Agenda of Regional Council - Thursday, 9 February 2023

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 9 February 2023

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 Public Forum: Future Problem Solving - Tauranga Intermediate Presentation

This item will be presented by Tauranga Intermediate Students

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 - 22 December 2022 1

9. Reports

9.1 Chairperson's Report 1

Decisions Required

9.2 Quayside Holdings Limited - Expiry of Directors' Terms of Appointment in 2023 1

Attachment 1 - Timeline QHL Directors Terms - Dec 2022 1

9.3 Bay of Plenty Mayoral Forum Triennial Agreement 2022-2025 1

Attachment 1 - Bay of Plenty Mayoral Forum Triennial Agreement 2022-2025 1

Information Only

9.4 Project Future Proof Update - Whakatane River 1

9.5 BOPLASS Annual Report - 30 June 2022 1

Attachment 1 - BOPLASS Annual Report for the year ended 30 June 2022 1

10. Public Excluded Section

Resolution to exclude the public

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

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

Item No.	Subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Grounds under Section 48(1) for the passing of this resolution	When the item can be released into the public
10.1	Waihi Estuary Catchment - Wetland Creation Opportunity	Withholding the information is necessary to enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities.	48(1)(a)(i) Section 7 (2)(h).	On the Chief Executive's approval.

Decisions Required

10.1 Waihi Estuary Catchment - Wetland Creation Opportunity

This item will be distributed under a separate cover.

11. Public Excluded Business to be Transferred into the Open

12. Readmit the Public

13. Consideration of Items not on the Agenda

14. Closing Karakia



Report To:	Regional Council
Meeting Date:	9 February 2023
Report Authoriser:	Doug Leeder

Chairperson's Report

Executive Summary

Since the preparation of the previous Chairperson’s Report for the Council meeting on 14 December 2022, I have attended and participated in a number of meetings and engagements as Chairperson on behalf of Bay of Plenty Regional Council (BOPRC).

This report sets out those meetings and engagements, outside of Council, Committee and Sub-Committee meetings, and highlights key matters of interest that I wish to bring to Councillors’ attention.

Recommendations

That the Regional Council:

1 Receives the report, Chairperson's Report.

1. Purpose

The purpose of this report is to update Council on meetings and engagements, outside of Council, Committee and Sub-Committee meetings, I have attended and participated in as Chairperson. Also, to highlight key matters that will be of interest to Councillors.

The following section summarises these meetings and engagements. I will provide further detail at the meeting in response to any questions you may have.

2. Meetings and Engagements

Date	Meeting / Engagement	Comment
7 December 2022	LGNZ Event – Have your say on RM Reform – Videoconference	A brief explanation and discussion of the LGNZ resource management submission outline.
7 December 2022	Catch-up with Ōpōtiki District Council Mayor David Moore and interim Chief Executive Miles McConway – Ōpōtiki	Attended.
8 December 2022	LGNZ Leader’s Zoom: Census 2023 – Videoconference	Discussed the upcoming Census on 7 March 2023, which will provide critical data for councils.
15 December 2022	Future for Local Government Review Panel Regional Tour – Tauranga	The Panel’s Regional Tour to discuss their draft report with councils.
16 December 2022	Port of Tauranga Limited Board Meeting – Mount Maunganui	Attended.
21 December 2022	Catch-up with Pamela Storey, Chair Waikato Regional Council	Attended.
2 January 2023	Lake Rotoiti Community Association Annual General Meeting – Mourea	Attended.
15 January 2023	Lake Tarawera Ratepayers Association Annual General Meeting – Tarawera	Attended.
29 January 2023	Waterwheel Historic Trust Farming like Grandad and Country Fair event – Kawerau	BOPRC marque covering water and its management.



Report To:	Regional Council
Meeting Date:	9 February 2023
Report Writer:	Gillian Payne, Principal Advisor
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	To appoint a Nomination Panel for directors of Quayside Holdings Limited, in anticipation of the expiry of two directors’ terms of appointment in 2023.

Quayside Holdings Limited - Expiry of Directors' Terms of Appointment in 2023

Executive Summary

During 2023, the terms of appointment of two Quayside Holdings Limited (QHL) independent directors will expire. Attachment 1 illustrates the terms of the current directors of QHL.

Council’s Appointment and Remuneration Policy for Directors of Council Organisations sets out the process for re-appointment or new appointments of directors. QHL is a directly held Council Controlled Organisation, so Part 2A of the policy applies, in which Council’s first step in appointing directors is to appoint a Nomination Panel (Panel). The role of the Panel is to identify and recommend candidates for appointment.

This report seeks decisions on the members of the Panel, its Chair and its period of appointment.

At a subsequent meeting, Council will be asked to consider whether tikanga Māori and Te Ao Māori are relevant to the governance of QHL, so that the Panel can take Council’s views into account.

Recommendations

That the Regional Council:

1 Receives the report, Quayside Holdings Limited - Expiry of Directors' Terms of Appointment in 2023;

2 Appoints as members of the Nomination Panel for directors of Quayside Holdings Limited, for the period ending 31 December 2024, the following:

- Chair of the Regional Council, and

- Sue Suckling (Member of the NZ Institute of Directors), and

- Chair of the Board of Quayside Holdings Limited (QHL), and as his alternate, ______________ (independent director of QHL);

3 Appoints _____________ as Chair of the Nomination Panel for directors of Quayside Holdings Limited.

1. Introduction

During 2023, the terms of appointment of two QHL directors will expire. Attachment 1 illustrates the terms of the current directors of QHL. Sir Rob McLeod’s second term expires on 31 October 2023 and Brett Hewlett’s second term expires on the same date.

Council has not yet approached these directors to establish whether they will offer themselves for reappointment but will do so during the first quarter of 2023. The initial step for Council (in either appointing or re-appointing directors) is to establish a Nomination Panel to identify and recommend suitable candidates for Council to appoint.

1.1 Legislative Framework

When identifying the skills, knowledge, and experience required of directors of a council-controlled organisation (CCO), section 57 of the Local Government Act 2002 requires Council to consider whether knowledge of tikanga Māori may be relevant to the governance of the CCO.

To meet this requirement, Council’s Appointment and Remuneration Policy for Directors of Council Organisations (the Policy) directs that the Panel seeks Council’s opinion in this regard, and whether knowledge of Te Ao Māori is relevant to the governance of the CCO.

Council will have the opportunity to discuss these matters at a subsequent meeting, and advise the Nominations Panel of its views at that time.

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

¨ Economic

Medium - Positive

Appointing effective directors for QHL is important because QHL’s dividend distribution depends on the success of the CCO and this dividend helps fund Council’s work for the community.

2. Appointment Process

2.1 Policy on director appointments

Part 2A of Council’s Appointment and Remuneration Policy for Directors of Council Organisations (the Policy) applies to appointments of directors of QHL. Key steps in the appointment process are illustrated below:

2.1.1 Council’s role in the appointment process

In terms of the Policy and legislation, Council’s role is to:

· appoint a Panel and its Chair

· consider whether knowledge of tikanga Māori and Te Ao Māori may be relevant to the governance of that CCO. This meets Council’s obligation under section 57 of the Local Government Act to consider tikanga Māori, as well as Council’s commitment to also consider the wider concept of Te Ao Māori.

· receive the recommendations for director appointments from the Panel and make decisions on appointments.

2.1.2 Nomination Panel’s role

The Panel’s role is to consider the existing mix of skills, knowledge, and experience of the Board and develop a profile (for each vacancy) of the complementary qualities needed in a new or re-appointed director. The Panel should consider:

· Council’s view on whether knowledge of tikanga Māori and Te Ao Māori may be relevant to the governance of the CCO

· the core and additional competencies for QHL directors (sections 2.4 and 2.5 of the Policy).

2.2 Appointing the Nomination Panel

2.2.1 Composition of the Nomination Panel and term of appointment

The Policy (section 2.9.2) provides that the Panel will be appointed by Council, comprising:

· One independent director from the NZ Institute of Directors (IOD).

· One independent director of the CCO.

· One elected member of Council.

Council appoints one of the members to be Chair of the Panel for a defined period.

Members of the Panel will generally be appointed for three years and may be re-appointed for further three-year terms. No member of the Panel may serve more than three terms.

2.2.2 Decisions on members of Nomination Panel and Chair

The Panel must be as independent as possible so that the selection process is distanced from local government political influence, or perception of bias.

The following people are recommended to fill the positions on the Panel:

Director nominated by IOD: Sue Suckling was previously nominated by the NZ Institute of Directors for this role and has expressed her willingness to undertake it again. Her background and credentials are summarised in Attachment 2.

Elected member of Council: The Chair of the Regional Council is recommended, to provide the Council’s perspective, as shareholder.

Independent director of Quayside Holdings Limited: The Chair of Quayside Holdings is recommended, provided he is not conflicted. This would provide the CCO’s governance perspective and overall knowledge of the Board current capabilities.

Since one of the directors’ terms of appointment expiring in 2023 is that of the Chair, it is possible that he will be conflicted if he chooses to offer himself for re-election. As a result, another independent QHL director should be identified at the Council meeting to be appointed as alternate to Sir Rob McLeod if needed.

Chair of the Nomination Panel: It is recommended that the Chair of the nominated Panel be Sue Suckling as the independent director. Sue has previously chaired past nomination panels.

Term of appointment of the Nomination Panel

A term of at least two years is recommended for the Panel, to provide a balance of continuity and flexibility, taking into account the cycle of directors’ terms of appointment illustrated in Attachment 1.

3. Considerations

3.1 Risks and Mitigations

The independence of the Panel helps mitigate any risks or perceptions of undue political influence or bias in the appointment of CCO directors.

3.2 Climate Change

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

3.3 Implications for Māori

The implications for Māori will be dealt with as part of Council’s consideration of the relevance of tikanga Māori and Te Ao Māori to the governance of the CCO, as explained in in section 2.1.1 of this report.

3.4 Community Engagement

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

3.5 Financial Implications

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

4. Next Steps

Following this meeting the Panel will be established according to the direction provided by Council.

Contact will be made with the QHL directors whose terms are expiring in 2023, to establish whether or not they intend to offer themselves for reappointment.

In March/April 2023 Council will have the opportunity to discuss and form a view on whether knowledge of tikanga Māori and Te Ao Māori may be relevant to the governance of the CCO. In doing so, Council should consider the purpose of QHL, its direction and objectives as expressed in its Statement of Intent and the Council context, including the commitments made by Council when it adopted its Partnerships with Māori Statement in August 2021 and the implementation programme and action plan in April 2022.

The Panel will be informed of Council’s views as they begin their work.

Attachments

Attachment 1 - Timeline QHL Directors Terms - Dec 2022 ⇩



Report To:	Regional Council
Meeting Date:	9 February 2023
Report Writer:	Davina Cochrane, Senior Advisor
Report Authoriser:	Fiona McTavish, Chief Executive
Purpose:	To provide the draft Bay of Plenty Mayoral Forum Triennial Agreement 2022-2025 for consideration and endorsement.

Bay of Plenty Mayoral Forum Triennial Agreement 2022-2025

Executive Summary

The Local Government Act 2002 (LGA) requires all local authorities within each region to enter into a Triennial Agreement, that complies with section 15 of the LGA, by 1 March of the year following local government elections.

In order to comply with the requirement of the LGA, the draft Bay of Plenty Mayoral Forum Triennial Agreement is being considered by each partner council for approval. The draft Agreement is based on the existing Agreement, with streamlining of some provisions to be more succinct, and raising the intent of the agreement between member councils.

The Triennial Agreement recognises the importance of local government authorities working together to improve the Bay of Plenty and represents the shared desire of local government in the region to work collaboratively to maximise effectiveness and efficiency and promote wellbeing in our communities. Determining the strategic regional issues and opportunities over the triennium and beyond has also been included under the statement of intent.

The Triennial Agreement may need to be amended by agreement at the first available opportunity, once the Resource Management reforms are in force. Also, any implications from the Future for Local Government Review will need to be considered and included if relevant.

Once approved by each partner council, the draft Bay of Plenty Mayoral Forum Triennial Agreement will be signed by the Mayors/Chairpersons before 1 March 2023.

Recommendations

That the Regional Council:

1 Receives the report, Bay of Plenty Mayoral Forum Triennial Agreement 2022-2025;

2 Notes that the Local Government Act 2002 requires not later than 1 March after each triennial general election of members, all local authorities within each region to enter into a triennial agreement covering the period until the next election;

3 Endorses the draft Bay of Plenty Mayoral Forum Triennial Agreement 2022-2025.

1. Introduction

The Local Government Act 2002 (LGA) requires all local authorities within each region to enter into a triennial agreement for the period until the next triennial general election. This agreement must be entered into not later than 1 March after each election.

The local authorities in the Bay of Plenty region have successfully worked together under a Bay of Plenty Triennial Agreement for over a decade.

The draft Bay of Plenty Mayoral Forum Triennial Agreement is based on the 2019-2022 Triennial Agreement but has been streamlined to better reflect the intentions of the member councils. The Agreement recognises the importance of local government authorities working together to improve the Bay of Plenty and represents the shared desire of local government in the region to work collaboratively to maximise effectiveness and efficiency and promote wellbeing in our communities.

1.1 Legislative Framework

The LGA and Resource Management Act 1991 (RMA) outline the requirements for a triennial agreement. It is up to the authorities who are party to each agreement to determine how far beyond the statutory requirements they wish to go in terms of the content and level of detail included in their agreement. The Bay of Plenty Triennial Agreement has developed steadily over time and has worked well.

1.1.1 Local Government Act 2022

Section 15 of the LGA, sets out the minimum requirements for triennial agreements which are:

(1) Not later than 1 March after each triennial general election of members, all local authorities within each region must enter into an agreement which complies with section 15 of the LGA for the period until the next triennial general election of members.

(2) Each agreement must include:

a. Protocols for communication and coordination among local authorities,

b. A statement of the process for consultation on proposals for new regional council activities, and

c. A protocol and process in regards to funding facilities and services of significance to more than one district.

(3) Each agreement may include joint committee or other joint governance arrangement information including matters to be included in the terms of reference.

(4) All local authorities within each region may agree to amendments to the protocols.

(5) An agreement remains in force until replaced by another agreement.

(6) Each agreement must include a process to be followed if a decision of a local authority is or is expected to have consequences that will be significantly inconsistent with the agreement. The process includes the local authority identifying the inconsistency, the reason for the inconsistency, and any intention for the local authority to seek an amendment to the agreement. There are also notice provisions that must be included in the agreement.

1.1.2 Resource Management Act 1991

Clause 3A of Schedule 1 to the RMA specifies that the triennial agreement must include an agreement on the consultation process to be used by the affected councils when preparing a proposed policy statement or its variation, and a change or review of a policy statement.

1.1.3 Resource Management Reforms and Future for Local Government Review

The Resource Management reforms, and Future for Local Government Review may affect the legal provisions within the Triennial Agreement. It is proposed that the Triennial Agreement is reviewed and amended by agreement between the signatories once any implications are confirmed.

1.2 Alignment with Strategic Framework

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
Freshwater for Life	We collaborate with others to maintain and improve our water resource for future generations.
Safe and Resilient Communities	We work with our partners to develop plans and policies, and we lead and enable our communities to respond and recover from an emergency.
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.

The Bay of Plenty Mayoral Forum Triennial Agreement 2022-2025 contributes to all Community Outcomes.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

The Bay of Plenty Mayoral Forum Triennial Agreement 2022-2025 contributes to all Community Well-beings.

2. Statement of Intent - Strategic Regional Issues and Opportunities

The statement of intent includes the shared objective of working collaboratively to maximise effectiveness and efficiency, and to promote wellbeing in our communities, and promote the consultation process for preparation and review of the Regional Policy Statement.

Added into this triennium’s Triennial Agreement is the intent for Mayors and Chairpersons to seek to determine high-level regional strategic issues and opportunities over the triennium and beyond (e.g., three and ten year timeframes).

3. Triennial Meetings

Section 15 of the LGA does not require parties to a Triennial Agreement to hold triennial meetings, however, they are a logical outcome of the Agreement. This is standard practice for the Bay of Plenty, and other regions.

It has been previously acknowledged that the Bay of Plenty has a very formal Mayoral Forum structure that some other regions do not have. Mayors, Chairpersons and Chief Executives of each council will continue to meet regularly as per an agreed annual schedule of meetings. This will allow sufficient time and opportunity for relationship building and the identification and progression of regional strategic issues, opportunities and topical matters.

If there are any formal public communications arising from these meetings, then the messaging will need to be approved by all participating Councils prior to its release.

At this stage, Bay of Plenty Regional Council will continue to act as Administrator of these meetings.

The meeting provision within the triennial agreement is sufficiently broad to allow some flexibility in the future if members feel that change is needed.

4. Considerations

4.1 Risks and Mitigations

There are no 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 matters addressed in this report are of a procedural nature.

4.4 Community Engagement

Engagement with the community is not required as the recommended proposal relates to internal Council matters and are of a procedural nature.

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.

The final steps in the Triennial Agreement process prior to 1 March 2023, are:

· Receipt by the Regional Council of all the resolutions by individual local authority members approving the new Triennial Agreement; and

· Receipt by the Regional Council of all electronic signatures of the member councils Mayors/Chairpersons for signing of the Triennial Agreement, by 28 February 2023.

Attachments

Attachment 1 - Bay of Plenty Mayoral Forum Triennial Agreement 2022-2025 ⇩



Report To:	Regional Council
Meeting Date:	9 February 2023
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.



Report To:	Regional Council
Meeting Date:	9 February 2023
Report Writer:	Mark Le Comte, Principal Advisor, Finance
Report Authoriser:	Kumaren Perumal, Chief Financial Officer
Purpose:	To present Council with the BOPLASS Annual Report for the year ended 30 June 2022

BOPLASS Annual Report - 30 June 2022

Executive Summary

The Bay of Plenty Local Authority Shared Services (BOPLASS) Annual Report for the year ended 30 June 2022 was completed on 22 December 2022. The audit report noted that the legislative timeframe was not met because the audit was completed late due to a shortage of auditors in New Zealand.

BOPLASS achieved five of its six performance targets and achieved a surplus of $6,244 for the year.

Council’s Annual Report for the year ended 30 June 2022 included unaudited BOPLASS information. There are no material changes arising from the final audited BOPLASS Annual Report for the year ended 30 June 2022.

Recommendations

That the Regional Council:

1 Receives the report, BOPLASS Annual Report - 30 June 2022.

1. Introduction

The purpose of this report is to present Council with the BOPLASS Annual Report for the year ended 30 June 2022 and provide an overview of the company’s performance for the period.

1.1 Legislative Framework

Bay of Plenty Regional Council has an 16.13% percent shareholding in BOPLASS. BOPLASS is a Council Controlled Organisation (CCO) owned by Bay of Plenty Regional Council and eight other councils.

Section 67 of the Local Government Act 2002 requires Council Controlled Organisations to send its shareholders an annual report. The time limit has been extended from 30 September to 30 November for the 2021/22 financial year.

The BOPLASS Annual Report for the year ended 30 June 2022 was completed on 22 December 2022, after the legislative timeframe. The audit report noted that the audit was completed late due to a shortage of auditors in New Zealand.

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.

BOPLASS provides shared services and procurement opportunities for councils in the Bay of Plenty Region and Taupō District and Gisborne District Councils.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

¨ Social

¨ Economic

Low - Positive

Shared services provide for efficient delivery of services.

2. BOPLASS Annual Report for the year ended 30 June 2022

BOPLASS has delivered its Annual Report for the year ended 30 June 2022 (attachment one).

BOPLASS achieved five of its six performance targets and achieved a surplus of $6,244 for the year, compared to a surplus of $15,970 for the previous year ended 30 June 2021. The missed target was in relation to communication with Council shareholders; the explanation given on page 12 of the Annual Report is:

Formal meetings with all council executive teams were unable to be completed this year. Staff absences, travel restrictions and increased workloads meant not all councils could be covered.

The BOPLASS Chair’s Report notes that many organisations, including BOPLASS member councils, are providing increased reporting on environmental, social and governance performance and impacts. The Chair notes BOPLASS’s intention to provide increased narrative on these matters in subsequent annual reports.

3. Considerations

3.1 Risks and Mitigations

The matters addressed in this report are of a procedural nature and there are no material risks.

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. BOPLASS has noted that future reporting may require increased narrative related to environmental and sustainability issues.

3.3 Implications for Māori

There are no direct implications for Māori from this report. BOPLASS has noted that future reporting may require increased narrative regarding human and social capital issues.

3.4 Community Engagement

INFORM

Whakamōhio

To provide affected communities with balanced and objective information to assist them in understanding the problems, alternatives and/or solutions.

The BOPLASS Annual Report for the year ended 30 June 2022 will be published on the Council website for public information as required by the Local Government Act.

3.5 Financial Implications

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

4. Next Steps

The BOPLASS Annual Report for the year ended 30 June 2022 will be published on Council’s website.

BOPLASS is scheduled to present its draft Statement of Intent 2023/24 at the 16 March 2023 Council Meeting.

Attachments

Attachment 1 - BOPLASS Annual Report for the year ended 30 June 2022 ⇩