Agenda of Regional Council - Thursday, 24 November 2022

Council

Membership

Chairperson	Chairman Doug Leeder
Deputy Chairperson	Cr Jane Nees
Members	All Councillors
Quorum	Seven members, consisting of half the number of members
Meeting frequency	Six weekly or as required for Annual Plan, Long Term Plan and other relevant legislative requirements

Purpose

· Enable democratic local decision-making and action by, and on behalf of, Bay of Plenty communities.

· Meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses.

· Set the overarching strategic direction for Bay of Plenty Regional Council as an organisation.

· Hold ultimate responsibility for allocating financial resources across the Council.

Role

· Address Local Electoral Act matters and Local Government Rating Act matters.

· Oversee all matters relating to identifying and contributing to community outcomes.

· Consider and agree on matters relating to significant new activities or areas of involvement such as infrastructure which are not the responsibility of a specific committee.

· Provide regional leadership on key issues that require a collaborative approach between a number of parties.

· Review and decide the Council’s electoral and representation arrangements.

· Consider issues of regional significance which are not the responsibility of any specific standing committee or that are of such regional significance/high public interest that the full Council needs to decide on them.

· Adopt Council’s Policy on Significance and Engagement Policy.

· Develop, adopt and implement the Triennial Agreement, Code of Conduct and Standing Orders.

· Consider and agree on matters relating to elected members’ remuneration.

· Appoint the Chief Executive, and review their contract, performance and remuneration at least annually.

· Approve all delegations to the Chief Executive, including the authority for further delegation to staff.

· Oversee the work of all committees and subcommittees.

· Receive and consider recommendations and matters referred to it by its committees, joint committees, subcommittees and working parties.

· Approve membership to external bodies and organisations, including Council Controlled Organisations.

· Develop, adopt and review policies for, and monitor the performance of, Council Controlled Organisations.

· Monitor and review the achievement of outcomes for the Bay of Plenty Community.

· Review and approve strategic matters relating to the sale, acquisition and development of property for the purposes of meeting Council’s organisational requirements and implement Regional Council policy.

· Address strategic corporate matters including property and accommodation.

· Consider and agree on the process to develop the Long Term Plan, Annual Plan and Annual Report.

· Adopt the Long Term Plan, Annual Plan and budgets variations, and Annual Report.

· Adopt Council policies as required by statute (for example Regional Policy Statement and Regional Land Transport Strategy) to be decided by Council or outside of committee delegations (for example infrastructure policy).

· Develop, review and approve Council’s Financial Strategy and funding and financial policies and frameworks.

· Institute any proceedings in the High Court that are not injunctive proceedings.

· Exercise the powers and duties conferred or imposed on Council by the Public Works Act 1981.

Delegations from Council to committees

· Council has a role to monitor the functioning of all committees.

· Council will consider matters not within the delegation of any one Council committee.

· Council may at any time, revoke or modify a delegation to a Council committee, either permanently, for a specified time or to address a specific matter, if it considers there is good reason to do so.

· The delegations provided to committees may be further delegated to subcommittees unless the power of further delegation is restricted by Council or by statute.

· It is accepted in making these delegations that:

· The committees, in performing their delegated functions, powers or duties, may, without confirmation by the Council, exercise or perform them in a like manner and with the same effect as the Council itself could have exercised or performed them.

· The delegated powers given shall at all times be subject to their current policies and principles or directions, as given by the Council from time to time.

· The chairperson of each committee shall have the authority to exercise their discretion, as to whether or not the delegated authority of the committee be used where, in the opinion of the chairperson, circumstances warrant it.

Powers that cannot be delegated

Under Clause 32 Schedule 7 of the Local Government Act 2002, Council must make the following decisions:

· Make a rate.

· Make a bylaw.

· Borrow money or purchase or dispose of assets, other than in accordance with the long-term plan.

· Adopt the long-term plan, annual plan, or annual report.

· Appoint a chief executive.

· Adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement.

· Adopt a remuneration and employment policy.

Livestreaming and Recording of Meetings

Please note the Public section of this meeting is being recorded and streamed live on Bay of Plenty Regional Council’s website in accordance with Council's Live Streaming and Recording of Meetings Protocols which can be viewed on Council’s website. The recording will be archived and made publicly available on Council's website within two working days after the meeting on www.boprc.govt.nz for a period of three years (or as otherwise agreed to by Council).

All care is taken to maintain your privacy; however, as a visitor in the public gallery or as a participant at the meeting, your presence may be recorded. By remaining in the public gallery, it is understood your consent is given if your image is inadvertently broadcast.

Opinions expressed or statements made by individual persons during a meeting are not the opinions or statements of the Bay of Plenty Regional Council. Council accepts no liability for any opinions or statements made during a meeting.

Regional Council 24 November 2022

Recommendations in reports are not to be construed as Council policy until adopted by Council.

Agenda

E te Atua nui tonu, ko mātau ēnei e inoi atu nei ki a koe, kia tau mai te māramatanga ki a mātau whakarite mō tēnei rā, arahina hoki mātau, e eke ai te ōranga tonu ki ngā āhuatanga katoa a ngā tangata ki tō mātau rohe whānui tonu. Āmine.

“Almighty God we ask that you give us wisdom in the decisions we make here today and give us guidance in working with our regional communities to promote their social, economic, environmental and cultural well-being. Amen”.

1. Opening Karakia

2. Apologies

3. Public Forum

4. Items not on the Agenda

5. Order of Business

6. Declaration of Conflicts of Interest

7. Public Excluded Business to be Transferred into the Open

8. Minutes

Minutes to be Confirmed

8.1 Regional Council Minutes - Inaugural Meeting 19 October 2022 1

9. Reports

Decisions Required

9.1 Adoption of 2022 -2025 Governance Structure and Terms of Reference 1

Attachment 1 - Draft 2022-2025 Governance Structure and Terms of Reference v2 07.11.2022pdf 1

9.2 Bay of Plenty Regional Council Toi Moana 2022 - 2025 Governance Structure Membership 1

9.3 Councillors Remuneration and Elected and Appointed Members Allowances and Expenses Policy 1

Attachment 1 - 2022-2025 Draft Elected Members Expenses and Allowances Policy. pdf 1

9.4 Adoption of Bay of Plenty Regional Council Toi Moana's 2022 - 2025 Standing Orders 1

Attachment 1 - Draft - BOPRC Standing Orders 2022 v2 pdf 1

Attachment 2 - LGNZ Summary of Standing Orders Changes pdf 1

10. Public Excluded Section

Resolution to exclude the public

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

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

Item No.	Subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Grounds under Section 48(1) for the passing of this resolution	When the item can be released into the public
10.1	Pāpāmoa Hills Upgrade Project – Stage 2 Construction Contract Award	Withholding the information is necessary to enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities; Withholding the information is necessary to enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	48(1)(a)(i) Section 7 (2)(h); 48(1)(a)(i) Section 7 (2)(i).	On the Chief Executive's approval.

Decisions Required

10.1 Pāpāmoa Hills Upgrade Project – Stage 2 Construction Contract Award

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



Report To:	Regional Council
Meeting Date:	24 November 2022
Report Writer:	Yvonne Tatton, Governance Manager
Report Authoriser:	Fiona McTavish, Chief Executive
Purpose:	Council is asked to adopt a Governance Structure and relevant Terms of Reference and delegations for the new triennium

Adoption of 2022 -2025 Governance Structure and Terms of Reference

Executive Summary

While there is no statutory requirement for Council to establish committees (other than those required by statute) given the complexity and breadth of regional council decision-making, committees are required to ensure effective and efficient decision-making and good governance.

It is recommended that Council keep the status quo for their governance committee structure for the new triennium, with a review recommended in 12 months’ time to consider the impending Future for Local Government Review and Resource Management Reforms. The collective changes from these central government initiatives, will likely lead to a significant reshaping of Local Government’s current roles and functions, the systems and process we have in place and consequently the governance structure for decision making.

These changes to our operating environment will also require Council to review its Strategic Direction and determine if and how it needs to change, along with our three Impact Areas of Climate Change, Partnerships with Māori, and Community Engagement.

Recommendations

That the Regional Council:

1 Receives the report, Adoption of 2022 -2025 Governance Structure and Terms of Reference.

2 Establishes the following six committees:

a. Strategy and Policy Committee

b. Monitoring and Operations Committee

c. Risk and Assurance Committee

d. Public Transport Committee

e. Komiti Māori;

f. Executive Employment Committee

3 Establishes the Bay of Plenty Regional Navigation Safety Bylaws Review Committee for the duration of the review;

4 Establishes the following as subcommittees of the Strategy and Policy Committee:

a. Plan Change 9 (Regional- wide Water Quality) Appeals Subcommittee

b. Plan Change 13 (Air Quality) Appeals Subcommittee;

6. Establishes under section 105(1) of the Land Transport Management Act 2003, the Regional Transport Committee;

7. Notes it is a partner of five permanent committees required by statute which form part of its governance structure:

a. Civil Defence Emergency Management Group

b. Rotorua Te Arawa Lakes Strategy Group

c. Rangitāiki River Forum

d. Te Maru o Kaituna River Authority

e. Tarawera Awa Restoration Strategy Group;

8. Re-establishes the following Joint Committees:

a. SmartGrowth Leadership Group as a joint committee with Tauranga City Council and Western Bay of Plenty

b. Ōhiwa Harbour Implementation Forum as a joint committee with Ōpōtiki District Council and Whakatāne District Council

c. Eastern Bay of Plenty Joint Committee as a joint committee with Kawerau District Council, Ōpōtiki District Council and Whakatāne District Council

d. Tauranga Public Transport as a joint committee with Tauranga City Council;

9. Re-establishes the following Advisory and Working Groups:

a. Tauranga Moana Advisory Group

b. Te Uepu Pāpāmoa Hills Cultural Heritage Regional Park

c. Kaituna Catchment Control Scheme

d. Rangitāiki – Tarawera Rivers Scheme

e. Whakatāne – Tauranga Rivers Scheme

f. Waioeka – Otara Rivers Scheme

g. Rotorua Air Quality Working Party

h. Rotorua Geothermal Liaison Group

i. Ngongotahā Community Group

j. Mt Maunganui Air Quality Working Party;

10. Adopts the proposed 2022 – 2025 Governance Structure’s Terms of Reference (Attachment 1 to this report);

11. Notes that the SmartGrowth Leadership Group Terms of Reference are interim until new Terms of Reference are prepared for consideration by the partnership members;

12. Agrees that, given the number of central government reforms currently being progressed, this governance structure is reviewed in 12 months’ time.

1. Introduction

At the end of the triennium, unless specifically stated under legislation or resolved by the previous Council, all committees/subcommittees are deemed to be dissolved so that the new Council can determine its own governance structure.

The governance structure is primarily focused on the committees of Council that support Council in its decision-making framework, rather than those falling under other legislation (e.g., co-governance forums, regional transport committee, civil defence emergency management group).

An effective governance structure, in general should:

· Establish separate regulatory and policy roles.

· Promote effective and efficient decision-making.

· Ensure decisions are made at the most appropriate level.

· Provide clarity on the different rules of ‘governance’ and ‘management’.

For the elected member it should:

· Provide a balanced workload.

· Ensure elected members are not required to make low level decisions.

· Promote integration between key activity areas.

· Provide clear segregation of the roles and responsibilities of decision- making bodies to prevent duplication or confusion.

Feedback on the 2019-2022 governance committee structure was sought from the outgoing Council, many of whom have returned, to help inform the incoming Council’s discussion on a committee structure for the triennial. One of the key takeaways was that there was overall agreement that the status quo was fit for purpose.

Following on from this Council informally discussed the proposed governance structure during its retreat on 25-27 October 2025 and agreed that until further clarity on how central government reforms would be implemented was provided, the previous governance structure would best serve as a good decision-making structure in the interim. This was on the proviso that once more certainty is known that the governance structure be reviewed.

The proposed governance committee structure and the corresponding Terms of Reference for each committee is included as Attachment 1.

1.1 Legislative Framework

There are two areas of statutory requirements that need to be considered as part of establishing the committee structure and delegations for the new triennium.

First, there are several Council decisions that must be made by Council, i.e., they cannot be delegated to a committee or sub-committee. Such decisions are set out in Schedule 7(clause 32) of the Local Government Act 2002 (LGA) and cover matters such as the power to:

· Make a rate.

· Make a bylaw.

· Adopt a long-term plan, annual plan or annual report.

· Appoint a chief executive.

Second, there are several ‘committees’ that Council must have because they are legally required under statute. The current committees are:

· Civil Defence Emergency Management Group.

· Regional Transport.

· Rotorua Te Arawa Lakes Strategy Group.

· Rangitaiki River Forum.

· Te Maru o Kaituna River Authority.

· Tarawera Awa Restoration Strategy Group.

The latter four are co-governance fora required under Treaty of Waitangi settlement legislation.

1.2 Alignment with Strategic Framework

Adoption of the Governance Structure directly contributes to all four of the Community Outcomes.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

Adoption of the Governance Structure directly contributes to all four of the community well beings.

2. 2022 – 2025 governance structure considerations

2.1 Key issues shaping local government

There are some key issues which will shape how Council will work over the next three years which impact on the governance committee structure. They are:

· Significant change in the local government operating environment, including direction from central government. Strategic direction and the three impact areas will need to be reconsidered by Council given the extent of change.

· Partnerships with Māori, local and central government and communities will be key to delivering outcomes in the future.

· Council’s leadership, collaboration and advocacy role in the Climate Change space, ensuring momentum is maintained, along with considering the evolution of Council’s role to ensure the Bay of Plenty region can adapt to a changing climate and consider how transport and urban planning roles ensure a low emissions future.

· The need to be responsive and flexible with the use of resources and keep the focus on demonstrating value to ratepayers and communities.

· The need to balance how Council engages meaningfully with the region’s communities and responding to hard and fast timeframes for some programmes.

· Connections and dependencies between workstreams will require Council to relentlessly and continuously ‘connect the dots’, both internally and externally.

· There will be a continual focus on the customer, including the whole customer experience along with enabling a much deeper understanding of Regional Council’s role.

Given the local government changing operating environment and especially the impending future for Local Government review and the Resource Management reform, it is recommended that the status quo for the BOPRC governance committees structure be maintained for 12 months. At that point, Council should review the structure to assess whether it is still fit for purpose or if it requires amendment.

This time will also allow Council to build relationships with new councils, co-governance forums, Māori partners and community stakeholders to inform its future governance committee structure, Strategic Direction and our three Impact Areas.

2.2 Opportunities for future collaboration

Proposals are being developed to shift the way Council works across the region to better enable collective outcomes throughout the region, and in anticipation of the Resource Management reforms.

· Mayoral Forum and Potential Strategic Partnership Forum

Bay of Plenty councils Chief Executives have been working on a potential future strategic partnership forum and an amended triennial agreement.

An informal meeting for Bay of Plenty council Mayors and Chairs to consider this proposal has been scheduled before each council considers and confirms the triennial agreement. A paper on this governance entity will come to the December 2022 or February 2023 Council meeting.

· Planning Committee with Iwi

A potential joint planning committee to align with the Resource Management reforms as mentioned under the Partnerships with Māori Impact Statement above requires future consideration.

As a committee of the Regional Council, it could potentially be the decision-making governance entity for future regional plans until such time as the Resource Management reforms are established. Both Hawkes Bay and Greater Wellington have planning committees now via Treaty settlements in their rohe.

2.3 Proposed governance structure and terms of reference

The Terms of Reference are important as they specify the functions, responsibilities and where decision-making lies for each committee (i.e. the extent of the delegations).

The proposed structure for the 2022-2025 triennium subject to review is illustrated in Attachment 1.

There are two changes to the proposed structure as a result of Councillors’ informal discussions:

· all financial delegations sit with Council including monitoring financial performance through the Quarterly Monitoring Report (Arotake)

· Climate Change is to be included as a standing item on the Strategy and Policy Committee agenda.

The SmartGrowth Leadership Group Terms of Reference are included for the interim until an updated Terms of Reference is provided for consideration and adoption by the partner members.

3. Considerations

3.1 Risks and Mitigations

To ensure the governance structure remains relevant and responsive to the changing local government operating environment, a 12-month review period is recommended.

3.2 Climate Change

The Climate Change impact statement objectives focus on risks from climate change related impacts are managed, community awareness of climate change mitigation and adaptation solutions increases, and BOPRC green- house gas emissions reduce.

Climate change reporting has been a key agenda item on the Mayoral Forum for the last triennial and is expected to continue to be this triennial. There are also regular reports to the Operations and Monitoring Committee on implementing the Climate Change Action Plan.

The regional climate change risk assessment has involved collaboration across all Territorial Authorities and will provide a good foundation for regional conversations around climate change adaptation. BOPRC’s Transport Emissions Reduction Plan also provides a platform for strong collaboration across the region on transport emissions reductions.

Along with the Operating Environment, Climate Change will be a standing item on the Strategy and Policy Committee agenda.

3.3 Implications for Māori

The Partnerships with Māori impact statement objectives include planning together on key priority areas and share decision-making with a priority on existing opportunities focussing on strategic relationships/partnerships. There are increasing examples throughout central government of incorporation of Mātauranga Māori/Te Ao Māori and increased Māori decision-making empowerment. There is also changing expectations of Māori and the community.

For future consideration, is the establishment of a Planning Committee with BOPRC Councillors and Māori leaders, potentially co-governance chairs and Iwi representatives where there are not yet co-governance forums. This would assist in aligning with the intentions of the Resource Management reforms.

It is recommended that Māori Councillors are involved in Māori partnership development, particularly at a governance-to-governance level, utilising their unique sets of skills, experience and Iwi-Māori networks.

3.4 Community Engagement

The Community Participation impact statement objectives focus on our community being actively engaged and aware of the council’s business, supporting volunteers, grants and funds are invested for greater impact and value, and the community are involved in the decisions that are important to them.

There are annual community participation reports to Council on implementing the Community Participation Action Plan, and annual reports on implementing the plan.

Councillors will be invited to be actively involved in public and community engagement on specific issues affecting our communities, to maximise their unique experiences, skills and interests in the community.

3.5 Financial Implications

The cost of operating the governance structure is covered within existing budgets. The recommended governance structure follows current (status quo) costs of operation.

Future costs for the continued implementation of Council’s governance structure, and costs related to Council and Committee meetings and Elected Member events are included in the Governance Services Activity in the Long Term Plan 2021-2031.

4. Next Steps

Once Council has adopted its Governance Structure and appointed its membership to the various committees etc a schedule of meetings for 2023 will be developed.

Attachments

Attachment 1 - Draft 2022-2025 Governance Structure and Terms of Reference v2 07.11.2022pdf ⇩



Report To:	Regional Council
Meeting Date:	24 November 2022
Report Writer:	Yvonne Tatton, Governance Manager
Report Authoriser:	Fiona McTavish, Chief Executive
Purpose:	To ensure membership to the Council’s governance structure are formally appointed.

Bay of Plenty Regional Council Toi Moana 2022 - 2025 Governance Structure Membership

Executive Summary

Council is required to appoint its Chairs, Deputy Chairs and membership to the various committees, joint committees, co-governance groups and other governance forums and working parties.

Recommendations

That the Regional Council:

1 Receives the report, Bay of Plenty Regional Council Toi Moana 2022 - 2025 Governance Structure Membership.

2 Appoints the following members to its governance structure membership:

Strategy and Policy Committee

Chairperson: Cr Paula Thompson

Deputy Chairperson: Cr Kat McMillan

Members: All Councillors

Monitoring and Operations Committee

Chairperson: Cr Kevin Winters

Deputy Chairperson: Cr Ron Scott

Members: All Councillors

Risk and Assurance Committee

Chairperson: Cr Stuart Crosby

Independent Deputy Chairperson:

Bruce Robertson

Members:

Cr Ron Scott

Cr Andrew von Dadelszen

Cr Te Taru White

Cr Kevin Winters

Komiti Māori

Chairperson: Cr Matemoana McDonald

Deputy Chair: Cr Toi Iti

Members: All Councillors

Public Transport Committee

Chairperson: Cr Andrew von Dadelszen

Deputy Chairperson: Cr Lyall Thurston

Members:

Cr Malcolm Campbell

Cr Jane Nees

Cr Ken Shirley

Cr Paula Thompson

Executive Employment Committee

Chairperson: Cr Jane Nees

Deputy Chairperson: Chairman Doug Leeder

Members:

Cr Stuart Crosby

Cr Te Taru White

Bay of Plenty Regional Safety

Bylaws Review Committee

Chairperson: Cr Andrew von Dadelszen

Deputy Chairperson: Cr Toi Iti

Members:

Cr Jane Nees

Cr Kevin Winters

Tangata Whenua Members:

Raewyn Bennett

Micha Tawhara

Patrick Young

Plan Change 9 (Region–wide Water

Quality) Appeals Subcommittee

RMA Accredited

Chairperson: Cr Jane Nees

Members:

Cr Matemoana McDonald

Cr Paula Thompson

Plan Change 13 (Air Quality)

Appeals Subcommittee

RMA Accredited

Chairperson: Cr Andrew von Dadelszen

Member: Cr Matemoana McDonald

1 Appoints the following members to the Joint Committees:

Regional Transport	Chairperson: Cr Lyall Thurston Deputy Chairperson: Cr Ken Shirley Alternate Member: Cr: Andrew von Dadelszen
SmartGrowth	Cr Jane Nees on behalf of Chairman Leeder Members: Cr Stuart Crosby Cr Paula Thompson
Ōhiwa Harbour Implementation Forum	Member: Cr Toi Iti Alternate Member: Cr Malcolm Campbell
Eastern Bay of Plenty Joint Committee	Members: Cr Malcolm Campbell Cr Jane Nees Alternate Member: Cr Toi Iti
Tauranga Public Transport Joint Committee	Members: Cr von Dadelszen (as rotational Chair) Cr Paula Thompson

2 Appoints Cr Malcolm Campbell as the member and Cr Ron Scott as the alternate member for the Bay of Plenty Regional Council Toi Moana and delegates authority to act for the Chairman of the Regional Council in accordance with Section 13(4) of the Civil Defence Emergency Management Act 2002 and Sections 11.1 and 11.2 of the Bay of Plenty Civil Defence Emergency Management Group Constitution.

3 Appoints the following members as its representatives to the Co-governance Forums:

Rotorua Te Arawa Lakes Strategy Group	Members: Chairman Doug Leeder Cr Kevin Winters Alternate Member: Cr Te Taru White
Rangitāiki River Forum	Members: Cr Malcolm Campbell Cr Toi Iti Cr Kat McMillan Cr Ken Shirley Cr Kevin Winters
Te Maru o Kaituna River Authority	Member: Cr Matemoana McDonald Alternate Member: Cr Te Taru White Informal Member: Cr Jane Nees
Tarawera Awa Restoration Strategy Group	Member: Chairman Doug Leeder Alternate Member: Cr Malcolm Campbell

4 Appoints the following members as its representatives to the following Advisory Groups, Liaison Groups, Working Parties and external organisations:

Tauranga Moana Advisory Group	Members: Cr Matemoana McDonald Cr Kat McMillan Cr Paula Thompson Cr Andrew von Dadelszen Alternate Member: Cr Ron Scott
Te Uepu Pāpāmoa Hills Cultural Heritage Regional Park	Co – Chair: Cr Matemoana McDonald Members: Cr Stuart Crosby Cr Kat McMillan Cr Jane Nees
Kaituna Catchment Control Scheme	Members: Cr Ron Scott
Rangitāiki – Tarawera Rivers Scheme	Members: Cr Toi Iti
Whakatāne – Tauranga Rivers Scheme	Members: Cr Toi Iti
Waioeke – Otara Rivers Scheme	Members: Cr Toi Iti
Rotorua Air Quality Working Party	Members: Cr Lyall Thurston Cr Te Taru White Cr Kevin Winters
Rotorua Geothermal Liaison Group	Members: Cr Lyall Thurston Cr Te Taru White Cr Kevin Winters
Ngongotahā Community Group	Member: Cr Lyall Thurston
Mount Maunganui Air Quality Working Party	Members: Cr Matemoana McDonald Cr Paula Thompson
Eastern Bay Road Safety Group	Member: Cr Malcolm Campbell

1. Introduction

Following the establishment of its Governance Structure, Council is required to appoint Chairs, Deputy Chairs and members to its various committees and s representatives on the various joint committees, co-governance forums, advisory groups, working parties and liaison groups it has membership on.

1.1 Legislative Framework

The appointment of Committee Chairs and Deputy Chairs is in accordance with the Local Government Act (2002) Schedule 7 Clause 17.

1.2 Alignment with Strategic Framework

Appointment of Chairs, Deputy Chairs and membership to the Regional Council’s Governance Structure directly contributes to all Community Outcomes in the Council’s Long Term Plan 2021-2031.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

The appointment of Chairs, Deputy Chairs and membership to the Regional Council’s Governance Structure directly contributes to all community well-beings in the Council’s Long Term Plan 2021-2031.

2. Governance structure membership

After the October elections Council had an opportunity to informally discuss its Governance Structure during the Councillors’ Retreat on 25 – 27 October 2022.

Following on from this Councillors were asked to indicate their preference for the various membership positions based on the Governance Structure.

The Council’s Chairman and Deputy Chair then considered Councillor’s preferences, skills and experiences to enable Council to fulfil its responsibilities in undertaking effective and efficient decision making at the appropriate level, while balancing Councillors’ workload, leadership responsibilities and succession planning.

As in line with the Governance Structure review which is due to take place 12 months after its adoption, a review of the membership will also be considered.

3. Considerations

3.1 Risks and Mitigations

Appointing Committee Chairs who have a sound background and knowledge in the complexities of the current local government operating environment provides a solid foundation for Council in supporting its decision-making structure.

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

Tangata Whenua appointed to the Bay of Plenty Regional Navigation Safety Bylaws Review Committee will be notified of their reappointment.

3.4 Community Engagement

Engagement with the community is not required as the recommended decisions relates to Council appointments only.

3.5 Financial Implications

The appointment of Chairs, Deputy Chairs and members to the various committees is a budgeted activity in the 2022/23 Annual Plan based on the Remuneration Authority’s Remuneration Pool allocation.

4. Next Steps

Once Council has approved its membership to its Governance Structure, it will then consider the distribution of the Remuneration Pool allocated by the Remuneration Authority. The membership of the various committees and subordinate bodies will be added to the Council’s 2022 – 2025 Governance Structure’s Terms of Reference, published to our website and other council’s will be notified where appropriate.



Report To:	Regional Council
Meeting Date:	24 November 2022
Report Writer:	Yvonne Tatton, Governance Manager
Report Authoriser:	Fiona McTavish, Chief Executive
Purpose:	Council is asked to consider and recommend to the Remuneration Authority, the preferred option for distributing the Councillors’ Remuneration Pool for the 2022/2023 year.

Councillors Remuneration and Elected and Appointed Members Allowances and Expenses Policy

Executive Summary

The Remuneration Authority is responsible for setting Local Government Elected Members’ remuneration and, using a new approach, has allocated the Regional Council a remuneration pool for distribution among Councillors and those holding positions of responsibility.

Councillors informally discussed the distribution of the Councillors’ remuneration pool for the 2022/2023 year during their recent retreat and preferred a simple and equitable option including status quo be presented for consideration.

Once Council has resolved its remuneration recommendations, the proposal will be forwarded to the Authority for consideration and, on approval, will be included in the new Determination.

Council is also required to adopt an Elected Members Allowances and Expenses Policy which is also required to be submitted to the Remuneration Authority.

Recommendations

That the Regional Council:

1 Receives the report, Councillors Remuneration and Elected and Appointed Members Allowances and Expenses Policy.

2 Recommends to the Remuneration Authority, the following distribution of the Councillors’ Remuneration Pool, being status quo:

Office	Positions	Remuneration ($)	Total ($)
Deputy Chairperson	1	80,004	80,004
Committee Chairperson	6	70,000	420,000
Councillor	6	61,525	369,150
Total			869,154

3 Agrees to review any redistribution of the Remuneration Pool at the same time it undertakes its Governance Structure Review.

4 Adopts the 2022-2025 Elected and Appointed Members Allowances and Expenses Policy with amendments as identified in Attachment 1.

1. Introduction

The Remuneration Authority’s method for setting the Elected Members remuneration is to allocate each council a remuneration pool based on the Authority’s size index calculations. Once the pool is determined the Council then recommends to the Authority how it proposes to divide the pool among the councillors i.e. the councillor base rate and the additional rate for positions of responsibility.

The pool covers remuneration for councillors only. The Regional Council Chairperson’s remuneration of $152,522 pa is set by the Authority and is not included in the pool.

1.1 Legislative Framework

The Remuneration Authority’s power to determine local government elected members remuneration is made under the Remuneration Authority Act 1977 and the Local government Act 2002, Schedule 7, clauses6 &7 A.

1.2 Alignment with Strategic Framework

The role of an Elected Member contributes to all five Community Outcomes and objectives.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

The role of an Elected Member contributes to all four Community Wellbeings.

2. Councillors’ remuneration

2.1 The remuneration pool

The Authority has set Bay of Plenty Regional Council Toi Moana’s pool at $869,154 and the minimum allowable councillor remuneration at $54,525.

The pool may include extra remuneration for councillors who take on additional responsibilities, e.g. Regional Council Deputy Chair, committee chairs or any other position of responsibilities and workload identified by the Council.

Important aspects of the pool system are:

• Positions that Council decides to remunerate may include those on outside groups to which a councillor has been formally appointed by council - i.e. the remuneration is not necessarily solely attached to official council committees. Councillors are expected to be involved in a variety of community and cross-council groups as part of their basic role but, in some cases, if the extra work involved is extraordinary it can be recognised in remuneration.

• Councils MUST spend the whole of the pool allocated. The quantum for each council has been set by the Authority following a comprehensive review of the relative size of workloads of all councils and it would be unfair to elected members to withhold any of the available remuneration.

• Councillors who participate in Resource Management Act (RMA) or other such hearing processes are remunerated separately from this pool.

2.2 Remuneration options based on proposed governance structure

The following options are based on the proposed governance structure discussed during the Councillors Retreat.

2.2.1 Option 1 Status Quo based on previous governance structure

Based on informal discussions during the Council retreat, if Council adopts the same governance structure as the previous triennium, this option aligns with the status quo.

The number of positions with additional responsibilities is based on the status quo governance structure of 1 Deputy Chair and 6 main Committee Chairs (Strategy & Policy, Monitoring & Operations, Komiti Māori, Public Transport, Regional Transport, Risk & Assurance).

Office	Position	Annual remuneration ($)	Total Pool
Deputy Chairperson	1	80,004
Committee Chairperson (6)	6	70,000
Councillor	6	61,525	869,154

2.2.2 Option 2 Recognise all Councillors have additional responsibilities

This option assumes all Councillors play a leadership role and undertake additional responsibilities. These may include chair of committees (formal or informal), committee deputy chairs, or as members of co-governance or other joint committees.

In this scenario the Council Deputy Chair salary is decreased by $4,350 and the 6 Committee Chairs salaries are removed to provide an equal distribution across the remainder of the councillor positions. This increases the Councillor base salary from the previous salary by $4,575.

Office	Position	Annual Remuneration	Total Pool	Difference
Deputy Chairperson	1	75,954	75,954	-4,350
Councillor	12	66,100	793,200	+4,575
Total			869,154

2.2.3 Option 3 Decrease Deputy Chair & Committee Chair to increase Councillor base rate

This option decreases the remuneration for those with additional responsibilities to increase the councillor base salary.

Office	Position	Annual Remuneration	Total Pool	Difference
Deputy Chair	1	79,320	79,320	-680
Committee Chairs	6	69,320	415,920	-680
Councillors	6	62,319	373,914	+794
Total			869,154

In this option the councillor base salary increases $794 from the previous year. The difference between the councillor base rate and the Committee Chair position is $7,001, with the difference of $10,000 between the Committee Chair and Deputy Chair.

2.3 Elected and appointed members allowances and expenses policy

Council is also required to adopt a policy which sets the requirements for the reimbursement of allowances and expenses (Attachment 1). The policy also includes reimbursements for those other than Councillors, appointed by Council to any of its committees or subordinate decision-making bodies. The policy also applies to members and alternate members appointed by the appropriate approving authority on co-governance groups which the Regional Council is the administrator for.

While the Remuneration Authority sets the maximum amounts which can be claimed for allowances and travel reimbursements, it is Council’s discretion to set the amounts at a lower rate.

Allowances and reimbursements not identified through the Remuneration Authority’s Determination are in line with the Office of the Auditor General’s Sensitive Expenditure Guidelines.

Several amendments are recommended which are highlighted in the draft policy. Most of the amendments included are to bring the policy in line with the recent Remuneration Authority’s Determination, such as changes to allowances and expense., including rules regarding a member’s eligibility when living outside the regional boundary.

Currently two different meeting fees exist for councillors involved in hearings – an hourly rate for those relating to RMA process and a lump sum meeting fee of up to $200 per day for any other hearing e.g. bylaws. It is recommended that hearing or appeals processes other than Long Term Plan or Annual Plan Hearings and Deliberations that involves Councillors are paid at the same hourly rate as the RMA processes. This provides for a more streamlined payment process.

3. Considerations

3.1 Risks and Mitigations

The matters in this report are procedural and any associated risks are considered to be minor. All expenses claims are checked to ensure compliance with the policy prior to approval.

3.2 Climate Change

The remuneration of Councillors has no significant climate change impact.

3.3 Implications for Māori

The Elected and Appointed Members Allowances and Expenses Policy enables those who participate in both co-governance statutory and informal forums to claim meeting fees and travel reimbursements.

3.4 Community Engagement

Engagement with the community is not required as the recommended proposal / decision [relates to internal Council matters only].

Both matters are of a procedural nature only.

3.5 Financial Implications

The 2022-2023 Councillors remuneration pool and allowances and expenditure budgets for Councillors and appointed members are provided for in the 2022 – 2023 Annual Plan expenditure.

4. Next Steps

After Council has formally resolved its remuneration recommendations and adopted its Elected and Appointed Members Allowances and Expenses Policy, the proposal will be forwarded to the Remuneration Authority for consideration and, assuming they are acceptable, will be included in a new Determination.

Changes to the remuneration rates will be backdated as follows:

• the new base councillor remuneration will take effect from 15 October 2022 (the day after the official results were declared);

• positions of responsibility take effect from 25 November 2022 (the day after the Council formally resolves its remuneration recommendation).

Backdated payments will be actioned after the Remuneration Authority has published the new Determination in early February 2023.

Attachments

Attachment 1 - 2022-2025 Draft Elected Members Expenses and Allowances Policy. pdf ⇩



Report To:	Regional Council
Meeting Date:	24 November 2022
Report Writer:	Yvonne Tatton, Governance Manager
Report Authoriser:	Fiona McTavish, Chief Executive
Purpose:	Council is asked to adopt the updated Standing Orders to assist in guiding the conduct of meetings.

Adoption of Bay of Plenty Regional Council Toi Moana's 2022 - 2025 Standing Orders

Executive Summary

Standing Orders sets out the orderly conduct of local authority meetings. They include legislative requirements relating to meetings, decision making and transparency.

A council is required to operate in accordance with Standing Orders for the conduct of its meetings and the meetings of its committee and subcommittees. Once adopted all members, including members of committees and subcommittees must act in accordance with the Standing Orders.

Recommendations

That the Regional Council:

1 Receives the report, Adoption of Bay of Plenty Regional Council Toi Moana's 2022 - 2025 Standing Orders.

2 Adopts the 2022 -2025 Bay of Plenty Regional Council – Toi Moana Standing Orders with the amendments as identified in Attachment 1 and with the following discretionary Standing Orders:

a. 14.2 Chairperson may vacate the chair

The Chairperson may agree to vacate the Chair to enable the Deputy Chairperson to chair the meeting at pre-agreed times. Where this occurs, the Chairperson will need to formally vacate the Chair at the start of each meeting that it is pre-agreed the Deputy Chair will chair, and this must be recorded in the minutes of that meeting. The Chairperson is then able to be present and participate in the meeting, including voting, while not chairing the meeting.

b. 15.1 Public Forum Time Limits

A period of up to 15 minutes, or such longer time as the meeting may determine, will be available for the public forum at each scheduled local authority meeting.

c. 19.3 Chairperson has a casting vote

d. 22.1 Speaking and moving a motion

Option C applies.

3 Authorises the Governance Manager to make minor grammatical and formatting changes prior to release.

1. Introduction

Good local governance requires Council to ensure that the way in which decisions are made is open, transparent and fair. Standing Orders provide the tools for the orderly conduct of meetings and a common understanding of the ways in which the chairpersons and members participate in meetings. They apply to meetings of Council and its committees and subcommittees.

Council may adopt additional Standing Orders to provide guidance on discretionary matters while ensuring they are consistent with current legislation.

1.1 Legislative Framework

Standing Orders must not contravene the provisions of any statutes, in particular the Local Government Act 2002 (LGA) and the Local Government Official Information and Meetings Act 1987 (LGOIMA).

Once adopted, Standing Orders remain in place until they are either replaced or altered in accordance with schedule 7 of the LGA 2002.

Schedule 7, Part 1, Clause 27(3) of the LGA requires a vote of not less than 75% of the members present (i.e. 11 members in favour if all 14 members are present) when adopting or amending Standing Orders.

1.2 Alignment with Strategic Framework

Adopting Standing Orders is a procedural matter assisting the decision-making process, therefore indirectly supporting all Community Outcomes.

1.2.1 Community Well-beings Assessment

Adopting Standing Orders is a procedural matter assisting the decision-making process, therefore indirectly supporting all Community Well-beings

2. Proposed amendments to Standing Orders

2.1 LGNZ Standing Orders Template

Local Government New Zealand (LGNZ) have provided councils with a template based on the traditional model published by Te Mana Tautikanga o Aotearoa Standards New Zealand. The template is updated every three years to ensure it reflects new legislation and incorporates evolving standards of good practice. A summary of amendments which have been incorporated into the Draft BOPRC Toi Moana Standing Orders is identified in Attachment 2.

2.2 Discretionary Standing Orders

Some Standing Orders allow Council to choose a practice that best meets the need of their decision-making processes. For example, allowing members to attend meetings via an audio link such as Zoom has worked well for the previous Council where members are restricted in time, travel or personal circumstances that would otherwise limit their ability to participate in a meeting.

2.2.1 Options for discretionary Standing Orders

Standing Order		Explanation	Options
14.2	Chairperson may vacate the chair	This is an option not identified in the LGNZ template but could be included. Including this SO makes it explicit that vacating the chair means the chair can still be present and participate in the meeting as a member. This enables a deputy chair to chair a meeting on occasion even when the chair is in the room and would accommodate any rotation of chairs as currently happens and is appropriate tikanga for Komiti Māori.	Option 1: It is recommended to include the following under SO 14.3: The Chairperson may agree to vacate the Chair to enable the Deputy Chairperson to chair the meeting at pre-agreed times. Where this occurs, the Chairperson will need to formally vacate the Chair at the start of each meeting that it is pre-agreed the Deputy Chair will chair, and this must be recorded in the minutes of that meeting. The Chairperson is then able to be present and participate in the meeting, including voting, while not chairing the meeting. Option 2: status quo. Remains open to interpretation.
15.1	Public Forum Time Limits	The public forum is not part of the formal meeting and is an opportunity for the public to address the meeting on matters that fall into the delegated terms of reference. The LGNZ template allows for a period of up to 30 minutes or longer if agreed by the Chair.	Both options allow the Chair to extend a speaker’s time at their discretion. Option 1: Retain status quo of previous Council with the public forum restricted to 15 minutes with each speaker having a 5 min speaking time including question time. This is the recommended option included in the draft Standing Orders. Option 2: Extend the public forum time to 30 minutes allowing each speaker having a 5 min speaking time including question time.
19.3	Casting Vote	In the event of a 50/50 split in voting the draft SO allows the chairperson to use a casting vote.	If Council does not wish its chairs to have a casting vote this SO would be removed from the draft.
22.2, 22.3, 22.4	Speaking to and moving motions	The draft SO offers 3 options for speaking to and moving motions and amendments	Option A: The most formal of the three as it limits the number of times a member can speak and move amendments. Option B: Less formal. While limiting the ability of movers and seconders of motions to move amendments, this option allows any other member, regardless of whether they have spoken to the motion or substantive motion, to move or second an amendment. This was the option identified in the previous Council’s Standing Orders. Option C: This is the least formal. It gives members more flexibility by removing the limitations on movers and seconders speaking which exists in the other two options. This is how the previous Council operated in practice and supported greater flexibility for dialogue and debate. This is the recommended option.

3. Considerations

3.1 Risks and Mitigations

If Council chooses not to adopt the updated Standing Orders the previous Standing Orders will apply. It is critical that Council ensure their Standing Orders are up to date to meet their legislative obligations and responsibilities and that the conduct at meetings reflect respectful and orderly conduct.

3.2 Climate Change

The matters addressed in this report are of a procedural nature only and there is no need to consider climate change impacts.

3.3 Implications for Māori

Where possible Standing Orders should be used in a way that enables and encourages Māori to participate in more informal debate and promote dialogue.

3.4 Community Engagement

Engagement with the community is not required as the recommended decision relates to internal Council matters only.

3.5 Financial Implications

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

4. Next Steps

Once Council has provided direction on the preferred option for the various discretionary Standing Orders and has resolved to adopt the draft Standing Orders, these will be finalised, distributed to members including appointed members and published on the Council’s website.

Attachments

Attachment 1 - Draft - BOPRC Standing Orders 2022 v2 pdf ⇩

Attachment 2 - LGNZ Summary of Standing Orders Changes pdf ⇩