Council

Membership

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

Purpose

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

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

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

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

Role

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

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

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

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

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

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

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

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

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

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

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

· Oversee the work of all committees and subcommittees.

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

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

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

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

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

· Address strategic corporate matters including property and accommodation.

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

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

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

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

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

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

Delegations from Council to committees

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

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

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

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

· It is accepted in making these delegations that:

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

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

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

Powers that cannot be delegated

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

· Make a rate.

· Make a bylaw.

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

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

· Appoint a chief executive.

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

· Adopt a remuneration and employment policy.

Livestreaming and Recording of Meetings

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

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

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

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



Report To:	Regional Council
Meeting Date:	9 May 2024
Report Authoriser:	Doug Leeder

Chairperson's Report

Executive Summary

Since the preparation of the previous Chairperson’s Report for the Council meeting on 26 March 2024, I have attended and participated in a number of meetings and engagements as Chairperson on behalf of Toi Moana 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
20 March	Draft Long Term Plan Presentation to Ōpōtiki District Council – Ōpōtiki	Covered key highlights of our Draft Long Term Plan. Councillors Campbell, Iti and Nees also attended.
20 March	Catch-up with Ōpōtiki Mayor David Moore and Chief Executive Stace Lewer – Ōpōtiki	Chief Executive Fiona McTavish also in attendance.
21 March	SmartGrowth Leadership Group Meeting – Tauranga	Attended.
21 March	Regional Sector Group meeting with Minister for Regional Development and Resources Hon Shane Jones – Wellington	Discussed RMA opportunities for improvement and opportunities for Central Government and Regional Council to work more collaboratively.
25 March	UNISA Mayors and Chairs Meeting – Videoconference	Discussed updates from Central Government and considered updated versions of the UNISA Agreement and Value Proposition. An update on the joint response to the invasive Caulerpa seaweed was also provided.
26 March	Vaughan Payne Briefing on Waikato/ Bay of Plenty Proposal for Doing Local Waters Well – Tauranga	Attended.
4 April	Bay of Plenty Agricultural Advisory Committee Meeting – Te Puke	Spoke about our BOPRC Long Term Plan.
5 April	Meet and greet with Minister for Emergency Management and Recovery Hon Mark Mitchell – Tauranga	The Bay of Plenty Civil Defence Emergency Management Group Joint Committee members met with the Minister, before their committee meeting.
7 April	Lakes Water Quality Society Annual General Meeting – Rotorua	Attended.
11 April	Combined Sector Meeting followed by Stakeholder Function – Wellington	This is covered in more detail in the following section.
11 April	Regional Sector Dinner – Wellington	Attended.
12 April	Regional Sector Meeting – Wellington	This is covered in more detail in the following section.
19 April	Port of Tauranga Ltd Board Meeting – Mount Maunganui	Attended.
23 April	Meeting with Minister of RMA Reform, Infrastructure and Housing Hon Chris Bishop – Tauranga	Discussed housing, infrastructure and RMA issues impacting the Bay of Plenty. Tauranga City Council Commissioner Chair Anne Tolley and Western Bay of Plenty District Council Mayor James Denyer were also in attendance.
	SmartGrowth Implementation and Funding Plan Workshop – Tauranga	Attended.
	Meeting with MP Tom Rutherford and Waitao Road residents – Tauranga	Discussed flood issues in the Waitoa Catchment.
25 April	ANZAC Tauranga Civic Memorial Service – Tauranga	BOPRC wreath laid with Councillor von Dadelszen.

3. Matters of Potential Interest

3.1 Combined Sector Meeting

This was the first Combined Sector meeting for 2024, which took place in Wellington on 11 April. Local government faces a number of common challenges and opportunities, so this meeting was a chance to hear from thought-leaders, Ministers, officials and to workshop issues that are top of mind for councils.

Some of the topics covered included: addressing New Zealand’s 30-year infrastructure needs, what’s driving the increased costs for local government, and fast track consenting and what it means for councils and their communities. Local Government New Zealand (LGNZ) also launched their refreshed strategy.

Minister for Tourism Hon Matt Doocey spoke about working together on tourism and funding tools for local government, and Minister for Local Government Hon Simeon Brown gave an address at a stakeholder event following the sector meeting.

3.2 Regional Sector Meeting

The Regional Sector meeting for regional and unitary council Chairs, Mayors and Chief Executives, was held in Wellington on 12 April 2024.

Te Uru Kahika Regional and Unitary Councils Aotearoa and LGNZ provided an update which included sharing lessons learned from a review of the CDEM response to Cyclone Gabrielle and the sectors’ views on the draft Government Policy Statement on Land Transport. The group also discussed and provided input into the Fast-Track Approvals Bill submission.

Minister of Biosecurity and Associate Minister of Agriculture and the Environment, Hon Andrew Hoggard attended the meeting and spoke about the priorities for Biosecurity, Biodiversity and Freshwater Management. James Palmer, Secretary for the Environment also attended and provided a policy update including freshwater policy.



Report To:	Regional Council
Meeting Date:	9 May 2024
Report Writer:	Steve Groom, Governance Manager and Claudia Cameron, Committee Advisor
Report Authoriser:	Karen Aspey, General Manager, People and Leadership
Purpose:	The purpose of this report is to provide final options for Council to consider before resolving the Representation Review 2024 Initial Proposal which will go out for public consultation in June.

Representation Review 2024 - Initial Proposal

Executive Summary

The Local Electoral Act requires Council to review the representation arrangements to apply to the following two elections. Following guidance provided at the March workshop, this paper recommends an ‘initial proposal’ for your adoption, which will then go through a consultation process before you adopt your ‘final proposal’ in September this year.

Public consultation is central to arriving at a final proposal that is both fair, and seen to be fair, by the constituents of Bay of Plenty. This paper provides a draft consultation document for your endorsement, which includes an outline of both your initial proposal, and the full range of options you considered and discarded in arriving at your initial proposal.

Recommendations

That the Regional Council:

1 Receives the report, Representation Review 2024 Initial Proposal;

2 Determines that under section 19I of the Local Electoral Act 2001 the proposed number of constituencies, the proposed names and the proposed boundaries of each constituency and the number of members proposed to be elected by the electors of each constituency is to remain as status quo, being:

General Constituencies

Eastern Bay of Plenty 2 Elected Members

Rotorua 2 Elected Members

Tauranga 5 Elected Members

Western Bay of Plenty 2 Elected Members

Māori Constituencies

Mauao 1 Elected Member

Kōhi 1 Elected Member

Ōkurei 1 Elected Member

Total 14 Elected Members

3 Determines that under section 19U of the Local Electoral Act 2001:

a. The proposed number and boundaries of constituencies will provide effective representation of communities of interest within the region;

b. The proposed constituency boundaries coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes;

c. So far as is practicable, constituency boundaries coincide with the boundaries of 1 or more territorial authority districts.

4 Determines that under section 19V of the Local Electoral Act 2001 the number of members to be elected by the electors of the proposed constituencies will ensure fair representation having regard to the population of each constituency in the region.

5 Notes that the review is subject to the provisions of the Bay of Plenty Regional Council (Māori Constituency Empowering) Act 2001, and is therefore not required to consider section 19ZH or schedule 1A of the Local Electoral Act 2001 as part of this review.

6 Notes that this initial proposal does not comply with section 19V (2) of the Local Electoral Act 2001 and therefore must be referred directly to the Local Government Commission for determination. However, as in accordance with section 19V(3)(b) of the Local Electoral Act 2001, the Regional Council considers the initial proposal ensures effective representation of communities of interest.

7 Notes that public notice must be given no later than 14 days after the initial proposal for the Bay of Plenty Regional Council representation arrangement is resolved, being 23 May 2024.

8 Approves the draft consultation document attached to this paper.

9 Approves the community engagement plan as outlined in section 5.1 of this report.

10 Delegates to the Chief Executive the responsibility for making any non-consequential edits or amendments to the draft Consultation Document that may be required prior to it being published.

1. Introduction

Under the Local Electoral Act 2001 (LEA) Council is required to undertake a review of its representation arrangements at least every six years. A review includes identifying the number of constituencies, the names and boundaries of each constituency and the number of councillors to be elected by the electors in each. The review is for the Māori constituencies and the General constituencies, for ease of reference the term Initial Proposal applies to both the Māori and General constituency representation proposals.

A workshop was held on 19 March 2024, where guidance was provided to further shortlist options. The Workshop Pack, which provided background information, legislative context, explanation of the process and potential representation options, and the workshop notes, summarising the discussion and guidance, can be found on the BOPRC website - BOPRC Representation Review Workshop Pack - 19 March 2024 and BOPRC Representation Review Workshop Notes - 19 March 2024

1.1 Legislative Framework

The legislation governing this project is the Local Electoral Act 2001 (in particular sections 19I to 19ZI) and the Bay of Plenty Regional Council (Māori Constituency Empowering) Act 2001

1.2 Alignment with Strategic Framework

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

This review is an opportunity to ensure we continue to have a fair and effective representation arrangement, which best supports democracy and participation.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

þ Social

Medium - Positive

¨ Economic

Representation Reviews allow people the opportunity to shape representative arrangements and ensure fair and effective representation. This is a key democratic feature and forms an important part of council’s social licence to operate.

2. Development process leading to initial proposal

2.1 Technical matters

Appendix one of this paper contains a brief outline of contextual matters relating to the conduct of this review, including the TCC and WBOPDC boundary reorganisation implemented since the 2018 Representation Review, and background on the data used to undertake the development of options.

2.2 Options development and assessment

Several dozen representation options were developed. Each option was analysed in terms of fair and effective representation, alignment to communities of interest and alignment to Territorial Authority boundaries. A ‘short-list’ of options was then presented at the workshop.

These options can be found here - Mapped Options - 2024 Representation Review along with the BOPRC Representation Review Workshop Pack - 19 March 2024.

Due to our population distribution, no one option meets all criteria. There is a trade-off between effective and fair representation. Options tested included changing the number of constituencies, decreasing the number of Councillors, and changing boundaries. None simultaneously addressed both fair and effective representation.

2.3 Discarded Options

Four short-listed Māori and six general constituency options were presented at the workshop. Councillors provided guidance and reasoning for non-viable options. To support public engagement, Councillors directed that consultation should include all options considered, and their reasons for options being discarded. This has been included in the attached Draft Consultation Document.

3. Initial proposal

Deliberative discussion at the workshop resulted in staff further investigating and developing the status quo option for both Māori and general constituencies.

3.1 Initial proposal for Māori constituencies

This paper proposes Council adopt the ‘status quo’ for Māori constituencies as their initial proposal. This provides for three Māori constituencies: Mauao, Ōkurei and Kōhi, with each constituency represented by one Councillor.

An assessment of this option against legislative criteria is provided below.

3.1.1 Effective Representation

While the issue of the Kōhi constituency being disproportionately large remains, the region’s geography and population distribution means that there is no viable alternative that would address this issue without creating a significant countervailing issue with respect to fair representation or alignment with iwi/hapū. The current level of effective representation will remain unchanged.

3.1.2 Fair representation

This proposal provides fair representation. Constituents in Ōkurei and Kōhi are slightly over-represented (-1.9% and -2.2% respectively) and in Mauao slightly under-represented (4.1%), but all are within the +/- 10% threshold. Over-representation in Kōhi is arguably justified, given the much larger geographic area of this constituency.

3.1.3 Alignment with iwi/hapū, communities of interest and other matters

Pre-engagement with the community did not suggest significant issues with status quo for Māori constituencies. There was some isolated feedback regarding:

· status quo option splits the headwaters of the Rangitāiki River from its mouth

· status quo does not house all of Te Arawa waka in one constituency

Māori constituency councillors and Te Amorangi staff held informal conversations with relevant iwi and hapū on these matters. The feedback was that these matters are not of major concern to most. We heard that the current arrangements work and are well understood, and that change may create more confusion than it resolves.

While iwi/hapū affiliations are not a direct proxy for communities of interest, there is likely to be overlap. The three constituencies do broadly represent distinct communities of interest, with each having a distinct character and shared interests based on population centres, lifestyles, economies and cultural histories.

3.2 Initial proposal for general constituencies

This paper proposes Council adopt the ‘status quo’ arrangements for general constituencies as their initial proposal.

The status quo option has four electorates: Western Bay of Plenty (two Councillors), Tauranga (five Councillors), Rotorua (two Councillors) and Eastern Bay of Plenty (two Councillors). An assessment against legislative criteria is provided below.

3.2.1 Effective Representation

While the issue of the Eastern Bay of Plenty being disproportionately large remains, the region’s geography and population distribution means that there is no viable alternative that would address this issue without creating a significant countervailing issue with respect to fair representation or alignment with TA boundaries. The current level of effective representation will remain unchanged.

The Eastern Bay of Plenty is already outside of the +/- 10% threshold for fair representation, and options that seek to reduce the size of this constituency would worsen this. We considered a range of options to change the boundaries of this constituency, but these either worsens fair representation or creates a new constituency that has one member who has to cover a very large and dispersed area.

3.2.2 Fair representation

This initial proposal would see Tauranga under-represented by 11.6% and Eastern Bay of Plenty over-represented by -32.1%. This is an increase from our last review, when Eastern Bay of Plenty was over-represented by 25.4%. As a result, it will be referred to the Local Government Commission (LGC) if adopted as the final proposal.

We consider that that this over-representation is justified. Fair representation is very important, but for a Regional Council, which has environmental protection as a core purpose, effective representation (reflecting geography and land area) is a key consideration. A large proportion of our services are delivered in the Eastern Bay of Plenty. We also note that pre-engagement consultation feedback advocated for strong representation in Eastern Bay of Plenty for the reasons outlined above.

Although Tauranga is under-represented, 43% of elected members represent Tauranga under this option. If Western Bay and Tauranga (having shared networks and interests) are considered as a block, then a majority (57%) represent the area.

The LGC has considered this matter in our two most recent reviews, and at the time supported arrangements outside of the +/- 10% threshold on the basis that:

· The arrangements are well established and familiar to residents

· Four constituencies align with territorial authority boundaries which reflects communities of interest

· The amalgamation of three sub-regional district councils into the Eastern Bay constituency was sensible given the similarities of terrain, settlement patterns and their focus on Whakatāne as the main service town, and the strong commonalities between these three areas

· Current boundaries cannot be realigned in a way that will not alienate communities of interest or create unnatural geographical boundaries

· The circumstances of the Rotorua and Eastern Bay of Plenty constituencies in 2018 were very similar to those applying at the time of the previous determination in 2013, where council’s decision was also upheld.

These considerations still apply in 2024. In 2018, the LGC noted that rapid growth may require a more thorough review in future. We undertook a rigorous ‘from scratch’ review, considering dozens of options in an effort to find one that might better balance fair and effective representation in the context of our region.

No one option emerged that addressed both fair and effective representation. We were able to engineer an option that would address fair representation and fall within the +/- 10% threshold for all constituencies[1], but the trade-off was a reduction in effective representation and reduced alignment of communities of interest.

3.2.3 Alignment with of communities of interest, TA boundaries and other matters

This option aligns communities of interest, with each constituency having a distinct character and economic profile. It also aligns with the TA boundaries, although we note that the Eastern Bay constituency combines a number of TAs. The LGC has previously determined that this was acceptable.

4. Considerations

4.1 Risks and Mitigations

There are no significant risks associated with this project. However, representation arrangements are central to effective democracy. If this project was not conducted in a thorough and transparent manner, there is a risk of a negative impact to representative democracy and to reputation and reduced community trust.

4.2 Climate Change

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

4.3 Implications for Māori

This paper considers arrangements regarding Māori constituencies. While none of the proposals in this paper erode Māori representation, consideration of how any changes might impact on specific iwi/hapū has been central through pre-engagement and informal discussions. This will continue into formal engagement on the initial proposal, with this paper recommending that Council direct staff to provide constituents with a clear outline of an alternative option for Māori constituencies in order to drive engagement on this matter.

4.4 Community Engagement

CONSULT

Whakauiuia

To obtain input or feedback from affected communities about our analysis, alternatives, and /or proposed decisions. Further information about pre-consultation can be found here and further information about formal consultation is contained in the Next Steps section of this paper.

4.5 Financial Implications

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

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

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

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

5. Next Steps

5.1 Consultation, hearings, deliberations and decision

Following the resolution of the Initial Proposal, public consultation seeking submissions on the proposal will be conducted, commencing in June. Following the submissions period there will be an opportunity for submitters to be heard during hearings scheduled for August 2024.

Following hearings, deliberations will take place in late August 2024, with Council adopting its final proposal on 12 September 2024, after which a one month objection and appeal period applies.

You are required by law to notify the public of your initial proposal within 14 days of resolving it, and for a minimum of four weeks submission period to follow that. We are proposing a five week submission period.

A consultation document has been drafted, which is attached to this paper. The consultation document provides a plain language summary of the process, your initial proposal and the alternatives considered in arriving at your initial proposal. While you are not required to present discarded options as part of the consultation, you indicated to staff you would like to ensure that the public is well informed of various potential options to inform their feedback to you through the submissions process.

We propose to promote the submissions process to the public using low-cost, but broad-reach mechanisms, including a mix of print advertisements in a range of publications, online newsletters, social media, and printed collateral (consultation document). We will also provide an email update to territorial authorities, iwi authorities, key stakeholders and Participate project followers.

5.2 Local Government determination

If the initial proposal is unchanged and adopted by Council as its final proposal in September 2024, it will not meet the +/- 10% fair representation threshold and will therefore automatically proceed for determination, by April 2025, by the Local Government Commission.

Our focus has been on running a thorough and open-minded process, which includes pre-engagement activity earlier this year and a substantial consultation process over June 2024. Your deliberative discussions in the earlier workshop, your deliberation on this paper, and your open-minded considerations during the up-coming hearings process will form a central part of the information we will provide to the Local Government Commission to support them in making their determination, should it be required.

Attachments

Attachment 1 - BOPRC Representation Review 2024 Draft Consultation Document ⇩

Appendix one: Questions and clarification from workshop

Tauranga City Council and Western Bay of Plenty District Council 2021 Reorganisation

Tauranga City Council and Western Bay of Plenty District Council underwent a boundary reorganisation in 2020, which included:

(a) the transfer of areas at Belk Road, Keenan Road and Tara Road from Western Bay of Plenty District to Tauranga City; and

(b) the transfer of an area south of the Tauranga Eastern Link Toll Road from Tauranga City to Western Bay of Plenty District.

This was given effect on 15 February 2021 via an Order in Council, subsequently the Local Government Commission (LGC) prepared an implementation scheme which can be found here - BKT reorganisation implementation scheme (lgc.govt.nz). Regional constituencies were included in the implementation scheme in section 7.

Therefore, although the Status Quo option provided is not identical to that resolved during the 2018 BOPRC Representation Review, it is the current representation arrangement and will therefore continue to be referred to as Status Quo.

General information regarding the reorganisation can be found here - 2021 Western Bay of Plenty and Tauranga City reorganisation - Local Government Commission (lgc.govt.nz)

Data

The Local Electoral Act 2001 sets out that representation reviews must be based on either the most recently available Census data, or the most recent population estimates from Statistics New Zealand. Statistics New Zealand have advised that data from the 2023 Census is not yet available, but have provided updated population estimates[2] provided by Statistics New Zealand. A more detailed discussion on the data used to undertake this review was included in the workshop papers, available here: BOPRC Representation Review Workshop Pack - 19 March 2024.

We note that the data used in this review may appear to differ from population statistics quoted by Territorial Authorities within our region. These discrepancies are likely to be mainly due to TA data grouping general and Māori constituencies together, whereas the data included in this paper, and the prior workshop pack separates general and Māori constituency populations[3].



Report To:	Regional Council
Meeting Date:	9 May 2024
Report Writer:	Claudia Cameron, Committee Advisor
Report Authoriser:	Steve Groom, Governance Manager Karen Aspey, General Manager, People and Leadership
Purpose:	For Bay of Plenty Regional Council to adopt the updated Terms of Reference for Te Uepū Pāpāmoa Hills Cultural Heritage Regional Park.

Te Uepū Pāpāmoa Hills Cultural Heritage Regional Park Terms of Reference

Executive Summary

This report seeks adoption of the updated Terms of Reference (TOR) for Te Uepū Pāpāmoa Hills Cultural Heritage Regional Park (Te Uepū). The updated TOR have been approved by the four Iwi/hapū member organisations of Te Uepū (Ngāti He, Waitaha, Ngā Pōtiki and Ngāti Pūkenga). This adoption is recommended by Te Uepū.

Recommendations

That the Regional Council:

1 Receives the report, Te Uepū Pāpāmoa Hills Cultural Heritage Regional Park Terms of Reference.

2 Accepts the recommendation from Te Uepū Pāpāmoa Hills Cultural Heritage Regional Park and adopts Te Uepū Pāpāmoa Hills Cultural Heritage Regional Park Terms of Reference.

1. Introduction

Te Uepū was founded on the 2009 Memorandum of Understanding (MOU) between Waitaha, Ngā Pōtiki, Ngāti Pūkenga, Ngāti He (referred to as Iwi/hapū) and Regional Council. Te Uepū is a co-governance and co-management group with oversight of the Pāpāmoa Hills Cultural Heritage Regional Park.

Although Regional Council previously approved TOR for Te Uepū in September 2022, subsequent approval from Iwi/hapū was not received. Therefore, following feedback from members of Te Uepū, updated TOR have been developed (attachment 1). Approval of the updated TOR has been received from Iwi/hapū, and Te Uepū recommends Regional Council adopt the TOR.

1.1 Previous Report to Regional Council – September 2022

Regional Council received a report regarding Te Uepū Terms of Reference in September 2022. The information contained within that report remains relevant and can be found on the BOPRC website, from page 291: Agenda of Regional Council - Thursday, 29 September 2022 (boprc.govt.nz)

1.2 Alignment with Strategic Framework

A Healthy Environment	We work cohesively with volunteers and others, to sustainably manage and improve our natural resources.
The Way We Work	We continually seek opportunities to innovate and improve.
	We honour our obligations to Māori.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

¨ Economic

2. Developing a Terms of Reference

2.1 Memorandum of Understanding to Terms of Reference

A Memorandum of Understanding (MOU) was signed between Iwi/hapū and Regional Council in 2009 to formalise the existing relationship and establish a clear understanding of ongoing working relationships.

Terms of Reference have been developed to support and guide the group as it has evolved. They have provided an opportunity to redesign the roles and responsibilities of partners in how they work together as well as designing the structure and framework of how meetings will be organised.

3. Considerations

3.1 Risks and Mitigations

There are no known risks in Te Uepū adopting Terms of Reference.

3.2 Climate Change

Adopting Terms of Reference is an administrative matter, therefore does not have climate change implications.

3.3 Implications for Māori

Te Uepū is a partnership between specified Iwi/hapū and Regional Council. Te Uepū have been meeting regularly since 2022.

3.4 Community Engagement

INFORM

Whakamōhio

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

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.

Regional Council is required to set the budget for the Pāpāmoa Hills. Te Uepū, in conjunction with Regional Council staff, will review the Pāpāmoa Hills Cultural Heritage Regional Park’s section of the Regional Park Activity budget, including both capital projects and operational expenditure, for consideration in Regional Council’s Long Term/Annual Plans.

4. Next Steps

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

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

Once adopted, the Terms of Reference will apply to Te Uepū and the necessary administrative actions will be undertaken by staff.

Attachments

Attachment 1 - Te Uepū Pāpāmoa Hills Cultural Heritage Regional Park Terms of Reference - Endorsed by Te Uepū and Partner Iwi/hapū ⇩

[1] This option involved shifting Te Puke/Maketū into the Eastern Bay of Plenty constituency and Pāpāmoa into the Western Bay constituency. This would increase the geographic area of the Eastern Bay constituency by several hundred square kilometres, impacting effective representation; and place Te Puke into the same constituency as Whakatāne/Ōpōtiki negatively impacting on alignment of communities of interest.

[2] These estimates are based on Census 2018 data, updated with births, deaths and migration by Statistic New Zealand.

[3] As an example, Rotorua total population is around 74,000 (depending on the geographical definition of Rotorua) but is expressed as 52,400 (general constituency) and 21,900 (Ōkurei constituency), totalling 74,300 in this paper. Exact figures will differ slightly due to minor boundary differences between regional and territorial authority wards/constituencies.