Regional Council

Open Minutes

Commencing:             Wednesday 26 June 2024, 09:32 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 Malcolm Campbell

Cr Stuart Crosby

Cr Toi Kai Rākau Iti

Cr Matemoana McDonald

Cr Kat Macmillan

Cr Ron Scott

Cr Paula Thompson (via Zoom)

Cr Lyall Thurston

Cr Andrew von Dadelszen

Cr Te Taru White

Cr Kevin Winters

Cr Ken Shirley (via Zoom)

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; Karen Aspey – General Manager, People and Capability; Kumaren Perumal – Chief Financial Officer; Ange Foster – Communications and Engagement Manager; Steve Groom – Governance Manager; Mark Le Comte – Principal Advisor, Finance; Oliver Haycock – Director, Public Transport; Margaret Courtney - Senior Advisor (via Zoom); Claudia Cameron – Committee Advisor

Audit NZ: Leon Pieterse and Warren Goslett.

Apologies:                  Cr Ken Shirley (for possible intermittent attendance due to unstable technology connectivity)

 

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 Ken Shirley, for intermittent attendance due to unstable technology connectivity, tendered at the meeting.

Thurston/von Dadelszen

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 5.4 – Long Term Plan 2024-2034 - Adoption. 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 9.4 on the agenda, and in particular in 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 specifically on recommendation 6(b)(i) on Agenda Item 9.4, which pertains to the adoption of the Financial Strategy contained within the Long Term Plan, including the Council’s decisions on Quayside’s shareholding in Port of Tauranga Limited. 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 5.4 – Long Term Plan 2024-2034 - Adoption, 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.

4.     Minutes

Minutes to be Confirmed

4.1

Regional Council Minutes - 9 May 2024

Matters arising:

Minute Item 6.3 - A brief update was provided regarding the representation review project.

 

Resolved

That the Regional Council:

1          Confirms the Regional Council Minutes - 9 May 2024 as a true and correct record.

White/Winters

CARRIED

 

4.2

Regional Council Minutes - 27 May 2024

 

Resolved

That the Regional Council:

1          Confirms the Regional Council Minutes - 27 May 2024 as a true and correct record.

Nees/Winters

CARRIED

 

4.3

Regional Council Minutes - 28 May 2024

 

Resolved

That the Regional Council:

1          Confirms the Regional Council Minutes - 28 May 2024 as a true and correct record.

Leeder/Iti

CARRIED

 

4.4

Extraordinary Regional Council Minutes - 11 June 2024

 

Resolved

That the Regional Council:

1          Confirms the Extraordinary Regional Council Minutes - 11 June 2024 as a true and correct record.

Leeder/Thurston

CARRIED

5.     Reports

Decisions Required

5.1

Adoption of Revenue and Financing Policy

Presented by:     Kumaren Perumal - Chief Financial Officer and Ange Foster – Communications and Engagement Manager

9.40 am – Cr Ken Shirley entered the meeting.

Key Points:

·       This report incorporated feedback provided as part of the deliberations.

In Response to Questions:

·       Confirmed delegations to the Chief Executive applied to the Acting Chief Executive

·       Assured members that the current Revenue and Financing Policy provided enough flexibility to fund the NZ Transport Agency Waka Kotahi funding shortfall from reserves.

 

Resolved

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.

Crosby/Thurston

CARRIED

 

5.2

Adoption of the updated Significance and Engagement Policy

Presented by:     Kumaren Perumal - Chief Financial Officer and Ange Foster – Communications and Engagement Manager

Key Points:

·       Outlined the amendment to policy in response to discissions at deliberations.

In Response to Questions:

·       Editorial changes were able to be made in response to today’s comments.

Key Points - Members:

·       Considered additional wording was required to further clarify that more information was required, and a number of subsequent council considerations and decisions were to be made, prior to any share sales could or would be made by Quayside Holdings Ltd

·       With respect to new text on page 87 of the report and page 95 of the policy, further wording was needed to clarify that further information was required and a number of subsequent council considerations and decisions were required before any share sales could or would be made by Quayside.

 

Resolved

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.

von Dadelszen/Scott

CARRIED

 

5.3

Long Term Plan 2024-2034 - Strategic Framework

Presented by:     Kumaren Perumal - Chief Financial Officer and Ange Foster – Communications and Engagement Manager

Key Points:

·       Provided output of deliberations and discussions at the 28 May deliberations meeting. Report summarised two changes directed to be changed in Strategic Framework by Council:

o   Connected Communities outcome to be renamed to “Connected and Enabled Communities”; and

o   New goal 11 to be included in framework

Key Points - Members:

·       Under goal seven, nature-based solution, requested that a bullet point regarding rivers be included as this was a significant part of our nature-based solutions work.

·       Requested that under goal eight of Connected and Enabled Communities school services be added as a significant contributor to this goal.

 

 

Resolved

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.

Macmillan/Iti

CARRIED

 

5.4

Long Term Plan 2024-2034 - Adoption

Presented by:     Kumaren Perumal - Chief Financial Officer, Ange Foster – Communications and Engagement Manager, Leon Pieterse (Audit NZ) and Warren Goslett (Audit NZ)

Please refer to the Declarations of Conflicts of Interest listed at the beginning of these minutes.  

Key Points:

·       Noted addendum 1 and 2, which related to climate change additional disclosures, and changes to NZ Transport Agency Waka Kotahi funding as advised in their letter to Council of 6 June 2024.

·       Office of the Auditor General had considered both and directed Audit NZ to work with Councils to incorporate the changes into their Long Term Plans (LTP).

·       With regards to the NZ Transport Agency Waka Kotahi funding, their letter of 6 June meant that the amount of subsidy funding in the LTP had been reduced, resulting in a material variance. Changes had been made to accommodate the change in the budget leading to a $5 million drawdown of reserves over first three years of the LTP.  This would reduce the shortfall to an amount below the threshold for audit materiality, which had been agreed with Audit NZ.

·       There were no impacts to any of the rating categories. A table of detailed implications of changes was included. No prudential benchmarks had been impacted in terms of meeting their limits. Council had a balanced budget for all 10 years of LTP having taken into account these changes.

·       Audit NZ confirmed that they were comfortable with the changes and issued a clean audit opinion. Audit New Zealand noted the constructive and proactive working relationship with Council staff. This responsive approach from staff was a key contributor to Audit being comfortable issuing a clean audit opinion.

 

9.52 am – Cr Shirley withdrew from the meeting.

9.53 am – Cr Shirley entered the meeting.

In Response to Questions:

·       The changes did not preclude changes to the Level of Services; however, the changes outlined related to funding only. Councillors could still consider in-year changes for year one.

·       Not all Councils treated the issue of NZ Transport Agency Waka Kotahi funding in the same way. For some, this would mean that they received a qualified audit opinion.

·       With regards to using the reserve fund from targeted rates, subsequent Annual Plan processes could look at, and consult on, public transport options, including reconsidering service levels and fare structures.  

·       “Before the Deluge” pending announcement: no further information on this potential funding was available at this stage, awaiting confirmation on how funding would be distributed to Councils

·       Funding for the Ohau wall was included in year two, but could be brought forward. An engineering advisory group had already been set up to repair the wall, funded through the LTP.

·       Councillors asked to see proposed responses to submitters to the LTP. All submitters would receive a response outlining how submissions were considered in the development of the final LTP.  Responses were expected to be out by the end of July, and these would be shared with Councillors beforehand.

Key Points - Members:

·       Noted a potential new park in Rotorua. This would be added to a section into parks asset management plan.

·       Thanked Audit NZ for the timely manner in providing audit opinion – acknowledged pragmatic approach, and constructive working relationship.

·       Thanked staff for the significant amount of work that has gone into the adoption of the Long Term Plan.

 

 

Resolved

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          Receives the Tabled Documents Addendum one and two to the Long Term Plan 2024-2034 - Adoption Report and adopts the Long Term Plan 2024 – 2034, including addendum one and two, 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.

Winters/Macmillan

CARRIED

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

 

5.5

Adoption of Fees and Charges Policy

Presented by:     Kumaren Perumal - Chief Financial Officer and Ange Foster – Communications and Engagement Manager

Key Points:

·       Summarised changes to the fees and charges policy in line with direction from deliberations

 

In Response to Questions:

·       Regarding navigation safety fees, it was noted  that there was a process underway to review the bylaws. Any changes recommended by the Bay of Plenty Navigation Safety Bylaws Review Hearings Panel would be considered during the next annual plan.

 

 

Resolved

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.

Crosby/von Dadelszen

CARRIED

 

5.6

Adoption of Rates Remission Policies

Presented by:     Kumaren Perumal - Chief Financial Officer and Ange Foster – Communications and Engagement Manager

Key Points:

·       Drew attention to section 2, which set out what had been implemented following direction of deliberations meeting

 

 

Resolved

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.

Iti/Macmillan

CARRIED

 

5.7

Adoption of Development Contributions or Financial Contributions Policy

Presented by:     Kumaren Perumal - Chief Financial Officer and Ange Foster – Communications and Engagement Manager

Key Points:

·       Noted that one submission was considered as part of deliberations with no substantive changes made to the policy.

 

 

Resolved

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).

Crosby/von Dadelszen

CARRIED

 

5.8

Setting Rates for 2024/2025

Presented by:     Kumaren Perumal - Chief Financial Officer, Ange Foster – Communications and Engagement Manager and Mark Le Comte - Principal Advisor, Finance

In Response to Questions:

·       The collection of rates from 2021/22 year in the Executive Summary of the report related to uncollected rates from prior financial years, which needed to be reflected until they were resolved or collected.

·       Clarification around the cumulative effect of the targeted rate in Rotorua Lakes dropping from 50 percent to zero over three years from 2025/26 would be provided to Councillors and clearly communicated to affected households.

 

 

Resolved

That the Regional Council:

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

1          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;

2          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;

3          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;

4          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:

5          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:

6          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:

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

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

 

7          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:

8          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;

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

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

9          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;

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

(b)  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 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:

11       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:

12       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.

13       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:

14       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:

15       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:

16       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

17       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:

18       Sets the due date for all rates for the 2024/25 rating year as 20 October 2024;

19       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.

20       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.

21       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.

22       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 2024. 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

Winters/Thurston

CARRIED

 

5.9

Chairperson's Report

Presented by:     Chair Leeder

 

Resolved

That the Regional Council:

1          Receives the report, Chairperson's Report.

Leeder/White

CARRIED

 

5.10

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

Presented by:    Oliver Haycock – Director, Public Transport

Key Points:

·       Councillor Thurston, as Chair of Regional Transport Committee, outlined the process to produce the plan and the challenges throughout. Plan needed to be with NZTA by 1 August 2024.

·       Noted the focus on the Western Bay of Plenty.

·       Acknowledged Elected Members, staff and stakeholders for their contributions.

In Response to Questions:

·       Confirmed that this plan included contributions from the recently announced ‘pothole recovery fund’, and all other national funding streams.

·       With regards to the emissions reductions target in objective two and whether it was realistic , it was noted that it was important to be able to track progress against ambitious targets.  

Key Points - Members:

·       Members acknowledged the work of Councillor Thurston in leading this work.

·       Members noted vast improvements of quality of State Highway 2 between Opotiki and Gisborne.

 

Resolved

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;

4          Congratulates BOPRC staff and staff from across the region, past and present, for their contribution to this piece of work.

Thurston/Scott

CARRIED

 

5.11

Ko Wai Matōu Project - The Catalyst Group

Presented by:    Margaret Courtney – Senior Advisor  (via Zoom)

In Response to Questions:

·       $195,000 funding had been confirmed for the framework agreement was funded by the Ministry for the Environment (MfE).

·       The funding difference between the grant and contract amount was to be used for the framework agreement and other ancillary costs, including health and safety training and other minor matters.

 

 

Resolved

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.

McDonald/Macmillan

CARRIED

 

5.12

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

Presented by:    Oliver Haycock – Director, Public Transport

Key Points:

·       Proposed contract extensions were to recognise the change of government and to give adequate time to get contracts right through this change.

·       Detailed reasons for each contract extension was outlined.

 

In Response to Questions:

·       Provided clarification that the current resolution with regards to the Northern Service formalised the extension to 30 June 2026 (as opposed to February 2026).

 

 

Resolved

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.

von Dadelszen/Thurston

CARRIED

 

5.13

Acting Chief Executive

In Response to Questions:

·       The Chief Executive confirmed that only one General Manager would be taking a week’s leave over July, so there would be good coverage in the Chief Executive’s absence.

 

 

Resolved

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.

von Dadelszen/Nees

CARRIED

 

6.     Public Excluded Section

Resolved

Resolution to exclude the public

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

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

6.1

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.

6.2

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.

Leeder/Thurston

CARRIED

 

7.     Closing Karakia

A karakia was provided by Cr Te Taru white.

 

10:35 am – the meeting closed.

 

 

Confirmed                                                                                                                                          

                                                                                                                         Chairman Doug Leeder

Chairperson, Regional Council