Agenda of Council Meeting - Thursday, 13 April 2023

13 April 2023

Council

Membership:

Chairperson	Mayor James Denyer
Deputy Chairperson	Deputy Mayor John Scrimgeour
Members	Cr Tracey Coxhead Cr Richard Crawford Cr Grant Dally Cr Murray Grainger Cr Anne Henry Cr Rodney Joyce Cr Margaret Murray-Benge Cr Allan Sole Cr Don Thwaites Cr Andy Wichers
Quorum	Six (6)
Frequency	Six weekly

Role:

The Council is responsible for:

· Ensuring the effective and efficient governance and leadership of the District.

· Ensuring that all functions and powers required of a local authority under legislation, and all decisions required by legislation to be made by local authority resolution, are carried out effectively and efficiently, either by the Council or through delegation.

Power to Act:

To exercise all non-delegable functions and powers of the Council including, but not limited to:

· The power to make a rate;

· The power to make a bylaw;

· The power to borrow money, purchase, or dispose of assets, other than in accordance with the Long Term Plan;

· The power to adopt a Long Term Plan, a Long Term Plan Amendment, Annual Plan or Annual Report and to receive any related audit report;

· The power to appoint a chief executive;

· The power to 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;

· The power to adopt a remuneration and employment policy;

· The power to approve or change the District Plan, or any part of that Plan, in accordance with the Resource Management Act 1991;

· The power to approve or amend the Council’s Standing Orders;

· The power to approve or amend the Code of Conduct for Elected Members;

· The power to appoint and discharge members of committees;

· The power to establish a joint committee with another local authority or other public body;

· The power to make a final decision on a recommendation from the Parliamentary Ombudsman where it is proposed that Council not accept the recommendation.

· To exercise all functions, powers and duties of the Council that have not been delegated, including the power to compulsorily acquire land under the Public Works Act 1981.

· To make decisions which are required by legislation to be made by resolution of the local authority.

· To authorise all expenditure not delegated to officers, Committees or other subordinate decision-making bodies of Council, or included in Council’s Long Term Plan or Annual Plan.

· To make appointments of members to Council Controlled Organisation Boards of Directors/ Trustees and representatives of Council to external organisations.

· To monitor the performance of and make decisions on any matters relating to Council Controlled Organisations (CCO), including recommendations for

· modifications to CCO or other entities’ accountability documents (i.e. Letter of Expectation, Statement of Intent), including as recommended by the Strategy and Policy Committee.

· To approve joint agreements and contractual arrangements between Western Bay of Plenty District Council and Tauranga City Council and/or any other local authority including the requirement to review the terms of any such agreements or contractual arrangements.

· To approve the triennial agreement.

· To approve the local governance statement required under the Local Government Act 2002.

· To approve a proposal to the Remuneration Authority for the remuneration of Elected Members.

· To approve any changes to the nature and delegations of Committees.

Procedural matters:

Approval of elected member training/conference attendance.

Mayor’s Delegation:

Should there be insufficient time for Council to consider approval of elected member training/conference attendance, the Mayor (or Deputy Mayor in the Mayor’s absence) is delegated authority to grant approval and report the decision back to the next scheduled meeting of Council.

Power to sub-delegate:

Council may delegate any of its functions, duties or powers to a subcommittee, working group or other subordinate decision-making body, subject to the restrictions on its delegations and any limitation imposed by Council.

Council Meeting Agenda

13 April 2023

8 Reports

8.1 Process Requirement

File Number: A5255614

Author: Horowai Wi Repa, Governance Technical Advisor

Authoriser: Greer Golding, Governance Manager

Executive Summary

This Council meeting has been specifically scheduled to consider the only item of business on the agenda, being a confidential report.

The meeting is required to be convened in ‘Open Session’ so that the recommendation to move into ‘Public Excluded Session’ can be put, and the reason(s) for confidentiality provided to the public.

In the absence of any other open reports on the agenda, this report serves to create the open agenda in Council’s Infocouncil system.

Recommendation

1. That the (author’s position)’s report dated xxxx 2023, titled ‘ xxxx’, be received.

Council Meeting Agenda

13 April 2023

9 Information for Receipt

10 Resolution to Exclude the Public

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendation

That the public be excluded from the following parts of the proceedings of this meeting.

The general subject matter 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 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Ground(s) under section 48 for the passing of this resolution
10.1 - Recommendatory Report from the Chief Executive Employment Sub Committee - Chief Executive Performance and Remuneration Review for 2022/2021 and 2022/2023 KPI's	s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7