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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:

Tuesday 13 August 2024 COMMENCING AT 9:30 am

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

5 August 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                                                                                                          13 August 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.       Reports

Decisions Required

8.1      Bay of Plenty Regional Council Representation Review 2024 - Hearings Report                                                                                                       2

Attachment 1 - ALL SUBMISSIONS Representation Review 2024 - Unredacted version - Public Excluded

Attachment 2 - Representation Review 2024 Hearings Schedule                                  2

Attachment 3 - Hearings Procedure for Submitters                                                        2

Attachment 4 - ALL SUBMISSIONS Representation Review 2024 - Redacted version: Submitter names and contact details removed                                                                2

8.2      Bay of Plenty Regional Council Representation Review 2024 - Deliberations Report                                                                               2

Attachment 1 - Summary of submissions and proposed responses                             2

9.       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

8.1

Bay of Plenty Regional Council Representation Review 2024 - Hearings Report - Attachment 1 - ALL SUBMISSIONS Representation Review 2024 - Unredacted version - Public Excluded

Withholding the information is necessary to protect the privacy of natural persons, including that of deceased natural persons.

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

To remain in public excluded.

 

8.1      Bay of Plenty Regional Council Representation Review 2024 - Hearings Report

Attachment 1 - ALL SUBMISSIONS Representation Review 2024 - Unredacted version - Public Excluded

10.     Public Excluded Business to be Transferred into the Open

11.     Readmit the Public

12.     Consideration of Items not on the Agenda

13.     Closing Karakia


 

 

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Report To:

Regional Council

Meeting Date:

13 August 2024

Report Writer:

Claudia Cameron, Committee Advisor

Report Authoriser:

Steve Groom, Governance Manager

Purpose:

To provide the Council with submissions and documentation required in support of the Bay of Plenty Regional Council (BOPRC) Representation Review 2024 Public Hearings.

 

 

Bay of Plenty Regional Council Representation Review 2024 - Hearings Report

 

Executive Summary

The Initial proposal for the BOPRC Representation Review was approved for public consultation by Council on 9 May 2024.

We have received 29 submissions on the Initial Proposal, one of the submitters will be heard at the Hearings.

 

Recommendations

That the Regional Council:

1        Receives the report, Bay of Plenty Regional Council Representation Review 2024 - Hearings Report;

2        Receives any late submissions to the Bay of Plenty Regional Council Representation Review 2024;

3        Receives any tabled documents from submitters during the Hearings.

4        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)  ALL SUBMISSIONS Representation Review 2024 - Unredacted version 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 that this attachment remain in Public Excluded.

 

1.        Introduction

The Local Electoral Act 2001 (LEA) requires all councils to conduct a Representation Review every 6 years. This gives the public an opportunity to share their views on the make up of the representation arrangements for the Bay of Plenty Region.

Preliminary engagement, conducted in January and February 2024, provided us with feedback which helped guide a Council workshop in March 2024. Discussions from the workshop informed the development of the Initial Proposal which Council approved for consultation in May 2024. The submission period was open from 15 May to 12 July 2024. We received 29 submissions.

Those who wish to speak to their submission are provided with the opportunity to be heard at the hearings, scheduled for 13 August 2024. Initially four submitters had indicated they wished to speak, however that number has reduced to one.

1.1      Legislative Framework

The legislation guiding the Representation Review are the Local Electoral Act 2001, the Local Government Act 2002 and the Bay of Plenty Regional Council (Māori Constituency Empowering) Act 2001 Guidance has also been received from the Local Government Commission (LGC) regarding process.

 

2.        Submissions

2.1      Submissions Received

A summary of all submissions is attached to this paper with names and contact information redacted for privacy reasons. Information regarding the submitter wishing to be heard is provided below for reference.

Name

Organisation/Individual

Submission No:

Jesse Brennan

Federated Farmers of New Zealand

28

 

3.        Hearings Overview

The Hearing will be held on Tuesday 13 August in Council Chambers, Regional House, Tauranga. The Hearing will open at 9:30 am and the submitter has been given 10 minutes to speak including questions.

Attached to this report is the Hearings Schedule and Hearings procedure for Submitters.

 

4.        Considerations

4.1      Risks and Mitigations

 

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

4.2      Climate Change

This matter if of a procedural nature, there is no need to consider climate change impacts.

 

 

4.3      Implications for Māori

A number of submissions related to arrangements regarding Māori constituencies. Some suggested minor alterations for reasons including alignment with Iwi. However, other submissions argued against the existence of Māori constituencies altogether. For the Bay of Plenty Regional Council, this is not a matter that is able to be considered through the representation review process, so change to the existence of Māori constituencies is not on the table. Consideration of how any changes might impact on specific iwi/hapū has been central through pre-engagement, informal discussions and Council consideration of their initial proposal. 

 

4.4      Community Engagement

 

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CONSULT

Whakauiuia

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

 

Consultation has taken place in adherence with the consultation principles set out in the Local Government Act and the requirements of the Local Electoral Act.

 

4.5      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.

4.6      Alignment with Strategic Framework

Please select the part of Councils Strategic Framework that the issues discussed in this paper align to most strongly and briefly describe how they align e.g. Community Outcome and objective/s.

Please delete the Community Outcome rows that do not apply to you. 

You can enter more than one Community Outcome and Community Objective if more than one relates strongly to your report. 

If you have more than one Objective relating to an Outcome, to copy and paste the relevant Objective drop down; please hover over the drop down, select the vertical “…” button, click Ctrl C, use your right keyboard arrow to navigate out of the drop down (the outline will disappear), click enter for a new line, then click Ctrl V.

Please also discuss, if relevant, how performance of the issue /work / project is currently being monitored (if at all), and how it could/will be monitored going forward – for example quote relevant KPI in Long Term Plan. Are there any special considerations with respect to how performance could be measured over time, and how performance monitoring could be used to improve performance over time?

A Vibrant Region

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

The Way We Work

We continually seek opportunities to innovate and improve.

These hearings support the Representation Review as an opportunity to ensure we continue to have a fair and effective representation arrangement, which best supports democracy and participation.

4.6.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

 

¨ Cultural

 

þ Social

Medium - Positive

¨ Economic

 

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.

Representation arrangements are an important democratic foundation. They ensure that the people of the Bay of Plenty are represented on Council in a way that is fair, effective and represents the various communities of interest in the region. Transparent and fair representation arrangements encourage public participation in the democratic process.

 

5.        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 the hearings Council will conduct deliberations. Staff will provide Council with a summary of submissions, staff response and associated recommendations.

Once deliberations are complete, Council will adopt its Final Proposal.

Attachments

Attachment 1 - ALL SUBMISSIONS Representation Review 2024 - Unredacted version (Public Excluded)

Attachment 2 - Representation Review 2024 Hearings Schedule

Attachment 3 - Hearings Procedure for Submitters

Attachment 4 - ALL SUBMISSIONS Representation Review 2024 - Redacted version: Submitter names and contact details removed  

 


Regional Council                                                                                                    13 August 2024

 

Item 8.1

Public Excluded Attachment 1

ALL SUBMISSIONS Representation Review 2024 - Unredacted version


Regional Council                                                                                                    13 August 2024

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Regional Council                                                                                                    13 August 2024

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Regional Council                                                                                                    13 August 2024

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Report To:

Regional Council

Meeting Date:

13 August 2024

Report Writer:

Claudia Cameron, Committee Advisor

Report Authoriser:

Steve Groom, Governance Manager

Purpose:

To provide support for the Bay of Plenty Regional Council Representation Review 2024 Deliberations.

 

 

Bay of Plenty Regional Council Representation Review 2024 - Deliberations Report

 

Executive Summary

At the meeting on 9 May 2024 Council approved an initial representation proposal for consultation. Through the consultation period, 29 submissions were received with one wishing to speak to their submission at hearings on 13 August 2024. Following the hearings, Council will conduct deliberations. This report is to support those deliberations, provide comment on the submissions received and recommend a final proposal for adoption at deliberations. Staff are recommending the Initial Proposal be retained as the Final proposal for adoption as this representation set up has been working well, was supported by a majority of submitters and has been approved in previous years by a Local Government Commission determination.

If Council wish to alter the Initial Proposal as a result of deliberations, staff will take the guidance provided and present an amended final representation proposal to Council for adoption.

 

Recommendations

That the Regional Council:

1        Receives the report, Bay of Plenty Regional Council Representation Review 2024 - Deliberations Report;

2        Resolves, in accordance with the provisions of the Local Electoral Act 2001 and following its consideration of the public submissions received to its 2024 initial representation arrangement proposal, to adopt its initial proposal as its final proposal for the 2025 and 2028 triennial elections 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        Notes that in considering matters raised by submitters, the total number of councillors is to remain at 14 to ensure fair and effective representation having regard to the population statistics and communities of interest of each constituency in the region;

4        Notes that the final representation proposal does not comply with section 19V (2) of the Local Electoral Act 2001 and therefore must be referred 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;

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 the Final Representation Proposal will be publicly notified in accordance with section 19N of the Local Electoral Act 2001 and opportunity will be provided for appeals to be lodged during a one month appeals period;

7        Directs staff to respond to each submitter outlining the final representation proposal;

8        Delegates to the Chief Executive the responsibility for making any non-consequential edits or amendments to the final proposal that may be required prior to it being published; OR

9        Directs staff to amend the initial proposal, with the changes outlined below, and present a final proposal to the Bay of Plenty Regional Council for adoption.

1.        Introduction

These deliberations form part of the Representation Review which is required to be undertaken every six years by the Bay of Plenty Regional Council (BOPRC) in accordance with the Local Electoral Act 2002 (LEA).

The Representation Review looks at the BOPRC representation arrangements and includes identifying the number of constituencies, the names and boundaries of each constituency and the number of councillors to be elected by the electors in each. The review is for the Māori constituencies and the General constituencies, for ease of reference the term Initial Proposal and Final Proposal applies to both the Māori and General constituency representation proposals.

This report will look at all submissions received, provide reasons as to the acceptance or rejection of the submissions and present a Final Proposal for Council’s consideration.

1.1      Legislative Framework

The legislation guiding the Representation Review are the Local Electoral Act 2001, the Local Government Act 2002 and the Bay of Plenty Regional Council (Māori Constituency Empowering) Act 2001 Guidance has also been received from the Local Government Commission (LGC) regarding process.

The Representation Review is unable to amend the Bay of Plenty Regional Council (Māori Constituency Empowering) Act 2001, therefore the existence of Māori constituencies does not form part of this review.

1.2      Alignment with Strategic Framework

A Vibrant Region

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

The Way We Work

We continually seek opportunities to innovate and improve.

These deliberations and the Representation Review as a whole is an opportunity to ensure we continue to have a fair and effective representation arrangement, which best supports democracy and participation.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

 

¨ Cultural

 

þ Social

 

¨ Economic

 

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

2.        The Representation Review Process so far

The Review commenced in late 2023. During the development of the Initial Proposal[1] there have been opportunities for input from the public, Territorial Authorities (TAs) and Iwi organisations of the region, and BOPRC Councillors through pre-consultation and a Council workshop. The Initial Proposal was resolved for consultation by Council at the 9 May 2024 meeting along with a consultation document providing background information and reasoning behind the Initial Proposal. The consultation period ran from 10 May to 12 July where the public, organisations, TAs and Iwi organisations were invited to provide their feedback on the Initial Proposal. Alternative representation options, which had been considered and discarded, were available for viewing and could be suggested as a preferred option via submission.

Hearings of verbal submissions are to be heard on 13 August 2024, with the deliberations taking place at the conclusion of the hearings. During the deliberations Councillors will have the opportunity to resolve to accept the staff recommendation for the Final Proposal or direct staff to amend the Final Proposal for Council adoption at a later date.

2.1      Initial Proposal

2.1.1    Initial Proposal for Māori Constituencies

Council adopted the ‘status quo’ arrangement for Māori constituencies as their Initial Proposal. This provides for three Māori constituencies: Mauao, Ōkurei and Kōhi, with each constituency represented by one Councillor.

2.1.2    Initial Proposal for General Constituencies

Council adopted the ‘status quo’ arrangements for general constituencies as their Initial Proposal.

The status quo option has four constituencies: Western Bay of Plenty (two Councillors), Tauranga (five Councillors), Rotorua (two Councillors) and Eastern Bay of Plenty (two Councillors).

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2.2      Submissions Received

A total of 29 submissions were received on the Council’s initial proposal. A summary of the submissions received, and proposed responses to them is included as Appendix One. The full submissions were included in the Hearings paper.

2.3      Submissions Analysis

In considering the Council’s final proposal, it is important to note that under the relevant legislation:

1.   Any changes from the initial proposal to the final proposal should be based on submissions received

2.   If the initial proposal is confirmed as the Council’s final proposal without changes, any appeals are limited only to submitters on the initial proposal. If changes are made to the initial proposal, anyone can lodge an objection to it.

3.   Reasons must be given explaining why submissions have been accepted or rejected.

This section analyses the submissions received in order to assist in making a decision on the final proposal and in the obligation to give reasons to submitters.

2.3.1    Māori Constituencies

Through the submissions process we asked the public whether they agreed with the initial proposal on both Māori and general constituencies.

The following table summarises the views received on Māori constituencies:

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Of the submitters who expressed a view on Māori constituencies, a total of eleven either agreed or strongly agreed with the initial proposal for Māori constituencies, and eleven either disagreed or strongly disagreed.

Of the eleven who disagreed or strongly disagreed, eight indicated that their view was based on an objection to Māori constituencies existing at all. A further two expressed a view that there should be more Māori constituencies.

The Bay of Plenty Regional Council (Māori Constituency Empowering) Act 2001 sets out the existence of Māori constituencies and the formula for determining how many there should be. This representation review cannot result in an outcome that is inconsistent with this Act. For this reason, we recommend that these submissions are rejected on the basis that they are outside of the matters that can be considered as part of this representation review.

Once these submissions are removed from consideration, a total of 12 submissions expressed a view on Māori constituencies, with 11 (92%) in favour of the initial proposal.

Three submitters commented on discarded option one (which would see Maketū and Kaituna shift from Mauao to Ōkurei). Two were in favour of making this change, and one opposed to it. Submitters in favour argued this better aligned with iwi locations.

This matter was considered at some length in developing the initial proposal. Points noted by Council at that time included:

·      The existing constituencies are well understood and operate well

·      While there are a small number who would like to see this change, it is not a matter that is widely supported and this change would not be universally supported

·      The communities of interest in Rotorua are likely to be different to those in coastal locations that would become part of this constituency if this change was made.

We recommend that these submissions are responded to by outlining that Council has decided to retain status quo for Māori constituencies for the reasons outlined above.

Our recommendation is that the initial proposal is adopted as the final proposal for Māori constituencies. This is based on the reasons outlined above, and most importantly on the fact that a strong majority of submitters, once those who expressed views outside of the scope of this review are discounted, agree with the initial proposal.

2.3.2    General Constituencies

The following table summarises the views received on general constituencies:

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Of the 26 submitters who expressed a view on general constituencies, 17 (65%) agreed or strongly agreed with the initial proposal, and nine (35%) disagreed or strongly disagreed with it.

Of the nine who disagreed or strongly disagreed, two appeared to be doing so to protest the existence of Māori constituencies, and one to advocate for more Māori constituencies.

The Bay of Plenty Regional Council (Māori Constituency Empowering) Act 2001 sets out the existence of Māori constituencies and the formula for determining how many there should be. This representation review cannot result in an outcome that is inconsistent with this Act. For this reason, we recommend that these submissions are rejected on the basis that they are outside of the matters that can be considered as part of this representation review.

Once these submissions are removed, a total of 23 submissions expressed a view on general constituencies, with 17 (74%) in favour of the initial proposal and six (26%) opposed.

A key theme of the submitters who did not support the initial proposal was the level of representation in Tauranga and/or Eastern Bay of Plenty.

Five submitters argued that the Eastern Bay of Plenty should have more representatives. Those who expressed this view noted that the geography of Eastern Bay, and its larger size and number of waterways and natural hazards meant that it is a disproportionate user of the regional council’s services.

Those who expressed a view that Eastern Bay should be better represented also generally expressed a preference that the additional representative for the Eastern Bay should be enabled by reducing the number of Councillors in Tauranga.

Doing this would put both the Tauranga and Eastern Bay constituencies significantly outside of the +/- 10% rule.

Under status quo, Tauranga and the Eastern Bay of Plenty both fall outside the +/- 10% rule for determining fair representation, with Tauranga under-represented by 11.6% and Eastern BOP over-represented by 32.1%. Shifting one Councillor from Tauranga to Eastern BOP would increase under-representation in Tauranga to 39.5% and would increase over-representation in the Eastern BOP to 54.7%.   

Over-representation in the Eastern BOP is something that was noted in developing the initial proposal, and the geography and natural hazards of this part of the region has been part of the justification that has previously been relied on by the Council and the Local Government Commission in accepting a representation arrangement that does not meet the +/- 10% rule for fair representation in the Eastern BOP.

An argument could be made that the above justifies a further increase in representation in the Eastern Bay, which could be further supported by noting that Tauranga and Western Bay together would hold seven of the Council’s 14 representatives. However, these arguments are unlikely to be strong enough to justify the significant departure from the fair representation formula.

We recommend that submissions promoting this change are given less weighting.  

One submitter preferred discarded option one, in which Maketū and Te Puke are moved to the Eastern Bay constituency and Pāpāmoa is moved to the Western Bay constituency. This option was thoroughly considered in the development of the initial proposal, and the reasons for discarding it were:

·      It increases the size of the Eastern Bay constituency, which is already disproportionately large, creating an effective representation issue

·      Pāpāmoa is more aligned with Communities of Interest in Tauranga, rather than Western Bay, and

·      Te Puke, in particular is more aligned with Western Bay than Eastern Bay, where elected members are likely to be based in Whakatāne/Ōpōtiki area, making effective representation of the Te Puke community in particular a challenge.

We recommend that this option is discarded for the reasons outlined above.

In summary, staff recommend that Council adopts its initial proposal as its final proposal for General constituencies based on the points noted above and on the fact that the majority of submitters support status quo.

2.4      Final Proposal

We recommend, for the reasons outlined in the Submissions Analysis section of this paper, that Council adopts the Initial proposal as the Council’s final proposal for representation arrangements for both the Māori and General constituencies.

3.        Considerations

3.1      Risks and Mitigations

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

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

This paper considers arrangements regarding Māori constituencies. While none of the proposals in this paper erode Māori representation, consideration of how any changes might impact on specific iwi/hapū has been central through pre-engagement, the development of the initial proposal, and the submissions process. 

3.4      Community Engagement

Adobe Systems

CONSULT

Whakauiuia

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

 

3.5      Financial Implications

-   Unbudgeted work during the current financial year?

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

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

 

4.        Next Steps

If Council resolves to accept the staff recommended Final Proposal (being no change to the Initial Proposal/Status Quo), the public will be notified in accordance with s19N of the Local Electoral Act. A one-month appeals period will commence, with any appeals being directed to the LGC. As the recommended Final Proposal does not comply with section 19V (2) of the Local Electoral Act 2001 it therefore must be referred directly to the Local Government Commission for determination.

If Council chooses to amend the Initial Proposal in response to submissions, staff will present an amended Final Proposal to a later meeting of Council for approval.

Attachments

Attachment 1 - Summary of submissions and proposed responses  

 


Regional Council                                                                                                                    13 August 2024

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[1] For further information on the development of the Initial Proposal please see our previous Council Workshop Paper and Council Meeting Report. Alternatively, please visit our Representation Review participate page for a project overview.