Agenda of Regional Council - Wednesday, 9 August 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.

Item No.	Subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Grounds under Section 48(1) for the passing of this resolution	When the item can be released into the public
10.1	Public Excluded Regional Council Minutes - 29 June 2023	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
10.2	Ngongotahā Flood Mitigation Project Update and Property Acquisition	Withholding the information is necessary to protect the privacy of natural persons, including that of deceased natural persons; 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)(a); 48(1)(a)(i) Section 7 (2)(i).	On the Chief Executive's approval.
10.3	Regional Property Update	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.
10.4	Quayside Holdings Ltd Director Appointments	Making the information available would be likely to endanger the safety of any person.	48(1)(a)(i) Section 6 (b).	On the Chief Executive's approval.

Regional Council Minutes

29 June 2023

Regional Council

Open Minutes

Commencing: Thursday 29 June 2023, 9.30 am

Venue: Mataatua Room, Bay of Plenty Regional Council Toi Moana, Level 1, 5 Quay Street, Whakatāne and via Zoom

Chairperson: Chairman Doug Leeder

Deputy Chairperson: Deputy Chairperson Jane Nees

Members: Cr Malcolm Campbell

Cr Stuart Crosby

Cr Matemoana McDonald

Cr Kat Macmillan

Cr Ron Scott

Cr Ken Shirley

Cr Paula Thompson – via Zoom

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, Reuben Fraser – General Manager Regulatory Services, Chris Ingle – General Manager Integrated Catchments; Karen Aspey - Director, People & Leadership, Steve Groom – Governance Manager; Olive McVicker – Corporate Performance Team Lead; Mark Le Comte – Principal Advisor Finance; Stephanie Macdonald – Community Engagement Team Leader; Jackie Healey – Community Engagement Advisor; Mike Seabourne – Transport Director; Kumaren Perumal – Chief Financial Officer; Jo Pellew – Rates Manager; Antoine Coffin – Manager, Spatial Planning; Tone Nerdrum Smith – Committee Advisor

Namita Natish – Youth Panellist.

Tauranga Transport System (TSP): Dean Kimpton – Chair and Shaun Jones – Programme Manager

Apologies: Cr Toi Kai Rākau Iti, Chairman Doug Leeder (late arrival)

1. Chair’s Opening Statement

Acting Chairperson Cr Jane Nees opened the meeting and 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 Toi Moana website following the meeting: https://www.youtube.com/watch?v=UyyzvzHRars

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 Leeder (late arrival) and Cr Toi Kai Rākau Iti (absence) tendered at the meeting.

Winters/McDonald

CARRIED

4. Public Forum

4.1 Gordon Dickson - Rates Payments and Environment / Conservation Matters (did not appear)

As the public form speaker did not attend, Council progressed to the next item on the agenda.

5. Order of Business

Noted that Agenda Item 10: Verbal Acknowledgement of Cr Stuart Crosby as LGNZ President would be covered at the end of the open section of the meeting.

6. Declaration of Conflicts of Interest

None declared.

7. Minutes

Minutes to be Confirmed

7.1

Regional Council Minutes - 4 May 2023

Resolved

That the Regional Council:

Confirms the Regional Council Minutes - 4 May 2023 as a true and correct record.

von Dadelszen/White

CARRIED

7.2

Regional Council Minutes - 25 May 2023

Resolved

That the Regional Council:

Confirms the Regional Council Minutes - 25 May 2023 as a true and correct record.

Thurston/Scott

CARRIED

7.3

Extraordinary Regional Council Minutes - 9 June 2023

Matters Arising

In relation to Minute Item 4.1 Public Transport – Implementation of Government Fare Announcement, it was noted that the introduction of free fares for 13 – 18 year olds was on track for implementation by 1 July 2023.

Resolved

That the Regional Council:

Confirms the Extraordinary Regional Council Minutes - 9 June 2023 as a true and correct record.

Winters/Thurston

CARRIED

8. Presentations

8.1

School Sustainability and Resilience Funding (SSRF) Presentation

Presentation - School Sustainability and Resilience Fund PDF - Council 29 June 2023: Objective ID A4417635

Presented by Jackie Healey – Community Engagement Advisor, Stephanie Macdonald – Community Engagement Team Leader and Namita Natish – Youth Panellist.

Key Points - Staff:

· Provided an outline of the SSRF application and assessment process

· Council provided co-ordinator support, however the allocation of funds was decided by the community

· Council supported the process through advertising of the school projects that had applied for funding

· 34 applications had gone through the public voting rounds, 12 of which were successful. The Youth Panel voted for a further four bringing it to 16 successful applications for 2023

· Recognised the time and effort required in submitting an application, and that in the future, Council could look at opportunities to provide more support in this part of the process

· Noted that there were a number of initiatives currently underway for young people to engage and participate in Council business and decision making.

· Key Points – Namita Nitesh – Youth Being on the Youth Panel involved working through the applications, which had provided learning opportunities regarding budgeting and how to best present an application

· Participating had created an increased understating about potential impact of climate change

· Encouraged further engagement and contribution by members of the community in everyday practices, as well as in Council initiatives.

Key Points - Members:

· Recognised the challenges in harnessing the energy and engagement of those involved in the Youth Panel and the region’s youth

· Recognised this initiative’s value as an example of participatory governance.

8.2

Transport System Plan (TSP) Presentation

Presentation - TSP (Transport System Plan) pdf - Council 29 June 2023: Objective ID A4409850

Presented by Dean Kimpton – TSP Director and Shaun Jones – TSP Programme Manager, and Mike Seabourne – Director Public Transport.

Key Points – Cr Thurston (in capacity of Chair, Regional Transport Committee):

· Provided the background leading up to invitation of the presenters to the Council meeting

· Sought further information regarding alignment between systems/strategies in the transport space; and the inclusion of Iwi in the prioritisation/decision making process.

Key Points – Dean Kimpton - Chair and Shaun Jones – Programme Manager, TSP:

· Presentation would cover a number of issues, including the TSP refresh, with the key message being alignment to avoid duplication between the different transport strategies/plans/systems

· TSP’s purpose was to deliver on agreed outcomes, based on provided governance direction

· The TSP Steering Group was required to prioritise/balance investments to achieve the desired outcomes

· Affordability would always place limitations on the prioritisation list, which ultimately was set through the partner councils’ Long Term Plans (LTP)

· Recognised the complexity within the transport hierarchy in the Bay of Plenty

· Since the adoption of the Urban Form and Transport Initiative (UFTI), there had been change in government and strategies, which had led to the refresh of the TSP

· UFTI was the overarching plan, with the TSP being the delivery vehicle for the transport component

· UFTI represented a common approach to connecting governance with delivery

Key Points – Mike Seabourne

· Council staff worked closely with the TSP team to ensure alignment between the TSP and the Regional Land Transport Plan (RLTP)

10.26 am – Chairman Leeder entered the meeting.

· The community would be consulted regarding the funding of the TSP as part of the RLTP; the early Tauranga City Council (TCC) LTP; as well as other councils’ LTPs

· Had commenced the Vehicle Kilometres Travelled (VKT) programme to identify aspirational versus achievable targets

· Had undertaken a robust pricing scope for the projected infrastructure costs, however recognised that some projects had not yet been scoped and costing was accordingly based on high-level modelling

· TCC currently had a significant transport/infrastructure programme included in its draft LTP

· The quality of transport modelling became increasing important due to the many different entities and strategies seeking support from central government.

Key Points - Members:

· Funding constraint within the transport sector meant deliverability was limited from project to project, as there was no certainty regarding future funding, which made strategic decision making challenging

· Noted that on 27 June 2023, the three councils (TCC, Bay of Plenty Regional Council Toi Moana (BOPRC) and Western Bay of Plenty District Council (WBOPDC), followed by SmartGrowth Leadership Group, had jointly met to decide and prioritise on Waka Kotahi transport projects of regional importance

· Concerned regarding the lack of alternative transport/cycleway access to Pāpāmoa Hills Regional Park in the 30 year cycleway plan.

10.47 am – The meeting adjourned and Deputy Chair Nees vacated the chair.

11.05 am – The meeting reconvened and Chairman Leeder assumed the chair.

9. Reports

9.1

Chairperson's Report

Resolved

That the Regional Council:

1 Receives the report, Chairperson's Report.

Leeder/von Dadelszen

CARRIED

Decisions Required

9.2	Adoption of the Annual Plan 2023/24 Presented by Kumaren Perumal – Chief Financial Officer, Mark Le Comte – Principal Advisor Finance and Olive McVicker – Corporate Performance Team Lead. Key Points: · The Annual Plan (AP) work programme represented Council’s commitment to the community and the financial prudence applied through the Annual Plan workshops with Councillors · Total rates revenue included growth which increased the total revenue, but reduced the rates required per rate payer. Key Points - Members: · Recognised rates increases, combined with the increasing cost of living, would have significant cumulative effects on parts of the region · Concerned that rates were becoming unaffordable and sought a careful review as part of the LTP process, with particular focus on targeted rates · Recognised that the expectations on the levels of service provided by Council had substantially increased, which resulted in additional costs. Key Points – Fiona McTavish – Chief Executive: · Outlined the planned actions for the LTP 2024-2034 process · Would work with Audit NZ to present the rates more clearly in the LTP · Councillor direction to staff in the development of the AP was a request for effectiveness and efficiencies, which had been delivered · All applicable funding reserves had been applied to keep rates increases to a minimum · Council had significantly diminished its funding reserves through the Covid recovery process.
	Resolved 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 to the agenda report); 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, including in the section Funding Our Work: Quantifying Quayside Holdings Limited dividend as a benefit to the ratepayers. Crosby/White CARRIED
9.3	Rates Setting for 2023/24 Financial Year Presented by Kumaren Perumal – Chief Financial Officer, Mark Le Comte – Principal Advisor Finance and Jo Pellew – Rates Manager. Key Points - Members: · Noted that the draft targeted rates had been consulted with those identified as most affected.
	Resolved That the Regional Council: 1. Receives the report, Rates Setting for 2023/24 Financial Year. 2. Confirms that the rates for the financial year 1 July 2023 to 30 June 2024 are set and assessed in accordance with the Local Government (Rating) Act 2002. 3. Confirms that the significance of the decision has been assessed as LOW, and under Section 79 of the Local Government Act 2002 (LGA) confirms the written record of the manner in which section 77 and section 78 matters have been addressed 4. Notes that Council did not consult on the funding impact statement that is part of the Annual Plan 2023/24 as the changes were not considered to be significant or a material departure from LTP 2021-2031. 5. Confirms that the amounts of the rate specified in the rate tables of the resolution, for the financial year commencing 1 July 2023 to 30 June 2024, includes Council’s Goods and Services Tax component. 6. Sets a general rate based on land value, calculated as a rate in the dollar of the rateable land value of each rateable rating unit in the region. The rate in the dollar is different according to the location of the land within each district and city constituency as land values are equalised. The general rate is set as follows: 7. Sets a uniform annual general charge as a fixed amount per rating unit on all rateable land in the region as follows: 8. Sets targeted rates for Kaituna Catchment Control Scheme. The targeted rates are set differentially in accordance with Sections 16, 17 and 18 of the Local Government (Rating) Act 2002 for all rateable land situated in the Kaituna Catchment Control Scheme area within the Tauranga, Western Bay of Plenty and Rotorua constituent districts. The categories of rateable land have been defined based on where the land is situated. The two targeted rates are set as follows; i. Where the land is situated, and calculated using the area of land of each rating category within the rating unit, ii. Where the land is situated and calculated as a fixed amount based on the rating category within which the rating unit is situated. 9. Sets a targeted rate for the Rangitāiki-Tarawera Rivers Scheme. The rate is set differentially for all rateable land situated in the Rangitāiki-Tarawera Rivers Scheme catchment within the Whakatāne, Kawerau, Rotorua and Taupō constituent districts. The targeted rate is set as based on where the land is situated, and calculated using the area of land of each rating category within the rating unit as follows: 10. Sets targeted rates for Whakatāne-Tauranga Rivers Scheme. The targeted rates are set differentially in accordance with Sections 16, 17 and 18 of the Local Government (Rating) Act 2002 for all rateable land situated in the Whakatane-Tauranga Rivers Scheme catchment within the Whakatane constituent district. The categories of rateable land have been defined based on where the land is situated. The two targeted rates are set as follows; i. Where the land is situated, and calculated using the area of land of each rating category within the rating unit, ii. Where the land is situated and calculated as a fixed amount based on the rating category within which the rating unit is situated. 11. Sets targeted rates for the Waioeka-Otara Rivers Scheme. The targeted rates are set differentially in accordance with Sections 16, 17 and 18 of the Local Government (Rating) Act 2002 for all rateable land situated in the Waioeka-Otara Rivers Scheme catchment within the Opotiki constituent district. The categories of rateable land have been defined based on where the land is situated. The two targeted rates are set as follows; i. Where the land is situated, and calculated using the area of land of each rating category within the rating unit, ii. Where the land is situated and calculated as a fixed amount based on the rating category within which the rating unit is situated. 12. Sets a targeted rate for the Rangitāiki Drainage Rating Area. The rate is set differentially for all rateable land situated in the defined Rangitāiki Drainage Rating Area situated on the Rangitāiki Plains within the Whakatāne constituent district. The targeted rate is set based on where the land is situated, and calculated using the area of land of each rating category within the rating unit as follows: 13. Sets a targeted rate for Passenger Transport. The rate is set differentially as an amount per rating unit on all rateable properties within the defined boundaries of Tauranga City, Urban Rotorua, Western Bay District and Whakatāne District. The passenger transport targeted rate is set as based on where the rateable unit is situated as follows: 14. Sets a targeted rate for the Rotorua Lakes Programme. The rate is set differentially as an amount per rating unit on all rateable properties within the Rotorua constituent district. The Rotorua Lakes programme targeted rate is set based on the area of land within the rating unit as follows. 15. Sets a targeted rate for Rotorua Air Action Plan Implementation. The rate is set as a fixed amount per rating unit on all rateable properties within the defined boundary of Urban Rotorua. The Council sets the Rotorua Air Action Plan Implementation targeted rate as follows; 16. Sets a targeted rate for Civil Defence Emergency Management. The rate is set differentially (based on where the rating unit is situated) as an amount per rating unit on all rateable properties within the Kawerau, Ōpōtiki, Rotorua, Tauranga, Western Bay of Plenty and Whakatāne constituent districts. The Civil Defence Emergency Management targeted rate is set as follows; 17. Sets a targeted rate for Rotorua Air Clean Heat Conversion. The rate is set differentially as an amount per rating unit within the defined boundary of Rotorua Air shed area who have received loans from the Regional Council for installing cleaner heat alternatives. The Rotorua Air Clean Heat Conversion targeted rate is set as follows: 18. Sets targeted rates for the Minor River and Drainage Schemes. The rates are set differentially for all rateable land situated in the defined communal pumped drainage and defined minor river and drainage schemes areas. The Council sets one targeted rate for each scheme based on where the land is situated and calculated using the area of land within the rating unit as follows: 19. Sets a targeted rate for Regional Safety and Rescue Services. The rate is set differentially (based on where a rating unit is situated) as an amount per rating unit on all rateable properties within the Kawerau, Ōpōtiki, Rotorua, Tauranga, Western Bay of Plenty and Whakatāne constituent districts. The regional safety and rescue service targeted rate is set as follows: 20. Sets targeted rates uniformly for all rateable land situated in the defined drainage and defined Minor River and Drainage Schemes areas. The rates are set as based on where the land is situated and calculated using the land area within the rating unit as follows: 21. Sets the due date for all rates for the 2023/24 rating year as 20 October 2023. 22. Sets the following penalties regime for all rates i. Pursuant to sections 57 and 58(1)(a) of the Local Government (Rating) Act 2002, with respect to rates assessed in respect of the 2023/24 year, a penalty of 10% will be added to the amount of the rates that has been assessed after 1 July 2023 and which is unpaid after the due date set out in section 21. The penalty will be added on the penalty date of 31 October 2023. 23. Sets the following additional penalties regime for past years’ rates:  i. Pursuant to sections 57 and 58(1)(b) of the Local Government (Rating) Act 2002, with respect to rates assessed between 1 July 2022 and 1 July 2023, a penalty of 10% will be added on any rates that remain unpaid on 1 July 2023. The penalty will be added on 6 July 2023. ii. Pursuant to sections 57 and 58(1)(b) of the Local Government (Rating) Act 2002, with respect to rates assessed before 1 July 2022, for rating units in Tauranga City, a penalty of 10% will be added on any rates that remain unpaid on 1 July 2023. The penalty will be added on 6 July 2023. iii. Pursuant to sections 57 and 58(1)(b) of the Local Government (Rating) Act 2002, with respect to rates assessed before 1 July 2022, for the Minor River and Drainage Schemes identified in recommendations 18 and 20, a penalty of 10% will be added on any rates that remain unpaid on 1 July 2023. The penalty will be added on 6 July 2023. iv. Pursuant to sections 57 and 58(1)(c) of the Local Government (Rating) Act 2002, a further penalty of 10% will be added on any rates to which a penalty has been added under (i), (ii) or (iii) if the rates remain unpaid six months after the previous penalty was added on 6 July 2023. The penalty will be added on 9 January 2024. 24. Appoints in accordance with section 53 of the Local Government (Rating) Act 2002 the constituent district and city councils of the Bay of Plenty region, i.e. Kawerau District Council, Ōpōtiki District Council, Rotorua District Council, Taupō District Council, Western Bay of Plenty District Council and Whakatāne District Council, to collect the rates assessed by Bay of Plenty Regional Council for the years prior to and including 2021/22 which remain unpaid, excluding rates for the Minor River and Drainage Schemes as identified in recommendations 18 and 20. 25. Sets the following additional penalties regime for rates to be collected under recommendation 24; i. Pursuant to sections 57 and 58(1)(b) of the Local Government (Rating) Act 2002, with respect to rates assessed before 1 July 2022, a penalty of 10% for all areas in the table below other than the Kawerau District and 3% for the Kawerau District will be added to any rates unpaid on 1 July 2023. The penalty will be added on the date shown below. i. Pursuant to sections 57 and 58(1)(c) of the Local Government (Rating) Act 2002, with respect to rates assessed before 1 July 2022, a further penalty of 10% for Rotorua District and Western Bay of Plenty District, and 3% for the Kawerau District will be added on any rates to which a penalty has been added under 25 if the rates remain unpaid six months after the previous penalty was added. The penalty will be added on the date shown below. The respective additional penalty dates are as follows; Nees/Crosby CARRIED

9.4

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

Presented by Namouta Poutasi - General Manager Strategy & Science.

Key Points:

· Noted that this was the first Plan Change to be considered under the new Freshwater Hearings Panel.

Resolved

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.

Nees/White

CARRIED

9.5

Code of Conduct for Council

Presented by Steve Groom – Governance Manager and Karen Aspey – General Manager, People and Leadership.

Key Points - Members:

· Noted that the Code of Conduct had already been extensively discussed

· Sought a clearer identification of the principles of natural justice:

o Decision makers must be unbiased;

o Process must provide those affected by the outcome/decision an opportunity to be heard.

Resolved

That the Regional Council:

1. Receives the report, Code of Conduct for Council;

2. Includes 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 to the agenda report;

3. Adopts the draft 2022-2025 Bay of Plenty Regional Council Toi Moana Code of Conduct with some minor typographical changes, including:

· Clearer identification of the principles of natural justice;

· Pg 172, Human Rights Act: Use actual wording, rather than interpretive language.

Campbell/Winters

CARRIED

9.6

2023 Local Government New Zealand (LGNZ) Annual General Meeting (AGM) Remits for Consideration

Presented by Steve Groom – Governance Manager and Karen Aspey – General Manager, People and Leadership.

Key Points - Members:

· Important to respect that if new information was provided to the Council delegates on the day of the AGM, the current position provided by Council could change

· Remit 8 (Establishing LGNZ Resolution Service): Concerned it might add an unnecessary level of bureaucracy

· Remit 10 (Kiwisaver Contributions for Elected Members):Discussion identified differing opinions on this remit and delegates were provided with a range of factors to consider when weighing up their position on this remit’

· Noted that members of Parliament received Kiwisaver contributions.

Resolved

That the Regional Council:

1 Receives the report, Local Government New Zealand (LGNZ) Annual General Meeting (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.

Macmillan/White

CARRIED

Cr Shirley opposed the motion

9.7

SmartGrowth Leadership Group Agreement and Terms of Reference

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

Key Points:

· Noted that SmartGrowth Leadership Group had gone through a refresh exercise and the amended agreement was now presented to each partner Council for endorsement.

Resolved

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), with the following amendment:

· Remove reference to “Regional Council Chair” in Section 2: Members of the Agreement.

Nees/Macmillan

CARRIED

9.8

Delegations Update

Resolved

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.

Crosby/Shirley

CARRIED

9.9

Acting Chief Executive

Resolved

That the Regional Council:

1. Receives the report, Acting Chief Executive;

2. Appoints Kathleen Jean Belshaw (Kataraina) O’Brien – General Manager Strategic Engagement as Acting Chief Executive for the period Friday 30 June to Monday 17 July 2023 (inclusive), during a period of leave for the Chief Executive.

Winters/McDonald

CARRIED

10. Verbal Updates

10.1

Acknowledgement of Cr Stuart Crosby as Retiring LGNZ President

Presented by Chairman Leeder.

Key Points:

· Noted that the LGNZ President role was traditionally held by a Mayor or Regional Chair, however it was recognised that the increasing responsibility of the role meant this combination was no longer viable

· The strategic objective of LGNZ was to improve the relationship between central and local government

· In his time as the President, Cr Crosby had:

· Attended approximately 200 meetings with politicians and officials

· Presented around 25 oral submissions

· Adopted a bold new strategy for LGNZ – including a new vision that New Zealand be the most active and inclusive local democracy in the world

· Successfully advocated for the establishment of the Three Waters Steering Group, Three Waters Governance, Representation and Accountability Working Group, and the Resource Management Reform Steering Group – all of which had provided advice to ensure that the reforms were as workable as possible for local government

· Successfully advocated for the Future for Local Government Review to take place

· Successfully advocated for changes to requirements to publish personal contact details on electoral advertising materials in time for the 2022 local body elections, given safety concerns

· Worked to strengthen LGNZ’s relationships with Taituarā and Te Uru Kahika.

Key Points – Cr Crosby:

· Elected as President during Covid lockdown, which had been an unusual and interesting experience

· Had never before experience such a challenging and disruptive period for local government as what had been seen these last few years

· Had decided to not stand for a second term as his primary responsibility remained to the Tauranga residents

· Recognised the support of fellow Councillors in making it possible to take on the Presidency, and appreciated the benefits to the Council by being able to report back on LGNZ matters.

11. Public Excluded Section

Resolved

Resolution to exclude the public

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

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

Item No.	Subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Grounds under Section 48(1) for the passing of this resolution	When the item can be released into the public
11.1	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.
11.2	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.
11.3	Smith Road Old Rangitāiki 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.
11.4	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.

Leeder/Thurston

CARRIED

12. Closing Karakia

A karakia was provided by Cr Te Taru White.

12.37 pm – the meeting closed.

Confirmed

Chairman Doug Leeder

Chairperson, Regional Council

Date	Meeting / Engagement	Comment
21 June	Future for Local Government (FFLG) Final Report Release – Wellington	This event marked the completion of the 2-year FFLG review process. The FFLG panel presented their final report and recommendations followed by a Q&A session.
23 June	Regional Sector meeting with Ray Smith, Director-General of Ministry for Primary Industries (MPI) and MPI officials – Videoconference	Discussed establishing protocols between the Regional Sector and MPI.
28 June	Whakatāne District Council and Bay of Plenty Regional Council Elected Members Dinner – Whakatāne	An opportunity to connect with Whakatāne District Council Councillors.
10 July	Local Government New Zealand (LGNZ) President Candidate Mayor Dan Gordon meeting with BOPRC Councillors – Videoconference	Attended.
11 July	LGNZ meeting on the approach to the next steps for the Future for Local Government – Videoconference	Discussed the approach of National Council taking a proposal to LGNZ’s Annual General Meeting on 26 July asking members to commit to working together to develop a consensus position.
12 July	Te Whare Wānanga o Awanuiarangi Climate Change Symposium – Whakatāne	Hon Hekia Parata was the guest speaker, who presented the Ministerial report, Outrage to Optimism.
18 July	Waiōtahe Freshwater Management Unit Community Event – Waiōtahe	Attended.
19 July	Radio Interview with Colin Magee 1XX – Whakatane	Discussed Whakatāne Stopbanks, the effect on the Boat Ramp and Fishing Club, and wastewater consent issues facing Whakatāne.
Central and Local Government Forum 2023, Regional Sector - Videoconference	The theme for this year’s Forum was Working together to build resilient national infrastructure. Specifically, building resilience to the impacts of extreme weather.
24 – 26 July	2023 Regional Sector Group Tour – Christchurch and Timaru	Hosted by Environment Canterbury, the tour showcased the uniqueness and challenges of the Canterbury region. The tour had overarching themes of partnership, innovation and climate change.
26 July	LGNZ Annual General Meeting - Christchurch	This is covered in more detail in the following section.
LGNZ Conference Opening and Welcome Reception - Christchurch	Attended.
27 – 28 July	Port of Tauranga Ltd Tour and Meetings – Timaru	Attended.
28 July	Fulton Hogan Conference Dinner and LGNZ Awards – Christchurch	Attended.



Report To:	Regional Council
Meeting Date:	9 August 2023
Report Writer:	Kirsty Brown, Rivers and Drainage Assets Manager
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	The purpose of this report is to seek Council’s approval of the 2023 River Scheme Advisory Groups’ Term of Reference.

Review of the Rivers Scheme Advisory Groups' Terms of Reference

Executive Summary

The purpose of our four river scheme advisory groups is to provide for ratepayer input into decisions around the management and operation of our river schemes. These groups enable regular communication between representative scheme ratepayers, District Council elected members and staff, and BOPRC Councillors and staff.

1 The current Terms of Reference (TOR) was adopted by the Council in December 2016. In 2022, the Council endorsed a review of the 2016 TOR to ensure the continued appropriateness of the advisory groups' and to consider how they can support achieving our Long Term Plan strategic impact areas: Partnership with Māori, Climate Change and Community Participation. A working group consisting of five Councillors was established to support this review.

2 The review process undertaken has been a comprehensive and inclusive. The changes made to the TOR, including the inclusion of guiding principles, aims to address feedback from stakeholders and to create a stronger alignment with the strategic impact areas outlined in the Long Term Plan.

3 Adoption of the 2023 TOR will improve the effectiveness of the advisory groups and the valuable contribution they make to Council’s objectives.

Recommendations

That the Regional Council:

1 Receives the report, Review of the Rivers Scheme Advisory Groups' Terms of Reference.

2 Approves the 2023 River Scheme Advisory Groups’ Terms of Reference.

1. Introduction

1. The regional council has four river scheme advisory groups, as follows:

· Kaituna Catchment Control Scheme Advisory Group

· Rangitāiki-Tarawera Rivers Scheme Advisory Group

· Whakatāne-Tauranga Rivers Scheme Advisory Group

· Waioeka-Otara Rivers Scheme Advisory Group

2. These groups facilitate effective two-way communication between representative scheme ratepayers, elected members and staff of the District Council, and elected members and staff of BOPRC. These groups serve as valuable platforms for gathering ratepayer input on scheme capital and operational programmes and financial decisions. Additionally, the groups can provide guidance on the most effective methods of communication with local ratepayers.

3. The Council adopted the current terms of reference (TOR) for the advisory group in December 2016, following an extensive review and consultation process involving stakeholders and including members of the previous liaison group. At its meeting on 30 September 2021, the Council endorsed a review of the 2016 TOR to ensure the continued appropriateness of the groups and to consider how they can support the Council’s LTP impact areas. To support the review, a working group was established, comprising of Councillors Nees, Bruning, MacDonald, Clark, and Iti.

Although the advisory groups have no authority to make decisions, members input is highly valued, and their views are taken into account on all scheme matters. Each group meets twice a year – March and September, normally at a venue within the river scheme boundary.

4. The purpose of this report is to seek adoption of the proposed 2023 TOR.

1.1 Alignment with Strategic Framework

Safe and Resilient Communities	We support community safety through flood protection and navigation safety.
A Vibrant Region	We invest appropriately in infrastructure to support sustainable development.
The Way We Work	We look to partnerships for best outcomes.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

Our river and drainage schemes provide important, long term infrastructure which support our community’s wellbeing by protecting people, property and livelihoods from river flooding and land drainage issues.

2. Review Process

2.1 Introduction

4 A comprehensive review of the TOR for the four river schemes advisory groups has been conducted over the past 18 months. The primary objective of this review is to ensure the continued appropriateness of the advisory groups' and to consider how they can support achieving our Long Term Plan strategic impact areas: Partnership with Māori, Climate Change and Community Participation. Additionally, the review has addressed some concerns raised by advisory group members, including barriers to meeting attendance.

5 To support the review, a working group consisting of key elected members was established. A series of workshops were conducted to refine the TOR and gather input.

6 The revised draft TOR was circulated among the advisory group members, and subsequent discussions were held during the September 2022 round of rivers scheme advisory group meetings. Overall, the feedback received from the members was positive.

7 Due to the Local Government elections in October 2022 and the subsequent March 2023 round of advisory group meetings, the review process was temporarily paused during this period.

2.1.1 2023 Terms of Reference

8 The revised TOR for the river scheme advisory groups includes the following key enhancements (see attachment 1 for a full copy of the 2023 TOR):

· Reimbursement Clause

9A new clause has been added, allowing members to seek reimbursement for their time and mileage expenses when required to travel for meetings or take time off work. This provision aims to remove barriers for meeting attendance.

· Guiding Principles

10 Four guiding principles have been incorporated to support and guide the work of the advisory groups. These principles will serve as a foundation for their activities and decision-making processes. The guiding principles are as follows:

· Adapting to our changing climate

The Bay of Plenty’s climate is changing, and these changes will continue for the foreseeable future. Adaptation is essential to ensure our River Schemes remain sustainable in the long term. The work of the Advisory Groups helps to manage the effects of a changing climate.

· Working effectively with Māori to deliver outcomes for the region

Implementing the principles of the Te Tiriti o Waitangi (Treaty of Waitangi) collaboration and partnership will guide the work of the Advisory Groups. The Council has an opportunity to work effectively with Māori by establishing appropriate Māori participation through Advisory Groups. Hearing Māori perspectives and the inclusion of cultural values (such as Matauranga Māori) will ensure river management and flood protection solutions remain consistent with community expectations. Diversity within the River Advisory Groups is encouraged and supported as it reflects the diversity in our wider community.

· Community Participation

Members will assist with the sharing of scheme information to ratepayers and residents and promote opportunities for participation and collaboration.

· Sympathy with Natural processes

Evolving best practice in river engineering and management in New Zealand is being shaped by the “Making Room for the River” philosophy. This approach tends to a more natural and less engineered/confined river system, to improve overall river and ecological health.

· Membership term

11 The key feedback from the present advisory group members was regarding the current restricted membership term of 3 + 3 years. In response, a revision to the existing clause was made to allow for longer membership terms for the purpose of retaining valuable knowledge and expertise. To be considered for a further three-year term, existing members may reapply under the public nomination process for reselection.

12 As per the current TOR, the second three-year membership term is due to end in October 2023. Adoption of the TOR will support the full public nomination process to be undertaken in November.

2.1.2 Māori Participation

Steps have been implemented regarding the involvement of tangata whenua in the advisory groups. This includes the appointment of representatives from Ngāti Ira and Ngāti Ngāhere to the Waioeka-Otara Rivers Scheme Advisory Group and a representative from Te Uru Taumatua and the Tūhoe Tribal Authority on the Whakatāne-Tauranga Rivers Scheme Advisory Group.

Our Long Term Plan 2021-31 identifies partnership with Māori as one of its strategic priorities. Including hapū or iwi representatives on advisory groups, if desired, provides a partnership opportunity that aligns with this priority. Additionally, it facilitates the adoption of a Te Ao Māori lens and a Mātauranga Māori approach in decision-making and practices related to the river schemes flood protection and erosion control role.

It is important to acknowledge that the cultural landscape has evolved since the adoption of the existing TOR in 2016. Although not all iwi/hapū may choose to participate in the advisory groups, it is crucial to acknowledge the interest shown by some and recognise that a standardised approach may not be appropriate, especially given the presence of post-treaty settlement river authorities and their statutory responsibilities.

In cases where river co-governance forums have been established, such as in the Rangitāiki-Tarawera Rivers and Kaituna Catchment Control Schemes, efforts have been made to strengthen the relationship between the river advisory group and those forums. This involves including a co-governance representative on the advisory groups, implementing written reporting between the groups, and promoting the sharing of agendas, presentations, and meeting notes. These initiatives aim to ensure that iwi representation on the statutory forum remain connected to the interests of the advisory groups, and vice versa.

3. Considerations

3.1 Risks and Mitigations

The risks associated with this matter are related to the current 2016 TOR being outdated and no longer being appropriate for meeting the needs of the strategic priorities and outcomes Council are committed to. Adoption of the proposed 2023 TOR will mitigate this risk.

3.2 Climate Change

Adaptation to climate change impacts is one of the matters the river scheme advisory groups have input into and oversight of, through the River Scheme Sustainability programme of work run out of the council’s engineering team. Our river schemes advisory groups are deeply involved in recognising and adapting to the forecasted impacts of climate change for their river scheme and communities – particularly as it pertains to flood risk. These advisory groups are leading how we adapt to those impacts within a 100 year timeframe, using a staged approach.

3.3 Implications for Māori

Our flood protection and land drainage activity is vital to our role of providing services that assist to achieve safe and resilient communities. This includes well-being benefits for Māori and our river scheme work often supports the strong spiritual bonds Māori have to awa, whenua and the natural world. Operationally, our current environmental code of practice recognises and provides for iwi management planning and other ways of involving Māori in managing the river environment.

14 Council acknowledges that the relationships it has with Māori are central to the fulfilment of its statutory responsibilities and will continue to utilise a range of different mechanisms to engage with the wider Māori community and ensure their views are appropriately represented in the decision-making process.

During the review process, in line with the guidance provide by Te Amorangi and iwi/hapū representatives from the advisory groups, engagement was undertaken with key iwi and hapū.

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

If adopted, the TOR will be shared with the advisory group members during the September 2023 round of meetings. Additionally, it will be utilised for the subsequent round of public nominations for membership scheduled for November 2023.

Attachments

Attachment 1 - 2023-04 Advisory Group TOR June 2023 - FINAL DRAFT ⇩



Report To:	Regional Council
Meeting Date:	9 August 2023
Report Writer:	Margaret Courtney, Senior Advisor
Report Authoriser:	Stephen Lamb, Environmental Strategy Manager Kataraina O'Brien, General Manager, Strategic Engagement
Purpose:	Informing Council of the financial and administrative arrangements for Tauranga Moana Te Mana o Te Wai project.

Tauranga Moana Iwi Group Representatives - Te Mana o Te Wai Project

Executive Summary

Te Mana o Te Wai funding from the Ministry for the Environment has been secured by a tangata whenua group for a project to build the capacity and capability of tangata whenua to participate in freshwater management. The value of funding from Ministry of Environment is $1,963,174. The project is named Ko Wai Mātou’ (KWM) and is centred around Tauranga Moana. The project will be delivered with the support of Council by the Tauranga Moana Advisory Group Iwi Representatives (the Iwi Representative Group) who comprise Ngāi Te Rangi, Ngāti Ranginui and Ngāti Pūkenga.

During the process of finalising the project’s setup and Council’s support for it (use of LTP Funding), it became apparent that the MfE grant funding had to go to a legal entity which the applicants were not set up for. To ensure the funding was secured for this work within Tauranga Moana, MfE agreed that Council could act as the interim holder of the grant funding. This arrangement will only continue until a legal entity is established by Tauranga Moana Advisory Group Iwi Representatives and all activities under the Funding Agreement pass to the new entity.

The project itself will be overseen by a Project Steering Group made up of three Tauranga Moana iwi leaders and one representative from Toi Moana. Operationally, the ‘Ko Wai Mātou’ project team will be established and led by a project manager to implement and deliver the project on the ground.

This report recommends that Council approves this funding arrangement including the financial and administration arrangements for the project and the associated Memorandum of Understanding between Bay of Plenty Regional Council and the Iwi Representative Group.

Recommendations

That the Regional Council:

1 Receives the report, Tauranga Moana Iwi Group Representatives - Te Mana o Te Wai Project.

2 Approves the approach to the financial and administration arrangements for the project on behalf of the Iwi Representative Group.

3 Delegates to the Chief Executive the signing of a Funding Agreement between Bay of Plenty Regional Council and the Ministry for Environment, and the signing of a Memorandum of Understanding between Bay of Plenty Regional Council as contract holder and the Tauranga Moana Group Iwi Representatives who will deliver the project through Ko Wai Mātou.

1. Introduction

This report seeks a decision to approve the approach to financial and administrative arrangements to support a Te Mana o Te Wai Project for Tauranga Moana. The arrangements will cover a Funding Agreement between the Ministry for Environment and Bay of Plenty Regional Council and a Memorandum of Understanding between Bay of Plenty Regional Council and Tauranga Moana Advisory Group Iwi Representatives, a collective comprising Ngāi Te Rangi, Ngāti Ranginui and Ngāti Pūkenga.

This report also seeks the approval to delegate the signing of the contract and Memorandum of Understanding between Bay of Plenty Regional Council and the Iwi Representative Group to the Chief Executive.

The report provides the following information:

1. The project

2. The financial and administrative support by Bay of Plenty Regional Council

3. The benefits to Council

4. A brief comment on LTP funding.

This matter has been brought to Council because while the funding is MfE grant funding ($1,963,174) Council will be accepting some responsibility for delivery and therefore Council approval of the approach is warranted.

1.1 Alignment with Strategic Framework

A Healthy Environment	We manage our natural resources effectively through regulation, education and action.
Freshwater for Life	We recognise and provide for Te Mana o Te Wai (intrinsic value of water).
The Way We Work	We honour our obligations to Māori.

2. Tauranga Moana Iwi Representative – Te Mana o Te Wai

2.1 The Project

Tauranga Moana Advisory Group Iwi Representatives (Iwi Representatives Group) comprise three iwi, Ngāi Te Rangi, Ngāti Ranginui and Ngāti Pūkenga, who, as a collective, aim to build the capacity and capability of their people to be trained in, participate in, and make decisions for freshwater management.

The Iwi Representatives Group has been successful in securing grant funding of approximately $1,963,174 from the Ministry for Environment (MfE) through their Te Mana o Te Wai Fund to deliver a capability development programme to 30 June 2025. The funding will be paid out over 10 instalments throughout the project period upon completion of project activities with the contract concluding at the end of June 2025.

The primary objectives of the programme are 1) to build the capacity and capability of Māori to participate in and make decisions for freshwater management, including implementation of Government’s Essential Freshwater reforms and 2) to help Māori improve the health of the freshwater bodies that are of importance to them. The four kōawa are identified in the map below numbered 2 to 5.

The funding will support the establishment of Ko Wai Mātou, a project team who will deliver the 23-month programme. The project team will consist of a project leader, project coordinator, 4 hapū project leads, 18 kaitiaki assessors and 3 flow technicians.

The initial stages of the programme will include Toi Moana along with the project lead establishing their project administration and information technology systems, procuring essential equipment for up to 7 FTE’s and formalising service level agreements with Toi Moana. With guidance from the Project Steering Group, KWM will prepare their work programme, annual workplan, training schedule and communication plan. The project team will prepare tool kits for each waahi kōawa and develop a framework to measure the health of the kōawa. Ko Wai Mātou will review fieldwork equipment needs and obtain necessary approvals from Toi Moana and the Project Steering Group to procure such equipment to enable fieldwork and data collection to be done. This will help inform their decision-making processes in relation to freshwater management.

Toi Moana will commission a consultant to lead the preparation of an inaugural ‘State of Wai’ report for the Tauranga Moana rohe. At least two workshops will be held between the consultant and project team to develop the final report further. Ko Wai Mātou will activate hapū project teams and flow technicians to conduct monitoring and assessment of their kōawa at no less than 3 monthly intervals. Ko Wai Mātou will also map all known puna within the sub catchment area.

The second component of this programme is building the capability of whānau (including rangatahi), hapū and iwi through a series of Wānanga to be held throughout the project timeline. This is to raise their awareness of freshwater management and Council processes but also to capture traditional stories. Participants will be able to discuss their aspirations and opportunities centred on the four kōawa. Further Wānanga will be held:

1. To gauge feedback from whānau on the ’State of Wai’ report and its ongoing development.

2. To collate and review respective iwi cultural narratives for Māori values, wai management, science research and frameworks, customary practices at the four koawa sub- catchment locations.

3. To gather the views of whānau and hapū members on values, objectives and attributes that give effect to Te Mana o te Wai in Tauranga Moana.

By the conclusion of the programme, Ko Wai Mātou would have trained their project team, have held meaningful engagement with whānau, hapū and iwi to inform their position on Te Mana o Te Wai, completed the ‘State of Wai’ report, completed flow preference study, and have presented their findings to the Tauranga Moana Iwi Group Representatives. Ko Wai Mātou aim to complete a publication, ‘Aku Taumatawai Kōrero’, that profiles the wai and kaitiaki including traditional narratives, karakia, waiata and short film. Ko Wai Mātou will evaluate their project and present findings to Toi Moana, Tauranga Moana Iwi Group Representatives, Ministry for Environment, and the whanau and hapū of the four waahi kōawa.

2.2 Financial and Administrative Arrangements

Ministry for Environment Funding Agreement

Funding from the Ministry for Environment was awarded to the Tauranga Moana Iwi Group Representatives. A condition of this funding is that it goes to a legal entity. However, as the Iwi Representatives Group do not yet have an established legal entity, it became necessary to settle on an external legal entity outside of the three-participating iwi. To ensure the funds were secured into the region, Council offered to act as the legal entity in the interim until such time as an entity can be established by the iwi. This somewhat novel arrangement has been agreed to by MfE.

It is envisaged that such an entity would be established within the next 6 to 12 months and a novation clause has been included in the arrangements so that when the new entity is created, the Funding Agreement and any project obligations and responsibilities will shift across to the new entity.

In the interim, this arrangement sees the Council as responsible for project delivery as well as providing administrative and financial management support to the Iwi Representative Group and Ko Wai Mātou, who will deliver the project.

Under this arrangement, the Bay of Plenty Regional Council will be responsible as the signatory to the funding agreement, to receive and hold the funds, to ensure the project is initiated, that the project team ‘Ko Wai Mātou’ is established and able to deliver the project (pending transfer to the new entity). The responsibilities include:

• To receive the funds from the Ministry for Environment on behalf of the Tauranga Moana Iwi Group Representatives;

To employ a project manager as a key point of focus for the project and a project coordinator as well as all subcontractors. Council processes would support the project manager and project coordinator to initiate the project and establish the project team;

• To pay all costs and expenses upon approval from the Project Steering Group ; and

• To provide all project and financial reporting to the Ministry for Environment and the Tauranga Moana Advisory Group Iwi Representatives.

The Ministry for the Environment have indicated a proposed signing of the funding agreement for Monday, 22 August 2023.

Memorandum of Understanding

To ensure clear lines of operation and transparency, a Memorandum of Understanding (MOU) – see attached - has been drafted between the Iwi Representatives Group and Bay of Plenty Regional Council. The MOU outlines the practical steps to receiving and making payment (funding administration), dispute resolution and termination procedures, confidentiality, and information clauses.

It is important to note that the Funding Agreement and Memorandum of Understanding are the administrative mechanisms needed to enable the Ministry for Environment to pass funding to a legal entity.

2.3 Benefits to Council

This project is supported by the Ministry for Environment and Bay of Plenty Regional Council as the programme is designed ‘by iwi, for iwi’. It is a collaboration between three iwi of Tauranga Moana, Ngāi Te Rangi, Ngāti Ranginui and Ngāti Pūkenga to build and uplift the capacity and capability of their people to actively participate in and to make decisions on freshwater management.

From a Council perspective, this is a good opportunity to work collaboratively with the Ministry for Environment and iwi, and to utilise alternative mechanisms to support iwi initiatives.

The Council will be involved in the programme to ensure contract obligations and responsibilities are met to Ministry for Environment’s satisfaction, and until such time as the project is transferred to the new entity.

The series of wānanga to be held with whānau, hapū and iwi enables them to have a deeper appreciation and understanding of Te Mana o Te Wai and the Council’s planning processes. Wānanga provides a forum for whānau, hapū and iwi to feedback on issues relevant to them and how they wish to see the health of their koawa maintained and/or improved. This in turn may contribute to Council’s NPSFM planning processes.

2.4 LTP Funding

Funding of $300,000 was allocated in the 2021-23 Long Term Plan to support this project. This funding was over a proposed three-year timeframe for the project. This timeframe is now condensed to 23 months given the time it has taken to finalise the Funding Agreement.

It is anticipated that this Council LTP funding will partially be used in addition to the MfE funding to support the project initiation and establishment of personnel.

Separate to financial support, the project will draw on technical expertise from within Council (eg. including science and monitoring training) which the project team can take up as and when required. This practical hands-on support will uplift the capability of the project team and complement their mātauranga Māori approaches.

3. Considerations

3.1 Risks and Mitigations

There is no financial risk to the Bay of Plenty Regional Council as the funding is being provided by the Ministry for Environment. If the project is unable to be delivered the funding does not get paid out. In such a case Council may have some residual risk associated with setting up the project team. It is the Ministry’s role to ensure their deliverables and reporting requirements are met by the Council and the Project Steering Group before payment is made. The Council’s LTP funding (the minor part of the project costs) will support two fixed term roles (the project lead and project coordinator) to get the project started. The establishment of the project team will require resourcing from Toi Moana staff in the initial months. A small, dedicated team will support the project lead to commence the project. The Memorandum of Understanding that will be in place sets out the arrangements with the Tauranga Moana Advisory Group Iwi Representatives (including the need for a Terms of Reference for the Project Steering Group) to provide clarity on each group’s role. There is a strong relationship growing between all parties to ensure this project’s success. Importantly, this arrangement is only an interim measure until the iwi form their legal entity and all obligations and responsibilities will be novated to that entity.

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. The impacts of climate change are likely to be a subject that is raised as part of the project delivery.

3.3 Implications for Māori

This project is a ‘by iwi for iwi’ approach that is supported by the Bay of Plenty Regional Council and Ministry for Environment. It will have a wider reach to connect with whānau and hapū across the three iwi within Tauranga Moana. The outcomes of the project would also contribute to Council’s freshwater programme and in general will contribute to lifting capacity and capability.

3.4 Community Engagement

This project is focussed around tangata whenua and outcomes for Tauranga Moana. Community engagement is not specifically part of the project deliverables but the connection through to the Essential Freshwater Programme will link to community engagement. The project will, through relationships and sharing of information, connect to other projects that are occurring in and around the area.

3.5 Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget (LTP funding). MfE grant funding will be paid to Council who will pay for project delivery via contracting arrangements. Once the external legal entity is established Council will have no financial management responsibilities.

4. Next Steps

A Memorandum of Understanding has been drafted which will outline arrangements between Council and the Tauranga Moana Advisory Group Iwi Representatives. A Terms of Reference for the Project Steering Group has also been drafted. The project team, Ko Wai Mātou, will lead and deliver the project on the ground.

The Ministry for Environment have indicated a potential signing date of the Funding Agreement for Monday, 22 August 2023, at which time the signing of the Memorandum of Understanding can also be signed with the Tauranga Moana Advisory Group Iwi Representatives. It is proposed that the authority to sign on behalf of Council is delegated to the Chief Executive

Staff are currently working internally to ensure the financial and administration frameworks are ready to support project initiation and establishment of the project lead and project coordinator roles.

Attachments

Attachment 1 - MOU KoWaiMaori Project TMAG Iwi Reps and BOPRC ⇩



Report To:	Regional Council
Meeting Date:	9 August 2023
Report Writer:	Gillian Payne, Principal Advisor; Mark Le Comte, Principal Advisor, Finance and Kumaren Perumal, Chief Financial Officer
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	For Council to receive the Statements of Intent for the Quayside Group

Statements of Intent for Quayside Group, including Toi Moana Trust

Executive Summary

This report completes the Council process for the Quayside Holdings Group Statements of Intent (SOI) for 2023-2026, which includes the SOI for Toi Moana Trust.

To date, this has included:

· Council’s statement of expectations for the Quayside Holdings Limited and Toi Moana Trust

· Council consideration of the draft SOIs

· The Quayside Board considering Council’s feedback on the draft SOIs.

This paper presents the SOI for the Quayside Holdings (QHL) parent organisation and the consolidated financials, Attachment 2. The statements of intent for subsidiaries of QHL and the Toi Moana Trust (TMT) are included in the same attachment. A covering letter (Attachment 1) provides context and addresses the matters raised by Council through this process.

The legislative requirement is that the completed SOIs must be adopted by the Quayside Board and delivered to the shareholder by 30 June 2023, and this requirement was met.

There is no specific requirement for Council to adopt the SOIs.

Recommendations

That the Regional Council:

1 Receives the report, Statements of Intent for Quayside Group, including Toi Moana Trust.

2 Agrees that no further formal feedback is required on the Quayside Group Statements of Intent.

1. Introduction

QHL is a Council Controlled Trading Organisation (CCTO) which includes several subsidiaries.

Schedule 8 of the Local Government Act (2002), (LGA), requires Council Controlled Organisations to deliver to shareholders their completed Statements of Intent (SOI) before the financial year to which it relates.

1.1 Legislative Framework

The requirements and process for completing the SOI is set in the LGA sections 64, 64A, 64B and Schedule 8.

Council may, by resolution, require the CCO Board to make changes to the SOI. Before making such a resolution Council must consult with the CCO Board.

1.2 Alignment with Strategic Framework

A Healthy Environment
Freshwater for Life
Safe and Resilient Communities
A Vibrant Region	We invest appropriately in infrastructure to support sustainable development.
The Way We Work	We deliver value to our ratepayers and our customers.

QHL manages Council’s major financial investments to achieve a return on funds invested. The income, in the form of dividends from QHL and the TMT, is an important part of Council’s financial strategy and reduces the general rates requirement.

The balance of investment income is used to grow the investment portfolio to improve the portfolio diversification and provide intergenerational benefits that will contribute to future wellbeing.

In addition, QHL is leading the development of Rangiuru Business Park as a project which will provide significant regional benefit.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

¨ Social

þ Economic

Medium - Positive

2. Quayside Holdings Group Statements of Intent

This report completes the Council process for the Quayside Group SOI. To date, this has included:

• Council’s statement of expectations for the QHL and TMT (December 2022)

• Council consideration of the draft SOIs and provision of feedback (April 2023)

• The QHL Board considering Council’s feedback on the draft SOIs and approving the final SOI (June 2023).

QHL has sent an explanatory letter (Attachment 1) and final SOI for QHL, its subsidiaries and joint ventures (Attachment 2). The SOI for TMT is Appendix 6 (pages 43-48) of Attachment 2.

There are no significant differences between the QHL final SOI and the draft SOI which was received by Council on 16 March 2023. The final SOI includes updated information about governance matters including that QHL will establish an Investment Committee to support the Board in investment decision-making during the 2024 financial year. Terms of reference and membership of the committee are currently being finalised.

At a workshop on 12 April 2023, Council considered QHL’s draft SOI and provided feedback. Matters raised by Council through this process have been addressed in the covering letter from the QHL Chair.

QHL dividends and distribution policy

The forecast dividend for 2023/24 is $45 million which matches Council’s approved Annual Plan budget. The actual dividend will be determined by Quayside and set in line with the Dividend Policy and include factors based on the 30 June 2023 actual asset values, and the inflation rate.

QHL signalled in both the draft and final SOIs their desire to review the dividend policy but have noted Council’s desire to defer the review until after the 2023/24 dividend setting process. The covering letter also notes that there will be direct engagement with Council to discuss the capital structure review, future investment returns and the sustainability of current corporate settings.

3. Toi Moana Trust Statement of Intent

There are no material differences between the TMT SOI and the draft TMT SOI which was received by Council on 16 March 2023.

Dividends of $3.5 million per year are expected for the next three years, 2023/24 to 2025/26, based on $70 million (face value) invested in TMT. The Chair notes in his covering letter that TMT is currently performing above the benchmark targeted Internal Rate of Return (IRR) of 5%, due to the high-quality bond portfolio which is delivering a return of 5.7% IRR, inclusive of cash, taxes and capital gains.

4. Considerations

4.1 Risks and Mitigations

QHL manages a diversified portfolio of investments to mitigate individual investment risks. Council and QHL staff meet regularly to discuss treasury operations and risk management.

The dividend policy provides Council with some exposure to changing values of the QHL and TMT investment portfolios. This provides both risk and opportunity and balancing these will be part of Council’s discussion in setting its Financial Strategy through the development of the forthcoming 2024-2034 Long Term Plan.

4.2 Climate Change

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

4.3 Implications for Māori

The implications for Māori are directly related to rates required and are of a financial nature only. QHL has investments that directly benefit Māori.

4.4 Community Engagement

INFORM

Whakamōhio

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

The Statements of Intent are published on Council’s website.

4.5 Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget. Actual dividends received from QHL in 2023/24 will be confirmed based on audited figures for 2022/23.

5. Next Steps

Staff will continue to work closely with QHL on group treasury and tax matters, which is business as usual. Over the next year staff will work more closely with QHL on matters that relate to the development of Council’s Financial Strategy, which will be part of the Long Term Plan 2024-2034, including the implications of Quayside’s capital structure review.

Attachments

Attachment 1 - Covering letter Quayside Group Statement of Intent 2023/24 ⇩

Attachment 2 - Final Quayside Group Statements of Intent 2023/24 ⇩



Report To:	Regional Council
Meeting Date:	9 August 2023
Report Writer:	Mark Le Comte, Principal Advisor, Finance; Evaleigh Rautjoki-Williams, Digital Manager (Chief Digital Officer); Kumaren Perumal, Chief Financial Officer and Gillian Payne, Principal Advisor
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	For Council to receive the Regional Software Holdings Limited’s Statement of Intent.

Regional Software Holdings - Statement of Intent 2023/24

Executive Summary

Regional Software Holdings Limited’s (RSHL) is a jointly owned Council Controlled Organisation (CCO).

It is a collaboration between Regional Councils to provide a range of services and support functions that leads to efficiencies and savings for the benefit of all ratepayers across the sector.

Following consultation, in 2022/23 Bay of Plenty Regional Council became a shareholder of this CCO to facilitate the delivery of joint projects that will benefit from the scale and resource/skill pool that will come from councils working together.

The final Statement of Intent for 2023/24 has been approved by the Board of the CCO, and is included for information.

Recommendations

That the Regional Council:

1 Receives the report, Regional Software Holdings - Statement of Intent 2023/24.

2 Agrees that no formal feedback is required on Regional Software Holdings Limited’s Statement of Intent 2023/24.

1. Introduction

Following consultation, Bay of Plenty Regional Council joined RSHL during the 2022/23 financial year. The current Board of the CCO is made up of Chief Executives, or a senior staff member from some of the shareholding organisations.

The number of councils that are joint shareholders make it impracticable, and unadvisable to have all councils represented.

There are also two independent members on the Board, including Mr Bruce Robertson, that make up the full membership. Fiona McTavish has been appointed (as an unremunerated member of the Board, along with other council staff representatives), recognising her extensive and relevant experience and skills as a board member.

1.1 Legislative Framework

The requirements and process for completing the SOI is set in the LGA sections 64, 64A, 64B and schedule 8. The council-controlled organisation’s board must deliver the final SOI to shareholders, however, there is no requirement for Council to adopt or approve the SOI.

1.2 Alignment with Strategic Framework

A Healthy Environment
Freshwater for Life
Safe and Resilient Communities
A Vibrant Region
The Way We Work	We look to partnerships for best outcomes.

RSHL provides a vehicle for enabling collaboration and shared services, which helps to minimise cost across the regional sector.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

¨ Social

þ Economic

Low - Positive

Further guidelines available here.

2. Regional Software Holdings Limited’s Statement of Intent

RSHL has delivered its final SOI (attachment 1.)

RSHL supports more and better collaborative outcomes across the sector. This is delivered through initiatives and projects to deliver outcomes identified by shareholding councils.

There are a number of live joint projects at various stages of development and maturity listed in the SOI. Some of these have been developed with central government funding support. Historical successes for the founding shareholding council organisations included the ‘IRIS software’ platform, used by six participating Regional Councils for their regulatory functions.

One of the current initiatives being delivered, by the shareholding councils with RSHL, is the updated Integrated Regional Information System ‘Next Generation’ (IRIS NextGen) programme. The programme will deliver efficiencies to all participating councils through a standardised and customer-centric set of processes for the activities of regional councils. This will be supported by a modern single sector wide technology platform.

RSHL and nine member councils will replace the IRIS/Accela software platform via IRIS NextGen within the next 4 years. IRIS NextGen will be a cloud-based Software as a Service solution based on the established Datacom Datascape platform.

Over the next two years IRIS NextGen will enable the regional sector to build the IRIS NextGen software solution by defining and agreeing sector wide good practice. IRIS NextGen will deliver a modern software platform to councils, including an online customer portal and a mobile field application.

Along with the software solution, the programme will implement consistent “good practice” processes for the sector. This will promote operational excellence and efficiency, demonstrate collaboration at a sector level and ensure the development of the technical solution is fit for purpose.

3. Considerations

3.1 Risks and Mitigations

There are no significant risks associated with this SOI. Risks associated with individual initiatives delivered by RSHL are managed within those projects and Programmes.

3.2 Climate Change

Crtl + click for guideline material.

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

Crtl + click for Guideline material.

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

Consider identifying in the report:

INFORM

Whakamōhio

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

Council consulted on becoming a shareholder of RSHL in 2022. The RSHL SOI will be available on Council’s website.

3.5 Financial Implications

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

4. Next Steps

The RSHL SOI will be published on Council’s website.

Attachments

Attachment 1 - Regional Software Holdings Limited Statement of Intent ⇩



Report To:	Regional Council
Meeting Date:	9 August 2023
Report Writer:	Tone Nerdrum Smith, Committee Advisor
Report Authoriser:	Karen Aspey, General Manager, People & Leadership
Purpose:	For Council to choose its Electoral System for the 2025 Local Government Elections

Electoral (Voting) System for 2025 Local Government Elections

Executive Summary

Council is asked to consider the electoral (voting) system it wishes to use for the 2025 Local Government Election.

Any resolution to change the current electoral system from First Past the Post (FPP) to Single Transferrable Vote (STV) must be passed before 12 September 2023. If there is no Council resolution, the status quo (FPP) will remain. If Council resolves to change its voting system from the current system, then the new voting system must apply for the next two elections.

Recommendations

That the Regional Council:

1 Receives the report, Electoral (Voting) System for 2025 Local Government Elections.

2 Pursuant to Section 27 of the Local Electoral Act 2001 agrees to:

(a) Retain the First Past the Post electoral system for the Bay of Plenty Regional Council for the 2025 triennial election;

(b) Change to the Single Transferable Voting electoral system for the Bay of Plenty Regional Council for the 2025 and 2028 triennial elections;

(c) Undertake a poll of electors on the electoral system to be used by the Bay of Plenty Regional Council for the 2025 and 2028 triennial elections;

(d) Do nothing (mandating the status quo of First Past the Post electoral system).

3 Notes that public notice must be given no later than 19 September 2023 of the decision and the right of electors to demand a poll on the electoral system to be used.

1. Introduction

Council is required to publicly notify its choice of electoral system and the right for electors to demand a poll on the electoral system to be used by 19 September 2023. A valid demand for a poll must be made in writing, signed by at least 5% of eligible electors, i.e. a minimum of 11,512 elector signatures.

A presentation (Attachment 1) outlining the differences in the two voting systems and providing information regarding which councils’ use the different systems may assist members in determining its electoral system preference.

Of the 78 local authorities in New Zealand, 14 used STV for the 2022 elections. In the Bay of Plenty region, only Tauranga City Council uses STV, however there was no TCC election in 2022. All other authorities (Western Bay, Whakatāne, Ōpōtiki, Kawerau, Rotorua and Taupo) currently use FPP, although this may change as they make determination on their voting systems in coming weeks.

1.1 Electoral Systems

The Local Electoral Act 2001 provides for local authorities and their communities to choose either of the following as their electoral system for local elections:

· first past the post (FPP) or,

· single transferable vote (STV).

A change of electoral system can be achieved by:

· Council resolution, or

· a favourable outcome of a poll of electors. This poll may be:

o demanded by electors, or

o the result of a Council resolution.

Council is required to consider its electoral system by 12 September 2023.

1.2 Options

Council may choose any of the following options:

· Retain FPP for the 2025 election;

· Change to STV for the 2025 and 2028 elections;

· Undertake a poll of electors on the electoral system to be used for the 2025 and 2028 elections;

· Do nothing – status quo of FPP remains.

1.3 Future for Local Government Review Panel’s Recommendation

In its final report of June 2023 - He piki tūranga, he piki kotuku - the Review Panel for the Future for Local Government recomends the use of STV across all councils and that this be a legislative requirement, rather than the current practice of local authorities being able to choose between systems. The rationale behind this recommendation includes:

· The ‘winner takes all’ system (FPP) is poorly equipped to represent a population’s diversity; whereas (STV) can improve representativeness by transferring votes and avoiding ‘wasted ballots’;

· Considered that STV promotes greater diversity;

· Potential conflict of interest where elected members perceive they have an increased chance to win under a particular system.

1.4 Analysis of Voting Systems

Both FPP and STV have advantages and disadvantages.

The advantages of FPP relate to the simplicity of the process including the ways votes are cast, counted and announced.

The disadvantages of FPP relate to:

• disproportional election results, including the generally ‘less representative’ nature of FPP councils

• the obstacles to minority candidate election

• the number of wasted votes.

Overall, the advantages of STV, on the other hand, relate to the people who get elected using STV. The system potentially achieves:

• broad proportionality (in multi-member wards/constituencies)

• majority outcomes in single-member elections

• more equitable minority representation

• a reduction in the number of wasted votes.

The disadvantages of STV relate to:

• the public are less familiar with the system and possibly find it harder to understand

• matters of process such as the way votes are cast and counted (for example perceived complexity may discourage some voters)

• the information conveyed in election results.

The following table identifies further advantages and disadvantages of both electoral systems:

First Past the Post (FPP)	Single Transferrable Vote (STV)
casting votes FPP is a straightforward system of voting. FPP is familiar to most people.	casting votes STV is a less straightforward system of voting. There is a need for more information for people to understand the STV ranking system of candidates.
“Tactical” voting is possible; votes can be used with a view to preventing a candidate from winning in certain circumstances.	It is virtually impossible to cast a “tactical” vote under STV. As a result, voters are encouraged to express their true preferences by voting for as many or as few candidates as they wish.
counting votes FPP is a straightforward system for counting votes.	counting votes STV vote counting requires a computer program (the STV calculator).
Votes can be counted in different locations (by the two election providers) and then aggregated by the Electoral Officer in one location.	Votes can be recorded in different locations (by the two election providers) then aggregated by the Electoral Officer in one location.
Election results are usually announced soon after voting ends.	Election results will usually take a little longer to produce, but not significant.
election results Official results show exactly how many people voted for which candidates.	election results Official results will identify which candidates have been elected and which have not and in which order in an iteration report which shows how many votes candidates have received.
Results are easy to understand.	Results are easy to understand.
A “block” of like-minded voters can determine the election of multiple candidates in multi-member wards/ constituencies, without having a majority of the votes, thereby ‘over-representing’ themselves.	STV moderates “block” voting as each voter casts only one single vote, even in multi-member wards/ constituencies.
The overall election results may not be proportional to voters’ wishes and may not reflect the electoral wishes of the majority of voters, only the largest group of voters who may not be the majority.	The overall election results reflect the wishes of the majority of voters in proportion to their support for a variety of candidates.
In single-member elections, the winner often does not have the majority of votes, just the largest group of votes.	In single-member wards/constituencies, the winner will have the majority of votes (preferences).
There will be more “wasted” votes (votes that do not contribute to the election of a candidate).	Every vote is as effective as possible (depending on the number of preferences indicated) meaning there are fewer “wasted” votes and more votes will contribute to the election of a candidate than under FPP.
Costs FPP processing costs are lower than for STV.	Costs STV election processing costs are around 30% higher than FPP processing costs (approximately $45,000).

1.5 Legislative Framework

The Local Electoral Act 2001 provides for the electoral systems that can be used by local authorities. Sections 27 – 32 outlines the process for choosing and changing the system:

· Section 27 states that Council may resolve that the next two triennial general elections…will be held using a specified electoral system other than that used for the previous triennial general election. Such resolution must be passed no later than 12 September 2 years prior to the next election;

· Section 28 states that the public notice of the voting system for the next triennial election must be given no later than 19 September, 2 years prior to the next election.

1.6 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.

1.6.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

þ Cultural

Medium - Positive

þ Social

Medium - Positive

þ Economic

Medium - Positive

2. Considerations

2.1 Risks and Mitigations

There are no significant risks associated with the matter of choosing the electoral system.

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 provisions for the public to demand a poll of the voting system for the 2025 (and 2028) triennial election provides Māori with the opportunity to get actively involved in the voting system for the Bay of Plenty Regional Council’s next triennial election.

2.4 Community Engagement

Publicly notifying the ability for the public to demand a poll of the voting system for the 2022 triennial election provides the wider community with the opportunity to get actively involved in the voting system for the Bay of Plenty Regional Council’s next triennial election.

Timeframes are as follows:

· 12 September 2023: A local authority MAY resolve to retain or change the electoral system (from the system it used at the 2025 general election) for the next triennial election.

· 19 September 2023: A local authority MUST give public notice of the right of 5% of the electors to demand a poll on the future electoral system for the next two triennial elections and, if a resolution has been made by a local authority by 12 September, then this must be included in the notice.

· 18 December 2023: A 90-day period MUST be given following the public notice allowing electors to gather sufficient signatures to demand that a poll be held to change the electoral system for the next two triennial elections.

· 22 February 2024: A local authority MAY resolve to undertake a poll of electors on a proposal that a specified electoral system be used for the next two triennial elections.

· 21 May 2024: If EITHER a successful demand has been received by 21 February 2024 to hold a poll, OR a resolution has been made by a local authority by 21 February 2024, then a poll MUST be held by 21 May 2024 to take effect for 2025 and 2028.

2.5 Financial Implications

If a successful demand for a poll is received the estimated cost to undertake a poll (separately from an election) is approximately $750,000 which is unbudgeted in the 2023/24 financial year.

3. Next Steps

Any resolution passed by Council at this meeting with regards to the voting system for the 2025 triennial election will be publicly notified as soon as possible after the meeting, well in advance of the legal deadline of 19 September 2023.

Attachments

Attachment 1 - Electoral System Summary ⇩



Report To:	Regional Council
Meeting Date:	9 August 2023
Report Writer:	Kim Boyer, Executive Assistant - General Manager and Reuben Fraser, General Manager, Regulatory Services
Report Authoriser:	Reuben Fraser, General Manager, Regulatory Services
Purpose:	To obtain endorsement for the nomination of Chris Brewer as a Civil Defence Emergency Management Alternate Group Controller

Bay of Plenty Civil Defence Emergency Management Alternate Group Controller Nomination

Executive Summary

This report seeks the endorsement by Regional Council for the nomination of Chris Brewer, Team Leader – People Experience and Projects, Bay of Plenty Regional Council as a Civil Defence Emergency Management Alternate Group Controller under Section 26(2) of the Civil Defence Emergency Management Act 2002.

Recommendations

That the Regional Council:

1 Receives the report, Bay of Plenty Civil Defence Emergency Management Alternate Group Controller Nomination.

2 Endorses the nomination of Chris Brewer, Team Leader – People Experience and Projects, Bay of Plenty Regional Council as a Civil Defence Emergency Management Alternate Group Controller under Section 26(2) of the Civil Defence Emergency Management Act 2002.

1. Introduction

The Bay of Plenty Civil Defence Emergency Management Group is required to appoint suitably qualified and experienced persons to serve in the roles of Group Controller and alternate Group Controllers.

The Bay of Plenty Civil Defence Emergency Management Group may also appoint suitably qualified and experienced persons to serve in the roles of Local Controller and alternate Local Controllers.

Mark Crowe, Manager Operations, Emergency Management Bay of Plenty serves as the appointed Group Controller.

1.1 Legislative Framework

1.1.1 Civil Defence Emergency Management Act 2002 Section 26(2)

A Group must appoint, either by name or by reference to the holder of an office, at least one suitably qualified and experienced person to be the person or persons who are to perform the functions and duties and exercise the powers of the Group Controller on the occurrence of a vacancy in the office of Group Controller or the absence from duty of the Group Controller for any reason, for the duration of the vacancy or absence.

1.1.2 Bay of Plenty Civil Defence Emergency Management Group Policy for the appointment and development of controllers – May 2013

The policy provides that alternate Group Controllers be identified by the Chief Executive of the Bay of Plenty Regional Council in consultation with the Chair of the Coordinating Executive Group.

1.2 Alignment with Strategic Framework

A Healthy Environment
Freshwater for Life
Safe and Resilient Communities	We work with our partners to develop plans and policies, and we lead and enable our communities to respond and recover from an emergency.
A Vibrant Region
The Way We Work

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

þ Social

Low - Positive

¨ Economic

Further guidelines available here.

2. Nomination

Chris Brewer is currently the Team Leader – People Experience and Projects. He has been in formal leadership roles at Toi Moana Bay of Plenty Regional Council since 2017 and has significant leadership, mentoring and coaching roles within and outside of Toi Moana including the New Zealand Defence Force Reserve Army.

Chris has had response experience having served as the Group Emergency Coordination Centre Operations Manager over numerous events.

Chris has completed all the pre-requisite courses and is and enrolled to attend the Response and Recovery Leadership Programme offered by Response & Recovery Aotearoa New Zealand (RRANZ) in August 2023.

3. Considerations

3.1 Risks and Mitigations

There are no significant risks associated with this matter.

3.2 Climate Change

Crtl + click for guideline material.

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

Crtl + click for Guideline material.

There are no implications for Māori as a result of this decision.

3.4 Community Engagement

Consider identifying in the report:

Engagement with the community is not required as the proposed recommendation relates to internal Council matters only.

3.5 Financial Implications

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

4. Next Steps

Following the endorsement by Council for the nomination of Chris Brewer, as a Civil Defence Emergency Management Alternate Group Controller, the next steps are;

· Seeking the endorsement of the Bay of Plenty Civil Defence Emergency Management Coordinating Executive Group at their meeting on 25 August 2023.

· Seeking appointment by the Bay of Plenty Civil Defence Emergency Management Group Joint Committee at their meeting on 29 September 2023.



Report To:	Regional Council
Meeting Date:	9 August 2023
Report Writer:	Angela Foster, Communications & Engagement Manager
Report Authoriser:	Kataraina O'Brien, General Manager, Strategic Engagement
Purpose:	Share residents awareness survey results and confirm next steps.

2023 Residents Awareness Survey Findings

Executive Summary

This report outlines key findings and proposed actions from the 2023 residents awareness survey along with information about the survey’s methodology and commentary on external factors that likely influenced the results.

Survey findings represent a snapshot of community perception at one point in time and will be used to inform the development of the next Long Term Plan and improve Council’s communications and community engagement work. 2023 results were compared against benchmarks from Council’s 2018 and 2020 residents surveys for deeper analysis of trends.

2023 results show there is a substantial lack of understanding of what services Council performs, and this is unchanged from previous years. What has changed is the perceived value of these services now that Council is billing ratepayers directly and that people are more likely to be feeling financially stressed in the current economy.

The findings have confirmed the continuing issue Councils have in gaining cut through in communications, trust with the community and clarity around the work they do and the roles assigned to different types of councils in New Zealand.

Recommendations

That the Regional Council:

1 Receives the report, 2023 Residents Awareness Survey Findings.

2 Approves the planned next steps:

· Review communications and engagement stakeholder mapping and activity to ensure key communities and stakeholders are receiving the right information and messaging.

· Use the 2023 rates invoice mail out to reinforce and highlight the work we do and the value that we add through a supporting flyer.

· Launch a visibility advertising campaign to raise awareness about who we are, what we do and the value we bring to connect our communities with Council.

· Use the LTP process to signal change and connect with the community.

· Explore whether the residents survey could be conducted at a sector level to drive efficiencies and allow for benchmarking with other regions.

1. Introduction

Earlier this year Ipsos was engaged as an independent market research provider to conduct a survey of Bay of Plenty residents, asking questions to build a representative and holistic community snapshot of perception of Council’s performance. The survey findings can be compared against results from Council’s 2018 and 2020 surveys and provide a useful benchmark at the start of a new Long Term Plan period.

Council aims to conduct a residents survey every second year around the same time of year for consistency. In 2021 the decision was made to postpone the survey by a year to avoid clashing with the rates collection project and the election. This year the questionnaire was pared back to focus mainly on residents’ knowledge of Council’s activities and perceptions of Council’s communications and performance.

Residents surveys are influenced by factors both within and outside the control of Council, this report will outline key findings from the research plus contextual and methodological changes for the 2023 survey compared to previous years.

1.1 Alignment with Strategic Framework

The Way We Work

We continually seek opportunities to innovate and improve.

We provide great customer service.

We deliver value to our ratepayers and our customers.

Regular residents awareness surveys allow Council to check in with the community and seek opportunities to innovate and improve.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

þ Cultural

Low - Positive

þ Social

Low - Positive

þ Economic

Low - Positive

The residents awareness survey indirectly supports the delivery of community well-beings.

2. Methodology

Sample quality and representation is vital for residents surveys as it directly influences the nature of the results obtained. For the 2023 residents awareness survey a new provider was selected to enable different methodologies that would increase the response rate and reduce costs.

2.1 Previous survey methodology

The 2020 residents survey was conducted mid-2020 using a mixed method of land-line phone and postal questionnaires. We found this methodology limited responses from some hard-to-reach demographics like Māori and youth, forcing a reliance on heavily weighted results from these demographics. Landline phone interviews also skew heavily to older, more female demographics, and those predisposed to doing surveys.

2.2 2023 survey methodology

For the 2023 survey the sample sources and methodology were improved to avoid over-reliance on methods proven to produce skewed samples. As a result a more diverse and representative sample has been obtained, and one which has required less weighting. These improvements were attained by using:

· An online survey conducted via six opt-in consumer panels. These respondents opted-in to complete surveys in exchange for small rewards such as retail vouchers. As such, they are not as motivated to participate on the basis of survey subject as those who have to take the time to complete and post-back postal questionnaires. This helps to ensure a more representative sample and reduce self-selection bias.

· An online survey that respondents were invited to participate in via posted letters. Letter recipients were drawn at random from the Electoral Roll (including the Māori Roll). Those reached via this channel without online access were given the option to be interviewed by phone (11 phone interviews were conducted), reducing the digital access bias.

· An online survey promoted via online advertising managed by an advertising agency. Using this approach allowed for specific sub-regions and demographics to be targeted, further broadening the reach of the survey.

The 2023 survey used a representative sample of n=971. All results were weighted by demographic to ensure findings were statistically representative. This methodology provided a level of confidence of +/- 3.5 percentage points, Ipsos has provided assurance this is satisfactory and in line with similar surveys in New Zealand.

2.3 Survey length

Previous residents surveys took around 20 minutes to complete, which served as a barrier and hindered response rates. For the 2023 survey non-essential questions were removed to make the survey more succinct, cutting survey completion time down to 5-8 minutes. The 2020 survey covered customer service questions which are now asked in through the Zendesk platform providing more accurate, real-time insights, and could be removed from the 2023 survey. Care was taken to retain continuity in question design to enable benchmarking and trend identification.

3. Operating Context

The last few years have produced well-documented changes in New Zealand society. COVID-19, the associated rise in polarising social media, disinformation and conspiracy politics, increased crime and a cost-of-living crisis have all reduced trust in public institutions.

3.1 Rising distrust in government

Ipsos New Zealand has recorded growing dissatisfaction with the Government’s performance over the last three years, and reports that surveys conducted for Local and Central government agencies have experienced notable falls in response rates.

3.2 Cost of living crisis

At the time the 2023 residents survey was conducted, 63% of New Zealanders said the cost of living was their number one issue of concern. Under such stress, costs such as rates are understandably perceived with increased negativity, and so too the perceived value gained from such payments.

3.3 Rates collection

The impact of invoicing rates directly since 2022 will likely have significantly impacted results. While Council is now communicating more directly with ratepayers through rates collection, this increased awareness also brings increased scrutiny about efficacy, efficiency and perceived value.

3.4 Legislative changes

The current stream of legislative change coming from Central Government and increased environmental regulation could be influencing perception of Council.

3.5 Other external factors

There were no significant advertising campaigns or media incidents while the survey was live that would have impacted results.

4. Key Findings

A summary of insights from the survey are listed below and a report on survey findings is included with this report.

4.1 Awareness of core services

In line with previous years, more than half of residents felt they had little to no knowledge of the difference between services provided by regional council and those provided by their local city or district council.

Those feeling least knowledgeable are from Ōpōtiki, are Māori, and aged 18-44. Retirees feel the most knowledgeable. There is no difference in awareness between ratepayers and non-ratepayers.

The proportion who feel they have a good degree of knowledge has remained unchanged at a fifth of residents. Whakatane residents are significantly more likely to feel knowledgeable about the difference between the services provided and residents in Opotiki residents feel the least knowledgeable.

4.2 Council Reputation

Perception of Council’s overall performance has fallen significantly since 2020. Measures of Trust, Confidence in Council Leadership, and Confidence in making Good Financial Decisions have all declined substantially compared to 2020.

4.3 Perceived Value for Money

Compared to 2020 there has been a significant drop in those who feel that Council provides good quality services to ratepayers or prioritises the services that are most important. Only a quarter of residents are satisfied that they receive good value for the money they spend on rates and other fees. Ratepayers clearly think they are getting less value for money than non-ratepayers.

One in four people did not know that the average regional rates bill was reduced on average by $350 per property through subsidies from Quayside Holdings Limited.

4.4 More communication from Council

The proportion of people who are satisfied with the Council’s communications, community involvement and engagement has significantly declined compared to 2020, as well as clarity and ease of understanding of communications, and overall openness and transparency. In 2020 25% were ‘satisfied’ or ‘very satisfied’ with Council’s communications, which rose to 39% in 2023.

Respondents indicated that the number one thing Council could do to improve satisfaction was to improve communication. 65+-year-olds (44%) and 45 – 64-year-olds (41%) are significantly more likely to have said more information and better communication would increase satisfaction levels.

Understandably, those who felt they were knowledgeable about council’s services rated the communications better in every way. Yet the fact that the proportion of people feeling knowledgeable about the Council is the same as in previous years, means that the decline in communications satisfaction cannot be attributed to a change in activity knowledge.

4.5 Perceptions of Council’s overall performance

Compared to the previous years we have seen a decrease in those who are satisfied with the overall performance of Council, with the share of dissatisfied people doubling, and ratepayers particularly being dissatisfied. In the face of a recession, coupled with increased rates and direct rates billing, people are eager to learn what these rates are being spent on.

4.6 Perception of value for money

Compared to 2020, we see a decrease in those who agree that Council provides good quality services to ratepayers or prioritises the services that are most important. A quarter of residents are satisfied that they receive good value for the money they spend on rates and other fees, a 16% drop from 2020.

Four in five people did not know that the average regional rates bill was reduced on average by $350 per property through subsidies from Quayside Holdings Limited. This was a new question added and therefore we can’t compare against a benchmark.

5. Considerations

5.1 Risks and Mitigations

There is high reputational risk associated with poor community perception of Council. As a local government organisation with obligations to the community it is critical we strive to foster positive engagement with all demographics in the Bay of Plenty. If residents don’t have a clear understanding of what we do, they will likely not have the information needed to engage with Council.

Mitigation of the risks associated with poor community perception of Council are outlined in the recommendations section of this report.

5.2 Climate Change

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

5.3 Implications for Māori

This report does not have direct implications for Māori however the residents survey findings help to improve Council’s communications and engagement with Māori.

Data was collected from a statistically representative sample of Bay of Plenty residents that reflects the population within the Bay of Plenty region. Survey results were analysed by demographic enabling analysis of service performance and customer satisfaction levels with Māori.

5.4 Community Engagement

INFORM

Whakamōhio

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

5.5 Financial Implications

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

6. Next Steps

Proposed next steps are outlined in the recommendations section of this report.

6.1 Conclusions

Survey results show there is a substantial lack of understanding of what services Council performs, and this is unchanged from previous years. What has changed is the perceived value of these services now that Council is billing ratepayers directly and that people are more likely to be feeling financially stressed in the current economy.

Survey results alone do not tell a rich story, it is essential to pair survey responses with context to understand the findings and how they reflect what was happening in the community at the time of the survey.

Only by raising awareness and appreciation of the services being delivered will the Council and its rates be appreciated and valued.

Attachments

Attachment 1 - Supporting Document Placeholder ⇩



Report To:	Regional Council
Meeting Date:	9 August 2023
Report Writer:	Stephanie Macdonald, Community Engagement Team Leader; Ben Parker-Haar, Programme Coordinator (Organisational Performance); Graeme Howard, Corporate Planning Lead; Steve Groom, Governance Manager; Pim De Monchy, Coastal Catchments Manager and Angela Foster, Communications & Engagement Manager
Report Authoriser:	Kataraina O'Brien, General Manager, Strategic Engagement
Purpose:	This paper provides an overview of how the Community Participation Action Plan was delivered in the last year, and where teams are looking to progress outcomes for community in the next twelve months.

Community Participation Impact Area- Annual Report

Executive Summary

An aware, informed, engaged and active community underpins a healthy local democracy. Whether volunteering on environmental programmes, standing for or voting in council elections, or providing valuable feedback, it’s critical we work hand in hand with our community.

Impact areas were identified during the development of the 2021 Long Term Plan to help move the dial in key focus areas. The Community Participation action plan, approved by council in December 2021, aims to deliver on four focus areas and support transformational shifts for community. This work is delivered by a cross organisational network. Regular updates are provided by functional teams to council in operational papers and weekly councillor updates.

This paper provides an overview of how the Community Participation Action Plan was delivered in the last year, and outlines work that will help drive impact in the next twelve months.

Recommendations

That the Regional Council:

1 Receives the report, Community Participation Impact Area- Annual Report.

1. Introduction

The Community Participation Impact Area is driving impact across four focus areas; community engagement, community led funding, volunteers and democracy as identified in the Long Term Plan 2021. This Impact Area is progressing alongside the Partnerships with Māori and Climate Change Impact Areas, and the workplan for 2023-2024 is provided.

1.1 The last annual update was reported to council (29 September 2022), and workshops on all three Impact Areas were held with the incoming council in December 2022.

1.2 Alignment with Strategic Framework

A Healthy Environment	We work cohesively with volunteers and others, to sustainably manage and improve our natural resources.
Freshwater for Life	We listen to our communities and consider their values and priorities in our regional plans.
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.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

þ Social

¨ Economic

Fostering meaningful community engagement, community led funding, supporting volunteers and strong democracy are important for public trust and confidence in council. This social licence enables the organisation to work with our community to thrive together, mō te taiao, mō ngā tangata.

2. Focus areas

2.1 Community Engagement

2.1.1 Outcomes delivered in 2022/2023

Council engages with the community to varying degrees on a broad range of issues and decision-making processes. In addition to formal processes and statutory requirements, key highlights from the last twelve months include:

- Active participation in Careers Expos across the rohe. This was in direct response to feedback from young people that they were unfamiliar with our work or potential career paths. These events prioritised accessible, relatable and meaningful engagement resulting in face to face interaction with more than 2,000 young people.

- Digital tools are increasingly allowing council to connect with new audiences.

More than 5,000 people have signed up as members to the online Participate platform, including 1,780 new members in the last year.

Council has also launched a TikTok account with over 1,000 followers, the new social media channel has seen some significant successes and is enabling us to get messaging to a younger demographic who might not otherwise receive information from Council.

Remix, an interactive mapping tool was integrated into the Tauranga Bus network refresh engagement allowing the community to explore proposed changes in more detail than ever before.

- The School Sustainability and Resilience Fund is a small-scale fund that empowered our community, in particular youth, to support their preferred projects. 732 online voters helped allocate $35,000 of funding with over 11,000 views on the page during the project. A panel of 13 young people allocated the remaining $15,000. Community can see the direct impact of their participation through techniques like participatory budgeting driving greater youth engagement.

2.1.2 Building on progress in 2023/24

Historically, participation in council engagement has not represented the full spectrum of our community. This is a nation-wide challenge that was reflected in the final report from the Future for Local Government panel. This aligns with the Open Government Partnership (OGP) National Action Plan commitment to improve community engagement, the plan aims to explore how innovative, deliberative, democratic processes can be adapted and used to improve citizen engagement in the New Zealand context.

Approaches to public participation are continuously evolving. A workshop with councillors is proposed to explore engagement methods that can help strengthen relationships with community and broaden our reach.

Within council, the Significance and Engagement Policy sets a minimum standard for Council engagement practices and Council may wish to consider reviewing the policy to encourage greater innovation, inclusion and equity. Guidance from this workshop could also inform the engagement approach for the Long Term Plan.

2.2 Volunteers

2.2.1 Outcomes delivered in 2022/2023

The Bay of Plenty Regional Council currently has 68 care or catchment groups it supports financially with a signed agreement and a small number it supports with technical support only. Five new care group were supported last year. The 68 groups had 5,313 volunteers participate completing an estimated 58,264 hours of work.

The Regional Council supported 25 groups directly with the additional LTP funding allocated. The resource also assisted the Coast care volunteers network with approximately 25,000 plants. The range of activities supported varied from new interpretation panels, signage, tools, traps, volunteer training and an additional 30,000 plants planted in our coastal environment.

The resourcing also assisted the remaining 43 groups with access to shared resources such as an improved App for data storage, tools, new technology and access to subject matter experts to help facilitate better practices and knowledge from outside our region.

The fund helped acknowledge the tremendous work carried out by one of our oldest care groups the Manawahe Kokako Trust who celebrated 25 years volunteering.

The Eastern land management team also purchased a number of trail cameras and a thermoscope to enable care groups to gather better monitoring information on their projects and activities. This has already led to improvements in trap placement and methodologies. In Ōpōtiki the Hukutaia Domain care group were able to determine that roosting peacocks were responsible for the invasion of weeds in their area. The cameras picked up these birds entering the domain at night and roosting in the trees ‘depositing”, weed seeds below before heading off in the morning. The peacocks were “moved on” as a result.

2.2.2 Building on progress in 2023/24

No change in policy or resourcing for volunteers is proposed as the current approach is well-received by the environmental volunteering community and achieves good outcomes for Council.

Staff will continue to report against the three volunteer measures annually, being the number of Care Groups supported by Council, the number of participants in those Care Groups and associated activities, and an estimate of the number of hours spent volunteering. The primary source of data to report against these measures is Te Kete Taiao (the Care Group App). While this app is widely used, there are still a number of Care Groups who choose not to use it. We will continue to encourage its uptake but respect the decision of those groups who cannot.

2.3 Funding for Community-led Projects

2.3.1 Outcomes delivered in 2022/2023

Council provides funding to support projects that are aligned to council outcomes and that tap into and build on the enthusiasm and skills held by members of our community. Examples and highlights from 2022/23 include:

- Council allocated $50,000 to support 'Taking back our beaches', a documentary focusing on the community response during the Rena grounding through Council’s Annual Plan 2023/24 deliberations. The documentary is due for release in cinemas in late 2023. This was funded via Council’s Community Initiatives Fund (CIF). CIF provides funding to projects that contribute to Council’s outcomes, and that are not eligible for other Council funding. The majority of CIF funding was allocated though the Long Term Plan 2021.

- Updated and published ‘A helping hand’. This guide provides information on funding and advice available to community groups from BOPRC, other Councils and other organisations for environmental projects.

- 25 Environmental Enhancement Fund (EEF) projects were approved in 2022/23 with $241,000 of the $300,000 budget allocated, the total value of applications received was $390,000. EEF supports local projects that aim to enhance, preserve, or protect the region's natural or historic character and a summary of the projects funded is available on Council’s website.

- Funding agreements were put in place for the five organisations that received funding through Council’s Regional Safety and Rescue Service Fund in early 2023.

2.3.2 Building on progress in 2023/24

In addition to operating existing funds and managing existing funding agreements, key areas of focus for 2023/24 includes:

- A review of the Regional Safety and Rescue Service Fund ahead of the next funding round, which is due to be held in early 2024.

- Confirming levels of future community funding and funding approach through the development of the LTP 2024-2034.

2.4 Democracy

2.4.1 Outcomes delivered in 2022/2023

Our work in this area has focused primarily on two areas:

- Ensuring voters were well informed in the lead-up to the 2022 Council elections and were encouraged to participate; and

- Ensuring transparency of Council business

2022 Council election

Elections presented an opportunity for the public to have their say, hear from candidates and that voting was made as convenient as possible.

To enable this we undertook a range of measures, including:

- Facilitating three independently hosted “meet the candidate” events across the region in Tauranga, Rotorua and Whakatāne

- Advertising community organised and led ‘meet the candidates’ events in Kawerau, Katikati and Matatā on the Council website

- Funding of up to $300 towards reasonable costs for community organisations to hold “Meet The Candidates” events was made available. Three community organisations received funding under this initiative

- Providing enrolment packs at each office reception and at community events attended by staff including community geothermal meetings, Instep Young Leaders, Canvas Careers expo, Edgecumbe Careers Evening

- Advertising in a range of media across the region to encourage potential candidates to consider standing for council, and encourage voter participation.

- Updating elections information on the council website, including linking to external independent sources of information, for example the Spinoff website resource for voters in local body elections.

Transparency of Council business

Making the business of council as transparent and accessible as possible is central to building trust and encouraging participation in decision making. In addition to adhering to legislative requirements around publishing agendas and minutes on the Council website, we have:

- Progressively increased our public live-streaming of Council business, with all core Committees being live-streamed and recordings subsequently being made available on our YouTube channel.

o Across all meeting types in the period 1 July 2022 to 30 June 2023 41 meetings (50%) were live-streamed, including 100% of core Council Committees^[1^]

o This is an increase from the 2021/22 year, during which 39% of all meetings were live-streamed and 84% of core committees were live-streamed.

- Limited the number of publicly excluded items, to ensure that discussion and decisions happen in the open. Across all meeting types in the period 1 July 2022 to 30 June 2023, a total of 451 items of business were considered, of which 397 (or 88%) occurred in the open.

- Made Regional Council workshops open to the public.

2.4.2 Building on progress in 2023/24

Over the coming year we intend to build on this work, with key initiatives including:

- Progressively increasing the live-streaming and public recording of meetings (the governance team has a KPI to drive performance in this area)

- Progressively reducing the business conducted in public excluded sessions (the governance team has a KPI to drive performance in this area)

- Undertaking a representation review, which will be widely consulted on with the public in early 2024

- Considering relevant recommendations of the Future for Local Government panel report, and working with Council on associated initiatives that may serve to enhance democracy in our region.

3. Considerations

3.1 Risks and Mitigations

Community participation in local government is important to ensure the widest range of options are considered. It also enables important work that would not occur without the support of volunteers or community leadership. Poorly delivered community participation could result in reputation loss, distrust of decision making, reduced social capital, and environmental degradation.

New Zealand is one of 76 countries signed up to the Open Government Partnership. The goals of the Community Participation Impact Area are consistent with the aims of the National Action Plan to increase openness, transparency, democratic participation, and government accountability.

3.2 Climate Change

Linkages are made regularly between the three Impact Areas for planning, delivery and reporting purposes.

Actions in the Community Participation action plan support the adaptation and mitigation of the impacts of Climate Change through the support of Future Fit (an online carbon emissions monitoring tool), funding community led sustainability actions, and supporting volunteers to carry out environmental initiatives.

3.3 Implications for Māori

While Community Participation has implications for Māori, the Partnerships with Māori Impact Area and will be reporting to Komiti Māori in August. Linkages are made regularly between the three Impact Areas for planning, delivery and reporting purposes.

In addition to specific Partnerships with Māori work, meaningful engagement with community requires genuine efforts to connect with Māori beyond the formal post-treaty settlement entities. An example of this is that in the Essential Freshwater programme, in addition to the Kaupapa Māori workstream working with Iwi and hapū, community drop-in sessions have also been held on marae, with collateral and online material that incorporates Te Reo Māori.

3.4 Community Engagement

INFORM

Whakamōhio

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

This report summarises key highlights and future actions for community participation. Community Engagement on this will occur as appropriate through policy review processes such as the Significance and Engagement Policy and the Representation Review.

3.5 Financial Implications

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

4. Next Steps

Actions for each focus area in 2023-2024 are outlined above and attached as an appendix.

Attachments

Attachment 1 - Community Participation Action Plan- Revision for 2023-2024 ⇩

[1] This excludes the inaugural Council meeting for the 2022-2025 Triennium and the Executive Employment Committee.