Agenda of Regional Council - Wednesday, 14 December 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 14 December 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

3.1 Gordon Dickson – Rates Payments and Environment/Conservation Matters

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 - 24 November 2022 4

9. Reports

9.1 Chairperson's Report 4

Decisions Required

9.2 Acting Chief Executive 4

9.3 Bay of Plenty Regional Council Toi Moana Code of Conduct 4

Attachment 1 - Draft 2022 - 2025 BOPRC Toi Moana Code of Conduct 4

9.4 Quayside Holdings - Proposed Directors Remuneration and amendments to the Constitution 4

Attachment 1 - Recommendation from Quayside on Directors Fees 4

Attachment 2 - Recommendation from Quayside on changes to Quayside Constitution 4

Information Only

9.5 PRESENTATION: Quayside Quarterly Update 4

9.6 Financial and Non Financial Performance Report - Arotake Report: Quarter One Performance 4

Attachment 1 - Arotake Tuatahi 2022-2023 Q1 FINAL 4

Attachment 2 - Confidential Bancorp Report 30 September 2022 - Public Excluded

Attachment 3 - Confidential Toi Moana Trust Report as at 30 September 2022 - Public Excluded

Decisions Required (continued)

9.7 Review of Policy for the Appointment and Remuneration of Directors to the Boards of Council Subsidiaries 4

Attachment 1 - Appointment and Remuneration Policy for Directors of Council Organisations - draft for approval 4

Attachment 2 - Policy for the Appointment and Remuneration of Directors to the Boards of Council Subsidiaries - 2014 4

9.8 Quayside Holdings Limited - Statement of Expectations 2023/24 4

Attachment 1 - Quayside Holdings Draft Statement of Expectations 2023-2026 4

9.9 Delegations Manual 4

Attachment 1 - General Delegation to the Chief Executive 4

Attachment 2 - Financial Delegations 4

Supporting Document 1 - Chief Executive's Delegations Manual

9.10 Regional Safety Rescue Service – Surf Lifesaving New Zealand Funding Agreement 4

Attachment 1 - SLSNZ - BPPRC Paid Lifeguard Service Report 2021-22 4

Information Only (continued)

9.11 Project Future Proof Update - Whakatane River 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:

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
9.6	Financial and Non Financial Performance Report - Arotake Report: Quarter One Performance - Attachment 2 - Confidential Bancorp Report 30 September 2022 - Public Excluded	Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information.	48(1)(a)(i) Section 7 (2)(b)(ii).	To remain in public excluded.
9.6	Financial and Non Financial Performance Report - Arotake Report: Quarter One Performance - Attachment 3 - Confidential Toi Moana Trust Report as at 30 September 2022 - Public Excluded	Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information.	48(1)(a)(i) Section 7 (2)(b)(ii).	To remain in public excluded.
10.2	Public Excluded Regional Council Minutes - 24 November 2022	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
10.3	Native Fishery Monitoring Contract	Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information.	48(1)(a)(i) Section 7 (2)(b)(ii).	On the Chief Executive's approval.
10.4	Bay of Connections Chairperson Reappointment	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).	On the Chief Executive's approval.

9.6 Financial and Non Financial Performance Report - Arotake Report: Quarter One Performance

Attachment 2 - Confidential Bancorp Report 30 September 2022 - Public Excluded

Attachment 3 - Confidential Toi Moana Trust Report as at 30 September 2022 - Public Excluded

Minutes to be Confirmed

10.1 Public Excluded Regional Council Minutes - 24 November 2022

Decisions Required

10.2 Native Fishery Monitoring Contract

Attachment 1 - Procurement Plan and Exemption Combined - Kusabs & Associates Ltd

Attachment 2 - Ian Kusabs Offer of Service BOPRC

10.3 Bay of Connections Chairperson Reappointment

11. Public Excluded Business to be Transferred into the Open

12. Readmit the Public

13. Consideration of Items not on the Agenda

14. Closing Karakia

Regional Council Minutes

24 November 2022

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

(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:

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:

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



Report To:	Regional Council
Meeting Date:	14 December 2022
Report Authoriser:	Doug Leeder

Chairperson's Report

Executive Summary

Since I was appointed as Bay of Plenty Regional Council Chairperson at Council’s Inaugural meeting on 19 October 2022, I have attended and participated in a number of meetings and engagements as Chairperson on behalf of Council.

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
27 October	Retirement Dinner to acknowledge Kim Ellis and his contribution to the Port of Tauranga Board – Mount Maunganui	Attended.
28 October	Port of Tauranga Ltd Board meeting and Annual General meeting – Mount Maunganui	Attended.
28 October	Meeting with Incoming Quayside Holdings Ltd Chief Executive Officer, Lyndon Settle – Tauranga	Attended.
11 November	Meeting with Rotorua Lakes Council Mayor Tania Tapsell and Chief Executive Geoff Williams – Rotorua	Attended.
	LakesWater Quality Society Symposium 2022 – Rotorua	This year’s theme was ‘Get on the Boat – Lake Restoration’, a call to action to work with Lakes Water Quality Society to act for the future and drive policy and management strategies which meets community aspirations.
	Rotorua Te Arawa Lakes Strategy Group Briefing for Minister for the Environment – Rotorua	Minister for the Environment Hon David Parker requested a briefing with members of the Rotorua Te Arawa Lakes Strategy Group.
17 November	Te Uru Kahika Regional Sector Induction for Mayors and Chairs – Wellington	Following the 2022 Local Body Elections, Te Uru Kahika provided newly appointed Mayors and Chairs with some background on Te Uru Kahika including their structure, key relationships, current environment, and Business Plan.
17 November	Regional Sector Mayors and Chairs Dinner – Wellington	Attended.
18 November	Regional Sector meeting – Wellington	This is covered in more detail in the following section.
22 November	Informal Bay of Plenty Mayoral Forum Get-Together – Tauranga	Attended.
24 November	Jobs for Nature Reference Group 1:1 Interview – Videoconference	Contributed to the round-up review of the Jobs for Nature Programme.
25 November	UNISA meeting – Videoconference	Attended.
30 November	Bay of Plenty Regional Council Staff Kekewai Day 2022 – Te Puke	Addressed staff at their annual staff day, and presented awards.
30 November	Port of Tauranga Ltd Annual Client Function – Mount Maunganui	Attended.
1 December	Fonterra Ti aki Plan and Insights Report Update – Videoconference	Fonterra staff presented some recent improvements to a new version of their farm environment plan Ti aki tool and farm insights reporting.
1 December	Bay of Connections (BOC) Regional Economic Development Forum – Tauranga	The Forum is part of a series of lunch events BOC has hosted throughout 2022 to bring the leadership of the Bay of Plenty’s economic development agencies together to facilitate strong networks.

3. Matters of Potential Interest

3.1 Regional Sector Meeting

The Regional Sector meeting for regional/unitary council Chairs/Mayors and Chief Executives, was held in Wellington on 18 November 2022. This was the first meeting for the triennium for this group. There were several updates including from Te Uru Kahika who advised of their activities undertaken since the last Regional Sector Group meeting. The group also had a discussion about what the Regional Sector would like to focus on during the triennium and priorities to be developed and progressed. There were also presentations from:

· Associate Minister for Local Government and Minister of Emergency Management Hon Kieran McAnulty, spoke about the Regional Emergency Management Plan.

· Nicola Willis, Deputy Leader of the Opposition spoke about the National Party priorities with a focus on the economy and infrastructure.

· The Future for Local Government Review Panel spoke about their recently released draft report – He mata whāriki, he matawhanui.



Report To:	Regional Council
Meeting Date:	14 December 2022
Report Writer:	Yvonne Tatton, Governance Manager
Report Authoriser:	Fiona McTavish, Chief Executive
Purpose:	Adopt an updated Elected Members Code of Conduct

Bay of Plenty Regional Council Toi Moana Code of Conduct

Executive Summary

Council is required to have a Code of Conduct under the Local Government Act 2002 Schedule 7 clause 15. The Code of Conduct is designed to ensure the governance of the council is undertaken with the highest degree of integrity while also providing a safe and rewarding environment in which all elected members can thrive.

Recommendations

That the Regional Council:

1 Receives the report, Bay of Plenty Regional Council Toi Moana Code of Conduct;

2 Include option 2 as the preferred procedural option for assessing and investigating alleged breaches of the code of conduct as identified in the draft code of conduct attached;

3 Adopt the draft 2022-2025 Bay of Plenty Regional Council Toi Moana Code of Conduct.

1. Introduction

A code of conduct is designed to promote effective working relationships between elected members, the organisation and the community. It helps to build community confidence in our systems and processes and contributes to good governance of the region, the credibility and accountability of the council with its communities and helps to create a culture of mutual trust and respect between elected members and with the Chief Executive and her Leadership Team.

The code of conduct is designed to promote good debate and free expression of all views by providing a framework to ensure the means of debate is carried out in a civil and respectful way.

A code of conduct sets boundaries on standards of behaviour and an agreement to resolve differences in an informal and amicable and conciliatory way. It is based on Elected Members investing in committing to developing meaningful relationships, working well together and working as a team.

It also provides a framework for resolving situations when in rare situations resolution can’t be reached between parties.

A complaint regarding a breach of the code can only be made by members themselves, or the Chief Executive, who can make a complaint on behalf of her staff.

1.1 Legislative Framework

Schedule 7 clause 15 of the LGA requires councils to have a code of conduct. Once adopted, the code continues in force until amended by the Council. It can be amended at any time but cannot be revoked unless the Council replaces it with another code. Amendments to the code of conduct requires support of 75% of members present at the meeting.

If Council chooses not to adopt an amended code of conduct, the current Code of Conduct will remain in place.

1.2 Alignment with Strategic Framework

Adopting a code of conduct supports elected members in their role and in doing so indirectly impacts all Community Outcomes.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

The code of conduct supports elected members in their role and indirectly supports all community wellbeings.

2. Code of conduct

2.1 LGNZ template

The 2019 – 2022 Council’ s code of conduct was modelled on the template issued by Local Government New Zealand (LGNZ). LGNZ has since issued a new template based on best practice and recommendations identified in the Local Government Commission, Codes of Conduct: Report to the Minister of Local Government 2021.

A significant change incorporated into the 2022 template is the emphasis on managing specific types of behaviours, such as bullying and harassment, regardless of where the member is engaging, such as social media, in meetings, or other types of interactions between members. The following have been added to the template:

· An explicit description of unacceptable behaviours

· An acknowledgement of Te Tiriti o Waitangi as the foundational document for Aotearoa New Zealand and a description of Te Tiriti principles and how they apply to councils.

· An acknowledgement of the principles of good governance

· An amended approach to investigating and assessing alleged breaches designed to ensure the process is independent and focused on serious rather than minor or trivial complaints.

2.2 Bay of Plenty Regional Council draft code of conduct

As part of the Councillors’ induction programme a briefing was held to introduce the code of conduct to newly appointed members while also providing an opportunity for members to discuss the level of behaviour expected among members.

Further to this a recent briefing with Councillors identified key changes to the LGNZ template to gauge whether such amendments should be incorporated into a new BOPRC Code of Conduct.

Councillors were of the mind that, first and foremost, focus and investment should be in supporting Elected Members to develop and strengthen positive and meaningful relationships and working well together as a team.

It was noted that any issues arising between parties should be facilitated in an informal, proactive and conciliatory manner as the primary course of action.

It was agreed that a complaint leading to a more formal investigation, conducted by an external party was the least desirable course of action for all involved and that where an issue or a behaviour was in question, early and informal resolution was critical.

Given this is the desired approach, the draft code of conduct (Attachment 1) has been amended to reflect this.

A code of conduct should also identify a process to follow in the unlikely event of a more serious breach of the code occurring or where resolution can’t be reached. It is inadvisable to develop a formal complaint process during an event. Adopting a complaints procedure as an attachment to the code of conduct provides clarity for all prior to a situation happening and assures all parties that the principles of natural justice are followed. Three options are provided below for Council’s consideration.

The attached draft code of conduct is a combination of the previous Council’s code and LGNZ’s latest template.

Some aspects of the Regional Council’s 2019-2022 code of conduct are recommended to be retained to provide clarity, such as:

· 4 Roles and responsibilities

This section outlines the various roles and responsibilities of members, Council Chairperson, committee chairs and the Chief Executive.

· 5.8 Ethical conduct

This section outlines ethical behaviour regarding claiming for expenses, use of Council’s resources, and the receiving of gifts.

Changes incorporated in the draft code of conduct are highlighted in yellow.

2.3 Options for consideration

There are some key changes to the code of conduct that require Council’s consideration and direction on the position it wishes to adopt in its code of conduct.

The draft includes as an attachment a procedure for assessing and investigating alleged breaches of the code of conduct when other avenues for resolving the issue have been exhausted or where an allegation of a serious nature has been made.

The following procedural options need to be considered and direction provided on which option Council wishes to include in its amended code of conduct.

2.3.1 Complaints assessment process

While recognising there is a desire among all members to work together to resolve issues early on using informal and conciliatory methods, there may be a situation when a complaint of a more serious nature is received.

The 2019-2022 code of conduct identified the Council Chairperson and Deputy Chair undertaking the initial assessment or in the case where a complaint was made against the Council Chairperson, then by the Deputy Chair and Chief Executive and if deemed necessary then referred to an independent assessor.

2.3.1.1 Option 1: A single step assessment process – complaint is referred to an independent investigator

LGNZ, in line with the Local Government Commission, Codes of Conduct: Report to the Minister of Local Government recommend that either an initial assessor and/or independent investigator, independent of the local authority, be appointed to carry out the initial assessment.

In this option the Chief Executive refers all complaints to an independent investigator who determines whether the complaint is valid and, if so, recommends an action(s) appropriate to the level of materiality or significance of the breach.

This may be one of Council’s external legal advisors, or a company providing assessment and investigation services, or an individual with relevant skills and competencies.

This is a more formal and costly option as all matters regardless of the nature of the complaint are referred to a third party.

2.3.1.2 Option 2: Status quo. A two-step assessment process – complaint is referred to the Council Chair and Deputy Chair and only referred to an independent investigator if deemed to be warranted.

This is the status quo option. If Council chooses not to adopt an amended code this option would remain in force unless otherwise resolved.

This option follows the previous procedure of where an agreement or outcome can’t be reached between the parties involved it is referred to the Chairperson and Deputy Chair in the first instance as opposed to an independent assessor.

This is the least costly and informal option of the three. This option has been included as the preferred approach in the attached draft code of conduct .

2.3.1.3 Option 3: A two-step assessment process – complaint is referred to an initial assessor and then referred to an independent investigator if deemed to be warranted.

Similar to option 2 this is a more formal and costly version as all complaints are referred to an independent third party in the first instance, regardless of the nature of the complaint, and then to another independent third party if it is deemed an investigation is warranted.

3. Considerations

3.1 Risks and Mitigations

It is recommended that Council adopts a code of conduct setting out expectations of behaviour becoming of an Elected Member and procedures for dealing with complaints against breaches of the code prior to any incident occurring.

Adopting a code of conduct which Councillors abide by, ensures a safe and respectful environment for Councillors to operate in.

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 code of conduct requires councillors to operate in a manner that recognises and respects the principles of Te Tiriti o Waitangi.

3.4 Community Engagement

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

3.5 Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget. Any costs associated with undertaking a formal investigation will be absorbed through the approved annual Governance budget in which it falls

4. Next Steps

Once Council has adopted its code of conduct members will be provided with a copy.

Attachments

Attachment 1 - Draft 2022 - 2025 BOPRC Toi Moana Code of Conduct ⇩



Report To:	Regional Council
Meeting Date:	14 December 2022
Report Writer:	Mark Le Comte, Principal Advisor, Finance and Kumaren Perumal, Chief Financial Officer
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	For Council to consider requests from Quayside Holdings Limited to increase the director remuneration pool and amend the Quayside Constitution.

Quayside Holdings - Proposed Directors Remuneration and amendments to the Constitution

Executive Summary

At the 29 September 2022 Meeting, Council was requested to consider increasing the Quayside Holdings Limited (Quayside) director remuneration pool for 2022/23 and 2023/24. The recommendation to increase the remuneration for Quayside directors was received from Quayside based on advice received from Strategic Pay, noting that remuneration had not increased since 2007. Councillors decided that it was appropriate to consider this request in the new triennium.

In addition, Quayside has recommended that changes are made to the Quayside Constitution to reflect current practice regarding the minimum number of directors and the balance between independent and non-independent directors by:

1. Increasing the minimum number of directors from five (two independent) to seven (four independent).

2. Requiring the Chairperson of Quayside to be an independent director.

Recommendations

That the Regional Council:

1 Receives the report, Quayside Holdings - Proposed Directors Remuneration and amendments to the Constitution;

2 Approves the aggregate remuneration pool for Quayside Holdings Limited’s directors for 2022/23 at $475,000 (plus GST if any), being an increase from $380,209 based on six paid directors, including remuneration paid by Quayside Holdings Limited’s subsidiaries – Quayside Securities Limited and Quayside Properties Limited;

3 Approves increasing Quayside Holdings Limited’s directors’ Fees for 2022/23, including remuneration paid by Quayside Holdings Limited’s subsidiaries – Quayside Securities Limited and Quayside Properties Limited, to:

(a) Chair $130,000

(b) Chair of Audit Committee $75,000

(d) Three directors at $65,000 per director

(e) Council Chief Executive $0

4 Approves the aggregate remuneration pool for Quayside Holdings Limited’s directors for 2023/24 at $510,000 (plus GST if any), being an increase from $475,000 based on six paid directors, including remuneration paid by Quayside Holdings Limited’s subsidiaries – Quayside Securities Limited and Quayside Properties Limited;

5 Approves increasing Quayside Holdings Limited’s Director Fees for 2023/24, including remuneration paid by Quayside Holdings Limited’s subsidiaries – Quayside Securities Limited and Quayside Properties Limited, to:

(a) Chair $140,000

(b) Chair of Audit Committee $80,000

(d) Three directors at $70,000 per director

(e) Council Chief Executive $0

6 Approves that the Quayside Constitution is amended to require a minimum of seven directors, at least four of which must be independent directors;

7 Approves that the Quayside Constitution is amended to require the Chairperson to be an independent director;

8 Delegates authority to the Chief Executive to sign the Quayside Holdings Limited shareholder resolutions and any ancillary documentation required to give effect to such resolutions

1. Introduction

At the 29 September 2022 Meeting, Council was requested to consider increasing the Quayside Holdings Limited (Quayside) director remuneration pool for 2022/23 and 2023/24. Councillors decided that it was appropriate to consider this request in the new triennium.

1.1 Legislative Framework

A company does not need to have a constitution. The Companies Act s27 states that:

If a company has a constitution, the company, the board, each director, and each shareholder of the company have the rights, powers, duties, and obligations set out in this Act except to the extent that they are negated or modified, in accordance with this Act, by the constitution of the company.

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.

Quayside provides high quality investment services and advice to Council. A high-performing board of directors is important to achieving the best returns on the value invested by Quayside.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

¨ Social

þ Economic

Low - Positive

Quayside invests primarily for financial return which increases regional wealth and reduces the rates required by Council. Quayside also holds some investments for wider regional benefits.

2. Quayside Director Remuneration

Quayside have completed benchmarking of director fees. This process included advice from Strategic Pay, review by Quayside’s People, Culture and Safety Committee and approval from the Quayside Board to recommend an increase in director fees to Council.

In September, Quayside wrote to Council recommending that the aggregate remuneration pool for 2022/23 for Quayside’s directors is increased to $475,000 (plus GST if any) from $380,209 as outlined in Attachment 1.

The recommendation from Quayside proposes a further increase to $510,000 in 2023/2024. These figures include remuneration paid directly by Quayside and its subsidiaries Quayside Securities Limited and Quayside Properties Limited. Council’s Chief Executive is a Director of Quayside but is not remunerated by Quayside for this role. The proposed remuneration for each position (and 2021/22 remuneration) on the Board is:

Position	Current Fee $	2022/2023 Proposed Fee $	2023/2024 Proposed Fee $
Chair	93,171	130,000	140,000
Chair of Audit and Risk Committee	69,210	75,000	80,000
Chair of People, Culture and Safety Committee	58,108	75,000	80,000
Three directors (per director)	159,720 (53,240)	195,000 (65,000)	210,000 (70,000)
Council Chief Executive	0	0	0
Total directors’ fees	380,209	475,000	510,000

Quayside advised that they had taken external and reputable market advice on director remuneration to ensure it is fair, reasonable and set at conservative levels while still taking into consideration the complexity of the business and the need to attract quality directors to the Quayside Board. While this is a large percentage increase, Quayside advises that this is because the base annual director fees have not increased since 2007 and the size, complexity and value of Quayside has increased substantially since then.

Councillors are requested to consider the recommended increases to director remuneration for 2022/23 and 2023/24.

3. Proposed amendments to Quayside Constitution

Quayside has recommended amendments to the Quayside Constitution, intended to safeguard Quayside’s governance framework, and achieve consistency across Quayside’s founding documents.

The two proposed amendments are to

· increase the minimum number of directors and

· to require the Chairperson to be an independent director.

Both of these changes reflect current practice.

Amending the Quayside Constitution requires a special resolution of shareholders.

3.1 Number of Directors

Quayside has proposed the following change to the number of directors set in the Constitution as follows:

Current

Proposed

7.1 Number of directors

The number of Directors shall be not fewer than 5 of whom 2 at least must be persons who are neither:

a) members of any local authority as defined by section 5(1) of the Local Government Act 2002; nor

(b) persons employed by any local authority as so defined.

7.1 Number of directors

The number of Directors shall be not fewer than 7 of whom at least 4 must be persons who are neither:

a) members of any local authority as defined by section 5(1) of the Local Government Act 2002; nor

(b) persons employed by any local authority as so defined.

This change aligns with the current practice for the number of directors.

3.2 Chairperson

Quayside has proposed the following change to require that the chairperson is an independent director as follows:

Current

Proposed

10.1 Chairperson

(a) The directors may elect one of their number as chairperson of the board.

10.1 Chairperson

(a) The directors may elect one of their number as chairperson of the board. The elected chairperson must be neither:

(i) a member of any local authority as defined by section 5(1) of the Local Government Act 2002; nor

(ii) a person employed by any local authority as so defined.

The “Policy on the Appointment and Remuneration of Directors of Council Organisations” is designed to ensure that the Board has an appropriate mix of skills across all of its directors.

4. Considerations

4.1 Risks and Mitigations

There are no significant risks associated with this matter/subject/project/initiative.

4.2 Climate Change

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

4.3 Implications for Māori

The matters addressed in this report are of a procedural nature and there is no need to consider implications for Maori. The proposed “Policy on the Appointment and Remuneration of Directors” recognises the duty of Council to consider whether Te Ao Māori skills are a requirement for candidates for board appointments.

4.4 Community Engagement

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

4.5 Financial Implications

If the recommendation is adopted by Council, will it result in:

If the answer is ‘no’ to both questions please select the dropdown option 1 and complete appropriately.

If the answer is ‘yes’ to either question please select “Budget Implications” in the building block below and liaise with your Management Accountant in order to complete the Financial Impact table.

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

5. Next Steps

Next Steps: What next? What resources are needed? Further analysis? Timeframes ahead. Any consultation planned. Remind Council of the process ahead. Next update to Council?

Conclusion: Short concluding remarks. Referring back to recommendations. No new content.

If the recommendations are accepted, the Chief Executive will sign the Shareholder Resolutions for Quayside to action.

Attachments

Attachment 1 - Recommendation from Quayside on Directors Fees ⇩

Attachment 2 - Recommendation from Quayside on changes to Quayside Constitution ⇩



Report To:	Regional Council
Meeting Date:	14 December 2022
Report Writer:	Olive McVicker, Corporate Performance Team Lead
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	To provide financial and non-financial results for Quarter One of the 2022/23 financial year.

Financial and Non Financial Performance Report - Arotake Report: Quarter One Performance

Executive Summary

The Arotake report summarises council’s performance for the period 1 July 2022 to 30 September 2022. The report includes:

· Service delivery summary

· Financial Summary

· Corporate summary

Recommendations

That the Regional Council:

1 Receives the report, Financial and Non Financial Performance Report - Arotake Report: Quarter One Performance;

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

(a) Confidential Bancorp Report 30 September 2022 under Section 48(1)(a)(i) Section 7 (2)(b)(ii) as withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information and that this attachment remain in Public Excluded.

(b) Confidential Toi Moana Trust Report as at 30 September 2022 under Section 48(1)(a)(i) Section 7 (2)(b)(ii) as withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information and that this attachment remain in Public Excluded.

1. Introduction

This report provides an overview of Council’s performance for the first quarter of the 2022/23 financial year (1 July 2022 – 30 September 2022).

The report has been included as Attachment 1 to this report and includes the following:

· Highlights for the quarter, including progress against our three impact areas of climate change, partnerships with Māori, and community engagement.

· Service delivery performance results.

· Financial performance, including operating and capital expenditure, key budget variance analysis, forecast reserves, and an update on Treasury performance, including investments and borrowings.

· Staff headcount, full time employee (FTE) information.

· Health and safety information.

1.1 Alignment with Strategic Framework

The Way We Work

We deliver value to our ratepayers and our customers.

The Arotake report ensures Council’s accountability, and thus the delivery of value to ratepayers and customers.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

þ Social

¨ Economic

In providing information to the public about Council’s performance, the Arotake report primarily contributes to social wellbeing in creating a well-informed local electorate.

2. Highlights

2.1 Climate Change

· A further three community led climate change adaptation projects have been approved to receive funding. This means there are now a total of five iwi/hapu groups to receive this. New projects are:

o Te Manatōpū Hau Kainga o Ōhinemutu

o Te Urunga o Kea, the Te Arawa Climate Change Working Group

o Te Upokorehe Iwi Resource Management Team and the village of Kutarere on Ōhiwa harbour

· River Scheme Climate Resilience – joint workshops were held to develop principles to shape the project and an introduction to high level approaches to manage flood risk.

2.2 Partnerships with Māori

· Implementation of Te Hononga (Māori Engagement Plan for the Implementation of the National Policy Statement for Freshwater Management (NPSM 2020).

· Wai Ora Mātaatua Project – this is a tangata whenua led and designed to support kaitiaki, whanau, hapu, iwi and hapori Maori contribute to the Regional Natural Resources Plan (RNRP) review.

· Preparation and Implementation of He Ara Whiwhinga: He Ara Whiwhinga - The Māori Services Procurement Guidelines

2.3 Community Participation

· Te Pourepo o Kaituna wetland creation project – partnership with Maketu Ongatoro Wetland Society and in collaboration with Ngati Whakaue, Tapuika and Department of Conservation. Planted more than 3,000 native trees and shrubs involving volunteers from nine Western Bay of Plenty Schools.

· Te Runanga o Ngati Kea Ngati Tuara Trust – planted an estimated 2500 trees.

· Friends of the Blade (Whakamarama Community Inc.) – funding granted to establish a 300ha pest free zone around the Ngamuwahine and Hgamarama Tracks in the Kaimai Mamaku Forrest Park.

2.4 Service Delivery Highlights

· Transport bus patronage is 25% more than the same quarter last year

· Response to all air pollution and oil spill complaints for the quarter met performance targets.

3. Financial Performance

For the three months ended 30 September 2022, Council is forecasting a year end operating deficit of $5.6 million, which is $0.8 million lower than the budgeted.

This is due to forecast operating revenue being $0.3 million lower than plan, and forecast operating expenditure being $1.1 million lower than plan.

Council is forecasting capital expenditure of $38.7 million; this is $4.3 million higher than budget of $34.4 million which is due to a request for budgets to be carried forward from the 2021/22 financial year. Council is forecasting capital revenue of $6.4 million which is $2.3 million higher than budget due to timing of insurance claims received.

3.1 Treasury

Our total investment portfolio is $194.5 million comprising term deposits $15 million, call accounts / working capital $54.4 million, Toi Moana Trust $70m (fund value $69 million as at 30 September), Quayside (on-lend) $55.1 million.

Council has borrowed $192.5 million from the Local Government Funding Agency with $55.1 million on-lent to Quayside. The remaining $137.4 million has been borrowed to fund capital expenditure.

Confidential Attachment 2 Bancorp Monthly Treasury Report September 2022 and Confidential Attachment 3 Toi Moana Trust Quarterly Update September 2022 provide further details of Council’s treasury performance.

4. Considerations

4.1 Risks and Mitigations

There are no direct risk implications arising from this report.

4.2 Climate Change

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

4.3 Implications for Māori

There are no implications for Māori arising from this report.

4.4 Community Engagement

Engagement with the community is not required.

4.5 Financial Implications

Council’s external audit of the draft Annual Report 2021/22 is in progress and once this process is finalised, staff will prepare the final figures for Council’s budget carry forward requested from financial years 2021/22 and 2022/23.

This will be prepared for Council approval as part of the anticipated, but unconfirmed, adoption process for the Annual Report 2021/22 in December 2022.

Annual Plan 2023/24

Draft financial forecasts for 2023/24, as part of the development of the Draft Annual Plan 2023/24, will incorporate monitoring results for the 2022/23 financial year and incorporate anticipated impacts of rising inflation, and the outcome of a deliverability review of the capital works programme.

5. Next Steps

Following this Council meeting, the Arotake report will be published on Council’s website

Attachments

Attachment 1 - Arotake Tuatahi 2022-2023 Q1 FINAL ⇩

Attachment 2 - Confidential Bancorp Report 30 September 2022 (Public Excluded) ⇩

Attachment 3 - Confidential Toi Moana Trust Report as at 30 September 2022 (Public Excluded) ⇩



Report To:	Regional Council
Meeting Date:	14 December 2022
Report Writer:	Gillian Payne, Principal Advisor
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	Seek approval of a revised a Policy to replace existing Policy for the Appointment and Remuneration of Directors to the Boards of Council Subsidiaries

Review of Policy for the Appointment and Remuneration of Directors to the Boards of Council Subsidiaries

Executive Summary

Council’s Policy for the Appointment and Remuneration of Directors to the Boards of Council Subsidiaries underwent a detailed review in 2014.

The attached draft policy (Attachment 1) is the result of work done to update and simplify the structure of the policy, without changing the key principles or objectives underpinning the policy. The new structure aims to cater for the creation or acquisition of new organisations as Council’s business grows or changes.

In addition, there are several suggestions for improvements to the policy to better achieve the Council’s objectives and protect its interests.

The new policy is titled Appointment and Remuneration Policy for Directors of Council Organisations, reflecting its slightly broader scope. If approved, it would replace the previous policy.

The report also seeks approval of the delegation to the Chief Executive to make nominations and/or vote when requested by these entities from time to time, on the appointment of directors for Council Organisations that are not controlled by Bay of Plenty Regional Council.

Recommendations

That the Regional Council:

1 Receives the report, Review of Policy for the Appointment and Remuneration of Directors to the Boards of Council Subsidiaries;

2 Adopts the updated policy titled “Appointment and Remuneration Policy for Directors of Council Organisations” subject to amendments made through this meeting, noting that it replaces the previous policy titled “Policy for the Appointment and Remuneration of Directors to the Boards of Council Subsidiaries (2014)”

3 Delegates to the General Manager, Corporate the power to make editorial changes to the Appointment and Remuneration Policy for Directors of Council Organisations, to reflect the direction provided in this meeting;

4 Delegates to the Chief Executive the authority to nominate for appointment, and vote on a resolution to appoint, a director of a partially owned council organisation to which Part 3 of the Council’s “Appointment and Remuneration Policy for Directors of Council Organisations” (or any substituted policy) (“Appointment Policy”) applies, except that this delegation shall not apply where Council has effective control of the Council Organisation.

1. Introduction

Bay of Plenty Regional Council (Council) has interests in a range of Council Organisations, defined in section 6 of the Local Government Act 2002 (LGA). Council Organisations are made up of Council Controlled Organisations (CCOs) and Council Controlled Trading Organisations (CCTOs) as well as other entities in which Council has an interest.

A diagram illustrating the structure of Council’s substantive holdings and interests is attached in Appendix 1 to the draft Policy (in Attachment 1). Council has responsibility (together with any other shareholders/unit holders) to appoint directors to the Boards of Council Organisations and set their remuneration.

It is important that directors of Council Organisations are suitably skilled and experienced to provide good governance of the entity. To give the public confidence that this is the case, directors of Council Organisations must be appointed through a transparent and robust process, held appropriately to account, and remunerated fairly.

1.1 Legislative Framework

The LGA (section 57) requires Council to adopt a policy setting out an objective and transparent process to appoint directors to Council Organisations and to set their remuneration, as well as a process for identifying and considering the skills, knowledge, and experience required of directors of a Council Organisation. This Appointment and Remuneration Policy for Directors of Council Organisations (Policy) meets these legislative requirements.

Council Organisations are also required to comply with the legislation governing their entity type e.g. company, trust. Each entity will have its own foundation documents (a constitution for a company, a Trust Deed for a Trust). The Policy structure must accommodate these foundation documents and provide users of the Policy with clear direction about how the Policy interacts with them and what this means for Council’s role in decision-making processes.

1.2 Alignment with Strategic Framework

A Healthy Environment
Freshwater for Life
Safe and Resilient Communities
A Vibrant Region	We work with and connect the right people to create a prosperous region and economy.
The Way We Work	We deliver value to our ratepayers and our customers.

[Insert text]

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

¨ Social

þ Economic

High - Positive

2. Review process

2.1 Objectives of the review

Council’s Policy for the Appointment and Remuneration of Directors to the Boards of Council Subsidiaries was last reviewed in detail in 2014 (refer Attachment 2). The way the 2014 policy was structured meant that it was difficult to apply the policy to new Council Organisations without adding specific provisions to the policy.

One of the objectives of this review was to develop a policy structure that could be applied to defined types of Council Organisation so the policy could guide future decision making and processes, in anticipation of new Council Organisations being created.

While restructuring and clarifying the intent of the Policy, staff identified areas where Council could consider exerting more influence in some appointment processes, and where the Policy could be improved to fill gaps and Council’s role in making decisions on directors’ remuneration. These are discussed in section 3.2 below

3. Draft revised Policy for approval

The attached draft policy has a new title, Appointment and Remuneration Policy for Directors of Council Organisations (Appointment Policy). It reflects the widened scope, which covers all Council Organisations, rather than just Council subsidiaries.

3.1 Structure of revised Policy

The draft Policy reiterates the key principles and objectives underpinning the existing policy, and is divided into four parts:

Part 1 – Background and context

Part 2 – Wholly owned or controlled CCOs and their subsidiaries

Part 2A – Directly held and wholly owned CCOs

Part 2B – Subsidiaries of wholly owned CCOs

Part 3 – Other Council Organisations

Part 4 – Port of Tauranga

Appendices provide further guidance, covering the current structure of Council Organisations, an overview of the Role and Accountability of the Board of a CCO, and dealing with Conflicts of Interest in relation to this Policy.

3.2 Improvements contained in this Policy

There are several suggestions for improvements in the new Policy to better achieve Council’s objectives and clarify Council’s expectations in relation to CCOs. These include:

· Part 2A (relating to directly held and wholly-owned CCOs)

o Recognises and states the duty of Council to consider whether Te Ao Māori skills are a requirement for candidates for board appointments to CCOs (paragraph 2.9.4).

o Ensuring candidates for directors of wholly owned or controlled CCOs complete certain mandatory disclosures as part of the application process (paragraph 2.9.5)

o Stating for clarity that Council can remove directors (paragraph 2.10.3) and the likely circumstances where that would occur

o Requiring a three-yearly independent review of board effectiveness, and outlining the purpose of the review (paragraph 2.10.5)

o Outlining the principles that would apply to Council decisions about the directors’ remuneration pool, including considering an annual adjustment of fees for inflation (paragraph 2.11) and having regard for fee relativity (paragraph 2.12)

· Part 2B (relating to subsidiaries of wholly-owned CCOs, excluding Port of Tauranga and its subsidiaries)

o Requiring CCOs to consult with Council about appointments of directors to subsidiaries of wholly owned or controlled CCOs (Part 2B, paragraph 2.17)

· Part 3 (relating to Council organisations that are not covered by Parts 2A and 2B, excluding Port of Tauranga and its subsidiaries)

o The existing Policy does not deal with Council Organisations that are not wholly-owned and controlled by Council. They currently include BOPLASS Limited, and Local Government Funding Agency (LGFA), and Toi Moana Trust, and Regional Software Holdings Limited (RSHL).

o Paragraphs 3.1 through 3.6 are new but reflect current practice for existing Council Organisations that this Part applies to.

3.3 Delegation to Chief Executive relating to Part 3

Part 3 of the Policy deals with Council Organisations that do not fall into Parts 2 or 4. Apart from Toi Moana Trust, the currently existing (and anticipated) entities are used to carry out collaborative operational activities with other councils and partners (BOPLASS, LGFA and RSHL and its intended successor, Regional Sector Shared Services Organisation (RSSSO)).

For administrative efficiency, and given the operational nature of these entities, staff recommend that the Chief Executive be delegated authority to nominate and vote on appointments of directors for Council Organisations to which Part 3 applies, where Council does not have effective control. This would exclude Toi Moana Trust.

The Appointment Policy will generally be expected to be used as guidance for this nomination and/or voting of a director. For the purpose of the delegation, “director” has the meaning given to it in the Appointment Policy.

3.4 Council associated directors for the Port of Tauranga

Section 6 (1) (b) of the Port Companies Act 1988 No 91 states that not more than two directors on a Port Board can be members or employees of a shareholding local authority. For the purposes of the Port Companies Act 1988, Quayside Holdings is treated as a local authority.

The new Policy meets this legislation by requiring that that no more than one Council member and one independent Quayside Holdings director, or no more than two Quayside Holdings directors may be on the Board of the POTL any given time.

4. Considerations

4.1 Risks and Mitigations

Adopting the revised Policy would reduce risks associated with the use of the current Policy, which is outdated and is not designed to cover all Council Organisations.

There are no other significant risks associated with this matter.

4.2 Climate Change

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

4.3 Implications for Māori

The revised Policy recognises the duty of Council to consider whether Te Ao Māori skills are a requirement for candidates for board appointments (paragraph 2.9.4).

4.4 Community Engagement

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

4.5 Financial Implications

If the recommendation is adopted by Council, will it result in:

If the answer is ‘no’ to both questions please select the dropdown option 1 and complete appropriately.

There are no material financial implications of this decision.

5. Next Steps

Next Steps: What next? What resources are needed? Further analysis? Timeframes ahead. Any consultation planned. Remind Council of the process ahead. Next update to Council?

Conclusion: Short concluding remarks. Referring back to recommendations. No new content.

Once adopted by Council, the Policy will be uploaded to Council’s website. Implementation will occur as and when appointment processes are required.

If approved, the delegation to the Chief Executive will be included in the Delegation Manual.

Attachments

Attachment 1 - Appointment and Remuneration Policy for Directors of Council Organisations - draft for approval ⇩

Attachment 2 - Policy for the Appointment and Remuneration of Directors to the Boards of Council Subsidiaries - 2014 ⇩



Report To:	Regional Council
Meeting Date:	14 December 2022
Report Writer:	Gillian Payne, Principal Advisor
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	To consider and seek approval for the 2023/24 Statement of Expectations for Quayside Holdings Ltd.

Quayside Holdings Limited - Statement of Expectations 2023/24

Executive Summary

Local Government Act 2002 section 64 requires every Council Controlled organisation to prepare and adopt a Statement of Intent (SOI).

This report seeks approval for a Statement of Expectations to be sent to Quayside Holdings Limited.

Following the receipt of the SOE, Quayside will prepare a draft Statement of Intent 2023/24 for Council to consider in early 2023.

Recommendations

That the Regional Council:

1 Receives the report, Quayside Holdings Limited - Statement of Expectations 2023/24;

2 Approves the Quayside Holdings Limited Statement of Expectations and notes that this will be sent to Quayside Holdings Limited to support the preparation of their draft Statement of Intent 2023/24.

1. Introduction

Each year Council issues a Statement of Expectations to Quayside Holdings Ltd (QHL) as part of the process leading up to their preparation of a Statement of Intent (SOI) for the forthcoming year.

The SOI, once developed, will state publicly the activities and objectives of Quayside Holdings for the year. The process of developing an SOI gives Council (as shareholder) the ability to influence the organisation and provides a basis for accountability of directors for performance.

1.1 Legislative Framework

Local Government Act 2002 section 64 requires every Council Controlled organisation to prepare and adopt a Statement of Intent (SOI). Council has encouraged Quayside to prepare an SOI that covers the Quayside Group, for greater administrative and reporting efficiency.

1.2 Alignment with Strategic Framework

The Way We Work

We deliver value to our ratepayers and our customers.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

¨ Social

þ Economic

High - Positive

2. Approval of SOE

2.1 Draft SOE for consideration

The draft Statement of Expectations (attached at Appendix 1) has been prepared following discussion between Quayside and Council staff. The content of the SOE has also been informed by the updated Summary Financial Framework Review prepared by PwC in October 2022 and provided to Councillors as part of their induction programme.

3. Considerations

3.1 Risks and Mitigations

There are no significant risks associated with this matter.

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 are no particular implications for Māori relating to this matter.

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.

A copy of the adopted Statement of Expectations will be posted on Council’s website.

3.5 Financial Implications

If the recommendation is adopted by Council, will it result in:

If the answer is ‘no’ to both questions please select the dropdown option 1 and complete appropriately.

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.

Following the receipt of the SOE, Quayside will prepare a draft Statement of Intent 2023/24 for Council to consider in early 2023.

Attachments

Attachment 1 - Quayside Holdings Draft Statement of Expectations 2023-2026 ⇩



Report To:	Regional Council
Meeting Date:	14 December 2022
Report Writer:	Kumaren Perumal, Chief Financial Officer and Jessica Easton, Legal and Commercial Manager
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	Approve Updated Delegations Manual including Financial Delegations Policy

Delegations Manual

Executive Summary

This report sets out the proposed Chief Executive’s Delegations Manual pursuant to which Council staff shall operate. Pursuant to the Delegations Manual the Chief Executive sub-delegates their powers and functions to council officers to ensure the efficient and effective performance of Council activities.

During the previous triennium Council approved the Chief Executive’s Delegation Manual, and it now prudent for the Delegations Manual to be reviewed and approved at the commencement of every triennium.

This report identifies amendments to the previously approved Delegations Manual.

Recommendations

That the Regional Council:

1 Receives the report, Delegations Manual;

2 Revokes all existing delegations made by Council to the Chief Executive and council officers directly, except to the extent that any of those are not included in the Chief Executive’s Delegations Manual;

3 Delegates to the Chief Executive as set out in attachment 1;

4 Approves the Chief Executive’s sub-delegations contained in the Chief Executive’s Delegations Manual;

5 Delegates the powers contained in the Chief Executive’s Delegations Manual that are unable to be sub-delegated to the Chief Executive directly to the proposed delegates, being the specified powers in the Maritime Transport Act 1994, Resource Management Act 1991, Local Government (Rating) Act 2002 and Rating Valuations Act 1998;

6 Authorises the Chief Executive to approve updates to the Chief Executive’s Delegations Manual;

7 Delegates to the General Manager, Regulatory Services:

(a) The power to appoint enforcement officers under section 38 of the Resource Management Act 1991

(b) The power to issue warrants to enforcement officers. This delegation is made pursuant to clause 32B of Schedule 7 of the Local Government Act 2002 and for avoidance of doubt is made having considered the matters under clause 32B(2) of Schedule 7 of the Local Government Act 2002

(c) The authority to determine to take enforcement action and/or prosecute a person for committing an offence Council is empowered to enforce (including Bylaws)

8 Approves the Financial Delegations as set out in attachment 2, which includes:

(a) the power to commit Council to expenditure and approve all related documentation up to $500,000, and

(b) the power to enter into loans, investments and financial hedges up to $40 million in accordance with the Long Term Plan.

1. Introduction

Council has a range of powers and functions under various legislation as well as general administrative duties. These powers and functions are generally delegated to the Chief Executive (as Council’s only direct employee appointment) and must be further delegated to Council officers to ensure that Council officers have the appropriate authority required to undertake their roles. Adoption of a Delegations Manual is a pragmatic way to ensure that Council staff have clear direction as to the scope of their delegations. In particular, the Delegations Manual aims to:

· include all key legislation used by staff to carry out Council’s functions and powers, including new legislation and bylaws;

· contain clear policy direction and guidance on how delegations work and the circumstances in which they can be exercised;

· cover practical scenarios to allow staff to effectively and efficiently carry out their roles where they have otherwise been constrained by limited or no delegations; and

· contain sufficient flexibility to account for restructuring and job title changes.

The current Delegations Manual under which the Chief Executive and Council staff operate was approved by Council on 29 September 2022, however it is prudent for the Delegations Manual to be approved at the commencement of every triennium light of the new triennium to ensure that all Councillors are aware of the applicable delegations and to ensure that the Delegations Manual remains up to date.

Since the adoption of the current Delegations Manual, further external advice has been received and staff have provided additional feedback, both of which have been incorporated into the now proposed Delegations Manual.

1.1 Legislative Framework

Pursuant to clause 32 of Schedule 7 of the Local Government Act 2002, Council may delegate to an officer of the local authority any of its responsibilities, duties, or powers except those specifically retained by Council.

Council delegates to the Chief Executive through a general delegation (see proposed delegation at Appendix 1) following which the Chief Executive has the ability to subdelegate pursuant to clause 32B of Schedule 7 of the Local Government Act 2002. The Delegations Manual is the practical exercise of this power and sets out the Chief Executive’s sub-delegations to Council officers pursuant to this clause.

There are certain delegations that must be made by Council to staff directly for example, delegations under the Resource Management Act 1991. Delegations of this kind are included within the Delegations Manual for completeness with a caveat that they require a resolution of Council to be amended.

1.2 Alignment with Strategic Framework

The Way We Work

We continually seek opportunities to innovate and improve.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

¨ Social

¨ Economic

Appropriate delegations support the efficient delivery of all of Council’s work to improve the well-beings.

2. Amendments to Delegations Manual Adopted September 2022

The amendments to the Delegations Manual approved by Council on 29 September 2022 (including the General Delegation to the Chief Executive) are tracked in the attached Delegations Manual for ease of reference but in summary these are:

· Section 6 (Interpretation) – removed roles that no longer exist.

· Section 7.8 (Land Transport Management Act) - inserted reference to the Director, Public Transport and clarified that the power to approve a regional land transport plan cannot be delegated.

· Section 7.14 (Public Works Act 1981) – clarified that the power to enter into agreements or act in relation to land does not require Council approval or to be accounted for in the Ten Year Plan where Council is not purchasing land i.e. Council is acquiring other rights for the public works, such as an easement.

· Section 7.17 (Resource Management Act 1991)

o Included reference to s33 to clarify that the CE has authority to transfer / accept transfer of functions, power and duties from / to another public authority

o Broadened the reference to enforcement officers under s332 and 33 to clarify that such officers will be duly appointed, as opposed to identifying specific roles.

o Included ability for Tier 2 Managers to be able to appeal to the Environment Court against a decision of a territorial authority (sections 168A(5) and 174).

o Included delegations to Policy and Planning roles for some provisions in relation to hearings and making of submissions.

· Section 10.4 (Authority to sign deeds) – Deleted reference to deeds being signed under a Power of Attorney and inserted that deeds must be signed by two councillors. While all Councillors have authority to sign on behalf of Council it is intended that a process is established whereby deeds are generally executed on behalf of Council by (two of) the Chair, Deputy Chair and Chair of the Risk and Assurance Committee.

Prior to requesting execution, Councillors will be provided with confirmation of the contents of the deed and their authority to sign from Legal Counsel. Councillors will also be requested to confirm that they have no conflict of interest in the matter to which the deed relates.

· Section 10.8 – Inserted reference to the authority to make submissions. This is delegated to Tier 2 and Tier 3 Managers but is subject to the importance of the submission so these may be authorised at a higher level eg. Council or Committee. It is intended that the CE will approve a process clarifying when this delegation may be exercised.

· Section 13 – Included reference to the Delegations Manual being approved at the commencement of every triennium.

The General Delegation to the Chief Executive has been amended to allow the Chief Executive to nominate and vote on the appointment of directors of a partially owned council organisation.

For clarity, it has been confirmed that the power to appoint enforcement officers and honorary enforcement officers has been delegated to the Chief Executive, General Manager Regulatory Services and the Harbourmaster. There is no restriction under the Maritime Transport Act 1994 on the ability to subdelegate this power and it has been determined this is a pragmatic level of delegation.

3. Approval of Updated Financial Delegations

Updated financial delegations have been included in the Financial Delegations (attachment 2) and Chief Executive’s Delegation Manual (supporting document 1). These updated financial delegations reflect current financial delegations; current treasury delegations approved by Council; provide explicit authority for mandatory, agency and jointly procured payments; and for accounting adjustments.

In addition, it is proposed that the amount of Delegated Financial Authority is increased by inflation (Local Government Cost Index) from September 2015 when they were last set. This increase has the effect of maintaining the level of purchasing power. This would increase the Chief Executive’s Delegated Financial Authority from $400,000 to $500,000.

The power of officers to sub-delegate is limited by the clause 32B of Schedule 7 of the Local Government Act 2002. These limitations preclude officers from being able to delegate the power to delegate, i.e. any delegation from the Chief Executive cannot be sub-delegated further. This means that any minor change to financial delegations (e.g. for a new position, staff member etc) would need the Chief Executive’s approval.

For financial delegations, it would be more efficient to allow General Managers to approve/amend the level of financial authority in their areas. Therefore, it is recommended that Council grants Delegated Financial Authority of $200,000, which is the current amount, to all General Managers.

4. Considerations

4.1 Risks and Mitigations

There are no significant risks associated with this matter/subject/project/initiative.

4.2 Climate Change

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

4.3 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.

4.4 Community Engagement

The matters addressed in this report are of a procedural nature and do not require community engagement.

4.5 Financial Implications

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

5. Next Steps

Upon acceptance of the recommendation, the Legal Team will take steps to socialise the updated Delegations Manual with staff so all council officers are aware of their powers and functions.

Attachments

Attachment 1 - General Delegation to the Chief Executive ⇩

Attachment 2 - Financial Delegations ⇩

Supporting Document 1 - Chief Executive's Delegations Manual ⇩



Report To:	Regional Council
Meeting Date:	14 December 2022
Report Writer:	Graeme Howard, Corporate Planning Lead
Report Authoriser:	Reuben Fraser, General Manager, Regulatory Services
Purpose:	Seek approval to delegate signing authority for the Regional Safety and Rescue Service funding agreement with Surf Lifesaving New Zealand to the Chief Executive.

Regional Safety Rescue Service – Surf Lifesaving New Zealand Funding Agreement

Executive Summary

Through Council’s Regional Safety and Rescue Service Fund (RSRS), Regional Council provides centralised funding for a paid lifeguard service on Western Bay, Whakatāne and Ōpōtiki District Council beaches.

Funding for the 2022/23 and 2023/24 financial years was allocated via the RSRS funding process managed via the Civil Defence Emergency Management Group Joint Committee (CDEMG-JC) in March this year. Funding allocated to Surf Lifesaving New Zealand (SLSNZ) is $660,000 over the two years. The total value of the funding agreement exceeds the financial delegation of the Chief Executive.

This report seeks Council approval to delegate to the Chief Executive authority to sign and approve all appropriate contract documentation for the RSRS funding agreement with SLSNZ for the period covering the 2022/23 and 2023/24.

Recommendations

That the Regional Council:

1 Receives the report, Regional Safety Rescue Service – Surf Lifesaving New Zealand Funding Agreement;

2 Notes the funding for 2022/23 and 2023/24 is included in the Long Term Plan 2021-2031 and that funding was allocated though a process managed by the Civil Defence Emergency Management Group Joint Committee following a request by Regional Council;

3 Delegates to the Chief Executive Chief Executive authority to sign and approve all appropriate contract documentation for the Regional Safety and Rescue Service funding agreement with Surf Lifesaving NZ for the 2022/23 and 2023/24 financial years.

1. Introduction

The Regional Safety and Rescue Services (RSRS) fund was created by Council following public consultation through the Long Term Plan 2021-2031 (LTP 2021-2031). This was to enable a centralised approach to fund RSRS services in the Bay of Plenty Region. The primary service funded historically has been the lifeguard service provided via Surf Lifesaving New Zealand (SLSNZ) with funding of $292,000 allocated for the 2021/22 year.

At Council deliberations on the LTP 2021-2031 in May 2021, Council requested staff investigate whether the fund can be managed by the Civil Defence and Emergency Management Group, given all councils are partners and the group’s relationship with Police, Fire and Emergency New Zealand, and St Johns. An update was provided to Council at the Annual Plan workshop in November 2021.

In December 2021, the Civil Defence Emergency Management Group Joint Committee (CDEMG-JC) considered and approved the RSRS funding criteria and allocation process. A sub-committee was established to consider and make recommendations to the CDEMG-JC on funding applications received in Dec 2021.

1.1 Alignment with Strategic Framework

A Healthy Environment
Freshwater for Life
Safe and Resilient Communities
A Vibrant Region	We work with and connect the right people to create a prosperous region and economy.
The Way We Work	We look to partnerships for best outcomes.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

þ Social

¨ Economic

2. Surf Lifesaving New Zealand Funding Agreement 2022/23 and 2023/24

2.1 Funding Allocation Process

The RSRS fund opened for applications on 24 January 2022 with funding allocated for the 2022/23 and 2023/24 financial years. The CDEMG-JC allocated funding on 18 March 2022, including a total of $660,000 to SLSNZ over two years, as set out below.

Application	Previous RSRS funding	CDEM-JC allocation of budgeted funding
Application	2021/22	2022/23	2023/24
SLSNZ (Excl. Tauranga)*	$292,000	$327,000	$333,000

* Note: Tauranga City Council fund Tauranga based Surf Lifesaving services directly

In April 2022, a paper summarising the RSRS funding process and allocation was included in a Council Annual Plan 2022/23 Workshop in April 2022.

2.2 Funding agreement development

BOPRC staff began progressing funding agreement with SLSNZ for 2022/23 and 2023/24 following the adoption of the BOPRC Annual Plan 2022/23 and setting of Targeted rates for RSRS funding in June 2022.

The terms and conditions of the funding agreement have been negotiated with Surf Lifesaving NZ. The services to be provided in 2022/23 and 2023/24 for a paid lifeguard service on Western Bay, Whakatāne and Ōpōtiki District Council beaches are consistent with services provided in 2021/22 (Appendix 1).

Signing the funding agreement for 2022-2024 was not due to be completed until requirements under the previous 2021/22 funding agreement were completed. The final report relating to the 2021/22 funding agreement was received on 24 November 2022 and a copy of the report is attached (Appendix 1).

Due to the new funding agreement with SLSNZ extending over two years, the total value of the funding agreement exceeds the financial delegation of the Chief Executive.

This report seeks Council approval to delegate to the Chief Executive authority to sign and approve all appropriate contract documentation for the RSRS funding agreement with Surf Lifesaving NZ for the period covering 2022/23 and 2023/24.

3. Considerations

3.1 Risks and Mitigations

Delegating authority to sign the funding agreement to the Chief Executive will enable the continued provision of a paid lifeguard service on Western Bay, Whakatāne and Ōpōtiki District Council beaches for the next two summers.

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 directly.

3.3 Implications for Māori

There are no direct implications for Māori arising as a result of this report.

3.4 Community Engagement

The Regional Safety and Rescue Services (RSRS) fund was created by Council following public consultation through the Long Term Plan 2021-2031 (LTP 2021-2031).

3.5 Financial Implications

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

4. Next Steps

Subject to Council approving the recommendations in this report, the draft contract will be signed by the Chief Executive and the initial payment made to enable the provision of the lifeguard service on Western Bay, Whakatāne and Ōpōtiki District Council beaches.

Attachments

Attachment 1 - SLSNZ - BPPRC Paid Lifeguard Service Report 2021-22 ⇩



Report To:	Regional Council
Meeting Date:	14 December 2022
Report Writer:	Mark Townsend, Engineering Manager
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	To provide an update on the Whakatāne Future Proof Project including its relationship to the Whakatāne-Tauranga Rivers Scheme – Climate Resilience Plan.

Project Future Proof Update - Whakatane River

Executive Summary

Project Future Proof is a staged programme of works to upgrade flood defences (stopbanks and floodwalls), along the Whakatāne town centre reach of Ōhinemataroa, the Whakatāne River. The purpose of the project is to manage flood risk to the Whakatāne Township, which is forecasted to gradually increase due to climate change.

Project Future Proof works are planned and designed to align with possible outcomes from the Climate Change Resilience Plan for the Whakatāne-Tauranga Rivers Scheme. Project Future Proof works planned for 2022-24 have been adjusted to align with Whakatāne District Council’s Te Ara Hou aspirations.

Confirmation of Council plans from key stakeholders, partners and a community engagement process are needed before physical works begin early 2023.

Recommendations

That the Regional Council:

1 Receives the report, Project Future Proof Update - Whakatane River.

1. Introduction

Project Futureproof is a staged project established in 2019 to upgrade flood defences (stopbanks and floodwalls), along the Whakatāne town centre reach of Ōhinemataroa, the Whakatāne River. The purpose of the project is to manage the ongoing flood risk to the Whakatāne Township, due to climate change, in a way that is effective, affordable, and cognisant of community values.

During the April 2017 flood event, the Whakatāne River rose higher than the design levels for the Whakatāne River Flood Protection System. The river surpassed its highest ever recorded river level. A number of previously identified seepage locations of concern were emphasised during the event.

Project Future Proof addresses seepage control and flood protection from Kakahoroa Drive through to the Whakatāne Heads to achieve a flood protection Level of Service of 1% annual exceedance probability (AEP) to 2040.

The project aligns with the development of the Climate Change Resilience Plan for the Whakatāne-Tauranga Rivers Scheme. This is a key workstream of the River Scheme Sustainability Strategy which is intended to ensure 100-year sustainability for each of the four river schemes.

Although Project Future Proof is being implemented ahead of finalising the Climate Change Resilience Plan for the Whakatāne River catchment, the infrastructure design provides for levels of service needed to meet 100-year predictions. In the absence of progress on upper catchment engagement on the Climate Change Resilience Plan, the Project Future Proof flood protection design provides for the raising of floodwalls and stopbanks by 800mm. This level of flood protection will be needed due to sea level rise, regardless of future upper catchment options.

1.1 Legislative Framework

Under the Local Government Act 2002, regional authorities are responsible for the provision and control of river scheme assets. The Council manages and maintains 4 main River Schemes under the Soil Conservation and Rivers Control Act 1941 and maintains these using its Rivers and Drainage Asset Management Plans. These plans include levels of service and flood protection that the Council provides for the communities that benefit from the assets.

1.2 Alignment with Strategic Framework

Safe and Resilient Communities	We support community safety through flood protection and navigation safety.
A Vibrant Region	We invest appropriately in infrastructure to support sustainable development.
The Way We Work	We deliver value to our ratepayers and our customers.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

þ Cultural

Medium - Positive

þ Social

Medium - Positive

þ Economic

High - Positive

Project Future Proof ensures protection for the Whakatāne Town Centre. This area includes commercial, residential, recreational, and cultural properties and is essential to the wellbeing of the Whakatāne District and Community.

2. Project Future Proof

2.1 Overall Programme

The existing flood protection system for the Whakatāne urban area does not meet the needs of the Whakatāne community. There are known areas of uncontrolled seepage in the Kakahoroa Drive, Quay Street and Whakatāne Boat Ramp areas. Following a recent capacity review, it became apparent that from Kakahoroa Drive to the Whakatāne Heads, floodwalls and stopbanks do not meet the current level of service (1% AEP). Additionally, the existing flood protection system has no allowance for the future impacts of climate change.

The project has significant engagement requirements with key stakeholders and partners, Ngāti Awa, Whakatāne District Council (WDC), business community, commercial property owners, recreational users, residents, and the general public.

The overall project identifies nine sections for improved flood protection measures including seepage control.

A significant suite of investigative works has been undertaken across all sites to inform options and concept designs. These have included existing asset assessments, geotechnical investigation and analysis, ground survey, aerial survey, and river modelling.

Fig 1 – Whakatāne Project Future Proof Sections

Detailed investigation and preparatory work for the sites alongside Quay Street, Kakahoroa Drive and the Boat Ramp area have informed a work programme which prioritises seepage control. In conjunction with seepage control works the programme provides for floodwall and stopbank raising.

The proposed programme for 2022-2024 varies slightly from what was originally envisaged. The change in section timings have been made to work in with WDC town revitalisation plans, Te Ara Hou. This change has no marked impact on the total programme or flood risk. The proposed work also now provides for floodwall raising (rather than only foundation strengthening), as outlined during the recent council bus tour. Further analysis and investigation have highlighted the cost efficiencies of undertaking raising as part of the floodwall works and this increased height will be needed in the future due to sea level rise, regardless of upstream mitigation options.

Proposed Project Future Proof Overall Programme
Location	Description	Comment
Kakahoroa Drive (West)	Stopbank upgrade and raising +800mm	Initiating site works early in 2023 in conjunction with Kakahoroa Drive East
Kakahoroa Drive (East)	Seepage control sheet pile works, floodwall redesigned and raised +800mm	Provision in Annual Plan 2022/23
Quay Street (West)	Seepage control sheet pile works, floodwall redesigned and raised +800mm	Provision in Annual Plan 2022/23 but now deferred until 2023/24 to align with WDC plans
Quay Street (East)	Seepage control sheet pile works, floodwall redesigned and raised +800mm	Provision in Annual Plan 2023/24
Future Stages
Wairere Stream	Floodwall raising/redesign and seepage control	Investigation and design underway
Commercial (Town) Wharf and Fishing Club	Floodwall raising/ redesign	Investigation and design underway
Mātaatua Reserve	Stopbank raising	Investigation and design underway
Boat Ramp	Seepage control sheet pile works, floodwall raising/redesign	Provision in Annual Plan 2023/24 but now deferred until 2024/25 to align with WDC plans. Provision required in LTP for 2024/25
Muriwai Drive Playground	Floodwall construction (new floodwall)	Investigation and design underway

3. Considerations

3.1 Risks and Mitigations

Project Future Proof is proposed to reduce the risk to community assets, property, and livelihoods. Due to the location and impacts for key stakeholders and partners, ensuring the project aligns with wider aspirations is challenging. A change in timing for initial sections of work better fits with WDC and Ngāti Awa plans for development on Quay Street.

Project Future Proof – Stopbank and floodwall upgrades, seepage control
Risk	Mitigation
Engagement – Designs not favoured	Early and ongoing discussions with key stakeholders and partners Public engagement programme supported by key stakeholders and partners
Timing – Works delayed (due to consent requirements, weather, or ground conditions)	Early consent discussions and application Mitigate conditions through construction methodology Defer works one construction season
Budget – Tenders exceed budget	Engineering Estimate Provisions of NZS 3910:2013 Conditions of contract for building and civil engineering construction BOPRC Approved Procurement Plan and procurement process
Design – Works do not align with Climate Change Resilience Plan – Whakatāne-Tauranga Rivers Scheme	Build in opportunities for future outcomes

3.2 Climate Change

The outcomes of this project respond directly to the effects of climate change.

3.3 Implications for Māori

This project has been the subject of direct consultation with Ngāti Awa and in particular the impacts for Ngāti Awa aspirations for the Kāinga Site, Wairaka Marae and Te Mānuka Tutahi Mātaatua.

Consultation may be required for the Kakahoroa Drive West Resource Consent. Ngāti Awa are supportive of the flood protection measures the Regional Council has undertaken and have planned for Ōhinemataroa and surrounds. Ngati Awa have been invited to recommend artwork design as part of infrastructure finishing works.

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.

As outlined key stakeholder consultation has been ongoing.

The Whakatāne-Tauranga River Advisory Group is updated with project progress at each meeting including any adjustments to work in with key partners, changes to scope and subsequent financial changes associated with the project. Community engagement activities are planned for early 2023.

3.5 Financial Implications

2022-2024 planned works are provided for in Council plans and budgets. There are no financial implications arising from this report at this stage. Future stages will be considered by Council as part of the Draft Long Term Plan 2024 – 2034. Crown Infrastructure (shovel ready projects) funding is being applied and further such funding may become available to apply to future stages.

4. Next Steps

The following next steps are planned.

· Confirmation of the BOPRC proposed design for stage one works is now sought from WDC and Ngāti Awa. While close engagement with WDC staff has been ongoing, the new Councillors need to be updated. Similarly, discussion with Ngāti Awa has been regular and consistent and confirmation in writing of support for Council plans for 2023 is now being sought.

· A comprehensive Communications Plan has been developed to provide information to the public about the project.

· A programme of public engagement is proposed following receipt of the key stakeholder support. This is planned in the form of open days and the sharing of information via various media channels and on site. Feedback will inform any proposed changes.

· Resource Consent is required for the Kakahoroa West stopbank raising works and consent preparation is currently underway.

· Procurement Open Tender for Kakahoroa Drive works is scheduled for January/February 2023 with physical works hoping to begin in March 2023.

· Future stages – Investigation and design work for remaining stages continues.