Regional Council

Open Minutes

Commencing:             Thursday 24 November 2022, 9.30 am

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

Chairperson:               Chairman Doug Leeder

Deputy Chairperson:  Deputy Chairperson Jane Nees

Members:                    Cr Malcolm Campbell

Cr Stuart Crosby

Cr Toi Kai Rākau Iti

Cr Matemoana McDonald

Cr Kat Macmillan

Cr Ron Scott

Cr Ken Shirley

Cr Paula Thompson

Cr Lyall Thurston – via Zoom

Cr Andrew von Dadelszen

Cr Te Taru White

Cr Kevin Winters

In Attendance:            Fiona McTavish – Chief Executive, Mat Taylor – General Manager Corporate, Reuben Fraser – General Manager Regulatory Services, Chris Ingle – General Manager Integrated Catchments; Kataraina O’Brien – General Manager Strategic Engagement, Karen Aspey - Director, People & Leadership, Tone Nerdrum Smith – Committee Advisor

Apologies:                  None

 

Chairman Leeder reminded those present that this 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. Council - 24 November 2022 Recording

1.     Opening Karakia

A karakia was provided by Cr Te Taru White.

2.     Order of Business

There was no change to the order of business, however there were some proposed amendments that would be worked through as the meeting progressed.

3.     Declaration of Conflicts of Interest

None declared.

4.     Minutes

Minutes to be Confirmed

4.1

Regional Council Minutes - Inaugural Meeting 19 October 2022

 

Resolved

That the Regional Council:

1           Confirms the minutes of the Regional Council Minutes - Inaugural Meeting 19 October 2022 as a true and correct record.

Winters/Nees

CARRIED

 

5.     Reports

Decisions Required

5.1

Adoption of 2022 -2025 Governance Structure and Terms of Reference

Karen Aspey - Director, People & Leadership introduced this item.

Key Points:

·     Noted the new responsibility of the Regional Transport Committee regarding setting of speed limits and that additional wording had been included in the Terms of Reference to capture this

·     Outlined minor corrections and amendments to be incorporated in the Terms of Reference document.

 

Resolved

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:

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

6           Plan Change 13 (Air Quality) Appeals Subcommittee;

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

(ii)   Notes it is a partner of five permanent committees required by statue which form part of its governance structure:

7           Civil Defence Emergency Management Group

8           Rotorua Te Arawa Lakes Strategy Group

9           Rangitāiki River Forum

10        Te Maru o Kaituna River Authority

11        Tarawera Awa Restoration Strategy Group;

12        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;

13        Re-establishes the following Advisory and Working Groups:

a.  Tauranga Moana Advisory Group

b. Te Uepu Pāpāmoa Hills Cultural `

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;

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

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

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

17        Notes the following amendments to the 2022 -2025 Governance Structure and Terms of Reference:

·       Cr McMillan changed to Cr Macmillan;

·       Bay of Plenty Regional Navigation Safety Bylaws Review Committee spelt out correctly;

·       NZTA to be referred to as Waka Kotahi NZTA;

·       SmartGrowth Leadership Group Terms of Reference: CHANGE Tangata Whenua Representatives (4) to (yet to be appointed): Whitiora McLeod; Matire Duncan; Geoff Rice; Matemoana McDonald (alternate); one vacancy;

·       Regional Transport Committee Terms of Reference:

·       ADD: “To consolidate individual road controlling authority (RCA) speed management plans and prepare the regional speed management plan in accordance with the Land Transport Rule: Setting of Speed Limits 2022”;

·       ADD: Kawerau District Council: One Member and one Alternate Member;

·       Eastern Bay of Plenty Joint Committee Terms of Reference: ADD: Eastern Bay of Plenty Joint Committee Terms of Reference to the Governance Structure document;

·       Te Maru o Kaituna River Authority Terms of Reference: REPLACE: Informal Member Manu Pene (Alternate) – Te Komiti Nui o Ngāti Whakaue with Karena Bird (Alternate).

Crosby/Nees

CARRIED

 

 

 

5.2

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

Karen Aspey - Director, People & Leadership introduced this item.

Key Points:

·     With regards to the Tauranga Tertiary Campus Charitable Trust, Council had the power to remove and appoint one trustee

·     Noted that the current Trustee, Mr John Cronin, who had provided significant service to Council and the University of Waikato, would be appropriately advised if Council changed its appointment

Key Points - Members:

·     Noted that the Kaituna Catchment fell within the Ōkurei Constituency and suggested that a  discussion be held regarding the most suitable appointees

·     Across the region representation on the River Scheme Advisory Groups was important

·     Communication and relationship building with the local community was a key component in the role of the River Scheme Advisory Groups

·     Noted the representation of Kaituna Catchment mana whenua Dean Flavell as the Chair of Te Maru o Kaituna River Authority

·     Noted the wāhi tapu along the Kaituna River where ancestors were buried

·     All Councillors were welcome to attend River Scheme Advisory Group meetings, irrespective of whether they were appointed members or not.

 

Items for Staff Follow Up:

·     Seek clarification from the University of Waikato if the Tauranga Tertiary Campus Charitable Trust would be actively involved in the tender process for the new/relocated Marine Research Facility at Sulphur Point.

 

Resolved

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 Macmillan

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 Navigation 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

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

Alternate Member: Cr Ron Scott

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

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.

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 Macmillan

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

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 Macmillan

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 Macmillan

Cr Jane Nees

Kaituna Catchment Control Scheme

Members:

Cr Ken Shirley

Cr Toi Iti

Rangitāiki – Tarawera Rivers Scheme

Members:

Cr Toi Iti

Cr Ken Shirley

Whakatāne – Tauranga Rivers Scheme

Members:

Cr Toi Iti

Cr Ken Shirley

Waioeka – Otara Rivers Scheme

Members:

Cr Toi Iti

Cr Ken Shirley

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

Tauranga Tertiary Campus Charitable Trust

Appointed Trustee: Cr Andrew von Dadelszen (to replace Mr John Cronin)

 

Crosby/Campbell

CARRIED

 

5.3

Councillors Remuneration and Elected and Appointed Members Allowances and Expenses Policy

Key Points - Members:

·     Noted that the Remuneration Pool for Regional Council had remained unchanged for four years.

 

Items for Staff Follow Up:

·     Elected Members to be provided with the overall number of appointed members who are receiving meeting attendance fees and the associated budget allocation.

 

Resolved

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:

3            

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

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

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

Leeder/Shirley

CARRIED

 

5.4

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

Karen Aspey - Director, People & Leadership introduced this item.

 

Resolved

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.

 Crosby/von Dadelszen

CARRIED

 

 

6.     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

6.1

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.

Leeder/Scott

CARRIED

 

7.     Closing Karakia

A karakia was provided by Cr Te Taru White.

 

10.28 am – the meeting closed.

 

 

 

 

 

 

Confirmed                                                                                          

                                                                         Chairman Doug Leeder

Chairperson, Regional Council