Agenda of Regional Council - Thursday, 29 June 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 29 June 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 Mr Gordon J 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 - 4 May 2023 1

8.2 Regional Council Minutes - 25 May 2023 1

8.3 Extraordinary Regional Council Minutes - 9 June 2023 1

9. Presentations

9.1 School Sustainability and Resilience Funding Presentation

Presented by: Youth Presenters

9.2 Tauranga System Plan (TSP) Presentation - A set time for this item may be confirmed closer to the meeting

Presented by: Dean Kimpton and Shaun Jones

10. Verbal Acknowledgement of Cr Crosby as LGNZ President

11. Reports

11.1 Chairperson's Report 1

Decisions Required

11.2 Adoption of the Annual Plan 2023/24 1

Attachment 1 - 2023/24 Fees and Charges Policy for Adoption 1

11.3 Rates Setting for 2023/24 Financial Year

This item will be distributed under a separate cover.

11.4 Making Proposed Change 5 (Kaituna River) to the Regional Policy Statement operative 1

Supporting Document 1 - Proposed Change 5 (Kaituna River) to the RPS pre-operative version 10

11.5 Code of Conduct for Council 1

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

11.6 2023 LGNZ AGM Remits for consideration 1

Attachment 1 - 2023 AGM Remits and Advice for Council 1

Attachment 2 - Remits 2023 AGM 1

11.7 SmartGrowth Leadership Group Agreement and Terms of Reference 1

Attachment 1 - Urban Growth Partnership Agreement and TOR (2023 Updates) - 5 April 2023 1

Attachment 2 - 2023 05 31 - SmartGrowth Arrangements (including key responsibilities) 1

11.8 Delegations Update 1

Attachment 1 - Amendments to RMA & Ratings Delegations 1

11.9 Acting Chief Executive 1

12. 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
12.1	Public Excluded Regional Council Minutes - 4 May 2023	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
12.2	Public Excluded Regional Council Minutes - 25 May 2023	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
12.3	Public Excluded Tauranga Public Transport Joint Committee Minutes - 28 February 2023	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
12.4	Smith Road Old Rangitaiki Channel Crossing Upgrade	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)(i).	On the Chief Executive's approval.
12.5	Automatic Monitoring Buoy Contract: Rotorua Te Arawa Lakes	Withholding the information is necessary to enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities.	48(1)(a)(i) Section 7 (2)(h).	To remain in public excluded.

Minutes to be Confirmed

12.1 Public Excluded Regional Council Minutes - 4 May 2023

12.2 Public Excluded Regional Council Minutes - 25 May 2023

Minutes to be Received

12.3 Public Excluded Tauranga Public Transport Joint Committee Minutes - 28 February 2023

Decisions Required

12.4 Smith Road Old Rangitaiki Channel Crossing Upgrade

Attachment 1 - 2023 06 23 Smith Road Old Rangitaiki Crossing Map

12.5 Automatic Monitoring Buoy Contract: Rotorua Te Arawa Lakes

Attachment 1 - CON000967 Rotorua Lakes Buoy Monitoring Procurement Plan

13. Public Excluded Business to be Transferred into the Open

14. Readmit the Public

15. Consideration of Items not on the Agenda

16. Closing Karakia

Regional Council Minutes

4 May 2023

Regional Council

Open Minutes

Commencing: Thursday 4 May 2023, 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 Toi Kai Rākau Iti – via Zoom

Cr Kat Macmillan

Cr Matemoana McDonald

Cr Ron Scott

Cr Paula Thompson

Cr Lyall Thurston

Cr Te Taru White

Cr Kevin Winters

In Attendance: Fiona McTavish – Chief Executive; Mat Taylor – General Manager Corporate; Namouta Poutasi – General Manager Strategy & Science; Reuben Fraser – General Manager Regulatory Services (via Zoom); Chris Ingle – General Manager Integrated Catchments; Mark Townsend – Engineering Manager; Antoine Coffin – Spatial Planning Manager; Greg Corbett – Biosecurity Manager; Lisa Power – Senior Planner; Rachel Boyte – Legal Counsel; Pim de Monchy – Coastal Catchments Manager; Lynda Frew – Legal Counsel; Shay Dean – Environmental Scientist; Steve Groom – Governance Manager; Tone Nerdrum Smith – Committee Advisor

Robert Brodnax – BECA (via Zoom); Elva Conroy – Consultant

Apologies: Cr Ken Shirley, Cr Andrew von Dadelszen, Cr Stuart Crosby

1. Opening Karakia

A karakia was provided by Cr Lyall Thurston.

2. Apologies

Resolved

That the Regional Council:

1 Accepts the apologies from Cr Shirley, Cr von Dadelszen and Cr Crosby.

Leeder/McDonald

CARRIED

3. Items not on the Agenda

3.1

Governance Proposal for the Rotorua Future Development Strategy Joint Committee

Resolved

That the Regional Council:

1 Accepts the report Governance Proposal for the Rotorua Future Development Strategy Joint Committee for inclusion in this agenda and notes that the reason it cannot be deferred to the next meeting is to enable the project’s statutory timelines to be met.

Winters/White

CARRIED

4. Order of Business

Noted that the item not on the agenda, report Governance Proposal for the Rotorua Future Development Strategy Joint Committee would be discussed at the end of the Public Section before the meeting went into Public Excluded.

5. Declaration of Conflicts of Interest

None declared.

6. Minutes

Minutes to be Confirmed

6.1

Regional Council Minutes - 16 March 2023

Resolved

That the Regional Council:

1 Confirms the Regional Council Minutes - 16 March 2023 as a true and correct record.

Nees/Winters

CARRIED

7. Reports

7.1

Chairperson's Report

Key Points:

· Noted that Cr Macmillan and Cr von Dadelszen had attended the ANZAC commemoration on 25 April with Chairman Leeder, and that Cr McDonald had attended the ANZAC parade at Te Whetū o te Rangi marae

· The information and presentation regarding learnings from the recent storm/flood events as provided at the LGNZ Regional Sector meeting on 17 April 2023 to be made available to Councillors.

Resolved

That the Regional Council:

1 Receives the report, Chairperson's Report.

Leeder/Macmillan

CARRIED

Decisions Required

7.2

Rangitāiki Floodway - Spillway Upgrade

Presentation - Rangitaiki Spillway - Council 4 May 2023 pdf: Objective ID A4370006

Presented by: Chris Ingle – General Manager Integrated Catchments and Mark Townsend – Engineering Manager.

Key Points:

· Recognised the engaged and passionate community in the Rangitāiki River Catchment

· Council staff had applied a comprehensive approach in the quality control and risk assessment of the construction project, with the ‘on time/on budget’ principle always being featured

· Irrespective of where the funding was sourced from, the project timeline would remain unchanged.

Key Points - Members:

· Noted the significant effort of staff through effective communication of Council’s flood management programme to affected communities

· A perceived lack of progress was the main concerns of the community, with the ‘just get on with it’ being the pervading feeling

· The project represented a significant cost to the affected community and any further funding from Kānoa would be gratefully welcomed.

Resolved

That the Regional Council:

1 Receives the report, Rangitāiki Floodway - Spillway Upgrade;

2 Approves the increase in total project budget for the Rangitāiki Floodway Spillway Upgrade Project to $7,800,000;

3 Approves the additional capital expenditure of $5,300,000 in the Annual Plan 2023/24 and $1,000,000 in the Long Term Plan 2024-2034 for the Rangitāiki Spillway Project;

4 Approves loan funding of up to $5,700,000 for the Rangitāiki Floodway- Spillway Upgrade should further Kānoa - Regional Economic Development & Investment Unit funding for the project not be approved;

5 Approves the Rangitāiki Floodway Spillway Upgrade Project Procurement Plan;

6 Delegates to the Chief Executive the financial authority to accept tenders and approve contracts, supplier selections and payments for the Rangitāiki Spillway capital project, including contract variations, subject to the tender price being within the approved capital project budget as set out in the Long Term Plan or Annual Plan;

7 Confirms the decision has a medium level of significance as determined by the Council’s Significance and Engagement Policy. Council has identified and assessed different options and considered community views as part of making the decision, in proportion to the level of significance.

Winters/Campbell

CARRIED

7.3

Eastern Bay of Plenty Spatial Plan – Structure and Governance Proposal

Presented by: Namouta Poutasi - General Manager Strategy & Science, Antoine Coffin – Spatial Planning Manager and Elva Conroy - Consultant, supported by Robert Brodnax – BECA (via Zoom).

Key Points - Members:

· Recognised the departure of Elva Conroy as the Acting Spatial Manager and welcomed Antoine Coffin as the permanent appointee

· The Governance Group was not established as a formal/public Committee.

Resolved

That the Regional Council:

1 Receives the report, Eastern Bay of Plenty Spatial Plan – Structure and Governance Proposal;

2 Endorses the proposed structure of the project;

3 Confirms the appointment of a BOPRC representative, being Cr Malcolm Campbell and an alternate, being Cr Toi Iti to the Project Governance Group.

White/Thurston

CARRIED

7.4

Te Arawa Lakes Trust Framework Agreement

Presented by: Greg Corbett – Biosecurity Manager, Lynda Frew – Legal Counsel, Te Wakaunua Te Kurapa - Biosecurity Officer.

Key Points:

· The Framework Agreement represented a continuation of the current working relationship between Te Arawa Lakes Trust (TALT) and Council through providing certainty for TALT to facilitate continued capability building within biosecurity work

· The agreement was set up as an overarching umbrella structure, with individual workstreams underneath, and this provided a high level of flexibility

· Council’s ALUM dosing was always intended to be a short term measure, rather than an ongoing solution, and longer term, non-chemical solutions were being pursued and implemented

· Although the ALUM consent had been renewed, the dosing had been reduced

· Further information could be provided to Elected Members regarding the current and future nature of ALUM dosing.

Key Points - Members:

· Sought assurance there was sufficient flexibility within the agreement to accommodate any changes in Council priorities or funding in its Long-Term Plan, and that this would not impact on the sensitive and important relationship between TALT and Council

· Recognised the successful programmes undertaken by Te Arawa Lakes Trust (TALT), e.g. ‘Te Arawa Catfish Killas’ and the strong partnership with Council

· Anticipated a natural progression towards Council transferring responsibilities to Te Arawa Lakes in its management of the Rotorua lakes.

Resolved

That the Regional Council:

1 Receives the report, Te Arawa Lakes Trust Framework Agreement.

2 Notes that the expenditure facilitated by this proposed agreement is already approved as part of Regional Council activity budgets in the Long-Term Plan, and any applicable future plans.

3 Delegates to the Chief Executive, through acceptance of the Procurement Plan, the ability to approve the contract (including payments and contract variations) with Te Arawa Lakes Trust.

Thurston/Winters

CARRIED

7.5

Recommendations on Proposed Change 5 (Kaituna River) to the Regional Policy Statement

Presented by: Lucy Holden – Senior Planner, Rachel Boyte – Legal Counsel and Julie Bevan – Policy & Planning Manager.

Key Points - Members:

· Sought that, after any appeal process, information and learnings from the new process of the Freshwater Hearings Panel be shared with Councillors, as this was the first freshwater planning instrument in the country that has gone through that new process.

In Response to Questions - Staff:

· Paragraph 85 (the recommendation to the Kaituna River Authority to include a method to ensure that wherever possible, water flowing into the Kaituna River first be filtered using developed wetlands as a filtering mechanism) was not a recommendation on the freshwater planning instrument that the Council was required to make a decision on. The recommendation was made to the Authority, was not included as a recommended change to Change 5 text, and there was no separate s32AA analysis

· However, the recommendation would be provided to the Kaituna River Authority, who could consider it, for example, in the context of a River Document or Te Tini a Tuna - Kaituna Action Plan review, and to the Water Policy team that was currently reviewing the Regional Policy Statement and Regional Natural Resources Plan

· The Panel had recommended that the proposed riparian margin definition in Change 5 be removed as it was inconsistent with the current definition within the Regional Natural Resources Plan (noting that it explicitly excludes margins of artificial watercourses), and this should be looked at as part of the current wider Regional Policy Statement and Plan review.

Resolved

That the Regional Council:

1 Receives the Freshwater Hearing Panel’s recommendations (Supporting Documents 2, 3 and 4 to this report).

2 Accepts all Hearing Panel recommendations (as summarised in Supporting Document 1 and detailed Supporting Documents 2, 3, and 4 to this report).

3 Delegates to the General Manager Strategy and Science the power to make amendments to Proposed Change 5 where such an alteration is of minor effect or is to correct minor errors.

4 Approves public notification of its decisions on Proposed Change 5 (Kaituna River) to the Regional Policy Statement.

5 Notes that on and from the date the decisions are publicly notified, the Regional Policy Statement is amended in accordance with the decisions on Proposed Change 5 (Kaituna River).

Thompson/Nees

CARRIED

7.6

Minor Amendments to the Regional Pest Management Plan

Presented by: Namouta Poutasi - General Manager Strategy & Science, Julie Bevan – Policy & Planning Manager, Lisa Power – Senior Planner and Greg Corbett – Biosecurity Manager.

Key Points:

· Provided an outline of the proposed changes, which were considered relatively minor.

Key Points - Staff:

· Council was in the process of developing an App for certification purposes, rather than the current hardcopy certification process which was not always customer friendly.

Resolved

That the Regional Council:

1 Receives the report, Minor Amendments to the Regional Pest Management Plan.

2 Approves the minor amendments recommended in this report and set out in Appendix 1.

White/Scott

CARRIED

7.7

2023 Integrated Committee Work Programme

Presented by: Namouta Poutasi - General Manager Strategy & Science and Steve Groom – Governance Manager.

Key Points:

· The effectiveness of the various work programmes would be monitored and feed into the scheduled review of the committee structure.

Resolved

That the Regional Council:

1 Receives the report, 2023 Integrated Committee Work Programme.

2 Endorses the 2023 Integrated Committee Work Programme as identified in Attachment 1 of this report.

3 Notes that the Integrated Committee Work Programme will be monitored and reviewed for effectiveness and will inform the governance structure review to be undertaken late 2023 and reported back to Council early 2024.

Nees/Macmillan

CARRIED

Information Only

7.8

Update on Whakatāne and Ōhope Sites Environmental Programme

Presentation - Whakatane & Ohope Reserves Environmental Programme 2018-2023 pdf: Objective ID A4373092

Presented by: Chris Ingle – General Manager Integrated Catchments, Pim de Monchy – Coastal Catchments Manager, Shay Dean – Environmental Scientist.

Key Points:

· The review of the current Whakatāne and Ōhope Environmental Programme (EP) had identified some encouraging gains and that the EP was generally on track to achieving the protection and enhancement of indigenous biodiversity values and ecological integrity of the sites

· The EP was the largest (in value) in the Bay of Plenty region, hence it being presented to Council to ensure Councillors were well informed

· Predator control using only trapping would typically show positive results initially, and then taper off over time as the proportion of trap-shy predators increased (typically over a 5-10 year timeframe). This could lead to a corresponding decline in ecological benefits arising from the investment in trapping, which in this case had been witnessed in a declining kiwi-chick survival rate which was now below the threshold required for population replacement

· Alternative predator control methods for trap-shy stoats included the use of toxins to control rats or mice which the stoats preyed upon. Potentially suitable toxins included sodium fluoroacetate (1080) or second generation anticoagulants (e.g. brodifacoum)

· Pursuing alternative funding opportunities was important and various sources, such as Bay Trust, were being considered

· Te Korehāhā Whakahau (Ngati Awa) possum eradication programme with Jobs for Nature funding was focussed on the land between the Whakatāne River and Ōhiwa Harbour which overlapped with the EP area. It would be important to ensure collaboration between projects to maximise ecological benefits and ensure no duplication of effort.

Key Points - Members:

· Recognised the importance of ensuring both relevant iwi and hapū were included in EP development and implementation

· The value of volunteer organisations/contribution should be clearly identified in Council’s budgets and planning documents, and the rate at which volunteer contributions are calculated should be increased to at least the living wage.

Resolved

That the Regional Council:

1 Receives the report, Update on Whakatāne and Ōhope Sites Environmental Programme.

Leeder/Macmillan

CARRIED

8. Consideration of Items not on the Agenda

8.1

Governance Proposal for the Rotorua Future Development Strategy Joint Committee

Presented By: Namouta Poutasi - General Manager Strategy & Science.

Key Points:

· The draft Terms of Reference did not provide for alternate appointments

· The process of identifying potential candidates for the Independent Chair position had commenced.

Resolved

That the Regional Council:

1 Receives the report, Governance proposal for the Rotorua Future Development Strategy Joint Committee and accepts it as an Item not on the Agenda. Notes the reason why this item was not on the Agenda is that the first briefing on the proposed governance arrangements took place on 28 April 2023, and the reason why it cannot be delayed is to enable the project’s statutory timelines to be met.

2 Notes the proposed timeline for the Rotorua Future Development Strategy project and the use of the Special Consultative Procedure pursuant to the Local Government Act 2022.

3 Confirms the appointment of three BOPRC representatives, being Cr Lyall Thurston, Cr Te Taru White and Cr Jane Nees to the Rotorua Future Development Strategy Joint Committee.

4 Notes that the final Terms of Reference for the Rotorua Future Development Strategy Joint Committee will be confirmed at the first meeting of that committee.

Thompson/Winters

CARRIED

9. Public Excluded Section

Resolved

Resolution to exclude the public

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

Item No.	Subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Grounds under Section 48(1) for the passing of this resolution	When the item can be released into the public
9.1	Public Excluded Regional Council Minutes - 16 March 2023	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
9.3	Groundwater Monitoring Site Installation – Contract and Capital Funding Arrangements	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.
9.4	Transferring of Kaituna Jetty, Boatramp & Carpark to WBOPDC	Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information.	48(1)(a)(i) Section 7 (2)(b)(ii).	On the Chief Executive's approval.

Leeder/Thurston

CARRIED

10.40 am – The meeting adjourned and reconvened at 11.08 am in the Public Excluded section.

10. Closing Karakia

A karakia was provided by Cr Te Taru White.

11.22 am – the meeting closed.

Confirmed

Chairman Doug Leeder

Chairperson, Regional Council

Regional Council Minutes

25 May 2023

Regional Council

Open Minutes

Commencing: Thursday 25 May 2023, 09:30 am

Venue: Council Chambers, Regional House, 1 Elizabeth Street, Tauranga and via Zoom

Deputy Chairperson: Deputy Chairperson Jane Nees – Acting Chair for this meeting

Members: Cr Malcolm Campbell

Cr Toi Kai Rākau Iti – via Zoom

Cr Matemoana McDonald

Cr Kat Macmillan

Cr Ron Scott

Cr Ken Shirley

Cr Paula Thompson

Cr Lyall Thurston

Cr Andrew von Dadelszen

Cr Te Taru White

Cr Kevin Winters

In Attendance: Fiona McTavish – Chief Executive; Mat Taylor – General Manager Corporate; Namouta Poutasi – General Manager Strategy & Science; Chris Ingle – General Manager Integrated Catchments; Karen Aspey - Director; People & Leadership (via Zoom); Mark Le Comte – Principal Advisor Finance; Kumaren Perumal – Chief Financial Officer; ; Antoine Coffin – Manager Spatial Planning; Olive McVicker – Corporate Performance Team Lead; Karlo Keogh – Finance Support Team Lead; Mike Seabourne – Director; Public Transport and Oliver Haycock – Manager; Transport Planning (both via Zoom); Tone Nerdrum Smith – Committee Advisor

Rosalie Liddle Crawford and Anton Steel - Community Initiatives Fund Application - Taking Back Our Beach

Apologies: Chairman Doug Leeder (early departure) and Cr Stuart Crosby.

1. Chair’s Opening Statement

Deputy Chairperson Jane Nees 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: https://www.youtube.com/watch?v=dD5F2zLGm0g.

Minute Note: Cr Iti would attend via Zoom and that Cr Shirley had been delayed by traffic

2. Opening Karakia

A karakia was provided by Cr Te Taru White.

3. Apologies

Resolved

That the Regional Council:

1 Accepts the apology from Chairman Doug Leeder (early departure) and Cr Stuart Crosby for absence tendered at the meeting.

Winters/Scott

CARRIED

4. Declaration of Conflicts of Interest

Cr Jane Nees, Cr Kat Macmillan and Cr Andrew von Dadelszen advised of low-level connections to Item 8.7: Annual Plan 2023/24 Deliberations - Community Initiatives Fund Application - Taking Back Our Beach, however, did not consider the connections constituted a conflict of interest that would prevent their participation in the discussion and voting.

5. Reports

Decisions Required

5.1

Submissions on Fees and Charges Statement of Proposal and Deliberations

Presented by Kumaren Perumal – Chief Financial Officer and Mark Le Comte – Principal Advisor Finance.

Key Points:

· Provided an outline of the report and the submissions received, and noted that there had been no speaking requests

· Charging rates for staff time were set in alignment with the remuneration for the positions of the staff involved

· Responses to submitters would be individualised, in particular if a submission centred on responsibilities and services that did not sit with Regional Council

· The amount of submissions was lower than usual, possibly due to not being linked to a public consultation process. However, all consent holders had been directly approached by Council to raise awareness of the proposed 2023-24 fees and charges.

Key Points - Members:

· The communication and rationale applied to the proposed fees and charges needed to be customer centric, to minimise confusion and misunderstandings.

Resolved

That the Regional Council:

1 Receives the report, Submissions on Fees and Charges Statement of Proposal and Deliberations;

2 Directs staff to prepare the following for adoption:

(a) Specific changes to be prepared from Attachment 2 (refer page 15 of Agenda).

von Dadelszen/Campbell

CARRIED

9.40 am – Chairman Leeder withdrew from the meeting.

5.2

Strategic Direction Endorsement

Presented by Namouta Poutasi - General Manager Strategy & Science.

Key Points:

· Provided a brief outline of the report and invited questions

· The vision thriving together (updated to Bay of Plenty Thriving Together - mō te taiao, mō ngā tāngata) was long standing and had been confirmed throughout discussions at committee level

· Noted that translations from te reo Māori to English could be challenging as the ‘essence’ of a particular statement could potentially be lost.

9.55 am – Cr Shirley entered the meeting

Key Points - Members:

· Noted that the strategic directions were wide-reaching and comprehensive

· Te Ara Poutama (the heading for Community Outcome 5) was not necessarily understood by non-te reo Māori speakers and it would be appropriate to translate the heading in the English section

· A glossary or footnotes for certain te reo Māori words and expressions could be useful and valuable

· Agreed on a show of hands to not further translate the vision into te reo Māori

· Agreed on a show of hands to translate the te reo Māori heading for Community Outcome 5 to English as part of the English text.

Key Points - Staff:

· The Strategic Direction documents could also be translated into sign language and uploaded to Council’s website, in recognition of it being Aotearoa’s third official language

· Community Outcome 5 Te Ara Poutama heading to be translated to Pursuit of Excellence as part of the English text.

Resolved

That the Regional Council:

1 Receives the report, Strategic Direction Endorsement;

2 Endorses the strategic direction to be used as the foundation for the Regional Council’s Long Term Planning 2024-2034 process;

3 Delegates to the Risk and Assurance Committee the power to oversee the review process and provide technical advice to Council on the draft Financial Strategy and draft Funding and Financial Policies required by the Local Government Act (2002) sections 101A and 102 for Long Term Plan 2024-2034;

4 Delegates authority to Komiti Māori to workshop and provide direction on:

(a) options for remissions on Māori Land to support the occupation, development and utilisation of the land;

(b) the impact assessment on Māori Land that must be done as part of the funding needs analysis under Section 101(3)(a) of the Local Government Act 2002;

Macmillan/Thompson

CARRIED

5.3

Annual Plan 2023/24 Deliberations - Public Transport Reprioritisation

Presented by Mike Seabourne – Director, Public Transport, Oliver Haycock – Manager, Transport Planning (both via Zoom).

Key Points - Members:

· Recognised Council’s ongoing commitment to free fares for children to support families as well as encouraging behaviour change for future generations

· Noted that there was significant cost associated with providing free fares.

Key Points - Staff:

· Noted the additional funding towards public transport services announced by Central Government that significantly and positively impacted on Council’s proposed targeted rates. This matter would be further covered later in the agenda

· Council was working closely with Waka Kotahi on the complexities associated with incorporating the new funding in the current public transport service delivery

· The funding meant there was no longer a need to ‘reprioritise’ existing funding to deliver the services set out in resolution 2, rather confirming the funding allocation was sufficient

· Further discussions regarding the appetite to continue to offer free fares would be further discussed as part of the Long Term Plan 2024-2034.

Resolved

That the Regional Council:

1 Receives the report, Annual Plan 2023/24 Deliberations - Public Transport reprioritisation.

2 Confirms the funding for the following items as set out in this paper:

(a) Tauranga Bus Shelters;

(b) Public Transport - Consultancy Support;

3 Notes the increased Central Government subsidy for free public transport for children under 13 and half-price discounts for people under 25, to be applied in the Annual Plan 2023/24.

Thompson/Thurston

CARRIED

5.4

Annual Plan 2023/24 Deliberations - Service Improvement Proposal Reprioritisation

Presented by Namouta Poutasi - General Manager Strategy & Science and Antoine Coffin – Manager Spatial Planning.

Key Points:

· Recognised that the high levels of uncertainty within the current legislative reforms made planning more challenging

· SmartGrowth sat under the Spatial Planning umbrella, however the proposed reprioritisation focussed more on Eastern Bay and Rotorua, whereas SmartGrowth covered Tauranga and Western Bay of Plenty

· Transport – Rotorua Refresh was already included in the budget based on previous direction provided Councillors, which meant additional reprioritisation was not required at today’s meeting

· The SmartGrowth Strategy guided the distribution of funding to a number of activities across the Bay of Plenty region.

Key Points - Members:

· Spatial planning could not be undertaken unless all forms of transport were considered, meaning funding, in particular for the public transport activity, needed to be allocated

· Recognised the critical importance of the Service Improvement Proposals (SIPs) and the need for adequate funding to be allocated to ensure successful delivery.

10.17 am – Cr Iti entered the meeting (via Zoom).

Resolved

That the Regional Council:

1 Receives the report, Annual Plan 2023/24 Deliberations - Service Improvement Proposal Reprioritisation;

2 Confirms the reprioritisation of funding for the following items, as set out in this paper:

(a) Spatial Planning – He tirohanga hononga, He ara mu;

(b) Catchments – Coast Care Baseline and Priority Biodiversity funding;

White/Macmillan

CARRIED

10.25 am – The meeting adjourned and Cr Iti withdrew from the meeting (via Zoom).

10.45 am – The meeting reconvened.

5.5

Annual Plan 2023/24 Deliberations: Financial Overview and Implications

Presentation - Annual Plan Financial Deliberations - 25 May 2023: Objective ID A4386407

Presented by Kumaren Perumal – Chief Financial Officer, Karlo Keogh – Finance Support Team Lead, Angela Foster – Communications & Engagements Manager (via Zoom).

11.00 am – Cr Iti entered the meeting (via Zoom).

Key Points:

· As noted, the Central Government funding contribution of $2m towards free fares for children under 13 and half-price discounts for people under 25 would positively impact on Council’s projected public transport targeted rates

· Applying the Central Government funding to the Annual Plan 2023/24 would result in a revised Tauranga Public Transport real targeted rates increase of 4.9% which would translate to an increase of $26.92 per rating unit. It would further result in a total real rates revenue increase for 2023/24 of 4% comprising of:

o a total general rates increase of 5%; and

o total targeted rates increase of 3%.

· There was currently no known caveats associated with the new public transport funding, i.e. applying the funds ‘retrospectively’ to reduce existing deficits did not appear to be prohibited

· Provided an outline of the planned Annual Plan and Strategic Directions communication to the community, utilising a variety of media and channels.

Resolved

That the Regional Council:

1 Receives the report, Annual Plan 2023/24 Deliberations: Financial Overview and Implications;

2 Includes the proposed targeted rates for the Minor Rivers and Drainage Schemes in the draft Annual Plan 2023/24 budget for adoption on 29 June 2023;

3 Notes the implication of the recent Public Transport budget announcement by Central Government and its impact on the targeted rate and real rate increase.

Thompson/Thurston

CARRIED

5.6

Annual Plan 2023/24 Deliberations - Mayoral Forum Independent Secretariat

Presented by Fiona McTavish – Chief Executive.

Key Points - Members:

· Queried if the required support/services could not be jointly provided by the Bay of Plenty territorial authorities.

Key Points – Chief Executive:

· The Mayors and Chairs in the Bay of Plenty region were focussed on working in a more collaborative and effective manner, in particular with regards to Three Waters and Climate Change

· The funding for an independent secretariat was dependent on reallocation by non-required SmartGrowth budget and contribution from the other Territorial Authorities

· The proposed model was based on what had been implemented by Environment Canterbury, which had proven effective

· The independent secretariat was intended to assist the Bay of Plenty region in navigating through the current reforms, rather than provide administrative support, which was currently provided by BOPRC.

Resolved

That the Regional Council:

1 Receives the report, Annual Plan 2023/24 Deliberations - Mayoral Forum Independent Secretariat.

Winters/Campbell

CARRIED

5.7

Annual Plan 2023/24 Deliberations - Community Initiatives Fund Application - Taking Back Our Beach

Presented by Olive McVicker – Corporate Performance Team Lead.

The documentary film makers/funding applicants Rosalie Liddle Crawford and Anton Steel attended the meeting for this item.

Documentary website and trailer: Taking Back Our Beach - Documentary Edge (docedge.nz)

Key Points - Members:

· Queried who would be the ‘owners’ of the film, i.e. if a funder, would Council be able to use the film for educational purposes

· Recognised the need for a Memorandum of Understanding, as identified in the report, if funding was granted

· Emphasised the value and importance of documenting the RENA disaster and the subsequent learnings from an ecological and disaster management perspective.

In Response to Questions - Rosalie Liddle Crawford and Anton Steel:

· A trust was being established for ownership of the documentary with the intent for the film to eventually becoming a community service, i.e. being used for education and information purposes

· Were actively pursuing further funding opportunities

· Clarified the background for the film, being the tenth anniversary of the RENA grounding.

Resolved

That the Regional Council:

1 Receives the report, Annual Plan 2023/24 Deliberations - Community Initiatives Fund application - Taking Back Our Beach;

2 Direct staff to allocate funding to the Rena Film Documentary - Taking Back Our Beach of:

(a) $50,000 in 2023/24, to be funded via the existing Community Initiatives Fund budget on the written condition that footage can be made available for use by Bay of Plenty Regional Council and other public bodies.

Winters/Thompson

CARRIED

Information Only

5.8

Financial and Non-Financial Performance Report - Arotake: Nine Months to 31 March 2023

Presented by Kumaren Perumal – Chief Financial Officer, Mark Le Comte – Principal Advisor Finance, Olive McVicker – Corporate Performance Team Lead.

Key Points - Staff:

· Noted the small spike in Covid related illness which had impacted on Health & Safety reporting.

Resolved

That the Regional Council:

2 Receives the report, Financial and Non-Financial Performance Report - Arotake: Nine Months to 31 March 2023;

3 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 attachment:

(a) Bancorp Report March 2023 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.

Winters/Scott

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
8.8	Financial and Non-Financial Performance Report - Arotake: Nine months to 31 March 2023 - Attachment 2 - Bancorp Report March 2023 - 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.

Macmillan/Thurston

CARRIED

7. Closing Karakia

A karakia was provided by Cr Te Taru White.

11.55 am – the meeting closed.

Confirmed

Cr Jane Nees

Deputy Chairperson, Regional Council

Extraordinary Regional Council Minutes

9 June 2023

Extraordinary Regional Council

Open Minutes

Commencing: Friday 9 June 2023, 2.00 pm

Venue: Council Chambers, Regional House, 1 Elizabeth Street, Tauranga and via Zoom

Chairperson: Chairman Doug Leeder

Deputy Chairperson: Deputy Chairperson Jane Nees

Members: Cr Malcolm Campbell

Cr Stuart Crosby

Cr Matemoana McDonald – via Zoom

Cr Kat Macmillan

Cr Ken Shirley

Cr Paula Thompson

Cr Lyall Thurston

Cr Andrew von Dadelszen

Cr Te Taru White – via Zoom

Cr Kevin Winters

In Attendance: Mat Taylor – General Manager Corporate, Mike Seabourne -Director Public Transport, Tone Nerdrum Smith – Committee Advisor

Apologies: Cr Malcolm Campbell, Cr Toi Kai Rākau It, Cr Ron Scott

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 YouTube channel following the meeting. https://www.youtube.com/watch?v=QaXAEo_Zrcw

1. Opening Karakia

A karakia was provided by Cr Lyall Thurston.

2. Apologies

Resolved

That the Regional Council:

1 Accepts the apologies from Cr Ron Scott, Cr Malcolm Campbell and Cr Toi Kai Rākau Iti for absence tendered at the meeting.

Leeder/Crosby

CARRIED

3. Declaration of Conflicts of Interest

None declared.

4. Reports

Decisions Required

4.1

Public Transport - Implementation of Government Fare Announcement

Presented by: Mike Seabourne – Director Public Transport and Mat Taylor – General Manager Corporate.

Key Points:

· Staff had recommended Option 1 as it aligned with Council’s existing systems and policies, providing simplicity and consistency from an operational perspective

· Bus driver/provider support was essential as age verification – ideally through Beecards - would be required for free fares

· Beecard was currently being used by 70% of patrons and efforts were underway to increase this as it would be used for age verification as well as cashless travel

· The intent of increasing Beecard use was also to reduce the use of cash which was an important safety consideration

· Both Options 1 and 2 could be made operative within the required timeframe

· Council was currently subsidised by Waka Kotahi for tertiary transport, which would continue as a free service on a trial basis.

Key Points - Members:

· Indicated a foreshadowing of support of Option 2 with the reason being concerns regarding the reduction in Council’s current levels of service if choosing Option 1

· Recognised the significant cost of any public transport system

· Concerned regarding the proposed change which altered a direction that had been implemented following significant public consultation

· Transition to cashless travel should be extensively communicated, with implementation gradually happening over a period of time to ensure patrons were well informed.

Resolved

That the Regional Council:

1 Receives the report, Public Transport - Implementation of Government Fare Announcement.

2 Directs staff to implement the changes by 1 July 2023 (as outlined in the report) as follows:

(a) Approve Option 1: To align with the government fares announcement as the preferred option; and

(b) Confirms the new fare’s structure applies from 1 July 2023 to Beecard holders.

3 Confirms that the options discussed in this report do not rise to the level of significance under Councils Significance and Engagement Policy that would require additional consultation.

Von Dadelszen/Shirley

The motion was LOST on a show of hands

Resolved

That the Regional Council:

1 Receives the report, Public Transport - Implementation of Government Fare Announcement.

2 Directs staff to implement the following changes by 1 July 2023 (as outlined in the report):

(a) Approves Option 2: To retain free fares for 13 to 18 year olds and the tertiary service trial; and

(b) Confirms the new fares structure transitions to Beecard holders with operators incentivising the use of Beecards.

3 Confirms that the options discussed in this report do not rise to the level of significance under Councils Significance and Engagement Policy that would require additional consultation.

Nees/Thompson

Division

A division was called:

For

Cr Macmillan

Cr McDonald

Cr Nees

Cr Thompson

Cr Thurston

Cr White

Cr Winters

Against

Cr Crosby

Chairman Leeder

Cr Shirley

Cr von Dadelszen

Absent due to apology: Cr Campbell, Cr Iti and Cr Scott.

The motion was carried

2.38 pm – the meeting closed.

Confirmed

Chairman Doug Leeder

Chairperson, Regional Council



Report To:	Regional Council
Meeting Date:	29 June 2023
Report Authoriser:	Doug Leeder

Chairperson's Report

Executive Summary

Since the preparation of the previous Chairperson’s Report for the Council meeting on 4 May 2023, 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
27 April	Pukehina Drinking Water (Groundswater Wells) Survey Meeting – Pongakawa	GNS Science have been measuring drinking water quality in six farmer’s wells in the Pukehina area for the last two years. The meeting covered the general issue of rural drinking water, well locations, well depths and supply protection as well as the results of GNS’s survey of groundwater quality. Also discussed was the future of Pukehina’s drinking water survey and governmental drinking water standards.
27 April	Quayside Board and Port of Tauranga Board Dinner – Tauranga	Attended.
28 April	Port of Tauranga Meetings – Mount Maunganui	Attended.
3 May	Meeting with Bay Trust and Rotorua Trust – Tauranga	Discussed learnings and future opportunities from the Toitū Te Whenua Film, an environmental documentation of the Bay of Plenty and Lakes District. Deputy Chair Jane Nees and Chief Executive Fiona McTavish were also in attendance.
8 May	Catch-up meeting with Ōpōtiki District Council Mayor David Moore and Chief Executive Stace Lewer – Ōpōtiki	Chief Executive Fiona McTavish also in attendance.
10 May	Forest and Bird presentation on ‘making room for rivers’ – Whakatāne	The Forest and Bird presentation was on managing our environment for flooding and disaster risk. Specifically, the impact of flood protection engineering on our rivers and communities, and the approach we should be taking instead. This was followed by a Q&A session, which I participated in as a Q&A panel member.
17 May	Invited to attend event to hear Meng Foon, Race Relations Commissioner speak about racism and his role to promote harmony in our communities – Whakatāne	Attended.
17 May	Workshop with Whakatāne District Council - Whakatane	Discussed Future Proof, floodwalls planning and engagement.
19 May	Waiōtahe Freshwater Management Unit Story Community Event - Waiōtahe	Attended.
24 May	Wai-kōkopu hosted a Lighthouse Farm meeting at Rowe Farm – Pongakawa	Lighthouse farms is a Wai-Kōkopu workstream that involves the delivery of 15 pilot lighthouse farm plans from leading farmers in the catchment.
25 May	Meeting with Robyn Meehan, Director Māori Agribusiness, Ministry for Primary Industries – Wellington	Attended.
25 May	Freshwater lessons learnt and recommendations for the future workshop – Wellington	The purpose of this workshop was to learn lessons from our collective experience of how freshwater reforms landed, which can inform future working relationships with central government.
26 May	Port of Tauranga Ltd meetings – Mount Maunganui	Attended.
7 June	Mayoral Forum Public Excluded Workshop – Tauranga	Attended.
8 June	Bay of Plenty Agricultural Advisory Committee meeting – Te Puke	Attended.
12 June	Ngāti Pikiao and BOPRC Hui – Rotoiti	An initial meeting with Ngāti Pikiao following their initiation of te Mana Whakahono a Rohe Agreement with BOPRC. Deputy Chair Jane Nees and Chief Executive Fiona McTavish also in attendance.
	Meeting with Tauranga City Council (TCC) Commissioner Chair Anne Tolley, Western Bay of Plenty District Council (WBOPDC) Mayor James Denyer, and representatives from Kainga Ora and Waka Kotahi – Tauranga	Information sharing and discussion of projects in Tauranga.
13 June	Regular meeting with TCC Commission Chair Anne Tolley, and WBOPDC Mayor James Denyer – Tauranga	Attended.
19 June	Local Government New Zealand Presidential Candidate Zoom Debate – Videoconference	LGNZ Presidential candidate debate, and statements from Vice-President candidates.
20 June	House of Science 10year Anniversary Celebration – Mount Maunganui	Attended.



Report To:	Regional Council
Meeting Date:	29 June 2023
Report Writer:	Olive McVicker, Corporate Performance Team Lead; Mark Le Comte, Principal Advisor, Finance; Kumaren Perumal, Chief Financial Officer and Karlo Keogh, Finance Support Team Lead
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	To seek Council adoption of the Annual Plan 2023/24 and set the Fees and Charges.

Adoption of the Annual Plan 2023/24

Executive Summary

This report seeks Council adoption of the Annual Plan 2023/24 under section 95 (1) of the Local Government Action 2002 and sets the Fees and Charges with effect from 1 July 2023.

At the meeting on 25 May 2023, Council deliberated on the draft Annual Plan 2023/24 (AP 2023/24) and the draft Fees and Charges Statement of Proposal. This followed a process including two workshops in December 2022 and February 2023. Consultation on the Fees and Charges took place in April – May 2023. Council resolved not to consult on the AP 2023/24 as the changes were not considered significant or there were no material departures from the LTP 2021 – 2031.

The proposed AP 2023/24 budget and Fees and Charges Policy has been updated to incorporate Council direction from the deliberations meeting.

Council’s draft AP 2023/24 identifies operating expenditure of $185 million and capital expenditure of $30 million. A real general rates increase of 5.0% plus inflation and growth of 7.95% (an average of $39 per household) is planned for 2023/24, and the average real targeted rates increase is 2.5% (excluding inflation and growth).

In this budget, operating expenditure exceeds operating revenue, and the funding shortfall has been met by drawing down on reserves. This is consistent with the approach confirmed by Council’s Financial Strategy through the Long Term Plan 2021 – 2031. Council has now completed the process of developing the AP 2023/24. The statutory deadline to adopt the AP 2023/24 is on or before 30 June 2023.

The recommended AP 2023/24 will be circulated under separate cover and the Fees and Charges Policy 2023/24 is attached to this report.

Recommendations

That the Regional Council:

1 Receives the report, Adoption of the Annual Plan 2023/24.

2 Notes that Council did not consult on the Annual Plan 2023/24 as the changes were not considered to be significant or there were no material departures from the LTP 2021 – 2031.

3 Adopts the Fees and Charges Policy 2023/24 (Attachment 1).

4 Resolves that it is financially prudent for the Annual Plan 2023/24 to have an unbalanced budget (operating revenue is at a lower level than operating expenditure), pursuant to s100(2) of the Local Government Act 2022.

5 Adopts the Annual Plan 2023/24 (Circulated under separate cover) to come into effect 1 July 2023.

6 Delegates to the Chief Executive the ability to make minor editorial changes to the Annual Plan 2023/24 and related policies before publication.

1. Introduction

The AP 2023/24 presents the budget for year three of the Long Term Plan 2021 – 2031 (LTP), which has been updated to include any changes from what was identified in the LTP.

The AP 2023/24, as with the LTP, has been developed in the context of a changing operating environment. Central Government direction on the roles and responsibilities of local government continues to evolve. Alongside this there have been significant increases in interest rates and inflation which have increased Council’s costs considerably.

Council has completed the process of developing the AP 2023/24. The adoption date for the AP 2023/24 is set to meet the statutory deadline being on or before 30 June 2023.

1.1 Legislative Framework

Council is required to have an Annual Plan under section 95 of the Local Government Act 2002.

1.2 Alignment with Strategic Framework

A Healthy Environment
Freshwater for Life
Safe and Resilient Communities
A Vibrant Region
The Way We Work

Adoption of the AP 2023/24 contributes to the delivery of all elements of the Strategic Framework.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

Adoption of the AP 2023/24 contributes to all the Community Well-beings.

2. Development of the Annual Plan 2023/24

Council commenced development of the AP 2023/24 in late 2022. Council workshops were held in December 2022 and February 2023. At a Council meeting in March, Council:

· adopted the draft Statement of Proposal for Fees and Charges 2023/24, and

· made the decision not to consult on the draft AP 2023/24 as the changes were not considered significant and there were no material departures from the LTP.

Council held its deliberations on the Annual Plan and the related policies at its meeting on 25 May 2023, where it provided final direction to staff.

2.1 Fees and Charges Policy

At the meeting held on 16 March 2023 Council adopted the Statement of Proposal for Fees and Charges. Consultation was conducted under the Local Government Act section 82 Principles of Consultation. A period of consultation was opened for the period 11 April 2023 to 11 May 2023.

Council received four written submissions on the proposal. Hearings were not required as no submitter wished to present to Council.

As directed at deliberations on 25 May the increases for fees and charges were changed from 8.1% in the consultation version of the Fees and Charges Policy to 7.7% in the final draft Fees and Charges Policy recommended for adoption (Attachment 1).

2.2 Mayoral Forum Independent Secretariat

Since the Annual Plan deliberations, all Bay of Plenty council CEOs have now agreed in principle to support an independent Mayoral Forum secretariat once the work programme for this forum is confirmed. It is expected that the work programme will be considered and endorsed at the next Mayoral Forum, for approval by each council with an associated funding request before 31 December 2023.

Staff will provide a paper to Council at the appropriate time, including potential funding options.

3. Annual Plan 2023/24 Budget and Rates

The AP 2023/24 sets out:

· Operating expenditure of $185 million, compared to $164 million in year three of the LTP.

· Capital expenditure of $30 million, compared to $17 million in year three of the LTP

· A real* general rates increase of 5.0%, compared to a 3.0% increase set out in year three of the LTP.

· A real* targeted rates increase of 2.5%, compared to 1.0% set out in year three of the LTP 2021-2031. The cost per household varies depending on the area and the services provided.

· A real* total rates increase of 3.7%, compared to a 2.0% increase set out in year three of the LTP.

*In addition to the real rates of increase, an increase of 7.95 % for inflation and growth.

3.1 Unbalanced budget

The proposed AP 2023/24 has an unbalanced budget (operating revenue is expected to be less than operating expenditure). This is consistent with financial decisions taken through the development of the LTP 2021-2031 which resulted in an unbalanced budget in years one, two, and three of that plan.

The AP 2023/24 budget proposes an operating deficit for 2023/24 of $7 million. The reasons for the forecast budget deficits include funding contributions to third party infrastructure projects from reserves, the use of targeted rates reserves to fund specific operating expenditures that will deliver lasting benefits. The use of reserves reduces the impact of general rates increases in these difficult economic times.

This approach is consistent with the intent of the Financial Strategy set out in Council’s LTP and is considered financially prudent.

Council is required to formally resolve to set an unbalanced budget under Local Government Act section 100(2).

4. Considerations

4.1 Risks and Mitigations

Council is required to adopt the AP 2023/24 by 30 June 2023. If Council does not adopt the AP 2023/24 today, it is probable that it will be in breach of statutory requirements.

4.2 Climate Change

The implications for climate change were considered through the development of the LTP which was adopted in June 2021, and through the development of this AP2023/24, which updates year three of the LTP.

4.3 Implications for Māori

Implications for Māori were considered through the development of the LTP that was adopted in June 2021 and through the development of this AP 2023/24 which updates year three of the LTP. The consultation on the Statement of Proposal for Fees and Charges also provided the opportunity for Māori to submit on the proposal.

4.4 Community Engagement

Costs in the AP 2023/24 are higher than expected in the LTP due to higher inflation and interest rates. However, the work programme is consistent with year three of the LTP, and the budgeted variances are within the thresholds identified in the Council’s Significance and Engagement Policy.

As a result, section 95(2A) of the Local Government Act 2002 applies, which means Council is not required to formally consult.

Alongside the AP 2023/24 Council consulted on the Statement of Proposal for Fees and Charges 2023/24. Further detail is provided in section 2.1 of this report.

4.5 Financial Implications

Financial implications are discussed earlier in this report and full financial detail is included in the attached AP 2023/24 for adoption.

5. Next Steps

Following adoption of the AP 2023/24 and the Fees and Charges Policy 2023/24, staff will make any required minor editorial amendments. The AP 2023/24 and Fees and Charges Policy 2023/24 will be made publicly available on the Bay of Plenty Regional Council website in early July 2023.

Attachments

Attachment 1 - 2023/24 Fees and Charges Policy for Adoption ⇩



Report To:	Regional Council
Meeting Date:	29 June 2023
Report Writer:	Lucy Holden, Senior Planner
Report Authoriser:	Namouta Poutasi, General Manager, Strategy & Science
Purpose:	To seek Council approval to make Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement operative.

Making Proposed Change 5 (Kaituna River) to the Regional Policy Statement operative

Executive Summary

Council approval is sought to make Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement operative under the Resource Management Act 1991.

Proposed Change 5 fulfils Council’s responsibilities under the Tapuika Claims Settlement Act 2014, which requires the Regional Policy Statement to recognise and provide for the vision, objective, and desired outcomes in Kaituna, He Taonga Tuku Iho (the Kaituna River Document).

As no appeals were lodged on the Council’s decision to accept the recommendations of the Freshwater Hearings Panel, the Council is able to approve Proposed Change 5 under clause 17 of Schedule 1 of the RMA.

Recommendations

That the Regional Council:

1 Receives the report, Making Proposed Change 5 (Kaituna River) to the Regional Policy Statement operative;

2 Approves Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement under clause 17 of Schedule 1 to the Resource Management Act 1991, and the affixing of the seal of the Bay of Plenty Regional Council to the approved Change.

1. Introduction

The purpose of this report is to seek Council’s final consideration and approval of Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement (Proposed Change 5) so that it can be made operative. The Council must approve a proposed policy statement or plan (including changes) under clause 17 of Schedule 1 of the Resource Management Act 1991 (RMA) (s34A(1)(a) RMA), before it can be made operative under clause 20 of Schedule 1 RMA.

Proposed Change 5 relates to the maintenance or enhancement of the quality and quantity of freshwater. The change is focussed on the health and wellbeing of the Kaituna catchment and the interconnection between the river and tāngata whenua.

Regional Council made the decision to accept the recommendations of the Freshwater Hearings Panel on Proposed Change 5 on 4 May 2023. Regional Council publicly notified the decision on 11 May 2023. The appeal period has now closed, and no appeals have been lodged.

All necessary minor corrections and formatting amendments have been made and the final version of Proposed Change 5 (Supporting Document 1) is now ready to be approved and made operative.

The Council is now able to approve all of Proposed Change 5 under clause 17 of Schedule 1 of the RMA, following which an operative date can be set and publicly notified. The Council has delegated the power to set the operative date to the General Manager Strategy and Science, and this date is likely to be within the next two months.

1.1 Legislative Framework

Proposed Change 5 is based on a requirement of the Tapuika Claims Settlement Act 2014 (section 123), which requires the Regional Policy Statement to recognise and provide for the vision, objective, and desired outcomes in the Kaituna River Document where they relate to the region’s resource management issues and are consistent with the purpose of the RMA.

The RMA (sections 61-62) provides direction on the matters Regional Council must consider when changing a regional policy statement.

Proposed Change 5 was the first in New Zealand to follow the RMA Freshwater Planning Process. This process applies because the change relates to freshwater. The Freshwater Planning Process provisions are in Section 80A and Part 4 of Schedule 1 to the RMA. The process is overseen by the Chief Freshwater Commissioner.

Council accepted the recommendations of the Freshwater Hearings Panel and accordingly appeals were limited to the High Court on questions of law. No High Court appeals were lodged within the required timeframes, meaning Proposed Change 5 can now be approved by Council under clause 17 of Schedule 1 of the RMA, and made operative under clause 20 of Schedule 1 of the RMA.

No further substantive changes can be made to Proposed Change 5 at this stage. Approval is a formal step that Council is required to take to make the Change operative.

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.
The Way We Work	We honour our obligations to Māori.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

þ Cultural

High - Positive

þ Social

Low - Positive

¨ Economic

Environmental impacts

Proposed Change 5 will support a wider programme including Te Tini a Tuna (the Kaituna Action Plan) and implementation in regional and district plans to manage ongoing environmental effects into the future. The most significant effects will be in relation to improving water quality, sustainable allocation and efficient use of water, and the restoration, protection and enhancement of indigenous aquatic, riparian and wetland vegetation and habitats.

Cultural impacts

Proposed Change 5 is required to recognise and provide for the vision, objectives and desired outcomes of a Treaty Settlement co-governance document and is therefore of high significance to iwi and hapū in the Kaituna River catchment. Tapuika iwi, whose Treaty settlement includes obligations to undertake this Regional Policy Statement change, established Te Maru o Kaituna River Authority co-governance entity and developed the Kaituna River document. Provisions in Proposed Change 5 acknowledge traditional and contemporary relationships that iwi and hapū in this catchment have with the Kaituna River, including sites and resources of cultural significance, taonga, natural resources and the exercise of kaitiakitanga.

Social impacts

Proposed Change 5 largely relates to recognising and providing for kaitiakitanga, stewardship, restoration of water quality and mauri, sustainable water and land use and the restoration, protection and enhancement of wetlands, aquatic and riparian ecosystems. This will have benefits for the whole community.

2. Approving Proposed Change 5 (Kaituna River) to the Regional Policy Statement

2.1 Background

2.1.1 Proposed Change 5 key dates

Proposed Change 5 was publicly notified on 29 June 2021. Fifteen submissions were received. One was late and was accepted (under sections 37 and 37A of the RMA). Further submissions closed on 9 November 2021, with eight received. Further information and all documents related to Proposed Change 5 are on the Regional Council’s website:

Proposed Change 5 (Kaituna River) (boprc.govt.nz)

Key dates:

29 June 2021 Notification of Proposed Change 5

10 August 2021 Submissions closed

9 November 2021 Further submissions closed

30 August 2022 Overview Report of Submissions released

11 October 2022 Hearing held

11 November 2022 Hearing closed

4 May 2023 Regional Council decision to accept recommendations of Freshwater Hearings Panel on Proposed Change 5

11 May 2023 Council’s decision publicly notified

No appeals were lodged.

2.1.2 Approving Proposed Change 5

Council has the authority to approve the Regional Policy Statement. Following the Council approving Proposed Change 5, it can be made operative.

Council must publicly notify the date on which the approved change becomes operative at least five working days before that date (under clause 20(2) of Schedule 1 to the RMA). The delegation to set the operative date sits with the General Manager Strategy and Science. This date is expected to be set within the next two months.

3. Considerations

3.1 Risks and Mitigations

Significant investment and work have already been funded and undertaken, or committed to, by Regional Council and Te Maru o Kaituna River Authority to implement the actions in Te Tini a Tuna (the Kaituna Action Plan). This plan is intended to deliver on the vision, objectives, and desired outcomes of the Kaituna River Document over ten years (2019 to 2029). When combined, this work has reduced the level of uncertainty and risk associated with Proposed Change 5. The added benefit of Proposed Change 5 is to embed the Kaituna River Document vision, objective, and desired outcomes into the Regional Policy Statement, which will in turn influence regional and district plan changes and provide more clarity for assessment of resource consents affecting the Kaituna River.

3.2 Climate Change

The Kaituna River Document identifies pressure on the Kaituna River, from land use intensification, urban growth, and climate change, as a key issue facing the catchment that Proposed Change 5 seeks to respond to. Proposed Change 5 will support environmental improvement, including Te Tini a Tuna (the Kaituna Action Plan) and implementation in regional and district plans. The key environmental benefits will be water quality improvement, sustainable allocation and efficient use of water, and the restoration, protection and enhancement of indigenous aquatic, riparian and wetland vegetation, and habitats. These environmental improvements contribute to climate change mitigation and adaptation.

3.3 Implications for Māori

Proposed Change 5 is highly significant to tangata whenua in the Kaituna River catchment, given the origin and subject matter of the Kaituna River Document. Proposed Change 5 was drafted to meet the requirements and obligations of the Tapuika Claims Settlement Act 2014. For iwi, hapū and whānau of the Kaituna River catchment, the river and its tributaries are taonga, valued for their clean water, healthy ecosystems, unique landscape, and natural beauty as well as recreational and cultural values. Restoring, protecting, and enhancing the health and well-being of the Kaituna River was a matter of fundamental concern to Tapuika iwi in the negotiation of their Treaty Settlement.

Proposed Change 5 refines the policy framework and articulates how the matters are to be addressed within the Kaituna River catchment. District and regional plans will need to give effect to, and resource consents decision making processes will need to have regard to, the resulting Regional Policy Statement policy framework.

3.4 Community Engagement

INVOLVE

Whakaura

To work directly with affected communities throughout the process to ensure that their issues and concerns are consistently understood and fully considered in Council’s decision making.

3.5 Financial Implications

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

4. Next Steps

Regional Council has already made the decision to accept the recommendations of the Freshwater Hearings Panel on Proposed Change 5. Now that staff have confirmed that no appeals have been lodged, Council is able to approve Proposed Change 5 under clause 17 of Schedule 1 of the RMA and confirm that the seal can be affixed. The remainder of the actions to make Proposed Change 5 operative sit with staff. No further action from the Council is required.

Attachments

Supporting Document 1 - Proposed Change 5 (Kaituna River) to the RPS pre-operative version 10 ⇩



Report To:	Regional Council
Meeting Date:	29 June 2023
Report Writer:	Steve Groom, Governance Manager
Report Authoriser:	Fiona McTavish, Chief Executive
Purpose:	Adopt an updated Elected Members Code of Conduct

Code of Conduct for Council

Executive Summary

Council is required to have a Code of Conduct under the Local Government Act. 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, Code of Conduct for Council;

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 well-beings.

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 the way in which Council will work with Māori, noting that the proposed Bay of Plenty Regional Council Toi Moana Code of Conduct attached has been amended from the LGNZ template in this regard

· 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 addresses the way in which the Council and Councillors will have regard to Māori in the course of their work, recognising a commitment to the organisational values of Toi Moana and the desire to continue to evolve alongside the principals of Treaty/Te Tiriti o Waitangi.

Note that the previous Code of Conduct (for the period 2019-2022) did not include any specific reference to working with Māori but the LGNZ Best Practice Guidelines propose such a section.

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.

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:	29 June 2023
Report Writer:	Steve Groom, Governance Manager
Report Authoriser:	Karen Aspey, General Manager, People & Leadership
Purpose:	Provide guidance to BOPRC delegates on LGNZ AGM Remits

2023 LGNZ AGM Remits for consideration

Executive Summary

Council is asked to consider its position on eight of 11 remits to the LGNZ’s AGM, to be held on 26 July 2023, in order to provide guidance to its voting delegates at the AGM. Staff have provided commentary and recommendations on the eight remits relevant to a regional council, and where relevant some comments on the remaining three remits.

Recommendations

That the Regional Council:

1 Receives the report, 2023 LGNZ AGM Remits for consideration;

2 Adopts the staff recommendations on Remits 2, 3, 4, 5, 7, 8, 10 and 11 identified in the attachment to this report, as the Regional Council’s position to provide guidance for Council’s voting delegates at the LGNZ AGM.

1. Introduction

1.1 LGNZ AGM and Regional Council Delegates

The LGNZ Annual General Meeting (AGM) has been confirmed for 26 July 2023.
Bay of Plenty Regional Council/Toi Moana is entitled to five votes at the 2023 AGM. The voting entitlement of each member authority is determined by that authority’s subscription levels.

The Chairman is the Regional Council/Toi Moana’s presiding delegate for the purpose of voting at the LGNZ AGM with the Deputy Chairperson the substitute voting delegate in the event the Chairman is not able to be present.

1.2 LGNZ Remit Process

Eleven remits have been received for consideration at the LGNZ AGM on 26 July 2023 (Attachment 1). Staff have provided commentary and a recommended position on those that fall within a regional council’s jurisdiction as outlined in Attachment 2. Staff have also provided comments, where relevant on remits outside of the jurisdiction of a regional council, where there are relevant points to note.

1.3 Alignment with Strategic Framework

A Vibrant Region	We work with and connect the right people to create a prosperous region and economy.
The Way We Work	We continually seek opportunities to innovate and improve.

1.3.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

2. Considerations

2.1 Risks and Mitigations

Refer to comments in the attachment.

2.2 Climate Change

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

2.3 Implications for Māori

The matters raised in this report are of a procedural nature. Refer to the comments in the attached documentation for further information.

2.4 Community Engagement

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

2.5 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.

Please refer to the relevant comments in the attachment to the report.

3. Next Steps

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

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

Council’s recommendations on the eight relevant remits will be provided to the presiding delegate for reference when voting at the LGNZ AGM on 26 July 2023.

Attachments

Attachment 1 - 2023 AGM Remits and Advice for Council ⇩

Attachment 2 - Remits 2023 AGM ⇩



Report To:	Regional Council
Meeting Date:	29 June 2023
Report Writer:	Antoine Coffin, Manager, Spatial Planning
Report Authoriser:	Namouta Poutasi, General Manager, Strategy & Science
Purpose:	To approve the refreshed SmartGrowth arrangements as per the SmartGrowth Leadership Group resolutions from the meeting of 5 April 2023.

SmartGrowth Leadership Group Agreement and Terms of Reference

Executive Summary

A decision is required by regional council to approve amendments to the SmartGrowth Leadership Group Agreement and Terms of Reference.

· The changes have been accepted by the SmartGrowth Leadership Group at their 5 April 2023 meeting.

· Other partners will be considering these changes in June 2023.

· The changes clarify membership and strengthen roles in light of resource management reforms.

Recommendations

That the Regional Council:

1 Receives the report, SmartGrowth Leadership Group Agreement and Terms of Reference.

2 Approves the SmartGrowth Leadership Group (Joint Committee) Agreement 2023 and SmartGrowth Leadership Group Committee Terms of Reference (attachment 1)

1. Introduction

The SmartGrowth Strategy is strategic vision and direction for the growth and development of the western Bay of Plenty sub-region. The 2023 strategy will include the requirements for a Future Development Strategy under the National Policy Statement on Urban Development.

The Bay of Plenty Regional Council has been a partner since its inception in 2001. The SmartGrowth Leadership Group for which the regional council has representatives is the governance group for the Strategy.

The purpose of this paper is to provide the amended SmartGrowth Leadership Group (Joint Committee) Agreement 2023 and the SmartGrowth Leadership Group Committee Terms of Reference.

These documents have been accepted by the SmartGrowth Leadership Group at its 5 April 2023 meeting. Approval is now being sought from Bay of Plenty Regional Council as one of the partners to SmartGrowth.

2. Strategic Framework

2.1 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 communities and others to consider long term views of natural hazard risks through our regional plans and policies.
A Vibrant Region	We contribute to delivering integrated planning and growth management strategies especially for sustainable urban management.
The Way We Work	We look to partnerships for best outcomes.

The SmartGrowth Strategy and the SmartGrowth Leadership group is an important component of the strategic framework for thriving communities in the western Bay of Plenty sub-region.

2.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

¨ Cultural

Medium - Positive

¨ Social

Medium - Positive

¨ Economic

Low - Positive

The governance of the SmartGrowth Strategy is a key method for collaborative partnerships to achieve a positive impact on the four community well-beings and aligning the work of the regional council with other partners in the western Bay of Plenty.

3. Background

3.1 Previous resolutions of SmartGrowth Leadership Group

The SmartGrowth Leadership Group at the 5 April 2023 meeting considered a SmartGrowth Governance Refresh Proposal and the following resolutions were passed:

That the SmartGrowth Leadership Group:

a) Resolved to proceed with the Refresh.

b) Resolved to accept the draft SmartGrowth Leadership Group Agreement and associated Terms of Reference contained in Appendix Two of the report dated 5 April 2023 and clarifying the Terms of Reference that each partner Council appoints three representatives

c) Noted that resolutions 1 and 2 above will subsequently be recommended to the SmartGrowth partner agencies for adoption.

d) Noted that any agreed changes to the membership of SLG and SGIG will be implemented after the 5 April SLG meeting, but further work will need to occur on the detailed changes to be made at the SGIG and Secretariat level prior to implementing them.

e) Resolved to commence the recruitment process for the Independent Chair position following this meeting.

f) Noted that the Chief Executives have appointed Craig Batchelar as Interim Implementation Advisor while the recruitment process occurs.

The partners to SmartGrowth are now being asked to receive and approve the amendments to the SmartGrowth Leadership Group Agreement and associated Terms of Reference.

3.2 Key Changes to Agreement and Terms of Reference

The proposal key changes (identified in track change) involve:

· Composition of SmartGrowth Leadership (SLG) membership

· Ministers and Chairs/Mayors (including the Combined Tangata Whenua Forum Chair) to meet outside of SLG

· Strengthening the implementation role of the current Chief Executives Advisor Group, to operate as the SmartGrowth Implementation Group (SGIG)

· Positioning the SmartGrowth Secretariat to contribute to the regional spatial strategy under the RMA Reforms and to better support the SGIG and SLG with an enhanced role in programme management and co-ordination of community engagement.

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

There are no changes in the agreement that have an impact on Māori as the amendments are seeking to improve and clarify the membership, strengthen roles in light of RM Reforms underway.

4.4 Community Engagement

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

Engagement with the community is not required as the recommended decision relates to Council partnership arrangements only and does not have any persons who are likely to be particularly affected by, or interested in the proposals.

4.5 Financial Implications

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

Note while this decision doesn’t have a financial implication, the draft SmartGrowth Strategy is currently timetabled to be adopted in May 2024. It is expected that a SmartGrowth Strategy Implementation Plan will be developed which will have financial implications for the annual plan and LTP moving forward.

The SmartGrowth Leadership Group will be an important conduit for communicating short and long-term financial commitments and priorities.

5. Next Steps

When all three councils have passed resolutions to approve the refreshed arrangements the Agreement will be signed by all parties, and letters written to the new members of the SLG.

Attachments

Attachment 1 - Urban Growth Partnership Agreement and TOR (2023 Updates) - 5 April 2023 ⇩

Attachment 2 - 2023 05 31 - SmartGrowth Arrangements (including key responsibilities) ⇩



Report To:	Regional Council
Meeting Date:	29 June 2023
Report Writer:	Monique Brooks, Legal and Commercial Manager
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	Update to Staff Delegations

Delegations Update

Executive Summary

Since approval of the Delegations Manual in December 2022, changes have been made to the Rates Team, and the creation of the Spatial Planning Team. Council officers within these teams exercise powers under legislation that must be delegated by Council directly.

These changes require Council to delegate powers under certain legislation to the

Recommendations

That the Regional Council:

1 Receives the report, Delegations Update;

2 Revokes existing delegations made by Council referred to in Attachment 1;

3 Delegate all the powers, functions and duties as set out in Attachment 1 under the Resource Management Act 1991, Local Government (Rating) Act 2002 and Rating Valuations Act 1998 to the specified council officers.

1. Introduction

Certain delegations must be made by Councill to staff directly. Recent changes to team structures necessitate changes to the delegations.

1.1 Alignment with Strategic Framework

The Way We Work

We continually seek opportunities to innovate and improve.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

¨ Social

¨ Economic

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

2. Delegations Required from Council

2.1 Spatial Planning Team

Regional Council established a new Spatial Planning Team in late 2022. Staff in this team require delegations under the Resource Management Act 1991 (RMA) to carry out their statutory duties and functions in respect of plan and policy making and related processes. The proposed delegations provide the same level of delegation to as provided to staff in the Policy and Planning Team but include the new positions of:

· Spatial Planning Manager

· Senior Urban Planner

· Principal Advisor Spatial Planning.

The specific amendments are set out in Attachment 1.

Delegations under the RMA must be delegated to staff directly by Council.

2.2 Rates Team

The Rates Team exercises powers under the Local Government (Rating) Act 2002 and Rating Valuations Act 1998 (“Rating Legislation”) on behalf of Council. The Rates Team has undergone changes in its structure meaning the current Delegations Manual does not accurately reflect the position titles held by staff. It is proposed to amend the Delegations Manual as follows to:

· Remove delegations to “Manager responsible for Rates Setting” and “Manager responsible for Rates Collection” and replace with “Rates Manager”.

· Remove delegations to “Kaitohutohu Matua Whenua (Māori Land Specialist)” and replace with “Rates Engagement Team Leader”.

· Remove “Rates Team Leader’ as this position no longer exists.

The specific amendments are set out in Attachment 1.

Delegations under Rating Legislation must be delegated to staff directly by Council.

3. Considerations

3.1 Risks and Mitigations

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

3.2 Climate Change

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

3.3 Implications for Māori

The matters addressed in this report are of a procedural nature and the impact on Māori is equivalent to the impact on the general community.

3.4 Community Engagement

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

3.5 Financial Implications

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.

Staff will update the Delegations Manual to reflect Council’s updated delegation.

Attachments

Attachment 1 - Amendments to RMA & Ratings Delegations ⇩