consideration
of Items not on the Agenda
|
8.1
|
2022 LGNZ AGM Remits
Recommendations
|
|
|
Presented by: Yvonne
Tatton – Governance Manager – via Zoom.
Key Points - Members:
· Chairman Leeder
and Cr Nees would be Council’s delegates at the Local Government New
Zealand (LGNZ)’s AGM
· Although Council
provided direction regarding the remits, the delegates’ voting would be
dependent on the discussion at the AGM as appropriate.
|
|
|
Resolved
That the Regional Council:
1 Receives
the report, and
accepts it as an Item not on the Agenda. Notes the reason why this item was
not on the Agenda is that the LGNZ AGM Remits were received after the Agenda
was published, and the reason why it cannot be delayed is the LGNZ AGM occurs
prior to the next meeting of Council;
2 Adopts
the staff recommendations on Remits 1, 2 and 4, identified in the attachment
to this report, as the Regional Council’s position to provide guidance
for Council’s voting delegates at the LGNZ AGM.
Love/Thompson
CARRIED
|
9. Public
Excluded Section
|
Resolved
Resolution to exclude the public
1 Excludes the public from the following parts of the proceedings of
this meeting as set out below:
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 Regional Council Minutes - 5 April 2022
|
As noted in the relevant Minutes.
|
As noted in the relevant Minutes.
|
To remain in public excluded.
|
|
9.2
|
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.
|
|
9.3
|
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.
|
|
9.4
|
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.
|
|
9.5
|
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.
|
|
9.6
|
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.
|
|
9.7
|
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.
|
|
9.8
|
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.
|
|
9.9
|
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.
|
|
|
|
|
|
|
Leeder/Thompson
CARRIED
|
10. Closing
Karakia
A karakia was
provided by Cr Te Taru White.
3.33 pm – the meeting closed.
Confirmed
Chairman Doug Leeder
Chairperson, Regional Council
|
|
|
|
|
|
Report To:
|
Regional
Council
|
|
Meeting
Date:
|
11
August 2022
|
|
Report
Authoriser:
|
Doug Leeder
|
|
|
|
|
Executive Summary
Since the
preparation of the previous Chairperson’s Report (for the 23 June 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
|
|
15 June
|
Tauranga Civic Prayer
Breakfast 2022 - Tauranga
|
Invited by Tauranga City
Council Commission Chair Anne Tolley. An opportunity to bring
community-minded Tauranga Moana leaders together and share prayer for the
city’s wellbeing and future prosperity.
|
|
Meeting
with Tauranga City Council Commissioner Chair Anne Tolley, and Western Bay of
Plenty District Council Mayor Garry Webber - Tauranga
|
Attended.
|
|
Informal
Meeting between Bay of Plenty Regional Council Tauranga Councillors and
Tauranga City Council Commissioners - Tauranga
|
Discussed
topical matters for Tauranga.
|
|
Project
Rerewhakaaitu Annual General Meeting – Rerewhakaaitu
|
Attended
as a guest speaker and spoke about topical matters.
|
|
16 June
|
Commemorating
The Treaty of Waitangi Presentation – Whakatāne
|
Invited
by Te Runanga o Ngāti Awa.
|
|
22 June
|
Kaimai
Mamaku Restoration Project Handover Ceremony – Wairere Falls
|
An
event to officially recognise the handover of the Kaimai Mamaku Restoration
Project from the Department of Conservation’s transitional project team
to the Manaaki Kaimai Mamaku Trust.
|
|
27 June
|
Additional
National Council Meeting – Wellington
|
Attended.
|
|
28 June
|
Fortnightly
National Council Meeting – Videoconference
|
A
briefing from the Panel for the Future for Local Government prior to their
presentation at the Local Government New Zealand Conference.
|
|
1 July
|
Bay
of Plenty Ballance Farm Environment Awards – Tauranga
|
Councillor
Bruning presented the Bay of Plenty Regional Council Farming for the Future
Award to Winston Fleming.
|
|
7 July
|
Interview
with Consultant Firm Grant Thornton – Video conference
|
Discussed
the strategic aspect of our Risk Management Framework.
|
|
9 July
|
Kawe
mate in remembrance of Ta Harawira Tiri Gardiner – Whakatāne
|
Attended.
|
|
12 July
|
Fortnightly
National Council Meeting – Videoconference
|
Attended.
|
|
13 July
|
Opening
of the new WaiOra Wellbeing Center (Tauranga Moana) – Tauranga
|
Attended.
|
|
15 July
|
National
Council meeting – Videoconference
|
Attended.
|
|
18 July – 20 July
|
Regional
Sector Tour – Palmerston North
|
Attended.
|
|
20 July
|
Local
Government New Zealand Conference Opening Ceremony – Palmerston
North
|
This
is covered in more detail in the following section.
|
|
|
Local
Government New Zealand Conference Simpson Grierson Welcome and Reception
– Palmerston North
|
Attended.
|
|
21 July
|
Local
Government New Zealand Conference Fonterra Breakfast – Palmerston
North
|
Attended.
|
|
22 July
|
Minister
of Local Government Hon Nanaia Mahuta address and morning tea – Palmerston
North
|
This
is covered in more detail in the following section.
|
|
|
Local
Government New Zealand Conference Regional Sector Meeting – Palmerston
North
|
This
is covered in more detail in the following section.
|
|
|
Local
Government New Zealand Conference Fulton Hogan Dinner and LGNZ EXCELLENCE
Awards – Palmerston North
|
Attended.
|
|
26 July
|
Meeting
between Hon Kiri Allan, Hon Meka Whaitiri, Gisborne and Ōpōtiki
Local Government Officials and Iwi Leaders – Videoconference
|
Spoke
about topical local matters.
|
|
28 July
|
2022
Local Government New Zealand Annual General Meeting - Videoconference
|
This
is covered in more detail in the following section.
|
|
Meeting
with Trust Horizon – Whakatāne
|
Spoke
about topical matters including what Bay of Plenty Regional Council is doing
in the Climate Change space and initiatives like the Sustainable Homes
Scheme.
|
|
29 July
|
Port
of Tauranga Ltd Board Meeting – Tauranga
|
Attended.
|
3. Matters
of Potential Interest
3.1 Local
Government New Zealand Conference and EXCELLENCE Awards 2022
The conference was held from 20
to 22 July 2022 and included a number of presentations and speakers on various
topics with the overall theme of “Te Wā Heke Mai- The Future". This theme focussed on
discovering what the future for local government might have in store.
As the
keynote speaker at the opening ceremony, Rt Hon Jacinda Ardern Prime Minister
acknowledged that there is a lot on local government’s plate with the
substantial reforms that are in progress.
On the final day of the conference, Minister of Local
Government Hon Nanaia Mahuta touched on New Zealand’s climate future, the
reform programme, and the importance of both central and local government
working together.
The conference was attended by
around 600 delegates including Mayors, Chairs, Chief Executives, Councillors
and senior management from across New Zealand’s councils. There were also
attendees from the private and business sectors, and government and
non-government agencies.
The presentation videos will be
available on the Local Government New Zealand website.
3.2 Regional
Sector Meeting
The Regional Sector meeting for
regional/unitary council Chairs/Mayors and Chief Executives, was held after the
end of the Local Government New Zealand Conference during the afternoon on 22
July 2022. It was a relatively short and informal meeting which included
a discussion on topical reform matters.
3.3 Local
Government New Zealand 2022 Annual General Meeting
The Local Government New Zealand
Annual General Meeting (LGNZ AGM) was held on 28 July 2022.
All six remits considered at the
LGNZ AGM, were supported. The remits were around: Central Government funding
for public transport, review of Government transport funding, illegal street
racing, bylaw infringements, density and proximity of vaping retailers, and polling
LGNZ members.
Bay of Plenty Regional Council
was entitled to five votes at the AGM. I was the presiding delegate for the
purpose of voting, with Deputy Chairperson Jane Nees being the substitute
voting delegate in the event of my absence.
|
|
|
|
|
|
Report To:
|
Regional
Council
|
|
Meeting
Date:
|
11 August
2022
|
|
Report
Writer:
|
Jen Proctor, Transport Operations
Team Lead
|
|
Report
Authoriser:
|
Evaleigh
Rautjoki-Williams, Acting General Manager, Corporate
|
|
Purpose:
|
Recommendation from Public Transport
Committee to Council
|
|
|
|
Recommendations
from Public Transport Committee
|
Executive Summary
Committees and Subcommittees are
empowered to make decisions within their Terms of Reference without having to
go back to Council. Where a matter is beyond a Committee’s (or
Subcommittee’s) Terms of Reference, they can make recommendations to
their Parent Committee or Council. When the parent body or Council considers
such a recommendation, it can resolve to:
(i) Adopt
the recommendation(s);
(ii) Modify
the recommendation(s);
(iii) Refer
the recommendation(s) to another Committee;
(iv) Defer
or decline the recommendation(s) (giving reasons).
This report outlines recommendations from the Public
Transport Committee meeting held 23 June 2022 for Regional Council to
consider (Contract Renewal of 85 Connector Bus Service, attached).
|
Recommendations
That the Regional
Council:
1 Receives the report, Recommendations from Public Transport Committee.
2 Adopts the recommendations from the Public
Transport Committee meeting held on 23 June 2022 specific to the report,
Contract Renewal of 85 Connector Bus Service to:
(a) Endorse the continuation of Waihi Beach passenger transport service
as a permanent two day a week service for a further 12
months;
(b) Notes that associated funding has been included in the 2022-2023
Annual Plan.
1. Background
1.1 Contract
Renewal of 85 Connector Bus Service
1.1.1 Introduction
At the Public Transport Committee
Meeting on 23 June 2022, members endorsed the continuation of the Waihī
Beach passenger transport service as a permanent two-day-a-week service for a
further 12 months through to 30 June 2023.
The Waihī Beach Trial service was originally
approved as a result of submissions received on the Draft 2015 – 2025
Long Term Plan. The original trial began operating in October 2015 as an
extension to the Katikati Shopper service.
On 8 February 2019 the Public Transport Committee
agreed that the current configuration of the Waihi Beach trial passenger
transport service had been successful and endorsed its continuation as a permanent
two day a week service.
The service currently connects Waihī, Waihī
Beach and Katikati, in a continuous loop four times a day, two days a week
(excluding public holidays). By providing more frequent
and direct links between Katikati, Waihī Beach and Waihī, Council is
enabling residents in these communities to stay connected with each other and
is particularly beneficial for people who do not have access to a private car.
The service is important in providing towns outside of urban areas with access
to essential community goods and services.
Agreement is sought from Regional
Council to adopt the recommendations from the Public Transport Committee
meeting for the continuation of the Waihī Beach passenger transport
service.
1.1.2 Financial
Implications
Budget of $58,000 has been included in Annual Plan
2022-2023 for ND Kiwi Tours, Katikati to Waihī Beach service currently
known as the 85 Town Connector.
This
budget continues over the ten-year plan, increasing with inflation.
The cost, net of fees and charges and other
revenue, is funded 51% from Waka Kotahi as part of the continuous programme.
The remainder is funded from Targeted Rates.
This work is being undertaken within
the current budget for the Passenger Transport Activity in the Annual Plan 2022/23.
Council’s 2021-2031 Long Term Plan does contain
specific budgeted expenditure for the Waihī Beach service from year two
onwards. Any additional costs will be budgeted into future Long-Term Plans or
Annual Plans. Note this contract will end on 30 June 2023.
2. Next
Steps
There are some Land Transport
Management Act process issues still to be worked through due to the service
being cross-boundary. Staff continue to work with New Zealand Transport Agency
and Waikato Regional Council staff to determine if there is the possibility of
a co-funding arrangement being reached. This will be worked through with the
development of linked services from Paeroa.
Staff will need to formalise the
contractual variations with the supplier, ND Kiwi Tours if the Public Transport
Committee recommendations are adopted.
Attachments
Attachment 1 - Copy of Original Report to Public Transpot Committee
- 85 Connector Bus Service ⇩
Regional
Council 11 August 2022
|
|
|
|
|
|
Report To:
|
Regional
Council
|
|
Meeting
Date:
|
11
August 2022
|
|
Report
Writer:
|
Toni Briggs, Senior Project Manager
|
|
Report
Authoriser:
|
Reuben
Fraser, General Manager, Regulatory Services
|
|
Purpose:
|
To present the final Terms of
Reference for Adoption by Council.
|
|
|
|
Recommendations
from Bay of Plenty Regional Navigation Safety Bylaws Review Subcommittee
|
Executive Summary
Committees and Subcommittees are
empowered to make decisions within their Terms of Reference without having to
go back to Council. Where a matter is beyond a Committee’s (or
Subcommittee’s) Terms of Reference, they can make recommendations to
their Parent Committee or Council. When the parent body or Council considers
such a recommendation, it can resolve to:
(i) Adopt
the recommendation(s);
(ii) Modify
the recommendation(s);
(iii) Refer
the recommendation(s) to another Committee;
(iv) Defer
or decline the recommendation(s) (giving reasons).
This report outlines recommendations from the Bay of
Plenty Regional Navigation Safety Bylaws Review Subcommittee meeting held 26
July 2022 for Regional Council to consider (Terms of Reference for the
Navigation Safety Bylaws Review Subcommittee, attached).
Council is also being made aware that based on legal
advice this entity will revert to being a committee of council rather than a
Subcommittee as has traditionally been established.
|
Recommendations
That the Regional
Council:
1 Receives the report, Recommendations from Bay of Plenty Regional
Navigation Safety Bylaws Review Subcommittee;
2 Approves changing and adopting the Navigation Safety Bylaws Review
Subcommittee as a committee of Council and for the purpose of intent
retrospectively applies all previous references to ‘subcommittee’
to mean ‘committee’;
3 Notes that Councillor Toi Iti was voted as Deputy Chair for the Navigation
Safety Bylaws Review Committee;
4 Adopts the recommendations from the Bay of
Plenty Regional Navigation Safety Bylaws Review Subcommittee meeting held on 26
July 2022 specific to the report, Terms of Reference for the Navigation Safety
Bylaws Review Committee to:
(a) Recommends to Regional Council, adoption of the final Navigation
Safety Bylaws Committee Terms of Reference.
1. Background
1.1 Status
of the Navigational Safety Bylaws Review as a Committee of Council
Internal legal advice has been
received that that while there is no express guidance in
the Local Government Act 2002 (LGA) on a subcommittee being directly formed by
Council, the better interpretation is that a subcommittee is created by a
committee.
Therefore in order to correct the
previous practice of Council creating a subcommittee for the purpose of
reviewing the BOPRC Navigation Safety Bylaws, Council is ask to adopt the
entity as a committee of Council and retrospectively apply reference from “subcommittee”
to “committee” for the purposes of the BOPRC Navigation Safety
Bylaws Review.
1.2 Terms
of Reference for the Navigation Safety Bylaws Review Subcommittee
The Bay of
Plenty Regional Navigation Safety Bylaws Review Subcommittee met for its first
meeting on 26 July 2022. Part of the agenda was to agree to the
recommended Terms of Reference.
The following is an excerpt from the
Subcommittee minutes:
Approves
the following amendments be made to the draft Terms of Reference at this
meeting:
i) Removes
“the decision on the matter may be made by a 70% majority of those
present”
ii) Inserts
“the decision on the matter may be made by a 75% majority of those
present”
iii) Agrees
the quorum of the Subcommittee to be a minimum of two tangata whenua members
and two councillors.
The subcommittee also
considered the appointment of a Deputy Chair. Councillor Toi Iti was nominated
and elected as Deputy Chair for the Subcommittee.
2. Next
Steps
The Regional Navigation Safety Bylaws
Subcommittee will review the current Navigation Safety Bylaws 2017 and develop
a new Navigation Safety Bylaws 2023 as outlined in the Terms of Reference.
Attachments
Attachment 1 - Copy of Orignal Report - Terms of Reference for the
Navigation Safety Bylaws Subcommittee ⇩
Attachment 2 - FINAL Navigation Safety Bylaws Review Subcommittee
Terms of Reference ⇩
Regional
Council 11 August 2022
Regional Council 11 August 2022
|
|
|
|
|
|
Report To:
|
Regional
Council
|
|
Meeting
Date:
|
11
August 2022
|
|
Report
Writer:
|
Mark Le Comte, Principal Advisor,
Finance and Kumaren Perumal, Chief Financial Officer
|
|
Report
Authoriser:
|
Evaleigh
Rautjoki-Williams, Acting General Manager, Corporate
|
|
Purpose:
|
For Council to receive the Local
Government Funding Agency’s Statement of Intent
|
|
|
|
Local
Government Funding Agency Statement of Intent
|
Executive Summary
Council
considered the draft Local Government Funding Agency Statement of Intent
(SOI) at the 5 April 2022 meeting and chose not to provide feedback. The
final SOI has been received.
The
main changes from the draft SOI include:
· Borrowing
margins have increased by 5 basis points (0.05%) to ensure that the LGFA
balance sheet remains strong to maintain a similar credit rating and
confidence of investors.
· Forecast
net operating profits have reduced, but LGFA is still forecasting a profit in
each year. The reduced profit is due to forecast monetary policy tightening
and the impact of the LGFA portfolio of investments and borrowing.
|
Recommendations
That the Regional
Council:
1 Receives the report, Local Government Funding Agency Statement of
Intent.
2 Agrees that no formal feedback is required on the Local Government
Funding-Agency Statement of Intent 2022-2025.
1. Introduction
Council
considered the draft LGFA SOI at the 5 April 2022 meeting and chose not to
provide feedback. The final SOI has been received.
1.1 Legislative
Framework
The requirements and process for
completing the SOI is set in the LGA sections 64, 64A, 64B and schedule 8. The
CCO Board must deliver the final SOI to Shareholders, however, there is no
requirement for Council to adopt or approve the SOI.
1.2 Alignment
with Strategic Framework
|
A Healthy Environment
|
|
|
Freshwater for Life
|
|
|
Safe and Resilient Communities
|
|
|
A Vibrant Region
|
|
|
The Way We Work
|
We look
to partnerships for best outcomes.
|
The LGFA provides low-cost financing options by combining
the borrowing requirements across multiple councils.
1.2.1 Community
Well-beings Assessment
|
Dominant Well-Beings Affected
|
|
¨ Environmental
|
¨ Cultural
|
¨ Social
|
þ Economic
|
Low borrowing costs provide
value to ratepayers.
2. Local
Government Funding Agency Statement of Intent
The LGFA has delivered a
covering letter (attachment 1) and final SOI (attachment 2). The covering
letter outlines the main points from the SOI and key changes from the draft
SOI.
The draft and final SOI have
been reviewed by the LGFA Shareholders’ Council, including our
representative The Regional Council’s CFO, Kumaren Perumal, who is the
Chair of the Shareholders’ Council. The Shareholders’ Council fully
support the company’s direction and objectives set out in the SOI and
have no substantive concerns or feedback.
The
main changes from the draft SOI include:
· Borrowing
margins have increased by 5 basis points (0.05%) to ensure that the LGFA
balance sheet remains strong to maintain a similar credit rating and confidence
of investors
· Forecast net operating profits have reduced, but LGFA is still
forecasting a profit in each year. This is due to the impact of markets pricing
in increased interest rates which has a net effect because the LGFA:
o Holds a
liquid assets portfolio that is funded from issuing long-term borrowing to
ensure that funds are available for councils. This provides certainty for
councils but has an increased net cost for the LGFA as the spread between the
official cash rate and bank mill yields has increased.
o Borrows at fixed rates and
lends to many councils at floating rates. LGFA manages the interest rate risk
by purchasing interest rate swaps. As interest rates rise, there are unrealised
losses on the swaps and gains on the fixed rate borrowing. However, the swaps
need to have collateral provided or LGFA needs to increase the size of its liquidity
facility, both of these options increase costs.
o Has an average term of
borrowing that is one year longer than the average term of lending. This
ensures that LGFA has funds available to lend to councils but has a net cost
for the LGFA.
There is uncertainty, and
therefore risk, around the role that the LGFA will take with the proposed new
Water Service Entities.
3. Considerations
3.1 Risks
and Mitigations
There are no significant risks
associated with this matter/subject/project/initiative. Council is a guarantor
of LGFA loans, however, the risk of default by other councils is minimal.
The role of LGFA in providing
new funding to the proposed Water Service Entities (WSE) and how borrowing and
assets will transition between councils and the WSE’s is unclear.
LGFA forecasts are dependent on
the forecast borrowing requirements of councils across New Zealand and their
ability to deliver capital projects.
3.2 Climate
Change
The matters
addressed in this report are of a procedural nature and there is no need to
consider climate change impacts. The LGFA provides Green, Social and
Sustainability loans.
3.3 Implications
for Māori
The matters
addressed in this report are of a procedural nature and the impact on
Māori is equivalent to the impact on the general community.
3.4 Community
Engagement
|
|
INFORM
Whakamōhio
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To provide affected communities with balanced and
objective information to assist them in understanding the problems,
alternatives and/or solutions.
|
Council will publish the LGFA
SOI on its website.
3.5 Financial
Implications
If the recommendation is adopted by Council,
will it result in:
- Unbudgeted work during the current financial
year?
- Unbudgeted work for any of the years remaining
in the current Long Term Plan?
If the answer is ‘no’ to
both questions please select the dropdown option 1 and complete appropriately.
If the answer is ‘yes’ to either
question please select “Budget Implications” in the building block
below and liaise with your Management Accountant in order to complete the
Financial Impact table.
There are no
material unbudgeted financial implications and this fits within the allocated
budget.
4. Next
Steps
Next Steps: What next? What resources are
needed? Further analysis? Timeframes ahead. Any consultation planned. Remind
Council of the process ahead. Next update to Council?
Conclusion: Short concluding remarks. Referring
back to recommendations. No new content.
Staff will continue to work with Quayside and the LGFA
on any funding requirements.
Attachments
Attachment 1 - LGFA Letter ⇩
Attachment 2 - LGFA Statement of Intent 2022-2025 ⇩
Regional
Council 11 August 2022
Regional Council 11 August 2022
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Report To:
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Regional
Council
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Meeting
Date:
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11
August 2022
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Report
Writer:
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Mark Le Comte, Principal Advisor,
Finance and Kumaren Perumal, Chief Financial Officer
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Report
Authoriser:
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Evaleigh
Rautjoki-Williams, Acting General Manager, Corporate
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Purpose:
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For Council to receive the Bay of
Plenty Local Authority Shared Services (BOPLASS) Statement of Intent
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Bay
of Plenty Local Authority Shared Services Statement of Intent
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Executive Summary
Council
considered the draft Bay of Plenty Local Authority Shared Services (BOPLASS)
Statement of Intent (SOI) at the 5 April 2022 meeting and chose not to
provide feedback. The final Statement of Intent has been received, with no
material changes from the draft.
|
Recommendations
That the Regional
Council:
1 Receives the report, Bay of Plenty Local Authority Shared Services
Statement of Intent.
2 Agrees that no formal feedback is required on the BOPLASS Statement
of Intent 2021-2024.
1. Introduction
Council
considered the draft BOPLASS Statement of Intent (SOI) at the 5 April 2022
meeting and chose not to provide feedback. The final Statement of Intent has
been received (attachment 1).
1.1 Legislative
Framework
The requirements and process for
completing the SOI is set in the LGA sections 64, 64A, 64B and schedule 8. The
CCO Board must deliver the final SOI to Shareholders, however, there is no
requirement for Council to adopt or approve the SOI.
1.2 Alignment
with Strategic Framework
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A Healthy Environment
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Freshwater for Life
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Safe and Resilient Communities
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A Vibrant Region
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|
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The Way We Work
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We look
to partnerships for best outcomes.
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BOPLASS provides the opportunity for efficiency by
collaborating with other councils in the Bay of Plenty.
1.2.1 Community
Well-beings Assessment
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Dominant Well-Beings Affected
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|
¨ Environmental
|
¨ Cultural
|
¨ Social
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þ Economic
Low -
Positive
|
The opportunity to share
services reduces costs for councils.
2. Considerations
2.1 Risks
and Mitigations
There are no
significant risks associated with this matter/subject/project/initiative.
2.2 Climate
Change
The matters
addressed in this report are of a procedural nature and there is no need to
consider climate change impacts.
2.3 Implications
for Māori
BOPLASS provides specific agreed
services. Opportunities for social procurement are considered when appropriate.
2.4 Community
Engagement
|
|
INFORM
Whakamōhio
|
To provide affected communities with balanced and
objective information to assist them in understanding the problems,
alternatives and/or solutions.
|
2.5 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.
3. 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 BOPLASS SOI will be published on Council’s
website and staff will continue to work with BOPLASS on project delivery and
investigation of any further opportunities.
Attachments
Attachment 1 - BOPLASS Statement of Intent 2022-2025 ⇩
Regional
Council 11 August 2022
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|
|
|
|
|
Report To:
|
Regional
Council
|
|
Meeting
Date:
|
11
August 2022
|
|
Report
Writer:
|
Mark Le Comte, Principal Advisor,
Finance and Kumaren Perumal, Chief Financial Officer
|
|
Report
Authoriser:
|
Evaleigh
Rautjoki-Williams, Acting General Manager, Corporate
|
|
Purpose:
|
For Council to receive the Statements
of Intent for the Quayside Group
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|
|
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Quayside
Group Statements of Intent
|
Executive Summary
This report intends to complete the Council process for the Quayside
Holdings Group Statements of Intent (SOI). To date, this has included:
· Council’s statement of
expectations
· Council Consideration of the draft
SOI
· The Quayside Board considering
Council’s feedback on the draft SOI
This paper is focused on the SOI for the Quayside Holdings parent
organisation and the consolidated financials. The statements of intent for
subsidiaries of Quayside Holdings are included as supporting documents.
The legislative requirement is that the completed SOIs must be
adopted by the Quayside Board and delivered to the shareholder by 30 June
2021. There is no specific requirement for Council to adopt the SOIs.
|
Recommendations
That the Regional
Council:
1 Receives the report, Quayside Group Statements of Intent.
2 Agrees that no further formal feedback is required on the Quayside
Group Statements of Intent.
1. Introduction
Quayside is a Council Controlled
Trading Organisation (CCTO) which includes several subsidiaries.
Schedule 8 of the Local
Government Act (2002) requires Council Controlled Organisations to deliver to
shareholders their completed Statements of Intent (SOI) before the financial
year to which it relates.
1.1 Legislative
Framework
The requirements and process for
completing the SOI is set in the LGA sections 64, 64A, 64B and schedule 8.
Council may, by resolution,
require the CCO Board to make changes to the SOI. Before making such a
resolution Council must consult with the CCO Board.
1.2 Alignment
with Strategic Framework
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A Healthy Environment
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|
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Freshwater for Life
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|
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Safe and Resilient Communities
|
|
|
A Vibrant Region
|
We
invest appropriately in infrastructure to support sustainable development.
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The Way We Work
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We
deliver value to our ratepayers and our customers.
|
Quayside Holdings manages Council’s major financial
investments to achieve a return on invested funds to reduce the general rates
requirement and grow the investment portfolio for intergenerational wealth,
equity and wellbeing.
In addition, Quayside is leading the development of
Rangiuru as a project with significant regional benefit and other local
investment companies and projects.
1.2.1 Community
Well-beings Assessment
|
Dominant Well-Beings Affected
|
|
¨ Environmental
|
¨ Cultural
|
¨ Social
|
þ Economic
Medium
- Positive
|
2. Quayside
Holdings Group Statements of Intent
This report intends to complete
the Council process for the Quayside Holdings Group SOI. To date, this has
included:
• Council’s
statement of expectations
• Council
Consideration of the draft SOI
• The Quayside
Board considering Council’s feedback on the draft SOI
Quayside has sent an explanatory
letter (attachment 1) and final SOI for the Quayside parent organisation
(attachment 2). Statements of Intent for subsidiary companies are included as
support documents 1-10.
The main point to note is that
the work on updating the Quayside dividend policy has been completed in
consultation with the General Manager Corporate. The forecast dividend for
2022/23 is $42.4 million which matches Council’s budget. The actual
dividend payable will be based on audited 2021/22 figures and external
benchmarks and be comprised of:
1. 80%
on inflated previous dividends. This is currently based on the 2021/22 dividend
and will transition to the three-year average over time. Historical dividends
will be inflated based on RBNZ published CPI.
2. 20%
based on an endowment return on the value of investments. The value of the Port
of Tauranga Shareholding is adjusted to normalise returns with the NZX50.
The Quayside dividend policy
also provides for special distributions to Council and provisions for when
dividend expectations may be reset.
The Toi Moana Trust SOI will be
presented at the September Council meeting.
3. Considerations
3.1 Risks
and Mitigations
Quayside manages a diversified
portfolio of investments to mitigate individual investment risks. Council and
Quayside staff meet regularly to discuss treasury operations and risk
management.
The dividend policy provides
Council with some exposure to changing values of the Quayside and Toi Moana
Trust investment portfolios. This provides both risk and opportunity. The
Quayside Dividend is based on 80% of the inflated historical dividends to provide
more certainty and 20% on a return on the value of investments.
3.2 Climate
Change
The matters
addressed in this report are of a procedural nature and there is no need to
consider climate change impacts.
3.3 Implications
for Māori
The implications for Māori
are directly related to rates required and are of a financial nature only.
Quayside has investments that directly benefit Māori.
3.4 Community
Engagement
|
|
INFORM
Whakamōhio
|
To provide affected communities with balanced and objective
information to assist them in understanding the problems, alternatives and/or
solutions.
|
The Statements of Intent are
published on Council’s website.
3.5 Financial
Implications
If the recommendation is adopted by Council,
will it result in:
- Unbudgeted work during the current financial
year?
- Unbudgeted work for any of the years remaining
in the current Long Term Plan?
If the answer is ‘no’ to
both questions please select the dropdown option 1 and complete appropriately.
If the answer is ‘yes’ to either
question please select “Budget Implications” in the building block
below and liaise with your Management Accountant in order to complete the
Financial Impact table.
There are no
material unbudgeted financial implications and this fits within the allocated
budget. The actual dividends will be confirmed based on audited figures for
2021/22. The dividend is based on 80% of the previous dividend plus inflation
and 20% on a return on the value of investments.
4. Next
Steps
Next Steps: What next? What resources are
needed? Further analysis? Timeframes ahead. Any consultation planned. Remind
Council of the process ahead. Next update to Council?
Conclusion: Short concluding remarks. Referring
back to recommendations. No new content.
Staff will continue to work closely with Quayside
Holdings on group treasury and tax matters. The actual
dividends will be confirmed based on audited figures for 2021/22.
Attachments
Attachment 1 - Quayside Holdings Group Letter ⇩
Attachment 2 - Quayside Holdings Group Statement of Intent 2022-2025
⇩
Supporting Document 1 - Aqua Curo Statement of Intent 2022-2025 ⇩
Supporting Document 2 - Barnett Place Statement of Intent 2022-2025 ⇩
Supporting Document 3 - Huakiwi Services Statement of Intent
2022-2025 ⇩
Supporting Document 4 - Lakes Commercial Development Statement of
Intent 2022-2025 ⇩
Supporting Document 5 - Mystery Valley Statement of Intent 2022-2025
⇩
Supporting Document 6 - Portside Drive Statement of Intent 2022-2025
⇩
Supporting Document 7 - Tauranga Commercial Developments Statement
of Intent 2022-2025 ⇩
Supporting Document 8 Tauriko Statement of Intent
2022-2025 ⇩
Supporting Document 9 Te Papa Tipu Statement of Intent
2022-2025 ⇩
Supporting Document 10 The Vault Statement of Intent 2022-2025 ⇩
Regional
Council 11 August 2022
Regional Council 11 August 2022
Regional Council 11 August 2022
Item 9.6
Supporting
Document 1
Aqua Curo Statement of Intent 2022-2025
Regional Council 11 August 2022
Item 9.6
Supporting
Document 2
Barnett Place Statement of Intent 2022-2025
Regional Council 11 August 2022
Item 9.6
Supporting
Document 3
Huakiwi Services Statement of Intent 2022-2025
Regional Council 11 August 2022
Item 9.6
Supporting
Document 4
Lakes Commercial Development Statement of
Intent 2022-2025
Regional Council 11 August 2022
Item 9.6
Supporting
Document 5
Mystery Valley Statement of Intent
2022-2025
Regional Council 11 August 2022
Item 9.6
Supporting
Document 6
Portside Drive Statement of Intent
2022-2025
Regional Council 11 August 2022
Item 9.6
Supporting
Document 7
Tauranga Commercial Developments Statement
of Intent 2022-2025
Regional Council 11 August 2022
Item 9.6
Supporting
Document 8
Tauriko Statement of Intent 2022-2025
Regional Council 11 August 2022
Item 9.6
Supporting
Document 9
Te Papa Tipu Statement of Intent 2022-2025
Regional Council 11 August 2022
Item 9.6
Supporting
Document 10
The Vault Statement of Intent 2022-2025
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|
|
Report To:
|
Regional
Council
|
|
Meeting
Date:
|
11
August 2022
|
|
Report
Writer:
|
Yvonne Tatton, Governance Manager
|
|
Report
Authoriser:
|
Karen
Aspey, Director, People & Leadership
|
|
Purpose:
|
To present the annual summary of
Elected Members related expenditure for the period 1 July 2021 to 30 June
2022
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|
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Summary
of Elected Members' Expenditure July 2021 - June 2022
|
Executive Summary
The annual
summary of Elected Members’ related allowances and expenses expenditure
for the last financial year is presented to ensure public transparency of
Councillors’ related costs occurs.
|
Recommendations
That the Regional Council:
1 Receives the report, Summary of Elected Members' Expenditure July
2021 - June 2022.
1. Introduction
In order to undertake duties and
responsibilities associated with the role of a Councillor, expenses additional
to the Councillors remuneration are incurred. These relate to travel,
accommodation, Council representation at conferences/forums and national
working groups, and professional development.
1.1 Legislative
Framework
The Remuneration Authority is required
to determine the remuneration, allowances, and expenses of elected members of
local authorities under clause 6, schedule 7 of the Local Government Act 2002
and the Remuneration Authority Act 1977.
Council is then required to
develop policies to provide guidance on Councillors’ allowances and
expenses while working within the rates and thresholds set by the Remuneration
Authority.
Councillors’ expenditure
and allowances is managed under the BOPRC Elected and Appointed Members’
Allowances and Expenses Policy. This sets out the rules and guidelines for Councillors
when claiming recovery of allowances and expenses.
1.2 Alignment
with Strategic Framework
|
The Way We Work
|
We
deliver value to our ratepayers and our customers.
|
Costs incurred by Councillors as
representatives of their communities, must have a justifiable business purpose,
be moderate and conservative having regard to the circumstances, and be
appropriate in all respects.
1.2.1 Community
Well-beings Assessment
|
Dominant Well-Beings Affected
|
|
þ Environmental
|
þ Cultural
|
þ Social
|
þ Economic
|
Councillors in their role as
Elected Members are required to have regard and promote all four community
wellbeings.
2. Expenditure
Summary
An amount of $3,500 is available
to each Councillor for professional skills development in their role as a
Councillor. This enables Councillors to self-identify additional professional
development and training opportunities to enhance their skills and experience
as an Elected Member. The professional development budget also incorporates any
training and development by the Council as a whole. Any requests to attend
courses or conferences are approved by the Chairman and the Chief Executive.
There are times when the
Chairman or a Councillor is required to attend an event, course or conference on
behalf of the Council or holds a representative role on national bodies/working
groups. These require prior joint approval from the Chairman and Chief
Executive or in the case of the Chairman – the Deputy Chair and the Chief
Executive. Expenditure includes event, course or conference registration
and associated travel, accommodation and incidentals.
Councillors’ expenditure
also includes normal council/committee business and meeting mileage and associated
expenses as per the Remuneration Authority Guidelines and BOPRC related policy
referred to earlier.
Councillors submit expenditure
reimbursement claims, which are reviewed and approved on a monthly basis.
The annual summary shown in Attachment 1 does not include the Chairman’s
annual expenses as the information was not available at the time of Agenda
publication. This will be provided at the meeting.
Councillors received an
individual summary of their expenditure to review prior to the information
being presented at this meeting.
The 2021/2022 total expenditure
of $43,432.95 (excluding the Chairman’s expenses), is significantly
less than the 2020/2021 year of $118,186.15 (excluding the Chairman’s
expenditure to provide a more accurate comparison), due to COVID restrictions
and the large number of meetings attended via Zoom while the Epidemic
Preparedness (COVID-19) Notice 2020 Renewal Notice 2022 was in effect.
3. Considerations
3.1 Risks
and Mitigations
The matters
addressed in this report are of a procedural nature.
3.2 Climate
Change
The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts.
3.3 Implications
for Māori
The matters
addressed in this report are of a procedural nature and as such there are no
implications for Māori.
3.4 Community
Engagement
This report is for information
only and no engagement with the community is required other than publishing the
annual summary to the BOPRC website.
3.5 Financial
Implications
There are no
material unbudgeted financial implications and this fits within the allocated
budget.
4. Next
Steps
Once received by Council the 2021/2022 Annual Summary
of Elected Members’ Expenses will be published on Council’s
website.
Attachments
Attachment 1 - 2021-2022 BOPRC Councillors Expenditure.pdf ⇩
Regional
Council 11 August 2022
