Open Minutes
Commencing: Tuesday 28 May 2024, 09:30 am
Venue: Council Chambers, Regional House, 1 Elizabeth Street, Tauranga, and via Zoom (Audio Visual meeting)
Chairperson: Chairman Doug Leeder
Deputy Chairperson: Deputy Chairperson Jane Nees
Members: Cr Stuart Crosby
Cr Toi Kai Rākau Iti
Cr Matemoana McDonald
Cr Kat Macmillan
Cr Ron Scott
Cr Ken Shirley (via Zoom)
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; Reuben Fraser – General Manager, Regulatory Services; Namouta Poutasi – General Manager, Strategy and Science; Chris Ingle – General Manager, Integrated Catchments; Herewini Simpson – Acting General Manager, Strategic Engagement; Kumaren Perumal – Chief Financial Officer; Gillian Payne – Principal Advisor (via Zoom); Jo Pellow – Rates Manager (via Zoom); Mark Townsend – Engineering Manager (via Zoom); Mike Seabourne – Director, Public Transport; Claudia Cameron – Committee Advisor.
Apologies: Cr Malcolm Campbell
Livestreaming Statement
Chairman Leeder reminded those present that this meeting was being livestreamed and recorded and that the recording would be made available on the Bay of Plenty Regional Council website following the meeting. BOPRC LTP 2024-2034 Deliberations - 28 May 2024 (youtube.com).
A karakia was provided by Cr Te Taru White.
That the Regional Council: 1 Accepts the apology from Cr Malcolm Campbell tendered at the meeting. CARRIED |
3. Declaration of Conflicts of Interest
Cr Stuart Crosby and Cr Te Taru White, as Quayside Holdings Ltd Directors, declared an interest in items relating to Quayside Holdings Limited, being Minute Item 5.3 - Financial Overview, Financial Strategy and Proposal for Managed Sell Down of Port of Tauranga Limited Shares. The following statement was read by both Councillors:
“As a Director of Quayside Holdings and Quayside Securities, I declare a conflict of interest on item 8.3 and in particular relation to the consideration of a potential managed sell-down of the Port of Tauranga Ltd shareholding. For the avoidance of doubt, as this item is a decision, I will not be expressing any view by participating in the debate and will abstain from voting on this item at this meeting. As this is a public meeting, I will be available to answer any questions as Director of Quayside if required.”
Chairman Doug Leeder noted his position as Port of Tauranga Director in relation to Minute Item 5.3 - Financial Overview, Financial Strategy and Proposal for Managed Sell Down of Port of Tauranga Limited Shares, and read the following statement:
“I note that I am attending this meeting as an elected member of the Bay of Plenty Regional Council. I am also a Director of Port of Tauranga Limited, as the Council’s representative on that Board. I advise that I do not consider there to be a conflict of interest for this meeting. I will consider the matters that are being discussed with an open mind, bearing in mind my role as a councillor. I have received independent legal advice concerning this matter and further advise this meeting that I have declared to the Port of Tauranga Board my role with the Council and that I do not intend to vote or participate in any discussions that the Port of Tauranga Board may wish to have on this matter. I have no financial interest in the Port of Tauranga or in Quayside Holding’s Perpetual Preference Shares.”
Cr Jane Nees noted the Aquatic Survival Skills Trust (Community Initiatives Fund Applicant) was managed by an extended family member, and therefore she would not participate in discussion or decision relating to that entity.
Cr Kevin Winters noted his position as Treasurer of Rotorua Lakes Coastguard (Regional Safety and Rescue Fund Applicant), and therefore would not participate in discussion relating to that entity.
4. Minutes
Minutes to be Confirmed
Regional Council Long Term Plan 2024-2034 Hearings Minutes - 10, 14, 15 and 16 May 2024 |
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That the Regional Council: 1 Confirms the Regional Council Long Term Plan 2023-2024 Hearings Minutes – 10, 14, 15 and 16 May 2024 as a true and correct record. CARRIED |
Chairman Doug Leeder and Fiona McTavish – Chief Executive: provided opening remarks outlining the current operating environment and key aspects of the Draft Long Term Plan 2024-2034 (LTP).
5. Reports
Decisions Required
Deliberations Report - Overview of Long Term Plan Process Presented by: Kumaren Perumal - Chief Financial Officer Key Points: · Outlined the two-step process for deliberations. Decisions would be resolved “in-principle” to allow staff to outline any changes the decisions may have on rates, followed by a final resolution to adopt all in-principle decisions at the conclusion of the deliberations · Next steps: decisions would be incorporated into the draft LTP, which was to be audited by Audit NZ prior to its expected adoption by Council in June. |
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That the Regional Council: 1 Receives the report, Deliberations Report - Overview of Long Term Plan Process. CARRIED |
Deliberations Report - Strategic Framework Overview Presented by: Kumaren Perumal - Chief Financial Officer and Namouta Poutasi – General Manager, Strategy and Science Key Points - Members: · Due to the volume of submissions from community organisations it was considered appropriate to amend outcome three and add an additional goal 11. This would also relate to Te Ara Poutama – The Pursuit of Excellence · Supported a new economic goal in the Climate Change Action Plan which referenced economic initiatives to assist with circular economy improvements · Supported the referral of goal assessment and prioritisation to the Strategy and Policy Committee. |
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That the Regional Council: 1 Receives the report, Deliberations Report - Strategic Framework Overview; 2 That Council endorses the strategic framework to guide Council decision-making over the first three years of the 2024-2034 Long Term Plan once adopted, with the amendment to heading three to read “Connected and Enabled Communities”, and with the addition of a new Goal 11 stating “supporting community organisations to achieve equitable community outcomes”; 3 Refers the draft Bay of Plenty Regional Council prioritisation matrix and prioritisation of goals to the Strategy and Policy Committee to develop and finalise. Thompson/Thurston CARRIED 1 Supports an additional goal for the Climate Change Action Plan – “Economic Transition. We support land use change innovation and adaptation along with waste and circular economy initiatives”. CARRIED |
Tabled Document 1 - IOP Table Updated v2 (1): Objective ID A4691740 ⇨ Tabled Document 2 - LTP 2024 OPEX Funding Requests - Summary: Objective ID A4691752 ⇨ Tabled Document 3 - Rates Stacked Bar Graph-RFP Original: Objective ID A4691761 ⇨ Tabled Document 4 - Rates Stacked Bar Graph-RFP Adjusted: Objective ID A4691757 ⇨ Presented by: Mat Taylor – General Manager, Corporate Please refer to the Declarations of Conflicts of Interest listed at the beginning of these minutes. Key Points: · The tabled documents were enlarged versions of information contained within the printed report · The draft LTP provided for a reduced general rate revenue requirement which led to a general rate increase of 8.2%, being a 2.9% real increase after inflation and growth · There was an anticipated equalisation reserve of $2.2 million · The financial implications of decisions would be recorded as the meeting progressed to ensure costs remained within the fiscal envelope presented within the reports, if there were changes they would be brought back to Council before the conclusion of deliberations · Noted the amended staff recommendations, which provided increased clarity around the process of the proposed sell-down of the Port of Tauranga shareholding. In Response to Questions: · Confirmed this was the first stage which would enable the sell-down process. Council would have the opportunity to deliberate on this matter further, including establishing timeframes · Clarified that the strategic control imperative could be a percentage amount to be determined by Council at a later stage. Key Points - Members: · Highlighted the importance of reflecting the changes made today in the Significance and Engagement Policy · Reiterated the need to initially adopt in-principle, as aspects of this recommendation would be subject to decisions made later. |
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That the Regional Council: 1 Receives the report, Financial Overview, Financial Strategy and Proposal for Managed Sell Down of Port of Tauranga Limited Shares; 2 Following consideration of deliberations issues and options papers, directs staff on the approach to rates smoothing and any reserve use; 3 Directs that, as set out in the preferred option in the Consultation Document, the LTP and the Significance and Engagement Policy is prepared to enable the managed sell-down of the Port of Tauranga Limited shares to a minimum shareholding of 28%; 4 Agrees, subject to approval of recommendation 3 above, a budget of $300,000 (for specialist advice to Council) so that Council can appropriately direct Quayside Holdings Limited in designing the managed sell-down process including consideration of submissions that raise issues related to the potential sale process, or conditions of the potential sale; 5 (a) Notes that subject to approval of recommendation 3 above, Council will through future steps determine a strategic control imperative in respect of the Port of Tauranga shareholding; (b) Notes that subject to approval of recommendation 3 above, Council will undertake future steps and approve parameters for any managed sell-down process including engagement with Tangata Whenua, and timeframes; (c) Notes that the Local Government Act 2002 requires Council to consult on changes to control or ownership of Strategic Assets; (d) Agrees that, subject to approval of recommendation 3 above, if necessary Quayside Holdings Limited will be directed, by resolution, to modify its Statement of Intent for 2024/25 to state that the sale of any Port of Tauranga Shares is conditional on Council approving the managed sale process, and on Council agreeing that all parameters set in the sale process have been met. 6 Approves that the draft Long Term Plan 2024-2034 be prepared on the basis of the General Rates smoothing set out in Table 5, with an increase in General Rates revenue of 8.2% (2.9% real) in 2024/25; 7 Approves that any end of year Equalisation Reserve balance, currently projected to be $2.2 million, is transferred to the Regional Fund as part of the process to complete the Annual Report 2023/24; 8 Delegates to the Chief Executive to incorporate relevant updates from the Government Budget announcements into the draft Long Term Plan 2024-2034 being prepared for adoption, in consultation with the Regional Council Chair; 9 Approves that, given the overall financial position of the Regional Council as set out in the Draft Long Term Plan 2024 – 2034, no further funding requests are approved through the Deliberations on the Long Term Plan except where funding is approved to be met from the efficiencies and savings generated and transferred to the Regional Fund at the end of the financial year. CARRIED Cr Crosby and Cr White abstained from voting on all resolutions.
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10.35 am – The meeting adjourned.
10.54 am – The meeting reconvened.
Draft Revenue and Financing Policy - Submissions and Deliberations Tabled Document 5 - Rates Stacked Bar Graph-RFP Adjusted v2: Objective ID A4691744 ⇨ Presented by: Kumaren Perumal - Chief Financial Officer; Supported by: Mat Taylor – General Manager, Corporate and Mike Seabourne – Director, Public Transport Key Points: · The report outlined policy changes to three activities: Public Transport, Rotorua Catchments and Rotorua Air. In Response to Questions: · Transport staff would be conducting a network and fare review in the coming 18 months. Key Points - Members: · Highlighted the region-wide benefits of a strong public transport system for both urban and rural populations · Raised concerns regarding the low level of service for rural communities and questioned whether service would increase as a result of the network review · Noted the bar graph showed rate increases for median properties. |
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That the Regional Council: 1 Receives the report, Draft Revenue and Financing Policy - Submissions and Deliberations; 2 Considers the submissions received and the options presented in this paper and the attached Issues and Options paper, and requests that staff prepare a final version of the Revenue and Financing Policy and Funding Needs Analysis, for adoption in June 2024, incorporating Council’s preferred options from the consultation documents, as follows:
3 Notes that staff will respond to each submitter, summarising the overall feedback received and explaining Council’s decisions regarding the Revenue and Financing Policy and the reasons for the decisions. CARRIED |
A Healthy Environment - Regional Parks, Ohau wall, Wairoa River Strategy and Whakatane Harbour Bar Calling Presented by: Chris Ingle – General Manager, Integrated Catchments and Namouta Poutasi – General Manager, Strategy and Science Key Points: · Highlighted the very generous donation by the Noble Family of the Hot Springs Road property. In Response to Questions: · Acknowledged the need to be able to bring funds forward (via a Council decision) if a solution was discovered regarding the Ohau Wall · The Wairoa River Strategy refresh was planned for 2025/26, it was anticipated that this would follow on from the notification of the Freshwater Plan Changes and that current work would feed into The Strategy. Key Points - Members: · Noted that although funding was allocated for a Regional Park business case, it was not required to be spent in its entirety; any unspent funds could be reallocated towards the costs of the Park · Acknowledged the strong submissions in regard to the Ohau Wall and emphasised the need for a technical group comprised of people with the requisite expertise · The service to be provided by bar cameras would be 24/7 as opposed to a 7 am Harbourmaster calling of the bar; additionally there were to be more resources for bar crossing safety for Ōpōtiki, Whakatāne and Maketū. |
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That the Regional Council: 1 Receives the report, A Healthy Environment - Regional Parks, Ohau wall, Wairoa River Strategy and Whakatane Harbour Bar Calling; 2 Confirms the resolutions of the Hot Springs road report to Council on 9 May, noting again the generous donation of this property by the Noble family; 3 Agrees to proceed on a business case for a regional park in the Rotorua District, as proposed in the draft LTP; 4 Reapportions the $150,000 investigatory budget in year two for the Rotorua business case; so that the Rotorua investigation is allocated $100,000, and Hot Springs Road is allocated $50,000; and that an additional $50,000 per annum is budgeted for years three - ten of the LTP for property management and maintenance for Hot Springs Road; 5 Agrees to the forming of a technical working group for assessing potential solutions for the issues with the Ohau Wall, and that funding may be moved forward to year one based on the recommendations of this group and approval by Regional Council; 6 Accepts the recommendation that the Wairoa Catchment Management Plan will not be funded in year one of the LTP; 7 Supports the Harbourmaster’s decision for the Whakatāne Bar Call; 8 Confirms the decision has a medium level of significance as determined by the Council’s Significance and Engagement Policy. Council has identified and assessed different options and considered community views as part of making the decision, in proportion to the level of significance. CARRIED |
Future Ready Communities - Rivers and Drainage Schemes Tabled Document 6 - Map of proposed new Ōpōtiki rain gauges: Objective ID A4685276 ⇨ Presented by: Chris Ingle – General Manager, Integrated Catchments and Mark Townsend - Engineering Manager (via Zoom) Key Points: · The costings did not include any potential contribution from Before the Deluge 2.0 which, if received, would take the costing to a lower net level · A request to install a rain radar on the Raukūmara Range had been submitted. Key Points - Members: · Highlighted the importance of rain gauges for flood monitoring and catchment safety. |
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That the Regional Council: 1 Receives the report, Future Ready Communities - Rivers and Drainage Schemes; 2 Notes the government is currently considering funding the ‘before the deluge 2.0’ business case which anticipates Crown co-funding of flood protection for our communities, in adapting to a changing climate; 3 Approves the addition of the three rainfall gauges in the Waioeka Otara River catchments from Year one and two of the 2024-2034 LTP; 4 Confirms the decision has a medium level of significance as determined by the Council’s Significance and Engagement Policy. Council has identified and assessed different options and considered community views as part of making the decision, in proportion to the level of significance. CARRIED |
Connected Communities - Transport Presented by: Mike Seabourne – Director, Public Transport Key Points: · Option two provided staff with time to conduct the fares review and respond to the Government Policy Statement on Land Transport (GPS) which has an emphasis on increasing farebox recovery. In Response to Questions: · The increase to the school bus cost would increase the targeted rate, but by a negligible amount · Confirmed it was 11 additional school trips and not 11 additional buses. 11.38 am - Cr McDonald withdrew from the meeting. 11.41 am - Cr McDonald entered the meeting. |
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1 Receives the report, Connected Communities – Transport; 2 Directs the following option relating to Community Connect Funding for incorporation into the draft LTP for adoption: (a) Option two (Public Transport Committee recommendation): Council reverts to the pre-June 2023 fare structure. 3 Directs the following option relating to Tertiary Services for incorporation into the draft LTP for adoption: (a) Option two (staff recommendation): Council retains Tertiary Services and introduces tertiary student fares. 4 Directs the following option relating to increasing School Bus Services for incorporation into the draft LTP for adoption: (a) Option two (staff recommendation): Council allocates funding to provide an additional 11 daily dedicated school bus trips, serving nine schools. 5 Confirms the decision has a medium level of significance as determined by the Council’s Significance and Engagement Policy. Council has identified and assessed different options and considered community views as part of making the decision, in proportion to the level of significance. CARRIED |
Sustainable Development - Waste Management Presented by: Namouta Poutasi – General Manager, Strategy and Science Key Points: · This item responded to a number of requests from Territorial Local Authorities (TLAs) for BOPRC to take a more active role in leading and coordinating waste activities · Noted the budgeted funds were subject to contribution from TLAs · Costs for the Full Time Employee (FTE) were recoverable via TLA waste levy applications being granted by Central Government. |
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That the Regional Council: 1 Receives the report, Sustainable Development - Waste Management; 2 That Council directs that $50,000 pa ($500,000 over ten years) is budgeted in the Long Term Plan 2024 and that council take a lead role in the refresh and implementation of the regional waste strategy, subject to funding received from TLA’s; 3 Notes that a two year fixed term role will be established to coordinate the delivery of the strategy at a cost of $288,000 subject to external funding cost recovery; 4 Confirms the decision has a medium level of significance as determined by the Council’s Significance and Engagement Policy. Council has identified and assessed different options and considered community views as part of making the decision, in proportion to the level of significance. CARRIED |
Community Outcome - Te Ara Poutama, The Pursuit of Excellence Presented by: Herewini Simpson – Acting General Manager, Strategic Engagement and Chris Ingle – General Manager, Integrated Catchments Key Points: · The paper proposed a number of initiatives tied to the delivery of the new Te Ara Poutama outcome · Noted an error on page 171, goal 16 should read “supporting Māori and community” · The new Māori Initiative Fund (MIF) was in response to the large number of submissions from Tangata Whenua and was in line with the obligation of fostering Māori capability and capacity under the Local Government Act 2001 (LGA) · The increase to the Iwi/Hapū Management Plan budget was the first increase sought since 2012 · Clarified that Council was not being asked to adopt a Treaty of Waitangi/Te Tiriti (Te Tiriti) policy today, but to endorse a process to understand how Council approached its Treaty obligations. In Response to Questions: · The intention was for the Te Tiriti Policy to be developed internally utilising current staff, a proposed costing for this would be provided to Council · The Regional Co-Governance Secretariat Fund (RCSF) would replace the existing secretariat funding and would be allocated across the current and anticipated statutory co-governance forums and potentially include the non-statutory forums · Staff were developing funding criteria for the MIF and were working collaboratively with other funding channel leads within the organisation to ensure fairness of access to funding streams for community groups · Hapū/Iwi Management plans required the endorsement of the Post-Settlement Government Entity (PSGE). Noted the extent of required engagement during the development of Iwi/Hapū Management plans. Key Points Members: · Suggested Komiti Māori oversaw the disbursement of the MIF · Although obligations towards Te Tiriti under the LGA remained, it was suggested staff maintain an awareness of the Government’s review of Treaty legislation during the development of the Te Tiriti Policy · Supported the development of a framework with metrics to maintain visibility on outcomes from funding for capability and capacity development. 12.10 pm – Cr Stuart Crosby withdrew from the meeting. |
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That the Regional Council: 1 Receives the report, Community Outcome - Te Ara Poutama, The Pursuit of Excellence. 2 Approves the establishment of a Māori Initiatives Fund (MIF) and allocates funding of $200,000 per annum for years one-three of the 2024/2034 LTP; 3 Approves the development of a MIF Policy in year 1 of the 2024-2034 LTP; the MIF Policy is to be reviewed in year three of the 2024/2034 LTP; 4 Approves a Regional Co-Governance Secretariat Fund (RCSF) and allocates $200,000 per annum for years one-three of the 2024/2034 LTP; the RCSF is reviewable in year three of the 2024/2034 LTP; 5 Approves the development of a RCSF Policy reviewable in year three of the 2024/2034 LTP; 6 Approves an increase to the Iwi/Hapū Management Plan budget from $70,000 to $140,000 per annum; 7 Approves the development of a Treaty of Waitangi/Te Tiriti Policy; 8 Approves the development of a Social Procurement Policy; 9 Confirms the decision has a medium level of significance as determined by the Council’s Significance and Engagement Policy. Council has identified and assessed different options and considered community views as part of making the decision, in proportion to the level of significance. CARRIED |
12.17 pm – Cr Stuart Crosby entered the meeting.
Draft Fees & Charges Policy - Submissions and Deliberations Presented by: Chris Ingle – General Manager, Integrated Catchments and Kumaren Perumal – Chief Financial Officer In Response to Questions: · The proposed increase to Gravel Management fees was to cover a deficit of approximately $50,000 · Direction had been for staff to work with the Chairs of the River Advisory Groups and the Monitoring and Operations Committee in order to further develop this Policy. 1:42 pm – Cr Paula Thompson withdrew from the meeting. |
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That the Regional Council: 1 Receives the report, Draft Fees & Charges Policy - Submissions and Deliberations; 2 Directs staff to prepare the Fees and Charges Policy for adoption including: a) Gravel Management fees and the following option for setting Gravel Management Fees for 2024/25 i. Retain current fee of $0.90/m3. b) Maritime fees and increasing mooring licence fees and harbour dues; c) Updating proposed compliance monitoring categories and definitions; d) Reverting some proposed charges in policy; e) Any changes from final legal review. CARRIED |
Draft Rates Remission and Postponement Policies - Submissions and Deliberations Presented by: Kumaren Perumal - Chief Financial Officer; Gillian Payne – Principal Advisor (via Zoom) and Jo Pellow – Rates Manager (via Zoom) Key Points: · The policies would be applied across the region. 1: 45 pm – Cr Paula Thompson entered the meeting. In Response to Questions: · Additional criteria was able to be added to the policy. Key Points - Members: · Suggested that accommodation adjacent to marae, occupied by Kuia/Kaumātua with the understanding that voluntary cultural services would be provided, should be considered part of the marae complex · Acknowledged situations varied between marae; suggested the requirement of a letter of endorsement from Marae Trusts confirming the accommodation status. |
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That the Regional Council: 1 Receives the report, Draft Rates Remission and Postponement Policies - Submissions and Deliberations. a) Does include eligibility for accommodation for Kaumātua, adjacent to marae used for support of marae and culture, (confirms proposed Section 8 of draft MFL Policy for consultation), subject to validation from the Marae Trustees b) Provides for the ability of Council to recover actual and reasonable administration and financing costs incurred when rates postponement is used (amends Section 11 of draft MFL Policy for consultation) c) Amends the wording of Section 9.3 of draft Rates Remission and Postponement Policy for Māori Freehold Land for consultation by adding the underlined words, to read “the maximum term of the remission will be agreed in advance based on the development plan, and will generally be for five years or less, subject to the considerations listed below:” d) Amends the wording of Section 9.3 of draft Rates Remission and Postponement Policy for Māori Freehold Land for consultation by adding the underlined words, to read “For rates that are postponed, payment of rates will generally become due when income (cash or otherwise) is generated, but the term of postponement will not exceed six years.” e) Confirms Council’s proposal for determining contiguous properties set out in the draft Rates Remission and Postponement Policy (All Land) as adopted for consultation f) Confirms Council’s proposals set out in the draft Rates Remission and Postponement Policy (All Land) as adopted for consultation, for Incentives to establish native forests or wetlands on newly retired pastural land, noting that as the intent of this provision is to provide an incentive, the remission only applies to pastural land retired after 30 June 2024 g) Confirms Council’s proposals set out in the draft Rates Remission and Postponement Policy (All Land) as adopted for consultation, for: Transition to new policies; Priority Biodiversity Sites; Community, sporting, and not-for-profit organisations; Financial hardship h) Confirms Council’s proposals set out in the draft Rates Remission and Postponement Policy for Māori Freehold Land as adopted for consultation, for: Land covered by the MFL policy; MFL being developed for papakāinga or other housing or accommodation. 3 Notes that staff will respond to each submitter, summarising the overall feedback received and explaining Council’s decisions regarding the draft Rates Remission and Postponement policies and the reasons for the decisions. CARRIED |
Draft Development Contributions or Financial Contributions Policy - Submissions and Deliberations Presented by: Kumaren Perumal - Chief Financial Officer |
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That the Regional Council: 1 Receives the report, Draft Development Contributions or Financial Contributions Policy - Submissions and Deliberations. 2 Directs staff to prepare the Development Contributions or Financial Contributions Policy for adoption without any changes from consultation. CARRIED |
There were no changes made to the in-principle decisions in today's deliberations meeting, therefore all in principle LTP 2024-2034 decisions were confirmed.
That the Regional Council: 1 Confirms all the in-principle LTP 2024-2034 decisions passed in today’s deliberations meeting. Thompson/Scott CARRIED Cr Crosby and Cr White abstained from voting on this resolution. |
7. Closing Karakia
A karakia was provided by Cr Te Taru White.
1.58 pm – the meeting closed.
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Chairperson, Regional Council