Under Separate Cover Agenda of Bay of Plenty Regional Navigation Safety Bylaws Review Committee


Item not on the Agenda
Pūrongo Ki: Report To:	Bay of Plenty Regional Navigation Safety Bylaws Review Committee
Rā Hui: Meeting Date:	29 August 2024
Kaituhi Pūrongo: Report Writer:	Toni Briggs, Senior Project Manager
Kaiwhakamana Pūrongo: Report Authoriser:	Reuben Fraser, General Manager, Regulatory Services
Kaupapa: Purpose:	To provide procedural information on revoking a resolution and replacing it with an alternative.

Review of Resolution 12 in the Bay of Plenty Navigation Safety Bylaws Review 30 July 2024 Deliberations Minutes.

Whakarāpopototanga
Executive Summary

At the Bay of Plenty Regional Navigation Safety Bylaws Review Committee meeting of 29 August 2024, the Committee discussed their dissatisfaction with the outcome on Hunters Creek/Otapu.

Further discussion focused on whether there were any immediate solutions around the non-resolution of this.

Staff provide information in this report that supports further review of the Hunters Creek/Otapu ski area in the near future rather than waiting until the next formal review.

The Hunter’s Creek/Otapu issue requires a more robust consultative process and a more concerted effort to try to find, together with tangata whenua, a solution that would suit everybody.

The Regional Council’s Standing Orders process dictates that in order to revoke the original Deliberations (12) resolution that Regional Council would “need to make a determination on this issue”, the Committee must follow the Standing Orders 24 Revocation or alteration of resolutions process.

Ngā tūtohutanga
Recommendations

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

1 Receives the report, Review of Resolution 12 in the Bay of Plenty Navigation Safety Bylaws Review 30 July 2024 Deliberations Minutes;

2 Agrees to revoke resolution 12 from the 30 July 2024 Deliberations minutes being “12. Notes that the Committee was unable to reach consensus or a 75% majority to make a recommendation on Hunters Creek/Otapu ski area, with the effect that Regional Council will need to make a determination on this issue”;

3 Directs staff to retain status quo for the Hunters Creek/Otapu ski area in the Bay of Plenty Regional Navigation Safety Bylaws 2024;

4 Recommends to Council that the Navigation Safety Bylaws Review Committee be re-established in the near future to undertake further review and consultation on the Hunters Creek/Otapu ski area.

1. Kupu Whakataki
Introduction

At the Bay of Plenty Regional Navigation Safety Bylaws Review Committee meeting of 29 August 2024, the Committee discussed their dissatisfaction with the outcome on Hunters Creek/Otapu; and discussed the proposition of undertaking a more in-depth review of the navigation safety management of the Hunters Creek/Otapu area.

Staff undertook background analysis of the Standing Orders and best practice procedure, to determine the best way to substitute the original resolution at Deliberations with a new recommendation around further review.

2. Revocation of Resolution 12

Procedurally, the Committee can revoke the Deliberations Meeting resolution (12) around Hunters Creek/Otapu and provide a new recommendation to Council under the Regional Council Standing Orders:

Bay of Plenty Regional Council – Standing Orders

24 Revocation or alteration of resolutions

24.6 Revocation or alteration by recommendation in report

The local authority, on a recommendation in a report by the Chairperson, Chief Executive, or any subordinate decision-making body may revoke or alter all or part of a resolution passed by a previous meeting. The Chief Executive must give at least two clear working days’ notice of any meeting that will consider a revocation or alteration recommendation.

(Clause 30 (6) Schedule 7, LGA 2002).

3. New recommendation to Council

In order to complete the current Bylaws Review process, the Committee can still recommend the adoption of the Bylaws with the Hunters Creek/Otapu Ski area in place. This can be an interim measure whilst the Committee undertakes a further, in-depth review and consultation process on Hunters Creek/Otapu.

The Committee could further recommend the re-establishment of the Navigation Safety Bylaws Review Committee in the near future with new Terms of Reference with the intention of undertaking a more in-depth review of Hunters Creek/Otapu.

4. Ngā Whakaarohanga
Considerations

4.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

This report is procedural in nature.

4.2 Huringa Āhuarangi
Climate Change

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

4.3 Ngā Pānga ki te Māori
Implications for Māori

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

4.4 Whakawhitiwhiti ā-Hapori
Community Engagement

The matters addressed in this report are of a procedural nature and there is no need to engage with the community.

4.5 Ngā Pānga ā-Pūtea
Financial Implications

If the recommendations around re-establishment of the Committee and further review of Hunters Creek are accepted by Council, there will financial implications that have not previously been budgeted for. The implications are discussed in the Council paper in more detail.

5. Ngā Mahi Whai Ake
Next Steps

A paper is going to the Council meeting on the 12 September 2024 recommending adoption of a final version of the Bay of Plenty Regional Navigation Safety Bylaws 2024.

The paper also recommends the re-establishment of the committee and the further review of Hunters Creek.



Meeting:	Bay of Plenty Regional Navigation Safety Bylaws Review Committee
Meeting Date:	29 August 2024