Agenda of Regional Council - Wednesday, 22 November 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.



Report To:	Regional Council
Meeting Date:	22 November 2023
Report Writer:	Adam Fort, Principal Advisor - Strategic Planning
Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science Antoine Coffin, Manager, Spatial Planning
Purpose:	To adopt the Rotorua Future Development Strategy 2023-2053 which has been jointly prepared by Rotorua Lakes Council and Toi Moana Bay of Plenty Regional Council.

Adoption of the Rotorua Future Development Strategy 2023-2053

Executive Summary

The purpose of this report is to seek adoption of the Rotorua Future Development Strategy 2023-2053 (FDS). This follows recent deliberations and approval by the FDS Joint Committee under delegated powers in their Terms of Reference. Regional Council representatives on that Joint Committee are Councillors’ Thurston, White and Nees. Rotorua Lakes Council are also considering adoption of the FDS at their meeting on 22 November, hence the request to consider this item on the same day.

The Deliberations report prepared by the Joint Committee Independent Chair Greg Hill is attached as Attachment 1, and the revised version of the FDS will be distributed separately as Attachment 2 for formal adoption by Bay of Plenty Regional Council (BOPRC) subject to formatting and editorial improvements. Chair Greg Hill will be available at the meeting to speak to this item if required.

The FDS has been prepared under the National Policy Statement on Urban Development (NPS-UD) requirements for a tier 2 urban environment, including following a Special Consultative Procedure under the Local Government Act. It has been a collaborative project involving staff from the two local authorities, as well as involvement from other partners.

The purpose of the FDS is to provide the basis for strategic and long-term planning of urban growth in and around the Rotorua urban area for the next 30 years. It is required to inform the integration of land use planning with infrastructure planning and funding decisions, especially decisions on Rotorua Lakes Council’s long-term plan 2024-34 and infrastructure strategy.

The next steps are to publish the FDS and prepare the FDS Implementation Plan.

Recommendations

That the Regional Council:

1 Receives the report, Adoption of the Rotorua Future Development Strategy 2023-2053;

2 Adopts the Te Tuhinga Hukihuki o te Rautaki Whakawhanake i te Āpōpō o Rotorua / Rotorua Future Development Strategy 2023–2053;

3 Receives the Deliberations report on behalf of the Rotorua Future Development Strategy Joint Committee;

4 Notes that Rotorua Lakes Council is also considering a recommendation to Adopt the Rotorua Future Development Strategy 2023–2053 on 22 November 2023;

5 Notes that once the final version is published on the Council websites, the Rotorua Future Development Strategy 2023–2053 replaces the Rotorua Spatial Plan 2018;

6 Agrees that the Acting Chief Executive of Rotorua Lakes Council has delegation to approve any final minor edits and amendments to enable the graphics version of the Rotorua Future Development Strategy 2023–2053 to be finalised and published.

1. Introduction

BOPRC last discussed the Rotorua FDS at its 4 May 2023 meeting, when a temporary FDS Joint Committee between BOPRC and Rotorua Lakes Council was being established to act as the hearings panel, alongside other duties. Since then, the Joint Committee has considered all of the submissions and written feedback and held hearings on 28-29 August and 14 September 2023. The hearings were followed by deliberations and then formal approval on 24 October of a revised draft FDS with a range of agreed amendments.

Rotorua Lakes Council are also considering a similar report and recommendations at their 22 November meeting so an Extraordinary BOPRC meeting was arranged to consider the adoption of the Rotorua FDS on the same day. Both councils are considering the same revised version, which will be distributed separately as Attachment 2 to this report.

The FDS recognises the significant growth planning already undertaken by Rotorua Lakes Council through strategic documents and District Plan changes in recent years. This includes Plan Change 9 (Housing for everyone) which utilises the Intensification Planning Instrument to provide greater development capacity within the existing Rotorua urban areas in accordance with the statutory requirements of the NPS-UD and the Resource Management Act as amended in 2021. The FDS supports intensification within the existing urban area in accordance with the Proposed version of Plan Change 9, to create a well-functioning urban environment.

1.1 Legislative Framework

The requirements for a FDS are set out in detail in Part 3 of the National Policy Statement for Urban Development 2020 (NPS-UD). The NPS-UD subpart 4 states that every tier 1 and 2 local authority must prepare and make publicly available a FDS for the relevant urban environment. Rotorua Lakes Council and BOPRC are tier 2 local authorities ‘jointly responsible’ for the Rotorua FDS under the NPS-UD.

Section 3.15 of the NPS-UD sets out minimum consultation requirements for developing an FDS. It is important to note that the Rotorua FDS has followed the Special Consultative Procedure (s83) under the Local Government Act. As such there is no provision for appeals to the Environment Court, rather appeals are limited to points of law to the High Court or judicial reviews. The Draft FDS was approved by Rotorua Lakes Council for consultation on 17 May 2023 and publicly notified for submissions from 1 June to 17 July.

The NPS-UD requires that the Rotorua FDS must:

• be completed in time to inform the draft long-term plan 2024-34

• show broad locations for growth and supporting infrastructure

• show constraints on development

• assess the advantages and disadvantages of different ‘Spatial Scenarios’

• include a statement of iwi and hapū aspirations

• be informed by the most recent Housing and Business Capacity Assessment (completed by Rotorua Lakers Council in 2022)

• follow a Special Consultative Procedure under s83 the Local Government Act 2002.

It is expected that the Rotorua FDS will inform the Regional Land Transport Plan, other strategies and plans prepared by local authorities and be a document that a Council has regard to when changing relevant District and Regional plans.

1.2 Alignment with Strategic Framework

A Vibrant Region	We contribute to delivering integrated planning and growth management strategies especially for sustainable urban management.
The Way We Work	We look to partnerships for best outcomes.

The Rotorua FDS Joint Committee was a successful governance partnership with delegation to provide direction under the NPS-UD process. The NPS-UD directs Rotorua Lakes Council and BOPRC to jointly prepare an FDS and set the strategic direction for urban growth management in and around Rotorua city.

The FDS will be updated as required every three years following the completion of the next housing and business capacity assessment, with a comprehensive review and associated community engagement required after 6 years.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

Working in partnership on the Rotorua FDS at a technical and governance level contributes to all four well-beings. The FDS is required to support well-functioning urban environments that ‘enable all people and communities to provide for their social, economic, and cultural wellbeing, and for their health and safety, now and into the future’.

With regard to environmental well-being specifically, the Te Arawa 2050 vision recognises as a priority that the wellbeing of our taiao is intimately connected with the wellbeing of people. As part of supporting this vision, Te Tatau o Te Arawa developed a Wellbeing Compass that seeks to place the wellbeing of people, culture and te taiao at the core of Rotorua’s future housing provision and urban development at a range of scales from the city through to an individual site.

2. Options

Note that decisions on the merits of the detailed content of the Rotorua FDS are not within the scope of this report. Membership of the FDS Joint Committee has enabled BOPRC elected members to have influence over decisions regarding that content during deliberations.

The Council’s options are:

a) Adopt the FDS, that was approved by the FDS Joint Committee

b) Do not adopt or delay adoption of the FDS that was approved by the FDS Joint Committee

The preferred option is option (a) to adopt the FDS and enable the preparation of the Implementation Plan.

Any significant delay to adopting the FDS at this point would result in failure to meet statutory requirements in the NPS-UD. Any risks associated with potential Central Government policy change can be accommodated within the 3-yearly FDS review cycles, noting that the requirements sit under the NPS-UD 2020 as updated in July 2022. Any repeal of legislation and/or significant subsequent amendments to the Resource Management Act 1991 are likely to take 2 years or more to complete.

3. Considerations

3.1 Risks and Mitigations

The key risks are identified as:

• Timeline – Any significant delay to adopting the FDS at this point would result in failure to meet statutory requirements in the NPS-UD and create uncertainty with respect to decision-making on Rotorua District Plan changes (particularly Plan Change 9), the Regional Land Transport Plan, and infrastructure planning and investment through the long-term plans 2024-34 for both councils.

• Financial – Infrastructure and funding decisions may not align with the preferred growth scenario for Rotorua urban areas as set out in the FDS. The separate FDS Implementation Plan will explore the options for this. Any changes in future budgets will be considered through future Annual Plans and/or Long Term Plans.

• Effect on the community – As part of the statutory process for the development of the FDS the Council has undertaken a consultative process in accordance with s83 of the Local Government Act 2002. Not everyone in the community will agree on the approach in the strategy and the sites/locations identified to accommodate future growth, however the FDS is mandatory and is a response to projected population growth. It also provides some level of certainty for the development community.

3.2 Climate Change

Mitigation			Adaptation
Reduce GHG emissions	Produce GHG emissions	Sequester carbon	Anticipate climate change impacts	Respond to climate change impacts
☒	☐	☐	☒	☒

Objective 8 of the NPS-UD requires that our urban environments:

· support reductions in greenhouse gas emissions; and

· are resilient to the current and future effects of climate change.

Given this key statutory objective, and the definition of well-functioning urban environments in Policy 1 of the NPS-UD, the decisions made in preparing the Rotorua FDS were fundamental to climate action from both a mitigation and adaptation perspective. Planning decisions around urban form, development and infrastructure are critical as they lock in our emissions trajectory. In this regard the Rotorua FDS takes a compact city approach that supports efforts to reduce travel by private vehicles as the population grows. Likewise for adaptation, resilience to the effects of climate change and natural hazards is one of the key outcomes sought by the FDS over the long term.

3.3 Implications for Māori

Council has responsibilities to Māori under the LGA and the RMA. We are required to meet those responsibilities and identify any potential implications for Māori. Please consider including this section for reports going to all committees. The following questions will aid your analysis:

Crtl + click for Guideline material.

Te Matakitenga a Te Arawa / Te Arawa 2050 Vision is a key guiding document for tāngata whenua and expresses Te Arawa iwi and hapū aspirations at a strategic level. In this context, Te Tūāpapa o nga Wai o Te Arawa sets out Te Arawa values in relation to the long-term aspirations for the Te Arawa Lakes. See the FDS for more detail and maps showing whenua Māori, Marae, and cultural villages.

As outlined under Community Engagement below, a series of workshop sessions were held with iwi and hapū to inform preparation of the Draft FDS before public notification. The focus of these sessions was to shape the statement of iwi and hapū aspirations, which forms an integral part of the FDS and is a mandatory section under the NPS-UD requirements.

See the Deliberations Report of the Joint Committee in Attachment 1 for more detail on iwi and hapū engagement.

3.4 Community Engagement

What level of engagement is council commited to? What actions will be taken

Consider identifying in the report:

• Council’s knowledge of community views on the subject.

• What aspect of the community is involved.

• How the views of the community were obtained.

• How the views were recorded and reported.

CONSULT

Whakauiuia

To obtain input or feedback from affected communities about our analysis, alternatives, and /or proposed decisions.

A comprehensive programme of engagement was undertaken to prepare the Draft FDS prior to notification, including:

· Early consultation and engagement with neighbouring territorial authorities and BOPRC to ensure a broad level of consistency across the region;

· Engagement prior to notification with Rotorua’s Planning and Development Technical Advisory Group made up of government departments, agencies, BOPRC staff and iwi partners;

· A wider programme of engagement over a series of meetings and workshops with iwi and hapū, community groups, agencies, schools, local consultants, developers, and business/industry representatives; and

· Engagement throughout the process with mana whenua and iwi authorities.

The FDS was publicly notified for submissions from 1 June-17 July 2023 and followed the Special Consultative Procedure pursuant to the requirements of the NPS-UD.

In total there were 109 written submissions received. The Joint Committee considered all of the submissions and written feedback and held hearings on 28-29 August and 14 September 2023 to hear those submitters who wished to be heard.

The majority of submitters supported the draft FDS in general. See the Deliberations Report of the Joint Committee in Attachment 1 for detailed discussion of the engagement process and the decisions on specific submissions.

3.5 Financial Implications

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

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

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

The Rotorua FDS preparation has been completed within current 2023-24 budgets for staff time and a contribution towards the costs for consultants and the Independent Chair of the FDS Joint Committee. It should be acknowledged that most of the staff and other project costs of the FDS project over the past two years have been met by Rotorua Lakes Council as the core territorial authority.

3.5.1 Future Budget implications

The financial implications of the proposed staged implementation of the Rotorua FDS are not yet known. The next step is the preparation of the FDS Implementation Plan which will provide detailed actions for how and when the FDS will be implemented over the next 30 years. The FDS Implementation Plan will be regularly updated as required by the NPS-UD.

The delivery of the FDS actions will be led and coordinated by Rotorua Lakes Council with the input of partners, and will require steps such as District Plan changes and the development of business cases. Associated BOPRC costs to support this work will be considered through the development of the Long-term Plan and subsequent annual plan processes.

Note that the FDS implementation relies upon public transport network extensions and increased services over the medium and long term to meet Rotorua’s projected population growth and emissions reduction ambitions. The feasibility of the timing for and investment in such network improvements will need to be discussed in the context of future Regional and National Land Transport Plans, requiring the support of BOPRC, Rotorua Lakes Council and Waka Kotahi as funding decision makers. These public transport matters will be considered as part of BOPRCs long-term plan 2024-34 and/or future annual plan processes.

4. Next Steps

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

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

Once the FDS is adopted by both local authorities, any editing and formatting amendments will be made. Staff from Rotorua Lakes Council will then publish the FDS along with appropriate joint Communications to support this.

Work will then commence on the FDS Implementation Plan, involving staff from both councils, central government agencies, tāngata whenua, key stakeholders and infrastructure providers as appropriate.

Attachments

Attachment 1 - Appendix 1 Rotorua FDS Joint Committee Deliberations Report 03-11-23 ⇩

Attachment 2 PLACEHOLDER - Revised RFDS ⇩(to be distributed separately)



Report To:	Regional Council
Meeting Date:	22 November 2023
Report Writer:	Kim Boyer, Executive Assistant - General Manager
Report Authoriser:	Reuben Fraser, General Manager, Regulatory Services
Purpose:	To obtain endorsement for the nomination of Nassah Rolleston-Steed 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 Nassah Rolleston-Steed, Principal Advisor – Policy and Planning, 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 Nassah Rolleston-Steed, Principal Advisor – Policy and Planning, 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

2. Nomination

Nassah Rolleston-Steed is currently a Principal Advisor – Policy and Planning within the Strategy and Science Group.

Nassah has 25 years local and regional government experience in various planning, resource management and team leader roles.

He has experience as Planning Manager for the Group Emergency Coordination Centre on emergency response events within the region.

Nassah has completed the pre-requisite training courses and is enrolled to attend the BRANZ Response and Recovery Leadership Programme in early 2024.

3. Considerations

3.1 Risks and Mitigations

There are no significant risks associated with this matter.

3.2 Climate Change

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

3.3 Implications for Māori

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

3.4 Community Engagement

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 Nassah Rolleston-Steed 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 24 November 2023.

· Seeking appointment by the Bay of Plenty Civil Defence Emergency Management Group Joint Committee at their meeting on 15 December 2023.