Agenda of Regional Council - Thursday, 14 December 2023

Council

Membership

Chairperson	Chairman Doug Leeder
Deputy Chairperson	Cr Jane Nees
Members	All Councillors
Quorum	Seven members, consisting of half the number of members
Meeting frequency	Six weekly or as required for Annual Plan, Long Term Plan and other relevant legislative requirements

Purpose

· Enable democratic local decision-making and action by, and on behalf of, Bay of Plenty communities.

· Meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses.

· Set the overarching strategic direction for Bay of Plenty Regional Council as an organisation.

· Hold ultimate responsibility for allocating financial resources across the Council.

Role

· Address Local Electoral Act matters and Local Government Rating Act matters.

· Oversee all matters relating to identifying and contributing to community outcomes.

· Consider and agree on matters relating to significant new activities or areas of involvement such as infrastructure which are not the responsibility of a specific committee.

· Provide regional leadership on key issues that require a collaborative approach between a number of parties.

· Review and decide the Council’s electoral and representation arrangements.

· Consider issues of regional significance which are not the responsibility of any specific standing committee or that are of such regional significance/high public interest that the full Council needs to decide on them.

· Adopt Council’s Policy on Significance and Engagement Policy.

· Develop, adopt and implement the Triennial Agreement, Code of Conduct and Standing Orders.

· Consider and agree on matters relating to elected members’ remuneration.

· Appoint the Chief Executive, and review their contract, performance and remuneration at least annually.

· Approve all delegations to the Chief Executive, including the authority for further delegation to staff.

· Oversee the work of all committees and subcommittees.

· Receive and consider recommendations and matters referred to it by its committees, joint committees, subcommittees and working parties.

· Approve membership to external bodies and organisations, including Council Controlled Organisations.

· Develop, adopt and review policies for, and monitor the performance of, Council Controlled Organisations.

· Monitor and review the achievement of outcomes for the Bay of Plenty Community.

· Review and approve strategic matters relating to the sale, acquisition and development of property for the purposes of meeting Council’s organisational requirements and implement Regional Council policy.

· Address strategic corporate matters including property and accommodation.

· Consider and agree on the process to develop the Long Term Plan, Annual Plan and Annual Report.

· Adopt the Long Term Plan, Annual Plan and budgets variations, and Annual Report.

· Adopt Council policies as required by statute (for example Regional Policy Statement and Regional Land Transport Strategy) to be decided by Council or outside of committee delegations (for example infrastructure policy).

· Develop, review and approve Council’s Financial Strategy and funding and financial policies and frameworks.

· Institute any proceedings in the High Court that are not injunctive proceedings.

· Exercise the powers and duties conferred or imposed on Council by the Public Works Act 1981.

Delegations from Council to committees

· Council has a role to monitor the functioning of all committees.

· Council will consider matters not within the delegation of any one Council committee.

· Council may at any time, revoke or modify a delegation to a Council committee, either permanently, for a specified time or to address a specific matter, if it considers there is good reason to do so.

· The delegations provided to committees may be further delegated to subcommittees unless the power of further delegation is restricted by Council or by statute.

· It is accepted in making these delegations that:

· The committees, in performing their delegated functions, powers or duties, may, without confirmation by the Council, exercise or perform them in a like manner and with the same effect as the Council itself could have exercised or performed them.

· The delegated powers given shall at all times be subject to their current policies and principles or directions, as given by the Council from time to time.

· The chairperson of each committee shall have the authority to exercise their discretion, as to whether or not the delegated authority of the committee be used where, in the opinion of the chairperson, circumstances warrant it.

Powers that cannot be delegated

Under Clause 32 Schedule 7 of the Local Government Act 2002, Council must make the following decisions:

· Make a rate.

· Make a bylaw.

· Borrow money or purchase or dispose of assets, other than in accordance with the long-term plan.

· Adopt the long-term plan, annual plan, or annual report.

· Appoint a chief executive.

· Adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement.

· Adopt a remuneration and employment policy.

Livestreaming and Recording of Meetings

Please note the Public section of this meeting is being recorded and streamed live on Bay of Plenty Regional Council’s website in accordance with Council's Live Streaming and Recording of Meetings Protocols which can be viewed on Council’s website. The recording will be archived and made publicly available on Council's website within two working days after the meeting on www.boprc.govt.nz for a period of three years (or as otherwise agreed to by Council).

All care is taken to maintain your privacy; however, as a visitor in the public gallery or as a participant at the meeting, your presence may be recorded. By remaining in the public gallery, it is understood your consent is given if your image is inadvertently broadcast.

Opinions expressed or statements made by individual persons during a meeting are not the opinions or statements of the Bay of Plenty Regional Council. Council accepts no liability for any opinions or statements made during a meeting.

Regional Council 14 December 2023

Recommendations in reports are not to be construed as Council policy until adopted by Council.

Agenda

E te Atua nui tonu, ko mātau ēnei e inoi atu nei ki a koe, kia tau mai te māramatanga ki a mātau whakarite mō tēnei rā, arahina hoki mātau, e eke ai te ōranga tonu ki ngā āhuatanga katoa a ngā tangata ki tō mātau rohe whānui tonu. Āmine.

“Almighty God we ask that you give us wisdom in the decisions we make here today and give us guidance in working with our regional communities to promote their social, economic, environmental and cultural well-being. Amen”.

1. Opening Karakia

2. Apologies

3. Public Forum

4. Items not on the Agenda

5. Order of Business

6. Declaration of Conflicts of Interest

7. Public Excluded Business to be Transferred into the Open

8. Minutes

Minutes to be Confirmed

8.1 Regional Council Minutes - 26 October 2023 6

8.2 Regional Council Minutes - 22 November 2023 6

9. Reports

9.1 Chairperson's Report 6

Decisions Required

9.2 Adoption of a Draft Regional Navigation Safety Bylaws 2024 for Consultation 6

Supporting Document 1 - Statement of Proposal FINAL for Council Adoption

Supporting Document 2 - Final Draft Consultation Document for Council Adoption 14 Dec 23

9.3 Adoption for Audit of LTP Consultation Document and Supporting Material

This item will be distributed under a separate cover.

9.4 Te Whare Taonga o Te Arawa (Rotorua Museum) Funding 6

9.5 Engineering Services Panel Contract - additions and updates 6

9.6 Partial Review of the Bay of Plenty Regional Pest Management Plan 6

Attachment 1 - Attachment 1 Biosecurity provisions relating to RPMP review 6

9.7 Hearing Panel recommendations on submissions for Proposed Change 6 (National Policy Statement on Urban Development 2020) to the Regional Policy Statement 6

Attachment 1 - Staff Section 32AA Analysis 6

Attachment 2 - Update to Policy UG 25B: Housing Bottom Lines 6

Supporting Document 1 - Recommendation of an Independent Hearing Panel. Propsoed Change 6 to the Bay of Plenty Regional Policy Statement.

Supporting Document 2 - Version 7.0 of Proposed Change 6 - Panel Recommendation

Supporting Document 3 - Table Summary of all Submissions and Staff Recommendations.

Supporting Document 4 - Hearing Panel Recommendations on Provisions with Submissions and Further Submissions Report

9.8 Acting Chief Executive 6

10. Public Excluded Section

Resolution to exclude the public

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

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

Item No.	Subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Grounds under Section 48(1) for the passing of this resolution	When the item can be released into the public
10.1	Public Excluded Regional Council Minutes - 26 October 2023	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
10.2	Public Excluded Regional Council Minutes - 22 November 2023	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
10.3	Quayside Holdings Limited - Statement of Expectations 2024/25	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	Digital Enterprise Systems Roadmap	Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information.	48(1)(a)(i) Section 7 (2)(b)(ii).	On the Chief Executive's approval.
10.5	New Regional Park opportunities	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.

Minutes to be Confirmed

10.1 Public Excluded Regional Council Minutes - 26 October 2023

10.2 Public Excluded Regional Council Minutes - 22 November 2023

Decisions Required

10.3 Quayside Holdings Limited - Statement of Expectations 2024/25

This item will be distributed under a separate cover.

Attachment 1 - Quayside Holdings Draft Statement of Expectations 2024-2027

10.4 Digital Enterprise Systems Roadmap

Attachment 1 - EDRMS Procurement Exemption_Signed_11-2023

10.5 New Regional Park opportunities

Attachment 1 - Preliminary assessment against 2003 Regional Parks Policy criteria

Attachment 2 - Western Bay of Plenty - funding proposal

11. Public Excluded Business to be Transferred into the Open

12. Readmit the Public

13. Consideration of Items not on the Agenda

14. Closing Karakia

Regional Council Minutes

26 October 2023

Regional Council

Open Minutes

Commencing: Thursday 26 October 2023, 9.30 am

Venue: Council Chambers, Regional House, 1 Elizabeth Street, Tauranga

Chairperson: Chairman Doug Leeder

Deputy Chairperson: Deputy Chairperson Jane Nees

Members: Cr Malcolm Campbell

Cr Stuart Crosby

Cr Toi Kai Rākau Iti – via Zoom

Cr Matemoana McDonald

Cr Kat Macmillan

Cr Ron Scott

Cr Ken Shirley

Cr Paula Thompson

Cr Lyall Thurston

Cr Andrew von Dadelszen

Cr Te Taru White

Cr Kevin Winters

In Attendance: Fiona McTavish – Chief Executive, Mat Taylor – General Manager Corporate, Namouta Poutasi – General Manager Strategy & Science, Reuben Fraser – General Manager Regulatory Services, Chris Ingle – General Manager Integrated Catchments, Kataraina O’Brien – General Manager Strategic Engagement – via Zoom, Karen Aspey – General Manager, People & Leadership, Kumaren Perumal – Chief Financial Officer, Mark Le Comte – Principal Advisor Finance, Nolene Naude – Financial Accounting Team Lead, Tone Nerdrum Smith – Senior Advisor, Governance

Public Forum: Jodie Bruning - Physicians and Scientists for Global Responsibility New Zealand Charitable Trust (PSGR)

Audit NZ: Leon Pieterse – Audit Director, Warren Goslett – Audit Manager

Quayside Holdings Ltd: Keiran Horne – Independent Director and Chair of Audit and Risk Committee, Lyndon Settle – Chief Executive, Brendon Barnes – Chief Investment Officer, Davide Caloni, General Manager Finance

Apologies: None

Opening Statement

Chairman Leeder advised those present in Chambers and via Zoom that the meeting was being livestreamed and recorded and that the recording would be made available on the Bay of Plenty Regional Council website following the meeting https://www.youtube.com/watch?v=PFhi8KkxbcM

Further noted that the Public Forum presentation would be filmed at the request of the speaker, in accordance with Standing Orders 12.4.

1. Opening Karakia

A karakia was provided by Cr Te Taru White.

2. Public Forum

2.1

Jodie Bruning - Physicians and Scientists for Global Responsibility New Zealand Charitable Trust (PSGR): The effects of fluoride in the environment

Presentation - Public Forum Jodie Bruning Fluoridation - Council 26 October 2023 pdf: Objective ID A4517323

Presented By: Jodie Bruning representing PSGR

Key Points:

· Fluoride levels in drinking water were consistently monitored, with other water sources tested less frequently

· There appeared to be no evidenced/research regarding the cumulative effect of fluoride discharge when combined with other chemicals

· Concerned regarding the lack of testing/research by the Environmental Protection Authority (EPA) and the Institute of Environmental Science and Research (ESR) on the effects of fluoride in the environment

· Noted the current legislative changes in progress with regards to developments and its impact on the environment

· Highlighted Regional Council’s obligations, being:

o Implement the NPS-FM 2020

o Give effect to Te Mana o te Wai - ensuring the life-supporting capacity of freshwater

· Outlined the main water pollutants and noted the lack of policy framework/support to minimise/prevent fluoride discharge into the environment

· Concerned regarding Regional Council being silent on combined/cumulative events’ impact on the environment

· Outlined the negative and concerning impact of fluoride on the human body, in particular for children

· Noted that fluoride could cumulate in the body, and that New Zealand had not undertaken a comprehensive review of the available literature with regards to fluoride impacts

· Suggested that BOPRC was unable to carry out its duties due to a lack of policy framework and funding at a national level.

Three Questions for Council:

1. Where does Regional Council store information on the background level of fluoride in freshwater (including groundwater) and sediment across the Bay of Plenty so that the scientific community and civil society may assess whether this level changes.

2. How do the public access all regional resource consents for fluoride emissions into water, and related information which includes the fonnulant mixture, including disclosure of coingredients such as trace metals.

3. Where are regulations (processes) if a body of water (freshwater management unit?) falls below a national bottom line; or is ‘not achieving’ or ‘not likely to achieve’ a target attribute, that would include a requirement for Regional Councils to screen this body of water for a range of environmental contaminants including pesticides, trace metals, pharmaceuticals, fluoride compounds and other potential contaminants.

Key Points - Members:

· Noted the multiagency responsibility for water/environmental health (in particular with regards to fluoride) and how this provided challenges for local and regional councils in considering cumulative effects.

In Response to Questions:

· Fluoridation of water supplies was mandated by Central Government onto local authorities with a deadline for introduction. Non-compliance would result in significant fines.

3. Declaration of Conflicts of Interest

Cr Stuart Crosby: Agenda items 9.7 Quayside Group and Toi Moana Trust Annual Reports for year ending 30 June 2023 (Public), 10.2 Quayside Holdings Limited - Rangiuru Business Park on-lending and 10.3 Tauriko Land Sale.

Cr Te Taru White: Agenda items 9.7 Quayside Group and Toi Moana Trust Annual Reports for year ending 30 June 2023 (Public), 10.2 Quayside Holdings Limited - Rangiuru Business Park on-lending and 10.3 Tauriko Land Sale.

4. Minutes

Minutes to be Confirmed

4.1

Regional Council Minutes - 21 September 2023

Resolved

That the Regional Council:

1 Confirms the Regional Council Minutes - 21 September 2023 as a true and correct record.

Leeder/Nees

CARRIED

5. Reports

5.1

Chairperson's Report

Key Points - Members:

· Noted that the 19 September 2023 catch-up between the Tauranga City Council, Western Bay of Plenty District Council and Bay of Plenty Regional Council Chairs, Mayor and Chief Executives, was a regular, bi-monthly occurrence.

Resolved

That the Regional Council:

1 Receives the report, Chairperson's Report.

Leeder/White

CARRIED

Decisions Required

5.2

Adoption of the Annual Report and Annual Report Summary for the year ended 30 June 2023

Presented by: Kumaren Perumal – Chief Financial Officer, Nolene Naude– Financial Accounting Team Lead

In attendance: Leon Pieterse – Audit Director, Warren Goslett – Audit Manager, Audit New Zealand

Key Points - Staff:

· Provided an outline of the report and the audit process

· Perpetual Preference Shares (PPS) were, from an accounting perspective, considered to be as equity rather than debt, which impacted on the overall debt figure

· The significant adverse weather events had affected Council’s deliverability in the 2022/23 year, and recognised allowances had been insufficient for the intensity experienced. This was being addressed in preparation for future events.

Key Points – Members:

· Noted that the Annual Report had been presented to the Risk and Assurance Committee prior to today’s Council adoption

· Concerned regarding the amount of financial performance targets that had not been met

· Suggested that the inclusion of the Port of Tauranga Directors’ pay in Council’s Annual Report (extracted from the Quayside Holdings’ Annual Report) could cause confusion, as the Councillors’ pay was not separated out in the same manner.

Key Points - Staff:

· Would further clarify the schedule of payments to Directors in the final Annual Report, to minimise potential confusion.

Key Points – Chairman Leeder:

· Recognised the comprehensive process undertaken to deliver the Annual Report, and the significant, highly valued and extensive effort of Council staff.

Resolved

That the Regional Council:

1 Receives the report, Adoption of the Annual Report and Annual Report Summary for the year ended 30 June 2023;

2 Receives the audit report and audit opinion from Audit New Zealand;

3 Adopts the Bay of Plenty Regional Council Annual Report and Consolidated Financial Statements for the year ended 30 June 2023;

4 Adopts the Bay of Plenty Regional Council Annual Report Summary for the year ended 30 June 2023;

5 Authorise the Chief Executive to make minor numerical, editorial or presentation amendments prior to the final publication;

6 Approves the capital expenditure budget carry forward of $25.8 million from 2022/23 to 2023/24.

7 Notes total remissions of $0.8 million were given during 2022/23 which equates to 0.96% of the general and targeted rate revenue.

Crosby/Campbell

CARRIED

5.3

2023/24 Arotake Report: July - September 2023

Presented by: Kumaren Perumal – Chief Financial Officer

Key Points:

· On track on a revenue/expenditure as per the Year to Date forecasting

· Insight tool demonstration would be provided to Councillors

· The current underspend in operational expenditure was due to timing

· The flood protection budget was being carried forward and the deliverability review of the programme was included in the discussion

· Staff was aware of the lack of on/off Bee Card tagging, which impacted on the accuracy of bus patronage, and were consistently pursuing opportunities to educate users on the importance to register their trips.

Key Points - Members:

· Suggested that the bus patronage numbers in the report were lower than the actual numbers as Council relied on Bee Card data, and school children often did not swipe on/off

· Concerned regarding the lack of maritime emergency services at the East Cape if there was a ship disaster like the Rena grounding.

Resolved

That the Regional Council:

1 Receives the report, 2023/24 Arotake Report: July - September 2023;

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

(a) Bancorp Treasury Report Sept 2023 under Section 48(1)(a)(i) Section 7 (2)(b)(ii) as withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information and that this attachment remain in Public Excluded.

Leeder/Nees

CARRIED

5.4

Delegations under the Natural and Built Environment Act

Presented by: Rachel Boyte – Legal Counsel, Hayley Sheridan – Legal Counsel and Namouta Poutasi - General Manager Strategy & Science

Key Points:

· The delegations were a result of enactment of the Natural and Built Environment Act (NBEA) 2023

· Noted that the recent Central Government election might impact on this legislative framework, however as the NBEA was currently in effect, it needed to be reflected in Council’s delegations.

Resolved

That the Regional Council:

1 Receives the report, Delegations under the Natural and Built Environment Act;

2 Delegates the functions and powers identified in underline in Table 1 – Delegations under the Natural and Built Environment Act (NBEA);

3 Notes that, if the NBEA is repealed (or substantially amended), or if additional delegations are identified as being required, a further paper will be brought to Council.

Crosby/Macmillan

CARRIED

5.5

Local Government Funding Agency Limited Annual Report for the year ended 30 June 2023

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

Key Points:

· Noted that all but one performance target had been met

· The Local Government Funding Agency (LGFA) applied a conservative financial approach to minimise its risk exposure.

Key Points - Members:

· Noted the projected future changes in the LGFA interest rates.

Resolved

That the Regional Council:

1 Receives the report, Local Government Funding Agency Limited Annual Report for the year ended 30 June 2023.

Scott/White

CARRIED

5.6

BOPLASS Annual Report for the year ended 30 June 2023

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

Key Points:

· Noted that the use of Artificial Intelligence (AI) software was being explored for efficiency purposes.

Key Points - Members:

· Sought increased efficiencies in the provision of shared services across the Bay of Plenty region

· The region’s councils had differing ideas with regards to the application of shared services

· Recognised the improved communication across the region between the councils in the shared service space.

Key Points – Chief Executive:

· Staff had a requirement to drive efficiencies and improve outcomes

· A business case for a cross-regional 3 Waters approach would be presented to the Mayoral Forum in November 2023. The agenda would also include an item regarding further exploration of efficiencies in the shared services space

· Establishing a multi-council building consent authority was being explored, noting that this would require legislative changes.

Resolved

That the Regional Council:

1 Receives the report, BOPLASS Annual Report for the year ended 30 June 2023.

von Dadelszen/Crosby

CARRIED

10.44 am – The meeting adjourned.

11.00 am – The meeting reconvened.

5.7

Quayside Group and Toi Moana Trust Annual Reports for year ending 30 June 2023

Presentation - Quayside to BOPRC 26.10.2023 pdf: Objective ID A4516322

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

In attendance: Keiran Horne – Independent Director and Chair of Audit and Risk Committee, Lyndon Settle – Chief Executive, Brendon Barnes – Chief Investment Officer, Davide Caloni, General Manager Finance, Quayside Holdings Ltd

Cr Crosby and Cr White declared an interest in this item as Quayside Board Directors and abstained from discussion and vote.

Key Points - Presentation:

· Port of Tauranga

· 2023 Audit Process

· 2023 Financial

· Non-Port Financial Performance

· Portfolio Performance

· Toi Moana Performance

· Rangiuru Business Park

· Environment, Social, Governance

· ESG: Case Studies.

In Response to Questions:

· Recognised that the timing of the purchase of PF Olsen (forestry company) was unfortunate due to the effects of the severe weather events, however it still performed well enough to pay dividend

· 27% of Quayside’s investments were in private equity

· The operational cost to Quayside in 2022/23 totalled $5m, with approximately 40% being allocated towards personnel cost

· It was not known when the Environment Court decision regarding the Port of Tauranga extension would be released

· There was a high level of interest in the Rangiuru Business Park from potential tenants

· Had worked actively with Tapuika Iwi in job creation at Rangiuru, and was pursuing social procurement opportunities where possible

· Quayside’s climate statement would be meaningful, not ‘just’ a legislative requirement response

· Important that any changes to sustainable fund management were genuine, rather than a ‘green wash’ exercise

· There had been a lack of public awareness and understanding of Quayside, and was working on demystifying the organisation and what it did for the community

· Had presented regarding Quayside to the Eastern Bay of Plenty councils, and would continue these presentations across the region to increase knowledge and exposure.

Resolved

That the Regional Council:

1 Receives the report, Quayside Group and Toi Moana Trust Annual Reports for year ending 30 June 2023;

2 Reappoints the Office of the Auditor-General, as the Auditors of the Company, and authorise the Directors of Quayside Holdings Limited to negotiate with the Office of the Auditor‐General pursuant to the Public Audit Act 2001 to set the Auditor’s remuneration for the ensuing year.

Leeder/Shirley

CARRIED

6. Public Excluded Section

Resolved

Resolution to exclude the public

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

Item No.	Subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Grounds under Section 48(1) for the passing of this resolution	When the item can be released into the public
9.3	2023/24 Arotake Report: July - September 2023 - Attachment 1 - Bancorp Treasury Report Sept 2023 - Public Excluded	Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information.	48(1)(a)(i) Section 7 (2)(b)(ii).	To remain in public excluded.
6.1	Public Excluded Regional Council Minutes - 21 September 2023	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
6.2	Quayside Holdings Limited - Rangiuru Business Park on-lending	Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information.	48(1)(a)(i) Section 7 (2)(b)(ii).	To remain in public excluded.
6.3	Tauriko Land Sale	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.
6.4	Tauranga South On-Demand Public Transport Trial - Operator Procurement	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.

2 That Keiran Horne – Independent Director and Chair of Audit and Risk Committee, Lyndon Settle – Chief Executive, Brendon Barnes – Chief Investment Officer, Davide Caloni, General Manager Finance, Quayside Holdings Ltd be permitted to stay in the public excluded section of the meeting due to their knowledge of the matter under discussion, being Item 10.2 – Rangiuru Business Park on-lending.

[Leeder/von Dadelszen]

[CARRIED/LOST]

7. Closing Karakia

A karakia was provided by Cr Te Taru White.

12.15 pm – the meeting closed.

Confirmed

Chairman Doug Leeder

Chairperson, Regional Council

Regional Council Minutes

22 November 2023

Regional Council

Open Minutes

Commencing: Wednesday 22 November 2023, 3.00 pm

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

Chairperson: Chairman Doug Leeder

Deputy Chairperson: Deputy Chairperson Jane Nees

Members: Cr Malcolm Campbell

Cr Stuart Crosby

Cr Toi Kai Rākau Iti

Cr Kat Macmillan

Cr Ron Scott

Cr Ken Shirley

Cr Paula Thompson

Cr Lyall Thurston

Cr Andrew von Dadelszen

Cr Te Taru White

Cr Kevin Winters - via Zoom

In Attendance: Fiona McTavish – Chief Executive, Namouta Poutasi – General Manager Strategy & Science, Chris Ingle – General Manager Integrated Catchments, Adam Fort – Principal Advisor, Strategic Planning, Antoine Coffin – Manager, Spatial Planning, Tone Nerdrum Smith – Senior Advisor Governance

Commissioner Greg Hill (Independent Chair of the Rotorua FDS Joint Committee)

Apologies: Cr Matemoana McDonald

1. Apologies

Noted than an apology had been received from Cr McDonald.

2. Declaration of Conflicts of Interest

None declared.

3. Reports

Decisions Required

3.1

Adoption of the Rotorua Future Development (FDS) Strategy 2023-2053

Presented by: Commissioner Greg Hill (Independent Chair of the Rotorua FDS Joint Committee), Antoine Coffin – Manager, Spatial Planning, Adam Fort – Principal Advisor, Strategic Planning

Chairman Leeder provided a brief introduction of those present and welcomed Regional Council summer student Simranjot Kaur.

Key Points – Antoine Coffin:

· Noted the attendance of the Independent Chair Commissioner Greg Hill

· This was the first FDS for Rotorua, replacing the existing Spatial Plan 2018

· There had been a thorough process of workshops, meetings and hearings/deliberations

· Noted the partnership between Rotorua Lakes Council (RLC) and Regional Council, with RLC being the lead agency

· This was an ambitious and forward focussed Strategy that gives effect to national direction

· Natural hazards, in particular flooding, had been a key consideration as the Strategy development progressed

Key Points – Commissioner Greg Hill:

· Outlined the Terms of Reference for the Joint Committee

· Noted the consensus approach to decisions and the FDS outcomes agreed between the two Councils

· RLC had adopted the Strategy earlier today with no amendments.

Key Points - Members:

· Regional Council members of the FDS Joint Committee were Cr Nees, Cr Thurston and Cr White, who recognised the leadership provided by Commissioner Hill

· Recognised the significant effort of both RLC and Regional Council staff to ensure the process had run smoothly and effectively.

In Response to Questions:

· Noted the submissions from a number of government agencies regarding roading infrastructure and commuting requirements, in particular with regards to Ngongotahā, which was identified as a future growth area

· The Strategy clearly identified the requirement to work closely with the Ministry of Education with regards to emerging educational institution/school needs

· Preparation of the mandatory FDS Implementation Plan had already commenced and would inform the councils’ LTP 2024-34 processes.

Resolved

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;

7 Acknowledges the significant effort of Bay of Plenty Regional Council and Rotorua Lakes Council staff in the development of the Rotorua Future Development Strategy 2023–2053.

Thurston/White

CARRIED

3.2

Bay of Plenty Civil Defence Emergency Management Alternate Group Controller Nomination

Resolved

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

Campbell/von Dadelszen

CARRIED

4. Items not on the Agenda

4.1

Late Item (Public Excluded): Old Rangitāiki Channel Outlet - Emergency Works and Major Maintenance

Resolved

That the Regional Council:

1 Receives the Public Excluded report, Late Item Old Rangitāiki Channel Outlet - Emergency Works and Major Maintenance and accepts it as an Item not on the Agenda. Notes the reason why this item was not on the Agenda is that an opportunity has presented itself to complete this project earlier, and the reason why it cannot be delayed is a decision is required prior to the next scheduled meeting of Council.

Leeder/Thompson

CARRIED

5. Public Excluded Section

Resolved

Resolution to exclude the public

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

Item No.	Subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Grounds under Section 48(1) for the passing of this resolution	When the item can be released into the public
5.1	Late Item Old Rangitāiki Channel Outlet - Emergency Works and Major Maintenance	Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information.	48(1)(a)(i) Section 7 (2)(b)(ii).	On the Chief Executive's approval.

Leeder/Scott

CARRIED

3.30 pm – the meeting closed.

Confirmed

Chairman Doug Leeder

Chairperson, Regional Council



Report To:	Regional Council
Meeting Date:	14 December 2023
Report Authoriser:	Doug Leeder

Chairperson's Report

Executive Summary

Since the preparation of the previous Chairperson’s Report for the Council meeting on 26 October 2023, I have attended and participated in a number of meetings and engagements as Chairperson on behalf of Bay of Plenty Regional Council (BOPRC).

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

Recommendations

That the Regional Council:

1 Receives the report, Chairperson's Report.

1. Purpose

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

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

2. Meetings and Engagements

Date	Meeting / Engagement	Comment
25 October	Tauranga Business Chamber Event, Quayside Breakfast to meet the Quayside Chief Executive – Tauranga	I spoke about what Bay of Plenty Regional Council do with our investment income.
26 October	Sir Rob McLeod’s end of tenure as Quayside Chair Function – Tauranga	Made a speech about Sir Rob McLeod’s tenure as Quayside Chair.
26 October	Informal Port of Tauranga Directors Dinner – Tauranga	Attended.
27 October	Port of Tauranga Board Meetings and Annual Meeting – Mount Maunganui	Attended.
2 November	Future for Local Government Event – Wellington	Second event in the Local Government New Zealand series.
3 November	Local Government New Zealand Regional Sector Meeting - Wellington	Attended.
6 November	Introductory meeting with Dana Kirkpatrick MP – Whakatāne	National Candidate and MP Dana Kirkpatrick won the East Coast electorate in this year’s elections.
7 November	Regular meeting with Tauranga City Commissioner Anne Tolley, Western Bay of Plenty District Council Mayor James Denyer, our respective Chief Executives and Priority One Chief Executive Nigel Tutt – Tauranga	Attended.
7 November	Introductory meeting with Tom Rutherford, MP – Tauranga	National Candidate and MP Tom Rutherford won the Bay of Plenty electorate in this year’s elections.
14 November	New Zealand Grassland Association Conference and Dinner with the theme of ‘The Land, The Water, The People’ – Rotorua	As one of the keynote speakers, I provided a regional overview and Bay of Plenty Regional Council’s perspective on the water quality and land use challenges in the region and specifically Rotorua.
15 November	UNISA Meeting – Videoconference	Discussions included the formation of the new Government including perspectives and opportunities, a National Biosecurity Response Update, and administrative matters.
16 November – 17 November	Zone Two Meeting – Whakatāne	An opportunity for hosts Whakatāne District Council to showcase Whakatāne. The meeting included updates from Local Government New Zealand, the Department of Internal Affairs Local Government Branch, and Economist Shamubeel Eaqub.
24 November	Bay of Plenty Mayoral Forum – Rotorua	Presentations from Te Whatu Ora on localities and locality boundary determination, Sea Cleaners on looking after our environment, a Bay of Plenty Climate Risk Assessment Update and the forum discussed a Briefing for Incoming Ministers.
29 November	Informal Catchup with previous Bay of Plenty MP Todd Muller – Tauranga	Attended.



Report To:	Regional Council
Meeting Date:	14 December 2023
Report Writer:	Toni Briggs, Senior Project Manager
Report Authoriser:	Reuben Fraser, General Manager, Regulatory Services
Purpose:	To adopt a draft Regional Navigation Safety Bylaws 2024 for consultation.

Adoption of a Draft Regional Navigation Safety Bylaws 2024 for Consultation

Executive Summary

The Bay of Plenty Regional Council has a statutory role in ensuring maritime safety in its region by developing Navigation Safety Bylaws under section 33M in the Maritime Transport Act 1994. The Bay of Plenty Regional Navigation Safety Bylaws are in place to minimise the risk of fatalities, injuries, nuisance, accidents, collisions, and damage in the Bay of Plenty navigable waters.

The Local Government Act 2002 requires Council to undertake a comprehensive review of its bylaws ten years after it was last reviewed; and within a two-year timeframe from that review date. Bay of Plenty Regional Council generally reviews the Bay of Plenty Regional Navigation Safety Bylaws every five years to ensure that the Bylaws reflect the most up to date legislation, Maritime regulations and rules, and current regional risks and issues.

In February 2022, Council appointed a Regional Navigation Safety Bylaws Committee to review the 2017 Regional Navigation Safety Bylaws and develop an updated draft Bylaws for consultation.

The Committee undertook a detailed review of the current document and development of a new draft and endorsed a final document for consultation on 7 November 2023.

The Committee now recommend the adoption of the draft to Council for consultation over the 2023/24 summer. Hearings and deliberations will take place early in 2024.

A final Regional Navigation Safety Bylaws is planned to come into force in June 2024.

Recommendations

That the Regional Council:

1 Receives the report, Adoption of a Draft Regional Navigation Safety Bylaws 2024 for Consultation;

2 Agrees with the recommendations of the Regional Navigation Safety Bylaws Review Committee;

3 Adopts the Draft Regional Navigation Safety Bylaws 2024 for Consultation.

1. Introduction

The Regional Navigation Safety Review Committee (the Committee) has undertaken a comprehensive programme of knowledge building, analysis, debate and development of a new Bay of Plenty Regional Navigation Safety Bylaws (the Bylaws).

Overall, staff considered that the 2017 Bylaw rules were effective for the protection of maritime safety in the Bay of Plenty. There were a number of minor technical amendments that staff considered should be made as soon as practicable to improve implementation of the Bylaws, and further, there were four legacy issues that have been identified as being of continuing concern to members of the community that will need to be addressed:

· Ongoing concerns by Matakana Island, Rangiwāea Island, and Motuhoa Island residents over ski lane areas in Tauranga Harbour, particularly Hunters Creek Ski Lane.

· Speed uplifting rules and the impact jet boats have on areas on the Kaituna River.

· Speed uplifting rules and the impact jet boats have on areas on the Tarawera River, through Kawerau.

· Prohibition of Personal Watercraft (PWC), especially jetskis, from most of Ōhiwa Harbour.

Throughout the first half of 2023 the Committee examined these issues in more detail. A Participate webpage was also set up to gauge whether the public thought these were still the most significant issues. This was borne out by the feedback received.

These topics are now our main consultation questions and are highlighted in the Statement of Proposal. The public will also have the opportunity to comment on any change in the draft document. Rather than land on preferred solutions for each significant issue, the Committee has identified options for consultation and discussion.

The Committee have endorsed the attached Statement of Proposal and draft document. Council is asked to adopt the draft Bylaws for consultation under Schedule 7 s32 of the Local Government Act.

If the Statement of Proposal and draft document are endorsed, formal consultation will occur from 18 December 2023 to 29 February 2024. Submissions will be received via the Participate webpage; (electronic); or printed form (hardcopy).

Hearings are planned for March 2024 with deliberations in April 2024 and final adoption by Full council in June 2024.

1.1 Legislative Framework

1.1.1 The Maritime Transport Act 1994:

Under section 33M of the Maritime Transport Act 1994, Regional Council is mandated to “ensuring maritime safety in its region… [and] …may make Bylaws to:

(a) regulate and control the use or management of ships

(b) regulate the placing and maintenance of moorings and maritime facilities

(c) prevent nuisances arising from the use of ships and seaplanes

(d) prevent nuisances arising from the actions of persons and things on or in the water

(e) reserve the use of any waters for specified persons, ships, or seaplanes

(f) in relation to boat races, swimming races, or similar events

(i) prohibit or regulate the use of ships

(ii) regulate, or authorise the organisers of an event to regulate, the admission of persons to specified areas

(g) regulate and control the use of anchorages

(h) prescribe ship traffic separation and management schemes

(i) specify requirements for the carriage and use of personal flotation devices and buoyancy aids on pleasure craft

(j) require the marking and identification of personal watercraft.”

Maritime Rules

While the Maritime Transport Act stipulates broad principles of maritime law, the rules contain detailed technical standards and procedures. Compliance with the rules is required because they form part of New Zealand maritime law. Failure to comply with the rules may be an offence under the Act.

The maritime rules are statutory instruments (or secondary legislation) made by the Minister of Transport under the Maritime Transport Act 1994.

Maritime rules relate to the safety of ships and people. The rules prescribe requirements for ship design, construction, equipment, crewing, operation, tonnage measurement, and for the carriage of passengers and cargoes. Many of the standards are based on international ship safety conventions.

Of particular importance to Regional Councils are:

Maritime Rules – Part 90 – Pilotage

Maritime Rules Part 90 specifies compulsory pilotage areas and thresholds for pilotage. It also covers qualifications and training for pilots and pilotage exempt masters, and the issue of pilot licences and masters’ pilotage exemption certificates (PECs) by the Director of Maritime New Zealand. This is of particular importance for the Port of Tauranga.

Maritime Rules – Part 91 – Navigational Safety

Part 91 outlines navigation safety rules, specifically for personal floatation devices, anchoring and mooring, give way rules, wakes and proximity to oil tankers and ships carrying dangerous goods.

1.1.2 The Local Government Act 2002:

Regional councils make bylaws under the LGA 2002 under the general procedure for making bylaws (sections 155-161) and consult on bylaws using the special consultative procedure (section 86).

1.1.3 Marine Transport (Infringement Fees for Offences – Bay of Plenty Regional Navigation Safety Bylaws 2017) Regulations 2017:

Under section 33O of the Marine Transport Act, Regional Council can set infringement fees by Order in Council. At present we have 2017 regulations, which outlines offences under the Bay of Plenty Region Navigations Safety Bylaws 2017 and the fees applicable for those offences.

1.2 Alignment with Strategic Framework

Safe and Resilient Communities

We support community safety through flood protection and navigation safety.

The Maritime Operations Activity provides a 24/7 navigation safety and maritime oil spill response across the region, as required by regulations and Regional Council requirements. This involves operating an around-the-clock call centre and duty roster, administering moorings and commercial/event licences, and maintaining navigational aids, lights, and beacons around the region.

We promote navigational safety through a combination of enforcement and education and our aim is to ensure people are kept safe on the water and our maritime environments are protected from spills. The Navigation Safety Bylaws is a Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

þ Cultural

Low - Positive

þ Social

Low - Positive

¨ Economic

Low - Positive

The review of the Navigation Safety Bylaws 2017 will affect the cultural and social well-beings directly.

2. Review Process

Council appointed the Committee in February 2022 to review the current Bylaws and develop a draft Document for consultation.

As an overview, the Committee worked through:

Pre-Committee:

· Background information on Maritime history and development of maritime legislation in New Zealand.

· General Bylaws introduction

· Excerpts from the Maritime Transport Act 1994 and relevant Maritime Rules

· A copy of the current Nav Safety Bylaws

· Synopses on legacy issues that were most likely to generate submissions.

Meeting 1:

(26 Jul 22)

An introduction to the Regional Navigation Safety Bylaws and the importance of having localised regulation of navigation safety.

Meeting 2:

(25 Aug 22)

Further supporting discussion on:

· Clarification of legal concepts and influencing regulation

o Position on ‘nuisance’ discussion.

· Background on Bylaws and their specific purpose.

Meeting 3:

(20 Sep 22)

· Understanding the technical and operational aspects of Navigation Safety.

· A discussion from Maritime staff on the local operational aspects of managing navigation safety.

· Discussion on Moorings.

Meeting 4:

(15 Feb 23)

· Presentation from Maritime Staff on aspect of managing specific areas of the Bay of Plenty.

· Challenge areas for the review.

· Presentation of summer 21/22 and 22/23 data and Breach of Bylaws (BoB’s) and infringements issued.

· A tiered approach to decision-making on specific elements of the Bylaws was agreed.

· An engagement and communications update.

Workshop

(14 Mar 23)

· Indicative issues and options for consultation discussed in detail.

Meeting 5:

(27 Apr 23)

· Decision made by Committee to consult on all proposed options for substantive changes to the draft bylaws.

· Consultation options agreed by Committee.

Meeting 6:

(7 Nov 23)

· Finalise a draft document.

· Endorse the draft document for consultation.

· Develop a recommendation to full Regional Council to adopt the attached Statement of Proposal and draft Regional Navigation Safety Bylaws 2024

3. Recommendation to adopt Draft Regional Navigation Bylaws 2024 for consultation

The Regional Navigation Safety Bylaws Review Committee resolved, at its meeting on 7 November 2023, the following:

That the Bay of Plenty Regional Navigation Safety Bylaws Review Committee:

1 Receives the report, Endorsement of a draft Bay of Plenty Regional Navigation Safety Bylaws 2024 for consultation.

2 Endorses the draft Bay of Plenty Regional Navigation Safety Bylaws with minor numerical, editorial or presentation alterations and the following amendments:

· Hunters Creek/Ōtapu Ski Area: include an additional option - Status Quo with area modification and invite proposals for other options during the submission process.

3 Delegates to the Chair and Deputy Chair of this committee the ability to sign off the final draft prior to its presentation to Regional Council.

4 Recommends to Regional Council they adopt the draft Bay of Plenty Regional Navigation Safety Bylaw for consultation.

Iti/Winters CARRIED

The Committee now asks the Council to adopt the attached Statement of Proposal and draft document.

Consultation will begin on 18 December 2023 and run until 29 February 2024. This takes advantage of the summer boating season and allows time for people on holiday to submit after they return to work.

Staff are encouraging submitters to submit on-line through our Participate website, with hardcopies being available upon request.

A comprehensive media campaign will be run over the submission period through newspapers, digital advertising, magazines, and social media.

Staff will still be available to engage with specific groups, iwi and community throughout the consultation period.

4. Infringement Fees

The infringement fees for breaches of a bylaw have also been reviewed. The new schedule of fees, however, must undergo a different process than the draft Bylaws. Council must consult directly with the Minister for Transport to obtain a new Order in Council to set the new fees.

Council will request from the Ministry for Transport, that the Maritime Transport (Infringement Fees for Offences—Bay of Plenty Regional Navigation Safety Bylaw 2017) Regulations 2017 be replaced with 2024 proposed infringement offences and fees.

This process will run concurrently with the Hearings/Deliberations process in early 2024.

A review of the infringement fees relating to the navigation bylaws has been undertaken, using the "Effective Transport Financial Penalties Policy Framework" published by the Ministry of Transport Aug 2021.

As well as the need to update the fees in line with several new or updated clauses in the draft Bylaws, the region’s proposed fees are based on a number of further prudent principles:

· Appropriate punitive measures are based on risk of human harm and safety.

· That a financial penalty is a meaningful deterrent that holds an offender to account and sends a proportionate message of denunciation for the behaviour.

· That the financial penalty is at an appropriate level as to dis-incentivise behaviour leading to risk of harm materialising.

· That the level of financial penalty provides a societal 'signal' of how seriously an offence is considered.

· That for businesses (i.e. shipping companies) the penalties serve as a genuine deterrent rather than just the cost of doing business.

Once accepted, a new Maritime Transport (Infringement Fees for Offences—Bay of Plenty Regional Navigation Safety Bylaw 2024) Regulations 2024 will be gazetted and added to the Bylaws document.

5. Considerations

5.1 Risks and Mitigations

Given the breadth of community opinion for the Bylaws this project was considered high risk. Detailed risk analysis and management was built into the project management of the review and any new issues and risks that affected the decision-making of the Committee were presented to the Committee at the earliest opportunity.

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

The Treaty principles and the partnerships upon which they are founded are an established part of our local government framework. As Treaty partners, Māori hold a unique role in shaping and contributing to regional leadership and direction.

As some of the consultation options are of particular importance to tangata whenua it has been important to include them in the consultation, and decision-making process.

5.4 Community Engagement

CONSULT

Whakauiuia

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

Consultation will be undertaken using the formal consultation procedure as prescribed by section 83 of the Local Government Act 2002. The consultation period will be undertaken over the 23/24 summer period to take advantage of the boating season. It will run until the end of February 2024 to allow for those on holiday to return home; and to leverage off summer maritime patrols being able to spread the consultation messages.

5.5 Financial Implications

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

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

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

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

6. 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.

A formal engagement/ consultation process will begin on 18 December 2023 and run until 29 February 2024.

Hearings with the Committee are set for March 2024, with exact dates being set closer to the time.

Deliberations of the Committee are planned for April 2024, with final adoption planned for June 2024.

Attachments

Supporting Document 1 - Statement of Proposal FINAL for Council Adoption ⇩

Supporting Document 2 - Final Draft Consultation Document for Council Adoption 14 Dec 23 ⇩



Report To:	Regional Council
Meeting Date:	14 December 2023
Report Writer:	Mark Le Comte, Principal Advisor, Finance and Kumaren Perumal, Chief Financial Officer
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	To seek Council approval to reallocate grant funding for Te Whare Taonga o Te Arawa (Rotorua Museum) from exhibition development to building works.

Te Whare Taonga o Te Arawa (Rotorua Museum) Funding

Executive Summary

Council budgeted for a grant to Te Whare Taonga o Te Arawa (Rotorua Museum) of $4.1 million as part of the Long Term Plan 2021-2031. No specific conditions were included in the Council resolutions for the grant, however, the application was for funding towards a full re-design and development of its exhibitions, including permanent and short term exhibitions developed in partnership with Te Arawa.

Rotorua Lakes Council (RLC) have requested to use this approved grant funding towards building costs, and complete fundraising for exhibition work separately.

Recommendations

That the Regional Council:

1 Receives the report, Te Whare Taonga o Te Arawa (Rotorua Museum) Funding;

2 Approves that the budgeted grant for Te Whare Taonga o Te Arawa (Rotorua Museum) is re-allocated from exhibition costs to building costs.

1. Introduction

RLC is leading a project to redevelop Te Whare Taonga o Te Arawa which includes a substantial earthquake strengthening programme. RLC requested, and Council approved, a grant of $4.1 million towards exhibition design and development at the 12 May 2021 meeting. As part of the application, RLC committed to provide free access to residents from the wider Bay of Plenty when Te Whare Taonga re-opens.

Since that time, the cost of the earthquake strengthening has increased substantially. RLC has publicly consulted and decided to proceed with the project.

1.1 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 look to partnerships for best outcomes.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

þ Cultural

Medium - Positive

þ Social

Medium - Positive

þ Economic

Low - Positive

Museums are primarily social and cultural institutions. In addition, A BERL report commissioned in 2019 estimated the overall Museum project would contribute $96million in GDP and between 66 and 149 FTEs annually during construction and operation.

2. Rotorua Lakes Council Funding Request

RLC has requested that the currently budgeted $4.1 million grant is re-allocated from exhibition to building work. The overall benefits of the project are the same regardless of which project components Council’s funding is applied to. Exhibition work is estimated as being less than 10% of the total cost of the project.

RLC would need to complete additional fund raising for the exhibition work separately. RLC Staff consider that raising funds for exhibition work poses little challenge once the building work is completed.

3. Considerations

3.1 Risks and Mitigations

Council’s financial risk is limited to the approved grant funding, RLC bears the risk associated with the delivery of the overall project. RLC could request additional funding from Council in the future, noting that new Regional Infrastructure Funding is currently on hold.

3.2 Climate Change

The matters addressed in this report are not sensitive to the effects of climate change. Staff have also considered the effect of the initiative on greenhouse gas emissions and recommend that there will be no effect.

3.3 Implications for Māori

Te Whare Taonga o Te Arawa is an important landmark for Rotorua and will house, display and explain the history of culturally significant Taonga.

3.4 Community Engagement

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

This paper covers funding decisions only. Rotorua Lakes Council has publicly consulted on the Te Whare Taonga o Te Arawa development.

3.5 Financial Implications

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

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

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

4. Next Steps

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

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

If approved, staff will work with Rotorua Lakes Council to confirm appropriate building cost elements to fund.



Report To:	Regional Council
Meeting Date:	14 December 2023
Report Writer:	Mark Townsend, Engineering Manager
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	To approve additional suppliers to the Engineering Service Panel and consider changes to the secondary procurement process.

Engineering Services Panel Contract - additions and updates

Executive Summary

The Regional Council’s Engineering Services Panel of services/suppliers and consultants supports the delivery of capital and operational works and services, for Rivers and Drainage functions, and across the wider council.

The Procurement Plan that originally established the Engineering Panel in 2015/16 provides for new panel entrants to be approved by Council.

The Commercial Team and relevant managers are carrying out reviews of other Toi Moana panels and a more comprehensive review of the Engineering Services Panel will be carried out as part of this work in the first quarter of 2024. A further Council report on Toi Moana panels is planned for the first half of 2024.

In the interim some key changes are recommended to progress current capital works projects, development reviews and to support efficient use of the panel.

The suggested changes include the addition of three known suppliers and an update to the thresholds associated with the secondary procurement process.

Recommendations

That the Regional Council:

1 Receives the report, Engineering Services Panel Contract - additions and updates;

2 Approves additions to the Engineering Services Panel Contract as recommended under section 2.1.1 below, conditional upon Evaluation Panel approval of ‘Request for Proposals’ submissions;

3 Delegates to the Chief Executive the authority to execute new contracts for these Suppliers;

4 Approves changes to the secondary procurement process associated with the Engineering Services Panel, under section 2.1.2 below.

1. Introduction

The Council’s Engineering Activity (and the wider Council) have access to a panel of services/suppliers and consultants to support the delivery of capital and operational works and services.

The panel was established in 2015/16 under a Comprehensive Procurement Plan approved by Council. Prior to that, procurement of consultants and contractors had been on a project-by-project basis.

The move to a panel approach has had significant benefits.

· Efficiencies in time and cost - procurement administration time and processing must be meet as part of the Panel approval (eg. insurance requirements, health and safety) and contract conditions are consistent.

· Support - the Panel provides access to a broad range of suppliers, services and skills that are available to all Council activities under a uniform contract arrangement.

· Competitive process - rates are submitted across the range of services, making comparison across suppliers straightforward.

· Expertise – Panel of targeted and qualified suppliers with identified personnel and skills.

· Reduced risk of being unable to procure the required services to deliver projects and services.

· Information – efficiencies in the collection of supplier data and information.

· Contract Management – improved supplier management due to contract consistency, services award procedure, rate adjustment provisions and performance review process.

· Allows an holistic and programme view of capital works.

· Outcomes – Council’s desire for broader outcomes can be incorporated into the procurement process and contract conditions.

1.1 Legislative Framework

Under the Local Government Act 2002, regional authorities are responsible for the provision and control of river scheme assets. The Council manages and maintains the River Schemes under the Soil Conservation and Rivers Control Act 1941 and in keeping with its Rivers and Drainage Asset Management Plan. This Plan includes levels of service that the Council provides for the benefiting communities, which drive the maintenance, replacement, and development of scheme assets.

1.2 Alignment with Strategic Framework

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

The Engineering services are needed to ensure that Council can deliver on its capital and operational programme of works. In delivering these works and services a sound procurement framework is needed to ensure best value for the community.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

þ Cultural

Low - Positive

þ Social

Low - Positive

þ Economic

High - Positive

Procurement planning allows for efficiencies in delivery and for broader outcomes to be incorporated into the process.

2. Procurement Planning

2.1 Engineering Services Panel

The Engineering Services Panel was established in 2015/16 following the approval by Council of a panel approach. Through a ‘Request for Proposals’ (RFP) process, suppliers were recommended and approved under a 3 + 3 framework contract. In December 2019 most of the panel suppliers were renewed for a further 3 years. Where it was apparent that there were not enough suppliers (in some categories) there was an approach to the market, to secure more suppliers. Following that process Council approved the addition of several new suppliers to the Engineering Services Panel Contract

An updated contract developed by Councils legal team specifically for this purpose was implemented for the second term of 3 years, and for new panel suppliers. The updated contract also allows for automatic 12-month renewals. The existing panel of suppliers now deliver under this updated contract.

The Engineering panel is currently structured with 16 work categories containing a total of 42 suppliers that cover the expected range of services required by Engineering services.

The Panel categories are:

· Hydrological Analysis,

· Hydraulic Analysis,

· Computer Modelling,

· Flood Management,

· River Engineering,

· Gravel Management,

· Coastal and Harbour management,

· GIS Analysis,

· Geotechnical Engineering,

· Engineering Design,

· Water Quality,

· Asset Management,

· Project and Contract Management,

· Surveying,

· Consent Planning, and

· Technical Reviews.

2.1.1 Maintaining the Panel of Suppliers

A full review of the operation of the Engineering Services Panel (along with other panels) is planned for the first quarter of 2024. This process is likely to result in a Council report that seeks approvals and delegations to ensure the Panel is fit for purpose, has appropriate delegations to support its operation and management, has the appropriate probity in place, and provides for contract documents that align with best practice and Council’s future needs.

In the interim it has been identified that a small number (3) of known suppliers whose services are necessary to progress capital works projects are not on the Engineering Panel. This has created additional administration work to acquire and maintain the services independently of the Panel. It is advantageous for Council to use these suppliers due to their experience and knowledge of these capital projects, and the quality services they provide.

The existing Procurement Plan that established the Engineering Panel sets out the RFP process for suppliers and requires new panel entrants to be approved by Council.

RFP’s will be sought on the same basis as the original procurement from the three suppliers below to join the Engineering Panel.

Company	Category	Context
Fergusson Planning	Consent Planning	Eastern Bay of Plenty consenting expertise with substantial BOPRC experience. The company director was previously part of Harrison Grierson who are an existing panel supplier.
Peter Hay - Contractor	Project and Contract Management River Engineering Asset Management	Specific Bay of Plenty Engineering expertise with substantial BOPRC experience. The individual was a BOPRC employee and now is an independent contractor able to provide support in the Engineering team if required.
AR and Associates Ltd	Technical Reviews	This supplier was previously engaged under a partnership contract with another consultancy which has since been acquired by WSP (already a panel supplier). BOPRC wishes to retain the services of AR and Associates Ltd via direct contract.

It is recommended that the above three suppliers be accepted on to the Engineering Services Panel conditional upon the Evaluation Panel being satisfied that the responses pass the mandatory requirements, meet the evaluation criteria and the supplier meets the Panel Contract terms and conditions and subject to the Panel Contract being signed by the supplier.

2.1.2 Secondary Procurement Thresholds

The current Procurement Plan that established the Engineering Panel also sets out the secondary procurement process for allocating work across the approved panel of suppliers and this is based on the estimated value of the project or work stream.

The secondary process provides for:

· direct engagement for works up to the value of $50,000,

· quotes from at least two panel suppliers for works $50,001 to $100,000 and

· RFx for all panel suppliers (in the category) for over $100,000.

With the significant inflationary increase in costs since 2016, these thresholds are now outdated, leading to inefficiencies in the use of the Panel’s secondary process.

The procurement thresholds adopted by many other Regional Councils for their capital projects are much higher than these.

Feedback from the engineering services industry supports these higher thresholds. Considerable investment by suppliers is applied to proposals and in the case of an RFx can be up to $15,000 per supplier. As such, the value of the work on offer should reflect the investment required to bid for that work.

The following updated secondary procurement process is suggested. It is noted that the below process does not negate the need for appropriate delegated financial authority approval of the procurement and contracting.

Job specific expenditure threshold	Minimum requirements
Up to $100,000 Direct engagement of supplier.	Engagement criteria based on: · Price (unit rates in contract Schedule or quoted price); · Ability to provide specific goods or service most suitable for the job; · Availability of goods, resources and/or applicable knowledge to undertake the work.
$100,001 - $200,000 Quotes obtained from at least two panel suppliers.	Engagement criteria based on: · Price quoted; · Ability to provide specific product or service most suitable for the job; · Availability of goods or resources to undertake the work; · Track record, including prior performance of similar jobs under the contract. Note: On occasions this quote will be combined with unit rate and measure and value works.
Over $200,000 RFx to all panel suppliers providing work in the category.	· RFx to contain evaluation criteria for the specific works.

Job specific expenditure threshold

Minimum requirements

Up to $100,000

Direct engagement of supplier.

Engagement criteria based on:

· Price (unit rates in contract Schedule or quoted price);

· Ability to provide specific goods or service most suitable for the job;

· Availability of goods, resources and/or applicable knowledge to undertake the work.

$100,001 - $200,000

Quotes obtained from at least two panel suppliers.

Engagement criteria based on:

· Price quoted;

· Ability to provide specific product or service most suitable for the job;

· Availability of goods or resources to undertake the work;

· Track record, including prior performance of similar jobs under the contract.

Note: On occasions this quote will be combined with unit rate and measure and value works.

Over $200,000

RFx to all panel suppliers providing work in the category.

· RFx to contain evaluation criteria for the specific works.

The recommended threshold amendments would still be lower than Councils with similar valued capital projects such as Auckland Council and Waikato Regional Council and it is suggested that these be reviewed again when changes are made to Delegated Financial Approvals.

3. Considerations

3.1 Risks and Mitigations

Addition of suppliers and update to secondary procurement process
Risk	Mitigation
Limited RFP invitation may cause a perceived exclusion of suppliers	Full review of the Engineering Services Procurement Plan planned for early 2024. Limited invitation aligns with BOPRC current needs. Standard process for assessment of RFP’s. Commercial Team support, overview, and advice.
Quality assurance and probity associated with updated secondary procurement thresholds	Minimum requirements set. Commercial Team support, overview, and advice. Delegated financial authority unchanged. Reporting via contracts module
Best value pricing	Standard RFP process. Additional competitive supplier options. Additional competitive quotes and RFx responses.
Health and Safety	Mandatory requirements first stage procurement

3.2 Climate Change

The aim of this section is to ensure your thinking and assumptions around climate change are explicit and to provide visibility as to how our work relates to climate change. Consider:

Use the building block below when considering Climate Change implications.

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

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.

Councils’ procurement approaches provide for the delivery of broader outcomes including social, economic, cultural, and environmental outcomes that go beyond the immediate purchase of goods and services.

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.

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

The decisions recommended in this paper promote organisational efficiency in the support of the procurement and the delivery of capital and operational works and projects.

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.

Engagement of additional Engineering Services suppliers and an update to the secondary procurement processes has no financial implications. However it is expected to improve efficiency in the delivery of Council works and services. Work allocated through the panel is undertaken within existing approved project and activity budgets.

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.

Secondary procurement thresholds for the Engineering Services Panel updated.

Limited RFP invitation to selected suppliers.

Evaluation process undertaken for submitted proposals and team recommends appointments to the panel.

Contract terms and conditions agreed, contract executed.



Report To:	Regional Council
Meeting Date:	14 December 2023
Report Writer:	Lisa Power, Senior Planner and Greg Corbett, Biosecurity Manager
Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science
Purpose:	This report seeks endorsement for a partial review of the Regional Pest Management Plan

Partial Review of the Bay of Plenty Regional Pest Management Plan

Executive Summary

The Bay of Plenty Regional Pest Management Plan (RPMP) developed under the Biosecurity Act 1993 (the Act), is the key policy document that guides pest management in our region. It became fully operative on 7 December 2021 and has effect for 10 years from that date, after which time a mandatory plan review is required.

On 4 May 2023, Bay of Plenty Regional Council approved minor amendments to the RPMP. Minor amendments are considered such if they do not significantly affect any person’s rights or obligations.

For instances where changes to an RPMP are considered necessary, but do not meet the minor amendment criteria, the Act provides for a Council to review the whole or part of a RPMP.

This report sets out how circumstances have changed since the RPMP came into effect and seeks endorsement for a partial review of the RPMP. The proposed scope for the partial RPMP review is:

· Including all wallaby species known to be in New Zealand in the RPMP

· Including some conifer species as a pest (whether or not they are in wilding form)

· Tightening the rules around management (and in some cases abandonment) of kiwifruit orchards

· Potentially changing the pest programme Phytophthora agathidicida (formerly referred to as kauri dieback) sits within.

· Consider emerging pests for inclusion (at this stage the invasive seaweed, Caulerpa, and gold clams).

The Act has sequential steps that need to be complied with and clearly documented during a RPMP review. At the point Council formally initiates a review, the proposed changes to the RPMP must be provided in full.

Staff note that there has been no indication from the new government’s coalition agreements or the 100 day plan that the Biosecurity Act and related policy direction will change.

Recommendations

That the Regional Council:

1 Receives the report, Partial Review of the Bay of Plenty Regional Pest Management Plan;

2 Endorses a partial review of the Regional Pest Management Plan (RPMP). The scope of the review relates to the management of wallabies, conifer species, wild kiwifruit, phytophtora agathicida and emerging pests;

3 Approves the minor amendments proposed in section 5 of this report;

4 Delegates to Group Manager Strategy and Science the ability to expand the partial RPMP review scope if a new pest issue arises during the review.

1. Introduction

The Biosecurity Act 1993 (BSA) provides the legal framework for management of pests and unwanted organisms in New Zealand.

The BSA requires regional councils to ‘provide regional leadership in pest management’. The Bay of Plenty Regional Pest Management Plan (RPMP) is the key policy document that sets out how pests in our region will be managed. It became fully operative on 7 December 2021 and has effect for 10 years from that date after which time a mandatory plan review is required.

Through its RPMP a regional council can exclude, eradicate, or effectively manage pests in its region. A regional council is not legally obliged to manage a pest or other organism but if it chooses to do so the Biosecurity Act has prerequisite criteria that must be met to justify intervention. In summary, the pest must adversely affect environmental, economic, social, or cultural values and the benefits of regional intervention to manage the pest must outweigh the costs of control.

As the pest management landscape constantly changes, the pests included in the RPMP and the ways to manage them may need to be reconsidered. In response to emerging pest issues (as set out in this report), staff are seeking endorsement for a partial review of the RPMP.

2. Legislative Framework

Before the RPMP ceases to have effect, Council may review any part of it if circumstances or management objectives have changed sufficiently (Section 100D(2)(b)).

A review of an RPMP is initiated by a proposal made by Council. Section 100D(5) sets out the requirements of a proposal and Section 70 sets out a comprehensive list of matters and considerations to be included in an RPMP proposal (These provisions are provided in Attachment 1).

Given the extent of work required to meet section 70 requirements, early guidance is required as to whether this partial review should be initiated.

2.1 Alignment with Strategic Framework

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
Freshwater for Life
Safe and Resilient Communities
A Vibrant Region
The Way We Work

Review of the RPMP

The proposed scope of the partial RPMP review relates to the management of wallabies, conifer species, phytophtora agathicida, wild kiwifruit, and emerging pests.

This section sets out how the circumstances for these issues have changed since the RPMP came into effect and signals potential amendments to be included in the partial RPMP review.

3.1 Wallabies

As earlier reported to Council, a second species of wallaby (parma) has been recently confirmed in our region. The RPMP only includes the ‘known’ dama species and therefore RPMP provisions only apply to dama wallabies.

Along with dama and parma wallabies, three other species of wallaby are known to be present in New Zealand, which could potentially be released in the Bay of Plenty region as appears to have happened with parma wallabies. Brushtail rock wallabies and swamp wallabies (along with both dama and parma wallabies) are currently both present on Kawau Island in the Hauraki Gulf and Bennett’s wallabies are well established in Canterbury. Recent discoveries of Bennett’s wallabies in the Wellington region and dama wallabies in the northern South Island clearly indicate some peoples’ willingness to spread these pests.

Staff are proposing to include all wallabies known to be in New Zealand in the RPMP. This approach would align with Waikato’s RPMP and strengthen the regulatory tools available to Council should an additional species of wallaby be detected in the Bay of Plenty.

3.2 Phytopthora agathicida (PA) formerly referred to as Kauri dieback

PA was provisionally identified (by the Department of Conservation) in the Bay of Plenty earlier this year, however retesting of the original and subsequent samples have failed to confirm this detection. To date no infected trees have been identified and the validity of provisional detections remain in question.

PA is currently included in the RPMP as an exclusion pest. Staff propose maintaining a ‘watching brief’ on the results of further sample testing. If the presence of PA is confirmed during the partial RPMP review process, staff would commence analysis for a potential change to PA’s status within the RPMP.

Based on current understanding of the pest and the tools available to manage it, eradication would be unachievable. Staff foresee PA being included as a progressive containment or sustained control pest. Supporting rules might also be needed to support management of PA. Alternatively, Council could choose to remove it from the RPMP and refer management to the National PA Pest Management Plan.

3.3 Management of Conifers (including wilding)

Staff are experiencing implementation issues with wilding conifers. There are some species of wilding conifer staff consider need to be managed whether or not they are in ‘wilding’ form. National guidance on this matter is currently being reviewed.

Staff are proposing the conifer species currently listed as progressive containment pests in the RPMP (Lodgepole pine, Scots pine, Dwarf mountain pine, Mountain pine and European larch) are included as pests in their own right (rather than being limited to ‘wilding’ form). These species are not known to be commercially grown in the Bay of Plenty, have little economic value and have a high risk of spreading.

3.4 Wild kiwifruit

With the uncertainty of returns for some kiwifruit varieties, Kiwifruit Vine Health (KVH) is forecasting an increased possibility of abandoned kiwifruit orchards in the near future. If this situation occurred, it would contribute to the spread of wild kiwifruit.

While the RPMP currently contains a rule to manage the risk of abandoned orchards, KVH and Council staff believe it could be strengthened by clarifying definitions of ‘abandoned’ and ‘unmanaged’ orchards. KVH propose providing support to Council to manage abandoned orchards, should they eventuate. There is an opportunity to ensure KVH and the RPMP management approaches are aligned through a RPMP review.

4. Emerging Issues

Two high risk pests that have recently been discovered in the North Island are Caulerpa (brachypus and parvifolia) and Corbicula fluminea (gold clam).

There are high community expectations that Council is proactively working to prevent incursions of these pests and is prepared if an incursion eventuates. These expectations need to be balanced against the costs of surveillance/intervention, whether there is another management agency leading a response and what can realistically be achieved in terms of eradication or containment.

A significant amount of information would be required to support including these ‘new to New Zealand pests’ in the RPMP including prerequisite criteria for example a favourable cost benefit assessment. Staff seek direction on whether these pests should be considered for inclusion in the RPMP.

4.1 Caulerpa

Caulerpa was first detected in New Zealand at Aotea (Great Barrier Island) in 2021. Since that time it has been subsequently found at Ahuahu (Great Mercury Island), the Bay of Islands, Kawau Island and Waiheke Island. Boats anchoring in infested areas and then moving without cleaning their anchor and warps appears to be a significant vector of spread. Biosecurity New Zealand (MPI) have attempted to manage the risk of spread by imposing Controlled Area Notices (CAN) (a regulatory tool under the Biosecurity Act), which, place legal restrictions on anchoring and vessel movement within infested areas. However, it would seem these measures have not been fully effective.

Eradication of this pest seems highly unlikely, though MPI is currently funding trials aimed at reducing biomass of the pest at specific sites.

Council’s marine biosecurity dive team have been actively surveying risk sites within the Bay of Plenty for Caulerpa since it was first detected in the country with no detections to date. However, given the number of vessel movements between our region and the infested areas to the north, staff consider incursions of this pest to be likely unless effective pathway management and rigorous enforcement actions are put in place at infested sites.

Staff propose Caulerpa be considered within the scope of a partial RPMP review and analysis of three options be considered:

1. Do nothing, (though this could include supporting a nationally led long term management plan)

2. Include Caulerpa as an exclusion pest within the RPMP, which would include modifying Rule 1 of the RPMP to ensure any boating equipment is kept free of pests; and/or

3. Encourage the new Government to proceed with urgency on progressing a National Marine Pathway Management Plan (Noting, the Top of the North Councils, with MPI and DOC, have been trying to get support for the Clean Hull Plan for several years now).

4.2 Gold Clam

On 8 August 2023, staff reported to the Strategy and Policy Committee on possible options if gold clam reached the Bay of Plenty. The options presented were:

1. Do nothing

2. Encourage voluntary compliance and consider gold clam for inclusion during the RPMP’s next mandatory review

3. Include gold clam in the RPMP via a partial plan review

4. Initiate a small-scale management programme (only a viable option if gold clam is declared an Unwanted Organism).

The Committee directed staff to continue to liaise with MPI for support and discuss potential ways to manage gold clam. Since that meeting gold clam has been declared an unwanted organism and staff have worked closely with MPI and iwi to develop strategies to exclude gold clam from our region. To date gold clam have not been discovered in the Bay of Plenty.

New protections for the Te Arawa lakes are in place via a CAN. This new CAN came into effect on 10 November 2023 replacing the initial temporary CAN, which saw the closure of Lake Ōkataina.

Under the CAN, all boats intending to enter Lake Ōkataina must undergo cleaning at a designated wash station in Rotorua and access hours to the lake are restricted. For boats accessing all other lakes there is a requirement for any boat that has been in the Waikato River within the preceding 30 days to undergo mandatory cleaning at a designated wash station.

At present there is one designated wash station (The Wash Place, 338 Te Ngae Road). This facility is open 24 hours seven days a week and a fee applies. Compliance with CAN requirements is monitored at boat ramps by Te Arawa Lakes Trust biosecurity contractors. Other potential wash stations including a temporary wash station for Lake Ōkataina are currently being investigated.

As with Caulerpa, if gold clams were within scope of the partial plan review the following options would be analysed:

1. Do nothing, (though this could include supporting a nationally led long term management plan)

2. Include gold clams as an exclusion pest within the RPMP, which would include modifying Rule 7 of the RPMP to ensure any vessels and/or equipment used in waterbodies has been cleaned and dried prior to use in another waterbody; and/or

3. Encourage the new Government to proceed with urgency to develop robust pathway management rules on any boaties using the infested area of the Waikato River.

5. Minor Amendments

The Act provides for minor amendments (section 100G(4)). Minor amendments must not significantly affect any person’s rights and obligations. Staff have identified the following minor amendments that could be made at the same time the RPMP is changed without needing to meet the RPMP review requirements set out in Attachment 1:

· The eradication pest plant Spartina has had its taxonomy reviewed and is now known as Sporobolus alterniflorus (formerly known as Spartina alterniflorus). As there are desirable Sporobolus species staff propose using this opportunity to update the species name and clarify species of Sporobolus that need to be managed.

· Currently for split pest management programmes it is unclear what programmes apply within waterbodies (for example, islands inside Ōhiwa harbour, coastal and river margins). Staff propose amending the maps to clarify pest management programmes for these areas.

6. Considerations

6.1 Risks and Mitigations

Staff consider there is some risk if the RPMP is not reviewed (and amended) as Council’s pest management response is largely limited to pests currently included in the RPMP and accompanying management provisions. Undertaking preliminary analysis to support a partial RPMP review will provide full transparency to support any chosen management approach for the emerging issues outlined in this report.

The inclusion of other wallaby species within the RPMP poses little risk as wallaby management currently enjoys broad community support.

Initial informal advice from MPI and Scion staff suggests changing the status of some conifer species would pose little risk but this would need to be tested more thoroughly through public consultation.

Likewise, implications of changing the status of PA, should it be confirmed as present in the Bay of Plenty, will be more fully understood following public consultation. However, should Council decide to remove PA from the RPMP we could be exposed to some risk of legal challenge, as this pest was included in the RPMP following an appeal.

There is a strong community desire, particularly among iwi, to keep Caulerpa and gold clam out of the region. Staff recommend both pests are considered for inclusion in the partial RPMP review. The background information collected to support the RPMP review will help the community understand the rationale behind any recommended management approach.

6.2 Climate Change

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

6.3 Implications for Māori

Implications for Māori are required to be considered throughout the partial review as required by section 70(2)(e)(i) of the Act.

There is an expectation from Māori that Council is best prepared to manage pests and Māori will continue to be part of pest management responses. This is evidenced through iwi’s proactive approach to prevent a gold clam incursion and their growing interest in wallaby management.

6.4 Community Engagement

The Act sets out clear consultation requirements that will need to be met during an RPMP review.

6.5 Financial Implications

The immediate costs of initiating a partial RPMP review are staff time to prepare the proposal. These costs fit within current budgets.

Financial implications of any proposed changes to the RPMP need to be clearly documented as part of the decision to initiate an RPMP review. These considerations would form part of Council’s decision to formally initiate a review.

7. Next Steps

If Council endorses a partial review, staff will prepare the proposal in accordance with section 70 of the Act (see Attachment 1). Key issues to be considered include:

· Reasons for proposal

· Management options (including doing nothing)

· Costs and benefits of proposed management options

· Allocation and funding of implementation costs

· Consultation.

These matters must be fully considered at the point Council formally initiates an RPMP review (if they decide to do so).

Attachments

Attachment 1 - Attachment 1 Biosecurity provisions relating to RPMP review ⇩



Report To:	Regional Council
Meeting Date:	14 December 2023
Report Writer:	Samantha Pottage, Planner
Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science
Purpose:	To provide an update on the Hearing Panel recommendations on Proposed Change 6 to the Regional Policy Statement and to seek adoption of those recommendations from the Regional Council.

Hearing Panel recommendations on submissions for Proposed Change 6 (National Policy Statement on Urban Development 2020) to the Regional Policy Statement

Executive Summary

Proposed Change 6 (National Policy Statement on Urban Development) (“NPS-UD”) to the Regional Policy Statement seeks to fulfil Council’s statutory obligation under the National Policy Statement for Urban Development 2020 (“NPS-UD”).

Proposed Change 6 (NPS-UD) was publicly notified on 9 August 2022. The submissions period closed on 6 September 2022, and further submissions closed on 10 February 2023. Hearings were held at the Atrium Café and Conference Centre in Ōtumoetai, Tauranga, on Wednesday 21 and Thursday 22 June 2023. The Hearing Panel comprised of Robert Scott (Independent Chairperson), Rawiri Faulkner (Independent Commissioner), Councillor Jane Nees and Councillor Paula Thompson.

The Hearing Panel held their deliberations and a field trip over three days from 18 to 20 July 2023. The Hearing Panel recommendations were received from Chairperson, Mr Robert Scott on 19 October 2023.

Staff also propose amending Policy UG 25B to align with latest figures in the SmartGrowth Housing and Business Capacity Assessment 2022. This requires minor amendments to the Housing Bottom Lines figures which can be updated without requiring a Schedule 1 RMA process.

Recommendations

That the Regional Council:

1 Receives the report, Hearing Panel recommendations on submissions for Proposed Change 6 (National Policy Statement on Urban Development 2020) to the Regional Policy Statement, including the supporting documents listed in section 1.1 of this report;

2 Receives, adopts and records that it has had particular regard to the Section 32AA Evaluation Assessment titled ‘Proposed Change 6 (NPS-UD) to the Bay of Plenty Regional Policy Statement: Section 32AA evaluation of changes’, dated June 2023 as part of the Councils decisions on submissions on Proposed Change 6 (NPS-UD) to the Bay of Plenty Regional Policy Statement;

3 Receives and adopts the report and recommendations of the Hearing Panel as set out in the Hearing Panel Report titled ‘Recommendation of an Independent Hearing Panel, Proposed Change 6 to the Bay of Plenty Regional Policy Statement (NPS-UD)’, dated 19 October 2023, attached as a supporting document to the agenda, as Councils decisions on submissions on Proposed Change 6 (NPS-UD) to the Regional Policy Statement under clause 10(1) of Schedule 1 to the Resource Management Act 1991;

4 Approves public notification of its decisions on submissions on Proposed Change 6 (NPS-UD) to the Bay of Plenty Regional Policy Statement in accordance with clauses 10 and 11 of Schedule 1 to the Resource Management Act 1991;

5 Approves the content and steps outlined in section 3 of this report for the non-Schedule 1 Resource Management Act process to update the Regional Policy Statement, Policy UG 25B to include the updated Housing Bottom Lines for Tauranga and Western Bay of Plenty as required by the National Policy Statement on Urban Development;

6 Delegates Authority to the General Manager, Strategy and Science the ability to make minor editorial changes to the Proposed Change 6 Provisions prior to notification;

7 Notes that on and from the date the decisions are publicly notified, Proposed Change 6 (NPS-UD) is amended in accordance with those decisions.

1. Introduction

The Hearing Panel for Proposed Change 6 (NPS-UD) to the Regional Policy Statement has heard and considered submissions and has made recommendations to Regional Council to make decisions on submissions based on those recommendations.

The Hearing Panel comprised of Robert Scott (Independent Chairperson), Rawiri Faulkner (Independent Commissioner), Councillor Jane Nees and Councillor Paula Thompson.

If adopted the Hearing Panel’s recommendations will become Council’s decisions under clause 10 of Schedule 1 to the Resource Management Act 1991. It is anticipated that the decisions will be publicly notified in late January or early February 2024. On or from the date the decisions are publicly notified, Proposed Change 6 (NPS-UD) is amended to the Regional Policy Statement in accordance with those decisions.

If Regional Council decides not to adopt the Hearing Panel recommendations, the submissions will need to be reheard in a public hearing.

1.1 Supporting documentation

There is a suite of supporting documents to this report relating to the Hearing Panel recommendations, and update to the Housing Bottom Lines policy. These can be found attached to this meeting agenda and will be made available on the Proposed Change 6 (NPS-UD) section of the Council website from the date of notification. These reports are listed below.

(a) The Hearing Panel Report titled ‘Recommendation of an Independent Hearing Panel. Proposed Change 6 to the Bay of Plenty Regional Policy Statement (NPS-UD)’, dated 19 October 2023.

(b) Version 7.0 of the Proposed Change 6 provisions recommended by the Hearing Panel and provided as Appendix 1 of the Hearing Panel Report titled ‘Proposed Change 6 (NPS-Urban Development) to the Regional Policy Statement. Hearing Panel Recommendations dated 19 October 2023.

(c) Table Summary of all Submissions and Staff Recommendations provided as Appendix 2 of the Hearing Panel Report. (This document is an alternative format of the ‘Staff Recommendations on Provisions with Submissions and Further Submissions’ report dated June 2023 as had been requested by the Hearing Panel).

(d) Section 32AA Analysis titled ‘Proposed Change 6 (NPS-UD) to the Bay of Plenty Regional Policy Statement: Section 32AA evaluation of changes dated June 2023’.

(e) Update to Policy UG25B: Housing bottom lines – Rotorua and western Bay of Plenty sub-region.

(f) Hearing Panel Recommendations on Provisions with Submissions and Further Submissions Report.

In addition to the above-mentioned reports, the Hearing Panel report refers to various Council staff reports including section 42A and 32A assessments. These reports were made available to submitters and are available on the Councils website.

1.2 Legislative Framework

The legislative framework for Proposed Change 6 (NPS-UD) is the NPS-UD, which came into effect on 20 August 2020 and sets out what is required to be implemented in the Regional Policy Statement. Proposed Change 6 (NPS-UD) has followed the standard Schedule 1 process of the Resource Management Act for making changes to the Regional Policy Statement.

It is recognised that the coalition government, agreement and 100-day plan intend to allow for the Medium Density Residential Standards (that are included within the National Policy Statement for Urban Development 2020) to be optional for Councils. This would not require any further policy changes through Proposed Change 6 (NPS-UD) which does not directly address the Medium Density Residential Standards, rather this is a process considered through district plan changes. Additionally, the Western Bay of Plenty District Council and Tauranga City Council are well through implementing the requirements of the National Policy Statement on Urban Development, and we do not anticipate the withdrawal of the Medium Density Standards to have an impact.

1.2.1 National Policy Statement on Urban Development 2020

The NPS-UD recognises the national significance of:

· Having well-functioning urban environments that enable all people and communities to provide for their social, economic and cultural wellbeing; and

· Providing sufficient development capacity to meet the different needs of people and communities.

The NPS-UD requires:

· Planning decisions relating to urban development takes into account the principles of Te Tiriti o Waitangi;

· That plans make room for urban growth both ‘up’ and ‘out’ and that rules are not unnecessarily constraining growth;

· Developing, monitoring and maintaining an evidence base about demand, supply and prices for housing and land to inform planning decisions; and

· Aligning and coordinating planning across urban areas, regardless of boundaries.

1.3 Alignment with Strategic Framework

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
A Vibrant Region	We contribute to delivering integrated planning and growth management strategies especially for sustainable urban management.

Proposed Change 6 (NPS-UD) contributes to the Healthy Environment, and a Vibrant Region Community Outcomes in Council’s Long-Term Plan 2021-2031. Proposed Change 6 (NPS-UD) implements the NPS-UD requirements and contributes to Council’s functions and responsibilities for sustainable urban management.

1.3.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

þ Social

Medium - Positive

¨ Economic

There is a positive impact of implementing the NPS-UD through Proposed Change 6 (NPS-UD). Providing for sufficient development capacity is essential to meeting the needs of the community in urban areas that are experiencing rapid growth. The NPS-UD sets out policy direction to support productive and well-functioning urban areas through recognising and enabling opportunities for land to be developed to meet community business and housing needs.

2. Background

The second-generation Regional Policy Statement became operative on 1 October 2014, providing a framework for the sustainable management of the region’s natural and physical resources. The Regional Policy Statement sets out what needs to be achieved through objectives, and how it will be achieved through policies and methods. It highlights regionally significant issues with land, fresh and coastal water, air, infrastructure, biodiversity and issues significant to iwi.

The NPS-UD requires changes to the Regional Policy Statement to enable more land and infrastructure supply, growth of urban centres to support well-functioning urban environments. Proposed Change 6 (NPS-UD) to the Regional Policy Statement includes the removal of the Appendix F urban limits (and related provisions) and amendments to policies to be more flexible and responsive to urban growth proposals. Proposed Change 6 (NPS-UD) also includes criteria for determining what district plan changes will be treated as adding significantly to development capacity including out of sequence and unplanned private development proposals, policy that supports greater intensification in urban environments and policy to implement the principles of Te Tiriti o Waitangi in urban planning.

2.1 Overview of Hearing Process

The Hearing Panel heard from 12 submitters over the two-day hearing on 21 and 22 June 2023 at The Atrium Café and Conference Centre in Ōtumoetai. The hearing of submissions concluded midday on Thursday 22 June 2023.

Post the hearing, Chairperson Robert Scott directed any further information from submitters and the Reporting Planner to be provided by Friday 7 July 2023. Two further responses were received by submitters, and the written response to submissions heard by the Reporting Planner had been shared with the Hearing Panel and are available on the Council website.

The Hearing Panel conducted a field trip on 18 July 2023 around key urban growth areas and sites of contention in the western Bay of Plenty sub-region and commenced deliberations at Regional House following their field trip on 19 and 20 July 2023.

The Chairperson had provided a draft panel recommendation to staff for a technical review on 9 October 2023, and a final recommendation was provided on 19 October 2023.

2.2 Updated Staff Recommendations

In response to the hearing of submissions, staff made further recommended changes including updating Policy UG 22B. The recommendations provide greater clarity on policy intent, in response to submissions. These further recommendations were adopted by the Hearing Panel, and form part of their recommendations to Regional Council.

3. Proposed Change 6 Hearing Panel Recommendations

Within the Hearing Panel Recommendation Report, the Hearing Panel recognise that there is general support from most submitters to the changes proposed. However, the Hearing Panel also recognised various changes requested by submitters are contentious. The principal changes sought primarily relate to the wording of policies. As set out within their recommendation, the Hearing Panel have determined that Proposed Change 6 (NPS-UD) should be approved with some minor changes sought by submitters in addition to the further recommendations from staff, as well as recommendations based on the Hearing Panel’s own findings based on the evidence received.

3.1 Recommended Amendments to Proposed Change 6 (NPS-UD)

3.1.1 Overview of Changes

An overview of the key changes recommended by the Hearing Panel is provided below.

1. Clarification for Māori land development that is not proposed to be part of meeting significant development capacity.

Policy UG 7A – Providing for unanticipated or out-of-sequence urban growth – urban environments.

Updated through Proposed Change 6, Policy UG 7A sets out criteria for local authorities to consider unanticipated or out-of-sequence developments that could add significantly to development capacity. One of the listed criteria (clause b) is that a proposed development is large enough, being 5 hectares or more for Tauranga and Western Bay of Plenty urban environments.

Within the Hearing Panel Recommendation Report, the Hearing Panel recognise that Policy UG 22B clearly enables the establishment of Papakāinga housing, marae and community facilities without being captured by the Policy UG 7A 5 hectare minimum area threshold. In this regard, the Hearing Panel recommend the inclusion of additional explanation text to Policy UG 7A specifying that housing, marae and community facilities are excluded.

The additional recommended explanation text at the second paragraph of the explanation statement for Policy UG 7A is worded as follows (additions shown underlined).

‘Clause (b) of this policy does not apply to papakāinga housing, community and social housing, marae and community facilities enabled by Policy UG 22B: Te Tiriti o Waitangi Principles.’

Policy UG 22B – Te Tiriti o Waitangi Principles

Comparatively, the Hearing Panel recommend similar wording to Policy UG 22B. Additional recommended explanation text has been added to the second paragraph for Policy UG 22B as follows.

‘Policy UG 7A applies to Māori development where it relates to urban environments and is unanticipated or out of sequence but does not apply to papakāinga housing, community and social housing, marae and community facilities.’

4. Section 32AA Evaluation

When making its decisions on submissions, the Council must have particular regard to the further evaluation undertaken in accordance with section 32AA. As recorded within the Hearing Panel Recommendation report, the Hearing Panel have adopted the Council Planners’ section 32AA assessment. It is recommended that Regional Council Committee have particular regard to this assessment when making its decision. The Hearing Panel Recommendation report and the section 32AA assessment is attached as a supporting document to the agenda.

5. Housing Bottom Lines

The NPS-UD requires the inclusion of housing bottom lines into the Regional Policy Statement for Tier 1 and 2 urban environments. The housing bottom lines are from the publicly available housing and business capacity assessments. These have been prepared by Rotorua Lakes Council, and for the Western Bay sub-region (Tauranga and Western Bay councils) respectively.

The Regional Policy Statement was last updated in December 2018 in this way in accordance with the previous National Policy Statement – Urban Development Capacity 2016. Housing and business capacity assessments are reviewed and updated every three years, and the resulting housing bottom lines (if different) must also be updated in the Regional Policy Statement.

The insertion of the housing bottom lines into the Regional Policy Statement can be undertaken without due formality using the Schedule 1 Resource Management Act process. (NPS-UD 3.16(4)). This means that the Regional Policy Statement will be updated, but there will be no submissions or hearings for this particular change. As such, the Regional Council does not need to formally ‘adopt’ or ‘approve’ the housing bottom line update to the Regional Policy Statement, however, Council does need to publicly notify that the Regional Policy Statement has been changed (and updated printed and online versions). A copy of the proposed wording is attached as a supporting document to the agenda. The changes required are to the Tauranga City and Western Bay of Plenty District bottom lines. These changes have been agreed to from both Councils.

Staff recommend that this change is notified at the same time as Proposed Change 6 (NPS-UD) (should Council choose to adopt Proposed Change 6) for consistency in adopting and changing the relevant urban growth provisions of the Regional Policy Statement at the same time.

6. Considerations

6.1 Risks and Mitigations

There is low risk associated with Proposed Change 6 (NPS-UD). This change is required to implement the NPS-UD which is a national direction requirement that must be implemented. Proposed Change 6 (NPS-UD) follows Ministry for the Environment guidance material on responsive planning criteria. Previous direction from the Strategy and Policy Committee has limited Proposed Change 6 (NPS-UD) to ‘only doing what we need to do’. Staff engaged in meaningful consultation early and widely consistent with RPS Policies IR 4B ‘Using consultation in the identification and resolution of resource management issues.’ Hearings proceeded as expected and had a full day and a half of hearings by submitters in person as well as online.

6.2 Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts. Existing RPS climate change provisions will continue to apply to urban growth and development. These are Policy NH 11B ‘Providing for climate change’ and Policy IR 2B ‘Having regard to the likely effects of climate change’.

6.3 Implications for Māori

NPS-UD Policy 9 requires Te Tiriti o Waitangi principles are taken into account in relation to urban environments, which includes:

· Undertaking effective involvement and consultation with hapū and iwi that is early, meaningful and, as far as practicable, in accordance with tikanga Māori;

· Taking into account hapū and iwi values and aspirations for urban development;

· Providing opportunities for Māori involvement in decision-making on resource consents, designations, heritage orders, and water conservation orders, including in relation to sites of significance to Māori and issues of cultural significance; and

· Operate in a way that is consistent with iwi participation legislation.

Proposed Change 6 (NPS-UD) includes a replacement Policy UG 22B to implement NPS-UD Policy 9 requirements. Replacement Policy UG 22B contains elements of existing operative RPS policies in the Iwi Resource Management chapter that apply to urban growth and development. The policy direction will result in positive cultural and economic effects while also seeking to protect existing urban marae from incompatible uses or development.

The Proposed Change 6 Hearing Panel included the appointment of Mr Rawiri Faulkner as in independent commissioner with expertise in tikanga Māori. Mr Rawiri Faulkner is a qualified environmental hearing commissioner who has held senior roles in Local Government and Crown Agencies and is currently employed by Ngāti Toa Rangatira as Partnership Manager on the Te Aranga Alliance.

6.4 Community Engagement

INFORM

Whakamōhio

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

Consultation and feedback were sought throughout the process of drafting Proposed Change 6 (NPS-UD). Once the formal Schedule 1 process commences community engagement is limited. Clause 8B of Schedule 1 to the Resource Management Act 1991 sets out that:

A local authority shall hold a hearing into submissions on its proposed policy statement or plan, and any requirements notified under clause 4, and give at least 10 working days notice of the dates, times, and place of the hearings to—

a) every person who made a submission or further submission, and who requested to be heard (and has not since withdrawn that request)

All submitters who stated they wished to be heard were advised of the date and location of the hearing well in advance. Staff communicated with and catered to submitter preferences as far as practicable, and all submitters who wished to be heard at the hearing were able to do so.

6.5 Financial Implications

There are no material unbudgeted financial implications and this Proposed Change 6 (NPS-UD) fits within the allocated budget. Proposed Change 6 (NPS-UD) is under the Regional Planning activity. Work to date has involved staff time (for project planning, policy development, and community engagement), and specialist urban growth consultant advice. Costs for the Schedule 1 process are administrative (e.g. public notification, printing), staff time, and Hearing Panel costs (Commissioners).

7. Next Steps

In the event that the Regional Council Committee adopts the Hearing Panel recommendations, it is anticipated that the decisions on submissions and the updated housing bottom lines will be publicly notified between late January and mid-February 2024. Following the notification of Regional Council decisions, submitters have 30 days to lodge and appeal to the Environment Court, should they wish to do so. Due to the broad and ranging nature of the submissions and the relief sought, staff anticipate appeals will be lodged and mediation will be necessary. Staff will report back on ant appeals following that 30-day time period around mid-March 2024.

Attachments

Attachment 1 - Staff Section 32AA Analysis ⇩

Attachment 2 - Update to Policy UG 25B: Housing Bottom Lines ⇩

Supporting Document 1 - Recommendation of an Independent Hearing Panel. Propsoed Change 6 to the Bay of Plenty Regional Policy Statement. ⇩

Supporting Document 2 - Version 7.0 of Proposed Change 6 - Panel Recommendation ⇩

Supporting Document 3 - Table Summary of all Submissions and Staff Recommendations. ⇩

Supporting Document 4 - Hearing Panel Recommendations on Provisions with Submissions and Further Submissions Report ⇩