Regional Council Agenda

NOTICE IS GIVEN that the next meeting of the Regional Council will be held in Council Chambers, Regional House, 1 Elizabeth Street, Tauranga on:

Wednesday 26 June 2024 COMMENCING AT 09:30am

This meeting will be livestreamed and recorded.

The Public section of this meeting will be livestreamed and recorded and uploaded to Bay of Plenty Regional Council’s website.  Further details on this can be found after the Terms of Reference within the Agenda. Bay of Plenty Regional Council - YouTube

 

Fiona McTavish

Chief Executive, Bay of Plenty Regional Council Toi Moana

18 June 2024

 


 

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.

 


Bay of Plenty Regional Council - Toi Moana

Governance Commitment

mō te taiao, mō ngā tāngata - our environment and our people go hand-in-hand.

 

 

We provide excellent governance when, individually and collectively, we:

·        Trust and respect each other

·        Stay strategic and focused

·        Are courageous and challenge the status quo in all we do

·        Listen to our stakeholders and value their input

·        Listen to each other to understand various perspectives

·        Act as a team who can challenge, change and add value

·        Continually evaluate what we do

 

 

TREAD LIGHTLY, THINK DEEPLY,
ACT WISELY, SPEAK KINDLY, JOURNEY TOGETHER.


Regional Council                                                                             26 June 2024

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 - 9 May 2024   2

8.2      Regional Council Minutes - 27 May 2024  2

8.3      Regional Council Minutes - 28 May 2024  2

8.4      Extraordinary Extraordinary Regional Council Minutes - 11 June 2024                2

9.      Reports

Decisions Required

9.1      Adoption of Revenue and Financing Policy                                                       2

Attachment 1 - Revenue and Financing Policy 2024                                                                          2

Attachment 2 - Funding Needs Analysis (Supporting Revenue and Financing Policy)      2

9.2      Adoption of the updated Significance and Engagement Policy                           2

Attachment 1 - Significance and Engagement policy - LTP2024 updated                                      2

9.3      Long Term Plan 2024-2034 - Strategic Framework                                               2

Attachment 1 - Strategic Framework A3_June 2024                                                                          2

9.4      Long Term Plan 2024-2034 - Adoption    2

Attachment 1 - Final AMP Summaries Combined for Adoption                                                            2

Supporting Document 1 - Te Mahere Turoa - Long Term Plan 2024-2034 - Volume One

Supporting Document 2 - Te Mahere Turoa - Long Term Plan 2024-2034 - Volume Two

Supporting Document 3 - Final Combined AMP's for Adoption 26 June 2024

9.5      Adoption of Fees and Charges Policy     2

Attachment 1 - Fees and Charges Policy 2024   2

9.6      Adoption of Rates Remission Policies     2

Attachment 1 - Rates Remissions and Postponement Policy (All Land) - for adoption 2

Attachment 2 - Rates Remissions and Postponement Policy - MFL - for adoption         2

9.7      Adoption of Development Contributions or Financial Contributions Policy             2

Attachment 1 - Development Contributions or Financial Contributions Policy - draft for adoption                                                                   2

9.8      Setting Rates for 2024/2025                    2

9.9      Chairperson's Report                               2

9.10    Adoption of the 2024-2034 Bay of Plenty Regional Land Transport Plan                  2

Supporting Document 1 - Final 2024-2034 Bay of Plenty Regional Land Transport Plan

9.11    Ko Wai Matōu Project - The Catalyst Group                                                       2

Attachment 1 - Signed The Catalyst Group Procurement Plan                                                   2

9.12    Extension of Operator contracts: Northern Corridor, Waihī (Route 85) and Rotorua                                                    2

Attachment 1 - Rotorua Urban Services - BOPRC Contract Variation Request                                   2

Attachment 2 - Tauranga Northern Service (Katikati and Omokoroa Bus Service) - BOPRC Contract Vartiation Request                                 2

Attachment 3 - Route 85 Town Connector -  BOPRC Contract Variation Request                     2

9.13    Acting Chief Executive                            2

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 - 9 May 2024

As noted in the relevant Minutes.

As noted in the relevant Minutes.

To remain in public excluded.

10.2

Ambient Air Quality Services Procurement

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.

 

Minutes to be Confirmed

10.1    Public Excluded Regional Council Minutes - 9 May 2024

Decisions Required

10.2    Ambient Air Quality Services Procurement

Attachment 1 - Comprehensive Procurement plan - Ambient Air Monitoring Services

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

9 May 2024

 

Regional Council

Open Minutes

Commencing:             Thursday 9 May 2024, 09:30am

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 Malcolm Campbell

Cr Stuart Crosby

Cr Kat Macmillan

Cr Matemoana McDonald

Cr Ron Scott

Cr Ken Shirley

Cr Paula Thompson – via Zoom

Cr Lyall Thurston

Cr Andrew von Dadelszen

Cr Te Taru White

Cr Kevin Winters

In Attendance:            Staff: 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, Steve Groom – Governance Manager, Claudia Cameron – Committee Advisor, Tone Nerdrum Smith – Senior Advisor Governance

Also present: Ian Noble, Queen’s Service Medal recipient (QSM); Jill Noble, Kathryn Nicholson, Graeme Noble, Pauline Macdonald, Alan Livingstone – Chairperson, Queen Elizabeth II National Trust (QEII Trust)

Apologies:                  Cr Toi Kai Rākau Iti

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 https://www.youtube.com/watch?v=GeH6ZV13IzQ.

1.     Opening Karakia

Noted that a karakia had been provided by Cr Te Taru White at the commencement at the earlier event for Mr Ian Noble, QSM.

2.     Apologies

Resolved

That the Regional Council:

1       Accepts the apology from Cr Toi Kai Rākau Iti tendered at the meeting.

Leeder/Nees

CARRIED

3.     Items not on the Agenda

3.1

Delegation of Decision Whether to Prosecute for RMA Offence

 

Resolved

That the Regional Council:

1       Accepts the report Delegation of Decision Whether to Prosecute for RMA Offence for inclusion in the agenda

2       Notes the reason why this item was not on the Agenda is that it has arisen from recent in-house legal consideration of the delegated decision-making authority, and the reason why it cannot be delayed it that this would delay a potential prosecution.

Winters/Campbell

CARRIED

4.     Order of Business

Noted that agenda Item 9.4: Noble Family Offer to Gift Land at Hot Springs Road for Community Benefit would be covered first.

5.     Declaration of Conflicts of Interest

None declared.

6.     Reports

Decisions Required

6.1

Noble Family Offer to Gift Land at Hot Springs Road for Community Benefit

Fiona McTavish – Chief Executive advised that the report should be taken as read, and that staff were available to answer any questions the Councillors may have.

Recognition by Chairman Leeder:

·    Expressed gratitude and appreciation for this generous gesture and extended Council’s sincerest thanks to Ian Noble and his family

·    Gifting the land in Hot Springs Road for the benefit of the community was truly remarkable

·    Recognised the unwavering commitment to environmental causes

·    Acknowledged the leadership and cooperation with Alan Livingstone, Chairperson QEII Trust in this process

·    The covenant placed by QEII Trust on the land ensured it enduring community benefit for the future.

Key Points - Members:

·    Recognised the significant gesture the gifting of the land represented and the benefit not only to the community of Western Bay and to future generations, but also to the environment.

Key Points – Alan Livingstone, Chairperson QEII Trust

·    Recognised the significant gift by Mr Ian Noble, QSM and ex Regional Council and Western Bay of Plenty Councillor that would benefit both Western Bay and the wider Bay of Plenty region

·    QEII Trust had approved a protection covenant across the entire property to ensure it would be retained for public benefit in perpetuity

·    Appreciated the cooperation with Council in achieving this positive outcome that clearly reflected the Noble family’s wishes

·    QEII Trust had allocated funding towards fencing and pest control.

9.35am – The meeting adjourned.

9.36am – The meeting reconvened.

 

Resolved

That the Regional Council:

1       Receives the report, Noble family offer to gift land at Hot Springs Road for community benefit.

2       Accepts with gratitude the land at Hot Springs Road being gifted from the Noble family to Bay of Plenty Regional Council for the purpose of protecting it in perpetuity for community benefit.

3       Notes the Noble family’s wishes in relation to future management of the property, as reflected in the draft Queen Elizabeth II Trust open space covenant for the property (Attachment 1).

4       Agrees to enter into a Memorandum of Understanding with the Noble family to give effect to the recommendations above, and delegates authority to the Chief Executive to execute the documents to do so. 

5       Notes staff propose to include $100k of capex in Year 1, plus ~$50k per year of opex, in the Long Term Plan 2024-34, to enable initial development and management of the property, subject to the outcome of LTP deliberations.

6       Notes additional costs for developing and maintaining a new Regional Park could be considered in future Annual or Long Term Plan processes.

7       Notes that, unless the Noble family express a strong preference for naming the potential future Regional Park, possible naming would be considered by local hapū and community representatives for future approval by the Noble family (if that is their preference) and nominated Council representatives.

8       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)  DRAFT QEII Trust open space covenant under Section 48(1)(a)(i) Section 7 (2)(a) as withholding the information is necessary to protect the privacy of natural persons, including that of deceased natural persons, and under Section 48(1)(a)(i) Section 7 (2)(i) as 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) and that this attachment be released to the public on the Chief Executive’s approval.

Nees/Shirley

CARRIED

 

6.2

Chairperson's Report

Key Points - Members:

·    Noted that Cr Macmillan had also attended the ANZAC Day wreath laying.

 

Resolved

That the Regional Council:

1       Receives the report, Chairperson's Report.

Leeder/Nees

CARRIED

 

6.3

Representation Review 2024 - Initial Proposal

Presented by: Steve Groom - Governance Manager and Claudia Cameron - Committee Advisor.

Key Points:

·    As directed by Councillors, all the representation options considered by Council would be presented to the public. This included an option where Galatea/Murupara was transferred to the Rotorua constituency.

Key Points - Members:

·    Ensure Murupara was correctly spelled within the proposal

·    Frustrated that the lack of recent data from Statistics New Zealand meant the representation review had to be based on out of date information, i.e. the 2018 census.

 

Resolved

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.

Winters/Crosby

CARRIED

 

6.4

Te Uepū Pāpāmoa Hills Cultural Heritage Regional Park Terms of Reference

Presented by: Steve Groom - Governance Manager and Claudia Cameron - Committee Advisor.

Key Points:

·    The Terms of Reference had originally been approved in 2022 when Te Uepū was first established

·    All partners were supportive of the amended Terms of Reference

·    Substantive change related to decision making, where consensus agreement was paramount. If consensus could not be reached, or there was a financial or legal impact on Council, the matter would be referred to Council for decision.

 

Resolved

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.

McDonald/Macmillan

CARRIED

7.     Public Excluded Section

Resolved

Resolution to exclude the public

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

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

Item No.

Subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Grounds under Section 48(1) for the passing of this resolution

When the item can be released into the public

9.4

Noble Family Offer to Gift Land at Hot Springs Road for Community Benefit - Attachment 1 - DRAFT QEII Trust open space covenant - Public Excluded

Withholding the information is necessary to protect the privacy of natural persons, including that of deceased natural persons; Withholding the information is necessary to enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

48(1)(a)(i) Section 7 (2)(a); 48(1)(a)(i) Section 7 (2)(i).

On the Chief Executive's approval.

7.1

Public Excluded Regional Council Minutes - 24 April 2024

As noted in the relevant Minutes.

As noted in the relevant Minutes.

To remain in public excluded.

7.2

Property Discussion

(This item was withdrawn)

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.

7.3

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.

Leeder/Nees

CARRIED

8.     Closing Karakia

A karakia was provided by Cr Te Taru White.

9.59 am – the meeting closed.

 

 

Confirmed                                                                                          

                                                                         Chairman Doug Leeder

Chairperson, Regional Counci

 

 

 

 


 Regional Council Minutes

27 May 2024

 

Regional Council

Open Minutes

Commencing:             Monday 27 May 2024, 3.20 pm (at the conclusion of the Tauranga City Council meeting)

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

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 Paula Thompson

Cr Lyall Thurston

Cr Andrew von Dadelszen

Cr Te Taru White

Cr Kevin Winters

In Attendance:            Fiona McTavish – Chief Executive; Namouta Poutasi - General Manager Strategy & Science; Antoine Coffin – Manager. Spatial Planning; Tone Nerdrum Smith – Senior Advisor Governance

Apologies:                  Cr Malcolm Campbell, Cr Ron Scott and Cr Ken Shirley

 

 

Livestreaming 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 Council Meeting 27 May 2024

 

1.     Opening Karakia

Noted that a karakia had been provided by Antoine Coffin at the commencement of the SmartGrowth Leadership Group meeting prior to the Council meeting.

 

2.     Apologies

Resolved

That the Regional Council:

1       Accepts the apologies from Cr Malcolm Campbell, Cr Ron Scott and Cr Ken Shirley tendered at the meeting.

Leeder/Winters

CARRIED

3.     Declaration of Conflicts of Interest

None declared.

 

4.     Reports

Decisions Required

4.1

Adoption of SmartGrowth Strategy (including Future Development Strategy)

Presented by: Chairman Leeder.

Key Point – Chairman Leeder:

·    Acknowledged the significant effort of Cr Paula Thompson in the SmartGrowth arena and, in particular, as Council’s representative on the SmartGrowth Strategy Hearings Panel.

 

Resolved

That the Regional Council:

1       Receives the reports, Adoption of SmartGrowth Strategy (including Future Development Strategy);

2       Adopts the SmartGrowth Strategy 2024-2074 and the Future Development Strategy including the amendments recommended by the SmartGrowth Hearings Panel and as resolved at the SmartGrowth Leadership Group meeting prior to this Council meeting;

3       Notes the Key Actions recommended by the Panel for future consideration as part of the Implementation and Funding Plan;

4       Notes the delegation of authority to the Independent Chair to make any minor corrections to the Strategy, Executive Summary and Decision Document;

5       Confirms the decision has a high 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.

Thompson/Crosby

CARRIED

5.     Closing Karakia

A karakia and song was provided by Antoine Coffin.

3.25 pm – the meeting closed.

 

 

 

 

Confirmed                                                                                          

                                                                         Chairman Doug Leeder

Chairperson, Regional Council

 

 

 


 Regional Council Minutes

28 May 2024

 

Regional Council

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).

 

1.     Opening Karakia

A karakia was provided by Cr Te Taru White.

2.     Apologies

Resolved

That the Regional Council:

1       Accepts the apology from Cr Malcolm Campbell tendered at the meeting.

Leeder/Winters

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

4.1

Regional Council Long Term Plan 2024-2034 Hearings Minutes - 10, 14, 15 and 16 May 2024

 

Resolved

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.

Scott/Macmillan

CARRIED

Opening remarks:

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

5.1

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.

 

Resolved

That the Regional Council:

1       Receives the report, Deliberations Report - Overview of Long Term Plan Process.

White/Iti

CARRIED

 

5.2

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.

 

Resolved

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”.

Macmillan/Nees

CARRIED

 

5.3

Financial Overview, Financial Strategy and Proposal for Managed Sell Down of Port of Tauranga Limited Shares

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.

 

Resolved

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.

von Dadelszen/Macmillan

CARRIED

Cr Crosby and Cr White abstained from voting on all resolutions.

 

10.35 am – The meeting adjourned.

10.54 am – The meeting reconvened.

 

5.4

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.

 

Resolved

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:

Activity

Funding proposal/ preferred option

Urban public transport

Rates funding for public transport in urban centres comes from 90% targeted and 10% general rates

Rotorua Catchments

Phase out targeted rates in favour of general rates, implemented in stages from 2025/26 through 2027/28.

Rotorua Air (excluding Clean Heat Loans)

Rotorua air quality regulatory compliance work (excluding clean heat loans and grants) is funded from general rates.

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.

Nees/Winters

CARRIED

 

5.5

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.

 

Resolved

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.

Macmillan/Crosby

CARRIED

 

5.6

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.

 

Resolved

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.

Iti/Winters

CARRIED

 

5.7

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.

 

Resolved

That the Regional Council:

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.

von Dadelszen/Crosby

CARRIED

 

5.8

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.

 

Resolved

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.

Crosby/Macmillan

CARRIED

 

5.9

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.

 

Resolved

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.

McDonald/Nees

CARRIED

12.17 pm – Cr Stuart Crosby entered the meeting.

5.10

Connected Communities - Community Funding

Presented by: Chris Ingle – General Manager, Integrated Catchments, Mat Taylor – General Manager – Corporate, Graeme Howard – Corporate Planning Lead and Reuben Fraser – General Manager Regulatory Services

Key Points - Members:

·    Highlighted the importance of volunteer/community groups and initiatives and suggested an increase to the Community Initiatives Fund (CIF) of $100,000 from the Equalisation Reserve/Regional Fund for year one

·    Emphasised a need for the three funding policy areas to be referred for review in an integrated manner, along with the Māori Initiatives Fund, to the Strategy and Policy Committee. This would ensure an appropriate policy framework for the current circumstance and cost-effective solutions

·    Supported providing funding to the Western Bay Heritage Trust as the request was in relation to celebrating the history of Tangata Whenua and the contribution and relevance of the taiao; noted previous funding had been provided to Rotorua Museum

·    Noted the importance of supporting Envirohub and Sustainable BOP in the work they do regarding environmental behaviour shift

·    Supported the increase in the targeted rate for Surf Lifesaving and Coastguard, noted the funding had been adjusted for inflation

·    The Equalisation Reserve/Regional Fund was a fund resulting from savings made; funding for future years relying on the Equalisation Reserve/Regional Fund would need to be revisited.

12.41 pm – The meeting adjourned.

1.13 pm – The meeting reconvened.

·    The overallocation for the Volunteer Initiatives Fund (VIF) was to be met by the under allocation of funding from the CIF

·    Supported an increase of $50,000 to the annual budget of the Environmental Enhancement Fund (EEF), taking it to a total of $300,000

·    Sought assurance that Outflow Trust and Sea Cleaners Trust would work together to cover the region

·    The Water Quality Funding Support Policy was required prior to funding being allocated, and was in response to submissions.

In Response to Questions:

·    Endorsement of the MIF by Komiti Māori would occur before its review alongside the other funds by the Strategy and Policy Committee

·    Following the policy review, applications for funding would be able to be reassessed by Council

·    Due diligence would be conducted prior to the distribution of funds, particularly for new organisations to be funded

·    Youth Search and Rescue (Youth SAR) was included within the CIF funding allocation as it better fitted that criteria.

 

Resolved

That the Regional Council:

1    Receives the report, Connected Communities - Community Funding;

2    Notes the staff recommendations in the table below for allocating funding to Community Initiatives Fund applications, which has budgeted funding of $300,000 per annum, with the increase being funded from the Regional Fund for year one.

Thompson/Thurston

CARRIED

Minute Note: Resolution 2 above incorporated some minor wording changes to provide clarification but not altering its intent, as agreed by majority.

1    Notes that Council can decide to change the allocations set out in recommendation 2 above, including allocating the remaining CIF budget;

2    Directs staff to incorporate the following table into the draft Long Term Plan for Adoption, Council direction on funding for the following Community Initiatives Fund applications:

Submission  #

Project Title

Funding requested ($)

Council deliberations ($)

2024/25

2025/26

2026/27

2024/25

2025/26

2026/27

10713

Ngā Uri Māui Trust

50,588

40,000

40,000

50,000

40,000

40,000

10516

Te Rūnanga o Ngāti Whakaue ki Maketū*

162,650

162,650

162,650

50,000

50,000

50,000

Attached

Youth SAR

8,000

8,000

8,000

8,000

8,000

8,000

Attached

Tauranga Moana Biosecurity Capital (TMBC)

100,000

100,000

100,000

50,000

50,000

50,000

10349

Sustainable Bay of Plenty Charitable Trust

50,000

50,000

50,000

50,000

50,000

50,000

10571

Rotorua X

9,999

7,499

4,999

0

0

0

10165

Western Bay of Plenty Heritage Trust (Western Bay Museum)

32,500

40,000

25,000

32,500

32,500

32,500

10563

REKA Charitable Trust

70,000

0

0

0

0

0

9843

The Stand Tall Community Trust

25,000

25,000

25,000

0

0

0

10464

SPCA

28,794

28,794

28,794

0

0

0

10477

Aquatic Survival Skills Trust

30,000

40,000

50,000

0

0

0

10552

The Preserving Local History and Educational Trust (Te Pupuri I Nga Hitori o Te Rohe Trust)

7,000

7,000

7,000

0

0

0

Total

574,531

508,943

501,443

240,500

230,500

230,500

 

 

 

 

 

Currently Budgeted in draft LTP

200,000

200,000

200,000

300,000

300,000

300,000

 

 

 

 

 

Balance

-374,531

-308,943

-301,443

59,500

69,500

69,500

3   Directs staff to implement an increase to the Regional Safety and Rescue Fund, funded by the regional safety and rescue services targeted rate as outlined in the following table:

Submission  #

Project Title

Funding requested ($)

Council deliberations ($)

2024/25

2025/26

2026/27

2024/25

2025/26

2026/27

10553 

Surf Lifesaving NZ (Excl. Tauranga)

350,000

 350,000 +inflation

 350,000 +inflation

350,000

359,485

366,555

via RSRS 

Coastguard

200,000

200,000

200,000 

200,000

205,420

209,460

 via RSRS

Rotorua Mountain Bike Club

 69,000

80,000

80,000 

  58,500

60,085

61,267

 via RSRS

Land Search and Rescue

33,000

33,000

33,000 

  20,000

 20,542

 20,946

Total

652,000

663,000

663,000

628,500

645,532

658,228

 

 

 

 

Currently Budgeted in draft LTP

400,000

400,000

400,000 

528,500

645,532

658,228

 

 

 

 

Balance

-252,000

-263,000

-263,000

4    Directs staff to incorporate recommendations in the table below for supporting environmental volunteering through the Volunteer Initiatives Fund, which has budgeted funding as outlined in the below table:

Submission  #

Project Title

Funding requested ($)

Council deliberations ($)

2024/25

2025/26

2026/27

2024/25

2025/26

2026/27

10198

Bay Conservation Alliance

85,000

120,000

120,000

85,000

120,000

120,000

9948

Envirohub

150,000

150,000

150,000

100,000

100,000

100,000

10282

Outflow Trust

151,616

151,616

151,616

30,000

30,000

30,000

10248

Sea Cleaners Trust

50,000

50,000

50,000

50,000

50,000

50,000

 

Care Group Coordinator - Contractor

60,000

60,000

60,000

60,000

60,000

60,000

Total

496,616

531,616

531,616

325,000

360,000

360,000

 

 

 

 

Currently Budgeted in draft LTP

285,000

285,000

285,000

285,000

285,000

285,000

 

 

 

 

Balance

-211,616

-246,616

-246,616

-40,000

-75,000

-75,000

5    Directs staff to develop a Water Quality Funding Support Policy through the Strategy and Policy Committee to be approved by Council;

6    Decides that all new wastewater funding support is on hold until the Water Quality Funding Support Policy is approved by Council;

7    Confirms the annual budget of $300,000 for the Environmental Enhancement Fund;

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;

9    Directs staff to bring reviews of the Community Initiatives Fund, Volunteer Initiatives Fund, Environmental Enhancement Fund and the Māori initiatives Fund, so they can be integrated, to the Strategy and Policy Committee.

Thompson/Macmillan

CARRIED

 

5.11

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.

 

Resolved

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.

Iti/White

CARRIED

 

5.12

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.

 

Resolved

That the Regional Council:

1       Receives the report, Draft Rates Remission and Postponement Policies - Submissions and Deliberations.

2       Considers the submissions received and the options presented in the attached Issues and Options papers and provides direction to staff to prepare final versions of the policies (Rates Remission and Postponement Policy (All Land) and Rates Remission and Postponement Policy for Māori Freehold Land) for adoption in June 2024, which:

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.

Iti/McDonald

CARRIED

 

5.13

Draft Development Contributions or Financial Contributions Policy - Submissions and Deliberations

Presented by: Kumaren Perumal - Chief Financial Officer

 

Resolved

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.

Nees/Crosby

CARRIED

6.     Confirmation of Decisions

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.

 

6.1

Resolved

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.

 

 

Confirmed                                                                                          

                                                                         Chairman Doug Leeder

Chairperson, Regional Council


 Extraordinary Regional Council Minutes

11 June 2024

 

Extraordinary Regional Council

Open Minutes

Commencing:             Tuesday 11 June 2024, 1.40 PM (at the conclusion of the Monitoring & Operations Committee meeting)

Venue:                         Mataatua Room, Bay of Plenty Regional Council, 5 Quay Street, Whakatāne and via Zoom (audio visual meeting)

Chairperson:               Chairman Doug Leeder

Deputy Chairperson:  Deputy Chairperson Jane Nees – via Zoom

Members:                    Cr Malcolm Campbell

Cr Stuart Crosby

Cr Toi Kai Rākau Iti – via Zoom

Cr Matemoana McDonald

Cr Ron Scott

Cr Lyall Thurston – via Zoom

Cr Andrew von Dadelszen – via Zoom

Cr Te Taru White – via Zoom

Cr Kevin Winters

In Attendance:            Fiona McTavish – Chief Executive, Mat Taylor – General Manager Corporate, Amanda Namana – Committee Advisor

Apologies:                  Cr Kat Macmillan, Cr Paula Thompson, Cr Ken Shirley

 

Chairman Leeder noted that as the meeting followed straight on from the Monitoring & Operations Committee, the livestreaming statement from then still applied. The recording would be made available on the Bay of Plenty Regional Council website following the meeting Extraordinary Council - 11 June 2024

1.     Apologies

Resolved

That the Regional Council:

1       Accepts the apologies from Cr Kat Macmillan. Cr Paula Thompson and Cr Ken Shirley tendered at the meeting.

Leeder/Winters

CARRIED

 

2.     Declaration of Conflicts of Interest

Cr Stuart Crosby – as a Director of Quayside holdings Ltd declared an interest in Agenda Item 8.1: Extension of Quayside Holdings Limited General Facility Agreement and abstained from discussion and voting.

Cr Te Taru White – as a Director of Quayside holdings Ltd declared an interest in Agenda Item 8.1: Extension of Quayside Holdings Limited General Facility Agreement and abstained from discussion and voting.

3.     Reports

Decisions Required

3.1

Extension of Quayside Holdings Limited General Facility Agreement

Presented by: Mat Taylor – General Manager Corporate and Kumaren Perumal – Chief Financial Officer (via Zoom)

Key Points:

·    Clarified there were two main aspects of the report, being the extension of the existing $50m borrowing, and the transfer of a further $50m borrowing to Local Government Funding Agency (LGFA) as this provided more favourable terms than the existing arrangements

·    Noted that although the Chief Executive was a Director on the Quayside Holdings Ltd Board, there was no conflict of interest in this matter as the Chief Executive’s role was restricted to applying any decision the Council made, rather than being part of the decision making process. Further noted that the Chief Executive was abstaining from providing any advice on the matter before the Council today

 

Resolved

That the Extraordinary Regional Council:

1       Receives the report, Extension of Quayside Holdings Limited General Facility Agreement.

2       Approves the extension of the Quayside Holdings Limited General Facility Agreement to 1 July 2030.

3       Approves the increase of the Quayside Holdings Limited General Facility from $50 million to $100 million to replace other Quayside Holdings Limited borrowing facilities.

4       Delegates to the Chief Executive the power to sign any legal documents to give effect to recommendations 2 and 3.

5       Notes that any transactions under the Quayside Holdings Limited General Facility are approved within daily transaction limits set in the Treasury Policy.

Winters/Campbell

CARRIED

1.45 pm – the meeting closed.

 

 

 

 

 

Confirmed                                                                                          

                                                                         Chairman Doug Leeder

Chairperson, Regional Council

 


 

 

 

Report To:

Regional Council

Meeting Date:

26 June 2024

Report Writer:

Gillian Payne, Principal Advisor; Mark Le Comte, Principal Advisor, Finance and Kumaren Perumal, Chief Financial Officer

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

To present the Revenue and Financing Policy for adoption, following public consultation and Council’s deliberations,

 

 

Adoption of Revenue and Financing Policy

 

Executive Summary

This report seeks adoption of Council’s Revenue and Financing Policy (RFP) and Funding Needs Analysis. 

The RFP was reviewed during a series of Council workshops that were open to the public, in 2023.  The Funding Needs Analysis outlines the rationale for the funding sources set out in the RFP.

Alongside the public consultation on the draft Long Term Plan 2024-2034 (LTP), the draft RFP and its supporting document were available for public feedback, between 8 March 2024 and 9 April 2024. 

Council considered all submissions on 28 May 2024, and confirmed the policy direction reflected in the draft RFP and draft Funding Needs Analysis as approved for public consultation. The RFP underpins the revenue sources identified in the LTP, which also presented for adoption at this meeting.

 

 

Recommendations

That the Regional Council:

1       Receives the report, Adoption of Revenue and Financing Policy.

2       Notes that Council has consulted on proposed changes to the Revenue and Financing Policy and has followed the Local Government Act 2002 section 82 Principles of Consultation, and section 83 Special Consultative Procedure, in preparing and consulting on the policy.

3       Adopts the following policy and its supporting information:

(a)         Revenue and Financing Policy (Attachment 1).

(b)         Funding Needs Analysis, supporting the Revenue and Financing Policy (Attachment 2).

4       Delegates to the Chief Executive the authority to make minor editorial changes, if necessary.

 

1.        Introduction

Council’s Revenue and Financing Policy (RFP) was reviewed during a series of Council workshops that were open to the public, in 2023. 

On 6 March 2024 Council approved a draft RFP and supporting documentation (Funding Needs Analysis) for consultation.  The Funding Needs Analysis outlines the rationale for the funding sources set out in the RFP.

The draft RFP and its supporting document were available for public feedback, between 8 March 2024 and 9 April 2024.  Submitters that wished to be heard presented their views to Council on 10, 14, 15 and 16 May 2024. 

Council considered all submissions on 28 May 2024, and confirmed the policy direction reflected in the draft RFP and the draft Funding Needs Analysis as approved for public consultation.

1.1      Legislative Framework

Local Government Act 2002 (LGA) requires Council to have a Revenue and Financing Policy, and to consult on a draft policy according to the requirements of LGA section 82. 

LGA section 102(3A) directs that the RFP must support the principles set out in the Preamble to Te Ture Whenua Māori Act 1993. 

1.2      Alignment with Strategic Framework

 

A Healthy Environment

 

Freshwater for Life

 

Safe and Resilient Communities

 

A Vibrant Region

 

The Way We Work

We honour our obligations to Māori.

We deliver value to our ratepayers and our customers.

 

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

 

¨ Cultural

 

¨ Social

Low - Positive

¨ Economic

Low - Positive

 

 

2.        Considerations

2.1      Risks and Mitigations

There are no significant risks associated with this decision to adopt the Revenue and Financing Policy.

2.2      Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts.  The impact of climate change on Council’s activities and the consequential considerations for funding sources where considered during the review of this policy, prior to consultation.

 

2.3      Implications for Māori

The RFP is required in LGA section 102(3A) to support the principles set out in the Preamble to Te Ture Whenua Māori Act 1993.  Council took these principles into account during its review of the RFP, prior to consultation, and during deliberations on the feedback received.

 

2.4      Community Engagement

 

Council workshops to review the RFP were held between April 2023 and December 2023, and were open to the public.

On 6 March 2024 Council approved a Statement of Proposal, a draft RFP and supporting documentation (Funding Needs Analysis) for consultation.  The submission period ran from 8 March 2024 to 9 April 2024, coinciding with public consultation on the LTP.

One of the proposals in the RFP’s Statement of Proposal was also a question in the LTP’s Consultation Document.  Events held around the region to promote the LTP consultation also promoted the RFP proposals.  

Submitters that wished to be heard on the RFP proposals presented their views to Council on 10, 14, 15 and 16 May 2024. 

Following adoption of the final policy, submitters will be advised of Council’s decisions on the RFP, and the reasons for them.

 

2.5      Financial Implications

 

The financial implication of adopting this policy flow through to the funding sources used to develop the LTP for adoption, which is also expected to be adopted at this meeting.

 

3.        Next Steps

Following adoption, submitters will be advised of Council’s decision on the RFP question in the LTP Consultation Document (regarding funding of public transport in urban areas) and its decision to adopt the RFP.

Attachments

Attachment 1 - Revenue and Financing Policy 2024

Attachment 2 - Funding Needs Analysis (Supporting Revenue and Financing Policy)  

 


Regional Council                                                                      26 June 2024

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Regional Council                                                                      26 June 2024

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Report To:

Regional Council

Meeting Date:

26 June 2024

Report Writer:

Graeme Howard, Corporate Planning Lead

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

This report requests Council adopt the updated Significance and Engagement Policy. This follows public consultation and Council decisions made in relation to its Long Term Plan 2024-2034.

 

 

Adoption of the updated Significance and Engagement Policy

 

Executive Summary

Council is required to have a Significance and Engagement Policy (SEP) under the Local Government Act 2002 (LGA) and the SEP is required to list Council’s Strategic Assets. The current SEP includes a requirement to maintain a majority shareholding in the Port of Tauranga Limited.

Council consulted on a proposal to enable the managed sell-down of the Port of Tauranga Limited shares to a minimum shareholding of 28% through the Long Term Plan 2024-2034. The proposal included an update to the SEP.

Following careful consideration of submissions, Council decided to enable the managed sell down process, and directed staff to prepare the Significance and Engagement Policy. The updated Significance and Engagement Policy has been prepared and is included as Attachment 1.

Council is requested to adopt the attached Significance and Engagement Policy.

 

Recommendations

That the Regional Council:

1       Receives the report, Adoption of the updated Significance and Engagement Policy;

2       Adopts the Significance and Engagement Policy, included as Attachment 1; 

3       Delegates to the Chief Executive the ability to make minor editorial changes to the Significance and Engagement Policy before publication.

 

1.        Introduction

Council’s Significance and Engagement Policy (SEP) lists Council’s Strategic Assets as required under the LGA, which includes Council’s majority shareholding in the Port of Tauranga Limited (POTL).

Following Council’s decision to enable Quayside Holdings Limited (QHL) to reduce its shareholding in POTL to a minimum of 28%, the SEP needs to be amended, for consistency.

This requirement to amend the SEP was set out in Council’s Consultation Document for the Long Term Plan 2024-2034 (LTP), and a copy of the SEP, including the updated wording to amend the policy, was included as an LTP supporting document on Council’s LTP consultation page on the Participate website.

At Council’s LTP deliberations on the 28 May 2024, Council made the following resolution:

•    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 of shareholding of 28%.

An updated SEP has been prepared to enable the managed sell-down of the POTL shares to a minimum of shareholding of 28% and is attached to this report.

Further detail on the changes is set out in this report.

1.1      Legislative Framework

Council is required to have a SEP under section 76AA of the Local Government Act 2002 (LGA).

Section 76AA (3) of the LGA requires a significance and engagement policy to list the assets considered by Council to be strategic assets. Strategic assets are defined in section 5 of the LGA and includes “ … any shares held in a port company within the meaning of the Port Companies Act 1988”. This means that any shares held in POTL are strategic assets (at whatever level of shareholding) and changes to their ownership or control are subject to the provisions of LGA section 97.

Section 97(2) of the LGA states that any decision to transfer the ownership or control of a strategic asset can only be taken if the decision is explicitly provided for in a Long Term Plan, and the proposal to provide for the decision was included in a consultation document in accordance with section 93E of the LGA.  This means that the special consultative procedure (LGA section 83) must be used, as well as comply with the additional consultation requirements set out in section 93E of the LGA.

1.2      Alignment with Strategic Framework

 

A Healthy Environment

 

Freshwater for Life

 

Safe and Resilient Communities

 

A Vibrant Region

 

The Way We Work

 

The SEP aims to enable decision making that supports all of Council’s Community outcomes

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

 

¨ Cultural

 

¨ Social

 

¨ Economic

 

 

The SEP aims to enable decision making that supports positive outcomes across all well-beings.

 

2.        Significance and Engagement Policy changes

The SEP was published as a supporting document for the draft LTP and included the following proposed wording to Schedule 1 - Strategic Assets’:

Existing Text: Council’s majority shareholding in Port of Tauranga Limited, which is held through Quayside Holdings Limited

New Text: Council’s equity securities in Port of Tauranga Limited, which is held through Quayside Holdings Limited

In addition, following Council LTP deliberations on 28 May, the following explanatory note has been added to the SEP. 

New Text: Note: Council consulted on reducing its shareholding in the Port of Tauranga from 54% to a minimum of 28% through its Long Term Plan 2024-2034. After carefully considering public feedback, Council decided to enable this managed sell down process. Any other decisions related to the sell down process will be assessed against this policy to determine whether further consultation is required.

For the avoidance of doubt, any further decision to reduce Council’s equity securities in Port of Tauranga below 28% would need to be provided for in a future Long Term Plan or Long Term Plan amendment as required by section 97 of the LGA 2002, and therefore subject to the special consultation procedure section set out in section 83 and additional consultation requirements set out in section 93E of the LGA.

The changes above have been included in:

1 – The Significance and Engagement Policy included for adoption as Attachment 1 to this report.

2 - The summary of the Significance and Engagement Policy included in the Long Term Plan 2024-2034 Volume 2, also included in this Agenda.

3.        Considerations

3.1      Risks and Mitigations

There are no significant risks associated with this matter.

3.2      Climate Change

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

 

 

3.3      Implications for Māori

There are no direct impacts for Māori as a result of adopting the SEP.

 

3.4      Community Engagement

 

Adobe Systems

CONSULT

Whakauiuia

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

 

Council consulted on the amendment to the SEP as part of its proposal in the LTP Consultation Document to reduce the shareholding in POTL from 54% to a minimum of 28%. Council considered submissions on this proposal at its LTP deliberations Council meeting on the 28 May 2024. Consultation has now concluded.

 

3.5      Financial Implications

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

-   Unbudgeted work during the current financial year?

-   Unbudgeted work for any of the years remaining in the current Long Term Plan?

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.

 

 

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.

Following adoption, Council will publish the SEP on its website. 

 

Attachments

Attachment 1 - Significance and Engagement policy - LTP2024 updated  

 


Regional Council                                                                      26 June 2024

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Report To:

Regional Council

Meeting Date:

26 June 2024

Report Writer:

Kumaren Perumal, Chief Financial Officer and Olive McVicker, Corporate Performance Team Lead

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

The report recommends that Council adopt its Strategic Framework, incorporating decisions made at Council’s LTP deliberations meeting on 28 May 2024.

 

 

Long Term Plan 2024-2034 - Strategic Framework

 

Executive Summary

Council reviewed the strategic framework for the Long Term Plan 2024-2034 (LTP) in early 2023.  This draft framework was adopted by Council in March 2024 as part of the Consultation Document.  The consultation resulted in 22 submitters providing feedback.  Overall there was strong support for the framework.

The draft Strategic Framework was reviewed at the LTP deliberations meeting held on 28 May 2024.  This resulted in two changes to the framework:

1.  The community outcome for Connected Communities was renamed to Connected and Enabled Communities

2.  A new goal inserted (goal 11) - Supporting community organisations to achieve equitable community outcomes

The staff recommendation for the prioritisation of the goals was referred to the Strategy and Policy Committee.

The adoption of the LTP will enable the implementation of the strategic framework from 1 July 2024.

 

Recommendations

That the Regional Council:

1       Receives the report, Long Term Plan 2024-2034 - Strategic Framework.

2       Adopts the Strategic Framework which incorporates the following changes requested at the Long Term Plan 2024-2034 deliberations:

a.   That the community outcome Connected Communities is renamed to Connected and Enabled Communities

b.   That a new goal - Supporting community organisations to achieve equitable community outcomes - be included in the Connected and Enabled Communities outcome area.

3       Refers the development of the prioritisation framework to the Strategy and Policy Committee

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.

 

1.        Introduction

Council reviewed and updated the strategic framework in 2023.  This framework was endorsed by Council in May 2023 and provided the foundation to develop the draft LTP.  The framework identifies the community outcomes as required by the Local Government Act 2002 (LGA), and reflects the environmental, cultural, social and economic wellbeings.

In the draft LTP, the five outcomes were supported by 17 goals which recognise Council’s specific focus in delivering the outcomes.  This is underpinned by the organisation’s values, enablers and how we work.  As part of the draft LTP development all Council activities were reviewed and aligned to the new strategic framework.

The consultation and subsequent hearings provided positive feedback on the new framework. 

At the deliberations meeting on 28 May 2024, Council made changes to the draft strategic framework and direction was given for further development work on a tool to prioritise the goals.  Further details on the strategic framework changes are discussed in section two of this report. 

1.1      Legislative Framework

Council is required to have a Long Term Plan under section 93 of the Local Government Act 2002 (LGA), which includes the identification of community outcomes.  Schedule 10 of the LGA also requires Council to identify Groups of Activities, and Activities.

1.2      Alignment with Strategic Framework

 

A Healthy Environment

 

Freshwater for Life

 

Safe and Resilient Communities

 

A Vibrant Region

 

The Way We Work

We deliver value to our ratepayers and our customers.

Council has reviewed and proposed a new strategic framework/direction including new community outcomes for the LTP.  If Council adopts the new strategic framework, this will replace the current Community Outcomes from 1 July 2024.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

 

þ Cultural

 

þ Social

 

þ Economic

 

 

 

 

1.3      Significance

The recommended proposal/decision has been assessed against the criteria and thresholds in Council’s Significance and Engagement Policy, and can be considered:

Medium

The decision is not within existing budgets and does not implement the current long term plan or annual plan.

 

 

2.        Strategic Framework for LTP 2024-2034

2.1      Changes to the Proposed Strategic Framework

2.1.1    Community outcome – Connected Communities

At the deliberations meeting on 28 May 2024 Council resolved that the community outcome Connected Communities be renamed to Connected and Enabled Communities.  A further addition to this outcome was a new goal:

Supporting community organisations to achieve equitable community outcomes.

The strategic framework has been updated (refer Attachment 1) to include this new goal (number 11) and as a result there are now 18 goals within the strategic framework.

2.1.2    Goal Prioritisation

To provide direction on the priorities for Council, a prioritisation proposal was prepared by staff for Council’s consideration at the LTP deliberations meeting.  After consideration of the draft prioritisation framework, Council referred it to the Strategy and Policy Committee for further work, consideration and subsequent decision. This work will be undertaken in the 2024/25 financial year.

3.        Considerations

3.1      Risks and Mitigations

There are no significant risks associated with decisions sought in this paper.

 

3.2      Climate Change

 

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

 

3.3      Implications for Māori

The strategic framework was included in the Consultation Document and supported by the communications and engagement programme for the LTP consultation process. This included a focus on seeking input from Māori across our region and resulted in a number of submissions from Māori individuals, iwi and organisations.

 

3.4      Community Engagement

 

The strategic framework was included in the LTP Consultation Document which was part of the Special Consultative Procedure as required by the LGA S93A.

 

3.5      Financial Implications

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

 

4.        Next Steps

On the adoption of the LTP, the new strategic framework will be implemented from 1 July 2024.  This includes the alignment of business and Council reporting templates, as well as the considering ways to measure and monitor progress towards the goals.

Staff will work with the Policy and Strategy Committee to identify the methodology for prioritisation of the goals.

Attachments

Attachment 1 - Strategic Framework A3_June 2024  

 


Regional Council                                                                      26 June 2024

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Report To:

Regional Council

Meeting Date:

26 June 2024

Report Writer:

Kumaren Perumal, Chief Financial Officer; Olive McVicker, Corporate Performance Team Lead; Mark Le Comte, Principal Advisor, Finance and AJ Prinsloo, Finance Manager

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

To enable Council to adopt the Long Term Plan 2024-2034

 

 

Long Term Plan 2024-2034 - Adoption

 

Executive Summary

This report seeks Council adoption of the Long Term Plan 2024-2034 (LTP) under section 93(3) of the Local Government Act (2002).

The LTP process has involved a series of workshops and meetings commencing in February 2023.  The consultation on the Consultation Document occurred from 8 March 2024 to 9 April 2024 with a total of 391 submissions received for the LTP.  Council Hearings were held on 10, 14-16 May 2024 where 158 submitters were heard.  The Council deliberations were held on 28 May 2024 which provided the final direction and decisions required for this LTP.

Submitters will receive replies to their submissions following adoption of the LTP.

The LTP has been subject to an external audit process, and the Audit Director will attend the meeting to present the Audit Report. 

A real general rates increase of 2.9% ($13 per household) is planned for 2024/25 and an average real targeted rates increase is 17.5%.  The budget is balanced for each year of the LTP.

 

Recommendations

That the Regional Council:

1       Receives the report, Long Term Plan 2024-2034 - Adoption.

2       Notes that the Long Term Plan 2024-2034 has been subject to an audit process.

3       Adopts the Asset Management Plans and Asset Management Plan Summaries which are supporting documents for the Long Term Plan 2024-2034 and include:

(i)   Strategic Asset Management Plan

(ii)  Rivers & Drainage Asset Management and Executive Summary

(iii) Maritime Asset Management Plan and Summary

(iv) Regional Parks and Coastal Catchments Asset Management Plan and Summary

(v)  Rotorua Te Arawa Lakes Asset Management Plan and Summary

(vi) Property Asset Management Plan and Summary

4       Authorises the Chair to sign the Audit New Zealand Letter of Representation on behalf of Council.

5       Receives the Audit New Zealand audit opinion on the Long Term Plan 2024 – 2034.

6       Adopts the Long Term Plan 2024 – 2034 to come into effect 1 July 2024, comprising:

(a)  Volume One including:

(i)   Strategic Framework

(ii)  Community Outcomes

(iii) Statement of Service Performance

(iv) Development of Māori capacity to contribute to decision making

(b)  Volume Two including:

(i)   Financial Strategy

(ii)  Infrastructure Strategy

(iii) Prospective Financial Statement

(iv) Accounting Policies

(v)  Council Controlled Organisations

(vi) Funding Impact Statement

(vii)  Revenue and Financing Policy

(viii) Rates Funding Impact Statement

(ix) Significant Forecasting Assumptions

(x)  Significant Negative Effects

7       Notes that all submitters to the Long Term Plan 2024-2034 will receive a letter outlining Council’s key decisions in relation to the Long Term Plan 2024-2034 during July 2024.

8       Delegates to the Chief Executive the ability to make minor editorial changes to the Long Term Plan 2024-2034 and supporting documentation before publication.

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.

 

1.        Introduction

The Local Government Act 2002 (LGA) section 93 requires councils to have a Long Term Plan which must be adopted before the start of the first year of the plan. 

The Long Term Plan 2024-2034 (LTP), once adopted, will come into effect on 1 July 2024.

1.1      Legislative Framework

LGA section 93 requires to councils to have an LTP in place at all times.  LTPs remain in force for up to three years, but can be amended at any time.

1.2      Alignment with Strategic Framework

 

A Healthy Environment

 

Freshwater for Life

 

Safe and Resilient Communities

 

A Vibrant Region

 

The Way We Work

We deliver value to our ratepayers and our customers.

Council has reviewed and developed a new strategic framework including new community outcomes for the LTP.  If Council adopts the new strategic direction, this will replace the current community outcomes from 1 July 2024.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

 

þ Cultural

 

þ Social

 

þ Economic

 

 

 

1.3      Significance

The recommended proposal/decision has been assessed against the criteria and thresholds in Council’s Significance and Engagement Policy, and can be considered:

Medium

The decision is not within existing budgets and does not implement the current long term plan or annual plan.

 

2.        Development of the Long Term Plan 2024-2034

Council adopted the LTP Consultation Document and supporting documentation for the draft LTP 2024-2034 on 6 March 2024 and the public consultation period ran from 8 March to 9 April 2024.  At total of 391 submissions were received for the LTP.

The hearings were held on the 10, 14-16 May 2024 where 158 submitters presented their views.  Council held their deliberations on 28 May 2024, where final direction was given to prepare the LTP for adoption.

 

2.1      Consultations questions

2.1.1    Funding of Public Transport in urban areas

The LTP consultation asked how public transport in urban areas should be funded.  After consideration of the submissions Council confirmed its proposal to change rates funding from 100% targeted rates to 90% targeted rates and 10% general funds.

2.1.2    Managed sell down of Port of Tauranga Limited shareholding

Council has consulted on reducing the shareholding in the Port of Tauranga Limited from 54% to a minimum of 28%. After considering public feedback, Council provided direction for the LTP to enable a managed sell down to a minimum of 28%.

Council still needs to approve the details of the process that will be followed and approve the final sale conditions of any shares. This will include further consideration of any submissions received that commented on the potential process, determination of any imperatives for strategic control and engagement with Tangata Whenua.  Once this work is done and decisions are made, Council would then direct Quayside Holdings Limited to alter their Statement of Intent to reflect those decisions. 

2.1.3    Regional Park investigations

Council sought public feedback as to whether investigations should be completed for the acquisition of two regional parks, one in Rotorua district and the other in Western Bay of Plenty.  During the consultation, Council received a gift of land in Hot Springs Road from the Noble family.

Based on the feedback received from the consultation and taking into account the gift of the Hot Springs Road property, Council decided to continue with the investigations for a Rotorua Regional Park.  The funding initially allocated for investigations for a Western Bay property has been re-allocated to cover property management expenses.

2.2      Budget announcement – Before the Deluge funding

On 30 May 2024 the Government announced co-investment funding for flood resilience, to enable key flood resilience projects throughout the country.  Included in this list are three projects in the Bay of Plenty Region.  They are:

·     Future Proof Whakatāne Tauranga Rivers – stopbanks and floodwalls upgrade

·     Kaituna Catchment Control Scheme – floodpumps and stopbank upgrades

·     Waioeka-Otara Rivers Scheme – stopbank upgrades.

Council is currently waiting for further information on the type of funding i.e. grant, or loan, and timing.  Due to the level of uncertainty, this funding has not been included in the LTP.  As potential funding will be applied to capital projects over multiple years, the impact on rates is likely to be relatively small initially but will accumulate over time.

As details of the funding and process required are confirmed, any budget and rating adjustments required will be managed through the 2025/26 Annual Plan process.

2.3      Climate Change Statement

The Climate Change Statement is included in Council’s LTP and identifies the vision, objectives, and goals for addressing the impacts of climate change. This is supported by a Climate Change Action Plan which identifies the actions required to progress this work. 

At the deliberations meeting a further goal was identified.  It is:

Economic Transition:  We support land use change innovation and adaptation along with waste and circular economy initiatives.

The Climate Change Statement has been updated to include this new goal.  The Climate Change Action Plan will also be updated to reflect the new goal and will identify key initiatives required.

The draft Climate Change Action Plan will be considered by the Strategy & Policy Committee in September for adoption.  Once adopted, the plan will be implemented.

3.        The Long Term Plan

The Long Term Plan is functionally a single document but is separated into two volumes - Volume One/Tahi and Volume Two/Rua.  Pages in the two volumes are continuously numbered and provided in Supporting Documents 1 and 2. Volume One/Tahi is graphically designed and provides our strategic direction, proposed levels of service, and key financial information. Volume Two/Rua is not graphically designed and provides legislatively required detail.

4.        Asset Management Plans and Summaries

Asset Management Plans set out Council’s approach to the long term management of capital assets, including approaches to acquisition, renewal and disposal.  Council has a Strategic Asset Management Plan and five tactical Asset Management Plans:

·     Rivers and Drainage Asset Management Plan 2024-2074

·     Rotorua Te Arawa Lakes Asset Management Plan 2024-2034

·     Maritime Operations Asset Management Plan 2024-2034

·     Regional Parks and Catchments Asset Management Plan 2024-2034

·     Property Asset Management Plan 2024-2034

The Asset Management Plans are included as a supporting document.  The Asset Management Plan summaries are provided in Attachment 1.  These summaries provide high level information for each asset area and are intended for a community audience.

5.        Budget and Rates

The Long Term Plan 2024-2034 has budgeted:

·     Operating expenditure of $2.2 billion over the next 10 years, with year one expenditure of $200 million

·     Capital expenditure of $149 million over the next 10 years with year one expenditure of $26 million

·     A real general rates increase of 2.9% in year one (8.2% including inflation and growth).

·     A real targeted rates increase of 17.5% in year one (22.8% including inflation and growth), the cost per household varies depending on the area of the property and the services provided.

6.        Audit

Audit New Zealand have audited the draft Long Term Plan (Volumes One/Tahi and Two/Rua) and supporting information. 

The Audit Director, Leon Pieterse, will attend the meeting to present the audit opinion.

7.        Response to Submitters

All submitters will receive a response outlining Council’s decisions in relation to the topics on which they provided feedback.  Individualised responses will be sent to key stakeholders including those who requested funding.

 

8.        Considerations

8.1      Risks and Mitigations

There are no significant risks associated with this matter/subject/project/initiative.

8.2      Climate Change

The LTP incorporates the updated Climate Change Statement and provides funding for a number of relevant projects.

 

8.3      Implications for Māori

The LTP has received submissions from Māori individuals and groups, and these provided input to the decisions made by Council at deliberations.

 

8.4      Community Engagement

 

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CONSULT

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

 

Council has used the Special Consultative Procedure as required by section 93A of the Local Government Act 2002.  Through this process Council received 391 submissions on the LTP.  These submissions were considered through the hearings and deliberations process and informed Council decisions at the deliberations held on 28 May 2024. 

 

8.5      Financial Implications

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

-   Unbudgeted work during the current financial year?

-   Unbudgeted work for any of the years remaining in the current Long Term Plan?

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.

 

Full financial information is provided in Volumes One and Two (Supporting Documents 1 and 2) of the LTP.

 

9.        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.

Following adoption of the Long Term Plan 2024-2034, staff will make any required minor editorial corrections.  The plan will be available on Council’s website from 1 July 2024, and printed copies will be available and distributed to key stakeholders by 31 July 2024.

Attachments

Attachment 1 - Final AMP Summaries Combined for Adoption

Supporting Document 1 - Te Mahere Turoa - Long Term Plan 2024-2034 - Volume One

Supporting Document 2 - Te Mahere Turoa - Long Term Plan 2024-2034 - Volume Two

Supporting Document 3 - Final Combined AMP's for Adoption 26 June 2024  

 


Regional Council                                                                      26 June 2024

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Regional Council                                                                      26 June 2024

 

Item 9.4

Supporting Document 1

Te Mahere Turoa - Long Term Plan 2024-2034 - Volume One


Regional Council                                                                      26 June 2024

 

Item 9.4

Supporting Document 2

Te Mahere Turoa - Long Term Plan 2024-2034 - Volume Two


Regional Council                                                                      26 June 2024

 

Item 9.4

Supporting Document 3

Final Combined AMP's for Adoption 26 June 2024


 

 

 

Report To:

Regional Council

Meeting Date:

26 June 2024

Report Writer:

Olive McVicker, Corporate Performance Team Lead; Kumaren Perumal, Chief Financial Officer and Alicia Burningham, Corporate Planner

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

That Council adopts the Fees and Charges Policy with effect from 1 July 2024.

 

 

Adoption of Fees and Charges Policy

 

Executive Summary

This report recommends that Council set the Fees and Charges outlined in the attached Fees and Charges Policy. This includes charges under the Resource Management Act, Building Act, Flood Protection and Drainage Bylaw and Navigation Safety Bylaw.

Council consulted on the proposed changes following the Local Government Act 2002 (LGA) special consultative procedure. We received 20 submissions on the proposed amendments to the policy.  These were considered along with the associated staff recommendations at Council’s draft Long-Term Plan 2024-2034 deliberations meeting on 28 May 2024.

A final version of the Fees and Charges Policy is included as Attachment 1 to this report, which incorporates the changes from the deliberations meeting. The fees and charges, following adoption, will be effective from 1 July 2024 and will be publicly available in hardcopy and on Council’s website.

 

Recommendations

That the Regional Council:

1       Receives the report, Adoption of Fees and Charges Policy.

2       Notes that Council has followed the Local Government Act 2002 Special Consultative Procedure in preparing and consulting on the proposed changes to the Fees and Charges Policy and that Council has considered the submissions received.

3       Adopts the Fees and Charges Policy (Attachment 1) and sets the Fees and Charges accordingly with effect from 1 July 2024.

4       Approves that the fees in Schedule 7 of the Navigation Safety Bylaw 2017 are updated as proposed, and that all other fees, charges and penalties in the Navigation Safety Bylaw 2017 remain in force.

5       Delegates to the Chief Executive to make minor editorial and formatting changes to the Fees and Charges Policy if required.

 

1.        Introduction

The proposed new Fees and Charges Policy, which includes Resource Management Act (RMA) charges, Building Act charges and changes to Bylaw charges, was consulted on concurrently with consultation on Council’s draft Long Term Plan 2024-2034 (LTP) consultation process.

RMA charges are set in terms of Section 36 of the RMA. Council also has certain functions under the Building Act 2004; section 243 of this Act allows Council to set a fee for the performance of some of its functions. Under the Building Act 2004, Council is responsible for functions relating to dams.

Council conducted a Special Consultative Procedure as required by LGA s83 for the Fees and Charges Policy. All submissions and associated staff recommendations were considered by Council at the deliberations meeting on 28 May 2024. Council directed staff to prepare the Fees and Charges Policy for adoption including:

a)      Gravel Management fees, retaining the 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)      Reinstatement of current charges in policy (see 2.4 for more detail).

1.1      Legislative Framework

Council fees and charges are set under various Acts and Bylaws including the Local Government Act 2002, Resource Management Act, Maritime Transport Act, Floodways and Drainage Bylaw and Navigation and Safety Bylaw.

1.2      Alignment with Strategic Framework

 

A Healthy Environment

 

Freshwater for Life

 

Safe and Resilient Communities

 

A Vibrant Region

 

The Way We Work

 

Fees and charges cover part of the cost of services related to the Healthy Environment, Freshwater for Life and Safe and Resilient Community Outcomes.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

¨ Cultural

 

þ Social

Low - Positive

þ Economic

Low - Positive

The purpose of Local Government includes promoting the social, economic, environmental, and cultural well-being of communities in the present and for the future.

Identify which dominant Community Well-being(s) the project/proposal will affect.  Also indicate what level of impact and what effect the project/proposal will have on the relevant well-being(s).  For instance consider:

•  Will the project/proposal have a high, medium or low impact on the well-being(s)?

•  Are the effects of the impacts positive and/or negative? 

•  Describing simply the overall impact of the project/proposal.

•  Providing an explanation if there are positive and negative impacts for each well-being(s).

•  Identifying if your assessment of the actual or proposed impact is backed by evidence.

Also consider identifying if there are any relevant considerations against the Living Standards Framework.

Further guidelines available here.

The funding from fees and charges helps to provide Council activities, including resource consents, compliance monitoring, data and science, flood protection and maritime operations.

 

2.        Fees and Charges Policy

Council consulted on the Statement of Proposal which outlined the major proposed changes to the Fees and Charges Policy. This was accompanied by a draft Fees and Charges Policy with all proposed changes highlighted in the document.

At the deliberations meeting in May, Council considered the information received through the consultation process and provided direction to staff.  The final Fees and Charges Policy for adoption has been prepared based on the direction received (Attachment 1), which has incorporated Council’s key decisions outlined below.

2.1      Gravel Management Fees

The proposed change to the Gravel management fee did not proceed. As a result the charge has been incorporated into the policy at the current rate of $0.90/m3. It was noted that the continued gravel removal will have environmental benefits to the wider community through reduced risk of flooding and damage to community assets and infrastructure. 

2.2      Navigation Safety Bylaw Fees

The Schedule 7 Fees from the Navigation & Safety Bylaw 2017 have been reviewed and incorporated into the policy.

Following a final legal review, the title for the Commercial Navigation Safety Licence has been updated to Commercial Navigation Safety Licence (Commercial Approved Safety Plan). This is based on input from Maritime NZ and to align with both the current and proposed Navigation Safety Bylaw.

2.3      Compliance monitoring charges

The policy has been updated to reflect the proposed changes to some compliance categories and definitions for monitoring activities under the National Environmental Standards for Commercial Forestry (NESCF) and the National Environmental Standards for Freshwater (NESFW).

2.4      Reinstatement of current charges  

At the deliberations meeting Council approved that the policy be updated for the charges identified in the table below. 


 

 

Table 1

Type

Policy for adoption

(GST excl.)

Table 6: Administration charge

Standard charge

$150
($130.43)

Table 6: Administration charge

Multiple consents: additional charge per consent holder where separate invoicing and correspondence is required

$130
($113.04)

Table 10: Building Act Charges

Project Information Memorandum (PIM)

$165
($143.48)

Table 10: Building Act Charges

Dam valued over $100,000

$4,490

($3904.35)

 

3.        Considerations

3.1      Risks and Mitigations

Key risks: explain what is unknown and possible financial, health and safety, reputational or environmental impacts could be. Include proposed mitigations. Cover the full range of risks. Consider: Health and Safety, Stakeholder, Legal, Financial, Trade-offs, Timing, and Communications. See Guideline material for details.

Identify the risks that will occur if the above decision is agreed upon vs the risks involved if the above decision is not agreed.

Identify how these risks will be mitigated or minimised.

If unsure or there is any doubt regarding the level of risk, please discuss with your GM.

There are no significant risks associated with this policy.

 

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:

·   Is the initiative sensitive to climate (e.g. changes in rainfall, temperature, wind, sea-level)? If so, what are the likely impacts and how have they been accounted for?

·   In what way does the initiative relate to climate change (use the building block below to illustrate)?

·   Which of the guiding principles does the initiative encompass in relation to climate change (see the detailed guidance for information on these principles)? Provide more detail where appropriate.

Use the building block below when considering Climate Change implications.

Crtl + click for guideline material.

Fees and charges do not directly impact climate change, however they contribute to the funding of environmental policies.

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:

·    Are there any positive or negative effects on Māori (social, cultural or economic)?

·    What consultation/engagement has been undertaken with Māori and what form did it take? How did Māori contribute to this decision?

·    Does the issue require consideration of: iwi planning documents, Treaty settlement legislation or any other document expressing matters of importance to Māori?

Crtl + click for Guideline material.

Māori are both consent holders/applicants and kaitiaki. As consent holders or applicants they would generally be charged in the same way as other members of the community. There are delegations in place to remit charges, which may be considered for Māori where there are wider community outcomes or public benefits provided.

Resource Management Act charges support effective monitoring of our natural resources which is of significant interest to Māori. Future revenue through charges may be considered for use as a targeted contribution to support monitoring of cultural health indicators under our Mātauranga Māori Framework.

 

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.

Adobe Systems

CONSULT

Whakauiuia

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

 

Council has completed a special consultative procedure as required for RMA fees and charges. The consultation period ran alongside the LTP consultation process from 8 March to 9 April 2024.

A total of 20 submissions were received. These submissions were considered by Council and informed Council decisions at the deliberations meeting.

 

3.5      Financial Implications

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

-   Unbudgeted work during the current financial year?

-   Unbudgeted work for any of the years remaining in the current Long Term Plan?

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.

 

These recommendations fit within the allocated fees and charges budget in the draft LTP and are consistent with the draft Revenue and Financing Policy for the relevant activities.

 

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.

Following adoption at this meeting, the Fees and Charges Policy will be uploaded to Council’s website and used for 2024/25 invoicing. Feedback will be provided to all submitters following adoption of the policy and staff will respond directly to those submitters who have requested clarification.

 

Attachments

Attachment 1 - Fees and Charges Policy 2024  

 


Regional Council                                                                      26 June 2024

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Report To:

Regional Council

Meeting Date:

26 June 2024

Report Writer:

Gillian Payne, Principal Advisor; Jo Pellew, Rates Manager and Kumaren Perumal, Chief Financial Officer

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

This report presents updated versions of two Rates Remission and Postponement Policies for adoption, incorporating changes to implement Council’s deliberations decisions on 28 May 2024.

 

 

Adoption of Rates Remission Policies

 

Executive Summary

On 28 May 2024 Council considered public feedback received on the proposed changes to two draft policies on Rates Remission and Postponement, which were adopted for public consultation on 6 March 2024:

•   Draft Rates Remission and Postponement Policy for Māori Freehold Land

•   Draft Rates Remission and Postponement Policy - All Land

This report presents the updated versions of the policies for adoption, incorporating changes to implement Council decisions on 28 May 2024.

The new policies will take effect from 1 July 2024.

Following adoption, responses to submitters will be prepared and sent.  Affected ratepayers will be advised of the new policies and how to apply for remissions, where necessary.

 

 

Recommendations

That the Regional Council:

1       Receives the report, Adoption of Rates Remission Policies .

2       Notes that Council has consulted on the draft Rates Remission and Postponement Policy (All Land) and draft Rates Remission and Postponement Policy for Māori Freehold Land and has followed the Local Government Act 2002 section 82 Principles of Consultation, and section 83 Special Consultative Procedure, in preparing and consulting on the policies.

3       Adopts the following policies, effective from 1 July 2024:

(a)  Rates Remission and Postponement Policy - All Land, (Attachment 1).

(b)  Rates Remission and Postponement Policy for Māori Freehold Land, (Attachment 2).

4       Delegates to the Chief Executive the authority to make minor editorial changes, if necessary.

 

1.        Introduction

On 6 March 2024 Council proposed changes to its Policy on Rates Remission and Postponement, for public consultation by publishing a Statement of Proposal and two draft policies:

•   Draft Rates Remission and Postponement Policy for Māori Freehold Land (MFL Policy)

•   Draft Rates Remission and Postponement Policy - All Land (All Land Policy)

A key driver for developing these policies was to enable rates remission policies that would apply across the region, rather than relying on the policies of the respective local councils.

The submission period ran over a month starting on 8 March 2024 and a total of 50 submissions were received. On 28 May 2024 Council considered the public feedback received and staff recommendations and made decisions directing staff to make changes to the draft policies prepared for adoption.

 

1.1      Legislative Framework

Local Government Act 2002 (LGA) section 102(2)(e) requires Council to have a Rates Remission and Postponement Policy for Māori Freehold Land (RRPP-MFL), and to consult on a draft policy according to the requirements of LGA section 82. LGA section 102(3A) directs that the RRPP-MFL must support the principles set out in the Preamble to Te Ture Whenua Māori Act 1993. 

LGA section 102(3) enables Council to have a Rates Remission and Postponement Policy (All Land) (RRPP-AL) and requires Council to consult on any draft policy according to the requirements of LGA section 82. 

1.2      Alignment with Strategic Framework

 

A Healthy Environment

 

Freshwater for Life

 

Safe and Resilient Communities

 

A Vibrant Region

 

The Way We Work

We honour our obligations to Māori.

We continually seek opportunities to innovate and improve.

 

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

Low - Positive

The purpose of Local Government includes promoting the social, economic, environmental, and cultural well-being of communities in the present and for the future.

Identify which dominant Community Well-being(s) the project/proposal will affect.  Also indicate what level of impact and what effect the project/proposal will have on the relevant well-being(s).  For instance consider:

•  Will the project/proposal have a high, medium or low impact on the well-being(s)?

•  Are the effects of the impacts positive and/or negative? 

•  Describing simply the overall impact of the project/proposal.

•  Providing an explanation if there are positive and negative impacts for each well-being(s).

•  Identifying if your assessment of the actual or proposed impact is backed by evidence.

Also consider identifying if there are any relevant considerations against the Living Standards Framework.

Further guidelines available here.

 

2.        Implementation of deliberations decisions

During deliberations on 28 May 2024, Council considered the public feedback received and staff recommendations. 

Council confirmed its proposals for the All Land Policy so the policy presented for adoption (Attachment 1) is the same as the version adopted for consultation.

For the MFL Policy, Council largely confirmed the proposals, but directed some changes to be made in order to:

·     Provide eligibility for accommodation for Kaumātua, adjacent to marae and used for support of marae and culture, subject to validation from the Marae Trustees.

·     Enable recovery of actual and reasonable administration and financing costs incurred when rates postponement is used.

·     Clarify the considerations relating to remissions on Māori freehold land (MFL) for economic development and set a limit of six years on the period of any postponement of rates.

Changes made to the draft MFL Policy, to implement these decisions, are highlighted in yellow in Attachment 2.

3.        Considerations

3.1      Risks and Mitigations

Key risks: explain what is unknown and possible financial, health and safety, reputational or environmental impacts could be. Include proposed mitigations. Cover the full range of risks. Consider: Health and Safety, Stakeholder, Legal, Financial, Trade-offs, Timing, and Communications. See Guideline material for details.

Identify the risks that will occur if the above decision is agreed upon vs the risks involved if the above decision is not agreed.

Identify how these risks will be mitigated or minimised.

If unsure or there is any doubt regarding the level of risk, please discuss with your GM.

There are no significant risks associated with adopting these draft policies.

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:

·   Is the initiative sensitive to climate (e.g. changes in rainfall, temperature, wind, sea-level)? If so, what are the likely impacts and how have they been accounted for?

·   In what way does the initiative relate to climate change (use the building block below to illustrate)?

·   Which of the guiding principles does the initiative encompass in relation to climate change (see the detailed guidance for information on these principles)? Provide more detail where appropriate.

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:

·   Are there any positive or negative effects on Māori (social, cultural or economic)?

·   What consultation/engagement has been undertaken with Māori and what form did it take? How did Māori contribute to this decision?

·   Does the issue require consideration of: iwi planning documents, Treaty settlement legislation or any other document expressing matters of importance to Māori?

Crtl + click for Guideline material.

The RRPP-MFL is required in LGA section 102(3A) to support the principles set out in the Preamble to Te Ture Whenua Māori Act 1993.  Council took these principles into account during the development of both the draft RRPP-MFL and draft RRPP-AL policies, prior to consultation, and during deliberations on the feedback received.

Community engagement was designed to engage effectively with Māori, particularly with respect to the RRPP-MFL. 

 

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.

 

During the consultation period, Council representatives attending the draft Long Term Plan 2024-2034 engagement events also promoted the opportunity to comment on the rates remission policy proposals. 

In addition, the following targeted promotion of the proposals took place:

•   Email to 730 key owners and administrators of whenua Māori

•   Email or letter to 615 landowners currently receiving remissions for contiguous properties based on local council policies, over and above the legislative minimum

•   Email or letter to 83 sporting, community and not-for-profit organisations already receiving remissions under local council policies

•   Email to 37 owners of Priority Biodiversity Sites

•   Email to 22 organisations whose members would likely be interested in the proposals for Priority Biodiversity Sites and land use conversion to native forests or wetlands.

During this period rates staff responded to around 60 queries in relation to the consultation on rates remission policies.

 

3.5      Financial Implications

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

-   Unbudgeted work during the current financial year?

-   Unbudgeted work for any of the years remaining in the current Long Term Plan?

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.

 

 

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.

Following adoption, submitters will be advised of Council’s decisions on the Rates Remission and Postponement policies and the reasons for those decisions.

The new policies (noting the transition provision) will take effect from 1 July 2024. The policies will be posted on Council’s website, on the Policies page and the Rates pages. 

Following adoption of the Long Term Plan 2024-2034 and setting of rates for the 2024/25 financial year, letters will be sent to affected ratepayers.  The letters will inform ratepayers of the new policies, invite applications for remission where required and advise the timeframes for applications to be received. For the 2024/25 rating year, applications will be received up until 31 July 2024.

 

Attachments

Attachment 1 - Rates Remissions and Postponement Policy (All Land) - for adoption

Attachment 2 - Rates Remissions and Postponement Policy - MFL - for adoption  

 


Regional Council                                                                      26 June 2024

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Regional Council                                                                      26 June 2024

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Report To:

Regional Council

Meeting Date:

26 June 2024

Report Writer:

Mark Le Comte, Principal Advisor, Finance and Kumaren Perumal, Chief Financial Officer

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

For Council to adopt the Development Contributions or Financial Contributions Policy

 

 

Adoption of Development Contributions or Financial Contributions Policy

 

Executive Summary

Council consulted on the draft Development Contributions or Financial Contributions Policy (the Policy) alongside the Long Term Plan 2024-2034. Council received one submission on the Policy and deliberated on this at the 28 May 2024 Council Meeting.

 

Recommendations

That the Regional Council:

1       Receives the report, Adoption of Development Contributions or Financial Contributions Policy.

2       Adopts the Development Contributions or Financial Contributions Policy (Attachment 1).

 

 

1.        Introduction

Council has consulted on the draft Development Contributions or Financial Contributions Policy (the Policy) in conjunction with consultation on the draft Long Term Plan 2024-2034.

Council received one submission on the Policy. This submission related to Development Contributions, which can only be charged by Territorial Authorities not Regional Councils. At the deliberations meeting on 28 May 2024, Council directed staff to prepare the Policy for adoption without any changes.

1.1      Legislative Framework

Council is required to adopt a policy on Development Contributions or Financial Contributions in accordance with the Local Government Act s102 (2) (d). Council can only set Financial Contributions, as Development Contributions can only be set by Territorial Authorities.

 

1.2      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

 

Financial Contributions may be considered when they are empowered under regional plans.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

¨ Cultural

 

¨ Social

 

¨ Economic

 

 

Financial Contributions, when required, are one way to protect the environment.

 

2.        Considerations

2.1      Risks and Mitigations

There are no significant risks associated with this matter/subject/project/initiative.

2.2      Climate Change

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

 

2.3      Implications for Māori

There are no significant impacts for Māori as a result of adopting the Policy. The Policy outlines the requirement to support the principles set in the Preamble to the Te Ture Whenua Māori Act, which will be considered as part of making/setting/amending rules for Financial Contributions and as part of assessing any Financial Contributions.

2.4      Community Engagement

 

Adobe Systems

CONSULT

Whakauiuia

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

 

Public consultation on the draft Policy has been completed.

 

2.5      Financial Implications

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

-   Unbudgeted work during the current financial year?

-   Unbudgeted work for any of the years remaining in the current Long Term Plan?

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.

3.        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.

The adopted Development Contributions or Financial Contributions Policy will be published on Council’s website. The submitter will be contacted and informed of the process that has been followed.

Attachments

Attachment 1 - Development Contributions or Financial Contributions Policy - draft for adoption  

 


Regional Council                                                                      26 June 2024

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Report To:

Regional Council

Meeting Date:

26 June 2024

Report Writer:

Mark Le Comte, Principal Advisor, Finance; Kumaren Perumal, Chief Financial Officer and Jo Pellew, Rates Manager

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

For Council to set rates for the 2024/25 financial year.

 

 

Setting Rates for 2024/2025

 

Executive Summary

This purpose of this report is to recommend the setting of rates, due dates for the payment of rates and authorise penalties for 2024/25 in accordance with sections 23, 24, 57 and 58 of the Local Government (Rating) Act 2002 (LG(R)A).

The report sets out:

·       The general and targeted rates Council will set for 2024/25;

·       The due date for the payment of rates and authorisation of penalties;

·       The appointment of the Kawerau District Council, Ōpōtiki District Council, Rotorua Lakes Council, Western Bay of Plenty District Council, Taupō District Council and Whakatāne District Council to collect the rates assessed by Bay of Plenty Regional Council for the years prior to and including 2021/22 in accordance with section 53 of the LG(R)A.

 

Recommendations

 

That the Regional Council:

1       Receives the report, Setting Rates for 2024/2025.

2       Notes that Council’s consultation on the Long Term Plan 2024-2034, which used the special consultative procedure, included the funding impact statement as part of the supporting documentation. 

3       Confirms that the amounts of the rates specified in the rate tables of the resolutions below, for the financial year 1 July 2024 to 30 June 2025, includes Council’s Goods and Services Tax component.

4       Confirms that the rates for the financial year 1 July 2024 to 30 June 2025 are set and assessed in accordance with the Local Government (Rating) Act 2002, as follows.

5       Sets a general rate based on land value, calculated as a rate in the dollar of the rateable land value of each rateable rating unit in the region. The general rate is set in accordance with Section 13 of the Local Government (Rating) Act. The rate in the dollar is different according to the location of the land within each district and city constituency as land values are equalised. The general rate is set as follows:

6       Sets a uniform annual general charge as a fixed amount per rating unit on all rateable land in the region. The uniform annual general charge is set in accordance with Section 15 of the Local Government (Rating) Act as follows:

7       Sets targeted rates for the Kaituna Catchment Control Scheme. The targeted rates are set differentially in accordance with Sections 16, 17 and 18 of the Local Government (Rating) Act 2002 for all rateable land situated in the Kaituna Catchment Control Scheme area within the Tauranga, Western Bay of Plenty and Rotorua constituent districts. The categories of rateable land have been defined based on where the land is situated.

         

                            The two targeted rates are set as follows:

(i)        Where the land is situated, and calculated using the area of land of each rating category within the rating unit,

(ii)       Where the land is situated and calculated as a fixed amount based on the rating category within which the rating unit is situated.

 

8       Sets a targeted rate for the Rangitāiki-Tarawera Rivers Scheme. The targeted rate is set differentially in accordance with Sections 16, 17 and 18 of the Local Government (Rating) Act 2002 for all rateable land situated in the Rangitāiki-Tarawera Rivers Scheme catchment within the Whakatāne, Kawerau, Rotorua and Taupō constituent districts.

                           

The targeted rate is set based on where the land is situated, and calculated using the area of land of each rating category within the rating unit as follows:

 

9       Sets targeted rates for the Whakatāne-Tauranga Rivers Scheme. The targeted rates are set differentially in accordance with Sections 16, 17 and 18 of the Local Government (Rating) Act 2002 for all rateable land situated in the Whakatane-Tauranga Rivers Scheme catchment within the Whakatane constituent district. The categories of rateable land have been defined based on where the land is situated.

The two targeted rates are set as follows;

(i)        Where the land is situated, and calculated using the area of land of each rating category within the rating unit,

(ii)       Where the land is situated and calculated as a fixed amount based on the rating category within which the rating unit is situated.

 

10     Sets targeted rates for the Waioeka-Otara Rivers Scheme. The targeted rates are set differentially in accordance with Sections 16, 17 and 18 of the Local Government (Rating) Act 2002 for all rateable land situated in the Waioeka-Otara Rivers Scheme catchment within the Opotiki constituent district. The categories of rateable land have been defined based on where the land is situated.

The two targeted rates are set as follows;

(i)        Where the land is situated, and calculated using the area of land of each rating category within the rating unit,

(ii)       Where the land is situated and calculated as a fixed amount based on the rating category within which the rating unit is situated.

 

11     Sets a targeted rate for the Rangitāiki Drainage Rating Area. The targeted rate is set differentially in accordance with Sections 16, 17 and 18 of the Local Government (Rating) Act for all rateable land situated in the defined Rangitāiki Drainage Rating Area situated on the Rangitāiki Plains within the Whakatāne constituent district. 

The targeted rate is set based on where the land is situated, and calculated using the area of land of each rating category within the rating unit as follows:

 

12     Sets a targeted rate for Passenger Transport. The targeted rate is set differentially in accordance with Sections 16, 17 and 18 of the Local Government (Rating) Act as an amount per rating unit on all rateable properties within the defined boundaries of Tauranga City, Urban Rotorua, Western Bay District and Whakatāne District.  

The passenger transport targeted rate is set based on where the rateable unit is situated as follows:

13     Sets a targeted rate for the Rotorua Lakes Programme. The targeted rate is set differentially in accordance with Sections 16, 17 and 18 of the Local Government (Rating) Act as an amount per rating unit on all rateable properties within the Rotorua constituent district.  

The Rotorua Lakes programme targeted rate is set based on the area of land within the rating unit as follows.

14     Sets a targeted rate for Rotorua Air Clean Heat Conversion. The targeted rate is set differentially in accordance with Section 16, 17 and 18 of the Local Government (Rating) Act as an amount per rating unit within the defined boundary of Rotorua Air shed area who have received loans from the Regional Council for installing cleaner heat alternatives.  

The Rotorua Air Clean Heat Conversion targeted rate is set as follows:

 

15     Sets a targeted rate for Civil Defence Emergency Management. The targeted rate is set differentially in accordance with Section 16, 17 and 18 of the Local Government (Rating) Act based on where the rating unit is situated as an amount per rating unit on all rateable properties within the Kawerau, Ōpōtiki, Rotorua, Tauranga, Western Bay of Plenty and Whakatāne constituent districts.  

The Civil Defence Emergency Management targeted rate is set as follows:

 

16     Sets a targeted rate for Regional Safety and Rescue Services. The targeted rate is set differentially in accordance with Section 16, 17 and 18 of the Local Government (Rating) Act based on where a rating unit is situated as an amount per rating unit on all rateable properties within the Kawerau, Ōpōtiki, Rotorua, Tauranga, Western Bay of Plenty and Whakatāne constituent districts.  

The regional safety and rescue service targeted rate is set as follows:

 

17     Sets targeted rates for the Minor River and Drainage Schemes. The targeted rates are set differentially in accordance with Section 16, 17 and 18 of the Local Government (Rating) Act for all rateable land situated in the defined communal pumped drainage and defined minor river and drainage schemes areas.

The Council sets one targeted rate for each scheme based on where the land is situated and calculated using the area of land within the rating unit as follows:

Ōpōtiki

 

Rangitāiki Plains

18     Sets targeted rates uniformly in accordance with Sections 16, 17 and 18 of the Local Government (Rating) Act 2002 for all rateable land situated in the defined drainage and defined Minor River and Drainage Schemes areas.

The targeted rates are set as based on where the land is situated and calculated using the land area within the rating unit as follows:

 

19     Sets the due date for all rates for the 2024/25 rating year as 20 October 2024.

20     Sets the following penalties regime for all rates

(i)   Pursuant to sections 57 and 58(1)(a) of the Local Government (Rating) Act 2002, with respect to rates assessed in respect of the 2024/25 year, a penalty of 10% will be added to the amount of the rates that has been assessed after 1 July 2024 and which is unpaid after the due date set out in section 19. The penalty will be added on the penalty date of 31 October 2024.

21     Sets the following additional penalties regime for past years’ rates:

(i)   Pursuant to sections 57 and 58(1)(b) of the Local Government (Rating) Act 2002, with respect to rates assessed between 1 July 2022 and 1 July 2024, a penalty of 10% will be added on any rates that remain unpaid on 1 July 2024. The penalty will be added on 8 July 2024.

(ii)  Pursuant to sections 57 and 58(1)(b) of the Local Government (Rating) Act 2002, with respect to rates assessed before 1 July 2022, for rating units in Tauranga City, a penalty of 10% will be added on any rates that remain unpaid on 1 July 2024. The penalty will be added on 8 July 2024.

(iii) Pursuant to sections 57 and 58(1)(b) of the Local Government (Rating) Act 2002, with respect to rates assessed before 1 July 2022, for the Minor River and Drainage Schemes identified in recommendations 17 and 19, a penalty of 10% will be added on any rates that remain unpaid on 1 July 2024. The penalty will be added on 8 July 2024.

(iv) Pursuant to sections 57 and 58(1)(c) of the Local Government (Rating) Act 2002, a further penalty of 10% will be added on any rates to which a penalty has been added under (i), (ii) or (iii) if the rates remain unpaid six months after the previous penalty was added on 8 July 2024. The penalty will be added on 9 January 2025.

22     Appoints in accordance with section 53 of the Local Government (Rating) Act 2002 the constituent district and city councils of the Bay of Plenty region, i.e. Kawerau District Council, Ōpōtiki District Council, Rotorua District Council, Taupō District Council, Western Bay of Plenty District Council and Whakatāne District Council, to collect the rates assessed by Bay of Plenty Regional Council for the years prior to and including 2021/22 which remain unpaid, excluding rates for the Minor River and Drainage Schemes as identified in recommendations 17 and 18.

23     Sets the following additional penalties regime for rates to be collected under recommendation 22;

(i)   Pursuant to sections 57 and 58(1)(b) of the Local Government (Rating) Act 2002, with respect to rates assessed before 1 July 2022, a penalty of 10% for all areas in the table below other than the Kawerau District and 3% for the Kawerau District will be added to any rates unpaid on 1 July 2023. The penalty will be added on the date shown below.

 

District

Penalty Application Date

Kawerau

4 July 2024

Rotorua

5 July 2024

Western Bay of Plenty

3 July 2024

Whakatāne

1 October 2024

 

(ii)  Pursuant to sections 57 and 58(1)(c) of the Local Government (Rating) Act 2002, with respect to rates assessed before 1 July 2022, a further penalty of 10% for Rotorua District and Western Bay of Plenty District, and 3% for the Kawerau District will be added on any rates to which a penalty has been added under recommendation 23(i) if the rates remain unpaid six months after the previous penalty was added. The penalty will be added on the date shown below. 

The respective additional penalty dates are as follows;

 

District

Penalty Application Date

Kawerau

6 January 2025

Rotorua

10 January 2025

Western Bay of Plenty

6 January 2025

 

 

1.        Introduction

As required by the Local Government Act 2002 (LGA), the Bay of Plenty Regional Council (Council) has prepared and consulted on its Draft Long Term Plan 2024-2034 (LTP).  This involved a series of Council workshops and meetings in 2023 and the first half of 2024, consultation using the special consultative procedure, public hearings of submissions made by the community and a meeting on 28 May 2024 to deliberate on all LTP matters.

 

1.1      Legislative Framework

The rates set out in this paper, and recorded in the above recommendations, are in accordance with the adopted Revenue and Financing Policy and Funding Impact Statement, as required by section 23 of the LG(R)A. 

A resolution is required to set the rates, due dates and penalties regime for the 2024/25 financial year. This report has been checked and independently reviewed by Council’s external legal advisor.

 

1.2      Alignment with Strategic Framework

 

A Healthy Environment

 

Freshwater for Life

 

Safe and Resilient Communities

 

A Vibrant Region

 

The Way We Work

We deliver value to our ratepayers and our customers.

The setting of rates allows Council to fund the work required to deliver the Community Outcomes. Rates are set in line with the Revenue and Financing Policy which apportions the cost of services based on the requirements of section 101 of the LGA.

 

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

 

¨ Cultural

 

¨ Social

 

¨ Economic

 

 

The setting of rates allows the Council to fund the work required to deliver the Community Outcomes and directly and indirectly supports the achievement of all well-beings under the LGA.

 

 

2.        Setting Rates for 2024/25 Financial Year

Throughout the LTP process, the Council has considered options for the level of service provided and amount of expenditure and revenue. This included options for rates revenue, fees and charges, dividend income and other revenue sources; and the indicative level of rates to be set.

During the deliberations meeting on 28 May 2024, Council considered the options available to it and decided on the appropriate amount of rates revenue required. The proposed rates are set to at a level that will achieve the amount of revenue that the Council has decided is appropriate.

2.1      Options 

At this point, the Council has two main options:

Option A is to set the rates as set out in this paper and above recommendations.

Option B is to not set the rates. 

Option A allows the Council to proceed with assessing and collecting the rates, which will generate sufficient revenue for it to and carry out the activities set out in the LTP.  Staff consider there are no disadvantages with Option A. 

Option B would require the Council to reconsider the rates that it wants to set, and this could potentially affect its adoption of the LTP and implementation of the work programme for the 2024/25 financial year.  If the rates were to change, this would require amendments to the Revenue and Financing Policy, and Funding Impact Statement. If those changes are material, further consultation would likely be required.  Staff consider there are no advantages with Option B. 

Recommended option

Staff recommend adopting Option A, and setting the rates to align with the Council’s LTP decisions.

3.        Considerations

3.1      Risks and Mitigations

Council is required to set rates in accordance with the relevant provisions of the local authority’s LTP and funding impact statement for that financial year. Council has completed the legal requirements for the 2024/25 financial year of the LTP. In addition, this report has been checked and independently reviewed by Council’s external legal advisor. Staff consider there is a low level of legal risk in setting rates as recommended.

 

 

3.2      Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts. Rates are a source of funding for the Council’s work and initiatives in relation to Climate Change.

3.3      Implications for Māori

The Rates setting paper has taken into account obligations and responsibilities to Māori in accordance with sections 23, 24, 57 and 58 of the LG(R)A. The LTP process has taken into account obligations to Māori including, but not limited to, the contribution to decision-making processes by Māori under section 81 of the LGA and the principles in parts 2 and 6 of the LGA.

The Council’s Rates Remission Policy includes specific remissions for Māori Freehold Land. These remissions for Māori Freehold Land were developed following consideration of the matters in Schedule 11 the LGA and support the principles set out in Preamble to the Te Ture Whenua Maori Act 1993. The Revenue and Financing Policy, Development Contributions or Financial Contributions Policy and Rates Remissions Policies also support the principles set out in Preamble to the Te Ture Whenua Maori Act 1993.

 

 

3.4      Community Engagement

 

The Council has completed consultation on the LTP including reading all submissions, hearing from submitters that chose to present verbally, and deliberating on the matters raised.

 

3.5      Financial Implications

 

There are no material unbudgeted financial implications and this fits within the allocated budget if the rates are set as recommended.

 

4.        Next Steps

Following confirmation of the setting of rates, due dates for the payment of rates and authorisation of penalties for 2024/25, staff will provide information for inclusion in the rates assessment and rates invoice for 2024/25.

The rates resolution will be published on Council’s website.

 

 


 

 

 

Report To:

Regional Council

Meeting Date:

26 June 2024

Report Authoriser:

Doug Leeder

 

 

Chairperson's Report

 

Executive Summary

Since the preparation of the previous Chairperson’s Report for the Council meeting on 9 May 2024, 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

1 May

Meeting with Western Bay of Plenty District Council Mayor James Denyer and Chief Executive John Holyoake – Tauranga

Discussed proposed Regional Park. 

Project Rerewhakaaitu Annual General Meeting – Rotorua

As the keynote speaker, I spoke about topical matters for BOPRC that farmers in this area may be interested in.

2 May

Te Tumu Landowners Group Presentation to BOPRC Councillors – Tauranga

An update on Te Tumu provided.

3 May

Bay of Plenty Mayoral Forum including Ministerial visit by Local Government and Transport Minister Hon Simeon Brown – Rotorua

Minister Brown provided an update and responded to questions on Local Water Done Well/Water Services, Transport/Roading, City/Regional Deals and Māori Wards Legislative Changes (only very briefly).

Key messaging included increased efficiencies within the public sector and developing/applying financing tools that could be utilised at a national, regional and local level.

He was supported by MP Tom Rutherford and MP Andy Foster.

The Forum also had a workshop on Local Water Done Well.

7 May

Meeting with Te Rūnanga O Ngāti Manawa – Whakatāne 

Initial meeting on Te Mana Whakahono a Rohe agreement.

9 May

Meeting with Whakatāne District Council Mayor Victor Luca and Councillors – Whakatāne

Discussed the Whakatāne Boat Harbour and Edgecumbe 2017 Flood Class Action.

13 May

Select Committee Hearing on the Fast Track Approvals Bill - Videoconference

Spoke to BOPRC’s submissions on the Bill.

Meeting between the regional sector and pastoral primary sector organisations – Videoconference

Discussed the possibility and merits of  joint advice to Ministers on RMA Freshwater Policy and Farms Plans.

21 May

Breakfast meeting with Tauranga City Council Commissioner Chair Anne Tolley and Western Bay of Plenty District Council Mayor James Denyer - Tauranga

Discussed topical matters.

24 May

Port of Tauranga Limited Board Meeting – Hamilton

Included a site tour of Ruakura Inland Port.

27 May

SmartGrowth Leadership Group Extraordinary Meeting, and

BOPRC Meeting to Adopt the draft SmartGrowth Strategy – Tauranga

Meetings to facilitate the adoption of the SmartGrowth Strategy.

4 June

Justice Select Committee Hearing on the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill – Videoconference

BOPRC spoke to our submissions on this Bill.

5 June

Farewell event with Tauranga City Council Commissioners, Western Bay of Plenty Mayor and elected members and the respective Chief Executives – Tauranga

Attended.

6 June

Minister of Biosecurity and Food Safety and Associate Minister of Agriculture and Environment Hon Andrew Hoggard’s visit to the Bay of Plenty - Various

Minister Hoggard visited various locations in the region and met with farmers and stakeholders across a range of areas.

Bay of Plenty Agriculture Advisory Committee – Te Puke

Minister Hoggard also in attendance.

7 June

1XX Radio Interview – Telephone

Discussed BOPRC’s response to boost in flood protection funding, how it will affect local projects and an update on Project Futureproof in Whakatāne.

Informal Catch-up with Member of Parliament for East Coast Dana Kirkpatrick – Whakatāne

Attended.

14 June

Meeting with Northland Regional Council Chair Geoff Crawford and Auckland Council Mayor Wayne Brown - Auckland

Discussed various topics. Our respective CEOs were also in attendance.

16 June

Coast Care 30-year Celebration – Ōhope

A planting event followed by a presentation and recognition to volunteers.

 

 

 

 

Report To:

Regional Council

Meeting Date:

26 June 2024

Report Writer:

Niki Carling, Senior Transport Planner

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

To request adoption of the Bay of Plenty Regional Land Transport Plan on behalf of the Regional Transport Committee

 

 

Adoption of the 2024-2034 Bay of Plenty Regional Land Transport Plan

 

Executive Summary

After a year and a half of development, the final draft Bay of Plenty Regional Land Transport Plan 2024 – 2034 (RLTP) has been endorsed by the Regional Transport Committee (RTC) and is now ready for Council adoption.  The final RLTP must be submitted to the NZ Transport Agency Waka Kotahi (NZTA) by 1 August 2024.

A robust process has been followed to develop the strategic framework that underpins the RLTP and the prioritised transport programme, and the RLTP meets all relevant statutory requirements. The RLTP was developed in conjunction with the Regional Advisory Group – technical officers from local councils and NZTA. 

Public consultation, using a Special Consultative Procedure, was undertaken from 23 February to 24 March 2024.  A total of 133 submissions and approximately 238 individual submission points were received.  Twenty-two people presented to the RTC at hearings held in Tauranga, Rotorua and Whakatāne.  At the Deliberations Meeting on 7 May 2024, the RTC considered the submissions and the recommendations to submission points made by staff and endorsed changes to the RLTP.  The RTC endorsed the final RLTP on 22 May 2024 (Attachment 1).

This report summarises:

·   The legislative requirements for producing this RLTP and its compliance with the legislation;

·   The work undertaken to produce the RLTP; and

·   Key highlights of the RLTP.

 

 

Recommendations

That the Regional Council:

1       Receives the report, Adoption of the 2024-2034 Bay of Plenty Regional Land Transport Plan ;

2       Adopts the 2024-2034 Bay of Plenty Regional Land Transport Plan, including the prioritised programme of significant activities, for the purpose of submission to the New Zealand Transport Agency Waka Kotahi, based on Regional Transport Committee endorsement (Attachment 1);

3       Agrees that final corrections (limited to grammatical / typographical errors and necessary updates to financial information) before document submission can be delegated to the Director, Public Transport.

 

1.        Introduction

Regional Land Transport Plans (RLTPs) set the strategic direction for the development of regional land transport systems, including recommended transport activities for investment by local government and by central government from the National Land Transport Fund (NLTF).

The RLTP identifies key transport issues and challenges, and sets transport objectives, policies and measures.  It also identifies proposed projects that will deliver on the region’s transport priorities, including a prioritised list of ‘regionally significant’ land transport activities, i.e., those over $2m. 

1.1      Legislative Framework

1.1.1    Approval Requirement

The Land Transport Management Act 2003 (LTMA) requires regional councils to ensure that the Regional Transport Committee (RTC) prepares a Regional Land Transport Plan (RLTP).

Before an RTC submits an RLTP, it must be satisfied that the Plan:

a)   Contributes to the purpose of the LTMA;

b)  Is consistent with the Government Policy Statement on land transport (GPS);

c)   Has considered alternative regional land transport objectives that would contribute to the purpose of the Act;

d)  Has considered the feasibility and affordability of those alternative objectives;

e)   Has taken into account any national energy efficiency and conservation strategy;

f)   Aligns with relevant national policy statements and relevant regional policy statements or plans; and

g)  Has taken into account any likely funding from other sources.

Once an RLTP is lodged with regional council, the council may decide to:

a)    Approve the RLTP without modification; or

b)   Refer the RLTP back to the RTC with a request for the Committee to reconsider one or more aspects of the Plan.

1.1.2    Structure and Content

Section 16 of the LTMA requires that an RLTP sets out the region’s land transport objectives, policies and measures.  Furthermore, an RLTP must include:

a)   A statement of transport priorities for the region;

b)  Financial forecast of anticipated revenue and expenditure on activities;

c)   All regionally significant expenditure on land transport activities to be funded from sources other than the national land transport fund; and

d)  An identification of those activities (if any) that have inter-regional significance.

1.1.3    Statutory Requirements

Appendix 2 in the final draft document sets out how the RLTP meets the requirements of the LTMA (see Attachment 1).

1.2      Alignment with Strategic Framework

The RLTP supports the following Community Outcomes in the current Strategic Framework:

A healthy environment

We develop and implement regional plans and policy to protect our natural environment.

Safe and resilient communities

We work with communities and others to consider long term views of natural hazard risks through our regional plans and policies.

A vibrant region

We lead regional transport strategy and system planning, working with others to deliver a safe and reliable public transport system.

The way we work

We look to partnerships for best outcomes.

It also supports the following Community Outcomes proposed in the draft Long Term Plan 2024-2034:

A healthy environment

We maintain and enhance our physical environment and natural ecosystems for our communities and future generations. We support others to do the same.

Future ready communities

Our work in the Bay of Plenty guides and supports improved resilience to natural hazards and an equitable and sustainable transition to a low emissions future

Connected communities

We help provide connected and sustainable communities

The pursuit of excellence

Partnering with tangata whenua and community towards a prosperous and equitable regional future

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

þ Cultural

Medium - Positive

þ Social

High - Positive

þ Economic

High - Positive

Environmental – RLTP Obj 2. ‘The environmental effects, including emissions, arising from the use of the transport system are minimised.’ Programme includes consideration of low-carbon transport options, and prioritised active transport and public transport activities.

Cultural – RLTP Obj 3. ‘Communities have access to an inclusive, equitable and reliable transport system that provides them with a range of travel choices to meet their social, economic, health and cultural needs.’ Inclusive access policies include recognising and providing for Māori land use and development aspirations.

Social – RLTP Obj 3. ‘Communities have access to an inclusive, equitable and reliable transport system that provides them with a range of travel choices to meet their social, economic, health and cultural needs.’  And Obj 6. ‘The transport system supports access to land for housing growth, and creates connectivity between places where people live, work, learn and play.’ And Obj 1. ‘Deaths and serious injuries are minimised on the region’s transport system.’

Economic – RLTP Obj 4. ‘The transport system enables people and goods to move efficiently and reliably to, from and throughout the region.’ And Obj 5. ‘Resilience issues in the transport system have been proactively identified and actioned so that the region can respond to, adapt, and rapidly recover from unplanned events and hazards.’ Prioritised activities show a strong emphasis on tackling congestion and improving the reliability of the freight system.  A number of resilience projects are identified, especially in NZTA’s State Highways Improvement Programme.

2.        RLTP Work Undertaken

Production of the RLTP commenced in December 2022, and in the main concludes with the adoption of the document at this meeting.  However, staff acknowledge that there may be further minor corrections and updates to financial information required before the Plan is submitted to NZTA, thus noted in Recommendation 3.  This is due to territorial authorities (TAs) being at different stages with the finalisation of their LTP processes and budgets.

The following table summarises the key work that has been undertaken to produce the RLTP:

Date

Key Work

3 February 2023

RTC briefing on RLTP requirements/process.

9 March 2023

RTC endorses high-level strategic approach.

5 May 2023

RTC Strategy Workshop 1. Members provide input and feedback on vision, objectives, headline targets and Investment Logic Map (ILM) to support developing the strategic framework.

15 June 2023

RTC endorses the elements of the RLTP Strategic Framework from Strategy Workshop 1.

4 August 2023

RTC Strategy Workshop 2. Members provide input and feedback on the 10-year investment priorities.

31 August 2023

RTC endorses the elements of the RLTP Strategic Framework from Strategy Workshop 2 and approves process for prioritisation, as recommended by the RAG (Regional Advisory Group of technical officers from local councils and NZTA).

August – October 2024

RAG member organisations decide which activities to fund, including finding local share in their LTPs.  Activities submitted in NZTA’s TIO (Transport Investment Online) system.

RAG members score their own ‘significant activities’ (i.e. those over $2 million in total value) against RTC transport investment priorities.

17 November 2020

RAG workshop to moderate scores across all activities to produce confirmed regional prioritised list.

15 December 2023

RTC workshop to discuss the draft RLTP document and confirm order of prioritised list of significant activities.  Agreement not reached on prioritised list – rescheduled for early 2024.

9 February 2024

RTC workshop endorses draft prioritised list of significant activities prepared by RAG using transport priority framework.

RTC meeting approves draft RLTP for consultation, draft statement of proposal and consultation approach.

‘Whole of RTC’ appointed to hearings/ deliberations.

23 February – 24 March 2024

Public consultation undertaken (Special Consultative Procedure).  Engagement events held across the rohe. A total of 133 submissions with over 238 individual points of feedback is received.

10-12 April 2024

Hearings held in Tauranga, Rotorua and Whakatāne, with presentations by 22 people.

7 May 2024

RTC Deliberations Meeting considers staff proposed changes to the draft RLTP, in response to the submissions. 

22 May 2024

RTC endorses the final draft RLTP, and the prioritised programme of significant activities, for submission to the Regional Council meeting on 5 June.

3.        RLTP Key Highlights

3.1      Vision

The agreed RLTP vision adopted by the RTC is:

“Our transport system meets the needs of our diverse communities, our environment and our economy.”

3.2      Objectives and Targets

The RLTP objectives were developed by the RTC from the Ministry of Transport (MoT) Transport Outcomes Framework. The RTC elected to include an additional objective 6 relating to ‘enabling housing.’

RLTP Objective

Headline Target

MoT Transport Outcome

Objective 1: Deaths and serious injuries are minimised on the region’s transport system

40% reduction in deaths and serious injuries, from 2020 levels, by 2030, on the region’s road network

Healthy and safe people

Objective 2: The environmental effects, including emissions, arising from the use of the transport system are minimised

Reduce carbon emissions from road transport by 41% between 2019 and 2025, on the path to net carbon zero by 2050

Environmental sustainability

Objective 3: Communities have access to an inclusive, equitable and reliable transport system that provides them with a range of travel choices to meet their social, economic, health and cultural needs

Double the region’s mode share for public transport and active modes combined by 2030

Inclusive access

Objective 4: The transport system enables people and goods to move efficiently and reliably to, from and throughout the region

Maintain or improve travel time predictability for freight movements on the primary freight network (road and rail) interpeak (between 9am and 4pm)

Economic prosperity

Objective 5: Resilience issues in the transport system have been proactively identified and actioned so that the region can respond to, adapt, and rapidly recover from unplanned events and hazards

Reduce the number of unplanned closures on the region’s state highway network by 20% between 2018 and 2030

Resilience and security

Objective 6: The transport system supports access to land for housing growth, and creates connectivity between places where people live, work, learn and play

Increase the number of new dwellings enabled by each significant activity in the RLTP

Economic prosperity

3.3      Strategic Priorities

The RLTP identifies the following strategic transport priorities for investment:

3.3.1    Government Policy Statement on land transport 2024

The draft Government Policy Statement on land transport 2024 (GPS) was released while consultation on the RLTP was underway.  It sets the Government’s priorities for land transport investment over the next 10-years and also sets out how money from the NLTF is spent on ‘activities’ such as public transport, state highway improvements, local roads, etc.  The four strategic priorities in the draft GPS are:

-      Economic growth and productivity

-      Increased maintenance and resilience

-      Safety

-      Value for money

Section 14(a)(ii) of the LTMA states that RLTPs must be consistent with the GPS. 

The RLTP has been written to reflect the regional transport priorities in the Bay of Plenty. It shows strong alignment with the priorities in the draft GPS, and also reflects additional objectives prioritised by the RTC.  Further to the release of the GPS, greater emphasis has been placed on ‘value for money’ as a priority and narrative is included on funding constraints and the need to consider alternative funding to address the infrastructure gap. It is the view of staff and the RTC that the RLTP is consistent with the direction of the draft GPS.

3.4      Proposed Investment Programme

The proposed investment programme is approximately $2.3 billion over the next three financial years, a 77% increase over the $1.3 billion requested for 2021-2024. 

The following graph summarises the breakdown by NLTF activity class.

Final funding decisions are made by NZTA as part of the National Land Transport Programme (NLTP) which will be published in September 2024.  Given the financial pressures being experienced by NZTA, it is anticipated that actual NLTP funding allocations may be substantially lower than the proposed $2.3 billion of investment.

3.5      Further Information

The final draft RLTP is attached to this report.  The prioritised list of significant activities is set out in Table 5.12 of this Plan.

4.        Considerations

4.1      Risks and Mitigations

The primary recommendation in this report is to adopt the 2024-2034 Bay of Plenty Regional Land Transport Plan, including the prioritised programme of significant activities, for the purpose of submission to NZTA.  The main risk relating to non-adoption of the RLTP at this Council meeting will be that of failing to meet the NZTA submission date of 1 August 2024.

4.2      Climate Change

The RLTP 2024 provides opportunities for both mitigation of the effects of climate change, through greenhouse gas reduction, and adaptation of the transport system to the ongoing effects of climate change, specifically:

·       The RLTP 2024 Challenges include ‘Vulnerability to both severe weather events and longer-term climate change-related events.’

·       Resilience is identified as a Problem Statement – ‘Poor resilience of the transport network is negatively impacting its functionality and efficiency’, which is addressed by the Transport Priority/Strategic Response – ‘Building resilience into the transport system by strengthening essential connections, improving access to alternative routes, and delivering robust maintenance plans.’

·       Objective 5 is ‘Resilience issues in the transport system have been proactively identified and actioned so that the region can respond to, adapt, and rapidly recover from unplanned events and hazards.’

·       The Prioritised Regionally Significant Activities include several activities identified as ‘Resilience and Security’ projects.  Resilience activities are also included in RCAs’ maintenance programmes.

·       The Resilience & Security headline target is – ‘Reduce the number of unplanned closures on the region’s state highway network by 20% between 2018 and 2030.’

4.3      Implications for Māori

The development of the RLTP sets out the region’s proposed land transport programme and seeks funding for activities included. Therefore, the RLTP has a range of impacts on Māori and Council partnerships with Māori. It is vital that the formulation of the RLTP considers and reflects Māori aspirations. The RTC has engaged with Māori through consultation processes, including requests for iwi submissions, and via the provision of information through targeted engagement. It is also recommended that the RTC continues to engage with both iwi and hapū as part of its on-going work programme, in addition to the engagement that will occur on a project-by-project basis, to continue to identify and respond to impacts on Māori of any land transport activities.

4.4      Community Engagement

Adobe Systems

CONSULT

Whakauiuia

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

 

Public consultation on the RLTP was undertaken between 23 February and 24 March 2024, using the Local Government Act (s.83) Special Consultative Procedure. A total of 133 submissions were received. 22 organisations and individuals presented submissions to the Committee at regional hearings on 10 - 12 April 2024, either in person or by Zoom.

A communication campaign focused primarily on newspapers and social media.  Advertisements were placed in:

-     BoP Times

-     Rotorua Daily Post

-     Katikati Advertiser

-     Te Puke Times

-     Hauraki Coromandel Post

-     Whakatāne Beacon

-     Ōpōtiki News

-     Weekend Sun

Facebook paid advertising had a reach of 731,706, with 2,283 clicks and 126 views.  Facebook organic posts reached 16,887, with 125 clicks and 96 views.

Information was also placed in the Participate newsletter, Komiti Māori e-pānui newsletter, Around the Rohe and Around the Eastern Bay and sent out to existing LTP stakeholder lists.

The Participate consultation webpage was visited by 2,384 visitors, with 440 downloads of the draft Plan. 

Staff engaged with the community at face-to-face events, in some instances leveraging off organised Long Term Plan consultation events:

-     Ōpōtiki Library 28/2

-     Ōmokoroa Night Market – 1/3

-     Rotorua Night Market – 7/3

-     Rangitaiki River Festival – 16/3

-     Bayfair Shopping Centre – 16/3

4.5      Financial Implications

The development of the RLTP has been undertaken within the current budget for the Transport Planning Activity in the regional council’s Long-Term Plan 2021-2031.

RLTPs effectively bridge the gap between local and regional investment and the NLTP. Before a project can be considered for funding through the NLTF, it must first be included in an adopted RLTP.

The activities included in the RLTP are looking for subsidised funding from NZTA. This subsidy is contingent on the provision of a ‘local share’ contribution by the local or regional council. The NLTF contribution, the Funding Assistance Rate (FAR), is 51% for BOPRC. This means that BOPRC needs to find 41% of the cost of the activities it has put forward to the RLTP through its long term planning process.

 

 

5.        Next Steps

·     Regional Council adopts RLTP (26 June 2024).

·     Submission of RLTP to Waka Kotahi for its consideration for funding and inclusion in the National Land Transport Programme (1 August 2024).

·     Publication of National Land Transport Plan by Waka Kotahi (September 2024).

·     Update and deliver the RLTP work programme (ongoing).

 

Attachments

Supporting Document 1 - Final 2024-2034 Bay of Plenty Regional Land Transport Plan  

 


Regional Council                                                                      26 June 2024

 

Item 9.10

Supporting Document 1

Final 2024-2034 Bay of Plenty Regional Land Transport Plan


 

 

 

Report To:

Regional Council

Meeting Date:

26 June 2024

Report Writer:

Margaret Courtney, Senior Advisor

Report Authoriser:

Kataraina O'Brien, General Manager, Strategic Engagement

Purpose:

To seek Council approval to procure services to support the delivery of Ko Wai Matōu project

 

 

Ko Wai Matōu Project - The Catalyst Group

 

Executive Summary

Toi Moana is the contract and fund holder of Te Mana o Te Wai funding from the Ministry for Environment. This funding is to support the delivery of the Ko Wai Matōu project, a project that builds the capacity and capability of hapū of Tauranga Moana in freshwater management.

The project is now at a stage where the project team wishes to onboard the contractors to implement the project activities associated with each koawa. To do this, The Catalyst Group (Catalyst) will be procured directly to provide the services.

Catalyst are environmental consultants that specialises in a range of activities from policy, planning, through to organisational improvement and strategic evaluation. As well as central and local government, they also work alongside community, iwi and hapū.

As the value of the project exceeds staff financial delegation Council approval is needed to approve direct appointment of Catalyst and authorise the Chief Executive to sign the contract for service to support the delivery of the project.

 

Recommendations

That the Regional Council:

1       Receives the report, Ko Wai Matōu Project - The Catalyst Group .

2       Accepts the procurement plan with The Catalyst Group for the project on behalf of the Ko Wai Matōu project team.

3       Delegates to the Chief Executive the ability to sign the contract for services with The Catalyst Group including any variations and approve payments.

1.        Introduction

In 2023 Te Mana o Te Wai funding from the Ministry for Environment was secured by the three iwi of Tauranga Moana, Ngāi Te Rangi, Ngāti Ranginui and Ngāti Pūkenga to deliver a practical, on the ground project that builds the capacity and capability of hapū to participate in freshwater management. The project is operationalised by the ‘Ko Wai Matōu’ project team. The value of the funding is $1,963,174.  Toi Moana have a role as interim fund holder on behalf of the Iwi.

On the 9th of August 2023 Councillors approved the approach to the financial and administration arrangements for the Ko Wai Matōu project and delegated to the Chief Executive the signing of the Funding Agreement between Bay of Plenty Regional Council and the Ministry for Environment, and the signing of a Memorandum of Understanding between Bay of Plenty Regional Council as contract holder and the three Tauranga Moana iwi. MfE agreed that Council could act as the interim contract holder of the grant funds. This arrangement will continue until such time as a legal entity is established by the Tauranga Māori iwi. All responsibilities of the contract will then novate to that entity.

The project is now at a stage where the project team wishes to onboard the hapū contractors to implement the project activities associated with each koawa. To do this, The Catalyst Group (Catalyst) will be procured directly to provide the services necessary to efficiently onboard the hapū teams and provide project support.

This report seeks a decision to accept the procurement plan, and delegate authority to the Chief Executive to sign the contract for services. As the value of the contract exceeds staff delegation, Council approval is sought. Catalyst is an environmental consultancy firm who has a current working relationship with the project team.

This report provides the following information:

1.   Overview of current arrangements with the Catalyst Group

2.   Proposed procurement and contracting approach (including attached Procurement Plan).

3.   Project update including update on Project Steering Group.

1.1      Alignment with Strategic Framework

 

A Healthy Environment

We work cohesively with volunteers and others, to sustainably manage and improve our natural resources.

Freshwater for Life

We collaborate with others to maintain and improve our water resource for future generations.

Safe and Resilient Communities

 

A Vibrant Region

We work with and connect the right people to create a prosperous region and economy.

The Way We Work

We look to partnerships for best outcomes.

The Ko Wai Matōu projects aligns with Council’s Strategic Framework. This project provides hapū across the three iwi the opportunity to build their capacity and capability in freshwater management. It is a ‘by Māori for Māori’ approach and provides an opportunity for Council to assist iwi and hapū in Tauranga Moana. The project activities will also help to inform Council’s Essential Freshwater Policy Programme. The inclusion of Catalyst to assist with delivery contributes to an existing relationship with the project team and with Toi Moana, Bay of Plenty Regional Council.   

1.1.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

High - Positive

¨ Cultural

High - Positive

¨ Social

Medium - Positive

¨ Economic

Low - Positive

 

The Ko Wai Matōu project has a positive impact on community well-being. The upskilling of hapū to be trained in freshwater management, including monitoring and analysis enables the hapū involved to identify the baseline states and relevant indicators based on their traditional knowledge systems combined with western science. The project outcomes will contribute to the ongoing work to improve the health and wellbeing of each of the koawa that are part of the project. The project team has also developed a relationship with Te Kura Kaupapa o Mauao which enables ongoing rangatahi involvement.

 

2.        Ko Wai Matōu – The Catalyst Group

2.1      Overview of current arrangements with the Catalyst Group

2.1.1    The Project Team and the Catalyst Group

The Ko Wai Matōu project lead is Ms Piatarihi Bennett, who commenced in September 2023 following signing of the MfE agreement.

Catalyst are environmental consultants who provide extensive services to a cross section of organisations and industries including central and local government, NGOs and the private sector throughout the country. Their services extend from planning and policy advice through to organisational improvement and strategic evaluation. Toi Moana has also procured their services in the past and they are a trusted supplier.

To initiate the Ko Wai Matōu project and with the intent that the MfE contract and funding would move to a new legal entity, it was not practical for Council to contract or employ the project team. These roles have already been predetermined by iwi and had formed the basis of the contract agreement with MfE. Therefore, to recruit the individuals concerned, direct appointment of Catalyst enabled the individuals identified to carry out key project roles particularly during the initiation phase of the project. A BOPRC framework agreement to the value of $195,000 was approved between Toi Moana and Catalyst. The project team was onboarded, and Catalyst has provided the team with ongoing administrative and HR support. This contract will end on 30 June 2024. 

2.2      Procurement plan and proposed contract for service with the Catalyst Group

The project is now at a stage where full project coverage and resourcing is required as per the MfE contract. This is to enable the “on the ground’ project activities to be implemented.

Toi Moana seeks to directly appoint Catalyst for the reasons set out in the attached procurement plan including:

1.   The current relationship between Catalyst and the project team is working well.

2.   Catalyst has the required knowledge of the project that no one else has. 

3.   Catalyst has well established connections across organisations and sectors, that the project could benefit from.

The risk of direct appointment of Catalyst is mitigated by the contract and project structure and management including:

1.   The funding and project are overseen by MfE to ensure delivery.

2.   Catalyst is a commercially mature contractor able to manage contracts well.

3.   Favourable rates have been secured better than market rates.

4.   There is no similar provider able to do the work.

As the value of the contract for service in total (including initiation costs) is up to a maximum of $1.6m, we seek Council acceptance of the procurement plan and delegation to the Chief Executive to sign the contract for service including any variations and approve payments.

2.3      Project Update

The project team have completed all activities required to initiate the project. This included the setup of all systems, processes, and protocols necessary for project delivery, procurement of essential equipment and resources, developing work programmes, project and communication plans, training schedules, health and safety processes for work in and around water, and timetabling of wananga to be delivered during 2024 with whānau. One of the highlights in the first quarter was engagement with Te Wharekura o Mauao where kaiako (teachers) and tauira (students) participated in two water sampling events, along with a visit to Matakana Island. It is of upmost importance to the project team that this connection continues as a pathway for future kaitiaki leaders of Tauranga Moana.

The Project Steering Group has been established and have met three times since the project’s inception. Councillor Matemoana McDonald is the Toi Moana member on the group, she sits alongside iwi representatives from Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga.

Two reports have been submitted to MfE as per contract deliverables.

 

3.        Considerations

3.1      Risks and Mitigations

There are no significant risks associated with this matter. The direct appointment of Catalyst is mitigated by the contract, the project structure and management. The project and contract are overseen by MfE. 

3.2      Climate Change

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

 

3.3      Implications for Māori

The Ko Wai Matōu project is an important project for Tauranga Moana. The outcomes of this project will be far reaching in terms of hapu leading and being trained to undertake the ‘on the ground’ requirements of this project. It aims to build their capacity and capability, as well as draw from their knowledge systems. It is important for iwi Māori to participate effectively in freshwater management and into the future. The project outcomes will also help to inform Council planning and policy work.

Our support of this project as contract and fund holder demonstrate commitment by Council to the new community outcome, Te Ara Poutama.  It touches upon Te Ara Poutama goals, in terms of how we can support Māori to achieve their aspirations for freshwater, capacity and capability building of hapū and their participation in operational activities. It also demonstrates ways where Council can partner with Māori to enhance delivery and shared decision-making.  

 

3.4      Community Engagement

 

Adobe Systems

EMPOWER

Whakamanahia

To place final decision-making in the hands of affected communities.

 

This project is a for ‘Māori by Māori’ approach to freshwater management by uplifting the skills and abilities of hapū to care for their koawa and be effective kaitiaki. It will have wider benefits for the community in terms of how all parts of the community can contribute to the care of freshwater considering the expanding population in Tauranga Moana.

 

3.5      Financial Implications

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

-   Unbudgeted work during the current financial year?

-   Unbudgeted work for any of the years remaining in the current Long Term Plan?

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.  The Ko Wai Matōu budget has been funded through MFE.

 

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.

Following Council approval this meeting, staff will finalise a general services agreement.

Attachments

Attachment 1 - Signed The Catalyst Group Procurement Plan  

 


Regional Council                                                                      26 June 2024

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Report To:

Regional Council

Meeting Date:

26 June 2024

Report Writer:

Simon Bell, Transport Systems Team Leader

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

Request for contract renewal of three existing services

 

 

Extension of Operator contracts: Northern Corridor, Waihī (Route 85) and Rotorua

 

Executive Summary

Three bus operator contracts for the following services are expiring in the 2024 calendar year:

·     Tauranga Northern operated by Uzabus ended 4 February 2024

·     Waihī Town Connector service operated by Kiwi Kabs currently ending 30 June 2024.

·     Rotorua, operated by Ritchies currently ending 30 June 2024.

An additional two-year contract extension for these services will allow for continued provision of public transport on affected routes while staff undertake an end-to-end procurement programme across the whole network.

This paper seeks approval to extend the contracts for a further two years.

This expenditure is budgeted in the Annual Plan 2023 – 2024 and the draft Long-Term Plan 2024-2034.

 

Recommendations

That the Regional Council:

1       Receives the report, Extension of Operator contracts: Northern Corridor, Waihī (Route 85) and Rotorua.

2       Approves the extension of the three contracts as outlined in Section 2. of this report.

3       Notes that associated funding has been included in the Annual Plan 2023 – 2024 and the draft Long-Term Plan 2024-2034.

4       Approves the procurement plan to extend the contracts with existing suppliers.

5       Delegates to the Chief Executive the ability to sign the contracts for services with Ritchies, Uzabus and Kiwi Kabs including any variations and approve payments.

 

1.        Introduction

The bus service contracts noted above expire in the 2024 and the Bay of Plenty Regional Council (BOPRC) is seeking approval from Council to extend them for additional periods. The two key reasons for seeking these extensions are:

·     Current uncertainty and change in the national public transport operating environment.

·     The need for BOPRC to complete a review of its Transport Activities Procurement Strategy and clarify its position on a number of strategic issues likely to have impacts on the future procurement of services.

The affected services are:

Tauranga Northern consists of route 80 and 81 between Katikati, Ōmokoroa and Tauranga. The original contract expired on 30 January 2024.

Waihī Town Connector (Route 85) provides a critical link between Waihī, Waihī Beach and Katikati, in a continuous loop two days per week. The existing contract is due to expire on 30 June 2024

Rotorua Urban consists of 11 routes covering Rotorua and the nearby settlement of Ngongotahā. Weekly services also operate between Rotorua and Murapara and Ruatahua. The existing contract is due to expire on 30 June 2024.

Each of these services provide important connections to customers and staff recommend that they are continued.

These established services provide key public transport connections within the Bay of Plenty region.

The table below shows the patronage for the affected services for the for the 12 months ending 31 March 2024:

Service

Total Patronage (2023/24)

Rotorua Urban

463,959

Tauranga Northern

25,456

Waihī Town Connector

1,196

 

 

1.1      Legislative Framework

Regional Councils are responsible for funding and contracting public transport services under Part 5 of the Land Transport Management Act 2003 (LTMA)

1.2      Alignment with Strategic Framework

 

A Vibrant Region

We lead regional transport strategy and system planning, working with others to deliver a safe and reliable public transport system.

The Way We Work

We deliver value to our ratepayers and our customers.

The three contracts referred to in this paper are budgeted for in the Annual Plan 2023 – 2024 and the draft Long-Term Plan 2024-2034.  

These contracts deliver services that provide an important connector for our communities. The benefits provided include those that relate to employment, education, health, and social connectivity.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

 

¨ Cultural

 

þ Social

Medium - Positive

þ Economic

Medium - Positive

 

·       The provision of these services promotes the social, cultural, economic, health and environmental wellbeing of our communities.

·       The utilisation of these services directly impacts positively on congestion on our roadways and overall carbon emissions, particularly at peak periods.

 

2.        Reasons for seeking to extend existing contracts

NZTA Waka Kotahi has agreed to extend the funding for these services for the additional periods for two key reasons:

·     Current uncertainty and change in the national public transport operating environment.

·     The need for Bay of Plenty Regional Council staff to complete a review of the Transport Activities Procurement Strategy and clarify its position on a number of strategic issues likely to have impacts on the future procurement of services.

Staff acknowledge that continuing to seek extensions to existing contracts is not a sustainable long-term situation. The BOPRC Procurement Strategy review aims to address this issue, while providing a mechanism for some clearer, longer-term thinking on a number of strategic issues with implications for future procurement processes (including potential changes to national policy direction).

An additional two-year contract extension for these services will allow for continued provision of public transport on affected routes while staff undertake an end-to-end procurement programme across the whole region.

In addition, a refreshed Rotorua network has been planned with input from the incumbent operator. Ideally, the Rotorua network refresh would be delivered in conjunction with this operator and allowed sufficient time to bed-in before a new procurement process was initiated.

3.        Considerations

3.1      Risks and Mitigations

There are no significant risks associated with this matter/subject/project/initiative.

If the contracts are not extended there is a risk to the ongoing provision of the affected services.

 

3.2      Climate Change

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

 

3.3      Implications for Māori

These services provide an important connector between regional centres for the wider community including Māori. The benefits provided include those that relate to employment, education, health as well as cultural and social connectivity.

 

3.4      Community Engagement

 

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

 

The decisions sought in this paper support a continuation of services currently administered by the Regional Council. For this reason, no community consultation or engagement has been undertaken relating to this matter.

Should future changes be made to the provision of services, including significant changes to routes, community engagement would be undertaken, most likely following direction from the Public Transport Committee.

3.5      Financial Implications

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

-   Unbudgeted work during the current financial year?

-   Unbudgeted work for any of the years remaining in the current Long Term Plan?

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.

 

Budget has been included in the Annual Plan 2023-2024 for Tauranga Northern, Waihī Town Connector and the Rotorua Urban bus services.

These budgets continue over the ten-year plan, increasing with inflation.

The cost, net of fees and charges and other revenue, is funded 51% from NZTA Waka Kotahi as part of the continuous programme. The remainder is funded from Rates.

There are no material unbudgeted financial implications and this fits within the respective and allocated budgets. The contract costs in the table below are disclosed gross, before the application of NZTA Waka Kotahi funding.

Bus Contract

Annual Plan

2023/24

Long Term Plan

2024/25

Long Term Plan

2025/26

Budget

Budget

Budget

Tauranga Northern

$647,005

$675,869

$705,966

Waihī Town connector

$65,000

$70,046

$74,223

Rotorua Urban Services

$5,000,018

$5,237,000

$5,428,000

3.5.1    Current Budget Implications

This work is being undertaken within the current respective budgets for the Passenger Transport Activity in the Annual Plan 2023/24.

3.5.2    Future Budget Implications

Council’s 2024/34 Draft Long Term Plan does contain specific budgeted expenditure for Tauranga Northern, Waihī Town Connector and Rotorua Urban services respectively, increasing with inflation each year.

 

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.

Subject to approval by the Regional Council, staff will work to extend the three contracts discussed in this paper, for a period of 24 months.

 

Attachments

Attachment 1 - Rotorua Urban Services - BOPRC Contract Variation Request

Attachment 2 - Tauranga Northern Service (Katikati and Omokoroa Bus Service) - BOPRC Contract Vartiation Request

Attachment 3 - Route 85 Town Connector -  BOPRC Contract Variation Request  

 


Regional Council                                                                      26 June 2024

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Regional Council                                                                      26 June 2024

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Regional Council                                                                      26 June 2024

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Report To:

Regional Council

Meeting Date:

26 June 2024

Report Writer:

Rhianon Lewis, Executive Assistant - General Manager

Report Authoriser:

Reuben Fraser, General Manager, Regulatory Services

Purpose:

To appoint an Acting Chief Executive

 

 

Acting Chief Executive

 

Executive Summary

This report requests Council to appoint an Acting Chief Executive during a period of planned leave.

 

Recommendations

That the Regional Council:

1       Receives the report, Acting Chief Executive.

 

2       Appoints Reuben Francis Fraser, General Manager Regulatory Services, as Acting Chief Executive for the period 27 June 2024 to 21 July 2024 (inclusive), during a period of leave for the Chief Executive.

 

1.        Introduction

The Chief Executive is taking leave and wishes to appoint a designated Acting Chief Executive during this time.

 

1.1      Alignment with Strategic Framework

The matters addressed in this report are of a procedural nature.

 

2.        Leave Period

Chief Executive Fiona McTavish will be on leave from Thursday 27 June 2024 through to Sunday 21 July 2024 (inclusive). This report seeks Council approval for an Acting Chief Executive for that period of time.

It is recommended that Reuben Fraser, General Manager Regulatory Services, is appointed as Acting Chief Executive for the period from 27 June 2024 to 21 July 2024 (inclusive).

3.        Considerations

3.1      Risks and Mitigations

The matters addressed in this report are of a procedural nature.

 

3.2      Climate Change

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

3.3      Implications for Māori

The matters addressed in this report are of a procedural nature.

3.4      Community Engagement

The matters addressed in this report are of a procedural nature.

3.5      Financial Implications

The matters addressed in this report are of a procedural nature. There are no material unbudgeted financial implications and this fits within the allocated budget.

4.        Next Steps

The matters addressed in this report are of a procedural nature.