Membership
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Chairperson
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Chairman Doug Leeder
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Deputy Chairperson
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Cr Jane Nees
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Members
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All Councillors
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Quorum
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Seven members, consisting
of half the number of members
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Meeting frequency
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Six weekly or as
required for Annual Plan, Long Term Plan and other relevant legislative
requirements
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Purpose
·
Enable democratic local decision-making and action by, and on
behalf of, Bay of Plenty communities.
·
Meet the current and future needs of communities for good-quality
local infrastructure, local public services, and performance of regulatory
functions in a way that is most cost-effective for households and businesses.
·
Set the overarching strategic direction for Bay of Plenty
Regional Council as an organisation.
·
Hold ultimate responsibility for allocating financial resources
across the Council.
Role
·
Address Local Electoral Act matters and Local Government Rating
Act matters.
·
Oversee all matters relating to identifying and contributing to
community outcomes.
·
Consider and agree on matters relating to significant new
activities or areas of involvement such as infrastructure which are not the
responsibility of a specific committee.
·
Provide regional leadership on key issues that require a
collaborative approach between a number of parties.
·
Review and decide the Council’s electoral and
representation arrangements.
·
Consider issues of regional significance which are not the
responsibility of any specific standing committee or that are of such regional
significance/high public interest that the full Council needs to decide on
them.
·
Adopt Council’s Policy on Significance and Engagement Policy.
·
Develop, adopt and implement the Triennial Agreement, Code of
Conduct and Standing Orders.
·
Consider and agree on matters relating to elected members’
remuneration.
·
Appoint the Chief Executive, and review their contract,
performance and remuneration at least annually.
·
Approve all delegations to the Chief Executive, including the
authority for further delegation to staff.
·
Oversee the work of all committees and
subcommittees.
·
Receive and consider recommendations and matters referred to it
by its committees, joint committees, subcommittees and working parties.
·
Approve membership to external bodies and organisations,
including Council Controlled Organisations.
·
Develop, adopt and review policies for, and monitor the
performance of, Council Controlled Organisations.
·
Monitor and review the achievement of outcomes for the Bay of
Plenty Community.
·
Review and approve strategic matters relating to the sale,
acquisition and development of property for the purposes of meeting
Council’s organisational requirements and implement Regional Council
policy.
·
Address strategic corporate matters including property and
accommodation.
·
Consider and agree on the process to develop the Long Term Plan,
Annual Plan and Annual Report.
·
Adopt the Long Term Plan, Annual Plan and budgets variations, and
Annual Report.
·
Adopt Council policies as required by statute (for example
Regional Policy Statement and Regional Land Transport Strategy) to be decided
by Council or outside of committee delegations (for example infrastructure
policy).
·
Develop, review and approve Council’s Financial Strategy
and funding and financial policies and frameworks.
·
Institute any proceedings in the High Court that are not
injunctive proceedings.
·
Exercise the powers and duties conferred or imposed on Council by
the Public Works Act 1981.
Delegations
from Council to committees
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Council has a role to monitor the functioning of all committees.
·
Council will consider matters not within the delegation of any
one Council committee.
·
Council may at any time, revoke or modify a delegation to a
Council committee, either permanently, for a specified time or to address a
specific matter, if it considers there is good reason to do so.
·
The delegations provided to committees may be further delegated
to subcommittees unless the power of further delegation is restricted by
Council or by statute.
·
It is accepted in making these delegations that:
·
The committees, in performing their delegated functions, powers
or duties, may, without confirmation by the Council, exercise or perform them
in a like manner and with the same effect as the Council itself could have
exercised or performed them.
·
The delegated powers given shall at all times be subject to their
current policies and principles or directions, as given by the Council from
time to time.
·
The chairperson of each committee shall have the authority to
exercise their discretion, as to whether or not the delegated authority of the
committee be used where, in the opinion of the chairperson,
circumstances warrant it.
Powers that cannot be delegated
Under Clause 32 Schedule 7 of the Local Government Act
2002, Council must make the following decisions:
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Make a rate.
·
Make a bylaw.
·
Borrow money or purchase or dispose of assets, other than in
accordance with the long-term plan.
·
Adopt the long-term plan, annual plan, or annual report.
·
Appoint a chief executive.
·
Adopt policies required to be adopted and consulted on under the
Local Government Act 2002
in association with the long-term plan or developed for the purpose of the
local governance statement.
·
Adopt a remuneration and employment policy.
Livestreaming
and Recording of Meetings
Please note the Public section of this
meeting is being recorded and streamed live on Bay of Plenty Regional
Council’s website in accordance with Council's Live Streaming and
Recording of Meetings Protocols which can be viewed on Council’s website.
The recording will be archived and made publicly available on Council's website
within two working days after the meeting on www.boprc.govt.nz for a period of
three years (or as otherwise agreed to by Council).
All care is taken to maintain your privacy;
however, as a visitor in the public gallery or as a participant at the meeting,
your presence may be recorded. By remaining in the public gallery, it is
understood your consent is given if your image is inadvertently broadcast.
Opinions expressed or statements made by
individual persons during a meeting are not the opinions or statements of the
Bay of Plenty Regional Council. Council accepts no liability for any opinions
or statements made during a meeting.
Regional
Council 17 May 2022
Recommendations in reports are not to be construed as Council
policy until adopted by Council.
Agenda
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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.
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“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”.
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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. Schedule of Speakers
A schedule of speakers will be
provided closer to the date of the meeting. Seven submitters have indicated
they wish to speak, mainly via Zoom.
8. Reports
Information Only
8.1 Hearing of Submissions on
Statements of Proposal. 1
Attachment 1 - Submissions on Fees
and Charges Policy 1
Attachment 2 - Submissions on
Revenue and Financing Policy 1
Attachment 3 - Submissions on Rates
Remissions Policy 1
Attachment 4 - Submissions on
Joining Regional Shared Service CCO 1
Attachment 5 - Submission from
Tauranga Business Chamber 1
Supporting Document 1 - Jon Turner
submission addendum
Supporting Document 2 - Jon Turner
record of communications with BOPRC
Supporting Document 3 - Jon Turner
Consent Conditions
9. Consideration
of Items not on the Agenda
10. Closing
Karakia
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Report To:
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Regional
Council
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Meeting
Date:
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17 May
2022
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Report
Writer:
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Mark Le Comte, Principal Advisor,
Finance and Matthew Searle, Corporate Planner
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Report
Authoriser:
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Mat
Taylor, General Manager, Corporate
Sarah
Omundsen, General Manager, Regulatory Services
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Purpose:
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For Councillors to receive and hear
submissions
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Hearing
of Submissions on Statements of Proposal.
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Executive Summary
Council
adopted four Statements of Proposal for public consultation from 4 April to 4
May 2022. These were:
· Fees and
Charges Policy
· Revenue
and Financing Policy
· Rates
Remissions and Postponement Policy
· Joining
Regional Shared Service Council Controlled Organisation
This
paper presents the submissions that were received as part of the public
consultation process. Those submitters that chose to be present their views
directly to Council are scheduled to present at the 17 May 2022 Council
Meeting which provides Councillors with the opportunity to ask any clarifying
questions.
After
consideration of all submissions, decisions on the key matters in the
Statements of Proposal are scheduled to be considered at the 18 May 2022
Council Meeting.
In
addition, Council has received one submission of a more general nature from
the Tauranga Business Chamber. While this is not strictly related to the
Statements of Proposal, it is efficient to hear from this submitter at the
same time.
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Recommendations
That the Regional Council:
1 Receives the report, Hearing of Submissions on Statements of
Proposal.
1. Introduction
Council adopted four Statements
of Proposal for public consultation from 4 April to 4 May 2022. These were:
• Fees and
Charges Policy (submissions in attachment 1 and addendums to a submission as
supporting documents 1-3)
• Revenue and
Financing Policy (submissions in attachment 2)
• Rates
Remissions and Postponement Policy (submissions in attachment 3)
• Joining
Regional Shared Service Council Controlled Organisation (submissions in
attachment 4)
Consideration of submissions is
a two-step process. Firstly, Councillors should read all submissions and hear
from submitters that chose to present their views verbally. This is the purpose
of the Council Meeting on 17 May 2022. Secondly, Council needs to decide on the
appropriate Policy settings based on consideration of all submissions and other
relevant factors. This second step is part of the Council Meeting on 18 May
2022.
In addition,
Council has received one submission of a more general nature from the Tauranga
Business Chamber (attachment 5). This submission covers topics such as:
· Use of the Port dividend
· Future of Bay of Connections, and
· The delivery entity for Passenger Transport.
While this is not
strictly related to the Statements of Proposal and could be heard as part of
the public forum at any Council Meeting, including this presentation at the 17
May meeting appears to be the most efficient option.
1.1 Legislative
Framework
Consultation on the four
Statements of Proposal is being conducted under the Local Government Act
section 82 Principles of Consultation and 83 Special Consultative Procedure.
The submissions period has closed and the submissions are attached for Council
consideration.
1.2 Alignment
with Strategic Framework
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A Healthy Environment
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Freshwater for Life
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Safe and Resilient Communities
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A Vibrant Region
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The Way We Work
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We look
to partnerships for best outcomes.
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Public consultation and
consideration of community views is an important part of Policy development.
1.2.1 Community
Well-beings Assessment
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Dominant Well-Beings Affected
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¨ Environmental
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þ Cultural
Low -
Positive
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þ Social
Low -
Positive
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þ Economic
Low -
Positive
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2. Considerations
2.1 Risks
and Mitigations
2.2 Climate
Change
The proposed
Sustainable Homes Targeted Rate contributes towards energy efficiency and
reduction of greenhouse gas emissions.
2.3 Implications
for Māori
Māori have had the
opportunity to provide submissions on the Statements of Proposal.
2.4 Community
Engagement
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CONSULT
Whakauiuia
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To obtain input or feedback from affected communities
about our analysis, alternatives, and /or proposed decisions.
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This paper, the attached
submissions, and people who wish to be heard are the result of the consultation
process that has been undertaken.
2.5 Financial
Implications
There are no
material unbudgeted financial implications and this fits within the allocated
budget.
3. Next
Steps
Council will be asked to deliberate on the key
decisions required for each Statement of Proposal at the 18 May Council
meeting. Following those decisions, staff will prepare final draft Policies for
adoption with Annual Plan 2022/23.
Attachments
Attachment 1 - Submissions on Fees and Charges Policy ⇩
Attachment 2 - Submissions on Revenue and Financing Policy ⇩
Attachment 3 - Submissions on Rates Remissions Policy ⇩
Attachment 4 - Submissions on Joining Regional Shared Service CCO ⇩
Attachment 5 - Submission from Tauranga Business Chamber ⇩
Supporting Document 1 - Jon Turner submission addendum ⇩
Supporting Document 2 - Jon Turner record of communications with
BOPRC ⇩
Supporting Document 3 - Jon Turner Consent Conditions ⇩
