Agenda of Regional Council - Wednesday, 23 October 2024

Regional Council 23 October 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 - 12 September 2024 4

9. Reports

9.1 Chairperson's Report 4

Decisions Required

9.2 Approval of Funding Policies 4

Attachment 1 - Draft Regional Co-Governance Secretariat Fund (Aronga Ngatahi) Policy 4

Attachment 2 - Draft Maori Initiatives Fund (He Ara Taituara) Policy 4

9.3 Bay of Plenty Regional Tertiary Contracts 4

9.4 Summerhill Charitable Trust - Community Funding Request 4

Attachment 1 - Sustainable BOP Trust - Public Statement - September 2024 4

9.5 Royal New Zealand Coastguard - Regional Safety and Rescue Service Funding Agreement 4

Attachment 1 - RSRSF Coastguard NZ Funding Agreement 2024 - DRAFT 4

Attachment 2 - Final Report Coastguard BOPRC RSRS Fund 2024 4

9.6 Surf Lifesaving New Zealand - Regional Safety and Rescue Service Funding Agreement 4

Attachment 1 - RSRSF Surf Lifesaving NZ Funding Agreement DRAFT 4

Attachment 2 - SLSNZ_BOP Regional Council_Report_2023-2024 4

9.7 Updated Financial Delegation to the Group Controller 4

9.8 Appointment of Members to Various Groups 4

9.9 Approval to release Draft Regional Policy Statement Change 7 (Freshwater) and Draft Regional Natural Resources Plan Change 19 (Freshwater) 4

Attachment 1 - 1 -2024 10 17 S and P workshop_Attachment_policy topics - Public Excluded

Attachment 2 - 2 - 2024 10 15 Draft Information Sheets - Feedback Documents - Freshwater Plan Change- ALL - Public Excluded

Supporting Document 1 - Predraft RPS Change 7 (Freshwater) v1.3 - Embargoed draft - Public Excluded

Supporting Document 2 - Predraft RNRP PC19 (Freshwater) v1.5 - Embargoed draft - Public Excluded

Items 9.10 – 9.14 are included in Agenda 2 (Annual Reports)

9.10 Adoption of the Annual Report and Annual Report Summary for the year ended 30 June 2024

Refer Agenda 2 (Annual Reports) for this agenda item.

Attachment 1 - 2023/24 Bay of Plenty Regional Council Annual Report

Attachment 2 - 2023/24 Bay of Plenty Regional Council Summary Annual Report

Information Only

9.11 Quayside Group and Toi Moana Trust Annual Reports for year ending 30 June 2024

Refer Agenda 2 (Annual Reports) for this agenda item.

Attachment 1 - Quayside Holdings Limited - Annual Report 2024

Attachment 2 - Toi Moana Trust - Annual Report for year ended 30 June 2024

9.12 Local Government Funding Agency Limited - Annual Report for the year ended 30 June 2024

Refer Agenda 2 (Annual Reports) for this agenda item.

Attachment 1 - Letter to Shareholders - LGFA Annual Report 2024

Attachment 2 - LGFA Annual Report 30 June 2024

9.13 Regional Software Holdings Limited Annual Report for the year ended 30 June 2024

Refer Agenda 2 (Annual Reports) for this agenda item.

Attachment 1 - Regional Software Holdings Limited Annual Report for the year ended 30 June 2024

9.14 BOPLASS Annual Report for the year ended 30 June 2024

Refer Agenda 2 (Annual Reports) for this agenda item.

Attachment 1 - Bay of Plenty Local Authority Shared Services Annual Report for the year ended 30 June 2024

9.15 Financial Performance Report Months 1-2 2024/25 4

Attachment 1 - Financial Performance Report Months 1-2 2024/25 4

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
9.9	Approval to release Draft Regional Policy Statement Change 7 (Freshwater) and Draft Regional Natural Resources Plan Change 19 (Freshwater) - Attachment 1 - 1 -2024 10 17 S and P workshop_Attachment_policy topics - Public Excluded	Withholding the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied.	48(1)(a)(i) Section 7 (2)(c)(i).	On the Chief Executive's approval.
9.9	Approval to release Draft Regional Policy Statement Change 7 (Freshwater) and Draft Regional Natural Resources Plan Change 19 (Freshwater) - Attachment 2 - 2 - 2024 10 15 Draft Information Sheets - Feedback Documents - Freshwater Plan Change- ALL - Public Excluded	Withholding the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied.	48(1)(a)(i) Section 7 (2)(c)(i).	On the Chief Executive's approval.
9.9	Approval to release Draft Regional Policy Statement Change 7 (Freshwater) and Draft Regional Natural Resources Plan Change 19 (Freshwater) - Supporting Document 1 - Predraft RPS Change 7 (Freshwater) v1.3 - Embargoed draft - Public Excluded	Withholding the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied.	48(1)(a)(i) Section 7 (2)(c)(i).	On the Chief Executive's approval.
9.9	Approval to release Draft Regional Policy Statement Change 7 (Freshwater) and Draft Regional Natural Resources Plan Change 19 (Freshwater) - Supporting Document 2 - Predraft RNRP PC19 (Freshwater) v1.5 - Embargoed draft - Public Excluded	Withholding the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied.	48(1)(a)(i) Section 7 (2)(c)(i).	On the Chief Executive's approval.
10.1	Public Excluded Regional Council Minutes - 12 September 2024	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.

9.9 Approval to release Draft Regional Policy Statement Change 7 (Freshwater) and Draft Regional Natural Resources Plan Change 19 (Freshwater)

Attachment 1 - 1 -2024 10 17 S and P workshop_Attachment_policy topics - Public Excluded

Attachment 2 - 2 - 2024 10 15 Draft Information Sheets - Feedback Documents - Freshwater Plan Change- ALL - Public Excluded

Supporting Document 1 - Predraft RPS Change 7 (Freshwater) v1.3 - Embargoed draft - Public Excluded

Supporting Document 2 - Predraft RNRP PC19 (Freshwater) v1.5 - Embargoed draft - Public Excluded

Minutes to be Confirmed

10.1 Public Excluded Regional Council Minutes - 12 September 2024

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

12 September 2024

Regional Council

Open Minutes

Commencing: Thursday 12 September 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 – via Zoom

Cr Toi Kai Rākau Iti – via Zoom

Cr Matemoana McDonald

Cr Kat Macmillan

Cr Ron Scott

Cr Ken Shirley

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, Namouta Poutasi – General Manager Strategy & Science, Chris Ingle – General Manager Integrated Catchments; Kataraina O’Brien – General Manager Strategic Engagement (via Zoom), Tone Nerdrum Smith – Senior Advisor Governance

Presenters and staff as listed in the minutes

Apologies: None

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. Bay of Plenty Regional Council Meeting - 12 September 2024 - YouTube

1. Opening Karakia

A karakia was provided by Cr Te Taru White.

2. Public Forum

2.1

Summerhill Carpark Upgrade

Presented by: Gabrielle Walton and Richard Balm - Summerhill Charitable Trust.

Presented a video [can be viewed in the livestream recording].

Key Points:

· Summerhill Farm was managed by Summerhill Charitable Trust

· It remained a working farm/forest, but was also open for the public to enjoy with a number of walking/biking tracks

· Summerhill Farm was located immediately adjacent to Pāpāmoa Regional Hills Park, which created a popular and highly utilised western entrance to the Park

· Increasing user visits/popularity meant the Summerhill Farm carpark was experiencing rapid deterioration and was no longer fit for purpose

· The video presentation illustrated the current situation and the challenges being faced by Trust

· The proposed upgrade addressed flooding issues by utilising chipseal and allowing for drainage into the surrounding paddocks

· The vast majority of the Trust’s effort was through dedicated volunteers.

Key Points - Members:

· Noted the significant undertaking by the Trust and the conscious and successful reduction in the estimated cost of the proposed upgrade

· Considered that the carpark upgrade would significantly benefit the Pāpāmoa Regional Hills Park users

· Noted that the Pāpāmoa Regional Hills Park visitor numbers had increased substantially in recent years and the improved carpark would add further capacity and alternative access for users

· Recognised the value of both Summerhill Farm and the Pāpāmoa Regional Hills Park as community assets.

Key Points - Staff:

· Council had the option to consider the request for support as part of the Bay of Plenty Regional Council Toi Moana’s (Regional Council) Community Initiative Fund applications.

Items for Staff Follow Up:

· A report on the request for support towards the carpark upgrade to be brought back to a future Council meeting for consideration.

3. Declaration of Conflicts of Interest

Cr Te Taru White – Item 10.10 Quayside Tauriko Land Holding and Public Excluded Item 11.2 Quayside Holdings Ltd – Westpac Borrowing Facility

Cr Stuart Crosby – Item 10.10 Quayside Tauriko Land Holding and Public Excluded Item 11.2 Quayside Holdings Ltd – Westpac Borrowing Facility

4. Minutes

Minutes to be Confirmed

4.1

Regional Council Minutes - 1 August 2024

Resolved

That the Regional Council:

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

Leeder/Winters

CARRIED

4.2

Regional Council Minutes - 13 August 2024

Resolved

That the Regional Council:

1 Confirms the Regional Council Minutes - 13 August 2024 as a true and correct record, subject to the following amendments:

· Cr Te Taru White was present via Zoom, not an apology.

Leeder/Thurston

CARRIED

4.3

Emergency Regional Council Minutes - 15 August 2024

Resolved

That the Regional Council:

1 Confirms the Emergency Regional Council Minutes - 15 August 2024 as a true and correct record.

Leeder/Nees

CARRIED

5. Presentations

5.1

Lakes Freshwater Chair Professor Deniz Özkundakci: Annual Report 2023/24

Presentation - Lakes Chair Waikato University Annual Report - Council 12 September 2024 pdf: Objective ID A4769498

Presented by: Professor Deniz Özkundakci, Lakes Freshwater Chair, introduced by Andy Bruere – Lakes Operations Manager.

Key Points – Professor Özkundakci:

· The presentation focused on the team and research undertaken

· A ‘recycling’ effect in Lake Rotoehu had caused an increase in nutrients and as a consequence lowered the quality of the lake water

· Lake levels had increased four to five metres since the initial (anecdotal) draining observation in the mid-1990s, which made comparative observations challenging

· A significant climate change impact was the increasing flood occurrence, which affected the current and future management of the lakes

· Noted the significant lake level drop during the droughts in mid-1990s, compared to the increased levels as a result of Cyclone Gabrielle

· The arrival of catfish had negatively impacted on the kōura population in Lakes Rotorua and Rotoiti

· Increasing water temperatures affected fish, kōura and kãkahi population

· Creating artificial reefs as habitat for kōura, was hoped to increase the current population and environmental resilience

· Had submitted a ‘forecasting’ water programme to Ministry of Business, Innovation and Employment (MBIE) for funding, and the successful applications were expected to be announced the following day. This was an innovative programme at its infancy, but was relatively confident funding would be forthcoming

· The impacts of cultural land use/various land management practices were being monitored, including the potential positive impact of regenerative land use

· There was no ‘magic bullet’ on the improvement of lake health, i.e. no quick fix, and catchment management remained crucial

· The positive interaction between the University of Waikato (UoW) and the community had created a high level of interest amongst students, nationally and internationally, to participate in such meaningful research.

Key Points - Staff:

· Two methods of corrosion prevention had been considered for the Õhau wall. However, neither solution had proven viable due to the level of corrosion and the solutions estimated success rate due to the aggressive freshwater environment

· Staff continued to work with corrosion experts in the effort to identify possible solutions

· Had not specifically explored whether historic rubbish tip adjacent to Lake Rotorua had a negative impact on lake water quality, but noted that research had been undertaken a few decades ago that could be reviewed.

Key Points - Members:

· Noted the accelerated deterioration on the Õhau Diversion Wall

· Queried whether a small area of the wall could be used for trialling of the two potential (but seen as non-viable) corrosion prevention solutions

· Noted the increasing user pressure on the Rotorua Lakes, in particular Lake Rotomā

· Positive interaction with, and presentations to, the affected communities regarding the work undertaken by the UoW and Regional Council on the health of the lakes created increased understanding and support.

6. Reports

6.1

Chairperson's Report

Resolved

That the Regional Council:

1 Receives the report, Chairperson's Report.

Leeder/White

CARRIED

Decisions Required

6.2

Adoption of the Bay of Plenty Regional Navigation Safety Bylaws

Presented by: Toni Briggs – Senior Project Manager, Stephen Lamb – National Resources Policy Manager, Jon Jon Peters – Harbourmaster.

Key Points:

· Recognised the commitment of all involved and what had proven to be a more challenging process than initially envisaged

· Provision 1.1.2 in the draft Bylaws document (attached to the agenda) would be amended to state that the Bylaws would come into force on the date that the new Maritime Transport (Infringement Fees for Offences — Bay of Plenty Regional Navigation Safety Bylaws 2024) Regulations came into force, not 1 October 2024 as stated in the draft Bylaws.

Key Points - Members:

· The Navigation Safety Bylaws Committee was intent on and positive about reaching a solution on the outstanding matters, hence the recommendation to re-establish the Committee in the future to continue the review process

· Noted that the speed restriction at Lake Rotomā, including the Matutu Arm, were correct

· Sought that the colour coding identifying the various Rotorua Lakes’ speed restrictions and purpose be more generic/matching to limit the risk of confusion for users.

Resolved

That the Regional Council:

1 Receives the report, Adoption of the Bay of Plenty Regional Navigation Safety Bylaws;

2 Agrees that under s155 of the Local Government Act, a Bylaws document is the most appropriate form of regulation to address navigation safety in the region and is not inconsistent with the New Zealand Bill of Rights Act 1990;

3 Agrees with the endorsement of the Navigation Safety Bylaws Review Committee and adopts the Bay of Plenty Regional Navigation Safety Bylaws 2024;

4 Agrees that the Bylaws comes into force on the date that the new Maritime Transport (Infringement Fees for Offences — Bay of Plenty Regional Navigation Safety Bylaws 2024) Regulations come into force;

5 Agrees with the recommendation that the Navigation Safety Bylaws Review Committee disestablish the Committee upon adoption of the Bylaws and re-establish the Committee in the very near future to undertake further review and consultation on the below, with the view of completing the review within the next 12 months:

(a) The Hunters Creek/Ōtapu ski area;

(b) Extension of the Astrolabe Reef exclusion zone for vessels over 500 gross tonnes for the purposes of navigation safety;

6 Agrees with the recommendation of the Navigation Safety Bylaws Review Committee that before the next 5 yearly review of the Bylaws, Council reviews:

(a) An extension of the Astrolabe Reef exclusion zone for vessels over 500 gross tonnes for the purposes of navigation safety;

(b) Keep a watching brief on the East coast shipping route to investigate the use of Navigation Safety bylaw powers to enhance safety aspects of this coastal route;

7 Authorises the Chief Executive to make minor numerical, editorial or presentation amendments prior to the final publication.

von Dadelszen/Winters

CARRIED

10.58 am – The meeting adjourned.

11.15 am – The meeting reconvened.

6.3

Tauranga Harbour Ferry Service Trial – Options Assessment

Presentation - Ferry Trial Proposal - Council 12 September 2024 pdf: Objective ID A4769509

Tabled Document 1 - Photo Ferry Trial Port and Bridge Marine - Council 12 September 2024: Objective ID A4769528

Presented by: Oliver Haycock – Director Public Transport & Jon Jon Peters – Harbourmaster.

Key Points:

· Tauranga City Council (TCC) had approved funding towards the trial, dependent on the same funding being granted by Regional Council and the successful negotiation between TCC and Hauraki Express of a commercial agreement

· Concerned that aspects of the proposal, including the projected patronage and number of trips per day were overly optimistic, creating a heightened level of risk with the trial

· The proposed route between Tauranga CBD and Pilot Bay, Mount Maunganui was a highly trafficked area, with a number of nautical restrictions and challenges which would significantly impact on the ability to run a reliable scheduled service at the journey times indicated

· The Regional Council’s Regional Transport Committee chose not to include the trial in the Regional Land Transport Plan (RLTP), due to a lack of alignment with regional priorities. The project was therefore not considered for NZTA funding.

· A key consideration was the changing funding landscape for transport, with reduced public transport funding announced by central government through its National Land Transport Fund (NLTF), which meant a significant shortfall in the operational cost of providing the existing public transport service.

Key Points - Members:

· Recognised that leaving this matter to ‘lie on the table’ at a previous meeting had provided an important opportunity for the newly elected TCC Councillors to participate in the process

· Recognised the passion and commitment of those involved in developing and presenting this proposal

· Did not consider this to be the optimal time to support the proposal for the following reasons:

o Reduced NZTA subsidies and increased pressure/expectation for Council to generate alternative revenue streams had added significant pressure in the current operational public transport environment

o The Hewlett Road/Totara Street upgrade, when funded and progressed, would support the offering of a ferry service

· Considered the risks associated with the proposed trial meant it should not be supported at this time

· The ferry trial would not attract NZTA public transport funding as it was considered to be a tourist/recreational venture, rather than a viable public transport service

· Suggested it would be appropriate to reconsider a ferry service in 2027, once the Tauranga CBD development was completed and the Hewlett Road/Totara Street upgrade should have been progressing

· Supportive of the concept of a commuter ferry service and embraced the innovative approach towards alternative modes of transport

· Central government, through its significant reduction in available NLTF subsidies, had pressured Council into a ‘position of no choice’ with regards to this proposal

· Considered there would be the right time in the future for supporting a ferry service as an alternative mode of public transport

· Noted the comments of the Harbourmaster that the high traffic volume within the shipping channel meant the ferry could not travel at the speed required to complete the number of trips set out in the proposal

· The ferry fares would be more expensive than that of the bus fares as they would not be eligible for subsidies or concessions

· There was currently no park and ride facilities available to support the ferry service

· Concerned regarding reputational risk to Council if, being made aware of the risk, it proceeded with funding towards the trial.

Key Points – Chief Executive McTavish:

· Noted that in this instance, the staff recommendations in the agenda report did not provide a recommended option, to enable Councillors to discuss the proposal unhindered

· When asked directly, staff’s recommendation was Option 3: Do not provide funding support.

Resolved

That the Regional Council:

1 Receives the report, Tauranga Harbour Ferry Service Trial – Options Assessment;

2 Endorses the following option:

Option 3: Do not provide funding support for a Tauranga harbour ferry trial;

3 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.

Shirley/Campbell

CARRIED

6.4

Minor Rivers and Drainage Rates 2024/2025

Presented by: Mark Le Comte – Principal Advisor Finance and Kumaren Perumal – Chief Financial Officer.

Key Points:

· The total rates payable for the 2024/25 year by those affected by this re-set would be correct as a result of the required adjustments.

Resolved

That the Regional Council:

1 Receives the report, Minor Rivers and Drainage Rates 2024/2025.

2 Agrees that Council has completed the requirements of the Local Government (Rating) Act 2002 and Council Standing Orders to enable Council to re-set the Minor Rivers and Drainage Schemes Rates.

3 Approves the alterations to Rates Setting 2024/25 resolution 16 adopted on 26 June 2024 for the Omeheu West Communal Pumped Drainage Scheme, Awaiti West Pumped Drainage Scheme, Withy Communal Pumped Drainage Scheme, Omeheu Adjunct Communal Pumped Drainage Scheme and Lawrence Communal Pumped Drainage differential targeted rates, noting that all alterations result in lower rates being set. All other rates in Rates Setting 2024/25 resolution 16 adopted on 26 June 2024 remain unchanged.

4 Adopts alterations to Rates Setting 2024/25 resolution 16 as follows:

16 Sets targeted rates for the Minor Rivers 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 rivers 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.

5 Approves the alterations to Rates Setting 2024/25 resolution 17 adopted on 26 June 2024 for the Minor Drainage Scheme targeted rate for Awakeri, Baird-Miller, Foubister, Gordon, Halls, Hyland-Baillie, Riverslea Road, Kuhanui, Luxton, Martin, Nicholas, Noord-Vierboon, Pedersen-Topp, Robins Road, Travurzas, Wylds, Poplar Lane, Awaiti East and the total amount noting that this results in lower rates being set. All other rates in Rates Setting 2024/25 resolution 17 adopted on 26 June 2024 remain unchanged.

6 Adopts the alterations to Rates Setting 2024/25 resolution 17 as follows:

17 Sets targeted rates 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:

7 Notes that all other parts of the Rates Setting 2024/25 resolutions as adopted on 26 June 2024 remain unchanged.

Macmillan/von Dadelszen

CARRIED

6.5

The Waihi Estuary Catchment Freshwater Improvement Project - Approvals needed to progress constructed wetlands work

Presentation - Waihi Estuary Cutwater Rd - Council 12 September 2024 pdf: Objective ID A4769502

Presented by: Claire McCorkindale – Land Management Officer, Pim de Monchy – Coastal Catchments Manager and Chris Ingle – General Manager Integrated Catchments, supported by Kura Paul-Burke – Associate Professor Marine Science Te Wahapū o Waihī Project Manager and Roana Bennett – Te Arawa Lakes Trust Te Wahapū o Waihī Project Support.

Key Points:

· This project was the most sizeable of the Focus Catchments Capital Projects within the 2024-2034 Long Term Plan (LTP)

· The cost of the increased scope since the project’s inception was covered, through external funding, which meant the overall cost of stage one was still within the allocated $1.6 million

· Staff had considered a number of options with regards to securing the power poles that traversed the wetland area, with the preferred option being to completely remove the poles and re-route the power cable underground through the Marginal Strip

· Was in the process of approaching PowerCo to discuss a possible reduction/discount in the proposed cost of the pole removal, or a sponsorship arrangement

· There would be a gravity outlet in the lower part of the wetland providing about 1/6th of the discharge volume from the wetland as well as improving fish passage somewhat. This would complement the existing Pump Station #10 (currently owned by Western Bay of Plenty District Council and operated by the Waihī District Drainage Society) which would pump the bulk of the treated water out of the wetland

· Using a ‘pump in, pump out’ design meant that the project benefits would not be lost due to gradual sea level rise

· $1.92 million additional Ministry for the Environment (MfE) Freshwater Improvement Funding due to underspend in the national Jobs for Nature initiatives had been reallocated towards wetland developments, hence this proposal being presented to Regional Council as a development opportunity.

· The total value of the FIF Grant would increase from $2.9m to $4.83m

· To meet the MfE criterion that their co-funding be less than 42% of the total cost of the project, funding from Regional Council towards the 33.5 hectares of new wetland would need to be brought forward from years 3, 4 and 5 of the LTP into years 1 and 2

· Staff and MfE had negotiated agreed terms with regards to the external funding allocation

· The new inlet pump for the Cutwater Rd wetland was anticipated to be similar to the capacity of existing Pump Station #10

Key Points - Members:

· Recognised there were some levels of risk relating to climate change in the long term, however still supported the proposal

· Noted that this project was a high profile example of how public/private funding investments could be applied in greenspace developments

Key Points - Kura Paul-Burke and Roana Bennett:

· Noted the strong and positive co-operation between the various partners in the development of the proposal leading to the widespread support

· The model for this project was being replicated in other areas.

Resolved

The recommendation was moved in parts.

That the Regional Council:

1 Receives the report, The Waihi Estuary Catchment Freshwater Improvement Project in partnership with Te Wahapū o Waihī and co-funded by the Ministry for the Environment - approvals needed to progress constructed wetlands work.

CUTWATER ROAD WETLAND

2 Approves the new design for the 30 hectare Cutwater Road Wetland

3 Approves the $1,552,500 expenditure for construction of the 30ha Cutwater Road Wetland, noting that this amount is already budgeted for in year 1 of the Coastal Catchments Activity within the LTP 2024-34.

McDonald/Winters

CARRIED

]

Resolved

4 Approves accepting the additional $1.92m from the Ministry for the Environment (Variation #2 to the Freshwater Improvement Fund grant)

5 Delegates to the Chief Executive the ability to approve and execute the Ministry for the Environment funding agreement including any variations.

6 Approves the transfer of up to $2.1m Capex from years 3-5 of the LTP into years 1-2 in order to meet the co-funding commitments associated with the MfE Deed of Grant.

Macmillan/Shirley

CARRIED

6.6

Ford Road Pump Station Replacement

Presentation - Ford Road Pump Station - Council 12 September 2024 pdf: Objective ID A4769508

Presented by: Mark Townsend – Engineering Manager and Kathy Thiel-Lardon – Environmental Engineering Team Leader.

Key Points:

· Workforce availability changes meant contractors had been required for river widening, resulting in an increase in project costs

· Noted that the Archimedes Screw Pump costs should be in thousands, not millions

· The Archimedes Pumps were more ‘fish friendly’ aligning with the safe fish passage concept

· Staff had been advised of a potentially more rapid pump delivery/construction timeframe than the 15 months originally advised, subject to contract agreements with the supplier being reached rapidly

· Affordability was the main challenge for river and drainage schemes, and councils/central government were working together to establish more reliable funding streams to provide a higher level of certainty in the planning processes

· Recognised that the affordability of the River Schemes would continue to be a key focus of Regional Council in its LTP process.

Key Points - Members:

· Suggested that the expected lifecycle of the pumps was beyond the conservatively indicated 25 years

· Recognised that regular cleaning/maintenance of the pumps was of high importance for life expectation purposes

· The River Scheme Advisory Groups were initiating regular reporting to the Monitoring and Operations Committee to ensure knowledge and information was shared with all Councillors.

Resolved

That the Regional Council:

1 Receives the report, Ford Road Pump Station Replacement ;

2 Agrees to fund additional capital expenditure of $4.025 million in 2025/26 and agrees to new Regional Infrastructure Funding of $5.802 million which results in lower budgeted borrowings of $1.777 million for the Ford Road Pump Station replacement;

Winters/White

CARRIED

6.7

Procurement Plan for Rivers and Drainage Capital Works 2024/25

Resolved

That the Regional Council:

1 Receives the report, Procurement Plan for Rivers and Drainage Capital Works 2024/25.

2 Approves the attached Procurement Plan for Rivers and Drainage Capital Work 2024/25.

3 Delegates to the Chief Executive the financial authority to accept tenders and approve contractors, supplier selections, and payments, including contract variations and renewals for each capital project providing that the total value of all contracts are within the approved budget for Capital works as provided for in an approved Long Term Plan.

Thompson/Macmillan

CARRIED

6.8

Procurement Plan - Constructed Wetland Design and Implementation Services

Presented by: Baylee Jackson – Land Management Officer and Helen Creagh – Rotorua Catchment Manager.

Key Points:

· Funding had been allocated in the LTP for wetland construction, which also attracted central government funding

· Noted the conscious change in land use in the Rotorua Lakes catchment with the intent being to minimise/eliminate Alum dosing of the lakes in the future.

Resolved

That the Regional Council:

1 Receives the report, Procurement Plan - Constructed Wetland Design and Implementation Services .

2 Notes that the funding for this procurement is approved in the current Long-Term Plan.

3 Notes that this work is being undertaken to achieve targets set in the Regional Policy Statement, Regional Plans and the Integrated Framework for Lake Rotorua

4 Delegates to the Chief Executive the ability to approve all contracts, supplier selections and payments including contract variations and renewals under this supplier panel.

5 Delegates to the supplier panel sponsor the ability to make all tactical and operational procurement decisions related to this supplier panel.

Winters/Campbell

CARRIED

6.9

Amendment to Standing Orders: Virtual Attendance at Meetings

Presented by: Steve Groom – Governance Manager and Tone Nerdrum Smith – Senior Advisor Governance.

Key Points:

· The report set out the amendments required to Council’s Standing Order to ensure Councillors would continue to count towards a meeting’s quorum if attending via audiovisual means once the Emergency Management Legislation Act 2023 expired at the end of September 2024

· Noted that Council’s audiovisual meeting protocols related to best practice for effective meetings, rather than being a legal requirement (e.g. the preference for participants to keep their cameras on).

Key Points - Staff:

· Would explore better ways of visually displaying the remote participants on the large screens in the Chambers.

Resolved

That the Regional Council:

1 Receives the report, Amendment to Standing Orders: Virtual Attendance at Meetings.

2 Approves the following amendments to Council’s Standing Orders (refer Attachment 1):

a) Amend the Definition Section to read “Present at the meeting to constitute quorum means the member is to be present (in person or via audio/audiovisual link)”;

b) Amend Standing Order 11.1 (Council Meetings) to read: “The quorum for a meeting of the council is:

(a) Half of the members present (in person or via audio/audiovisual link), where the number of members (including vacancies) is even; and

(b) A majority of the members present (in person or via audio/audiovisual link), where the number of members (including vacancies) is odd.”;

c) Amend Standing Order 13.8 (Member’s status: quorum) to read “Members who attend meetings by electronic link will be counted as present for the purposes of a quorum.”;

d) Amend Standing Order 13.9 (Member’s status: voting) to read “Where a meeting has a quorum, determined by the number present (in person or via audio/audiovisual link), the members attending by electronic link can vote on any matters raised at the meeting.”;

e) Amend Standing Order 13.11 (Conditions for attending by audio or audio-visual link) to read: “Noting standing order 13.7, members may attend meetings by electronic link, either generally or for a specific meeting, if the technology allows”;

f) Amend Standing Order 13.12 (Request to attend by audio or audio visual link) by replacing the word ‘request’ with ‘notification’; AND

g) Amend Standing Order 13.10 (Chairperson’s duties) by deleting the sentence “If the Chairperson is attending by audio or audio-visual link, then chairing duties will be undertaken by the Deputy Chair, or a member who is physically present” [in the event of an audiovisual only or hybrid meeting]

3 Notes that a 75% majority vote is required to amend Standing Orders.

Thompson/Winters

CARRIED

A show of hands confirmed that the motion was carried unanimously

6.10

Quayside Tauriko Land Holding

Presented by: Mark Le Comte – Principal Advisor Finance and Kumaren Perumal – Chief Financial Officer.

Cr Crosby and Cr White declared an interest in this item and abstained from discussion and voting.

Key Points:

· The possibility to ‘swap’ parcels of land between NZTA and Regional Council had been discussed, but was not a viable option at this stage.

Resolved

That the Regional Council:

1 Receives the report, Quayside Tauriko Land Holding.

2 Approves Quayside Holdings Limited undertaking a process to sell 610 State Highway 29 to the New Zealand Transport Agency.

Thompson/Winters

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:

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
7.1	Public Excluded Regional Council Minutes - 1 August 2024	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
7.2	Quayside Holdings Limited - Westpac Borrowing Facility	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; Withholding the information is necessary to maintain legal professional privilege; 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)(b)(ii); 48(1)(a)(i) Section 7 (2)(g); 48(1)(a)(i) Section 7 (2)(h).	To remain in public excluded.
7.3	Chief Executive’s 2023-2024 Annual Performance Review	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).	On the Chief Executive's approval.
7.4	Chief Executive's 2024-2025 Performance Agreement and Development Plan	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).	On the Chief Executive's approval.

Leeder/Winters

CARRIED

8. Closing Karakia

A karakia was provided by Cr Te Taru White.

2.32 pm – the meeting closed.

Confirmed

Chairman Doug Leeder

Chairperson, Regional Council

Date	Meeting / Engagement	Comment
4 September	Local Government Business Forum – Videoconference	I spoke about topical matters in my role as Regional Sector Chair.
5 September	Informal Get Together between BOPRC and Tauranga City Council – Tauranga	Discussed Tauranga Transport matters.
9 September	BOPRC visit by Local Government New Zealand (LGNZ) President Sam Broughton and Chief Executive Susan Freeman Greene – Tauranga	Discussed what matters to BOPRC and LGNZ work underway.
Meeting between Tauranga City Council and BOPRC Elected Members – Tauranga	Discussed Tauranga Ferry Proposal.
10 September	Fonterra Edgecumbe Community Meeting – Edgecumbe	Attended.
11 September	Meeting with Geoff Rolleston, Chairman Te Arawa Lakes Trust – Rotorua	Attended.
Toi Kai Rawa, Bay of Plenty Māori Economic Development Trust - Launch of their Māori Steam Workforce Development Strategy - Tauranga	A strategy to increase Māori Steam (Science, Technology, Engineering, Arts, Mathematics) aspiration, participation, attainment and ability in which to contribute to a high-value economy in the wider Bay of Plenty.
16 September	Bay of Plenty Mayoral Forum – Video conference	Discussed the Regional Infrastructure Fund project list.
18 September	Omehue Solar Farm Project Information Briefing Session – Whakatane	Attended.
Ōpōtiki District Council Draft Long Term Plan (LTP) 2024-2034 Hearing – Ōpōtiki	Spoke to BOPRC’s submission on the draft LTP.
19 September	Meeting with Whakatane District Council Mayor Victor Luca – Video conference	Discussed future wastewater opportunities. Our respective council Chief Executives, Fiona McTavish and Steven Perdia, were also in attendance.
Tauranga Te Papa Rotary Meeting – Tauranga	Spoke about the issues facing BOPRC.
20 September	Pākihikura (Ōpōtiki) Harbour Opening Ceremony Event - Ōpōtiki	Provided an official speech on BOPRC’s involvement in this project, including providing co-funding of $20million.
Regional Development Summit hosted by Minister for Regional Development, Hon Shane Jones – Whakatane	Part of the Minister’s series of national summits, there was facilitated conversations about progressing regional economic growth and opportunities to drive productivity, prosperity, and resilience through the Coalition Government’s Regional Infrastructure Fund.
23 September	Climate Change Commission Commissioner Dr Tanira Kingi briefing to BOPRC Councillors – Videoconference	A discussion about climate change and the future of New Zealand’s primary industry sectors: markets and infrastructure challenges.



Report To:	Regional Council
Meeting Date:	23 October 2024
Report Writer:	Merehine Waiari, Senior Advisor and Herewini Simpson, Kaihautu (Te Amorangi Lead)
Report Authoriser:	Kataraina O'Brien, General Manager, Strategic Engagement
Purpose:	Approval of the Regional Co-Governance Secretariat Fund Policy (Aronga Ngātahi) and the Māori Initiatives Fund Policy (He Ara Taituara)

Approval of Funding Policies

Executive Summary

At its Long Term Plan (LTP) deliberation meeting held on 28 May 2024, Council resolved to:

· Establish a Māori Initiatives Fund in year one of the LTP with funding of $200,000 per annum;

· Develop a policy in Year 1 of the LTP, to be reviewed in Year 3 of the LTP;

· Establish a Regional Co-Governance Secretariat Fund with funding of $200,000 per annum for the first three years of the LTP; and

· Develop a policy in Year 1 of the LTP, to be reviewed in Year 3 of the LTP.

A draft Regional Co-Governance Secretariat Fund Policy / Aronga Ngātahi and draft Māori Initiatives Fund Policy / He Ara Taituarā were presented to Komiti Māori on 27 August 2024. The draft policies were further considered alongside the Community Funding Review at the joint Komiti Māori and Strategy and Policy workshop on 3 October 2024.

This report presents the updated policies (incorporating Council guidance from both 27 Aug and 3 Oct discussions) for final approval.

Recommendations

That the Regional Council:

1 Receives the report, Approval of Funding Policies.

2 Approves the draft Regional Co-Governance Secretariat Fund Policy (Aronga Ngātahi), (Attachment 1).

3 Approves the draft Māori Initiatives Fund Policy (He Ara Taituarā), (Attachment 2).

4 Delegates to staff, authority to update this policy with any required changes as a result of the Community Funding Review in 2024.

1. Introduction

Staff have developed a draft Regional Co-Governance Secretariat Fund Policy (Aronga Ngātahi) and draft Māori Initiatives Fund Policy (He Ara Taituarā) that sets out the criteria and assessment process for Year 1 – 3 of the LTP. The development of the draft policies is informed by:

· LTP Co-Governance consultation and submissions.

· LTP Workshops.

· LTP Hearings.

· LTP meetings including the May deliberation hui.

· Outcomes achieved under the previous LTP Co-Governance secretariat fund.

· Advice from Toi Moana Māori Councillors.

· Consultation with relevant staff and subject matter experts.

The draft policies were presented to Komiti Māori on 27 August 2024 and further considered at the joint Komiti Māori and Strategy and Policy workshop on 3 October 2024. Guidance provided on both occasions has been incorporated into the updated policies for approval.

1.1 Legislative Framework

Council’s Strategic Framework incorporates a Māori outcome that is underpinned by specific statutory obligations to Māori.

The Local Government Act 2002 requires Council to:

· Establish and maintain processes to provide opportunities for Māori to contribute to decision-making processes (section 81(1)(a));

· Consider ways in which it may foster the development of Māori capacity to contribute to the decision-making processes (section 81(1)(b));

· Provide relevant information to Māori (section 81(1)(c)); and

· Take into account the relationship of Māori and their culture and traditions with their ancestral land, water, sites, wāhi tapu, valued flora and fauna and other taonga (section 77(1)(c)).

Additionally, Council is specifically charged with a number of obligations and co-governance support functions, through various Treaty Claims Settlement Acts.

1.2 Alignment with Strategic Framework

The Te Ara Poutama, is a new outcome in the strategic framework for the LTP 2024-2034. Te Ara Poutama goals are:

· Goal 15: Supporting enhanced Māori participation in operational activities, and progressing new opportunities where they arise within existing operations;

· Goal 16: Supporting Māori capacity and capability building to empower proactive relationships;

· Goal 17: Ensuring an equitable approach to the four wellbeing’s and deliver of community outcomes;

· Goal 18: Partner with Māori to enhance delivery and share decision-making.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

2. Implementation of policy guidance

At the joint Komiti Māori and Strategy and Policy Workshop on 3 October 2024, Councillors considered key aspects of the draft Regional Co-Governance Secretariat Fund (RCGSF) Policy and draft Māori Initiatives Fund (MIF) Policy.

2.1 Draft Regional Co-Governance Secretariat Fund Policy

Council largely confirmed the draft Regional Co-Governance Secretariat Fund Policy but directed the following change.

2.1.1 Applicant eligibility

Funding will only be granted where an applicant is a:

· Treaty Settlement Co-Governance Forum established via Treaty of Waitangi Settlement legislation where Toi Moana has delegated administration responsibilities.

· Pre-Settlement Forum established by and operating in partnership with Toi Moana.

Under this approach six forums will be eligible to apply to the fund: Rangitāiki River Forum, Tarawera Awa River Strategy Group, Kaituna River Authority, Rotorua Lakes Strategy Group, Whakatōhea Kaitiaki Forum (once established) and the Tauranga Moana Advisory Group.

This supports Council to recognise and respond to the 2024-2034 LTP submissions from Treaty Settlement Co-Governance Chairs and supports the legislative functions of Council to support the forums.

2.2 Draft Māori Initiatives Fund Policy

For the draft Māori Initiatives Fund Policy, Council confirmed the following key aspects of the draft policy.

2.2.1 Applicant eligibility

Funding will only be granted to:

· An applicant (defined as) – an iwi, hapū or affiliated entity/grouping, or Māori Land Trust with land interests within the Bay of Plenty Regional Council boundaries.

No application will be considered from:

· Iwi, hapū or Māori Land Trusts not predominantly based within the Bay of Plenty Regional Council’s legal boundaries

· Private Individuals

· Commercial entities

2.2.2 Funding distribution and application process

The draft Māori Initiatives Fund Policy / He Ara Taituarā sets out the funding distribution and application process for each fund:

Year 1: $200,000 budgeted to funding requests from tangata whenua who submitted to the 2024-2034 LTP. Should the fund not be fully allocated, the balance of funds can be made available (to those who are eligible).

Year 2/3: $150,000 budgeted to a contestable fund for medium to large initiatives/projects; and $50,000 budgeted to a kaitiaki grant for small projects (up to a maximum amount of $5,000).

(a) He Ara Taituarā Contestable Fund: Allocation of $150,000 per annum. The first funding round will be held in February 2025 and will assess funding applications in the 2025/2026 financial year. The second funding round will be held in February 2026 and will assess funding applications in the 2026/2027 financial year.

(b) Kaitiaki Grant: Allocation of $50,000 per annum. The Kaitiaki Grant will be open for applications throughout the year from 1 July 2025/1 July 2026 and will be available on a first approved basis until fully allocated. Applicants can apply for up to $5,000 per financial year.

The Kaitiaki Grant will support smaller projects that enable iwi and hapū kaitiakitanga by contributing to capacity and capability projects that are in the conceptual stages of development.

Staff have taken into consideration the broad range of capacity and capability initiatives requesting support through the LTP and have developed a mixed-model approach with an appropriate assessment process to match the level of funding being requested. This will ensure that medium-large initiatives seeking large funding support will undergo a comprehensive and holistic assessment while small initiatives that only require a grant have a less onerous assessment applied.

2.3 Alignment with Community Funding Review

At its meeting on 28 May 2024, Councillors directed staff to bring reviews of the Community Initiatives Fund, Volunteer Initiatives Fund, Environmental Enhancement Fund and the Māori Initiatives Fund, to inform integration across the funding schemes. The Community Funding review is due to be completed in 2024.

To ensure the current MIF and RCGS policies remain aligned with any Council decisions resulting from the Community Funding review, its recommend Council authorise staff to update the MIF with any required changes as a result of the Community Funding Review in 2024.

The next full review of the Māori Initiatives Fund Policy / He Ara Taituarā is scheduled for 2026/2027 as per Council decisions in the LTP 2024-2034 deliberations.

3. Considerations

3.1 Risks and Mitigations

The current economic climate and fiscal limitations of Council requires prioritisation of our work. Through the LTP process, it was clear that the need amongst tangata whenua exceeds what Council can support and that a robust Policy would be required to make decisions on funding.

For the Regional Co-Governance Secretariat Fund Policy, staff have taken into consideration the secretariat needs of the Treaty Settlement Co-Governance Forums and the Pre-Settlement Forum, including Crown and central government funding they have received, the current work programme for each entity and potential impacts of ongoing National reform. This is reflected in the assessment process in the draft policy. Mitigating and managing expectations will need to be carefully as managed. Staff will continue to seek ways to support the Treaty Settlement Co-Governance Forums using existing resources and access to technical experts.

For the Māori Initiatives Fund, staff have taken into consideration the broad range of capacity and capability initiatives requesting support through the LTP and have developed a mixed-model approach with an appropriate assessment process to match the level of funding being requested. This will ensure that medium-large initiatives seeking large funding support will undergo a comprehensive and holistic assessment while small initiatives that only require a grant have a less onerous assessment applied. Mitigating and managing expectations will need to be carefully managed. Staff will continue to seek ways to support iwi, hapū groups and Māori land trusts using existing resources and access to technical experts.

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

Council has specific responsibilities under section 81 of the Local Government Act 2002 to support the development of Māori capacity and capability to contribute to Council decision making processes. This is reflected in Te Ara Poutama to support Council meeting this obligation.

The priority areas relating to Māori outcomes and the goals set out under Te Ara Poutama, set a timeframe for delivering key initiatives and building partnership arrangements with Māori. Central to this work is the development and implementation of the Māori Initiatives Fund Policy (He Ara Taituarā) to further support Māori capacity and capability over the next three years. It was evident through the LTP submissions and presentations that the ability of tangata whenua to participate in Council decision-making and operations as kaitiaki, will require ongoing Council support.

As work in this area is progressed, it is anticipated that operational solutions and opportunities within other Activity Areas will be identified that will support an integrated Council approach to funding and resource requests from tangata whenua. This may include shared contribution from existing operational budgets or co-funding from existing Council funding mechanisms where capacity and capability initiatives deliver on other community outcomes. This will simplify the funding process for tangata whenua but will also provide for integrated decision-making across Council Activity Areas.

3.4 Community Engagement

Staff engaged directly with Toi Moana Bay of Plenty Regional Council Treaty Settlement Co-Governance Forums and the Pre-Settlement Forum during the LTP consultation process. Staff also engaged directly with iwi, hapū and Māori Land Trusts. The recommendations in this report identify Councils response to the engagement that was undertaken. Further engagement is also required with LTP submitters who sought funding for capacity and capability initiatives and may be eligible to receive funding under the Māori Initiatives Fund Policy as part of the implementation of the Policy in Year 1.

A Communications and Engagement Plan is required to ensure that the MIF is socialised to all tangata whenua in our region. Although staff will be engaging directly with LTP submitters who may be eligible for funding in Year 1, the fund is available for all tangata whenua in the region that meet the criteria in Year 2 and Year 3. The timeframes between the adoption of the draft Māori Initiatives Fund Policy and the end of the first financial year for Year 1 are relatively short, so effective and direct communication with tangata whenua on the Māori Initiatives Fund Policy is essential.

3.5 Financial Implications

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

4. Next Steps

Following direction from this meeting, staff will finalise the draft Regional Co-Governance Secretariat Fund Policy and the draft Māori Initiatives Fund Policy and begin implementation. The policies will be socialised with support from the Strategic Communications Team.

Attachments

Attachment 1 - Draft Regional Co-Governance Secretariat Fund (Aronga Ngatahi) Policy ⇩

Attachment 2 - Draft Maori Initiatives Fund (He Ara Taituara) Policy ⇩



Report To:	Regional Council
Meeting Date:	23 October 2024
Report Writer:	Oliver Haycock, Director, Public Transport and Simon Bell, Transport Systems Team Leader
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	For Regional Council to consider the cessation of Regional Tertiary Contracts

Bay of Plenty Regional Tertiary Contracts

Executive Summary

Bay of Plenty Regional Council contract the operation of Regional Tertiary Commuter Services for tertiary students and commuters from Whakatāne, Rotorua and Katikati to Tauranga, as well as from Murupara and Tauranga to Rotorua.

These services are underpinned by a funding model between BOPRC and two tertiary institutions: Toi Ohomai (TO) and University of Waikato (UoW). These services currently receive 51% funding assistance (FAR) from NZTA Waka Kotahi.

In the recently announced National Land Transport Fund (NLTF), NZTA Waka Kotahi confirmed that FAR for these services will cease at the end of the 2024 calendar year.

Retaining these services beyond the end of 2024 would therefore require a funding shortfall to be overcome. This equates to an additional unbudgeted expenditure for Regional Council of approximately $280,000 per annum.

This matter was presented to the 24 September 2024 meeting of the Public Transport Committee (PTC), where it was resolved to recommend to the Regional Council that the Regional Tertiary Services be ceased at the end of the 2024 calendar year.

Recommendations

That the Regional Council:

1 Receives the report, Bay of Plenty Regional Tertiary Contracts.

2 Notes the Public Transport Committee resolution made on 24 September 2024 to endorse the recommendation to Regional Council that the Bay of Plenty Regional Tertiary Commuter services cease at the end of 2024.

3 Approves that the Bay of Plenty Regional Tertiary Commuter services cease at the end of 2024.

1. Introduction

Since February 2020, Bay of Plenty Regional Council have contracted the operation of Regional Tertiary Commuter Services across the Bay of Plenty region.

These services were established to improve accessibility for students attending tertiary institutes and to remove barriers to tertiary learning. Other members of the public can also use these services, as they offer a connection between regional centres. They are marketed as “Tertiary and Commuter Services”.

The services are currently free for tertiary students. The intention was to introduce fares from the start of the 2025 academic year, as confirmed by the resolution made by the Public Transport Committee on 20 March 2024.

Utilisation of the services has increased over the three years of operation but remains low, averaging between 4 and 6 passengers per trip, dependant on route.

The services were approved based on an agreed funding model between BOPRC and two tertiary services providers, Toi Ohomai (TO) and University of Waikato (UOW). These services currently receive 51% funding assistance (FAR) from NZTA Waka Kotahi.

In the recently announced National Land Transport Fund (NLTF), NZTA Waka Kotahi confirmed that FAR for these services will cease at the end of the 2024 calendar year. For the services to continue in the 2025 calendar year, alternative funding will need to be sourced.

At the time of writing this paper, neither of the tertiary institutes have formally committed to continue to provide their contribution to the cost of the services beyond the end of the current academic year.

Due to the low usage of these services and lack of ongoing financial support from NZTA, staff recommended that the Public Transport Committee consider ceasing the provision of these services at the end of the 2024 calendar year. At the PTC meeting on 24 September 2024, it was resolved to recommend to the Regional Council that the Regional Tertiary Services be ceased at the end of the 2024 calendar year.

Staff have worked closely with representatives from the tertiary institutes over recent months and they have been informed of the recommendations made by the PTC on 24 September 2024.

1.1 Legislative Framework

BOPRC is responsible for funding and contracting public transport services under Part 5 of the Land Transport Management Act 2003 (LTMA).

The overall purpose of the LTMA is to contribute to an effective, efficient, and safe land transport system in the public interest. Section 115 of the LTMA includes a set of principles that are intended to guide the actions of regional councils in undertaking their public transport functions.

1.2 Alignment with Strategic Framework

Connected and enabled communities

Goal 8 Communities are connected through an effective transport system, land use and urban design that improves wellbeing, livability and environmental outcomes.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Negative

þ Cultural

Low - Negative

þ Social

Low - Negative

þ Economic

Low - Negative

Ceasing the services would have a negative impact across the dominant well beings. However, these have been assessed as “low” due to the low utilisation of the tertiary services.

2. Bay of Plenty Regional Tertiary Contracts

2.1 Key Governance Decisions

The subsections below outline the key governance decisions relating to the provision of regional tertiary services.

2.1.1 Annual Plan 2020: Project Scope – Trial Commuter Service June 2019

During the 2020 Annual Plan deliberations, Council agreed to fund the tertiary services subject to a funding model with tertiary providers. Staff were directed to pursue a cost sharing agreement with the tertiary providers and utilise the funding assistance rate (FAR) from NZTA.

2.1.2 Annual Plan 2021

At the Annual Plan deliberations in May 2021, Council included free fares for tertiary students in the Annual Plan, subject to contribution being provided by the appropriate tertiary institutions.

2.1.3 Regional Council, May 2024

On 28 May 2024, Regional Council agreed to retain the Tertiary Services and introduce tertiary student fares at 60% of the adult fare from 2025. This agreement was predicated on the existing funding model (between NZTA, Regional Council and Tertiary Institutes) continuing.

2.1.4 Public Transport Committee, September 2024

On 23 September 2024, the Public Transport Committee endorsed the recommendation that the Bay of Plenty Regional Tertiary Commuter services cease at the end of 2024.

2.2 Routes Operated

The following routes make up the Tertiary and Commuter Services:

Route	Departure Times	Institute Serviced
101: Whakatane – Tauranga	Whakatāne – Tauranga – 6.50am	University of Waikato
101: Whakatane – Tauranga	Tauranga – Whakatāne – 4.40pm	Toi Ohomai
102: Rotorua – Tauranga	Rotorua – Tauranga – 6.55am	University of Waikato
102: Rotorua – Tauranga	Tauranga – Rotorua – 5.05pm	Toi Ohomai
103: Katikati – Tauranga	Katikati – Tauranga – 7.20am	University of Waikato
103: Katikati – Tauranga	Tauranga – Katikati – 4.45pm	Toi Ohomai
104: Murupara - Rotorua	Murupara to Rotorua – 7.22am	Toi Ohomai
104: Murupara - Rotorua	Rotorua – Murupara – 5.10pm	Toi Ohomai
105: Tauranga - Rotorua	Tauranga - Rotorua – 7.05am	University of Waikato
105: Tauranga - Rotorua	Rotorua - Tauranga – 4.50pm	Toi Ohomai

2.3 Patronage

The table below shows that total patronage for the Tertiary & Commuter Services was 12,612 in 2023/24. While this represents a 42% increase on prior year, the services remain under-utilised, carrying only 5.7 passengers per trip on average.

The low utilisation in 2023/24 resulted in a subsidy $43.52 per passenger carried.

Year	Total Patronage by year	Average passengers per trip	Average passengers per day	Utilisation (% seats occupied)
2019/20	2,806	1.3	9	4%
2020/21	8,974	4.1	29	11%
2021/22	6,247	2.8	20	8%
2022/23	8,821	4.0	29	11%
2023/24	12,612	5.7	41	16%

The table below shows the patronage for each of the services in 2023/24.

Route	Total Patronage 2023/24	Average Patronage Per Day	Average Patronage Per Trip
101: Whakatane – Tauranga	3,250	10.6	5.3
102: Rotorua – Tauranga	2,297	7.5	3.7
103: Katikati – Tauranga	2,026	6.6	3.3
104: Murupara - Rotorua	2,419	7.9	3.9
105: Tauranga - Rotorua	2,620	8.5	4.3
Total	12,612	41	5.7

2.4 Farebox Recovery Ratio

77% of patronage on the tertiary services is students, who currently travel for free. The other 23% of passengers pay a standard or concession fare. The resultant farebox recovery ratio is low, averaging 2.5%.

Council directed staff to introduce tertiary student fares at 60% of the adult fare from 2025. This would result in a potential increase in farebox recovery to 9.4% in 2025, based on data from the 23/24 financial year. The funding shortfalls presented in this report are inclusive of forecast revenue.

3. Options Considered

Staff considered the following options in relation to the provision of tertiary services.

3.1 Retain the Service

Retaining the service would require the net funding shortfall of $277,654 per year to be overcome. The following options have been considered.

3.1.1 Additional Funding from Regional Council

Additional funding for tertiary services was not included in Regional Council’s Long Term Plan 2024-34 and would therefore be an unbudgeted expense.

In this scenario, it has been assumed that the net $277,654 shortfall would be shared between the Regional Council and tertiary institutes proportionally based on the current funding split. This equates to an additional contribution of $138,827 by Regional Council.

Regional Council has budgeted to contribute $133,383 per year for the provision of tertiary services throughout the current LTP period. Funding the shortfall would increase Council’s total contribution to these services to $272,241 per year.

3.1.2 Additional Funding from Tertiary Institutes

At the time of writing this paper, neither Toi Ohomai nor University of Waikato have formally agreed to continue with their existing financial contribution towards the services beyond the end of 2024.

On the assumption that existing contributions continue, Toi Ohomai would be required to contribute an additional $179,659 and University of Waikato an additional $92,551.

It should be noted that if the tertiary institutes do not agree to fund a proportion of the shortfall, Regional Council would be required to fund the full $277,654. Furthermore, if the tertiary institutes do not agree to continue to provide their existing contribution, the full cost of delivering these services would fall to Regional Council, at an estimated cost of $544,420 per year, of which $411,037 is unbudgeted.

3.2 Rationalise the Service

Rationalising the existing services is challenging, given that each of the 5 routes only operates one return trip per day, and are timetabled to arrive/depart the institutes at convenient times for students. This means that decision to operate each service is somewhat binary – they either run or they do not.

Rationalisation has been considered where there is a viable alternative service that students could utilise. The alternate services are shown in the table below.

Tertiary Service	Alternative Service
101: Whakatane – Tauranga	143b. This service does not arrive in Tauranga CBD until 11:45am and departs at 2:05pm – of limited use to students.
102: Rotorua – Tauranga	There is no alternative service between Rotorua and Tauranga.
103: Katikati – Tauranga	80 / 81. 6 inbound/outbound services per day, with the earliest arrival in Tauranga CBD at 7:40am and last departure at 5:15pm. Serves UoW campus well. Toi Ohomai students would need to connect with Route 55 out to Windermere.
104: Murupara - Rotorua	15 / 15a. Operates Tuesday, Thursday, Friday and Saturday – currently no Sunday & Monday service. Currently not routed via Toi Ohomai. Arrives in Rotorua at 10:20am and departs 1:30pm – of limited use to students.
105: Tauranga - Rotorua	There is no alternative service between Tauranga and Rotorua.

The only tertiary service with a viable alternative service is the 103: Katikati – Tauranga. However, the alternate service does not offer a connection to Toi Ohomai campus, and the timetable does not allow sufficient time for this to be accommodated.

Some retiming of the 15 / 15a service could enable connectivity between Murupara – Rotorua for tertiary students impacted by the removal of 103, but this would likely be at the inconvenience of existing passengers, many of which utilise the 15 / 15a for grocery shopping in Rotorua.

For the other three services, there is no viable public transport alternative for tertiary students.

3.3 Cease the Service

Removing the tertiary services at the conclusion of the 2024 calendar year would allow Regional Council to realise a net saving of $133,383 per year.

A complete removal of tertiary services would leave no inter-regional connection between Tauranga and Rotorua. For the other routes, travel alternatives are available, but all deliver a lower level of service when compared to the current situation.

Elsewhere in New Zealand, there is a precedent for tertiary institutes to privately contract services to provide access to education. There are examples of this occurring in the Bay of Plenty. Toi Ohomai privately contracts services operating between Rotorua – Whakatane, as well as Tūrangi / Taupo – Rotorua. University of Waikato privately contracts a service that operates several times per day between Hamilton and Tauranga.

4. Staff Recommended Option

Due to the low usage of these services and lack of ongoing financial support from NZTA, staff recommend ceasing the provision of these services at the end of the 2024 calendar year. This option was endorsed by the Public Transport Committee on 24 September 2024.

The contracts with the bus operators also expire at the end of December 2024, so there is no financial penalty for ceasing the service at this point.

5. Considerations

5.1 Risks and Mitigations

The removal of these services will increase the barriers to tertiary education, and reduce the intra-regional connectivity for commuters, specifically between Tauranga and Rotorua.

Clear and timely communications can support current bus users by providing time for alternative travel arrangements to be made.

Furthermore, there is the option for the tertiary institutes to provide services privately. Both institutes provide private services elsewhere in the Bay of Plenty, setting a precedent for this way of operating.

As directed by the Public Transport Committee, staff continue to work with the operator of Route 81 (Tauranga – Katikati public service) to investigate potential scheduling changes to partially mitigate the removal of tertiary service 103.

Staff have been invited to attend the next Whakatāne District Council Murupara Community forum in November to engage with Iwi at Murupara about the removal of tertiary service 103.

5.2 Climate Change

The provision of public transport services is inherently supportive of climate change mitigation.

The recommendations in this paper will likely reduce the use of public transport and make alternative modes such as private vehicles – that are generally higher emitting – more attractive.

5.3 Implications for Māori

The cessation of the services could impact on Māori accessibility to tertiary education from communities that are geographically distant to Rotorua and Tauranga.

5.4 Community Engagement

Consider identifying in the report:

INFORM

Whakamōhio

To provide affected communities with balanced and objective information to assist them in understanding the problems, alternatives and/or solutions.

5.5 Financial Implications

The staff recommended option of ceasing tertiary services at the conclusion of the 2024 calendar year would allow Regional Council to realise a net saving of $133,383 per year, when compared to Long Term Plan budgets.

If Council approve the recommendation there would be a reduction in the draft budget requirement for 2025/26. This will be included in version 1 of the draft budget presented at the November Annual Plan 2025/26 workshop.

6. Next Steps

Subject to Council approval to cease the Tertiary & Commuter Services, staff will work with bus operators to formally terminate the agreements at the end of the current contract term.

Staff will work with tertiary providers to communicate the change to customers and communities in time for the term start in 2025 by implementing a robust communications strategy, including:

a) External communications with local media and affected communities.

b) Staff to liaise with representatives at both tertiary institutions for the purpose of supporting their internal communications with their student cohort.

c) The Baybus website changed to reflect the cessation of the service.

d) Staff to attend the Whakatāne District Council Murupara Community forum on 19 November to discuss the changes with Iwi at Murupara.

At the direction of the PTC, staff will continue to work with the operator of Route 81 (Tauranga – Katikati public service) to investigate potential scheduling changes to partially mitigate the removal of tertiary service 103.

It is proposed that the progress of this work be reported to the next meeting of the Public Transport Committee.



Report To:	Regional Council
Meeting Date:	23 October 2024
Report Writer:	Graeme Howard, Corporate Planning Lead; Pim De Monchy, Coastal Catchments Manager; Courtney Bell, Team Leader, Coastal Catchments and Hayden Schick, Land Management Officer
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	This report seeks Council direction on a request for funding to improve Summerhill carpark from Summerhill Charitable Trust.

Summerhill Charitable Trust - Community Funding Request

Executive Summary

Summerhill Charitable Trust have requested Council funding to assist in improving and increasing the capacity of the car park at Summerhill. Summerhill is a 130 hectare farm and forest and is located on the western boundary of the Pāpāmoa Hills Cultural Heritage Regional Park (Regional Park) and serves as an alternative entrance to the Regional Park.

The total cost of the project is approximately $130,000 + GST.

Recommendations

That the Regional Council:

1 Receives the report, Summerhill Charitable Trust - Community Funding Request.

2 Approves one of the following options for the funding request from Summerhill Charitable Trust:

(a) Decline the funding request (staff recommended option).

(b) Approve the transfer of a total of $100,000 ($50,000 in 2024/25 and $50, 000 in 2025/26) of the unallocated budget from the Community Initiative Fund budget to the Regional Parks Activity budget.

3 Notes that any increase to the Regional Parks Budget under 2(b) would be used to support the improvement of the car park at Summerhill, and therefore improved access to the Pāpāmoa Hills Regional Park.

4 Requests that Te Uepu, the decision-making entity for the Regional Park, progress a partnership agreement with Summerhill Trust.

1. Introduction

Through the Long Term Plan 2024-2034, Council received a submission from Summerhill Charitable Trust seeking Council funding of approximately $369,000 to improve and increase the capacity of the car park at Summerhill, a 130 hectare farm and forest located on Reid Road in Welcome Bay.

Summerhill is located on the western boundary of the Pāpāmoa Hills Cultural Heritage Regional Park (Regional Park). It functions as the Regional Park’s alternative entrance with an increasing number of visitors parking in the Trust’s carpark and walking across flat farmland to reach the Regional Park boundary.

The funding request was seeking to improve the car park infrastructure at Summerhill. Through LTP Deliberations, Council confirmed that there was ‘no budgeted provision for new capital infrastructure funding requests at this stage’, as a result the funding request was declined.

1.1 Alignment with Strategic Framework

Alignment to Community Outcomes
A Healthy Environment/He taiao ora	ü
Future ready communities/He hapori mata-hī awatea
Connected communities/He hapori tūhono	ü
Sustainable development/He whanaketanga mauri tū roa	ü
The Pursuit of Excellence/Te Ara Poutama	ü

Improving the access to Summerhill and therefore the Regional Park aligns with Councils Community Outcomes, in particular; A Healthy Environment and Connected and Enabled Communities.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

Improving the access to Summerhill and therefore the Regional Park aligns with all aspects of Community Wellbeing.

2. Assessment

2.1 Summary of project

Summerhill Charitable Trust is seeking Council funding to assist in improving the quality and capacity of the car park at Summerhill.

The project will include resurfacing and improved definition of car park spaces, improved drainage and better visibility to cars entering and exiting the carpark.

The total cost of the project is approximately $130,000 + GST.

2.1.1 Staff analysis

Upgrading the quality and capacity of the Summerhill carpark will improve the visitor experience to users of both Summerhill and the Regional Park.

A number of Regional Park visitors exclusively use the Summerhill carpark due to the easier access to the summit. Council monitoring (see below) highlights that there has been a significant increase in the number of people accessing the Papamoa Regional Park. Spreading Regional Park users over multiple entrances helps to reduce demand on the entrance and carpark at Poplar Lane.

· Pāpāmoa Hills Regional Park visitor numbers

Since the Pāpāmoa Hills Poplar Carpark upgrades were completed in November 2023, Pāpāmoa Hills users have more than doubled.

During 2023/24 there were nearly 200,000 visitors to the Regional Park, of which 8.4% entered via Summerhill. That equates to an average of just over 1,200 visitors per month (or around 30-40 per day) entering Pāpāmoa Hills from the Summerhill carpark, bearing in mind that these numbers vary a lot depending on the weather, the day of the week and the season.

The below graphs show the number of pedestrian numbers that cross the boundary from Summerhill to Pāpāmoa Hills (highlighted) compared with the total visitor numbers from all entry points. It should be noted that the increase in visitor numbers to Pāpāmoa via Summerhill has been less than the increase from Poplar Lane.

Number of Visitors to Pāpāmoa Hills Regional Park, by month

A graph of different colored bars

Description automatically generated

2.1.2 Deliverability

Summerhill have explored alternative solutions to reduce costs and have stated they can now complete the carpark at a cost of approximately $130,000. Staff consider that this may be ambitious given original estimates costed the work at $369,000. However, Summerhill have carried out due diligence and spoken to contractors to arrive at the revised cost. The major reduction in cost has been found by changing the surface material from asphalt to chip seal. It is understood the durability is similar however maintenance of chipseal may be higher.

Summerhill would like to progress with the carpark upgrade this calendar year due to its currently degraded state, and also to take advantage of spring/summer weather conditions.

Summerhill have liaised with local contractors for construction costings and timelines therefore understand the contractors can have the carpark upgrade completed before Christmas if funding is confirmed in a timely manner.

2.2 Funding Options

The request from Summerhill Trust is seeking funding to improve the infrastructure at Summerhill. Staff note Council’s clear position on there being no ‘no budgeted provision for new capital infrastructure funding requests’ at the time of LTP deliberations. As a result the Staff recommendation is not to fund this request.

However, the request from Summerhill Trust supports access to the Regional Park in Pāpāmoa and the work would therefore support Council’s Regional Parks Activity. Council could consider providing a funding contribution via the Regional Park activity.

The Regional Parks activity budget is currently fully committed. However, due to a CIF project that received funding via the LTP no longer going ahead (refer paragraph 2.2.1 below). Council could decide to transfer part of the unallocated budget from the CIF budget to the Regional Parks Activity.

If Council decide to transfer funding to the Regional Parks budget, staff recommend a total of $100,000 ($50,000 in 2024/25 and $50,000 in 2025/26) as shown below.

Budget	2024/25	2025/26	2026/27
Community Initiatives Fund (CIF)	$300,000	$300,000	$300,000
Transfer to Regional Parks Activity	-$50,000	-$50,000
Revised CIF Budget	$250,000	$250,000	$300,000

Regional Parks Activity (Grants)	$5,000	$5,000	$5,000
Transfer from CIF	$50,000	$50,000
Revised Budget	$55,000	$55,000	$5,000
Net impact	$0	$0	$0

Staff also recommend that a partnership agreement is progressed with Summerhill Trust to formalise our relationship. Te Uepu, our decision-making entity for the Regional Park, could oversee the development of this document which would formalise the access to the Regional Park via Summerhill, together with principles setting out how the organisations work together going forward.

Staff have been in contact with other funders to determine if they are able to contribute:

- Tauranga City Council (TCC) had advised at the time of this report that they did not have capacity in their budget to support this work.

- TECT have a current grant underway with Summerhill for the new community hub via their Community Facilities Fund, TECT advise that Summerhill can’t reapply for more funding until the current project is completed in 2025.

2.2.1 CIF Funding allocated to Sustainable BOP Trust not proceeding.

Council allocated the available funding for Councils Community Initiatives Fund (CIF) through deliberations and adoption of the Long Term Plan 2024-2034.

Sustainable Bay of Plenty Charitable Trust (SBOP Trust), who were allocated CIF funding of $50,000 per annum for the next three years, have recently confirmed that they will not be operating in the same way as they previous three years and will not be taking up the funding allocated to them.

As a result, Councils Community Initiatives Fund has $150,000 funding available for Councillors to allocate over the three-year 2024/25 to 2026/27 period.

3. Considerations

3.1 Risks and Mitigations

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

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

Council works in partnership with mana whenua to support the vision of the park. Te Uepu is the decision-making entity for the Regional Park and is made up of representatives from Regional Council, Waitaha, Ngā Pōtiki, Ngāti Pūkenga and Ngāti Hē.

Improving the Car park at Summerhill will support the communities access to and use of the Regional Park.

3.4 Community Engagement

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

3.5 Financial Implications

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

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 unbudgeted financial implications as a result of this paper. Funding options for this funding request are set out in paragraph 2.2.

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 this meeting staff will act on the direction from Council.

Attachments

Attachment 1 - Sustainable BOP Trust - Public Statement - September 2024 ⇩



Report To:	Regional Council
Meeting Date:	23 October 2024
Report Writer:	Graeme Howard, Corporate Planning Lead
Report Authoriser:	Reuben Fraser, General Manager, Regulatory Services
Purpose:	Seek approval to delegate signing authority for the Regional Safety and Rescue Service funding agreement with Royal New Zealand Coastguard.

Royal New Zealand Coastguard - Regional Safety and Rescue Service Funding Agreement

Executive Summary

Regional Council provides centralised funding to the Royal New Zealand Coastguard Incorporated (Coastguard NZ) to support the provision of a marine search and rescue response service 24/7, 365 days a year across the Bay of Plenty region through the Regional Safety and Rescue Service Fund (RSRSF).

Funding was confirmed by Council through its deliberations and the adoption of its Long Term Plan 2024-2034. Total funding allocated to Coastguard NZ for the three-year period from 2024/25 to 2026/27 is $614,880 plus GST. The total value of the funding agreement exceeds the financial delegation of the Chief Executive.

This report seeks Council approval to delegate to the Chief Executive authority to sign and approve all appropriate contract documentation for the RSRS funding agreement with Coastguard NZ for the period covering the three-year period 2024/25 to 2026/27.

Recommendations

That the Regional Council:

1 Receives the report, Royal New Zealand Coastguard - Regional Safety and Rescue Service Funding Agreement.

2 Notes that the total funding allocated to Royal New Zealand Coastguard for the three-year period from 2024/25 to 2026/27 is $614,880 plus GST and was confirmed though Council Deliberations and adoption of the Long Term Plan 2024-2034.

3 Delegates to the Chief Executive authority to sign and approve all appropriate contract documentation for the Regional Safety and Rescue Service funding agreement with Royal New Zealand Coastguard for the three-year period from 2024/25 to 2026/27.

1. Introduction

The Regional Safety and Rescue Services fund (RSRSF) was created by Council following public consultation through the Long Term Plan (LTP) 2021-2031. This was to enable a centralised approach to fund RSRS services in the Bay of Plenty Region.

Through its deliberations on the LTP 2024-2034, Council confirmed the total funding available for the RSRSF and the funding allocated to each recipient, subject to funding agreements being completed.

Council allocated $200,000 + GST to Royal New Zealand Coastguard Incorporated (Coastguard NZ) in 2024/25, increasing in line with inflation in 2025/26 and 2026/27 as shown in the table below.

Organisation	2024/25	2025/26	2026/27
Coastguard NZ	$200,000	$205,420	$209,460

1.1 Alignment with Strategic Framework

Alignment to Community Outcomes
A Healthy Environment/He taiao ora
Future ready communities/He hapori mata-hī awatea	ü
Connected communities/He hapori tūhono
Sustainable development/He whanaketanga mauri tū roa
The Pursuit of Excellence/Te Ara Poutama

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

þ Social

þ Economic

2. Coastguard NZ Funding Agreement 2024/25 to 2026/27

2.1 Funding agreement development

Following the adoption of the LTP 2024-2034, Council staff have worked with Coastguard NZ to confirm the terms and conditions of the funding agreement for the next three years. A summary of the agreed deliverables are below and a copy of the draft funding agreement is included as Attachment 1.

2.1.1 Summary of key deliverables and reporting

The key deliverables to be provided are consistent with what was set out in the funding application. The agreement includes provision to deliverables at the beginning of each Council financial year.

Key deliverables

Provide and maintain emergency marine search and rescue response service 24/7, 365 days a year, as well as associated services across the Bay of Plenty region, delivered through the following Coastguard units:

· Maketu

· Opotiki

· Rotorua Lakes

· Tauranga

· Waihau Bay (Communications unit only)

· Whakatane

· Waihi Beach

Funding to contribute to:

· Unit Operational and Maintenance costs – in particular, fuel, repairs, and maintenance costs.

· Coordination of regional marine search and rescue services and Volunteer support costs.

Progress Reports

Coastguard NZ are to provide twice yearly progress Reports, funding instalments are tied to the receipt of reports. Reports are to include:

· Summary of activity over the reporting period

· Copies of the Annual Unit Performance reports (or similar) once they are available.

For reference, the final report provided by Coastguard NZ under the 2022-2024 RSRS funding agreement is included as Attachment 2.

2.1.2 Delegating authority to sign and approve funding agreement

Due to the new funding agreement with Coastguard NZ extending over three years, the total value of the funding agreement exceeds the financial delegation of the Chief Executive.

3. Considerations

3.1 Risks and Mitigations

Delegating authority to sign the funding agreement to the Chief Executive will support the Coastguard NZ to provide and maintain emergency marine search and rescue response service across the Bay of Plenty region.

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 directly.

3.3 Implications for Māori

Provision of emergency marine search and rescue response services across the Bay of Plenty region benefits all potential users of those services including Māori.

3.4 Community Engagement

Council confirmed funding allocated to Coastguard NZ through its deliberations and adoption of the Long Term Plan 2024-2034. The Long Term Plan followed the special consultation process as set out under section 83 of the Local Government Act 2002.

3.5 Financial Implications

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

4. Next Steps

Subject to Council approving the recommendations in this report, the draft contract will be signed by the Chief Executive and the initial payment made to support Coastguard NZ to provide and maintain emergency marine search and rescue response service across the Bay of Plenty region.

Attachments

Attachment 1 - RSRSF Coastguard NZ Funding Agreement 2024 - DRAFT ⇩

Attachment 2 - Final Report Coastguard BOPRC RSRS Fund 2024 ⇩



Report To:	Regional Council
Meeting Date:	23 October 2024
Report Writer:	Graeme Howard, Corporate Planning Lead
Report Authoriser:	Reuben Fraser, General Manager, Regulatory Services
Purpose:	Seek approval to delegate signing authority for the Regional Safety and Rescue Service funding agreement with Surf Lifesaving New Zealand to the Chief Executive.

Surf Lifesaving New Zealand - Regional Safety and Rescue Service Funding Agreement

Executive Summary

Regional Council provides centralised funding to Surf Lifesaving New Zealand (SLSNZ) for a paid lifeguard service on Western Bay, Whakatāne and Ōpōtiki District Council beaches over the summer period through the Regional Safety and Rescue Service Fund (RSRSF).

Funding was confirmed by Council through its deliberations and the adoption of its Long Term Plan 2024-2034. Total funding allocated to SLSNZ for the three-year period from 2024/25 to 2026/27 is $1,076,040 plus GST. The total value of the funding agreement exceeds the financial delegation of the Chief Executive.

This report seeks Council approval to delegate to the Chief Executive authority to sign and approve all appropriate contract documentation for the RSRS funding agreement with SLSNZ for the period covering the three-year period 2024/25 to 2026/27.

Recommendations

That the Regional Council:

1 Receives the report, Surf Lifesaving New Zealand - Regional Safety and Rescue Service Funding Agreement.

2 Notes that the total funding allocated to Surf Lifesaving New Zealand for the three-year period from 2024/25 to 2026/27 is $1,076,040 plus GST and was confirmed though Council Deliberations and adoption of the Long Term Plan 2024-2034.

3 Delegates to the Chief Executive authority to sign and approve all appropriate contract documentation for the Regional Safety and Rescue Service funding agreement with Surf Lifesaving NZ for the three-year period from 2024/25 to 2026/27.

1. Introduction

Through its deliberations on the LTP 2024-2034, Council confirmed the total funding available for the RSRSF and the funding allocated to each recipient, subject to funding agreements being completed.

Council allocated $350,000 to Surf Lifesaving NZ in 2024/25, increasing in line with inflation in 2025/26 and 2026/27 as shown in the table below.

Organisation	2024/25	2025/26	2026/27
Surf Lifesaving NZ (Excl. Tauranga)	$350,000	$359,485	$366,555

* Note: Tauranga City Council fund Tauranga based Surf Lifesaving services directly

1.1 Alignment with Strategic Framework

Alignment to Community Outcomes
A Healthy Environment/He taiao ora
Future ready communities/He hapori mata-hī awatea	ü
Connected communities/He hapori tūhono
Sustainable development/He whanaketanga mauri tū roa
The Pursuit of Excellence/Te Ara Poutama

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

þ Social

þ Economic

2. Surf Lifesaving New Zealand Funding Agreement 2024/25 to 2026/27

2.1 Funding agreement development

Following the adoption of the LTP 2024-2034, Council staff have worked with SLSNZ to confirm the terms and conditions of the funding agreement for the next three years. SLSNZ have confirmed the service schedule for the paid lifeguard service on Western Bay, Whakatāne and Ōpōtiki District Council beaches for 2024/25 (draft included as Attachment 1).

2.1.1 Service Delivery Schedule 2024/25

The services to be provided are consistent with services provided in 2023/24 and are summarised below.

Service to be Provided

Performance Measure

To provide paid lifeguard service on the Western Bay District Council beaches.

All lifeguards are qualified to approved standards.

Provide development support to local surf clubs.

Support activities that provide development opportunities for the following organisations:

· Waihi Beach Life Saving

· Island View (Satellite location)

· Bowentown (Satellite location)

· Maketu Surf Lifesaving Club

· Pukehina Surf Rescue

· Opotiki Surf Life Saving Club

· Whakatāne Surf Life Saving Club

To respond and action where possible, public requests for assistance in regard to safety on the beaches specified.
Location	# of Weeks	Estimated days	Approximate Dates
Waihi Beach	6.8	34	16/12/24 – 02/02/25
Island view	6.3	44	21/12/24 - 02/02/25
Bowentown	6.3	44	21/12/24 - 02/02/25
Maketu	2.1	15	23/12/24 – 05/01/25
Pukehina	4	20	23/12/24 – 19/01/25
Ōhope	5	25	23/12/24 – 26/01/25
Ōhope Campground	5.3	37	21/12/24 – 26/01/25
Ōpōtiki	4	20	23/12/24 – 19/01/25

In addition, SLSNZ will be required to confirm services each summer and provide an annual report on service delivery as outlined below:

· Service Delivery Schedule Report: setting out the confirmed updated service delivery schedule ahead of the 2025/26 and 2026/27 summer, agreed by SLSNZ with relevant Surf Clubs.

· Annual Service Delivery Report: Report to Bay of Plenty Regional Council showing performance and achievements in relation to the previous Summer Season.

For reference, the Annual Report provided by SLSNZ for 2023/24 is included as Attachment 2.

2.1.2 Delegating authority to sign and approve funding agreement

Due to the new funding agreement with SLSNZ extending over three years, the total value of the funding agreement exceeds the financial delegation of the Chief Executive.

This report seeks Council approval to delegate to the Chief Executive authority to sign and approve all appropriate contract documentation for the RSRS funding agreement with Surf Lifesaving NZ for the three-year period from 2024/25 to 2026/27.

3. Considerations

3.1 Risks and Mitigations

Delegating authority to sign the funding agreement to the Chief Executive will enable the continued provision of a paid lifeguard service on Western Bay, Whakatāne and Ōpōtiki District Council beaches for the next three summers.

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 directly.

3.3 Implications for Māori

Provision of Surf Lifesaving services benefit all users of the beaches where they operate.

3.4 Community Engagement

Council’s decision to allocate the level of funding to Surf Lifesaving NZ included consideration of the submission from Surf Lifesaving NZ that was received through the Long Term Plan 2024-2034 consultation process.

3.5 Financial Implications

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

4. Next Steps

Subject to Council approving the recommendations in this report, the funding agreement will be signed by the Chief Executive and the initial payment made to enable the provision of the lifeguard service on Western Bay, Whakatāne and Ōpōtiki District Council beaches.

Attachments

Attachment 1 - RSRSF Surf Lifesaving NZ Funding Agreement DRAFT ⇩

Attachment 2 - SLSNZ_BOP Regional Council_Report_2023-2024 ⇩



Report To:	Regional Council
Meeting Date:	23 October 2024
Report Writer:	Jo Watts, Senior Planner (Water Policy); Nicola Green, Principal Advisor, Policy and Planning; Stephen Lamb, Natural Resources Policy Manager and James Low, Team Leader Policy (Freshwater)
Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science
Purpose:	To seek the approval of Council to release the Draft Regional Policy Statement Change 7 (Freshwater) and Draft Regional Natural Resources Plan Change 19 (Freshwater) for feedback.

Approval to release Draft Regional Policy Statement Change 7 (Freshwater) and Draft Regional Natural Resources Plan Change 19 (Freshwater)

Executive Summary

Toi Moana Bay of Plenty Regional Council has been working on review of land and water parts of the Regional Policy Statement and Regional Natural Resources Plan, and implementation of the National Policy Statement for Freshwater Management for more than 10 years.

On 17 September 2024, the Strategy and Policy Committee extensively debated the advantages and disadvantages of releasing the draft changes for targeted stakeholder feedback in November 2024, in light of national policy and regulatory uncertainty. The Committee agreed to the ‘progress and pivot’ option including releasing the draft changes - and to support these with a Farming Discussion Document that utilised a Councillor Working Group in its development.

Consultation material, the Draft Regional Policy Statement Change 7 (Freshwater) and Draft Regional Natural Resources Plan Change 19 (Freshwater) are now ready to release to the public as drafts for feedback. The Farming Discussion Document (options for reducing contaminant losses from farming land use) will also be released in parallel, following stakeholder testing.

Release of drafts is the best way to transparently share the material developed as a result of investment in this project to date. It is also the best way to gauge what people want Council to do, given changes in our operating environment, and to get quality feedback on matters of detail. Using this information and the anticipated further understanding of Central Government direction will help inform future Council decisions in March/April 2025.

These documents are the culmination of several years of review and development work, made more complex by multiple government policy and regulatory changes and shifting case law. While these are only drafts for feedback – and are not final policy positions - this is a huge milestone for Council to reach.

Recommendations

That the Regional Council:

1 Receives the report, Approval to release Draft Regional Policy Statement Change 7 (Freshwater) and Draft Regional Natural Resources Plan Change 19 (Freshwater);

2 Approves the release for feedback of the consultation material, Draft Regional Policy Statement Change 7 (Freshwater) and Draft Regional Natural Resources Plan Change 19 (Freshwater);

3 Endorses the release of a series of short information sheets that guide readers to key change topics and draft policy and rule numbers in the above documents and ask some questions to stimulate feedback;

4 Notes the intended feedback period is from 4 November until 31 January 2024.

5 Delegates to the General Manager Strategy and Science the ability to make minor amendments and corrections to those drafts prior to their release;

6 Endorses a Discussion Document on reducing contaminant losses from farming land use being released in the feedback period, following input from the Farming Working Group and stakeholder testing;

7 Approves the engagement approach outlined.

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 attachments:

(a) 1 -2024 10 17 S and P workshop_Attachment_policy topics under Section 48(1)(a)(i) Section 7 (2)(c)(i) as withholding the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied and that this attachment be released to the public on the Chief Executive’s approval.

(b) 2 - 2024 10 15 Draft Information Sheets - Feedback Documents - Freshwater Plan Change- ALL under Section 48(1)(a)(i) Section 7 (2)(c)(i) as withholding the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied and that this attachment be released to the public on the Chief Executive’s approval.

(c) Predraft RPS Change 7 (Freshwater) v1.3 - Embargoed draft under Section 48(1)(a)(i) Section 7 (2)(c)(i) as withholding the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied and that this attachment be released to the public on the Chief Executive’s approval.

(d) Predraft RNRP PC19 (Freshwater) v1.5 - Embargoed draft under Section 48(1)(a)(i) Section 7 (2)(c)(i) as withholding the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied and that this attachment be released to the public on the Chief Executive’s approval.

1. Introduction

Toi Moana Bay of Plenty Regional Council has been working on review of land and water parts of the Regional Policy Statement (RPS) and Regional Natural Resources Plan (RNRP), and implementation of the National Policy Statement for Freshwater management for the whole region since 2020 (and for some catchments in the region since 2012).

As a result of this, Draft Regional Policy Statement Change 7 (Freshwater) and Draft Regional Natural Resources Plan Change 19 (Freshwater) have been prepared.

On 17 September 2024, the Strategy and Policy Committee extensively debated the advantages and disadvantages of releasing the draft changes for targeted stakeholder feedback in November 2024 (as planned), particularly in light of pending national policy and regulatory amendments. The Committee agreed (by majority) to progress with:

1. Targeted release of the draft Regional Policy Statement change 7 (Freshwater) and draft Regional Natural resources Plan change 19 (Freshwater) for feedback in November and December 2024, excluding farming land use provisions from the draft plan change;

2. Targeted release of a discussion document about the options for farming/primary sector land use provisions at the same time (Farming Discussion Document);

3. Retaining the opportunity of notifying the whole proposed RPS and RNRP change in September 2025;

4. Staff preparing for the potential need to pivot to align with any new national direction.

This paper now seeks approval to release the draft RPS and RNRP changes and a Discussion Document on options for reducing contaminant losses from farming land use. A version of the RPS and RNRP change are attached, embargoed until the release date. The Farming Discussion Document will need to be tabled at the meeting and will be in near final draft form, subject to some end user sense testing.

1.1 Legislative Framework

The RPS and RNRP changes are developed in accordance with the Resource Management Act 1991. The Act does not directly require the release of a draft for consultation prior to the formal process that it does prescribe, for public notification of a proposed RPS and RNRP change, with a formal public submission and hearing process that follows. However, the Act (Cl.3, Schedule 1) does require consultation with the following parties during preparation of a proposed policy statement or plan:

1. the Minister for the Environment; and

2. other Ministers of the Crown who may be affected by the policy statement or plan; and

3. local authorities who may be affected; and

4. the tangata whenua of the area who may be so affected, through iwi authorities; and

5. any customary marine title group in the area.

Council may consult anyone else as well, and must do so in accordance with the principles of consultation in s.82 of the Local Government Act. In summary this includes:

1. Affected or interested people

a. should have reasonable access to information in an appropriate format;

b. should be given clear information about the purpose of consultation and the scope of decisions that will be made following consultation;

c. should be encouraged to present their views and given reasonable opportunity to do so;

d. should have access to a record of decisions made in response to feedback, and explanations.

2. Council should receive feedback with and open mind and give it due consideration in decision making.

The National Policy Statement for Freshwater Management 2020 has strong policy direction to involve tangata whenua and the community in the implementation of the NPSFM.

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	We listen to our communities and consider their values and priorities in our regional plans.
Safe and Resilient Communities
A Vibrant Region
The Way We Work	We honour our obligations to Māori.

The delivery of Freshwater related changes to the RPS and the RNRP is a major project of Council, included in our commitments in the Long Term Plan.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

The purpose of the draft RPS and RNRP changes is to improve the sustainable management of freshwater and land resources in this region. Feedback provides important information across all four well beings, enabling Council to better weigh up the costs and benefits of proposals, and the balances and trade offs between different values, before making decisions.

2. The draft RPS and RNRP changes

While the draft RPS and RNRP changes have no legal effect or weight, and they do not represent Council’s final position, they provide a clear signal of the direction that Council is heading in. They have been drafted in alignment with policy direction that Councillors have provided or approved in principle over the last 18 months at a series of briefings, workshops, and meetings.

These documents are the culmination of several years of review and development work, made more complex by multiple government policy and regulatory changes and shifting case law. While the drafts are just that, and there will be a need for ongoing amendment towards the next step of a notified version, this is a huge milestone to reach.

Release of these detailed drafts offers the best opportunity for stakeholders to provide specific and useful feedback that can inform Council prior to making final policy decisions (at the notification stage). There remains a large body of evaluation work to pull together prior to those decisions and notification of proposed documents, including consideration of national policy and regulatory amendments as they become more known and certain.

While the draft RNRP has been streamlined (for example reducing the number of objectives, policies and rules from approximately 425 to 245, and removing non-regulatory material), it is still a large document.

The table in Attachment 1 summarises policy topics and approaches. Colour coding identifies the matters of more significance.

3. Release of the drafts

3.1 Timeline

The timeline below assumes that Council agrees to the recommendations in this report.

Date	Event
23 October 2024	Council decision to release draft RPS change 7, draft RNRP plan change 19 and Farming Discussion Document in early November for targeted stakeholder feedback Nov-Dec 2024.
4-6 November 2024	Documents are released on the website, Participate goes live, Freshwater Flash is circulated, and letters/emails are sent to RMA Schedule 1, Clause 3 parties and other stakeholders
4 Nov – 23 Dec 2024	Engagement meetings
31 January 2025	Feedback period closes (allowing >40 working days excluding 20 December- 10 January)
Late February 2025	Engagement summaries and updates on government policy direction reported to Strategy and Policy Committee
March 2025	Staff report policy shifts in response to engagement and implications of likely/known Government policy direction to Council
March/April	Council decisions about future notification for proposed RPS and RNRP
Late March – June 2025	Decisions on recommended member/s of Freshwater Hearings Panel Assuming notification is September 2025: Workshops and meetings to approve policy positions
July/August	Decision to notify
September	Notification

3.2 What will be released?

Material that will be released on our draft RPS and RNRP freshwater change web pages includes:

· The draft RPS Change 7 (Freshwater) tracked changes and clean version, in PDF (see public excluded supporting document).

· The draft RNRP change 19 (Freshwater) tracked changes and clean version, in PDF, excluding land use provisions relating to diffuse contaminant losses from farming (see public excluded supporting document).

· The Discussion Document: Options for reducing diffuse contaminant losses from farming.

· A series of short Information Sheets/Feedback Documents for RPS and RNRP chapters and topics. These summarise some key changes and point the reader to policy and rule numbers, so that readers can focus on topics of most concern to them (embargoed draft copy is in public excluded Attachment 2).

· An On-site Effluent Treatment Manual that partners with the related rules.

· Links to documents identified to be incorporated by reference.

· Links to key published technical reports that are available now.

· A Participate page for feedback, which includes an online feedback tool for more detailed (provision by provision) feedback.

4. Considerations

4.1 Risks and Mitigations

Release of drafts is the best way to transparently share the material developed as a result of investment in this project to date. It is also the best way to gauge what people want Council to do, in the face of all of the issues above, and to get quality feedback on matters of detail to inform future decisions. The 17 September Strategy and Policy Committee decision keeps the option open to proceed to notification prior to local government elections next year, and also the option to pivot in response to changing national direction, or in response to feedback.

The Strategy and Policy Committee considered these factors when making decisions to proceed with releasing the draft RPS and RNRP changes for feedback.

1. Central government is proceeding with national policy amendments next year, the content of which is not yet certain, but is likely to mean parts of the draft RPS and RNRP changes may need to be amended. Following that Government is signalling substantial Resource Management Reform, although the resulting plan changes the will be needed in the future are likely to still be several years away. Developing national policy instruments is not a simple process and there is ultimately no guarantee that a long term, stable framework will be created, as shown by the many amendments to the NPSFM to date.

2. There are known and significant environmental issues and community expectation that these should be addressed, and should already have been addressed. These include the degraded and degrading state of Waihī and Maketū estuaries and some of the Rotorua Lakes due, in large part to contaminants from their rural catchments.

3. Enabling benefits of economic development by having an up-to-date, simplified framework to manage freshwater, which we expect will enable a clearer and more efficient process for consent applications than some our current rules deliver.

4. Ideally this simpler framework would be in place before 2026 to improve the process for the 600+ water take consents that are coming up for renewal (pre-RMA consents).

5. Making the best use of investment to date. Momentum has built up across the Freshwater Programme. Significant financial investment (over 8+ years) has occurred, and the plan changes and analyses are well advanced. Council has been working towards region wide plan changes for 3 years, changes for Waihi, Maketu and Rangitaiki for an additional 5 years, and water quantity changes for more than 10 years.

6. Recent science has identified that there can be more efficient water and freshwater allocation, and in the majority of cases across our Region, there can be more water released for development.

7. New science is now available and should inform resource management decisions. The longer we delay notification, the more data becomes out of date and reports need to be reworked – meaning the benefit of the new information is not realised and there would be a significant cost in re-working the science.

8. Tangata whenua, community members and stakeholders have invested time in providing initial feedback, and Council has noted draft changes would be shared. Several parties expect progress on improving freshwater outcomes.

4.2 Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts. The effects of climate change are a consideration during the development of RPS and RNRP content, and this will need to be addressed in evaluation reports that will accompany formal proposed changes at the time they are publicly notified.

4.3 Implications for Māori

Freshwater is a taonga for tangata whenua and many iwi and hapū have noted the importance of these RPS and RNRP changes to progress improved outcomes for freshwater and coastal waters.

Council is required to consult with iwi organisations on proposals (under Schedule 1 of the RMA), and sharing this draft is a necessary part of meeting that requirement. In addition, these documents will be shared with tangata whenua groups (post settlement entities, hapū groups who have expressed an interest in our previous engagements). Staff will also seek to meet with any of these groups who want to meet.

The consultation timeframe will be difficult for tangata whenua, as part of December and January are usual break periods. Council can offer some assistance with a “friend of the submitter” type arrangement.

4.4 Community Engagement

CONSULT

Whakauiuia

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

Council invested in a 6-month long community engagement period in 2023, with a high level of public communications.

For this targeted release of the draft changes, the documents will be available to the public on our website. Particular focus will be on targeting engagement with parties potentially affected by the farming land use rule options.

Council will send direct letters or emails to all of those parties Council is required to consult with under Clause 3, Schedule 1 of the RMA, including:

· Ministers for the Environment (Hon. Penny Simmonds), Resource Management Reform (Hon. Chris Bishop), Agriculture and also Forestry (Hon Todd McClay), and Conservation (Hon. Tama Pōtaka).

· District Councils.

· Iwi organisations and co-governance fora.

Contact will also be made via:

· Direct communications will be sent to the Rural and Environmental Sector Organisation Forum, Dairy Stakeholders Forum, Catchment Care Groups, river scheme liaison advisory groups, tangata whenua groups, parties who engaged with us in 2023, and several stakeholder organisations.

· Letters to other relevant Government Ministers (for example, Assoc. Minister for the Environment/Agriculture).

· Freshwater Flash will be released.

Key messages will be included in communications explaining:

· why Council is releasing the drafts now.

· expressly stating the importance of feedback to Council, to help them form their decisions about the policy positions and content in the draft RPS and RNRP changes.

· that Council will make decisions about notification next year, after considering feedback, and after more is known about Government policy and regulatory changes.

The public will have the further opportunity to make submissions on the proposed changes when they are formally notified (date to be confirmed).

4.4.1 Engagement calendar

Meetings will be led by staff. In all meetings, staff seek to offer a consistent and accurate explanation of the proposals and rationale for them, questions on matters of detail can be answered, and that accurate records are kept and collated, so that complete feedback summaries can be prepared for all Councillors.

Councillors are welcome to attend and to speak on behalf of Council at the meetings on the importance of receiving feedback to help to inform your decisions. A calendar of meetings and events will be shared with Councillors via their weekly newsletter. Councillors are asked to forward any requests to meet to staff.

While some meetings will be proactively arranged with iwi organisations and with farming groups in most affected catchments (such as Waihī Estuary and Kaituna catchments) most will be on request. Meetings will generally involve some time to ensure people have a common understanding of the proposals, then can focus on information sharing, questions and concerns. Feedback given on the day will be recorded. However, participants will also be strongly encouraged, either through their sector organisations, as a group, or individually, to provide feedback in writing online.

Farming land use meetings will be a priority and the Farming Discussion Document will be critical to support this. Farmers will also be invited to offer their farm data for case studies.

4.5 Financial Implications

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

If the answer is ‘no’ to both questions please select the dropdown option 1 and complete appropriately.

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

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.

Once release is approved by Council, staff will complete preparing documents, web-pages and Participate and communications for release from 4 November.

Attachments

Attachment 1 - 1 -2024 10 17 S and P workshop_Attachment_policy topics (Public Excluded) ⇩

Attachment 2 - 2 - 2024 10 15 Draft Information Sheets - Feedback Documents - Freshwater Plan Change- ALL (Public Excluded) ⇩

Supporting Document 1 - Predraft RPS Change 7 (Freshwater) v1.3 - Embargoed draft (Public Excluded) ⇩

Supporting Document 2 - Predraft RNRP PC19 (Freshwater) v1.5 - Embargoed draft (Public Excluded) ⇩

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