Council

Te Kaunihera

 

 

 

 

 

 

 

 

 

 

 


C20-15

Thursday, 17 December 2020

Council Chambers

Barkes Corner, Tauranga

9:30am

 

 

 

 


Council Meeting Agenda

17 December 2020

 

Council

 

Membership

Chairperson

Mayor Garry Webber

Deputy Chairperson

Deputy Mayor John Scrimgeour

Members

Cr Grant Dally

Cr Mark Dean

Cr James Denyer

Cr Murray Grainger

Cr Anne Henry

Cr Christina Humphreys

Cr Monique Lints

Cr Kevin Marsh

Cr Margaret Murray-Benge

Cr Don Thwaites

Quorum

6

Frequency

Six weekly

 

Role:

 

To ensure the effective and efficient governance and leadership of the District.

 

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, Annual Plan or Annual 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 a proposed policy statement or plan under clause 17 of Schedule 1 of the Resource Management Act 1991;

-        The power to make a final decision on a recommendation from the 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 consider and make decisions regarding any matters relating to Council Controlled Organisations, including recommendations for modifications to CCO or other entities’ accountability documents (i.e. Letter of Expectation, Statement of Intent) recommended by the Policy Committee or any matters referred from the Performance and Monitoring Committee.

·           To approve joint agreements and contractual arrangements between Western Bay of Plenty District Council and Tauranga City Council or any other entity.

·           To consider applications to the Community Matching Fund (including accumulated Ecological Financial Contributions).

·           To consider applications to the Facilities in the Community Grant Fund. 

 

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.

 

Should there be insufficient time for Council to consider approval of a final submission to an external body, the Mayor (or Deputy Mayor in the Mayor's absence) is delegated authority to sign the submission on behalf of Council, provided the final submission is reported to the next scheduled meeting of Council or relevant Committee.

 

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

17 December 2020

 

Notice is hereby given that a Meeting of Council will be held in the Council Chambers, Barkes Corner, Tauranga on:
Thursday, 17 December 2020 at 9:30am

 

Order Of Business

1          Present 6

2          In Attendance. 6

3          Apologies. 6

4          Consideration of Late Items. 6

5          Declarations of Interest 6

6          Public Excluded Items. 6

7          Public Forum.. 6

Nil

8          Community Board Minutes for Receipt 7

8.1            Minutes of the Maketu Community Board Meeting held on 20 October 2020. 7

8.2            Minutes of the Te Puke Community Board Meeting held on 22 October 2020. 14

8.3            Minutes of the Waihi Beach Community Board Meeting held on 23 November 2020. 24

8.4            Minutes of the Omokoroa Community Board Meeting held on 24 November 2020. 36

8.5            Minutes of the Katikati Community Board Meeting held on 25 November 2020. 43

8.6            Minutes of the Maketu Community Board Meeting held on 1 December 2020. 50

8.7            Minutes of the Te Puke Community Board Meeting held on 3 December 2020. 57

9          Council and Committee Minutes for Confirmation. 64

9.1            Minutes of the District Plan Committee Meeting held on 27 May 2020. 64

9.2            Minutes of the District Plan Committee Meeting held on 3 August 2020. 121

9.3            Minutes of the Maketu - Te Puke Ward Forum Meeting held on 1 October 2020. 159

9.4            Minutes of the Extraordinary Council Meeting held on 29 October 2020. 172

9.5            Minutes of the Council Meeting held on 5 November 2020. 191

9.6            Minutes of the Regulatory Hearings Committee Meeting held on 16 November 2020. 206

9.7            Minutes of the District Plan Committee Meeting held on 24 November 2020. 217

9.8            Minutes of the Performance and Monitoring Meeting held on 24 November 2020. 220

9.9            Minutes of the Policy Committee Meeting held on 1 December 2020. 234

10       Reports. 256

10.1          Local Government Commission on Boundary Change - Belk Road, Keenan Road and Tara Road Areas. 256

10.2          Recommendatory report from Performance and Monitoring Committee - Lease Site for Katikati Avocado Food and Wine Festival Shipping Containers on Uretara Domain. 275

10.3          Recommendatory Report from the Policy Committee - Adoption of Speed Limits Bylaw 2020. 277

10.4          Recommendatory Report from Katikati Community Board - 33 Middlebrook Drive - Community Leasing -  November 2020. 341

10.5          Tourism Bay of Plenty Letter of Expectation. 359

10.6          Tourism Bay of Plenty Trustee Remuneration. 364

10.7          Mayor's Report to Council - 3 December 2020. 366

11       Information for Receipt 367

12       Resolution to Exclude the Public. 368

12.1          Confidential Minutes of the Council Meeting held on 5 November 2020. 368

12.2          Confidential Minutes of the Performance and Monitoring Meeting held on 24 November 2020. 368

12.3          Chief Executive Information Report 369

12.4          Chief Executive's Confidential Report - Execution of Documents Under Council Seal - December 2020. 369

 

 


1            Present

2            In Attendance

3            Apologies

4            Consideration of Late Items

5            Declarations of Interest

6            Public Excluded Items

7            Public Forum

Nil


Council Meeting Agenda

17 December 2020

 

8            Community Board Minutes for Receipt

8.1         Minutes of the Maketu Community Board Meeting held on 20 October 2020

File Number:           A3908749

Author:                    Pernille Osborne, Senior Governance Advisor

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

Recommendation

1.       That the Minutes of the Maketu Community Board Meeting held on 20 October 2020 be received.

 

 

 

Attachments

1.       Minutes of the Maketu Community Board Meeting held on 20 October 2020 

  


Maketu Community Board Meeting Minutes

20 October 2020

Unconfirmed

   MINUTES OF Western Bay of Plenty District Council
Maketu Community Board Meeting No. MC20-5
HELD AT THE Maketu Community Centre
ON Tuesday, 20 October 2020 AT 7:00pm

 

1            Present

Member S Beech (Chairperson), Member L Rae, Member W Ra Anaru, Member S Simpson,              Cr K Marsh and Cr J Scrimgeour

2            In Attendance

G Allis (Deputy CEO/Group Manager Infrastructure Services), C Bennett-Ouellet (Customer Service and Governance Team Leader) and P Osborne (Senior Governance Advisor)

1 Member of the Public

3            Apologies

Nil

4            Consideration of Late Items

Nil

5            Declarations of Interest

The Chairperson reminded members of the need to be vigilant and to stand aside from decision making when a conflict arises between their role as an elected representative and any private or other external interest that they may have. 

Members were advised that if they had an interest (actual, potential, perceived, pecuniary or non pecuniary interest) in any item on the agenda, then they must declare this interest and refrain from discussing or voting on this item and are advised to withdraw from the meeting table for the item.  (As per the Local Authorities (Members’ Interest) Act 1968)

There were no declarations declared in relation to this agenda.

6            Public Excluded Items

Nil

7            Public Forum

The Chairperson outlined the protocols relating to the Public Forum section of the meeting as set out in the Standing Orders for the Maketu Community Board.  Attending members of the public were invited to take part in the public forum.

 

 

 

 

 

 

Public Forum Adjourn Meeting

Resolution  MC20-5.1

Moved:       Cr K Marsh

Seconded:  Cr J Scrimgeour

That the meeting adjourn for the purpose of holding a public forum.

Carried

 

Clester Eru – Spencer Avenue Resident

Ms Eru was in attendance to address her request that Spencer Avenue be re-opened. Ms Eru informed the Board about a letter she sent to the Maketu Community Board and Council on 8 October 2019, regarding her position on the matter; a copy of which was provided to the Senior Governance Advisor. Ms Eru also presented the Board with a copy of the more recent petition signed by community members and residents of Spencer Avenue.

Ms Eru clarified that she would like the road to be opened, but acknowledged that the road would need to be repaired and made safe before this could happen.

 

The Board acknowledged that there was no signage to inform visitors that the road was closed.

 

The Board advised Ms Eru that this issue is in the Community Boards Long Term Plan noting that there are options for the Board to consider moving forward.

 

Public Forum Meeting Reconvened

Resolution  MC20-5.2

Moved:       Member L Rae

Seconded:  Cr K Marsh

That the meeting reconvene in formal session at 7.20pm.

Carried

8            Minutes for Confirmation

8.1         Minutes of the Maketu Community Board Meeting held on 18 August 2020

The Board considered the Minutes of the Maketu Community Board meeting held 18 August 2020.

Resolution  MC20-5.3

Moved:       Member L Rae

Seconded:  Member W Ra Anaru

That the Minutes of the Maketu Community Board Meeting held on 18 August 2020, as circulated with the agenda, be confirmed as a true and accurate record.

Carried

9            Reports

 

9.1         Chairpersons Report - Maketu Community Board MC20-5 20 October 2020

The Board considered a report from the Chairperson titled Chairperson Report – Maketu Community Board MC20-5 20 October 2020.

The Board took the report as read with further discussion on the below items:

Maketu Road Cycleway

The Board was advised that a safety audit had been undertaken to consider the planned alignment issues. There were potential safety and property access issues along both sides of Maketu Road, near the townships 50km/hr speed limit threshold. These issues would need to be consulted with the affected urban residents.

Culvert at Spencer Avenue

The Board was advised that this issue was being considered as part of the Comprehensive Stormwater Consents process. The consent had been appealed, and Council was awaiting further instruction.

Newdicks Beach

The Board had a discussion around the access to Newdicks Beach. Member Simpson advised the Board that he would have a conversation with the landowners and if the outcome was positive then the Council would get involved to determine the best way forward.

It was noted that the minute action sheet for Newdicks Beach should be reopened, as the issue is yet to be resolved.

Resolution  MC20-5.4

Moved:       Member S Beech

Seconded:  Cr K Marsh

That the Chairpersons report to the Maketu Community Board dated 20 October 2020 be received.

Carried

 

9.2         Councillors Report Maketu Community Board MC20-5 October 2020

The Board considered a report from Councillor Marsh titled Councillors Report Maketu Community Board MC20-5 October 2020 dated 20 October 2020.

The Board took the report as read with further discussion on the below topics:

Resolution  MC20-5.5

Moved:       Cr K Marsh

Seconded:  Member S Beech

That the report from Councillor Marsh to the Maketu Community Board dated 20 October 2020 be received.

Carried

 

9.2.1      Beach Road Kerb and Channel Project

The Board asked for an update on the two remaining driveway aprons that they would like to have completed. The Transportation Manager was following this up with the contractors.

 

 

9.2.2      Te Kohanga Reo

 

Member Rae advised the Board that she would have a conversation with Kohanga staff regarding parking on the footpath outside of Te Kohanga Reo as the community had raised concerns regarding safety issues.

9.3         Infrastructure Services Report Maketu Community Board October 2020

The Board considered a report from the Deputy Chief Executive titled Infrastructure Services Report Maketu Community Board dated 20 October 2020.

The Board took the report as read with further discussions on the below topics:

Recommendation

That the Deputy Chief Executive’s Report, dated 20 October 2020 and titled Infrastructure Services Report Maketu Community Board October 2020 be received.

 

 

9.3.1      Road Improvements LED Lighting

The Board were advised that WestLink had commenced the installation of the replacement LED lighting, noting that some minor issues had arisen which were being addressed by WestLink.

 

9.3.2      Surf Club Car Park Reserve Rock Revetment

The Board requested more information regarding this ongoing issue, including what the plan was moving forward. The Board was advised that Council had approved the funds to cover the cost of the Regional Council hearing, and would like an update on the progress of this.

 

9.3.3      Rauporoa Road Kerb and Channel

The Board was advised that the cost for the kerb and channel was well above the allocated amount. The engineering requirements of the site may require further review. The Board requested an updated on this matter.

 

9.3.4      Build a Safe Lookout Area at the Intersection of Williams Crescent and Arawa Avenue

The Board discussed what they thought was the best option at the moment regarding the lookout area at the intersection of Williams Crescent and Arawa Avenue. The Board agreed that, at this time, the best option was to put down some metal, which would create a safe area for cars to pull over.

 

9.4         Draft Long Term Plan Budget - Maketu Community Board

The Board considered a report from the Management Accountant titled Draft Long Term Plan Budget – Maketu Community Board dated 20 October 2020.

The Board agreed to approve the current budget in draft, noting that a discussion of the Board would occur on 27 October 2020 before submitting the finalised operating budget.

Resolution  MC20-5.6

Moved:       Member S Beech

Seconded:  Member S Simpson

1.       That the report from the Management Accountant dated 20 October 2020 titled Draft Long Term Plan Budget be received.

2.       That this report relates to issues which are not considered significant in terms of Council’s Policy on Significance.

3.       That it be recommended to the Long Term and Annual Plan Committee that the Maketu Community Board’s Draft Long Term Plan Operating Budget be as follows:

Operating Costs

2021 Budget

2022 LTP

2023 LTP

2024 LTP

2025 LTP

2026 LTP

2027 LTP

2028 LTP

2029 LTP

2030 LTP

2031 LTP

Contingency

17,000

17,000

17,000

17,000

17,000

17,000

17,000

17,000

17,000

17,000

17,000

Grants

5,000

5,000

5,000

5,000

5,000

5,000

5,000

5,000

5,000

5,000

5,000

Mileage Allowance

1,000

1,000

1,000

1,000

1,000

1,000

1,000

1,000

1,000

1,000

1,000

Security

4,020

4,020

4,020

4,020

4,020

4,020

4,020

4,020

4,020

4,020

4,020

Salaries

Determined by Remuneration Authority

Inter Departmental

Charges

Determined by Overhead Cost Allocation

TOTAL OPERATING COSTS

 

 

 

 

 

 

 

 

 

 

 

Carried

 

9.5         Maketu Community Board Financial Report - August 2020

The Board considered a report from the Management Accountant titled Maketu Community Board Financial Report – August 2020 dated 20 October 2020.

The Board asked for an update on the Maketu Community Board submissions to the Annual Plan 2020 which should appear under Committed – Reserves expenditure. The Senior Governance Advisor would follow this up and report back to the Board with the outcome.

Resolution  MC20-5.7

Moved:       Member L Rae

Seconded:  Member W Ra Anaru

That the Management Accountant’s report dated 20 October 2020 and titled “Financial Report Maketu – August 2020” be received.

Carried

 

9.6         Council, Standing Committees and Community Board Meetings

The Board considered a schedule of meetings for October, November and December 2020, noting the below amendments to the meeting times:

·         Council – Extraordinary Meeting - 29 October - 10am - Trustpower Baypark, Stadium Lounge; and

·         SmartGrowth Leadership Group – 21 October – 9.30am – BOPRC Tauranga.

Resolution  MC20-5.8

Moved:       Cr J Scrimgeour

Seconded:  Member L Rae

That the schedule of meetings for October, November and December 2020 be received; with the following amendments to the meeting times:

·         Council – Extraordinary Meeting - 29 October - 10am - Trustpower Baypark, Stadium Lounge; and

·         SmartGrowth Leadership Group – 21 October – 9.30am – BOPRC Tauranga.

Carried

 

 

The Meeting closed at 8.08pm.

 

The minutes of this meeting were confirmed at the Maketu Community Board held on 1 December 2020.

 

 

...................................................

Member S Beech

CHAIRPERSON

 


Council Meeting Agenda

17 December 2020

 

8.2         Minutes of the Te Puke Community Board Meeting held on 22 October 2020

File Number:           A3908763

Author:                    Pernille Osborne, Senior Governance Advisor

Authoriser:             Barbara Whitton, Customer Services and Governance Manager

 

Recommendation

That the Minutes of the Te Puke Community Board Meeting held on 22 October 2020 be received.

 

 

 

Attachments

1.       Minutes of the Te Puke Community Board Meeting held on 22 October 2020 

  


Te Puke Community Board Meeting Minutes

22 October 2020

Unconfirmed

     MINUTES OF Western Bay of Plenty District Council
Te Puke Community Board Meeting No. TP20-5
HELD AT THE Te Puke Library and Service Centre
ON Thursday, 22 October 2020 AT 7.00pm

 

1            Present

Member R Crawford (Chairperson), Member T Rolleston, Member K Ellis, Member D Snell,                  Cr G Dally and Cr M Lints

2            In Attendance

R Davie (Group Manager Policy Planning and Regulatory Services), J Paterson (Transportation Manager) and P Osborne (Senior Governance Advisor)

5 Members of the Public including 1 Member of the Press

3            Apologies

Nil

4            Consideration of Late Items

Nil

5            Declarations of Interest

The Chairperson reminded members of the need to be vigilant and to stand aside from decision making when a conflict arises between their role as an elected representative and any private or other external interest that they may have. 

 

Members were advised that if they had an interest (actual, potential, perceived, pecuniary or non pecuniary interest) in any item on the agenda, then they must declare this interest and refrain from discussing or voting on this item and are advised to withdraw from the meeting table for the item.  (As per the Local Authorities (Members’ Interest) Act 1968)

·         Member Rolleston declared an interest in item 9.1.1.3 CCTV (Financial)

·         Member Rolleston declared an interest in item 9.5 Draft Long Term Plan Budget (Financial)

·         Member Ellis declared an interest in item 9.3 Grant Application for Hāpai Mama (Bright Vision Charitable Trust) (Financial)

·         Councillor Lints declared an interest in item 9.1.2.1 Te Manawa Centre (Non-financial)

·         Member Snell declared an interest in item 9.1.2.1 Te Manawa Centre (Non-financial)

·         Member Ellis declared an interest in item 9.1.2.1 Te Manawa Centre (Non-financial)

6            Public Excluded Items

Nil

7            Public Forum

The Chairperson outlined the protocols relating to the Public Forum section of the meeting as set out in the Standing Orders for the Te Puke Community Board.  Attending members of the public were invited to take part in the public forum.

 

Public Forum Adjourn Meeting

Resolution  TP20-5.1

Moved:       Member K Ellis

Seconded:  Member D Snell

That the meeting adjourn for the purpose of holding a public forum.

Carried

 

Peter Miller – Story Boards Project

Mr Miller (former chairperson of Te Puke Community Board) gave the current Board some background information regarding the first story board that was created during his term as Chairperson. It was noted that Mr Miller had hoped for some community input towards future story board ideas.

Mr Miller put forward to the Board his idea of recognising the history of the Crete Olive Tree in Jubilee Park. Mr Miller advised the Board that he sought and gained permission from New Zealand Archives to use a Peter McIntyre watercolour on the proposed story board.

 

Cathy Shaw – Te Puke Memorial Pool

Ms Shaw was in attendance to provide the Board with an update on the Te Puke Memorial Pool, noting the below updates:

·         As of 22 October 2020 the pool was opened;

·         The Reserves and Facilities Projects and Assets Manager had given the go ahead for the heat exchanger plates to be replaced;

·         Tables, chairs and umbrellas were due to arrive; and

·         Shade covers for the baby pool had been sourced.

 

Public Forum Meeting Reconvened

Resolution  TP20-5.2

Moved:       Member T Rolleston

Seconded:  Member R Crawford

That the meeting reconvene in formal session at 7:22pm.

Carried

 


 

8            Minutes for Confirmation

8.1         Minutes of the Te Puke Community Board Meeting held on 20 August 2020

The Board considered the minutes of the Te Puke Community Board meeting held on 20 August 2020.

Resolution  TP20-5.3

Moved:       Cr M Lints

Seconded:  Member K Ellis

1.       That the Minutes of the Te Puke Community Board Meeting held on 20 August 2020, as circulated with the agenda, be confirmed as a true and accurate record; with the following amendments:

·    Page 7 under Public Forum should read Standing Orders for the Te Puke Community Board

·    Page 7 under Public Forum should read Ngati Marukukere – Raiha Biel

Carried

9            Reports

9.1         Chairpersons Report - Te Puke Community Board TP20-5 22 October 2020

The Board considered a report from the Chairperson dated 22 October 2020.

The Board considered an invoice from Te Puke Florist that was tabled at the meeting.

The report was taken as read with further discussion on the below items.

Boucher Avenue

The Board decided to trial the use of the Fairhaven School electronic speed warning sign in attempt to reduce the speed and the number of accidents occurring throughout the night.

It was noted that Member Rolleston would confirm that the sign could be programmed to only show the “SLOW DOWN” message outside of school hours.

Recommendation:

That the Community Board support the use of the Fairhaven School electronic speed warning sign in attempt to reduce traffic speed outside of school hours.

CCTV

Member Rolleston declared an interest in this item, withdrew from the meeting and took no part in the discussion or voting thereon.

Recommendation:

That the Community Board approve funding of $7,952.00 (+GST) from the Te Puke Community Roading Budget for the installation of the last two CCTV Cameras in Queen Street and Jellicoe Street.

Te Puke Florist

Recommendation:

That the Community Board approve funding of $110.00 from the Te Puke Community Board Contingency Account to Te Puke Florist for flowers delivered to Orchard Church for the funeral of Alan Cotter.

Resolution  TP20-5.4

Moved:       Member K Ellis

Seconded:  Member T Rolleston

That the Chairpersons report for the Te Puke Community Board dated 22 October 2020 be received.

Carried

Resolution  TP20-5.5

Moved:       Cr M Lints

Seconded:  Cr G Dally

That the Community Board support the use of the Fairhaven School electronic speed warning sign in attempt to reduce traffic speed outside of school hours.

Carried

Resolution  TP20-5.6

Moved:       Member D Snell

Seconded:  Cr M Lints

That the Community Board approve funding of $7,952.00 (+GST) from the Te Puke Community Board Roading Budget for the installation of the last two CCTV Cameras in Queen Street and Jellicoe Street.

Carried

Resolution  TP20-5.7

Moved:       Cr M Lints

Seconded:  Member K Ellis

That the Community Board approve funding of $110.00 from the Te Puke Community Board Contingency Account to Te Puke Florist for flowers delivered to Orchard Church for the funeral of Alan Cotter.

Carried

 

9.2         Councillors Report Te Puke Community Board TP20-5 October 2020

The Board considered a joint report from Councillor Dally and Councillor Lints dated 22 October 2020. It was noted that the main author of this report was Councillor Dally.

The report was taken as read.

Resolution  TP20-5.8

Moved:       Member K Ellis

Seconded:  Member D Snell

That the joint report from Councillor Lints and Councillor Dally to the Te Puke Community Board, dated 22 October 2020, be received.

Carried

 

 

9.3         Te Puke Community Board Grant Applications - October 2020

The Board considered a report from the Governance Advisor dated 22 October 2020.

 

Te Puke Gymsport

Te Puke Gymsport were seeking funding of $600 for course and buddy coaching vouchers valid through until the end of 2020. The Board noted that this would only give Te Puke Gymsport two months to utilise the funding.

 

Te Kura Kaupapa Māori o Te Matai

The Board discussed the option of part funding this grant application. It was agreed that the Board would like to contribute $1,782.50 to one mobile basketball hoop.

 

Hāpai Mama (Bright Vision Charitable Trust)

Member Ellis declared an interest in this item, withdrew from the meeting and took no part in the discussion or voting thereon.

The Board approved the grant application from Hāpai Mama (Bright Vision Charitable Trust) for $1,016.00.

 

Resolution  TP20-5.9

Moved:       Member T Rolleston

Seconded:  Member D Snell

1.       That the report from the Governance Advisor dated 22 October 2020 and titled Te Puke Community Board Grant Application – October 2020 be received.

Carried

Resolution  TP20-5.10

Moved:       Cr G Dally

Seconded:  Member K Ellis

2.       That the Te Puke Community Board approve the grant application from Te Puke Gymsport Incorporated for $600.00 to be funded from the Te Puke Community Board Grants 2020/2021 account, subject to all accountabilities being met.

Carried

Resolution  TP20-5.11

Moved:       Cr M Lints

Seconded:  Member K Ellis

3.       That the Te Puke Community Board approve the grant application from Te Kura Kaupapa Māori o Te Matai for $1,782.50 to be funded from the Te Puke Community Board Grants 2020/2021 account, subject to all accountabilities being met.

Carried

Resolution  TP20-5.12

Moved:       Cr M Lints

Seconded:  Member R Crawford

4.       That the Te Puke Community Board approve the grant application from Hāpai Mama (Bright Vision Charitable Trust) for $1,016.00 to be funded from the Te Puke Community Board Grants 2020/2021 account, subject to all accountabilities being met.

Carried

 


 

 

9.4         Infrastructure Services Report - Te Puke Community Board -October 2020

The Board considered a report from the Deputy Chief Executive dated 22 October 2020.

The report was taken as read with further discussion on the below items.

Resolution  TP20-5.13

Moved:       Member K Ellis

Seconded:  Member D Snell

That the Deputy Chief Executive’s Report, dated 22 October 2020 and titled Infrastructure Services Report Te Puke Community Board October 2020 be received, noting the following amendment;

·         Te Puke Community Board Roading Account – Washer Avenue Footpath should only appear once under Committed Projects.

Carried

 

9.4.1      Station Road Footpath

The Board advised the Transportation Manager that the community was very happy with the work that has been undertaken on the Station Road Footpath.

 

9.4.2      Visibility issues at Palmer Place Pedestrian Crossing

The Board noted that there had been several Contact Centre Requests (CCRs) around visibility issue due to overgrown vegetation by the pedestrian crossing on Palmer Place. In order to help clarify the details, the Board was advised that future CCRs should include as much detail as possible, including photos where appropriate.

The Area Engineer and WestLink will be looking at the Palmer Place crossing.

The Board would like the Transportation Manager to follow up with WestLink regarding the request for Member Ellis and Councillor Dally to have a walk through of Te Puke main street to discuss future landscaping.

 

9.4.3      LED Lighting

The Board received an update from the Transportation Manager in regards to the LED lighting, highlighting the projects expected completion date of June 2021.

 

9.4.4      Tactile Pavers

The Board noted that the tactile pavers issue needed to be addressed, highlighting the need for the pavers to run from the street to the road.

The Board agreed to discuss this issue further at the upcoming workshop, to get all the relevant information together and report back to Council.

 

9.4.5      Accessibility to Boucher Avenue / Fenton Terrace

The Board had a discussion regarding the modification of the safety railings/barriers in the alleyway between Boucher Avenue and Fenton Terrace. The Roading Engineer (East) had received a quote from WestLink for the required work.

Resolution  TP20-5.14

Moved:       Cr M Lints

Seconded:  Member K Ellis

That the Te Puke Community Board approve to move ‘Accessibility to Boucher Avenue / Fenton Terrace’ from Proposed Projects to Committed Projects with a costing of up to $5,000.00.

Carried

 

9.5         Draft Long Term Plan Budget - Te Puke Community Board

The Board considered a report from the Management Accountant dated 22 October 2020.

The Board agreed to change the ‘Conference’ budget line to ‘Mileage Allowance’.

Resolution  TP20-5.15

Moved:       Member R Crawford

Seconded:  Member D Snell

1.       That the report from the Management Accountant dated 22 October 2020 titled Draft Long Term Plan Budget be received.

2.       That this report relates to issues which are not considered significant in terms of Council’s Policy on Significance.

3.       That it be recommended to the Long Term and Annual Plan Committee that the Te Puke Community Board Draft Long Term Plan Operating Budget be as follows:

Operating Costs

2021 Budget

2022 LTP

2023 LTP

2024 LTP

2025 LTP

2026 LTP

2027 LTP

2028 LTP

2029 LTP

2030 LTP

2031 LTP

Contingency

5,000

5,000

5,000

5,000

5,000

5,000

5,000

5,000

5,000

5,000

5,000

Grants

11,000

11,000

11,000

11,000

11,000

11,000

11,000

11,000

11,000

11,000

11,000

Mileage Allowance

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

Security

7,560

7,560

7,560

7,560

7,560

7,560

7,560

7,560

7,560

7,560

7,560

Street Decorations

8,500

8,500

8,500

8,500

8,500

8,500

8,500

8,500

8,500

8,500

8,500

Anzac Day Service

1,500

1,500

1,500

1,500

1,500

1,500

1,500

1,500

1,500

1,500

1,500

Salaries

Determined by Remuneration Authority

Inter Departmental

Charges

Determined by Overhead Cost Allocation

TOTAL OPERATING COSTS

 

 

 

 

 

 

 

 

 

 

 

Carried

 

 

9.6         Te Puke Community Board Financial Report - August 2020

The Board considered a report from the Management Accountant dated 22 October 2020.

The report was taken as read.

Resolution  TP20-5.16

Moved:       Cr G Dally

Seconded:  Member R Crawford

That the Management Accountant’s report dated 22 October 2020 and titled Financial Report

Te Puke – August 2020 be received.

Carried

 

9.7         Council, Standing Committees and Community Board Meetings

The Board considered the schedule of meetings for October, November and December 2020.

Resolution  TP20-5.17

Moved:       Cr M Lints

Seconded:  Cr G Dally

That the schedule of meetings for October, November and December 2020 be received; with the following amendment to the below  meeting time:

·         Council – Extraordinary Meeting – 29 October – 10am – Trustpower Baypark, Stadium Lounge.

Carried

 

 

The Meeting closed at 8.33pm.

 

The minutes of this meeting were confirmed at the Te Puke Community Board held on 3 December 2020.

 

 

...................................................

Member R Crawford

CHAIRPERSON

 


Council Meeting Agenda

17 December 2020

 

8.3         Minutes of the Waihi Beach Community Board Meeting held on 23 November 2020

File Number:           A3937882

Author:                    Horowai Wi Repa, Governance Technical Support

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

Recommendation

That the Minutes of the Waihi Beach Community Board Meeting held on 23 November 2020 be received.

 

 

 

Attachments

1.       Minutes of the Waihi Beach Community Board Meeting held on 23 November 2020 

  


Waihi Beach Community Board Meeting Minutes

23 November 2020

Unconfirmed

   MINUTES OF Western Bay of Plenty District Council
Waihi Beach Community Board Meeting No. WB20-6
HELD AT THE Waihi Beach Community Centre
ON Monday, 23 November 2020 AT 6.30pm

 

1            Present

Member R Goudie (Chairperson), Member M Roberts, Member B Hulme, Member D Ryan,                   Cr J Denyer and Cr A Henry

2            In Attendance

J Pedersen (Group Manager People and Customer Services), A Hall (Roading Engineer West),           A Curtis (Compliance and Monitoring Manager) and P Osborne (Senior Governance Advisor)

26 Members of the Public, including 1 Community Board member and 5 Policemen

3            Apologies

Nil

4            Consideration of Late Items

Nil

5            Declarations of Interest

The Chairperson reminded members of the need to be vigilant and to stand aside from decision making when a conflict arises between their role as an elected representative and any private or other external interest that they may have.

Members were advised that if they had an interest (actual, potential, perceived, pecuniary or non pecuniary interest) in any item on the agenda, then they must declare this interest and refrain from discussing or voting on this item and are advised to withdraw from the meeting table for the item. (As per the Local Authorities (Members’ Interest) Act 1968)

No declarations were made in accordance with this agenda.

6            Public Excluded Items

Nil

7            Public Forum

The Chairperson outlined the protocols relating to the Public Forum section of the meeting as set out in the Standing Orders for the Waihi Beach Community Board. Attending members of the public were invited to take part in the public forum.

Public Forum Adjourn Meeting

Resolution  WB20-6.1

Moved:       Member D Ryan

Seconded:  Cr A Henry

That the meeting adjourn for the purpose of holding a public forum.

Carried

               

Rt Hon Helen Clark – Endangered NZ Dotterel

Ms Clark was in attendance to speak to the Board around the endangered New Zealand Dotterel, noting the below points:

·         Commended Council on the current signs on the beach regarding the need for dogs to be on a leash, however noted that these are not being complied with by everyone;

·         Noted that there are community members who have volunteered to help with the monitoring of the dogs on beaches, to help with the protection of Dotterel nesting grounds; and

·         Requested for the current yellow zone to go out to the purple zone, extending the area prohibiting dogs.

 

Pippa Coombes – Dog signage and monitoring

Ms Coombes spoke in support of Ms Clark, making the below points;

·         The opportunity for local community volunteers who could educate visitors around the dotterel nesting;

·         Noted Foxton Beach as a town that had volunteer monitoring;

·         Agreed that the dog prohibited zone should be extended to protect the Dotterel nesting;

·         The need for clearer and bigger dog fouling signs; and

·         Noted that there has been ongoing communication with Council regarding these issues.

  

Jim Cowern – Request for no parking lines behind The Porch Café

A member of the public requested that yellow lines be painted on the road behind The Porch Café, in order to avoid blocking the entrance to the grass parking area during the market days.

 

Melanie Sullivan – Pest control

Ms Sullivan believed that dogs were not the only animal that needed to be considered as a danger to the Dotterel nesting, noting that there was an increase in rabbits, wild cats and stoats around the area.

 

Andy Kennedy – Proposal for CCTV (ANPR) Cameras

Mr Kennedy advised the Board that he was of the opinion that the previous Community Board had passed a resolution to fund the installation of the CCTV cameras, noting that the technology has since improved and that he believed there was very little running cost.

Local Policemen, Senior Constable Scott Tyrrell and Senior Sargent Brian Miller, were in attendance to advise the Board of the benefits of having Automatic Number Plate Recognition (ANPR) cameras installed on the entry and exit points of Waihi Beach.

Allan Sole clarified that:

·         It was being proposed that, the company that is currently contracted to monitor CCTV in Te Puke, could also monitor the cameras for Waihi Beach; and

·         That he was of the opinion there would be no added costs to the contract that Council already had with this company.

 

Keith Hay – Katikati-Waihi Beach Residents and Ratepayers Association

Mr Hay expressed concern over the payments that have been made to the Waihi Beach Community Development Trust – MenzShed.

 

Helen Meiklejohn – Wilson Park Market parking

Ms Meiklejohn expressed concern over the current parking during the markets at Wilson Park. Council staff were asked if there was anything that could be done to help with this matter, as it was believed that this issue was an accident waiting to happen.

The Roading Engineer (West) advised the Board that he would investigate options with the Reserves and Facilities Manager.

 

Pippa Coombes – Sustainability in Waihi Beach

Ms Coombes noted that there is currently no cohesiveness around sustainability at Waihi Beach. The Board noted that this is part of the Community Plan, and recommended that Ms Coombes connect with Anna Schroeder, the Live Well Waihi Beach contractor.

 

Mike Hickey – Various Items

Mr Hickey expressed concern over;

·         Less frequent Community Board meetings;

·         Dog control monitoring on beaches;

·         Bottles on the Beach; and

·         Council organised dog events.

Public Forum Meeting Reconvened

Resolution  WB20-6.2

Moved:       Cr A Henry

Seconded:  Member B Hulme

That the meeting reconvene in formal session at 7.13pm.

Carried

 

change to order of business

The Chairperson requested that the next items of business be 9.2.10 and 9.2.2, in order to bring forward topics of high interest to the public.

 

Resolution  WB20-6.3

Moved:       Member D Ryan

Seconded:  Cr J Denyer

That in accordance with Standing Orders the order of business be changed and that items 9.2.10 and 9.2.2 be dealt with as the next items of business.

Carried

 

9.2.10    Monitoring and Dog Control over the Christmas / New Year

The Compliance and Monitoring Manager was in attendance to speak to the monitoring and dog control over the coming months, as well as addressing the issues raised in public forum around the protection of Dotterel nesting.

The below points were noted:

·         There has been incremental increases in the seasonal monitoring programme within Waihi Beach, specifically in regards to freedom camping due to increased activity and feedback from the community around issues since 2015;

·         Noted there is the opportunity for the contractors to undertake specific monitoring of the Island View Reserve under the existing contract when the peak season kicks in in late December, in regards to the Dotterels;

·         Freedom camping ambassadors will help encourage “responsible visiting” at Waihi Beach, in addition to the night time monitoring patrols;

·         Outlined the Ministry of Business, Innovation and Employment (MBIE) funding that Council has received for Freedom Camping ambassadors;

·         Noted that there is not specific monitoring undertaken in regards to Dotterel nesting, but that the Compliance and Monitoring Manager is happy to work with the Board and community to put something in place alongside the training of the ambassador role for community volunteers; and

·         The Board noted that it would be worthwhile for the community to meet the contractors to identify the community’s needs, and how community members can best support the monitoring of the beaches.

The Compliance and Monitoring Manager noted that, moving forward, she could present an informal proposal to the Board regarding local volunteers.

Public Forum member Stuart Attwood advised the Board that he has contacts through DOC who have training programmes around Dotterel monitoring. His details were passed onto the Compliance and Monitoring Manager.

The Board acknowledged the need for clear signage to highlight to community members and visitors where the Dotterel nesting sites are. It was noted that the Board would liaise with the appropriate people to identify these sites, and that they would like an image of the Dotterel to be used on the signage.

 

The Board noted the point made by a community member around the number of rabbits, wild cats and stoats that are currently around. The Group Manager People and Customer Services advised the Board that she would raise a CCR with the Bay of Plenty Regional Council who maintain this through their pest function. 

Resolution  WB20-6.4

Moved:       Cr J Denyer

Seconded:  Member M Roberts

That the Community Board welcomes and supports, in principle, the use of local volunteers to help the Compliance and Monitoring team over the coming months.

Carried

Resolution  WB20-6.5

Moved:       Member B Hulme

Seconded:  Cr A Henry

That the Community Board approve funding of up to $1,000 for additional signs to indicate targeted Dotterel nesting sites, to be funded from the Waihi Beach Community Board Reserve Account.

Carried

 

9.2.2      Live Well Waihi Beach

Ms Schroeder was in attendance to provide the Board and community members with a presentation relating to her planned actions over the upcoming two months.

The below is a brief overview:

1.    Conducting community Group engagement;

2.    Creating a digital hub directory;

3.    Resilience communication network; and

4.    Looking ahead at 2021 – working with local media, launching social media platforms, roundtable events, building an email database and all ages volunteer collaboration activities.

Ms Schroeder acknowledged the volunteer work identified earlier in the meeting regarding dog monitors, advising the Board that she would be happy to help with the design of posters and/or flyers to help spread awareness.

8            Minutes for Confirmation

8.1         Minutes of the Waihi Beach Community Board Meeting held on 12 October 2020

Resolution  WB20-6.6

Moved:       Member D Ryan

Seconded:  Member M Roberts

1.       That the Minutes of the Waihi Beach Community Board Meeting held on 12 October 2020, as circulated with the agenda, be confirmed as a true and accurate record; with the following amendment:

·         Miscellaneous line in the Draft Long Term Plan Budget to be added.

Carried

9            Reports

9.1         Rescind resolution WB20-5.7 - Verve Elevate Payment

The Board considered a report from the Senior Governance Advisor. The report was taken as read.

Resolution  WB20-6.7

Moved:       Member D Ryan

Seconded:  Member B Hulme

1.    That the Senior Governance Advisor’s report dated 23 November 2020 titled Rescind Resolution WB20-5.7 – Verve Elevate Payment be received.

2.    That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

3.    That the Waihi Beach Community Board rescind resolution WB20-5.7 : That the Waihi Beach Community Board confirm the payment of $990.45 to Verve Elevate – Advance Refine Thrive for services provided relating to the Community Plan, from the Waihi Beach Community Board Reserve Account.

And replace the resolution with the following:

That the Waihi Beach Community Board confirm the payment of $990.45 to Verve Elevate – Advance Refine Thrive for services provided relating to the Community Plan, from the Waihi Beach Community Board Miscellaneous Account.

Carried

 

9.2         Chairpersons Report - Waihi Beach Community Board - 23 November 2020

The Board considered a report from the Chairperson.

The Board took the report as read with further discussions on the below topics:

Councillor Henry asked the Board for some confirmation as to whether or not they wanted Anna Schroeder (Live Well Waihi Beach contractor) to collect feedback from Waihi Beach holiday home owners regarding their needs within the community. The Board agreed that this exercise would be beneficial.

 

9.2.3  Historical Trails

The Board was informed that the content and infrastructure for the trails are ready to be implemented. The Historical Society was exploring advice and strategies for further consultation with the wider mana whenua. Member Roberts will be meeting with the Māori Relationships and Engagement Advisor on 25 November 2020.

 

9.2.4  Rubbish on Waihi Beach Road

The Board was advised that the removal of the rubbish on Waihi Beach Road had been completed. The Roading Engineer (West) was informed that there is now rubbish on Fergus Road and it was noted that he would investigate this.

The Board noted that it would be wise to talk to the communications team around publicising this issue.

 

9.2.6  Welcome to Waihi Beach and Athenree Entranceway

The Roading Engineer (West) had a walk around meeting with Member Hulme and Councillor Denyer, in order to come up with some concept designs. From here they will be able to publicly present the proposal.

 

9.2.7  Community Space at Waihi Beach

The Board was advised that they are able to hire the Community Centre up to three Mondays a month for the purpose of holding workshops and community meetings. The Board approved to fund up to $150 per month, which would allow them to utilise the three available slots per month as needed, until 30 June 2021.

Resolution  WB20-6.8

Moved:       Member R Goudie

Seconded:  Cr J Denyer

That the Chairpersons report dated 23 November 2020 and titled ‘Chairpersons Report – Waihi Beach Community Board – 23 November 2020’ be received.

Carried

Resolution  WB20-6.9

Moved:       Member R Goudie

Seconded:  Cr A Henry

That the Community Board approve up to $150 per month from the Waihi Beach Community Board Contingency Account towards the hire of the Community Centre, up until 30 June 2021.

 Carried

 

9.3         Councillors Report Waihi Beach Community board WB20-6 23 November 2020

The Board considered a report from Councillor Henry.

The report was taken as read with further discussion on the below items:

The Board was advised by the Roading Engineer (West) that once Council had adopted the new speed limits, it could take a few months for the new signage to be put in place.

The Roading Engineer (West) advised the Board that he could put together a priority list of the identified urgent signage changes.

Resolution  WB20-6.10

Moved:       Cr A Henry

Seconded:  Member R Goudie

That the report from Councillor Henry to the Waihi Beach Community Board dated 23 November 2020 be received.

Carried

 

9.4         Waihi Beach Community Development Trust - MenzShed

The Board considered a report from the Senior Governance Advisor.

The Board took this report as read.

Resolution  WB20-6.11

Moved:       Member R Goudie

Seconded:  Member M Roberts

1.    That the Senior Governance Advisor’s report dated 23 November 2020 titled Waihi Beach Community Development Trust - MenzShed be received.

2.    That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

3.    That the Waihi Beach Community Board accept Waihi Beach Community Development Trust as a Charitable Trust.

Carried

 

9.5         Infrastructure Services Report Waihi Beach Community Board November 2020

The Board considered a report from the Deputy Chief Executive.

The Board took the report as read with further discussion relating to the below items:

Member Ryan reiterated the Boards request regarding rubbish collection on Tuesdays following long weekends.   

Motion

1.   That the Deputy Chief Executive’s Report, dated 23 November 2020 and titled Infrastructure Services Report Waihi Beach Community Board November 2020 be received.

2.   That an allocation of $50,000 from the Waihi Beach Community Roading Account towards the completion of the Trig Lookout to the Dam Walking Loop, be approved.

3.   That the Board approve the funding of up to $1,000 from the Waihi Beach Community Board Roading Account for the installation of “No Parking” lines at the Broadway Road and Tuna Road intersection, extending to 6m past the tangent points on Tuna Avenue and the Western side of Broadway Road.

Amendment

Moved:       Cr J Denyer

Seconded:  Cr A Henry

That part 1 of the motion remains unchanged.

That part 2 of the motion was deferred.

3.   That the Board approve the funding of up to $1,000 from the Waihi Beach Community Board Roading Account for the installation of “No Parking” lines and bollards at the Broadway Road and Tuna Road intersection, extending to 6m past the tangent points on Tuna Avenue and the Western side of Broadway Road.

The amendment was put. Councillor Denyer and Councillor Henry, along with ALL other Board members present voted FOR the amendment. The amendment was declared carried.

As a result, the amendment became the substantive motion and was put and carried.

 

The substantive motion follows.

 

SUBSTANTIVE MOTION

Resolution  WB20-6.12

Moved:       Cr J Denyer

Seconded:  Member D Ryan

1.   That the Deputy Chief Executive’s Report, dated 23 November 2020 and titled Infrastructure Services Report Waihi Beach Community Board November 2020 be received.

3.   That the Board approve the funding of up to $1,000 from the Waihi Beach Community Board Roading Account for the installation of “No Parking” lines and bollards at the Broadway Road and Tuna Road intersection, extending to 6m past the tangent points on Tuna Avenue and the Western side of Broadway Road.

Carried

 

9.5.1      Funding towards the completion of the Trig Lookout to the Dam Walking Loop

The Board requested further information on the Waihi Beach Cycle Trails Charitable Trust project before they felt they could approve funding. It was advised that a presentation from staff on this topic would be beneficial in helping with the decision.

 

9.5.2      Waihi Beach Community Board Roading Account

The Roading Engineer (West) advised the Board that he would follow up on the Emerton Road to Café Works (completed) in the Roading Account, as the project cost is dramatically higher than the initial estimated cost.

 

The Board asked if there was a possibility of  the Dillion Street Edinburgh Street Carpark Surfacing project funding to come from FINCO’S rather than the Waihi Beach Community Board Roading Account.

 

 


9.5.3      parking bay mark up off wilson road

The Board reiterated the issue brought up by a member of the public regarding parking on the reserve during the Wilson Street market. The Reserves and Facilities Manager is open to discussions in relation to this issue.

The Board agreed to pass a resolution for a temporary fix through the summer period.

 

Resolution  WB20-6.13

Moved:       Member B Hulme

Seconded:  Member D Ryan

That the Community Board approve up to $2,000 from the Roading Account to mark up the parking bay area behind the ‘Village People’ store off Wilson Road.

Carried

 

9.5.4      Re-painting of the seating on Wilson Road

A Community Group volunteered to re-paint the current blue seating on Wilson Road, and have asked for the Boards support and funding for this project.

The Roading Engineer (West) noted that he would have to consider the potential risks, but he would investigate the logistics around the proposed project.

Resolution  WB20-6.14

Moved:       Member B Hulme

Seconded:  Cr A Henry

That the Community Board approve funding of up to $500 from the Roading Account for the purchase of materials to re-paint the seating on Wilson Road.

Carried

 


 

9.6         Financial Report Waihi Beach - October 2020

The Board considered a report from the Management Accountant.

The report was taken as read.

Resolution  WB20-6.15

Moved:       Member D Ryan

Seconded:  Cr A Henry

That the Management Accountant’s report dated 23 November 2020 and titled Financial Report Waihi Beach – October 2020, be received.

Carried

 

 

9.7         Council, Standing Committees and Community Board Meetings

The Board considered the schedule of meetings for December 2020, January 2021 and February 2021.

Resolution  WB20-6.16

Moved:       Member R Goudie

Seconded:  Cr J Denyer

That the schedule of meetings for December 2020, January 2021 and February 2021, be received.

Carried

 

Verbal Addition to Chairpersons Report

The Chairperson noted that in addition to his Chairperson report, following the public forum, a brief conversation was had regarding an on-going interest within the community relating to the purchasing and installation of CCTV cameras in Waihi Beach. The Board resolved at the October Community Board meeting that they would wait for Councils decision on CCTV, however noted that they may review their decision for the next meeting to be held 22 February 2021. 

 

The Meeting closed at 9.17pm.

 

The minutes of this meeting were confirmed at the Waihi Beach Community Board held on  22 February 2021.

 

 

...................................................

Member R Goudie

CHAIRPERSON

 


Council Meeting Agenda

17 December 2020

 

8.4         Minutes of the Omokoroa Community Board Meeting held on 24 November 2020

File Number:           A3938006

Author:                    Horowai Wi Repa, Governance Technical Support

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

Recommendation

1.       That the Minutes of the Omokoroa Community Board Meeting held on 24 November 2020 be received.

 

 

Attachments

1.       Minutes of the Omokoroa Community Board Meeting held on 24 November 2020 

  


Omokoroa Community Board Meeting Minutes

24 November 2020

Unconfirmed

   MINUTES OF Western Bay of Plenty District Council
Omokoroa Community Board Meeting No. OM20-6
HELD AT THE Omokoroa Library & Service Centre,

28 Western Avenue, Omokoroa
ON Tuesday, 24 November 2020 AT 7.00pm

1            Present

Member T Sage (Chairperson), Member P Presland, Member J Evans, Member D Sage,                       Cr M Grainger and Cr D Thwaites

2            In Attendance

G Allis (Deputy Chief Executive), A Hall (Roading Engineer West), L Balvert (Senior Communications Specialist) and P Osborne (Senior Governance Advisor)

11 Members of the public, including one Councillor

3            Apologies

Nil

4            Consideration of Late Items

Nil

5            Declarations of Interest

The Chairperson reminded members of the need to be vigilant and to stand aside from decision making when a conflict arises between their role as an elected representative and any private or other external interest that they may have.

Members were advised that if they had an interest (actual, potential, perceived, pecuniary or non pecuniary interest) in any item on the agenda, then they must declare this interest and refrain from discussing or voting on this item and are advised to withdraw from the meeting table for the item. (As per the Local Authorities (Members’ Interest) Act 1968)

There were no declarations declared in relation to this agenda.

6            Public Excluded Items

Nil

7            Public Forum

The Chairperson outlined the protocols relating the Public Forum section of the meeting as set out in the Standing Orders for the Omokoroa Community Board. Attending members of the public were invited to take part in the public forum.


 

Public Forum Adjourn Meeting

Resolution  OM20-6.1

Moved:       Member P Presland

Seconded:  Cr M Grainger

That the meeting adjourn for the purpose of holding a public forum.

Carried

 

Keith Dickson – Mount Maunganui MenzShed Trust

Mr Dickson was in attendance to speak in support of the establishment of a MenzShed in Omokoroa, giving an overview of the purpose and benefits of having a local MenzShed.

 

The Deputy Chief Executive clarified the process in which Council has agreed to. Council will receive Expressions of Interest for both the use and location of the building, which the Community Board will review before making a recommendation to Council.

Councillor Thwaites asked for some information around the funding that the Mount Maunganui MenzShed currently receive.

 

Allan Hughes – Omokoroa MenzShed

Mr Hughes gave the Board further information relating to the benefits of establishing a MenzShed in Omokoroa.

The Board acknowledged theses benefits, but noted that being a public building Council needed to give all community members an opportunity to identify potential future uses.

A member of the public noted that he believed that, due to the security of expensive machinery and tools as well as concerns over safety, any building MenzShed used must be exclusive to them.

Member Presland encouraged the Omokoroa MenzShed representatives to look at ways of collaborating with other organisations in the community.

Mr McCabe requested that the Board consider the wishes of the original donor of the building before making their recommendations to Council. 

 

Bruce McCabe – Various Items

Mr McCabe noted the below items:

·         By not having a written Councillor’s report in the agenda it did not allow the public to comment; and

·         Sought clarification around the proposed project relating to the Western Avenue and Kayelene Place concrete walkway surface, including the colour and design of the concrete intersection.


 

Public Forum Meeting Reconvened

Resolution  OM20-6.2

Moved:       Member D Sage

Seconded:  Cr M Grainger

That the meeting reconvene in formal session at 7.20pm.

Carried

 

8            Minutes for Confirmation

8.1         Minutes of the Omokoroa Community Board Meeting held on 11 August 2020

The Board considered the minutes of the Omokoroa Community Board Meeting held on 11 August 2020.

Resolution  OM20-6.3

Moved:       Member D Sage

Seconded:  Cr M Grainger

That the Minutes of the Omokoroa Community Board Meeting held on 11 August 2020, as circulated with the agenda, be confirmed as a true and accurate record.

Carried

 

8.2         Minutes of the Omokoroa Community Board Meeting held on 13 October 2020

The Board considered the minutes of the Omokoroa Community Board meeting held on 13 October 2020.

Resolution  OM20-6.4

Moved:       Cr D Thwaites

Seconded:  Member D Sage

That the Minutes of the Omokoroa Community Board Meeting held on 13 October 2020, as circulated with the agenda, be confirmed as a true and accurate record; with the following amendment:

·         Under 7.4 the minutes should read Boat Club

Carried

 

9            Reports

9.1         Chairpersons Report - Omokoroa Community Board - November

The Board considered a report from the Chairperson.

The Board took the report as read, clarifying that “OCB constitution” was in reference to the Omokoroa Community Boards Standing Orders/procedures around public forum.

 

Resolution  OM20-6.5

Moved:       Member D Sage

Seconded:  Member J Evans

That the Chairpersons report dated 24 November 2020 titled ‘Chairpersons report - Omokoroa Community Board – November’ be received.

Carried

 

9.2         Omokoroa Community Board Councillors Report - November 2020

The Board considered the verbal Councillors Report from Councillor Thwaites.

Councillor Thwaites apologised for not getting a written report into the agenda, and touched on a few items that are currently on Councils agenda.

·         Long Term Plan (LTP) concepts;

·         Kerbside Rubbish and Recycling Collection; and

·         Expressions of Interests (EOI) for both the former Library building and the Old Pavilion.

 

The  Senior Communications Specialist was in attendance to provide the Board and community members with a run through of the new webpage that has been created to house the current Omokoroa Peninsula Projects. It was noted that this presentation will be given at the community information day happening on 2 December 2020.

 

The Board was advised that the plan is for this webpage to become district wide to capture projects in each ward.

 

Resolution  OM20-6.6

Moved:       Cr D Thwaites

Seconded:  Member P Presland

That the Councillor’s verbal report presented 24 November 2020 titled ‘Omokoroa Community Board Councillors report - November 2020’ be received.

Carried

 

9.3         Omokoroa Community Board Grant Application

The Board considered one application from the Ōmokoroa Public Art Group.

The Board approved, in full, the grant from the Ōmokoroa Public Art Group.

 

Resolution  OM20-6.7

Moved:       Member D Sage

Seconded:  Member P Presland

a)      That the Senior Governance Advisor’s report dated 24 November 2020 titled ‘Omokoroa Community Board Grant Application’ be received.

Carried

Resolution  OM20-6.8

Moved:       Cr M Grainger

Seconded:  Member D Sage

b)      That the Omokoroa Community Board approve the grant application from Ōmokoroa Public Art Group for $2,200 to be funded from the Omokoroa Community Grants 2020/2021 account, subject to all accountabilities being met.

Carried

 

9.4         Infrastructure Services Report Omokoroa Community Board November 2020

The Board considered a report from the Deputy Chief Executive. The report was taken as read.

 

Resolution  OM20-6.9

Moved:       Cr D Thwaites

Seconded:  Member P Presland

That the Deputy Chief Executive’s report dated 24 November 2020 titled ‘Infrastructure Services Report Omokoroa Community Board November 2020’ be received.

Carried

 

9.5         Financial Report Omokoroa - October 2020

The Board considered a report from the Management Accountant.

The report was taken as read, and the Board noted that committed project OM1.8 regarding the Passive Reserve at Western Avenue extension was nearly completed, and looked great.

 

Resolution  OM20-6.10

Moved:       Member D Sage

Seconded:  Member J Evans

That the Management Accountant’s report dated 24 November 2020 titled ‘Financial Report Omokoroa – October 2020’ be received.

Carried

 

 

9.6         Council, Standing Committees and Community Board Meetings

The Board considered a schedule of meetings for the months of December 2020, January 2021 and February 2021.

Resolution  OM20-6.11

Moved:       Cr M Grainger

Seconded:  Member J Evans

That the schedule of meetings for December 2020, January 2021 and February 2021, be received.

Carried

 

 

The Meeting closed at 7.45pm.

 

The minutes of this meeting were confirmed at the Omokoroa Community Board held on 16 February 2021.

 

 

...................................................

Member T Sage

CHAIRPERSON

 


Council Meeting Agenda

17 December 2020

 

8.5         Minutes of the Katikati Community Board Meeting held on 25 November 2020

File Number:           A3938009

Author:                    Horowai Wi Repa, Governance Technical Support

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

Recommendation

1.       That the Minutes of the Katikati Community Board Meeting held on 25 November 2020 be received.

 

 

Attachments

1.       Minutes of the Katikati Community Board Meeting held on 25 November 2020 

  


Katikati Community Board Meeting Minutes

25 November 2020

Unconfirmed

   MINUTES OF Western Bay of Plenty District Council
Katikati Community Board Meeting No. K20-6
HELD AT THE Centre - Pātuki Manawa, 21 Main Road, Katikati 3129
ON Wednesday, 25 November 2020 AT 7.00pm

 

1            Present

Member B Warren (Chairperson), Member J Clements, Member K Sutherland, Cr J Denyer and        Cr C Humphreys

2            In Attendance

K Perumal (Group Manager Finance and Technology Services), B Williams (Strategic Property Manager), J Osborne (Governance Support Administrator) and P Osborne (Senior Governance Advisor)

7 Members of the public, including 1 Councillor and 2 Waka Kotahi representatives

3            Apologies

Apology

Resolution  K20-6.1

Moved:       Member B Warren

Seconded:  Member K Sutherland

That the apology for absence from Member N Harray be accepted.

Carried

 

4            Consideration of Late Items

Nil

5            Declarations of Interest

The Chairperson reminded members of the need to be vigilant and to stand aside from decision making when a conflict arises between their role as an elected representative and any private or other external interest that they may have.

Members were advised that if they had an interest (actual, potential, perceived, pecuniary or non pecuniary interest) in any item on the agenda, then they must declare this interest and refrain from discussing or voting on this item and are advised to withdraw from the meeting table for the item. (As per the Local Authorities (Members’ Interest) Act 1968)

There were no declarations declared in relation to this agenda.

6            Public Excluded Items

Nil

7            Public Forum

The Chairperson outlined the protocols relating to the Public Forum section of the meeting as set out in the Standing Orders for the Katikati Community Board. Attending members of the public were invited to take part in the public forum.

Public Forum Adjourn Meeting

Resolution  K20-6.2

Moved:       Member B Warren

Seconded:  Member K Sutherland

That the meeting adjourn for the purpose of holding a public forum.

Carried

 

Chris Farnsworth – Waka Kotahi - New Zealand Transport Agency (NZTA)

 

Mr Farnsworth was in attendance to give the Katikati Community Board an update on the below topics:

 

Takitimu North Link (TNL)

·         This is one of the Bay of Plenty’s most significant roading projects;

·         New 14km four-lane expressway with provision for public transport, and a shared path for walking and cycling;

·         These will be delivered in two stages; and

1.    Tauranga to Te Puna

2.    Te Puna to Ōmokoroa

·         $933 million under the NZ Upgrade Programme announced January 2020.

 

SH2 Speed Review

Mr Farnsworth gave the Board an overview of the speed limits review.

 

SH2 Waihī to Ōmokoroa safety improvements

·         Part of the Safe Network Programme: the $101 million safety improvements between Waihī and Ōmokoroa will be completed by early 2024;

·         The project started late 2018 with construction divided into 10 stages;

·         By the end of 2020, four of these stages will be complete (including reseal work):

o   Section 1 between Waihī and Trig Road

o   Sections 2 and 3 between Trig Road and Mathers Road/Athenree Gorge

o   Section 7 between Wharawhara Road and Sharp Road

·         $101 million of safety improvements will be completed by early 2024;

·         The focus for 2021:

o   Section 6 between Kauri Point Road and Lindemann Road

o   Section 8 between Fortaleza and Sargent Drive

o   Section 9 and 10

·         Waka Kotahi have encountered challenges with people speeding through sites, endangering the construction crew, with a number of incidents recorded. They are working with NZ Police; and

·         A stakeholder and community open day will be held in February 2021 in Katikati with the view to hold similar events along the SH2 corridor.

 

SH2 Christmas/Summer holiday season

·         Waka Kotahi are continuing with their Holiday Hotspots and Estimated Journey Times to help improve traffic flow on SH2 (including through Katikati) during the peak travel periods;

·         These initiatives provide real-time travel information and offer options for motorists travelling during peak periods – encouraging alternative routes or travel at non-peak times;

·         Waka Kotahi expect the Estimated Journey Times VMS boards to reduce the amount of traffic using SH2 by redirecting them onto SH27/29 and SH29/1; and

·         To assist with traffic flow, the Katikati pedestrian crossing will also operate with a slightly extended wait time for pedestrians.

 

Katikati urban planning

·         Waka Kotahi are working with Council, the Katikati Community Board and stakeholders to help build a vision for the future of the Katikati township;

·         This project, being led by Council, is a pilot for the new One Network Framework designed to provide a common language for transport, land use and urban planning;

·         The project aims to improve the safety and movement of people around the Katikati township;

·         Focus on better understanding the ‘place’ and how people can see Katikati as a place to stop and visit; and

·         Two workshops were held during 2020, with future workshops focussing on a concept plan for the town centre.

 

Public Forum Meeting Reconvened

Resolution  K20-6.3

Moved:       Member B Warren

Seconded:  Member K Sutherland

That the meeting reconvene in formal session at 7.45pm.

Carried

 

8            Minutes for Confirmation

8.1         Minutes of the Katikati Community Board Meeting held on 14 October 2020

The Board considered the minutes of the Katikati Community Board meeting held on 14 October 2020.

Resolution  K20-6.4

Moved:       Cr C Humphreys

Seconded:  Cr J Denyer

That the Minutes of the Katikati Community Board Meeting held on 14 October 2020, as circulated with the agenda, be confirmed as a true and accurate record.

Carried

 


 

9            Reports

9.1         Chairpersons Report - Katikati Community Board - November 2020

The Board considered a report from the Chairperson. The Board took the report as read.

 

Resolution  K20-6.5

Moved:       Member B Warren

Seconded:  Cr J Denyer

That the Chairpersons Report dated 25 November 2020 titled ‘Chairpersons Report – Katikati Community Board – November 2020’ be received.

Carried

 

9.2         Katikati Community Board Councillors Report - November 2020

The Board received a verbal report from Councillor Humphreys.

Councillor Humphreys gave a brief update on the below items:

·         Continuing to seek feedback for the direction of the Community and Town Centre Plan;

·         Workshop discussions regarding future subdivisions to further expand the growing population in Katikati;

·         Councils decision to return Panepane Purakau to the local Hapū of Matakana Island; and

·         Thanked Member Clements for his contribution and work on the Community and Town Centre Plans.

Councillor Denyer advised the Board that Council will be adopting the new speed limits bylaw in the coming month.

Resolution  K20-6.6

Moved:       Member B Warren

Seconded:  Member K Sutherland

That the Councillor’s verbal report presented 25 November 2020 titled ‘Katikati Community Board Councillors Report – November 2020’ be received.

Carried

 

9.3         33 Middlebrook Drive - Community Leasing

The Board considered a report from the Strategic Property Manager.

The Strategic Property Manager was in attendance to speak to this report, taking the report as read. The Board was advised that Council needed to go through a public consultation process to gather further Expressions Of Interest. Once this has taken place the Community Board will assess, recommending to Council the most appropriate interested parties.

Resolution  K20-6.7

Moved:       Member J Clements

Seconded:  Member B Warren

1.       That the Strategic Property Manager’s report dated 25 November 2020 titled ‘33 Middlebrook Drive’ be received.

2.       That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

That it be recommended to Council

3.       That Council consults with the public in accordance with Section 138 and 82 of the Local Government Act 2002 on leasing the Property to community groups.

4.       That Expressions Of Interest be called from community groups interested in co-locating on the Property.

5.       That the call for Expressions Of Interest identify the MenzShed Katikati, Western Bay  Museum, Katikati Community Vans and Katikati Community Patrol as interested community groups.

6.       That the users of the Property lease the land on Council’s usual terms and in accordance with Council’s leasing policy.

Carried

 

9.4         Infrastructure Services Report Katikati Community Board November 2020

The Board considered a report from the Deputy Chief Executive.

The Chairperson advised the Board that the roof on a bus stop had been taken, noting that this would be reported on in the local paper.

 

Resolution  K20-6.8

Moved:       Member K Sutherland

Seconded:  Cr J Denyer

That the Deputy Chief Executive’s report dated 25 November 2020 titled ‘Infrastructure Services Report Katikati Community Board - November 2020’ be received.

Carried

 

9.5         Financial Report Katikati - October 2020

The Board considered a report from the Management Accountant.

The Board took the report as read, with the Chairperson reminding the Board that the C.E Miller Estate reserve funds are restricted in use to the purpose of beautification projects within the Katikati township. The Board noted that this is something they could consider through the Community and Town Centre Plan.

The Strategic Property Manager noted that he would investigate the left hand side of the town centre to see what could potentially be done to help clean up and beautify the entrance way.

The Group Manager Finance and Technology Services reminded the Board that they should aim to spend their full budgets for the year, to avoid the funds going into  reserves for the following year.

A member of the public noted that the laneway between the Four Square and Hall could do with some attention.

 

Resolution  K20-6.9

Moved:       Member B Warren

Seconded:  Cr J Denyer

That the Management Accountant’s report dated 25 November 2020 titled ‘Financial Report Katikati – October 2020’ be received.

Carried

 

9.6         Council, Standing Committees and Community Board Meetings

The Board considered a schedule of meetings for December 2020, January 2021 and February 2021.

Resolution  K20-6.10

Moved:       Member K Sutherland

Seconded:  Cr C Humphreys

That the schedule of meetings for December 2020, January 2021 and February 2021, be received.

Carried

 

 

The Meeting closed at 8.08pm.

 

The minutes of this meeting were confirmed at the Katikati Community Board held on 3 February 2021.

 

 

...................................................

Member B Warren

CHAIRPERSON

 


Council Meeting Agenda

17 December 2020

 

8.6         Minutes of the Maketu Community Board Meeting held on 1 December 2020

File Number:           A3939146

Author:                    Horowai Wi Repa, Governance Technical Support

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

Recommendation

1.       That the Minutes of the Maketu Community Board Meeting held on 1 December 2020 be received.

 

 

Attachments

1.       Minutes of the Maketu Community Board Meeting held on 1 December 2020 

  


Maketu Community Board Meeting Minutes

1 December 2020

Unconfirmed

   MINUTES OF Western Bay of Plenty District Council
Maketu Community Board Meeting No. MC20-6
HELD AT THE Maketu Community Centre
ON Tuesday, 1 December 2020 AT 7.00pm

 

1            Present

Member S Beech (Chairperson), Member L Rae, Member W Ra Anaru, Member S Simpson,              Cr K Marsh and Cr J Scrimgeour

2            In Attendance

R Davie (Group Manager Policy Planning and Regulatory Services) and P Osborne (Senior Governance Advisor)

3            Apologies

Nil

4            Consideration of Late Items

Nil

5            Declarations of Interest

The Chairperson reminded members of the need to be vigilant and to stand aside from decision making when a conflict arises between their role as an elected representative and any private or other external interest that they may have.

Members were advised that if they had an interest (actual, potential, perceived, pecuniary or non pecuniary interest) in any item on the agenda, then they must declare this interest and refrain from discussing or voting on this item and are advised to withdraw from the meeting table for the item. (As per the Local Authorities (Members’ Interest) Act 1968)

There were no declarations declared in relation to this agenda.

6            Public Excluded Items

Nil

7            Public Forum

The Chairperson outlined the protocols relating to the Public Forum section of the meeting as set out in the Standing Orders for the Maketu Community Board. Attending members of the public were invited to take part in the public forum.

Public Forum Adjourn Meeting

Resolution  MC20-6.1

Moved:       Cr K Marsh

Seconded:  Cr J Scrimgeour

That the meeting adjourn for the purpose of holding a public forum.

Carried

 

7.1         Stephan Simpson - Need for Stop Signs

Mr Simpson appeared as a member of the public to express his concerns around the need for a Stop Sign on the corner of Te Awhe Road and Beach Road. Residents of the Street have also highlighted their concern over a blind spot due to trees and a light pole, questioning the rationale for this one light pole being on the opposite side of the road to all the others.

 

Public Forum Meeting Reconvened

Resolution  MC20-6.2

Moved:       Member L Rae

Seconded:  Cr K Marsh

That the meeting reconvene in formal session at 7.05pm

Carried

 

8            Minutes for Confirmation

8.1         Minutes of the Maketu Community Board Meeting held on 20 October 2020

The Board considered the minutes of the Maketu Community Board meeting held 20 October 2020.

 

Resolution  MC20-6.3

Moved:       Member W Ra Anaru

Seconded:  Member L Rae

That the minutes of the Maketu Community Board Meeting held on 20 October 2020, as circulated with the agenda, be confirmed as a true and accurate record.

Carried

 

9            Reports

9.1         Chairpersons Report - Maketu Community Board - December 2020

The Board considered a report from the Chairperson. The Board took the report as read with further discussion on the below topics:

Lawn Maintenance for Village Green Market Day

The Board expressed concern regarding the lawn maintenance of the reserve prior to the popular monthly market day. The Senior Governance Advisor advised the Board that the booking for the market day had never, formally been entered into Council’s booking system. This meant that when Council undertook its prioritisation exercise with Downer this event was not captured. The Board was advised that this has now been amended to avoid running into this issue in the future.

Entrance signs into Maketu

The Board was advised that the draft design of the entrance signs should be available at the next workshop.

Bollards on sports ground

The Board was advised that the next step was to schedule an on-site meeting with the Reserves and Facilities Officer East, in order to come up with a solution to stop cars driving onto the sports ground.

Fruit trees on Reserve

The Group Manager Policy Planning and Regulatory Services gave the Board a brief overview of the Community Gardens Policy relating to the planting of fruit and nut trees.

The Board noted that they would work with the Reserves and Facilities Manager to put forward a proposal, and they can review the Community Board Long Term Plan (LTP) Budget next year, to include Community planting.

 

Resolution  MC20-6.4

Moved:       Member S Beech

Seconded:  Cr K Marsh

That the Chairperson’s report dated 1 December 2020 titled ‘Chairpersons Report – Maketu Community Board – December 2020’ be received.

Carried

 

9.2         Maketu Community Board Councillors Report - December 2020

The Board considered a report from Councillor Scrimgeour noting the below:

·         Council is putting the finishing touches on the draft Long Term Plan (LTP) in preparation for consultation in the new year;

·         On 29 October 2020 Council voted unanimously in favour to return the 172 hectares of land, commonly known as Panepane Purakau, to the five local hapū;

·         Councillors attended the opening of the Te Puke Amateur Radio Club which will be run out of the Paengaroa hall;

·         Funding approval was granted for the interchange off the motorway for the Rangiuru Business Park;

·         SmartGrowth report investigating the needs for a new town near the proposed Business Park; and

·         The Policy Committee adopted the new speed limits at the meeting held 1 December 2020.

The Board sought clarification regarding the process for the speed limit changes that were identified by the community as part of the consultation, and the reason for these not being able to be considered as part of this review.

The Chairperson encouraged the Board to think ahead with suggestions for the next speed review that may happen in a couple of years.

In relation to the SmartGrowth report, the Group Manager Policy Planning and Regulatory Services advised the Board that, before any master planning of any new town in the Eastern corridor was progressed, a district plan review will take place. This will commence once the Long Term Plan (LTP) is adopted mid 2021.

 

Resolution  MC20-6.5

Moved:       Cr J Scrimgeour

Seconded:  Member S Beech

That the Councillor’s report dated 1 December 2020 titled ‘Maketu Community Board Councillors Report – December 2020’ be received.

Carried

 

9.3         Maketu Community Board Annual Plan 2020 Requests

The Board considered a report from the Senior Governance Advisor. The Board took the report as read.

Resolution  MC20-6.6

Moved:       Member S Simpson

Seconded:  Member L Rae

1.    That the Senior Governance Advisor’s report dated 1 December 2020 titled ‘Maketu Community Board Annual Plan 2020 Requests’ be received.

2.    That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

Carried

Resolution  MC20-6.7

Moved:       Member S Simpson

Seconded:  Member W Ra Anaru

3.    That the Maketu Community Board approve funding of up to $30,000 from the Maketu Community Board Reserve Account for the installation of an additional BBQ by the Surf Club.

Carried

Resolution  MC20-6.8

Moved:       Member L Rae

Seconded:  Member S Simpson

4.    That the Maketu Community Board approve funding of up to $5,000 from the Maketu Community Board Reserve Account for the installation of a water fountain to be placed on the sports field by the Skate Park.

Carried

Resolution  MC20-6.9

Moved:       Member L Rae

Seconded:  Member S Simpson

5.       That the Maketu Community Board approve funding of up to $20,000 from the Maketu   Community Board Reserve Account for the purchase and installation of two additional pieces of outdoor gym/exercise equipment to be located at the Park Road Reserve.

Carried

 

9.4         Infrastructure Services Report Maketu Community Board December 2020

The Board considered a report from the Deputy Chief Executive. The Board took the report as read with further discussion on the below items:

Maketu Road Cycleway

The Chairperson advised the Board that, in discussion with the Deputy Chief Executive, it was identified that there may be an opportunity to complete the cycleway in two parts.

Lookout Area at Intersection of Williams Crescent and Arawa Avenue

The Board was advised that Council has inspected the area and believe that there is enough space for some metal to be placed, creating a space for vehicles to pull over.

Surf Club Car Park Reserve Rock Revetment

The Board wanted to make sure that their opinion on the options contained in Dr Jim Dahm’s report were noted in the Minute Action Sheet. The Group Manager Planning Policy and Regulatory Services provided the Board with some background into the process that Council is undertaking, and the rationale behind this.

Councillor Marsh noted that he would like to have a meeting with the Reserves and Facilities Manager in order to understand all the information relating to this on-going project.

Rauporoa Kerb and Channel

The Senior Governance Advisor was asked to get a more detailed update on this project, and report back to the Board.

 

 

Resolution  MC20-6.10

Moved:       Member S Simpson

Seconded:  Member L Rae

That the Deputy Chief Executive’s Report dated 1 December 2020 titled ‘Infrastructure Services Report Maketu Community Board December 2020’ be received.

Carried

 

9.5         Maketu Community Board Financial Report - October 2020

The Board considered a report from the Management Accountant. The Board took the report as read.

 

Resolution  MC20-6.11

Moved:       Member L Rae

Seconded:  Cr J Scrimgeour

That the Management Accountant’s report dated 1 December 2020 titled ‘Financial Report Maketu – October 2020’ be received.

Carried

 


 

9.6         Council, Standing Committees and Community Board Meetings

The Board considered a schedule of meetings for December 2020, January 2021 and February 2021.

Resolution  MC20-6.12

Moved:       Member L Rae

Seconded:  Member W Ra Anaru

That the schedule of meetings for December 2020, January 2021 and February 2021, be received.

Carried

 

The Meeting closed at 8.00pm.

 

The minutes of this meeting were confirmed at the Maketu Community Board held on 9 February 2021.

 

 

...................................................

Member S Beech

CHAIRPERSON

 


Council Meeting Agenda

17 December 2020

 

8.7         Minutes of the Te Puke Community Board Meeting held on 3 December 2020

File Number:           A3944337

Author:                    Pernille Osborne, Senior Governance Advisor - Community Boards

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

Recommendation

1.       That the Minutes of the Te Puke Community Board Meeting held on 3 December 2020 be received.

 

 

Attachments

1.       Minutes of the Te Puke Community Board Meeting held on 3 December 2020 

  


Te Puke Community Board Meeting Minutes

3 December 2020

Unconfirmed

   MINUTES OF Western Bay of Plenty District Council
Te Puke Community Board Meeting No. TP20-6
HELD AT THE Te Puke Library and Service Centre
ON Thursday, 3 December 2020 AT 7:00pm

 

1            Present

Member R Crawford (Chairperson), Member T Rolleston, Member K Ellis, Member D Snell,                 Cr G Dally and Cr M Lints

2            In Attendance

J Pedersen (Group Manager People and Customer Services) and P Osborne (Senior Governance Advisor)

7 Members of the public, including 1 media

3            Apologies

Nil

4            Consideration of Late Items

Nil

5            Declarations of Interest

The Chairperson reminded members of the need to be vigilant and to stand aside from decision making when a conflict arises between their role as an elected representative and any private or other external interest that they may have.

Members were advised that if they had an interest (actual, potential, perceived, pecuniary or non pecuniary interest) in any item on the agenda, then they must declare this interest and refrain from discussing or voting on this item and are advised to withdraw from the meeting table for the item. (As per the Local Authorities (Members’ Interest) Act 1968).

No declarations were declared in accordance with this agenda.

6            Public Excluded Items

Nil

7            Public Forum

The Chairperson outlined the protocols relating to the Public Forum section of the meeting as set out in the Standing Orders for the Te Puke Community Board. Attending members of the public were invited to take part in the public forum.


 

Public Forum Adjourn Meeting

Resolution  TP20-6.1

Moved:       Member K Ellis

Seconded:  Member T Rolleston

That the meeting adjourn for the purpose of holding a public forum.

Carried

 

7.1         Sheryl Gibney, Peter Dell and Hugh Gibney – Speed Bump on Cameron Road

Ms Gibney advised the Board of the on-going issues relating to the speed bump on Cameron Road, including her communication with Council. Ms Gibney expressed concern regarding the duration of this issue and the lack of feedback and correspondence to the effected community members.

Mr Dell spoke in support of Ms Gibney’s concerns, giving the Board some examples of the effect the speed bump has had on the surrounding houses. Mr Dell believes that the vibrations caused by trucks passing over the speed bump is the biggest contributing factor for the issues effecting his house.

It is believed that the speed bump was installed for the safety of kids during school hours, however it was noted that traffic during these times is so busy that it would be impossible to speed.

Mr Gibney added to the discussion, informing the Board that initially two speed bumps had been installed, but the other was removed due to the same issues occurring to the surrounding houses.

Mr and Ms Gibney currently reside at 135 Cameron Road, and Mr Dell currently resides at 136 Cameron Road.

The Board advised the concerned residents that they would ensure Council staff would provide them with some feedback.

 

 

7.2         Jolene Reid – Te Puke Swimming Club

Ms Reid was in attendance to give the Board some background on the establishment of the ‘Learn to Swim’ not-for-profit programme, including the amount of children currently enrolled and the 20 children who are sponsored.

Ms Reid spoke to the Board around the funding application that will be presented at the next Community Board meeting, clarifying that the $65,000 that is currently in their bank account is ear-marked for the new club room, and the Te Puke Swimming Club is unable to access this.

 

 


 

Public Forum Meeting Reconvened

Resolution  TP20-6.2

Moved:       Member T Rolleston

Seconded:  Member R Crawford

That the meeting reconvene in formal session at 7.22pm.

Carried

 

8            Minutes for Confirmation

8.1         Minutes of the Te Puke Community Board Meeting held on 22 October 2020

The Board considered the minutes of the Te Puke Community Board meeting held on 22 October 2020.

Resolution  TP20-6.3

Moved:       Cr M Lints

Seconded:  Member K Ellis

That the Minutes of the Te Puke Community Board Meeting held on 22 October 2020, as circulated with the agenda, be confirmed as a true and accurate record.

Carried

9            Reports

9.1         Chairpersons Report - Te Puke Community Board - November

The Board considered a report from the Chairperson. The report was taken as read with further discussion on the below items:

 

9.1.1      Footpath – Beatty Avenue along Te Puke Domain

The Board agreed to discuss this issue at their next workshop.

 

9.1.2      Boucher Avenue – Digital Speed Sign

Member Rolleston had received confirmation from the Tauranga Transport Operations Centre Manager at Tauranga City Council (TCC) that re-programming the digital speed sign is possible. Contact details have been passed onto the Deputy Chief Executive to follow up.

 

9.1.4      CAR PARKS – OXFORD STREET

The Board has requested, previously through the Roading Engineer (East), to have the Taxi stand car park outside Mitre10 and the motorcycle park outside Life Pharmacy be altered and marked as normal carparks.

The Board has asked for an update on the status of this request.

 

9.1.9      Te Puke Main Street beautification

Councillor Lints suggested that the Board workshop in January as part of the town project idea. The Board would then go out to the community in March, as the Te Puke/Maketu Reserve Management Plan Review preparation site visit is happening mid March 2021.

 

9.1.10    Parking Signs

The Board noted that the signs under discussion are outside the Four Square and not in the New World Carpark park area, as stated in the agenda.

The Board would like to raise a Service Request (CCR) to have the parking time limits stencilled onto the parks outside the Four Square on Jellicoe Street, to make it clearer to community members.

 

9.1.11    HERITAGE WALKING CROSSING – COMMERCE LANE / JUBILEE PARK

The Board has requested a review of the Heritage walking crossing, to see if there is a possibility of turning this into a designated pedestrian crossing.

 

 

Resolution  TP20-6.4

Moved:       Member T Rolleston

Seconded:  Member D Snell

That the Chairperson’s report dated 3 December 2020 titled ‘Chairpersons Report – Te Puke Community Board – November’ be received.

Carried

 

9.2         Te Puke Community Board Councillors Report - December 2020

The Board considered a report from Councillor Lints. The report was taken as read with some clarification around the Tynan Street signs. The Board noted that a couple of the current street names, that were provided by tangata whenua, had spaces in the wrong places. Local hapū have asked for these to be corrected.

 

Resolution  TP20-6.5

Moved:       Member K Ellis

Seconded:  Cr G Dally

That the Councillor’s report dated 3 December 2020 titled ‘Te Puke Community Board Councillors Report – December 2020’ be received.

Carried

 

9.3         Infrastructure Services Report Te Puke Community Board December 2020

The Board considered a report from the Deputy Chief Executive. The report was taken as read with further discussion relating to the below items:

 

9.3.1      ACCESSIBILITY TO BOUCHER AVENUE/FENTON TERRACE

The Board has requested an update on the status of this project, as it is still reported as under review.

 

9.3.2      Tactile Markers

The Board expressed concern regarding the work that Waka Kotahi had completed, as it was believed this work was not completed to standard. The tactile pavers do not currently lead users out to the road, which is an issue that the Board has highlighted. The Board questioned  whether this is something that they should be funding or whether this work should be completed as part of the original work.

Councillor Dally spoke in support of funding the installation of the tactile markers.

Councillor Lints also spoke in support of this motion, noting that the Community Board’s main aim is to make the community accessible to all.

 

9.3.3      Wastewater – Te Puke Alternative Discharge Options

The Board was advised that the Wastewater Advisory Group met on Monday 30 November 2020 to get things underway again. It was noted that the Te Puke Community Board Chairperson is normally part of this group, and an invitation will be sent to Member Crawford accordingly.

 

 

Resolution  TP20-6.6

Moved:       Member R Crawford

Seconded:  Cr M Lints

 

1.   That the Deputy Chief Executive’s Report dated 3 December 2020 titled ‘Infrastructure Services Report Te Puke Community Board December 2020’ be received. 

 

Carried

Resolution  TP20-6.7

Moved:       Member T Rolleston

Seconded:  Member D Snell

2.   That the installation of tactile markers at the Jellicoe Street crossings proceed at an estimated cost of $26,800, funded from the Te Puke Community Board Roading account.

Carried

 

9.4         Financial Report te puke – october 2020

The Board considered a report from the Management Accountant. The report was taken as read, with further discussion on the below item.

 

 

9.4.1      Security Budget Line

The Board asked if the current ‘Security’ budget line could be named ‘Public Safety’ in order to better capture the purpose.

 

 

Resolution  TP20-6.8

Moved:       Member K Ellis

Seconded:  Member D Snell

That the Management Accountant’s report dated 3 December 2020 titled ‘Financial Report

Te Puke – October 2020’ be received.

Carried

 

9.5         Council, Standing Committees and Community Board Meetings

The Board considered the schedule of meetings for December 2020, January 2021 and February 2021.

 

Resolution  TP20-6.9

Moved:       Cr M Lints

Seconded:  Member D Snell

That the schedule of meetings for December 2020, January 2021 and February 2021, be received.

Carried

 

 

The Meeting closed at 7.56pm.

 

The minutes of this meeting were confirmed at the Te Puke Community Board held on 11 February 2021.

 

 

...................................................

Member R Crawford

CHAIRPERSON

 


Council Meeting Agenda

17 December 2020

 

9            Council and Committee Minutes for Confirmation

9.1         Minutes of the District Plan Committee Meeting held on 27 May 2020

File Number:           A3939582

Author:                    Horowai Wi Repa, Governance Technical Support

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

 

Recommendation

That the Minutes of the District Plan Committee meeting held on 27 May 2020 are confirmed as a true and correct record and the recommendations therein are adopted.

 

 

 

Attachments

1.       DP20-5 Minutes of District Plan Committee Meeting - 27 May 2020

2.       DP20-5 Minutes Attachment - Final Decision - Black Walnut Venue  

 


Council Meeting Agenda

17 December 2020

 

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Council Meeting Agenda

17 December 2020

 


 


















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Council Meeting Agenda

17 December 2020

 

9.2         Minutes of the District Plan Committee Meeting held on 3 August 2020

File Number:           A3946993

Author:                    Horowai Wi Repa, Governance Technical Support

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

 

Recommendation

1.       That the Minutes of the District Plan Committee meeting held on 3 August 2020 are confirmed as a true and accurate record and the recommendations therein are adopted.

 

 

 

Attachments

1.       Minutes of the District Plan Committee meeting held 3 August 2020

2.       District Plan Committee - Minutes Attachment - Final Decision - RC11505L Abel Tasman Forestry Hearing  

 


Council Meeting Agenda

17 December 2020

 

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Council Meeting Agenda

17 December 2020

 


 






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Council Meeting Agenda

17 December 2020

 

9.3         Minutes of the Maketu - Te Puke Ward Forum Meeting held on 1 October 2020

File Number:           A3941390

Author:                    Horowai Wi Repa, Governance Technical Support

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

Recommendation

That the Minutes of the Maketu - Te Puke Ward Forum Meeting held on 1 October 2020 be confirmed as a true and correct record and the recommendations therein be adopted.

 

 

 

Attachments

1.       Minutes of the Maketu - Te Puke Ward Forum Meeting held on 1 October 2020 

  


Maketu - Te Puke Ward Forum Meeting Minutes

1 October 2020

Unconfirmed

   MINUTES OF Western Bay of Plenty District Council
Maketu - Te Puke Ward Forum Meeting No. MTP20-3
HELD AT THE Paengaroa Community Hall, 4 Old Coach Road, Paengaroa
ON Thursday, 1 October 2020 AT 7:00pm

 

1            Present

Cr K Marsh (Chairperson), Cr M Lints, G Webber (Mayor), Cr G Dally and Cr J Scrimgeour

2            In Attendance

M Taris (CEO) G Allis (Deputy Chief Executive/Group Manager Infrastructure Services), E Watton (Policy and Planning Manager), M Leighton (Senior Policy Analyst), K McGinity (Senior Recreation Planner) N Turner (Team Personal Assistant Administrator), and P Marshall (Executive Assistant People Customer Services).

Others

34 members of the public including those listed in the minutes, two Community Board members, and one member of the press.

3            Apologies

Nil

4            Consideration of Late Items

Nil.

5            Declarations of Interest

The Chair reminded members of the need to be vigilant and to stand aside from decision making when a conflict arises between their role as an elected representative and any private or other external interest that they may have.

There were no declarations declared in relation to this agenda.

6            Public Excluded Items

Nil

7            Public Forum

The Chairperson outlined the protocols relating to the Public Forum section of the meeting as set out in the Standing Orders for the Maketu-Te Puke Ward Forum. Attending members of the public were invited to take part in the public forum.

Public Forum Adjourn Meeting

Resolution  MTP20-3.2

Moved:       Cr J Scrimgeour

Seconded:  Mayor G Webber

That the meeting adjourn for the purpose of holding a public forum.

Carried

 

Chris Emlsly – Paengaroa Community Association

Discussed the following issues on behalf of the Paengaroa community:

McKenzie Road

Mackenzie road request was provided via the PowerPoint slide at the Ward Forum meeting but not spoken to. As per the slides, Mr Elmsly’s speaking points and requests are as follows:

·         Mackenzie Road is the first road off the main road

·         No footpaths and a single lane road without kerbing

·         Concerns are that plenty of pedestrians utilise this road, especially at night

·         Cars swing into this road, off the highway and take up the whole road (e.g. bus)

·         Narrow cars pass very close.

 

Pokopoko Reserve

·         Request to keep the ‘road reserve’ in Council ownership

·         Suggested ideas of developing the land for the community e.g. nature area or doing a land-swap with the local school.

 

Lemon Road

·         Runs alongside ‘ED’ Eastern Districts Rugby and Sports Club and also is an access point to a paper road, leading on to the main road. The Association would like this paper road to be developed

·         The area near Lemon Road and the paper road is suitable commercial land that is unable to be developed until the paper road is developed

·         There has been an increase in quarry trucks utilising this road, therefore, the Association request for the development of the paper road

·         There are parking issues with the parking restrictions near ED. Many cars park on the side of the road when there are events. This is dangerous for people crossing the road and accidents occur.

 

Conway Road Reserve

·         A plan was developed in 2019 by Council which included BBQ areas, restrooms and parking. In Paengaroa there are no public restrooms, other than at the Eastern Districts Rugby and Sports Club. However these public restrooms are not sign-posted and no one knows of their location. Access is challenging

·         The Association request to have public restrooms located at Conway Road Reserve

·         Cyclists utilise this area often and it would be a beneficial location for public restrooms for those travelling through

·         The association are awaiting on Council for the plan regarding Conway reserve – parking, restrooms, tables, playgrounds.

 

Housing

·         The Association are aware of the Smartgrowth report that discusses Greenfields Village on Maketu Road

·         According to this plan, Paengaroa is the thirty year growth option. However, Mr Elmsly believes this needs to be reviewed as there is current congestion at the local shops.

·         The local bakery owner has plans to build a supermarket in the corner section of the main shops

·         Questions were raised as to whether is the corner shop is the most suitable area for a supermarket

 

 

 

Old Coach Road

·         Council has put a proposition up for Old Coach Road residents to  purchase or lease the berms

·         Land owners would like to know where this money is going and request that a percentage goes to the development of the Paengaroa community rather than in the WBOPDC Road Stopping Account. Residents request a percentage goes to Paengaroa.

 

The Chairperson advised during this meeting, that we will work through public forum, then move onto the LTP workshop discussion. The meeting will then be adjourned and reconvened on Tuesday 13 October from 4.00 – 4.30pm

 

Esther Williams – Pugh Road

·         Mrs Williams is a local resident of the Paengaroa community and discussed the issue of overhanging trees on Pugh road that take down power lines and fall on to the road. Community members tend to cut these down themselves

·         Mrs Williams reported a tree ten years ago as a serious hazard. A limb has since fallen off and skewered into the road. This has since been pruned, however it is still a serious hazard to anyone who runs one foot off the road. Mrs Williams has concerns of serious injury being caused by the remainder of this tree.

 

The Chief Executive Officer advised the public if they would like to receive feedback to please enter their contact details onto the forms on each of the tables

 

Esther Kirk – Pukehina Residents and Ratepayers Association

Discussed numerous items to put forward as a submission for Councils LTP process

Midway Park

·         Midway Park is a reserve and park space on Pukehina parade. An application was made to Council around creating a space in Pukehina to encourage active recreation and community connections

·         Pukehina community have developed over the last few years, more permanent residents now live in Pukehina

·         Mrs Kirk advised of the Concept Plan that was developed in 2000 by Council

·         The Pukehina Residents and Ratepayers Association held a community consultation hui in 2018 to gain feedback on the Concept Plan developed in 2000. The community put forward ideas such as skate parks, bike tracks, seating, BBQ, shade, fitness trail and community garden

·         In 2019 they were granted the community matching fund to develop a skate park and seating area. This has been a successful implementation and acknowledgement was given

·         Mrs Kirk advised the next stage is to obtain more funding to develop a community garden. They are actively searching for alternative sources of funding

·         In 2012/2022 the LTP cost estimate was $82,208 and is now recorded as $16,000 to be completed in 2023. A request was made for Council to review the current budget for Midway Park development and come back to the original figures with a completion date of 2020/2021.

 

Costello Crescent

·         The Association would like a footpath developed on Costello Crescent.

 

 

Walkway/Cycleway along Pukehina Estuary

·         Resource consent has been obtained for the development of a walkway/cycleway along the estuary margin at Cutwater Road

·         A request was made for an allocation of funds to be provided for the development of this walkway/cycleway through the LTP

·         The community are prepared to also fundraise to help realise this vision.

 

Waihi Estuary

·         Waihi estuary is in poor health. Plenty of changes need to be made in the whole of the Pongakawa catchment

·         A request was made that Council commit resources to ensure the contributions to that area increase the water quality and the mauri in this estuary

·         The Association noted a budget line for erosion in the area of public reserves. Requested whether an allocation of this could go toward remedial works that need to occur in the estuary space from the Pukehina Surf club, south of the boat ramp where there is significant erosion.

 

Gravel Pit – entrance to Pukehina parade

·         It’s currently located at the entrance to Pukehina and is an eyesore. Request to be advised what it’s used for, the importance and if we can have this relocated to another space. It does not accurately reflect the vibrant Pukehina community

 

Mrs Kirk acknowledged the work done for the replacement of the boat ramp. Support was also given to the Pukehina Surf Clubs effort in raising funds for the development of the new Surf Club building.

 

Kirstie Garrett – Pukehina Community Hall

·         A meeting took place 30 September 2020. Mrs Garrett would like more facts so they’re able to accurately present these to the community

·         The Pukehina Residents and Ratepayers Association have only recently taken over the administration aspects of the community hall

·         A request was made that Council allow more time to enable the Association to collate the appropriate information and costings, so they can present these accordingly

·         Aware of the extensive repairs that are required and would like to work with Council to enable a transparent consultation moving forward

·         AGM 2 January 2020 at Pongakawa hall for the community to attend a meeting and provide options

 

Rod Simmons – Maniatutu Road

·         Pumice Pit development site owners were supposed to pay a fee for the realignment of the bend in the road which joins Maniatutu ‘long road’ and Maniatutu ‘short road’

·         This company went into receivership

·         Mr Simmonds requested to be advised of whether money was made available to Council for the realignment of this road. If yes, when will this road be realigned? Concern is that many trucks get caught on this corner and causes blockage of the road.

 

Steve Whitehead – Maniatutu Road

·         Agreed with Rod Simmons statement

·         Stated the owners had paid some money and the road would be realigned in approximately three years from this payment.

 

 

Geoff Oliver – Maketu Coastguard

·         Spoke on behalf of Community Board member S Beech

·         Mr Oliver acknowledged the opportunity to take over as caretakers of the buildings at the Kaituna Cut

·         52 people turned up over the weekend for a working bee, the grounds are tidy

 

Thanks was given to Councillor Monique Lints for donating furniture on behalf of the Te Puke Centre.

 

Mark Boyle – Te Puke EDG

·         Outlined Te Puke as a growing community where there is plenty of certainty, especially as the Kiwifruit industry is an $850million dollar industry

·         Mr Boyle outlined successful industries throughout Te Puke and the Bay of Plenty and reminded people of the Keeping Things Local campaign. Mr Boyle requested that people continue to do this and continue to support the community

·         Te Puke town centre, is a positive town and has plenty of activity of a strong business place. This includes, new restaurants and other buildings moving to town

·         Rangiuru Business Park – Provincial Growth Fund funding the interchange from Tauranga Eastern Link. Potential to create hundreds, if not thousands of new jobs

·         Mr Boyle acknowledged and thanked Council’s support in progressing Rangiuru Business Park.

 

Ian MacDermont – Paengaroa Hall Committee

·         Chairman of the Paengaroa Hall Committee for over thirty years

·         Mr MacDermont discussed Council’s decision to have consultants oversee the halls, which in his view was not necessary.

 

Matthew Bucton – Roading Issues

·         Concerns around roading issues in Paengaroa

·         Mr Buxton brought up issues around signage in non-logical locations. E.g. the Paengaroa school zoning goes out into the orchards but at the other end, doesn’t go past the school

·         Proposal to change 50km zone along Wilson Road to make 50km on this side of the bridge

·         Mr Buxton believes the road sign should be 50km on the other side of the bridge so people see it and slow down before they cross the bridge

·         Te Matai hill – the hidden queue sign is located in the wrong area.

 

Mike Fitzpatrick - Roading Issues

·         Mr Fitzpatrick agrees with Mr Buxton regarding roading and maintenance

·         Lack of maintenance completed on Maniatutu Road, refuse to do cut-outs on the road. Finds workers are constantly doing the same work.

 

Richard Crawford – Te Puke Community Board

·         The Te Puke Community Board works closely with the Maketu Community Board and extends the invite to the Paengaroa Community

·         Board Member Crawford endorsed Mark Boyle’s presentation and belief of caring for our community

·         Great community initiatives taking place such as Co-Lab, community organisations working together

·         COVID-19 opened the door in terms of identifying the elderly and vulnerable in the community.

 

 

Public Forum Meeting Reconvened

Resolution  MTP20-3.3

Moved:       Cr J Scrimgeour

Seconded:  Mayor G Webber

That the meeting reconvene in formal session at time 8.05pm.

Carried

 

8            Presentations

Nil

9            Minutes for Confirmation

9.1         Minutes of the Maketu - Te Puke Ward Forum Meeting held on 23 June 2020

Recommendation 

Moved:       Cr M Lints

Seconded:  Cr G Dally

1.       That the Minutes of the Maketu - Te Puke Ward Forum Meeting held on 23 June 2020 be received and the recommendations therein be adopted.

 

 

10          Reports

10.1       Maketu-Te Puke Ward Forum Minute Action Sheet

The Maketu-Te Puke Ward Forum considered a report dated 1 October from Executive

Assistant People and Customer Services. This report was taken as read.

Resolution  MTP20-3.4

Moved:       Cr J Scrimgeour

Seconded:  Cr G Dally

That the report from the Executive Assistant People and Customer Services dated 1 October 2020 titled ‘Maketu-Te Puke Ward Forum Minute Action Sheet’ be received.

Carried

 

 

 

 

 

 

 

Suspension of Standing Orders

Resolution  MTP20-3.5

Moved:       Mayor G Webber

Seconded:  Cr K Marsh

A motion was moved that Council suspend standing orders.

Carried

 

10.2       Workshop on Long Term Plan Topics

The Policy and Planning Manager introduced the Long Term Plan (LTP) Workshop and

outlined the difference of this Ward Forum meeting due to the Long Term Plan component.

 

The Policy and Planning Manager advised that Council is seeking feedback from the public for the

LTP process. The room then broke out into three discussion groups, focusing on the Long Term

Plan.

 

Resumption of Standing Orders

Resolution  MTP20-3.6

Moved:       Mayor G Webber

Seconded:  Cr K Marsh

That the Maketu/Te Puke Ward Forum resume standing orders.

Carried

 

Meting be adjourned

Resolution  MTP20-3.7

Moved:       Cr K Marsh

Seconded:  Mayor G Webber

That the meeting be adjourned to Tuesday 13 October at 4.00 – 4.30pm in Chambers at the Western Bay of Plenty District Council – 1484 Cameron Road, Greerton, Tauranga.

Carried

 

 

The Meeting adjourned at 9.05pm.

 

 

 

 


 

MINUTES OF Western Bay of Plenty District Council
Maketu - Te Puke Ward Forum Reconvene Meeting No. MTP20-3
HELD AT COUNCIL CHAMBERS, 1484 CAMERON ROAD, GREERTON, TAURANGA

ON Monday, 19 October 2020 AT 11:15AM

 

Attendees

In Person:            Mayor G Webber

Via Zoom:            Cr K Marsh (Chairperson), Cr M Lints, Cr G Dally and Cr J Scrimgeour

 

Other Attendees

M Taris (CEO) and P Marshall (Executive Assistant People and Customer Services)

 

Apologies

Nil.

 

INTRODUCTION

The Chairperson welcomed everyone and declared the ‘reconvene meeting’ open. 

 

11             Recommendations to council / committees      

 

9.1         McKenzie Road - Paengaroa Community Association

Elected Members commented on the request for the development of McKenzie Road and acknowledged staff comments.

Resolution  MTP20-3.8

Moved:       Cr J Scrimgeour

Seconded:  Cr K Marsh

Staff to review the mowing frequency of the berm along McKenzie Road and advise whether this frequency can be increased.

Carried

 

9.2         Pokopoko Reserve - Paengaroa Community Association

The Elected Members acknowledged the staff comments that Council will retain the land in the interim.

 

9.3         Lemon Road - Paengaroa Community Association

The Elected Members discussed the request to develop the paper road. Elected Members then acknowledged the staff comments and noted that the Reserve Management Plan is due for review 2021/2022. The development of Lemon Road and the paper road will be reviewed at this time.

 

9.4         Conway Road Reserve – Paengaroa Community Association

With regard to the installation of public restrooms and further development of the Conway Road Reserve, Elected Members acknowledged the staff comments advising of funding for this project being subject to the Long Term Plan approval process.

 

9.5         Housing – Paengaroa Community Association

Elected Members discussed Smartgrowth and that this is an ongoing review. Discussions continued regarding Mr Elmsly’s query of the possibility of a supermarket  being built on the corner of the main shops in Paengaroa. The Elected Members advised that the person wishing to build the supermarket will be required to apply for a consent and will go through the standard consent process. Council will process this consent inline with policies and procedures, as they would with any other consent process.

 

9.6         Old Coach Road – Paengaroa Community Association

Elected Members acknowledged the staff comment.

 

9.7         Pugh Road – Esther Williams

Westlink (Council’s contractors) have been notified and will review trees surrounding Pugh Road in due course.

 

9.8         Midway Park – Pukehina Beach Ratepayers Association

The Elected Members acknowledged the presenters request to bring the development of Midway Park forward from 2023 to 2020/2021. Elected Members noted a submission to the Long Term Plan is required as there is no current plan to bring this forward.

Resolution  MTP20-3.9

Moved:       Mayor G Webber

Seconded:  Cr J Scrimgeour

That a submission is made to the Long Term Plan for the development of Midway Park to be completed in 2020/2021 for the original cost estimate of $82,208.

Carried

 

 

 

9.9         Costello Crescent – Pukehina Beach Ratepayers Association

The Elected Members discussed the request for a footpath to be developed on Costello Crescent. Elected members noted a submission for the Long Term Plan is required.

Resolution  MTP20-3.10

Moved:       Mayor G Webber

Seconded:  Cr M Lints

That a submission is made to the Long Term Plan for the development of a footpath on Costello Crescent.

 Carried

 

9.10       Walkway/Cycleway along Pukehina Estuary – Pukehina Beach Ratepayers Association

Elected Members acknowledged staff comments that this request will be assessed against the Walking and Cycling Action Plan priorities and annual budget.

 

9.11       Waihi Estuary – Pukehina Beach Ratepayers Association

The Elected Members noted the majority of this request sits with Bay of Plenty Regional Council. However the Councillor J Scrimgeour requested Andre Hickson from Wai Kokopu be invited to the next Ward Forum meeting to discuss their initiative.

Resolution  MTP20-3.11

Moved:       Cr J Scrimgeour

Seconded:  Cr K Marsh

That the Ward Forum minute taker invite Andre Hickson from Wai Kokopu to the next Ward Forum meeting on 15 December.

Carried

 

9.12       Gravel Pit – Pukehina Beach Road – Pukehina Beach Ratepayers Association

Elected Members noted this request sits with NZTA, New Zealand Transport Agency.

Resolution  MTP20-3.12

Moved:       Cr K Marsh

Seconded:  Mayor G Webber

That the Group Manager Infrastructure Services to follow up regarding the re-location of the gravel pit on Pukehina Beach Parade and pass this request on to NZTA.

Carried

 

 

 

9.13       Pukehina Community Hall – Kirstie Garrett

Elected Members acknowledged that a subsequent meeting was held with Council staff after the Ward Forum meeting. Elected Members acknowledge that the Pukehina Community Hall committee will present their findings to their next meeting AGM on 2 January 2021.

 

9.14       Maniatutu Road – Rodd Simmonds

Elected Members acknowledged the staff comments that works are due to be completed in 2021. Elected Members also advised that based on their knowledge, the agreement was for road widening not the realignment of the road.

 

9.15       Maketu Community Coastguard

Elected Members acknowledged the presentation.

 

9.16       Te Puke EDG - Mark Boyle

Elected Members acknowledged the presentation.

 

9.17       Paengaroa Community Hall

Elected Members acknowledged the presentation.

 

9.18       Roading and Signs – Matthew Bucton

Elected Members acknowledged that CCRS (Contact Centre Requests) have been raised with Westlink (Council’s contractors) to address Mr Bucton’s concerns.

 

9.19       Te Puke Community Board

Elected Members acknowledged the presentation.

 

 

The Meeting closed at 12.10pm.

 

 

 


Council Meeting Agenda

17 December 2020

 

9.4         Minutes of the Extraordinary Council Meeting held on 29 October 2020

File Number:           A3914105

Author:                    Barbara Clarke, Senior Governance Advisor

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

Recommendation

That the Minutes of the Extraordinary Council Meeting held on 29 October 2020 are confirmed as a true and correct record and the recommendations therein are adopted.

 

 

 

 

Attachments

1.       Minutes of the Extraordinary Council Meeting held on 29 October 2020 

  


Extraordinary Council Meeting Minutes

29 October 2020

Unconfirmed

                                               

MINUTES OF Western Bay of Plenty District Council
Extraordinary Council Meeting No. C20-13 HELD AT THE Trust Power

Arena, Stadium Lounge, 81 Truman Lane, Mount Maunganui
ON Thursday, 29 October 2020 AT 10.00am

 

1            Present

Mayor G Webber (Chairperson), Deputy Mayor J Scrimgeour, Cr G Dally, Cr M Dean, Cr J Denyer, Cr M Grainger, Cr A Henry, Cr M Lints, Cr K Marsh, Cr M Murray-Benge and Cr D Thwaites

 

2            In Attendance

M Taris (Chief Executive Officer), G Allis (Deputy CEO/Group Manager Infrastructure Services), R Davie (Group Manager Policy Planning and Regulatory Services), J Pedersen (Group Manager People and Customer Services), K Perumal (Group Manager Finance and Technology Services), D Pearce (Community Manager), E Watton (Policy and Planning Manager), B Whitton (Customer Service and Governance Manager), L Balvert (Senior Communications Specialist), R Chambers (Events Specialist), C Lim (Engagement Specialist), C Nepia, (Māori Relationships and Engagement Advisor), P Tapsell (Workforce Development and Cultural Advisor), C Irvin (Senior Governance Advisor), and B Clarke (Senior Governance Advisor)

 

COMMUNITY BOARD

R Crawford (Chair, Te Puke Community Board)

 

OTHERS IN ATTENDANCE

Ms M Hill, Legal Counsel (Cooney Lees Morgan), Council staff in support roles, Members of the Media and approximately 300 Members of the Public.

 

Standing Orders - Opening Meetings

 

Section 10 – Western Bay of Plenty District Council Operative Standing Orders

10. Opening and Closing

 

Local authorities, local boards and community boards may, at the start of a meeting, choose to recognise the civic importance of the occasion through some form of reflection.  This could be an expression of community values, a reminder of the contribution of members who have gone before or a formal welcome, such as a mihi whakatau. Options for opening a meeting could include a karakia timatanga, mihi whakatau, or powhiri as well as karakia whakamutunga to close a meeting where appropriate.

 

OPENING THE MEETING – ngĀ pŌtiki

 

 

Mayor Webber invited Kaumatua Waka Taite to open the meeting with a whakatau.

 

Mr. Taite, representing Ngā Pōtiki, gave a whakatau in Te Reo Māori and English, opening the meeting, acknowledging ancestors and welcoming all present.

 

Some of the attendees and tamariki of Matakana Island sang a waiata.

 

Mr. Taite concluded the whakatau in Te Reo Māori with a karakia.


 

the Mayor’s welcome

 

 

Mayor Webber gave a mihi in response to Ngā Pōtiki, thanking Kaumatua Waka Taite for his whakatau and the Tangata Whenua and Tamariki of Matakana Island for their waiata.  He welcomed all staff and attendees and advised that the meeting would be live-streamed. 

 

3            Apology

Apology

Resolution  C20-13.1

Moved:       Cr M Dean

Seconded:  Cr M Grainger

That the apology for absence from Cr Humphreys be accepted.

Carried

 

4            Consideration of Late Items

Nil.

5            Declarations of Interest

Nil.

6            Public Excluded Items

Nil.

7            Public Forum

Public Forum Adjourn Meeting

Resolution  C20-13.2

Moved:       Deputy Mayor J Scrimgeour

Seconded:  Cr D Thwaites

That the Council meeting be adjourned for the purpose of holding a public forum.

Carried

 

 

PUBLIC FORUM SPEAKERS

 

Mayor Webber invited those who had indicated they wished to speak in Public Forum to come forward in the order called, and he outlined Council’s rules for Public Forum speaking times to ensure that the business of the meeting could be conducted in a timely manner. He welcomed each speaker.

 

A.        Ngaraima Lee Taingahue addressed the meeting with a mihi, beginning in Te Reo Māori.  She acknowledged ancestors, whose photographs were on display, sending aroha for their guidance and so they too could be part of the proceedings, and she led the meeting in a minute of silence in respect of the ancestors and those who could not be present at the meeting today.  She greeted Mayor Webber and the Councillors, and noted the following:

 

·           She lived directly opposite Panepane Purakau and it was a beautiful sight she saw and admired every day. 

·           She was on the Panepane Project Group representing the five hapū of the Matakana Islands that had progressed work alongside the Council for the return of Panepane Purakau.

·           She had experienced the journey to raise the issue of the return Panepane Purakau for three years.

·           The first request to return the land had been turned down and it had been a process after each election to approach the sitting Mayor and Council to request that they consider the return of the land, the “political hot potato” this had become.  Every time the request was made it was either withdrawn or postponed along with hapū hopes and aspirations.  They had resigned themselves to the fact that their tamariki would have to take up the kaupapa for them.

·           In 2019, the hapū were at “breaking point”, but were so pleased that elected members with integrity had come in and listened to their concerns and now the moment had come.

·           She acknowledged and paid tribute to the leadership and courage of Mayor Webber and the elected Councillors for delivering on the collective promise to return Panepane Purakau to the hapū of the islands.  Today was a “magnificent” day and they paid tribute to Council’s leadership and staff who had supported their kaupapa in the true spirit of partnership.

·           They would not be approaching the Māori Land Court now without having gained the support of Council. Although there was still work to be done in the process and the journey was not over yet, the volume of supportive submissions had proved an overwhelming support for this to happen. That support was not only local but the voices of many communities and from around the world. She thanked all those submitters sincerely for their support. 

·           The hapū promised to continue to look after Panepane Purakau as they had always done for the greater good, and to continue to work together with the Port of Tauranga to safeguard navigational beacons. Panepane Purakau was in safe hands and it was a responsibility inherited by every generation. Panepane Purakau represented “their past, their today and their future”.

·           When they looked back, they would remember the great council leadership that had led to the land’s return, and this would be ingrained in their history.

·           Tangata Whenua’s relationship with the land around their islands was more than physical but was a spiritual, emotional, social and cultural relationship. Their island, land, sea and lifestyle was deeply entrenched within them and that was who they were.

 

B.        Brendon Taingahue, (Te Whānau A Tauwhao), resident of Rangiwaea Island, addressed the meeting with a mihi, beginning in Te Reo Māori.  He noted the following:

 

·           He acknowledged Mayor Webber, the elected Councillors and the Council staff for having the faith and confidence to consider the return of Panepane Purakau and for providing the opportunity for hapū to get to the Māori Land Court.

·           He acknowledged the many whanau who had attended the hui in support today, and thanked them for helping to make history and standing up for the return of Panepane Purakau.

·           He noted that today was a long awaited day that had finally arrived. It had taken many years to get to this point.

·           He lived at Rangiwaea Island with his whānau. His work required him to travel daily by boat to Tauranga to pick up his workers and return to Rangiwaea via Panepane.  He looked at how close they were to Panepane and looked at Mauao (Mt Maunganui) watching over him on these journeys. He had experienced frustration with the long kaupapa (fight) for the return of Panepane. Now he saw “light at the end of the tunnel” for the possible return of the whenua (land) to the five hapū.

 

 

 

·           He considered this was the fairest and most equitable way of recognising everyone’s whakapapa (genealogy) in the five hapū who were Te Whānau A Tauwhao; Ngati Tauaiti; Te Ngare; Ngai Tūwhiwhia; and Ngai Tamawhariua.

·           He had heard rhetoric from some in the community that Māori in Tauranga Moana were getting all their land back.  In fact, Panepane represented only 1% of the total land taken in Tauranga Moana during the times of the mass land confiscations, so this was important. Their elders told them they must take care of their past so they could take care of their future. That was what they were doing right now.

·           Over the last few years, they had gone through Council processes and had built a relationship with Mayor Webber and the Councillors. The frustrations had slowly subsided and he was elated that the kaupapa stopped here and that the whenua could be passed on to the coming generations so they did not inherit a burden from the past. 

 

C.        Tangiwai Manihera-Palmer, resident of Matakana Island, Tabled Item (1): A panoramic, aerial photograph showing Matakana Island, and she addressed the meeting as follows:

 

·           She and her husband were now in a bid for a contract for the neighbouring block to Panepane.

·           She wanted to see Panepane returned, but questioned why the original owners were not offered the land back first.

·           She had wanted the neighbouring block to Panepane, as there was a significant urepā (burial ground) on that land.  Approximately 2,000 of their people were buried there.

·           She supported the return of Panepane, as that land was so close together with her land.

 

D.        Hera Brown gave a greeting, advising that her whakapapa was to Matakana and her hapū was Ngati Tauaiti.  She addressed the meeting as follows:

 

·           She acknowledged the comments made by the previous speakers.

·           She had always been a supporter of the original descendants of Panepane Purakau.

·           She agreed it was time to have the land returned. 

·           She considered there had been no acknowledgement of the descendants as a group, and that they had not had the opportunity to say anything.  Council had missed out including this group of people.  But she was pleased to see today that the descendants were actually being acknowledged and that they did have rights.

·           This was about getting the land back for everybody and there was an impact for everybody. 

·           It had been said that if the land was given back to the original descendants there would not be an equal spread, but they had always said that they were all one people and were all descendants of one people, and yet, it had been said in the report that to have the land go back to the original descendants would be a disadvantage.

·           She raised the option of the return of Panepane Purakau without a reserve and expressed concern that they had to give up some of that land for public use. It disappointed her to think that was one of the options.  It had been said that if the land was not made a public reserve there was no guarantee of access for the public, but they were sensible people. Her people would not stand there and stop people coming on to the island, unless they were provoked, although she was aware it had been done.  She remained disappointed that 7 hectares of the land was to be given away as a public reserve, because she was not likely to use it.  She lived on the other side of the island and did not get through that plantation and the roads were not their roads but belonged to the Council. Her people were giving away 7 hectares of land so people could come and land on the beach with their motorboats.  There was no guarantee that people using the reserve might not accidentally burn that plantation down, and this had always been a concern over time.

·           She thanked everyone for listening to her.


 

 

E.        Rob Paterson, Tabled Item (2): “Panepane Point / Matakana Island Advertorial” and addressed the Council in opposition to the current Panepane Point / Purakau proposals.  He noted that he was speaking to his written Submission No.4409, Pages 4547 to 4732 of the feedback booklet, and his Memorandum dated 27 July 2020.  He noted the following:  

 

·           He considered that the Council had not complied with the procedures or requirements laid down under the provisions of the Public Works Act 1981 (the Act), Sections 40, 41 & 42.

·           Before any action could be taken, the land must be declared and resolved by Council to be surplus to requirements and no longer required for the purposes for which it was originally acquired, being harbour works. To date, the Council had not resolved that this was the case, nor did the Council have any grounds to do so, nor could it be legitimately said that this was the position.

·           He considered that the Council had not diligently endeavoured to trace, ascertain or properly identify the original owners of the land taken in 1923 or their successors. It seemed there had been no proper or meaningful consultation with all these potentially involved, interested parties. 

·           The Council had not taken steps to set a current market value, or offered to the original owners (or their successors) the option to purchase the land at that valuation.

·           The overriding, compelling legal factor was that, as the land was not surplus to requirements and the use for which the land was taken had not ceased, then nothing else could arise until that occurred.

·           In his opinion, what Council was proposing to do with Panepane was unlawful under the Act.  The Minister Eugene Sage clearly set out the position in her letter dated 14 August 2020, quoted as: “that if the District Council determines that under Section 40 of the Act that the land is no longer required and none of the exemptions apply, then the land must be offered back to the former owner or their successor… at the current market value of the land”.  

·           He had seen no evidence that the Council had obtained an external, independent, written legal opinion supporting the Council’s stance.

·           He had lodged a complaint to the Ombudsman over the Council’s refusal to provide information sought by him in letters with regard to details on the Hapū Trust, and existing easements in favour of Tauranga Port (if any).  

·           The Owners’ Group Submission No. 6787 by Keepa and Submission No. 6366 by Henrietta Kuka Lawson, the secretary of the Owners’ Group, were pertinent.

·           A photograph showing Panepane Point circa pre-1914 indicated the area was covered with sand and low lying scrub. It was hard to understand this area was of any cultural significance in the recent past, as claimed by some people.

·           Should the Council decide to proceed with the proposal in the way indicated to date, it could be facing proceedings under Section 44 of the Local Government Act 2002, for malfeasance in office, and incur personal liability if found to be unlawful.

·           In addition, if proceeding, the matter would be referred to:

o    The Minister for Conservation;

o    The Auditor-General;

o    The Attorney-General;

o    The Ombudsman;

o    The Minister of Local Government; and

o    Others, including the Minister for Finance and Minister responsible for infrastructure of national importance, such as ports.

·           He considered there was a real likelihood of High Court proceedings being taken by the Owners Descendants Group.

·           In due course, the issue of harvesting pine trees and replanting with replacement native trees may cause public consternation, especially on the question of costs.

·           He referred to the 2011 High Court case Palmer & Rolleston vs Western Bay of Plenty District Council, where the judge found that the purpose for which the land was taken in 1923 had not changed or ceased.

·           The wellbeing of Tauranga Port and Tauranga Harbour and the importance of future harbour works must be unimpeded if the need arose to maintain that position.

·           He advised Councillors to maintain the status quo, seek independent legal advice and obey the current law. He urged Council to talk to all Western Bay citizens, including Māori interests, the Port of Tauranga and all affected parties and to look for legal solutions which could conceivably see some of the land going back to entitled Māori interests.

·           He considered that time was not of the essence and there was no urgency while the Act continued to apply. 

 

Mr. Paterson responded to a question of clarification noting that he considered that the situation had not got to the stage of offering land back to the descendants yet, as he believed that, currently, the Public Works Act still applied and if the Act no longer applied, then the land must be offered back to the original owners or their descendants.

 

F.         Taiawa (Christine) Kuka, a descendant of the original owners and resident of Matakana Island, addressed the meeting as follows:

 

·           She gave a greeting in Te Reo Māori and noted it was good to be at the meeting today.

·           She was a direct descendant of the original owners.

·           She acknowledged how this matter impacted on the others as well as it impacted on the descendants. 

·           As far as she was concerned, their fight was together.  She was fighting for their land, and accepted that it did belong to all of them.

·           She requested that the Council not leave them out as descendants, and that was why she stood today for the descendants.   

·           Some may be more equal than others, but they were the Tangata Whenua and she did not want any issues coming between them.  

·           If the land was given back to them jointly, then they would have a future, and as long as they were together making decisions, they would get on and it was good for the tamariki (children).

 

G.        Jason Pou, introduced himself as a Lawyer acting for the Hapū Trust (the Trust), and noted that the Trust was the subject of an application that would be made to the Māori Land Court.  He addressed the meeting as follows:

 

·           It was disappointing today to hear someone try to highlight animosity amongst the Māori groups in an effort to lay blame at the feet of the Council, and to suggest that an application could not be granted.  

·           Notwithstanding the disagreement in amongst the Māori groups, the meeting had heard that they all sought the same outcome, which was the return of their land.

·           He considered it offensive that a person had intimated that the Council was trying to separate the Tangata Whenua and “pit them against one another’.  What had been said suggested that the leadership that had been highlighted by the hapū was absent, when it had clearly been acknowledged and appreciated by the people. 

·           The Public Works Act 1981 (the Act) had been misrepresented by a speaker. Section 41, subsection 1, subsection (e) provided the ability for the Māori Land Court to make those decisions.

·           The Māori Land Court was a specialist tribunal/court that had been set up and had specifically been given the authority to determine who the rightful owners were of any particular land, where that land was owned by Māori, prior to it being taken.  The Māori Land Court brought the skills of particular judges, who were specifically selected to determine matters, including matters relating to mandate, under Section 30 of the Te Ture Whenua Māori Act 1993, which allowed the Council to allow those processes to occur.

 

·           He had listened today to a number of threats that were made against the Council, threats that other people would take High Court action.  These sorts of threats could not be taken seriously.  If people were going to make a High Court application those people could speak for themselves. To hear a speaker suggest that he knew what Māori were thinking, when Māori had come to the hui and clearly expressed what they were thinking and what they wanted, was offensive.  He cautioned that some people needed to think more about what they said before addressing the Council, misrepresenting the law and seeking to “put words in the mouths of others” who did not want them to speak for them. 

·           The meeting had heard that the Māori hapũ were not getting everything that they wanted and there was an issue around the reserves.  Essentially, as talks had progressed, the hapũ had seen that the proposal for the reserves and the easements, which had already been agreed, was a way that they could maintain relationships they had with the Council.  He assured the meeting that the due diligence had been done.

·           In terms of the purposes for which this land should be held; if the land needed to be held because of the erosion of the island, it had been shown over the years that the pine plantation had not achieved the purposes for which the land was taken.  Even if it was said that was still a requirement, only the fringes where that erosion was happening and not 50 hectares into the middle of the island as that was not where there was erosion.  It was clear that was not required.  An injustice could be remedied.  

·           In terms of the significance of Panepane itself, the Tangata Whenua spoke of the four heads of the people buried in that land and it was extremely significant for them to get that land back for all of their people.  He understood that the conversation was still happening, and it was hoped that people would not think that this was the end of that discussion.  Those discussions would be continued into the Māori Land Court.

·           This proposal was about doing the right thing. He reminded everyone present about the 7,000 plus submissions that had been received by Council, with the vast majority in support of the proposal.  In terms of Council’s constituency, a large proportion, therefore, had spoken in support.

 

H.        Kaumata Hauata Palmer, gave a greeting in Te Reo Māori and addressed the meeting as follows:

 

·           He was grateful and thanked everyone for what had happened to date. 

·           He was a direct descendent of two of the original owners. 

·           Over the last seven or eight years they had been planning and working towards the return of Panepane.  He was also one of the two gentlemen in the 2011 High Court case Palmer & Rolleston vs Western Bay of Plenty District Council, which had been mentioned today by another speaker.  

·           Over many years, they had planned for the return of Panepane.  In November 2015 at a hui, they had decided that the easiest and most efficient way forward was to get some structure and they had formed the hapũ entity. To anyone who had questioned this, the organisation was registered and they were at the hui today.

·           They had planned everything, from what may happen in the future if things went ahead, to what happens if things did not come to pass. They had made plans for every eventuality which may come their way.  They were not just “reaching for the sky” as they did know what they were doing.

·           Now they had come to this point and it was a great day for them.  The good thing that had come out of this, was that it had unified them in a good way and brought them all together.  The majority had agreed on this proposal as the pathway to follow. Of course, as with any community, there were disagreements, and they did have some, but they had come with a majority of opinion in agreement. 

·           This was an historic day for Matakana. They could “see the light at the end of the tunnel” and be able to obtain and hold Panepane Purakau.


 

 

·           “There were people who made things happen; there were people who waited for things to happen; and there were people who asked ‘what happened?’”.  In relation to the first part of this saying, Mayor Garry Webber fitted into that first category, because he has made this happen for them.

·           He had known and discussed Panepane Purakau with other Mayors but it had not succeeded up to this point, but Mayor Webber had worked with the Council and with Matakana hapũ as part of Council’s community. He acknowledged the hard work that had been done by Mayor Webber, the Councillors and a number of staff to help this proposal to happen.

·           The support received through the submission process was overwhelming for them and they were grateful.

 

Mr Palmer closed his address in Te Reo Māori.

 

Some of the attendees and the Tamariki of Matakana Island sang a waiata.

 

Kaumatua Hauata Palmer concluded the Public Forum section for speakers in Te Reo Māori.

 

 

Public Forum Meeting Reconvened

Resolution  C20-13.3

Moved:       Cr M Murray-Benge

Seconded:  Cr D Thwaites

That the Council meeting reconvenes in formal session at 10.54am.

Carried

 

8            Report

8.1         Proposal to transfer Panepane Purakau

 

Acknowledgements

 

Mr Chris Nepia, the Kaiārahi Whakapiri (Māori Relationships and Engagement Advisor), gave an address in Te Reo Māori, noting that it was important to begin by acknowledging those people who had helped Council to get to where it was today in this matter; those present at the hui; those watching from near and far; and also those who, as was so movingly put this morning, were not able to be present today. There was no doubt that the decision before the Council this day was a significant one, so he acknowledged the Mayor and Councillors for that as well.

 

Overview – Staff Report

 

The Kaiārahi Whakapiri (Māori Relationships and Engagement Advisor), who was the author of the report in the agenda, then provided an introductory overview of the report as follows:  

 

·         At a Policy Committee meeting held 28 July 2020, Councillors had resolved to put out a proposal for public consultation that related to the return of Panepane Purakau to the five hapũ of Matakana Island, those being: Ngai Tūwhiwhia; Ngati Tauaiti; Te Whānau A Tauwhao; Te Ngare; and Ngai Tamawhariua.

 

 

·         The report summarised the views of the Public that had been received during that consultation.

·         Importantly, the report also proposed options for Councillors to deliberate on, based on the summary of those views. 

·         Council staff and Council’s Legal Counsel had the job of providing Councillors with the information they needed to make their decision, knowing that Councillors had the job of hearing and considering the views that had been put before them, and to assess the advantages and disadvantages of the options.

 

Mr Nepia introduced the following persons present today who had played key roles in the kaupapa:

 

·         Ms Rachael Davie, Group Manager Policy, Planning and Regulatory Services (WBOPDC)

·         Mr Gary Allis, Deputy Chief Executive/Group Manager Infrastructure Services (WBOPDC)

·         Ms Mary Hill, Legal Counsel, (Cooney Lees Morgan). 

 

He acknowledged that the above persons, together with a number of people in the audience, had been part of the work that had gone into progressing the kaupapa.  He continued as follows:

 

·         Ultimately, it was the Council’s decision as to whether or not it wished to adopt the proposal.

·         Should Council decide not to adopt the proposal and wish to consider one of the other options listed in the report, then that would need to go out for a similar public consultation.

·         If Council chose to adopt the proposal, or chose to maintain the status quo, that neither of those two actions would require any further consultation.

·         As with all reports before Council on this matter, the history of the land at Panepane Purakau was laid out again. It was a history of occupation, of a battle, of confiscation and more recently, of acquisition.  It was the backdrop to that history was why Council was here today. 

·         There was no doubt that, based on that history, Panepane Purakau held huge significance to Tangata Whenua and, in particular, the people of Matakana Island.  Their presence here today and at the public open days, spoke to that significance, and the huge response Council had from the public in their submissions certainly spoke to that significance. 

·         Council had progressed a lot of work alongside the hapũ of Matakana in relation to protecting the significance of the land there. Council and hapũ had worked together on the development of the ‘Matakana Whole-of-Island Plan’ and worked together to progress, through the Environment Court, a declaration that Matakana Island was an Outstanding Natural Landscape and Feature. Both of those steps were taken to recognise the cultural and ecological significance of that whenua, so there had been a lot of work done together.

·         Tangata Whenua had come to Council in the early years of the last decade, seeking to talk about a proposal to return the land at Panepane Purakau to them. In the years between then and now, there had been the 2015 decision, and now Council had landed in a different space to those decisions and that had come about through discussion. More recently, there was a presentation from the Tauranga Moana / Te Arawa ki Takutai Partnership Forum, and that moved the process along to where the decision had been made earlier this year to consult on the proposal before Council today.

 

The Proposal

 

Ms Rachael Davie, Group Manager Policy, Planning and Regulatory Services addressed the meeting as follows:

 

·         At a Tauranga Moana / Te Arawa ki Takutai Partnership Forum hui held at the Opureora Marae, Matakana Island on 10 February 2020, Councillors, all members of the Forum,  unanimously recommended to Council’s Policy Committee that it revisit resolutions that were made in 2015.  Hence, Staff began in earnest re-engaging with Tangata Whenua for that purpose.

 

 

 

·         On 28 July 2020, Council’s Policy Committee resolved to progress a Special Consultative Procedure, having developed a Statement of Proposal.

·         She wished to present on the elements of the Statement of Proposal as, ultimately, that was what Councillors were deliberating on today, together with the options that had emerged following feedback from the community and those with an interest in the proposal.

·         It was important to note that a Trust had been established to receive and own Panepane Purakau for the benefit of the five hapũ of the island. That Trust’s purpose, broadly, was to represent the collective interests of the five hapũ.  Its purpose, objects and powers were broad enough to include receiving the land and to protect, preserve and enhance it for the benefit of descendants of the five hapũ. 

·         It was also important to note that the proposal suggested that the hapũ would not pay for the land. It would be gifted in recognition that Panepane Purakau was ancestral land of the Hapū, which was compulsorily acquired by the Crown, and inherited by Council, at no cost, as part of Local Government reorganisation in 1989.

·         It was proposed that the land would be transferred with a planted forest.  However, the Council would retain ownership of the mature pine forest and would harvest that area once, before replanting it for the hapũ, at which time, Council’s rights and obligations in the forest would cease.  There would be no cost for the forest asset that is transferred, however, the hapũ would be responsible to pay for any liabilities under the Emissions Trading Scheme if they removed trees and failed to replant them.

·         As Councillors were aware, the land area was approximately 172 hectares, and it remained in two titles. 

·         In terms of public access, prior to the transfer, there would be a number of processes which would have to occur, one of which was to correct the legal title boundary to align with the physical boundary on the ground.

·         Council would also apply for a boundary adjustment subdivision to create a public reserve of approximately 7 hectares. This would be managed jointly, together with the Trust through a Joint Management Agreement. As part of the subdivision, there would be a 20m wide Esplanade Strip that would provide ongoing public access in and around the land to be transferred.

·         An easement would be granted to the Port of Tauranga, preserving its right to locate, access and maintain the harbour markers.

 

The Special Consultative Procedure

 

·         Much had been talked about this morning with regard to the public consultation.  In that regard, it had been an unprecedented success for Western Bay of Plenty District Council, and should be reflected upon as such. Council received approximately 7,500 submissions, and of those, approximately 38% were from people resident within the Bay of Plenty sub-region, 46% were received from people outside the Western Bay but within New Zealand, and 8% came from people “far and wide across the globe”.  Approximately 4% of those submissions opposed the Statement of Proposal.

·         Councillors were all present, as were the Tangata Whenua, at Council’s five Community Open Days that were well attended, with over 337 people at those open days. 

 

Options

 

In terms of those submissions made in support of the proposal, there were a number of themes that had emerged, and these were laid out in Options A to E, and broadly, she noted the following: 

 

·           Option A was essentially the Statement of Proposal, it was to transfer ownership of Panepane Purakau as outlined in the Statement of Proposal, consulted on and set out in paragraph 17 of the agenda report; 

 

·           Option B was the ownership of Panepane Purakau transferred to the descendants of the owners from whom the land was acquired under the Public Works Act; 

·           Option C would return all of Panepane Purakau without a reserve;

·           Option D was the same as Option A, but would create a larger esplanade strip of 50m;

·           Option E was the same as Option A, but proposed a 50/50 share of the first harvest and carbon credits.

 

In terms of the themes that emerged from those in opposition to the Statement of Proposal, the options were:

 

·           Option F was to maintain the status quo, which provided that Council would retain all of Panepane Purakau. 

·           Option G was the same as Option A, but would require the Hapū to pay market value for Panepane Purakau;

·           Option H to return Panepane Purakau to Ngai Tamarāwaho.  It must be noted that this request was made by only one submitter.

 

Those were the options before the Council for the purposes of its deliberations this morning.

 

She was aware that Councillors had read the report thoroughly and that the advantages and disadvantages were well understood. However, this was the opportunity to deliberate and if there were any questions of Staff or Ms Mary Hill, Council’s Legal Counsel, now was the opportunity for Councillors to put these for clarification.   

 

Ms Mary Hill responded to questions of clarification from a Councillor as follows:

 

·           The proposal had always been that there would be an esplanade strip and that was something that was normally required as part of a subdivision to ensure that the public retained access to the coast and this proposal was no different to that. While the underlying land would be transferred back to the Hapū, if the proposal went through, to give the hapũ ownership to as much of Panepane Purakau as was possible, the esplanade strip mechanism would ensure unobstructed public access to and along the coast in perpetuity.  There was also the option of having Council’s bylaws to apply to that strip to assist in management of that area. 

·           The term “unobstructed” would come down to the terms of the instrument creating the esplanade area, and that could be as detailed as the parties would like.  In the same way as the bylaws applied, so there would be the ability of Council’s warranted officers to remove people interfering with, for example, the Dotterels in the strip, or those behaving in an inappropriate way in the strip.

·           The Māori Land Court was a specialist tribunal that had the ability under the Public Works Act, to decide whether land that was Māori land, (which Panepane Purakau was), should go back to a collective entity, which was what was proposed in this case, rather than going back to descendants of original owners, where the Public Works Act provisions were engaged.

·           A group of people who were descendants of the original owners had proposed that they would like to make a claim or to have their land handed back to them.  Council Staff had consulted at length with those parties, and had a number of discussions with the Lawyer who was representing those parties, and the hapũ themselves had also spoken to those parties.  Their objective was to see that a joint application could be made to the Māori Land Court (the Court).  If that was not possible, the Court process would enable descendants of the original owners who did wish to make a claim to have the land back, to be heard by that Court and to present their claim. That would enable the Court, as a specialist tribunal, as to who the land should go back to.

 

Recommendation to be dealt with ‘in parts’

 

Mayor Webber advised that the recommendation would be dealt with in parts.  

 

 

Resolution  C20-13.4

 

Part 1

 

Moved:       Cr M Murray-Benge

Seconded:  Cr G Dally

1.       That the report of the Kaiārahi Whakapiri (Māori Relationships and Engagement Advisor) dated 29 October 2020 titled ‘Proposal to Transfer Panepane Purakau’ be received.

Carried

Resolution  C20-13.5

PART 2

Moved:       Cr M Lints

Seconded:  Deputy Mayor J Scrimgeour

2.       That the report relates to an issue that is considered to be of high significance in terms of Council’s Significance and Engagement Policy.

Carried

 

Mayor Webber invited Councillors to speak to the motion ‘part 3’ which had been moved and seconded, but had not yet been declared carried. 

 

Councillors present spoke to the motion ‘part 3’ as follows: 

 

Cr Grainger addressed the meeting and noted the following:

 

·           He had considered all submissions both in support and in opposition, and was ready to cast his vote;

·           From the time the first waka arrived at Panepane Purakau, that land was in the care of those who lived on and occupied Matakana Island;

·           Now the opportunity to transfer the land was available to Council, and it was “right and proper” that the original status was recognised and that the land was returned;

·           Retention of the esplanade area and reserve area near the wharf meant that this beautiful place could be shared with all the residents of the Bay of Plenty and visitors from further afield;

·           Retention of the rights for the Port of Tauranga to maintain their navigational aids would be protected;

·           Option A was supported.

 

Cr Denyer addressed the meeting noting the following:

 

·             He introduced himself in Te Reo Māori and began with a whakatauki - Ka maro te kaki o te kawau (This speaks to a sense of determination);

·             He supported the return of Panepane Purakau to the hapũ of Matakana Island.  He felt that the proposal was an equitable outcome that was in the best long term interests of all parties;

·             He was pleased to see the five hapũ - Ngai Tuwhiwhia, Te Ngare, Ngai Tamawhariua, Te Whanau a Tauwhao, and Ngati Tauaiti, coming together as one, like the leaflets on the five finger tree whauwhaupaku, to act as one, and to exercise their kaitiakitanga for the benefit of their people and their land;

 

 

·           The number of submissions made had been extraordinary. They expressed a wide range of views, and the strongest theme to come through was about ‘doing the right thing’;

·           For him, the submissions that spoke most strongly were the ones that, not only asserted that Council should be doing the right thing, but extended that theme with expressions of reconciliation and hope for the future;

·           In this regard, he quoted one in particular that had resonated with him, that of Reon Tuanau:

“The light beacon would remain; the public access would remain; the Tangata Whenua would again be the kaitiaki of this significant site where tupuna were buried and where the natural flora and fauna would be protected. This decision only enhanced the mana of all parties involved, culturally, environmentally, socially and, through all this, economically. He commended the Western Bay of Plenty District Council for their steadfast approach towards their decision and he could see how much this decision would contribute to the strengthening of the relationship, trust and kotahitanga into the future;

·           On the other hand, submissions that sought to compound the wrongs of the past had not sat well with him.  As another submitter, George Burt said: 

“He recognised the wisdom and fairness of the allocations made by Council in the proposed solution, and entreated the public to have a sense of appreciation, rather than entitlement, for the areas designated as reserves, ultimately provided by the acquiescence of Tangata Whenua and the goodwill of the Council;

·           In summary, he supported the motion, Kua tae mai te wa (the time had come) and he noted that “we cannot change the past, but we CAN change the future”.

 

Cr Dean addressed the meeting noting the following:

 

·           He supported the motion, as it went a long way to addressing past wrongs, both cultural and spiritual, and would bring considerable benefits to the wider community;

·           As a committed Environmentalist, he had watched what had happened on Matakana Island in the past fifteen years with the environmental restoration that had been done there.  He was convinced that it would be in good hands and looked after for generations to come.  It was a long term process;

·           In summary, he completely supported the motion.

 

Cr Marsh addressed the meeting noting the following:

 

·           He was one of the longest serving Councillors here today, and had seen what had gone on in relation to Matakana Island over the years and how it had been dealt with by three Mayors;

·           Originally, he had been somewhat concerned that Council was not transferring Panepane Purakau back to the original owners, but having listened to the people today and considering all of the submissions, he was pleased that Council was transferring the land back to the whole community, and that the whole community would work together;

·           Council had retained the reserve and esplanade strip, so it would be utilised by people as they wished, just as it had been for the past many years;

·           He supported the transfer back to the whole community.   

 

Cr Dally addressed the meeting noting the following:

 

·           He introduced himself in Te Reo Māori.

·           He noted that Councillors, having considered the statement of proposal in depth; having received good legal advice, (Jason Pou, the lawyer seemed to agree), and having satisfied concerns through a series of workshops with rigorous questioning by all Councillors; and consideration of over 7400 submissions, Council must now make a decision;

 

 

·           Māori would never be fully compensated for the raupatu conquests and muru whenua, or land confiscations in the name of the Queen in the 1860’s. The District had been hit hard.

·           He referred to Mr Bob Rolleston’s submission, noting that the subsequent redress of Panepane Purakau (to 5 individual Māori owners) in 1871 was contrary to tikanga Māori and traditional rights of occupation and collective ownership by hapũ prior to raupatu.

·           Putting that aside, the subsequent sale of the land to the Crown via the Public Works Act in 1923 was another heavy blow to Crown-Māori relations and was, clearly, still a major “bone of contention”. He acknowledged and understood their mamae.

·           However, Council had made it clear that the only way it would consider this proposal was if all 5 Hapū of Matakana Island would benefit, so the 5 Hapū collective trust was proposed. There was no other way to reach this point. The proposal recognised and restored mana whenua to all the descendants of this waahi tapu or sacred place where tupuna of many were buried.

·           The establishment of a moving 20m public esplanade strip and creation of the 7 hectare Public Reserve on the south side of the island, to be administered by Council jointly with the Hapū would ensure perpetual public access for all New Zealanders.

·           He acknowledged the mahi of all the hau kainga for their perseverance in relation to this matter.

·           The proposal was an unprecedented act to build a bridge to a brighter future. The torch of kaitiakitanga and rangatiratanga should be passed back to the enlightened guardians who understand now, more than ever, the weight of responsibility that comes with this kaupapa.

·           I tautoko (fully supported) Option A of this Council resolution, to transfer the land.

·           No reira, kia penei. Ko te mana whenua ka whakahokia ki nga uri katoa mo nga wa katoa. Nga koutou te whenua - Therefore, let it be so. Land ownership should be restored to all the descendants for all time. It is your land.  Nga manaaki kia koutou katoa.”

Cr Scrimgeour addressed the meeting noting the following:

 

·           It had been a journey for him to learn and understand about Panepane and this proposal; 

·           He had taken considerable interest in the submissions that had been made and noted that approximately 97% of the submissions received had been in support of this transfer;

·           It concerned him that approximately 3% of the submissions held strong views in opposition to the proposal and having considered them, he noted that they had repeatedly stated that the land should be offered back to the original owners.  That was interesting to him, as Waitaha had been occupiers of this land from around 1100 to 1600. Yet he was not convinced that it was the desire of most of those submitters that they would think that the land should be returned to Waitaha.  Clearly, Ngai Te Rangi had been occupiers since around 1600 and were recognised as the legitimate occupiers under the jurisdiction of the Māori Land Court;

·           There had been many referrals to the authority of the Public Works Act.  NZ Land Law, page 1190 there was a section which referred to the reform of the Public Works Act of 1981, which had been referred to by a number of submitters. Amongst other things, it said that a review had been commenced to consider the exercise of powers in accordance with the Treaty of Waitangi framework; further comments stated that the principal that land taken for public works should be offered back to the former owners and the exceptions to that obligation were raised for review.  In this document, a basic question arose as to whether the Treaty of Waitangi principles required a different approach to works that may affect Māori land, or have relation to land regarded as ancestral.  The final sentence he wished to read was: “The representation of Māori owners in consultation and decision making procedures are matters of practical complexity”;  

·           The above being said, he believed it was clear that the standard expectations under ‘offer back’ under the Act, had a different interpretation where land that should be regarded as ancestral Māori land was concerned; 

·           On that basis, he had every confidence that this proposal today was entirely appropriate and he supported it.

 

Cr Thwaites addressed the meeting noting the following:

 

·           As he was one of the last to speak, many speakers had already said some of things he would have spoken of.  However, he had also been on this journey as a Councillor over the last nine years of discussions about Panepane at Council, and he had heard many views put forward;

·           Before today, he would have described the proposal as a compromise of views and he acknowledged that everyone had input both for and against the proposal in the many submissions received;

·           Having heard Mr Brendon Taingahue, who had spoken in Public Forum today, describe the proposal as “the fairest and most equitable”, he agreed with this view, as these were powerful words and he could see that the proposal would be exactly that for all the coming generations;

·           He acknowledged that there was more hard work ahead yet to fully restore this land to its rightful people and place and as an outstanding feature of the Western Bay.

 

Cr Murray-Benge addressed the meeting noting the following:

 

·           She complimented Mayor Webber, as when Council held its workshops on Panepane, the Mayor had ensured that Councillors always had the opportunity to ask any questions and be responded to.  Those workshops had been vital for the Councillors in their decision-making process;

·           She had her question in relation to the esplanade strip answered that morning and was satisfied;

·           With regard to those who saw themselves as the descendants of the original owners of Panepane, she was satisfied, through legal advice clarified by Ms Mary Hill, that they would have the opportunity, through the Māori Land Court, to express their views and for the Māori Land Court to make that decision;

·             Council’s decision today was enormous, as although it could be argued that in 1923 the wrong decision was made when the land was taken under the Public Works Act, it was worth remembering that as a result of that, the best port in the country was created.  This was something that everyone could be proud of, as something to be acknowledged together, as something paid for and benefited from;

·             The journey was not over and there was much work to be done;  

·             Council carried a big responsibility to make sure that the Port of Tauranga remained the best in the country, and it did have an extremely small entrance to it;

·             She acknowledged the speakers who has supported the hapū of Matakana Island and she also acknowledged the descendants of the original owners who had spoken today;

·             She believed that Council had done well in the way it had gone about the process and the way the Tangata Whenua had participated as well. This decision today was truly significant and she supported Option A.

 

Cr Lints addressed the meeting noting the following:

 

·           She introduced herself and gave a greeting in Te Reo Māori.

·           She was greatly honoured to be standing before Tangata Whenua today as a first time Councillor;

·           She had known it would be a hard term, and had known that the challenges in front of her would be hard as well, but she had not anticipated how historic it would be to sit at this table and make this decision for everybody today;

·           She stood today as a wahine, as a mother and as Tangata Whenua. She was also a Councillor; 

·           She was making this decision for their future, their tamariki, and in support of Option A, and what it would bring for the Tangata Whenua.

 

Cr Henry addressed the meeting noting the following:

 

·           She gave a greeting in Te Reo Māori.

·           She was an Elected Member representing Katikati-Waihi Beach Ward and Matakana Island was within that ward boundary;

·           When young, she had the pleasure of going to Matakana Island on the barge and always enjoyed going to the island.  She had recently had the pleasure of visiting the island again for a hui about roads; 

·           The response to Council’s community consultation had been overwhelming with approximately 7,500 submissions, most in agreement with the proposed transfer of the land. New options had been raised for the Councillors’ consideration. Rest assured, she had reviewed submissions with respect and an open mind; 

·           She was motivated by her desire to understand, to the best of her ability, the historical perspective and to “do the right thing”.  Many submissions reflected a movement towards a more enlightened view of race relations for this country;

·           She supported the proposal, Option A, to transfer the ownership of Panepane Purakau to the management of the five hapū of Matakana Island;

·           She looked ahead with hope and faith, that there would be willingness to return to better times as from this day the people moved forward.  Change would come to the whole of Aotearoa. She hoped that people would have the fortitude and resilience to embrace change and to work together to meet the needs of all the people and our land, and she believed they would.

 


Resolution  C20-13.6

PART 3

Moved:       Mayor G Webber

Seconded:  Cr D Thwaites

3.       That, having considered the views presented to it, and having assessed the advantages and disadvantages of the options identified in this report, Council resolves to adopt the Statement of Proposal consulted on as detailed in Option A of the agenda report, for the reasons identified as the advantages in Option A of the agenda report.

Carried

 

The mayor’s closing address

 

Mayor Webber gave a closing address as follows:

 

The initiative that Council had just approved, Te hokinga mai o te whenua o Panepane me Purakau, showed that, with open minds and a will to find solutions, win/win outcomes were possible.

 

It was likely that in a few years’ time everyone would be asking what “all the fuss” was about,  because on a day-to-day basis nothing would have changed. The Port of Tauranga Navigation Aids would still be located where they had always been and there would be a forest on the Land.

 

Council believed it had been a great steward of the land since 1989, and in fact, Council had embedded  “The Matakana Whole of Island Plan” into its District Plan.

 

With the determination by the Environment Court, Matakana Island was recognised as an Outstanding Natural Landscape Feature. Council had significantly protected the land use options for tangata whenua.

 

Matakana Island had been a place of recreation for many people, locally, nationally and internationally, as expressed in the many submissions Council had received.  The decision to retain 7 hectares for a public reserve on the harbour side of the island, together with the esplanade strip around the coast to the ocean side, would ensure people would always be able to enjoy recreation opportunities at Panepane/Purakau.  Council sincerely thanked the combined hapū for their assistance in achieving that outcome.

 

Council had received excellent legal advice as it had worked through this process. He acknowledged the work of Mary Hill and her Legal Team at Cooney Lees Morgan, who the Waitangi Tribunal and the Maori Land Court recognised as legal experts in these matters.

 

The Mayor acknowledged his fellow Councillors and thanked them for their role as decision makers today.

 

The Mayor advised that he was indebted to the Chief Executive Officer and to the Group Manager Policy, Planning and Regulatory Services, and their Teams and all staff involved, for their input and guidance.

 

The Mayor expressed gratitude to the wider public for attending the Council meeting today as it was such an auspicious occasion for the District.

 

The significance of this decision, especially for Tangata Whenua could not be measured. During the last 7 years Council had heard many stories, including those of confiscation and acquisition, and as it had worked through this matter, each and every one of those stories had represented the long held desire of the hapū to have the land returned.

 

Whaia te iti kahurangi ki te tuohu koe me he maunga teitei, which means seek the pinnacles and if you bow your head, let it be to a lofty mountain.

 

Due to the patience, diplomacy and tenacity of Kaumatua Hauata Palmer and his team and Tupuna, they had landed gracefully at Panepane Purakau alongside one of the most culturally significant maunga of Tauranga Moana.

 

Therefore, it is with great pride and satisfaction that Council today acknowledged the significance of the land to Te tangata o te Moutere o Matakana me Rangiwaea, and that the Kaitiakitanga Korowai for the land was back where it rightfully belonged – with its people.

 

Tū tangata tonu: Stand proud always.

 

No reira, tënā koutou, tëna koutou, tënā tātou katoa.

 

Speaking to the Waiata to Follow

 

In closing, the Mayor stated that ‘Te Hokinga Mai’, the waiata that would be sung today by the Councillors and Council staff, had been selected specifically because of its message, which was as follows:

 

It began with Tangi a te ruru kei te hokihoki mai e, meaning the owl heralds your return, and it ended with: E rapu ana i  te ara tika mo tatou katoa.  Tu tangata tonu, meaning ever striving for our proper destiny.  Stand proud always.

 

 

The Elected Members and Staff sang a waiata.

 

Kaumatua Waka Taite closed the hui with a Karakia.

 

 

Mayor Webber declared the meeting closed at 12.00 noon.

 

The minutes of this meeting were confirmed at the Ordinary Meeting of the Western Bay of Plenty held on 17 December 2020.

 

 

 

...................................................

Mayor G Webber

CHAIRPERSON / MAYOR

 


Council Meeting Agenda

17 December 2020

 

9.5         Minutes of the Council Meeting held on 5 November 2020

File Number:           A3915913

Author:                    Barbara Clarke, Senior Governance Advisor

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

Recommendation

That the Minutes of the Council Meeting held on 5 November 2020 are confirmed as a true and correct record and the recommendations therein are adopted.

 

 

 

 

Attachments

1.       Minutes of the Council Meeting held on 5 November 2020 

  


Council Meeting Minutes

5 November 2020

unconfirmed

   MINUTES OF Western Bay of Plenty District Council
Council Meeting No. C20-14 HELD AT THE Council Chambers,

Barkes Corner, Tauranga ON

Thursday, 5 November 2020 AT 9:30am

 

1            Present

Mayor G Webber (Chairperson), Deputy Mayor J Scrimgeour, Cr G Dally, Cr M Dean, Cr J Denyer, Cr M Grainger, Cr A Henry, Cr C Humphreys, Cr M Lints, Cr M Murray-Benge and Cr D Thwaites

 

2            In Attendance

M Taris (Chief Executive Officer), G Allis (Deputy CEO/Group Manager Infrastructure Services), K Perumal (Group Manager Finance and Technology Services), J Pedersen (Group Manager People and Customer Services), B Williams (Strategic Property Manager), E Watton (Policy and Planning Manager), D Jensen (Senior Financial Planner), G Payne (Strategic Advisor), and B Clarke (Senior Governance Advisor)

 

COMMUNITY BOARDS

Nil.

 

OTHER ATTENDEES

One Member of the Press and as listed in the minutes.

 

3            Apologies

Apologies

Resolution  C20-14.1

Moved:       Cr M Grainger

Seconded:  Cr J Denyer

That the apologies for absence from Cr Marsh and for lateness from Cr Lints be accepted.

Carried

 

 

4            Consideration of Late Items

Nil.

5            Declarations of Interest

Mayor Webber noted that, although he was a member of the Omokoroa community, he did not consider this would, in any way, preclude him from participation in decision making on the two items on the agenda relating to Omokoroa.

6            Public Excluded Items

Nil.

7            Public Forum

Public Forum Adjourn Meeting

Resolution  C20-14.2

Moved:       Cr A Henry

Seconded:  Cr M Murray-Benge

That the meeting be adjourned for the purpose of holding a Public Forum at 9.35am.

Carried

 

A.        Topic: Old Sports Pavilion, Omokoroa

   

          Mike Hayden appeared representing the Omokoroa Menz Shed Steering Committee and was supported by steering committee members Jerry Hale, Denis Agate, Gary Kingston, Bill Cahill, Bruce McCabe and John Butt.

 

          Mr Hayden Tabled Item (1) titled: “Omokoroa Menz Shed Steering Committee Report to Western Bay of Plenty District Council – 5 November 2020” and gave a brief introduction, noting that the steering committee was seeking to establish a Menz Shed in the Old Sports Pavilion that was going to be relocated.  He noted that, as his tabled item had been pre-circulated to Councillors, he would take it as read and respond to any questions.

 

          Mr Hayden responded to questions of clarification as follows:

 

·           Most Menz Shed members were highly qualified in trade services and most were retired.

·           They were looking for a facility, but most importantly, for a suitable site.

·           They had inspected the old pavilion and it would suit them, with adjustments.

·           Security was a major concern, as they used expensive machinery and tools, some privately owned, and also had concerns over safety, should others turn on the machinery.  Any building they used must be exclusive to them for these reasons.

·           They were unsure if shifting the building 100m in Western Avenue, as proposed, was the most appropriate site due to security concerns.

·           They had asked Council to look at other areas and two had been identified that may be useful.  One was the greenwaste area where they could build their own building to suit the site.  The other possibility was the Precious Family Reserve. Otherwise would need to go to private enterprise.  It would not be in the Residential area as running some of the machinery resulted in loud noise.

·           Security was a concern with any site. They did not want to cross State Highway 2 due to the dangers of traffic.  

·           They considered the Prole Road site too small.  The old pavilion could be made suitable but they were concerned with the site.   

·           The machinery and saws they used made a lot of noise. There may be mitigations for noise, but these may cause difficulties for other users of a facility.

Menz Shed were recreational facilities and were a permitted activity.

 

Mr Hayden requested that Council defer its decision on the Old Sports Pavilion until next year, to provide an opportunity for Omokoroa Menz Shed to assess other opportunities in the area.

 

The Mayor thanked Mr Hayden for his presentation and noted that the Menz Shed was a worthy cause.  However, he advised that Council had received several requests from throughtout the community in terms of their desire to utilise the Old Sports Pavilion, and would take the matter out for consultation to ensure the best outcome for everyone.

 

The Chief Executive advised the representatives that Council would be considering a report today, Item 10.1 on the agenda, which related to the matter, and the Mayor invited them to stay for that item if they wished.

 

Public Forum Meeting Reconvened

Resolution  C20-14.3

Moved:       Cr M Grainger

Seconded:  Cr G Dally

That the meeting be reconvened in formal session at 9.45am.

Carried

 

8            Community Board Minutes for Receipt

8.1         Minutes of the Waihi Beach Community Board Meeting held on 12 October 2020

Resolution  C20-14.4

Moved:       Mayor G Webber

Seconded:  Cr J Denyer

That the Minutes of the Waihi Beach Community Board Meeting held on 12 October 2020 be received.

Carried

 

 

8.2         Minutes of the Omokoroa Community Board Meeting held on 13 October 2020

Resolution  C20-14.5

Moved:       Mayor G Webber

Seconded:  Cr J Denyer

That the Minutes of the Omokoroa Community Board Meeting held on 13 October 2020 be received.

Carried

 

 

8.3         Minutes of the Katikati Community Board Meeting held on 14 October 2020

Resolution  C20-14.6

Moved:       Mayor G Webber

Seconded:  Cr J Denyer

That the Minutes of the Katikati Community Board Meeting held on 14 October 2020 be received.

Carried

 

 

9            Council and Committee Minutes for Confirmation

9.1         Minutes of the District Plan Committee Meeting held on 12 March 2020

Resolution  C20-14.7

Moved:       Deputy Mayor J Scrimgeour

Seconded:  Cr M Murray-Benge

That the Minutes of the District Plan Committee Meeting held on 12 March 2020 are confirmed as a true and correct record and the recommendations therein are adopted.

Carried

 

 

9.2         Minutes of the District Plan Committee Meeting held on 19 May 2020

Resolution  C20-14.8

Moved:       Cr A Henry

Seconded:  Cr M Dean

That the Minutes of the District Plan Committee Meeting held on 19 May 2020 are confirmed as a true and correct record and the recommendations therein are adopted.

Carried

 

 

9.3         Minutes of the Katikati - Waihi Beach Ward Forum Meeting held on 22 September 2020

Resolution  C20-14.9

Moved:       Cr J Denyer

Seconded:  Cr A Henry

That the minutes of the Katikati - Waihi Beach Ward Forum meeting held on 22 September 2020 are confirmed as a true and correct record and the recommendations therein are adopted.

Carried

 

 

9.4         Minutes of the Annual Plan and Long Term Plan Committee Meeting held on 22 September 2020

Resolution  C20-14.10

Moved:       Cr D Thwaites

Seconded:  Deputy Mayor J Scrimgeour

That the Minutes of the Annual Plan and Long Term Plan Committee Meeting held on 22 September 2020 are confirmed as a true and correct record and the recommendations therein are adopted.

Carried

 

 

 

 

9.5         Minutes of the Kaimai Ward Forum Meeting held on 24 September 2020

Resolution  C20-14.11

Moved:       Cr D Thwaites

Seconded:  Cr M Grainger

That the Minutes of the Kaimai Ward Forum Meeting held on 24 September 2020 are confirmed as a true and correct record and the recommendations therein are adopted.

Carried

 

 

9.6         Minutes of the Council Meeting held on 24 September 2020

Resolution  C20-14.12

Moved:       Cr J Denyer

Seconded:  Mayor G Webber

That the Minutes of the Council Meeting held on 24 September 2020 are confirmed as a true and correct record and the recommendations therein are adopted.

Carried

 

 

9.7         Minutes of the Performance and Monitoring Meeting held on 13 October 2020

Resolution  C20-14.13

Moved:       Cr D Thwaites

Seconded:  Cr M Murray-Benge

That the Minutes of the Performance and Monitoring Committee Meeting held on 13 October 2020 are confirmed as a true and correct record and the recommendations therein are adopted.

Carried

 

 

9.8         Minutes of the Policy Committee Meeting held on 20 October 2020

Resolution  C20-14.14

Moved:       Mayor G Webber

Seconded:  Cr M Grainger

That the Minutes of the Policy Committee Meeting held on 20 October 2020 are confirmed as a true and correct record and the recommendations therein are adopted.

Carried

 


 

10          Reports

10.1       Omokoroa Sports Pavilion - Recommendatory Report from Omokoroa Community Board - October 2020

 

The Committee considered a report from the Senior Governance Advisor.

 

The Strategic Property Manager spoke to a powerpoint presentation, which was an aerial photograph showing an approximate location for resiting the sports pavilion in Omokoroa.  He gave a brief introduction to the report noting the following:

 

·           The report presented a process to Council in relation to the sports pavilion, seeking the Council’s approval for the proposal to, not only utilise the pavilion, but to resite it.

·           The report attachment showed the proposed general relocation site area on Western Avenue.  The alignment was uncertain at this time, and one possibility was alignment with the road.

·           Staff had undertaken an extensive process in consideration of a potential relocation site. The two ‘frontrunner sits’ considered were; the area behind the existing Omokoroa Settlers Hall, and in the vicinity where the building was currently located. 

·           It was thought that the building was too big, and would be too close to the Kaimai Views extension, to locate it behind the Settlers Hall.  Coupled with that, the administrative ability to control bookings around the Pavilion was viewed as an advantage, and that would be controlled by the Librarians in the new Pavilion.

·           Staff sought Council direction as to whether the proposed location was acceptable.  If it was, then the project would proceed by moving the building to the general location indicated, in consultation with the Reserves and Facilities Manager and other interested parties.

 

The Strategic Property Manager responded to questions as follows:

 

·           The current proposal was about resiting the pavilion, and retaining the hall in the community’s interests.  This would mean it would be a Council-operated facility that was bookable, as opposed to advertising it as a place for people to use. There would be an advertising process for the whole library, but this was somewhat different.

·           It was likely that the work would not be undertaken until February 2021.

·           In terms of the new facility being fully booked, thereby needing to also use the old pavilion, that had been the indication from the community and was why staff were going through the process with the library to assess interest expressed.  There had also been recent interest in the facility from Pirirakau.

·           Initially, the location was going to be by internal consultation, in terms of where, within that approximate area the final location would be.  In terms of usage, it would be advertised the same as any of Council’s facilities and could be booked.  For example, the toy library was looking for a space and they would readily co-locate with other users. 

·           Council had looked at other relocation sites.  The area behind the hall was a good location, except for its close proximity to residential dwellings. It would present some difficulties in terms of other user activity, such as vehicles using the area to dump their waste. 

·           There would be significant addition costs to move the building further away and ensure physical constraints were removed.

·           The targeted consulation, if approved, would likely happen at the same time as the consultation in relation to the property lease for McDonnell Street.  The indication for timing was early in the new year.

 

In response to questions, the Deputy Chief Executive provided clarification in terms of the decision-making process as follows:

 

·           The decision was made to retain and to upgrade the sports pavilion subject to a suitable location.

 

·           The location had been discussed at the last Performance and Monitoring Committee meeting, as the matter was going to the Omokoroa Community Board meeting that night.  The process was that the matter had gone to the Omokoroa Community Board in terms of the resolution on the table. The Board had recommended to Council its location for consideration today.

·           Council had not yet made a formal decision to retain the building on Western Avenue.  There had been indications during discussion, but today the formal decision was to be made in consideration of the report before Councillors.  From indications during discussion today, it appeared the preference may be Western Avenue, but this had not yet been determined by resolution.

·           If approved by Council resolution, staff would prepare for a targeted consulation seeking Expressions of Interest for use based on the Western Avenue site, or for use based on an alternative site.  He reiterated that Council may not have any alternative sites, but could show that it had considered alternative sites in relation to the work staff had already undertaken.  Council would then consider what the community put forward for sites. 

·           Potential costs, where known, would be included in the consultation to fully inform the community.  If the building was not relocated on reserve land, there could be further costs in terms of land purchase, for example.

·           If resolved, it was suggested that staff “flag” the process to the community at the 2 December 2020 public presentation Council was undertaking in Omokoroa. 

 

Resolution  C20-14.15

Moved:       Cr D Thwaites

Seconded:  Cr M Murray-Benge   

a)      That the Senior Governance Advisor’s report dated 5 November 2020 titled ‘Omokoroa Sports Pavilion – Recommendatory Report from Omokoroa Community Board – October 2020’ be received.

b)      That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

c)      That Council proceeds with targeted public consultation with the Omokoroa Community in relation to the use for the Old Pavilion Building, and then determine a preferred location for the re-siting of the Old Pavilion Building.

Carried

 

 

10.2       Omokoroa Old Library Building - Recommendatory Report from Omokoroa Community Board - October 2020

 

The Committee considered a report from the Senior Governance Advisor.  The report was taken as read.   

 

Staff responded to a question, noting that the moving of the old Sports Pavilion to another site within the reserve was a Permitted Activity under the District Plan.  However, the change of use with the old Library building required a resource consent.  Staff must workin the requirements of the District Plan.

 

Resolution  C20-14.16

Moved:       Cr M Murray-Benge

Seconded:  Cr M Grainger

1.       That the Senior Governance Advisor’s report dated 5 November 2020 titled ‘Omokoroa Old Library Building – Recommendatory Report from Omokoroa Community Board – October 2020’ be received.

2.       That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

3.       That Council undertakes appropriate consultation as required by Section 138 of the Local Government Act 2002 for its proposal to lease the property at 9 McDonnell Street to various Community Groups.

AND

That Council simultaneously applies for an amendment to its resource consent to enable the property to be used by Community Groups.

AND

That Council advertises for Expressions of Interest to use the Old Library.

Carried

 

 

10.3       Appointment to District Plan Committee and Regulatory Hearings Committee

 

The Committee considered a report from the Senior Governance Advisor.  The report was taken as read.

 

Councillor Dally was congratulated on his recent certification under the ‘Making Good Decisions’ Foundation Programme’. 

 

Resolution  C20-14.17

Moved:       Mayor G Webber

Seconded:  Cr M Grainger

1.    That the Senior Governance Advisor’s report dated 5 November 2020 titled ‘Appointment to District Plan Committee and Regulatory Hearings Committee’ be received.

2.    That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

3.    That, pursuant to Clause 31(1) Schedule 7 of the Local Government Act 2002, Council appoints Councillor Grant Dally as a qualified member of the District Plan Committee and the Regulatory Hearings Committee.

Carried

 


 

 

 

10.4       Appointment of Local Recovery Manager - Western Bay of Plenty District Council

 

The Committee considered a report from the Executive Assistant Senior Team Administrator, Infrastructure Services.  The report was taken as read.

 

Resolution  C20-14.18

Moved:       Cr M Dean

Seconded:  Deputy Mayor J Scrimgeour

1.       That the Executive Assistant Senior Team Administrator’s report dated 5 November 2020 titled Appointment of Local Recovery Manager - Western Bay of Plenty District Council be received.

2.       That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

3.       That in accordance with the Civil Defence Emergency Management Act 2002 and the Bay of Plenty Emergency Management Group Policy for selection and appointment of Recovery Managers, Western Bay of Plenty District Council:

a)    Acknowledges the resignation of Don Shewan and recommends that his appointment to the position of Local Recovery Manager be rescinded, and

b)    Recommends to the Bay of Plenty Joint Civil Defence and Emergency Management Committee that Kerrie Little be appointed as Local Recovery Manager - Western Bay of Plenty District Council.

Carried

 

 

 

10.5       Receipt of Member Resignation from District Licensing Committee - Correspondence

 

The Committee considered a report from the Senior Governance Advisor.  The report was taken as read. 

 

In response to a question, staff advised that there was no requirement to replace Mr. Jones,  as there were currently sufficient Members available to attend Committee meetings or hearings.

 

Resolution  C20-14.19

Moved:       Cr M Murray-Benge

Seconded:  Cr A Henry

1.       That the Senior Governance Advisor’s report dated 5 November 2020 titled ‘Receipt of Member Resignation from District Licensing Committee - Correspondence’ be received.

2.       That the letter of resignation dated 29 September 2020 from Michael Jones as Commissioner/Member of the District Licensing Committee is accepted and is effective from 5 November 2020.

3.       That Compliance staff and Governance staff amend Membership lists for the District Licensing Committee accordingly.

Carried

 

 

10.6       Draft 2021 Schedule of Meetings for Adoption

 

The Committee considered a report from the Senior Governance Advisor.  The report was taken as read. 

 

Resolution  C20-14.20

Moved:       Cr J Denyer

Seconded:  Cr M Murray-Benge

1.       That the Senior Governance Advisor’s report dated 5 November 2020 titled ‘Draft 2021 Schedule of Meetings for Adoption’ be received.

 

2.       That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

 

3.       That the Draft 2021 Meeting Schedule shown in Attachment 1 of the report be adopted as Council’s formal meeting programme for 2021, noting that this programme is subject to change from time to time depending on the changing business needs of Council.

 

4.       That the Draft Workshop, External Meetings and Events Schedule 2021 shown in Attachment 2 of the report be adopted as Council’s programme of informal workshops and events, noting that this programme is subject to change from time to time depending upon the changing business needs of Council.

 

5.       That the Customer Service and Governance Manager be delegated authority to make amendments to the meeting schedules should Council business require such amendment throughout the year, subject to appropriate notification to both elected members and the public.

Carried

 


 

 

10.7       Mayor's Report to Council - November 2020

 

Mayor Webber Tabled Item (2) titled: “Bay of Plenty Mayoral Forum Report Under Separate Cover” and provided a verbal update to Council in relation to the Bay of Plenty Mayoral Forum meeting which had been held on 23 October 2020.  He highlighted key points as follows:

 

·           The paper tabled had been primarily prepared by the Bay of Plenty Regional Council (BOPRC). The second item on the agenda was a presentation by the Bay of Plenty Chief Executives. 

·           Of the eight BOP Chief Executives, three had met with the Chief Executive of the BOPRC, and decided that some regional plans needed to be put together. They sought to initiate a Memorandum of Understanding with Iwi Chairs; and to have a separate Forum where Iwi Leaders would attend, amongst other matters.

·           The outcome at the Mayoral Forum was that the majority of Mayors were of the view that there was sufficient legislation in place for local government to undertake its future development strategies at the Territorial Authority level.  The legislation provided that there must be a Regional Land Transport Committee, and there was legislation from Central Government in relation to climate change and many other important matters.  To establish something different at a regional level that would usurp all of those, did not get support.

·           Mayor Webber had moved a resolution which had been seconded by Mayor Chadwick (Rotorua Lakes Council), in relation to the requirement for a list of all the things Central Government needed to do, and to make clear who was responsible.

 

Resolution  C20-14.21

Moved:       Mayor G Webber

Seconded:  Cr M Grainger

That the Mayor’s verbal Report to Council on 5 November 2020 in relation to the Bay of Plenty Mayoral Forum meeting held on 23 October 2020 be received and the information noted.

Carried

11          Information for Receipt

Nil.

 

 

10.25am     The meeting adjourned.

10.40am     The meeting recovened.

12      Resolution to Exclude the Public

Resolution  C20-14.22

Moved:       Cr A Henry

Seconded:  Deputy Mayor J Scrimgeour

That the public be excluded from the following parts of the proceedings of this meeting at 10.45am.

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

12.1 - Confidential Minutes of the Council Meeting held on 24 September 2020

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(c)(i) - the withholding of 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

s7(2)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority

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

12.2 - Confidential Minutes of the Performance and Monitoring Meeting held on 13 October 2020

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(c)(i) - the withholding of 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

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

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

12.3 - 2020 Annual General Meeting of the Local Government Funding Agency Limited (LGFA) - Confidential

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

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

12.4 - Sale of Land - Housing Affordability Land Adjacent to Kaimai Views

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

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

12.5 - Chief Executive Information Pack Report - September 2020

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(c)(ii) - the withholding of 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 otherwise to damage the public interest

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

12.6 - Chief Executive Information Report

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

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

12.7 - Mayor's Report to Council - 5 November 2020

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

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

 

Carried

 

 

11.10am          Councillor Lints was present at the conclusion of the meeting, having entered the meeting at 10.53am during the Public Excluded session.

 

 

Mayor Webber declared the meeting closed at 11.10am.

 

 

The minutes of this meeting were confirmed at the Council Meeting held on 17 December 2020.

 

 

...................................................

Mayor G Webber

CHAIRPERSON / MAYOR

 


Council Meeting Agenda

17 December 2020

 

9.6         Minutes of the Regulatory Hearings Committee Meeting held on 16 November 2020

File Number:           A3925136

Author:                    Barbara Clarke, Senior Governance Advisor

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

Recommendation

That the Minutes of the Regulatory Hearings Committee Meeting held on 16 November 2020 are confirmed as a true and correct record and the recommendations therein are adopted.

 

 

 

 

Attachments

1.       Minutes of the Regulatory Hearings Committee Meeting held on 16 November 2020 

  


Regulatory Hearings Committee Meeting Minutes

16 November 2020

Unconfirmed

 

MINUTES OF Western Bay of Plenty District Council
Regulatory Hearings Committee Meeting No. RH20-3
HELD AT THE Council Chambers, Barkes Corner, Tauranga
ON Monday, 16 November 2020 AT 9.30am

 

1            Present

Deputy Mayor J Scrimgeour (Chairperson), Cr J Denyer, Cr M Grainger, Cr A Henry, and Cr M Murray-Benge

2            In Attendance

R Davie (Group Manager Policy, Planning and Regulatory Services), A Curtis (Compliance and Monitoring Manager), G Golding (Team Leader Compliance Support), P Hrstich (Animal Services Officer), C Irvin (Senior Governance Advisor), and B Clarke (Senior Governance Advisor)

OTHER attendees

Mr. & Mrs. Roger and Leanne Cross (Dog Owners/Objectors).

4 Animal Services Staff (In Observation).

3            Apologies

Apologies

Resolution  RH20-3.1

Moved:       Cr M Murray-Benge

Seconded:  Cr M Grainger

That the apologies for absence from Cr Dally, Cr Dean and Cr Lints be accepted.

Carried

 

4            Declarations of Interest

Nil.

5            Public Excluded Items

Nil.

6            HearinG UNDER THE DOG CONTROL ACT 1996

 

OBJECTION TO MENACING DOG CLASSIFICATION – MR. ROGER CROSS

 

1.         Chairperson’s Introduction

 

          The Chairperson opened the hearing and welcomed all those present.  The Chairperson and all Committee Members introduced themselves, stating the ward they each represented.  The Chairperson also introduced key staff present and outlined their role in the hearing.

 

 

 

Mr. & Mrs. Roger and Leanne Cross, who were the owners of the dog ‘Charlie’, were in attendance in objection to the Menacing Dog Classification.

 

‘Charlie’, a Shih Tzu, was the dog subject to the ‘Notice of Classification of Dog as a Menacing Dog under Section 33A of the Dog Control Act 1996’.

 

2.         Staff Report

 

At the invitation of the Chairperson:

 

A)        The Team Leader Compliance Support provided an overview in relation to Section 5 of the Dog Control Act 1996 (‘the Act’), and other relevant information as follows:

 

·           The conditions of the Menacing Dog Classification not only provided protection for Members of the Public from acts of aggression, but also protected Dog Owners from the potential for more serious legal action if the dog was not muzzled and acted aggressively.  A muzzled dog was a safe dog.

·           ‘The Act’ provided obligations for the owner of the dog. Section 5 stated that a Dog Owner was required to take all reasonable steps to ensure that:

o    the dog was kept under control at all times;

o    the dog did not injure, endanger, intimidate or otherwise cause distress to any person;

o    the dog did not injure, endanger, or cause any distress to stock, poultry, domestic animals, or protected wildlife.  

·           The Menacing Dog Classification required the Dog Owner to muzzle the dog when at large, in public or in a ‘Private Way’. This was no more onerous than the requirements a Dog Owner was required to meet under the obligations of Section 5 of ‘the Act’.

·           The Menacing Dog Classification was the lowest level of action that Council could prudently take considering the circumstances of the attack.

·           In considering this Objection, the Committee may do one of the following:

o    uphold the Menacing Dog Classification, or

o    rescind the Menacing Dog Classification.

                          The Committee could not modify the conditions of the Menacing Dog Classification.

·           In considering this Objection, the Committee must have regard to the following:

o    the evidence which had informed the Menacing Dog Classification;

o    any steps taken by the Dog Owner to prevent any threat to the safety of persons or animals; 

o    any matters relied on in support of the Objection; and

o    any other relevant matter.

·           Evidence of the attack would be presented by the Animal Services Officer who had completed the investigation into the attack, and issued the Menacing Dog Classification.

·           The Objector, Mr. Cross, had provided no information to Council that detailed any steps he may have taken to prevent any further threat to the safety of animals, following the Menacing Dog Classification.  

·           Requiring the dog to be muzzled in public or in a ‘Private Way’ would ensure the ongoing safety of the public and animals.

·           The dog was unregistered at the time of the attack.  The incident took place on 5 August 2020 and the dog was registered on 6 August 2020.

 

B)        The Animal Services Officer outlined details of the investigation and evidence in relation to the attack as follows:

 

·           On 5 August 2020 he had responded to a Service Request in relation to a dog which had been secured after attacking chickens.

·           When he arrived at the address in Plummers Point Road, he had spoken directly to the Complainant. She commented that a person walking by had alerted her to a dog that was attacking chickens in her chicken enclosure.  As she and the witness walked to the chicken enclosure, they witnessed the dog attacking a chicken. The Complainant caught and secured the dog inside her garage and contacted Council.

·           He inspected the chicken enclosure on arrival. There was a chicken not moving on the ground and chicken feathers throughout the area.  

·           He seized the dog under section 57 of ‘the Act’ and proceeded to impound the dog in his vehicle. 

·           While impounding the dog, the Dog Owner approached by vehicle. She confronted him, demanded her dog back and was extremely angry.  He advised her of the incident and the reason why the dog was now in his custody.  At this time, he was unaware that the dog was also unregistered, which meant there were further grounds to seize and impound the dog.  The Dog Owner yelled abuse at the Complainant who was inside her house.

·           The Dog Owner did not believe that her dog had attacked the chickens, or why there was reason to believe that an offense had been committed under ‘the Act’, despite the dog roaming and being on the Complainant’s private property.  

·           A ‘Seizure Notice’ was issued to the Dog Owner, as per ‘the Act’. 

·           He had gathered evidence from the Complainant and the independent witness.  His interviews with the witnesses indicated that both the Dog Owner’s dogs had often been seen roaming in area.

·           After gathering all the evidence, including photographs and statements, it was agreed that the best approach to protect poultry and other animals in the area, would be to classify the dog as menacing. 

·           A ‘Notice of Classification of Dog as a Menacing Dog’ was issued to the Dog Owner, as per ‘the Act’. 

 

          Staff responded to questions of clarification as follows:

 

·           The Menacing Dog Classification was not issued on the day of the attack.  After the dog was seized and impounded, evidence had been gathered. A second visit to the area was required to speak to the other witness.  Once staff had all the evidence, an informed decision was made and a ‘Notice of Classification of Dog as a Menacing Dog’ was issued.

·           The Dog Owner had two dogs and there were complaints about both dogs roaming. On this occasion, one did attack the chickens.  Both dogs had been seen roaming in the area by both witnesses.

·           Both dogs had now been registered, one on release from the pound.

·           The infringements remained unpaid as of last week.

·           In relation to why the assessment was for a Menacing Dog Classification rather than a Dangerous Dog Classification, a matrix was used for guidance and consistency in making decisions on actions to be taken.  Staff strived to be as fair as possible in these assessments, and often did not go to the highest level suggested. If it was clear that a lower action was sufficient to keep the dog secured and protected from doing more harm, then that was considered the appropriate course of action.

·           The Complainant and the other witness both saw the dog physically attacking the chicken, so in this case, there were two witnesses to the attack.

·           In relation to the chicken enclosure being contained and how the dog may have entered, this was not immediately obvious. On inspection of the enclosure, it appeared that the dog may have been able to push its way under the netting where a chicken could not get out. The dog was stronger than a chicken and could push its way inside.  Once the dog was inside the enclosure, it seemed it may have had problems getting out and was then caught.

·           When registering a dog, the Dog Owner signed the Dog Registration form, and by doing so, agreed to the terms set out under section 5 of ‘the Act’ in relation to the responsibilities of a Dog Owner.  That information was also included on the back of the registration form for the information of Dog Owners.

 

3.         Statements of Objectors

 

          At the invitation of the Chairperson:

 

A)        Mr. Roger Cross, the Objector, provided his statement of objection as follows:

 

·           Their objection to the Menacing Dog Classification was that the dog was not menacing as it was a small Shih Tzu dog.

·           There were two different versions of the incident.  One version was that the dog had been seen by a person attacking the chicken.  The other version was that the Chicken Owner was with the chickens at the time the dog attacked them. 

·           The dogs did wander occasionally and they were welcomed in the neighbourhood. Most of the neighbours knew the dogs by name, played with them and then sent them home.  If they wandered, it was usually only for ten minutes maximum.

·           The day in question was a wet day, the chicken enclosure was muddy and the Animal Services Officer (the Officer) said there were chicken feathers everywhere.  Yet when the dog was picked up the next da, he had no mud, blood or feathers on him.  He was clean when they saw the Officer seize him and put him in his vehicle. The next day when they picked him up he had not been washed. He was a long haired dog and was clean the next day. If crawling under the wire he would have been dirty.

·           The fencing around the chicken coop was the same fencing that was around their property. Their dogs could not get off their property except if a door was left open.

·           They fed Doves on their deck and the dogs took no notice of them. They did not attack the Doves, or chase the Pukeko or rabbits.  

·           They were tenants. They had heard that property owners were concerned about renters in the area and that the previous tenants had experienced anti-social behaviours and accusations from property owners in the area. They had experienced the same thing.

·           Their dog, Charlie, was not menacing, and both their dogs were placid. He did not believe that the incident had happened.

 

B)                 Mrs. Leanne Cross, the Objector provided a statement of objection as follows: 

 

·           She agreed with everything her husband had said.

·           She did not agree with the way the Officer had portrayed her.  When she saw the Officer picking up the dog by the scruff of its neck, she was extremely upset.  At the time she had been out looking for her dog for 1.5 hours and was already extremely worried about what had happened to him.  Zoe, her other dog, was at home and it was not often the dogs were apart.

·           In her opinion, the Officer handled her dog roughly and she was upset with what she saw. When she had approached the Officer, her child was in the car and saw what was happening as well.

·           The Officer had not been willing to talk to her husband on the phone.  The Officer had not been willing to talk to her daughter when she asked what he was doing with the dog.  

·           The fencing around the chicken enclosure was the same material and height as the fencing around their property, and their dog could not escape.  Unfortunately, when her dogs saw a door open they did run outside and were quick, because they wanted to go and have some fun.

·           She and her husband worked and did not always have time to take the dogs for a walk. Sometimes they just wanted to get out for a walk.

·           She did not believe that Charlie had attacked a chicken at all.

·           In her opinion, the people that claimed the incident happened did not like them because they rented. They could not afford to buy a home so considered themselves lucky to live in the area, but this did not mean they should be treated this way.  They had heard that property owners had accused the previous tenants of stealing avocados.

·           They did apologise for Charlie getting out.

·           It was unusual that Charlie was not with the other dog, Zoe.  Because of this, she was deeply concerned that day, as she did not know if Charlie had been hit by a car, and did not know where he was.  That was why she had been extremely upset when she met the Officer and saw him handle Charlie.

·           Because she was upset when the Officer was explaining the incident, and she was finding it difficult to cope, she wanted him to talk to her husband on the phone.  She rang her husband and he was willing to speak to the Officer to give her the chance to deal with her child.

·           The dogs had not gone out on their own since the incident because she was so worried about the situation.  They did not leave the doors or windows open, and they put the dogs into a room when visitors came to the house in case a door was left open.  They could not leave a window open in the lounge for fear of the dogs getting out. 

 

Mr. Cross continued his statement of objection as follows:

 

·           He had wanted to talk to the Officer on the phone when Charlie was being impounded, because he knew his wife was upset and he had hoped to defuse the situation.  He could hear the conversation as the phone was on ‘speaker’. 

·           The dog had no evidence of the attack on him.  He had been raised on a poultry farm and knew that a dog that got near chickens came home covered with feathers.

·           Anecdotally, people in the neighbourhood who knew the dogs knew they were not menacing, and were not impressed with the way these people had treated them and the dog.

·           They did not deny that the dogs wandered occasionally, but they had made every effort to keep them enclosed on their property.

·           The Complainant had a dog herself and it was often wandering the road.

·           Their dogs would not be capable of doing this, they were gentle, pampered pets and were treated like their own children. They only barked if people come to the door, which was normal behaviour.   

 

                   Mr. and Mrs. Cross both responded to questions of clarification as follows:

 

·           When they had moved in, they put a fence around the front of their property, which created a large, fenced area for their dogs.  The front of their property was not fenced. The house itself was on an orchard and the whole property could not be completely fenced as the orchardists needed access. There were two doors and two windows which the dogs could use to exit the house.

·           Their understanding of the Menacing Dog Classification was that, if Charlie was caught out again on his own, he would be put down because he was such a danger to the community and would “tear people apart”.  He was not a big Rottweiler or Bullmastiff, he was a small Shih Tzu.


 

Matter for Clarification (Chairperson)

 

The Chairperson clarified that, at the beginning of the hearing, staff had stated that the nature of the concern was a danger to animals and not a danger to people.   

 

                   Mr. and Mrs. Cross both responded to further questions of clarification as follows:

 

·           She passed the chicken coop every day and had noticed that it was constructed of similar materials to the fencing at their property.  When she arrived that day, she did not notice any disturbance in the chicken coop fencing.  In her opinion, Charlie had not pushed through it or dug a hole to get under it.

·           The chicken coop was approximately 30m from Plummers Point Road and approximately 100m from the road itself.

·           In terms of their fencing, the house was on an orchard property and access to the orchard was needed, so they had fenced the front of the house from the back of the deck to make an enclosed area. The only place the dogs could get out was two doors, or windows.  

·           They assumed her daughter had left her sliding door in her bedroom open on the day. Zoe, the other dog was 4 years old. The two dogs, Zoe and Charlie, were never apart.

·           They knew the dog was not dirty when impounded as the Officer had allowed them to see Charlie in the back of the utility. They did say goodbye to him “in case the Officer did shoot him”. 

·           They had not registered their dogs but they were microchipped. They had been under the impression that rural dogs did not have to be registered, and apologised for the oversight.  They had rectified this now.

·           On the day of the incident, it was not raining heavily, but was wet enough to make the chicken enclosure muddy and it was “heavily overcast”.  It had also been raining for several days before that.

·           The dogs had bonds with neighbours who knew their names through Facebook and social media posts. The dogs were not gone for hours destroying sheep.  The dogs would get out and wander and people often greeted them when they were out.  Every time the dogs escaped people would notify them and tell them they were sending the dogs home.

·           The reality was that if it had been raining for days, with chicken waste on the ground the coop would have been wet.  The chicken coop was on the ground and had no shelter.

·           When the Officer had let her say goodbye, she saw that Charlie was not dirty. If he had attacked a chicken he would have been noticeably dirty. When the dog was picked up the next day he was clean.

·           They did not have a photo of the dog with the wild Doves.

·           They were not aware of who the independent witness was, but the witness statements had changed twice.  It would take a starving, vicious dog to attack the chickens when a human was in the coop.  Charlie was fed top quality food daily.

·           They were living in a home where they could not have airflow because they had to keep all the doors and windows closed to stop the dogs escaping. It was hot and not ideal. Her daughter could not leave her sliding door open because the dogs might get out, but she was a child and it could happen.

 

4.         Staff Responses to Objector Statements

                  

At the invitation of the Chairperson, the Animal Services Officer responded to the Objectors’ comments as follows: 

 

·           To provide context, a Dog Registration was comparable to a vehicle registration, in the respect that it was paid annually as a fee.  A microchip was a form of identification, similar to a vehicle’s identification plate, which identified the animal.  The number stored on the microchip was kept in a number of databases, and was recorded on the National Dog Database run by the Department of Internal Affairs, through Council registration. If a dog’s microchip number was not put on a Dog Registration form at Council, it did not go on that database. There were independent databases run by Veterinarians and others, but these were not a legal requirement, whereas ‘microchipping’ a dog on the Council database was required.

·           He wished to clarify that the day of the incident was a “very fine sunny day”, and he did not understand how the Objectors had come to the conclusion that it was raining, wet or overcast.  It was not overcast or a rainy day, and he had photographic evidence (tabled items) that the day was “sunny and it was very dry underfoot”.

·           In terms of the chicken attack, he had drawn on his experience in animal control roles for over sixteen years working in three Councils.  He had attended and investigated a great many attacks, including attacks on chickens and other poultry, over the years.  It was rare that there would be feathers or blood on a dog, unless it ate the chicken. Dogs could dispatch small animals, such as chickens, very quickly.

·           He had inspected the chicken enclosure. The netting around the enclosure was not pinned to the ground but was sufficient to keep the chickens in. It was not designed to keep a dog inside or outside.  He had ascertained that a dog was strong enough to easily push under that netting.  In this case, the dog was not able to find the obvious way out.

·           When the Objectors talked about there being no visible signs of the attack on the dog, he noted the following:

o    mud was irrelevant as there was no mud present on the day and it was a very fine day and the area was dry underfoot;

o    in his experience, it was rare to see feathers or blood on a dog after it had attacked poultry unless the dog ate the poultry. That was the nature of how dogs attacked small animals.

·           Even though there were no visible signs of the attack on the dog, he did not consider this to be evidence that there had not been an attack. He had been guided by the statements of the independent witness as well as the Chicken Owner.  He had spoken to the independent witness, who did not know the chicken owner, but had gone onto the address to advise the owner after she had seen the attack in progress.  He did not consider there was any evidence that this was, in any way, a ‘biased’ report of an attack.

·           When the chicken owner and the independent witness walked to the chicken enclosure, they both saw the dog attacking the chicken.  They entered the enclosure, the chicken owner picked up the dog and carried it to the garage.  The dog showed no aggression to people.  The dog remained secured in the garage until his arrival.

·           For clarification, from his interviews and the statements of the two witnesses, the witness’ statements did support each other.  The first report of the people being in the enclosure with the dog was after the first sighting of the chicken being attacked by the passer-by witness.  Following that witness advising the Chicken Owner, both people said that when they went towards the enclosure they both saw the dog in there attacking the chicken. It was not uncommon for a dog to continue attacking a chicken.  Dogs often did this for sport, and did not know the difference between attributed ‘good and bad’ behaviour, in that respect.

·           He often heard from owners, in his investigations of dog attacks, that their dogs did not attack the chickens or cats on their own property.  Dogs understood the ‘rules’ in their home environment, but that could change once the dog got out and entered another property. At another property, there were animals not considered part of the dog’s home environment. What was outside their property, particularly when the owners were not around, was often considered “fair game” by a dog. Dog owners did not see that, or often failed to realise that behaviour changed when the dog was not home.

·           Staff did believe the witness statement was accurate and that the Chicken Owner’s statement genuinely reflected what had occurred.


In terms of how a dog saw a small animal as ‘sport or something to be played with’, sometimes the dog would become ‘fixated’ or focused on what it was doing until someone stepped in.  Each animal had a pattern, in terms of its drive to play or see something as ‘sport’.  The dog may be causing a danger to other animals but only knew it as sport.

·           The muzzle was a protection for the dog as well as other animals. The responsibility of a Dog Owner was to protect their dog as well as the other animals in the community. Having the muzzle would stop the dog biting another animal, although it could still chase another animal.  Biting another animal did lead to a different set of circumstances.

·           What was reported was that the witness and the Chicken Owner both saw the chicken being attacked as they approached the enclosure.  The dog stopped attacking as they neared the enclosure.

·           In terms of the matrix and assessment of the attack, the matrix allowed choices in relation to a number of options.  Recurrence was considered highly likely, and the reason was that this dog and the other dog had both been out roaming regularly. This indicated that this was not a “one off” occasion and that recurrence would be very likely if other measures were not put in place.

·           As stated earlier, it was a dry, sunny day, quite hot. He did not recall walking in a muddy area in the chicken coop and there was not a lot of chicken mess.  The chicken coop was ‘more or less fixed’ in that environment.  Staff had photographs that could be tabled if required by the Committee.

·           In terms of why a dog would not have feathers or mud on its coat after attacking a chicken, as stated earlier, he was drawing on his experience.  He had viewed dog attack scenes in mud and on all sorts of animals.  This was an attack on a small animal and the conditions were not muddy but dry underfoot. Dogs could dispatch a small animal extremely quickly.  

·           The Menacing Dog Classification was the lesser of the two classifications ‘the Act’ allowed Council to use.

·           For clarification, Council did not have the power to destroy a dog without going to Court. If there was another incident and the dog attacked again, this would raise the level to a Dangerous Dog Classification. 

·           In terms of process, this dog was a menace to poultry and there was no question of that.  If it was deemed serious enough, Council could go to Court and the Court would decide if the matter was serious enough to warrant further actions.

·           The Menacing Dog Classification was a protection for the dog itself and would prevent the dog from doing future harm.  Often, it was about making sure the dog could not get off the property, but a muzzle would prevent it from physically biting another animal when in public.

 

Matter for Clarification (Chairperson)

 

From evidence provided by the Animal Services Officer, the Chairperson clarified that the dog had already been removed from the chicken coop and placed in the garage at the property where the incident took place, when the Animal Services Officer arrived.

 

5.         Chairperson’s Instructions

 

The Chairperson thanked Mr. and Mrs. Cross for attending and making their statements.  He noted that there were no further questions of them from the Committee, and no further evidence to be presented, therefore, the evidential part of the hearing was concluded and they were released from the hearing.  He advised that the hearing would be adjourned for morning tea, following which the Committee would enter into deliberations.  He noted that staff would advise them of the decision in due course.   

 

The evidential part of the hearing was concluded.

 

Mr. & Mrs. Cross thanked the Chairperson and withdrew from the meeting.

 

 

10.42am     The meeting adjourned.

                                                                    

11.00am     The meeting reconvened.

 

7            Report

 

7.1.        Objection to Menacing Dog Classification – Mr. Roger Cross

 

The Committee considered a report from the Team Leader Compliance Support dated 16 November 2020.

 

Staff tabled relevant photographs to assist the Committee in its deliberations, as requested.  These photographs were listed as (Tabled Items 1 to 7) for the hearing record.

 

Following deliberative discussion, the Committee agreed that it was appropriate to include the following reasons for the decision and the following suggestions in its decision: 

 

Reasons:

 

·           It was accepted, on the balance of evidence presented, that the dog was responsible for the chicken’s demise.

·           It was accepted that the dog “Charlie’ was not a dangerous dog, but it had now been classified as a menacing dog. Under the requirements of the Dog Control Act 1996, the Menacing Dog Classification would reduce the threat to other animals, provide confidence for the dog’s owners and protection for the dog itself.  

·           It was considered that the requirement to muzzle and leash the dog in public was not onerous, and in this case, it was appropriate.

·           The decision was consistent with Council’s risk management approach ensuring that safety measures for other animals were in place.

·           Victims of negative dog behaviour could be satisfied that their concerns had been accepted by Council.

·           Future incidents and complaints about the dog were likely to be mitigated, if compliance to the classification requirements was adhered to. 

 

 

Suggestions:

 

·           The Committee suggested that consideration be given to adjusting the fencing at the dog owners’ place of residence, so that the dog may confidently be contained on the property.    

·           In response to the Dog Owners’ concerns expressed during the hearing, the Committee encouraged a solution to be found that provided adequate ventilation in the home, as well as containment of the dog, e.g. the bedroom sliding door could be fixed and secured to allow airflow, but not be wide enough for the dog to exit.

·           The Committee considered it would be helpful for the Dog Owners to read and familiarise themselves with the responsibilities of Dog Owners under section 5 of the Dog Control Act 1996. 

 

There being no further discussion or questions on the matter, the Chairperson noted that staff would inform the Objectors of the decision, and he then put the resolution.   He thanked Members for their participation in the hearing.

 

Resolution  RH20-3.2

Moved:       Cr J Scrimgeour

Seconded:  Cr J Denyer

 

1.      That the Team Leader Compliance Support’s report dated 16 November 2020 titled ‘Objection to Menacing Dog Classification – Roger Cross’ be received.

 

2.      That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

 

3.      That pursuant to Section 33B(2) of the Dog Control Act 1996, the Regulatory Hearings Committee upholds the Menacing Dog Classification for the following reasons: 

 

Reasons:

 

·           It was accepted, on the balance of evidence presented, that the dog was responsible for the chicken’s demise.

·           It was accepted that the dog “Charlie’ was not a dangerous dog, but it had now been classified as a menacing dog. Under the requirements of the Dog Control Act 1996, the Menacing Dog Classification would reduce the threat to other animals, provide confidence for the dog’s owners and protection for the dog itself.  

·           It was considered that the requirement to muzzle and leash the dog in public was not onerous, and in this case, it was appropriate.

·           The decision was consistent with Council’s risk management approach ensuring that safety measures for other animals were in place.

·           Victims of negative dog behaviours could be satisfied that their concerns had been accepted by Council.

·           Future incidents and complaints about the dog were likely to be mitigated, if compliance to the Menacing Dog Classification requirements was adhered to. 

 

 

Suggestions:

 

·           The Committee suggested that consideration be given to adjusting the fencing at the dog owners’ place of residence, so that the dog may confidently be contained on the property.    

·           In response to the Dog Owners’ concerns expressed during the hearing, the Committee encouraged a solution to be found that provided adequate ventilation in the home, as well as containment of the dog, e.g. the bedroom sliding door could be fixed and secured to allow airflow, but not be wide enough for the dog to exit.

·           The Committee considered it would be helpful for the Dog Owners to read and familiarise themselves with the responsibilities of Dog Owners under section 5 of the Dog Control Act 1996. 

Carried

 

 

The Chairperson declared the meeting closed at 11.47am.

 

The minutes of this meeting were confirmed at the Council Meeting held on 17 December 2020.

 

 


Council Meeting Agenda

17 December 2020

 

9.7         Minutes of the District Plan Committee Meeting held on 24 November 2020

File Number:           A3933992

Author:                    Barbara Clarke, Senior Governance Advisor

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

Recommendation

That the Minutes of the District Plan Committee Meeting held on 24 November 2020 are confirmed as a true and correct record and the recommendations therein are adopted.

 

 

 

Attachments

1.       Minutes of the District Plan Committee Meeting held on 24 November 2020 

  


District Plan Committee Meeting Minutes

24 November 2020

Unconfirmed

   MINUTES OF Western Bay of Plenty District Council
District Plan Committee Meeting No. DP20-10
HELD AT THE Council Chambers, Barkes Corner, Tauranga
ON Tuesday, 24 November 2020 AT 8.30am

 

1            Present

Cr J Scrimgeour (Chairperson), Cr M Dean, Cr M Murray-Benge, and Cr J Denyer

 

2            In Attendance

R Davie (Group Manager Policy Planning and Regulatory Services), A Price (Senior Consents Planner), and B Clarke (Senior Governance Advisor)

 

3            Apologies

 

Apologies

Resolution  DP20-10.1

Moved:       Cr M Murray-Benge

Seconded:  Cr J Denyer

That the apologies for absence from Cr Dally, Cr Grainger, Cr Henry, and Cr Lints be accepted.

Carried

 

4            Declarations of Interest

Nil.

5            Public Excluded Items

Nil.

6            Hearings

Nil.

7            Reports

7.1         Appointment of Independent Hearings Commissioner - November 2020

 

The Committee considered a report from the Senior Consents Planner dated 24 November 2020.

 

The Senior Consents Planner introduced the report, advising that due to the technical nature of the application itself, and the high level of expertise of both the Applicant’s and the Submitters’ representatives, Council had approached three Independent Commissioners who all had a broad spectrum of specialist knowledge and experience, and the technical ability to thoroughly analyse all submissions and evidence.

 

 

 

She noted that Commissioner Mead was not currently included on Council’s Independent Hearings Commissioners Register, however, for this application his appointment was considered to be an appropriate fit, both in respect of the wide range of issues involved and for the scale of the application. 

 

The Council Policy “Appointment of Independent Hearings Commissioners” 4.4 provided that, where hearings required specific technical expertise, and where such expertise was beyond that of Independent Hearings Commissioners on the register, that the District Plan Committee may direct the responsible Group Manager to source the necessary expertise from any other person.  In this case, there were two Independent Commissioners with sufficient specific expertise on the register, however, it was deemed prudent to appoint a third Independent Commissioner.

 

The Chairperson thanked her for her succinct introduction. 

 

Resolution  DP20-10.2

Moved:       Cr M Murray-Benge

Seconded:  Cr M Dean

1.      That the Senior Consents Planner’s report dated 24 November 2020 titled ‘Appointment of Independent Hearings Commissioners – November 2020’ be received.

 

2.      That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

 

3.      That the District Plan Committee appoints the following Independent Hearings Commissioners to consider and determine combined land use consent RC11806L and subdivision consent RC12296S at 404 Omokoroa Road, Omokoroa:

·     Commissioner Jan Caunter (as Chairperson)

·     Commissioner David Hill

·     Commissioner David Mead.

Carried

 

 

The Meeting closed at 8.35am.

 

The minutes of this meeting were confirmed at the Council meeting held on 17 December 2020.

 

 


Council Meeting Agenda

17 December 2020

 

9.8         Minutes of the Performance and Monitoring Meeting held on 24 November 2020

File Number:           A3938870

Author:                    Horowai Wi Repa, Governance Technical Support

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

Recommendation

That the Minutes of the Performance and Monitoring Meeting held on 24 November 2020 be confirmed as a true and correct record and the recommendations therein be adopted.

 

 

 

Attachments

1.       Minutes of the Performance and Monitoring Meeting held on 24 November 2020 

  


Performance and Monitoring Meeting Minutes

24 November 2020

unconfirmed

    MINUTES OF Western Bay of Plenty District Council
Performance and Monitoring Meeting No. PM20-7
HELD AT THE Council Chambers, Barkes Corner, Tauranga
ON Tuesday, 24 November 2020 AT 9:30am

 

1            Present

Cr D Thwaites (Chairperson), Mayor G Webber, Cr G Dally, Cr M Dean, Cr J Denyer, Cr M Grainger, Cr A Henry, Cr C Humphreys, Cr M Lints, Cr K Marsh, Cr M Murray-Benge and Cr J Scrimgeour.

2            In Attendance

G Allis (Deputy CEO/Group Manager Infrastructure Services), J Pedersen (Group Manager People and Customer Services), K Perumal (Group Manager Finance and Technology Services), R Davie (Group Manager Policy Planning and Regulatory Services), G Payne (Strategic Advisor), D Jensen (Senior Financial Planner), R Woodward (Communications Specialist), L Balvert                             (Senior Communications Specialist), K Little (Operations Manager), R Booysen  (Digital Communications Specialist), B Williams (Strategic Property Manager), P Watson (Reserves and Facilities Manager), J Paterson (Transportation Manager), M Dowd (Chief Information Officer),           A Denton (Research and Monitoring Analyst), and C Irvin (Senior Governance Advisor).

3            Apologies

Nil

4            Consideration of Late Items

Nil

5            Declarations of Interest

Members were advised that if they have an interest (actual, potential, perceived, pecuniary or non-pecuniary interest) in any item on the agenda, then they must declare this interest and refrain from discussing or voting on that item, and they were advised to withdraw from the meeting table for the item [As per the Local Authorities (Members’ Interest) Act 1968].

Declarations of interest were as follows:

·         Cr Lints in relation to the confidential report agenda item 11.2: ‘Operational Risk Report October 2020 Confidential: Waiari Water Supply Issues’.

6            Public Excluded Items

Nil

 

 

 

 

 

 

 

7            Public Forum

Public Forum Adjourn Meeting

Resolution  PM20-7.1

Moved:       Cr A Henry

Seconded:  Cr M Lints

That the meeting adjourn for the purpose of holding a public forum.

Carried

 

 

A.   Mr Keith Wisnesky and Ms Gloria Wilson  - Residents of Ohauiti Road

 

·         Mr Wisnesky addressed the Committee regarding the proposed name change for Ohauiti Road.

·         He said that he didn’t have an issue with the name change but with the numbering system along the road.  He had needed to call an ambulance earlier in the year.  He was on the right side of the road when this incident happened but he believed that if he had to call another ambulance to 1252 Ohauiti Road it would not get to him.  His letter box number was 1252 but he believed he actually lived at house number 1220.

·         He had measured the RAPID (Rural Address Property Identification) numbering system along Ohauiti Road from the lights at Palmers Garden Centre and number 1250 took him to the school bus stop at the end of the road.

·         The numbering needed to be addressed as he had frequently experience motorists, who were using Google Maps to guide them, arriving at the wrong address, often at least a kilometre away from where they were wanting to arrive.

·         He asked that the Western Bay of Plenty District Council (WBOPDC) address the issue of the RAPID numbering system and make sure it is fit for purpose. 

Mr Wisnesky responded to questions of clarification as follows:

·         From his calculations, the numbering along the road appeared to be approximately 300 to 350 metres ‘out’ from about number 1180.

·         He was not sure what guidance system (e.g. Google Maps) emergency services used when called out to an incident.

 

Public Forum Meeting Reconvened

Resolution  PM20-7.2

Moved:       Cr M Grainger

Seconded:  Cr J Denyer

That the meeting reconvene in formal session.

Carried

 

8            Presentations

Nil  

9            Reports

9.1         Group Manager Finance and Technology Services Report September 2020

The Committee considered a report dated 24 November 2020 from the Group Manager Finance and Technology who, along with the Senior Financial Planner, gave a summary of the report, which included the following points:

 

·         Key Financial Performance Indicators for the Three Months Ended 30 September 2020 including:

o   Debt; and

o   Interest Rate Swaps.

 

·         Each morning Council received a ‘Heat Map’ of interest rates going forward which gave an indication of what they might do in the future.  These rates had been very low over the last three months and in some instances, for some time periods, they had been negative. 

·         The announcement of the first Covid-19 vaccine had an immediate impact on interest rates across all time periods and across all forward start positions – every single interest rate rose substantially.  This was the single biggest influence on interest rates.

 

·         Key Financial Issues for the Three Months Ended 30 September 2020:

o   Operating Income;

o   Operating Expenditure;

o   Capital Expenditure;

o   Financial Contributions; and

o   Ward and Development Trends Statistics.

 

Staff responded to questions as follows:

 

·         The Reserve Bank was about to introduce a new funding mechanism called ‘Funding to Lend’. It would fund other domestic banks directly, instead of these banks going offshore to get funding.  They would print money to give to these banks in the hope that interest rates would come down for mortgage holders across the country. 

·         Inflation had increased in areas such as housing and shares.  It was not widespread, however if the printing of money continued, it would increase.

 

The Technology Update on the following items was taken as read.

 

·         Kerbside waste collection;

·         Three waters joint maintenance contract;

·         E-District Plan implementation;

·         LTP submission process;

·         IT desktop asset renewals;

·         IT core infrastructure renewals; and

·         Accounts payable invoice automation.

 

Resolution  PM20-7.3

Moved:       Cr J Denyer

Seconded:  Cr M Dean

         That the report dated 24 November 2020 titled ‘Group Manager Finance and Technology Services Report September 2020’ be received.

Carried

 

9.2         Schedule of Payments for the Month of September 2020

The Committee considered a report dated 24 November 2020 from the Finance Manager.  The report was taken as read.

 

Resolution  PM20-7.4

Moved:       Mayor G Webber

Seconded:  Cr M Murray-Benge

         That the report dated 24 November 2020 titled ‘Schedule of Payments for the Month of September 2020’ be received.

Carried

 

9.3         Approval to Amend Road Name - Ohauiti Rd to Upper Ohauiti Rd

The Committee considered a report dated 24 November 2020 from the Group Manager Finance and Technology, who gave a summary of the report, which included the following points:

 

·         Ohauiti Road had duplicated and non-sequential numbers which had created difficulties for services trying to locate properties along the road, and frustration as expressed by the property owners. 

·         There had been correspondence from the Surveyor General for both Councils’ to look at the issues on this road, with a suggestion to rename the upper part of the road ‘Upper Ohauiti Road’.

·         The road numbering issues lay predominantly in Tauranga City Council’s (TCC) area - in the urban part of the road, with WBOPDC’s only concern being the renaming of the upper part of the road to ‘Upper Ohauiti Road’.

·         TCC had approved this numbering change at its Council meeting held on 17 November 2020. This report was for the Performance and Monitoring Committee to consider the approval of the road name change.

 

Staff responded to questions as follows:

 

·         TCC would keep the name ‘Ohauiti Road’ along the residential section of the road, and the name would change where the alignment/boundary occurs between TCC and WBOPDC.

·         The numbering would not be changed from the start of the Western Bay of Plenty boundary for ‘Ohauiti Road’, so as not to cause disruption for residents along the entire road.   This was the least disruptive option for residents along the road as only the road name change affected Western Bay of Plenty District Council residents.

·         The measuring of the road was being done digitally which meant that there could be some discrepancies in measurement and areas due to factors such as the road not being flat.

 

Resolution  PM20-7.5

Moved:       Mayor G Webber

Seconded:  Cr M Dean

1.        That the report dated 24 November 2020 titled ‘Approval to Amend Road Name – Ohauiti Road to Upper Ohauiti Road’ be received.

2.       That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

3.       That pursuant to sections 319 and 319A of the Local Government Act 1974, the Committee approves the renaming of Ohauiti Road to Upper Ohauiti Road, in relation to the section of Ohauiti Road southwards from the Boscabel and Adler Drive intersections, noting that Tauranga City Council (TCC) will address numbering changes.

4.       That the Committee notes that the date of implementation for the road name change will be in agreement with TCC, and dependent on TCC agreeing to change the road name and numbering in a manner generally consistent with resolution 3 of this report.

Carried

 

9.4         Lease Site for Katikati Avocado Food and Wine Festival Shipping Containers on Uretara Domain

The Committee considered a report dated 24 November 2020 from the Reserves and Facilities Manager, who gave a summary of the report, which included the following points:

 

·         This update was to focus on the application and the timing to get the containers in place for an event early in the new year.

·         The final decision would be made at the next Council meeting on 17 December 2020.

 

Staff responded to questions as follows:

 

·         The Reserves and Facilities Manager confirmed that the fence to be erected in front of the container doors and the painting of the containers would be included as conditions of the lease.

Resolution  PM20-7.6

Moved:       Cr J Denyer

Seconded:  Cr M Grainger

1.    That the report dated 24 November 2020 titled ‘Lease Site for Katikati Avocado Food and Wine Festival Shipping Containers on Uretara Domain’ be received.

2.    That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

3.    That the Performance and Monitoring Committee recommends to Council to exercise its powers conferred on it as the administrating body of the reserve by delegation from the Minister of Conservation under the Reserves Act 1977 and grant Katikati Funfest Charitable Trust Board the right to lease for up to 25 years for 142m² of land being part of Lot 1 DP15488 to allow for a storage facility situated on Uretara Domain.

4.    If approval is given, such approval must not be construed by the applicant, as a guarantee that all other consents required by any policy, by-law, regulation or statute, will be forthcoming.  The applicant is responsible for obtaining all required consents at its own cost.

Carried

 

10:20am    The meeting adjourned.

 

10:30am    The meeting reconvened.

 

Change to Order of Business

              The Chairperson requested that the next item of business be open Agenda item 9.8: ‘Freedom Camping in the Western Bay – Ambassadors’ in order to meet a media deadline.

Resolution  PM20-7.7

Moved:       Cr M Murray-Benge

Seconded:  Cr M Lints

That the open agenda item 9.8: ‘Freedom Camping in the Western Bay – Ambassadors’ be the next item of business in order to meet a media deadline.

Carried

 

9.5         Freedom Camping in the Western Bay - Ambassadors

The Committee considered a report dated 24 November 2020 from the Group Manager Policy Planning and Regulatory Services and the Team Leader Compliance Support, who gave a summary of the report, which included the following points:

·         As the result of a funding application Council had secured $175,000 from the Ministry of Business, Innovation and Employment that would go towards a suite of Freedom Camping interventions that are typically deployed during the Christmas and summer season.  This was to align with a national promotion called the ‘Tiaki Promise’, which was to care for people and the environment. 

·         This would be done through the use of summer ‘Ambassadors’ on the ground at Waihi Beach who would share information with Freedom Campers on how to be a responsible camper, how to care for the environment, and enjoy their freedom camping.

·         Some of the funding would also be used for job contracts and support maintenance.

·         In the past, Council had taken a ‘heavy education’ approach to try to get people in the right areas, and to behave accordingly.   This year, due to the monitoring role the Ambassadors were taking to educate Freedom Campers, they were taking a different approach which involved providing less warnings and more infringements.

Staff responded to questions as follows:

·         Due to the conditions of the funding agreement and WBOPDC’s responsibilities associated with it, the grant could only be used for Freedom Camping.

·         Staff were investigating the possibility of looking at another tranche of funding for dog and Dotterel control at Waihi Beach.

·         Freedom Camping was the fastest growing club in New Zealand.  Finding a balance to satisfy everyone was challenging, but so far Council had done well due to dedicated efforts by staff. 

 

Resolution  PM20-7.8

Moved:       Mayor G Webber

Seconded:  Cr M Dean

That the report dated 24 November 2020 titled ‘Freedom Camping in the Western Bay – Ambassadors’ be received.

Carried

 

9.6         Matakana Island - Tirohanga Road Extension

The Committee considered a report dated 24 November 2020 from the Transportation Manager, who gave a summary of the report, which included the following points: 

 

·         This report was to bring the Committee’s attention to the opposition to the extension of Matakana Point Road voiced by a resident of Matakana Island.

·         It was a surprise to everyone at the site meeting on 9 October 2020 that a resident disagreed with the proposed seal extension because information about it had been on the WBOPDC’s website since 2016.  The resident wanted the construction to be reduced on one road and relocated to Matakana Point Road.

·         The direction given by Council was to continue with the delivery of the existing Seal Extension Programme.  A new Seal Extension Programme would be developed in 2021. 

 

Staff responded to questions as follows:

 

·         Matakana Point Road had not been prioritised over Tirohanga Road because the priority criteria supported other District sites, including Tirohanga Road.    

·         There had been no discussion with the Objector to date regarding the disused Marae at the end of Matakana Point Road.

·         Contractors had the capacity to do all the work, however, it would be important to advise residents of time frames and to advise the objector of any decisions made in advance of anything happening.

 

 

Resolution  PM20-7.9

Moved:       Mayor G Webber

Seconded:  Cr A Henry

1.    That the report dated 24 November 2020 titled ‘Matakana Island – Tirohanga Road’ be received.

2.    That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

3.    That the seal extension on Tirohanga Road proceeds as planned.

And

4.    That Matakana Point Road be assessed against the seal extension criteria in the next Seal Extension Programme setting report in the first quarter of 2021.

Carried

 

9.7         Operational Risk Report November 2020

The Committee considered a report dated 24 November 2020 from the Deputy Chief Executive.

 

The Transportation Manager spoke to a power point presentation and gave an update on the work and upgrading being done on the following roads:

 

·         Station Road Rehabilitation and New Footpath in Te Puke;

·         Rangiuru Road Rehabilitation and New Footpath;

·         Te Matai Road Rehabilitation;

·         Anderley Avenue Footpath, Omokoroa;

·         Emeny Road No. 1 School Footpath; and

·         McPhail Road Rehabilitation.

 

The Deputy Chief Executive spoke to a power point presentation and gave an update on the following:

 

·         Waihi Beach Wastewater Treatment Plant

The temporary commissioned plant was up and running and the old lagoon was being de-sludged.  Work was being done in preparation to de-commission the ponds.  The next stage was an assessment of the work required, including what would be the best option for the future.

 

·         Two Mile Creek Bank Protection

Letters had been sent to individual property owners seeking sign-off on landowner entry. The project would not go ahead if these property owners did not all sign off.  The tender process had concluded, Council had received three tenders and was working together with the lowest bidder on available options. All tenders were significantly above budget.  The project was complicated and the design was under review to determine if an alternative design would reduce costs. 

 

 

 

change to order of business

 

The Chairperson requested that the next item of business be the confidential agenda item 11.1: ‘NZTA – Waka Kotahi, SH2 & TNL Update Presentation’ Issues’ in order to allow the guest presenters attending for that item to be released from the meeting.

Resolution  PM20-7.10

Moved:       Cr M Grainger

Seconded:  Cr M Dean

That confidential agenda item 11.1: being ‘NZTA – Waka Kotahi, SH2 & TNL Update Presentation’ be the next item of business in order to allow the guest presenters attending for that item to be released from the meeting.

Carried

Resolution  PM20-7.11

Moved:       Cr M Grainger

Seconded:  Cr M Dean

11.15am

A.    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

11.1 – ‘NZTA – Waka Kotahi, SH2 & TNL Update Presentation’

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

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

 

B.    That pursuant to Standing Orders 2.16.4, C Tobin (Senior Project Manager Complex), A Crean (Senior Transport Planner) and C O’Keefe (Lead Strategic Planner) from Waka Kotahi (NZTA), be permitted to remain after the public have been excluded because of their knowledge of Western Bay of Plenty Roading Issues.  This knowledge was relevant because it may assist the Committee or may include responses to questions.

 

Carried

 

 

 

 

 

 

MINUTES RESUMED IN OPEN SESSION AT 12.18PM

 

PRESENT:

 

Cr D Thwaites (Chairperson), Mayor G Webber, Cr G Dally, Cr M Dean, Cr J Denyer, Cr M Grainger, Cr A Henry, Cr C Humphreys, Cr M Lints, Cr K Marsh, Cr M Murray-Benge and Cr J Scrimgeour.

 

IN ATTENDANCE:

 

                   G Allis (Deputy CEO/Group Manager Infrastructure Services), J Pedersen (Group Manager People and Customer Services), K Perumal (Group Manager Finance and Technology Services),                       J Paterson (Transportation Manager), P Watson (Reserves and Facilities Manager), B Williams (Strategic Property Manager),  K Hill (Utilities Manager), L Balvert (Senior Communications Specialist), K Little (Operations Manager), R Booysen (Digital Communications Specialist), and C Irvin (Senior Governance Advisor).

 

9.7   Operational Risk Report November 2020 continued:

 

The Utilities Manager spoke to a power point presentation and gave an update on the following:

 

·         Silica in the Water Supply

Council would be driving an educational programme over the coming year which would include a communications strategy that outlined some of the things water users could implement to reduce their risk of silica build-up.  Information obtained from other councils as to how they had dealt with the problem would be provided to councillors.  The focus was on ensuring that people had safe drinking water.  The problem occurred with bore water and surface water takes, depending on where the water was drawn from. 

 

·         Status of Water Survey

Dry spells would be expected in December 2020/January 2021.  Council’s plan of action included, amongst other things, new types of water restriction signage across the District as an early ‘heads-up’.  These new signs were designed to seek consistency throughout the region.  Restrictions would apply to large volume water users. Plans were in place to activate another bore and for UV systems, to treat raw water, to be delivered.  It was unlikely works would be completed by Christmas due to suppliers not being able to deliver materials.

 

The Deputy Chief Executive spoke to a power point presentation and gave an update on the following:

 

·         3 Waters Funding Update

Council had received the first tranche of funding and there were several projects currently underway. 

 

The Strategic Property Manager spoke to a power point presentation and gave an update on the following:

 

·         Omokoroa Sports Pavilion

Pre-consultation on Expressions of Interest for both use and location would take place at the Omokoroa Public Meeting on 2 December 2020.  This would be followed by a formal ‘Expression of Interest’ process, and the Omokoroa Community Board would then assess them, including funding, and make a recommendation to Council.

 

·         Omokoroa – The Old Library

Pre-consultation on Expressions of Interest for use would take place at the Omokoroa Public Meeting on 2 December 2020.  This would be followed by a formal ‘Expression of Interest’

 

 

process, and the Omokoroa Community Board would then assess them, including funding, and make a recommendation to Council.

 

·         Pukehina Hall

Discussions with the Pukehina Hall Committee were ongoing.  The Committee had  expressed that they would like to ‘repair’ rather than ‘investigate’ the hall.  However, Council was waiting for the report on work finished so far to be completed before making a decision on budget provisions. 

 

·         33 Middlebrook Drive, Katikati

Local communities were working together to bring about more usage of this land.  This had been discussed with the Katikati Community Board.  It  would go through the same ‘Expression of Interest’ process as Omokoroa in order to see if there were any more communities interested in using the land. 

The Senior Communications Specialist spoke to a power point presentation and gave an update on the following:

 

·         Omokoroa Peninsula Projects – Communications

This was an update from the 13 October 2020 Performance and Monitoring Meeting.  There would be a community update at the Omokoroa Settler’s Hall on 2 December 2020 providing residents with an opportunity to find out more about infrastructure developments.  An ‘Omokoroa Projects’ webpage had been set up that contained an interactive story map. 

The Reserves and Facilities Manager spoke to a power point presentation and gave an update on the following:

 

·         Katikati Beach Road Land Purchase

Staff had met with the Katikati Community Board on 6 November 2020 to present the ‘big picture’ and advise on consultation timings.  Letters had been sent to owners adjoining the property.

 

·         Waihi Beach Container Café

After completing further due diligence, the applicant withdrew their application for the lease and the Waihi Beach Community Board had been notified.

 

Resolution  PM20-7.12

Moved:       Cr M Lints

Seconded:  Cr M Murray-Benge

That the report dated 24 November 2020 titled ‘Operational Risk Report November 2020’ be received.

Carried

 

 

9.8         Infrastructure Services Performance & Monitoring Report November 2020

The Committee considered a report dated 24 November 2020 from the Deputy Chief Executive.  The report was taken as read.

 

Resolution  PM20-7.13

Moved:       Cr M Lints

Seconded:  Cr M Murray-Benge

         That the report dated 24 November 2020 titled ‘Infrastructure Services Performance and Monitoring Report November 2020’ be received.

Carried

 

10          Information for Receipt

Nil

1.05pm     The meeting adjourned.

 

1.30pm     The meeting reconvened.

11          Resolution to Exclude the Public

Resolution  PM20-7.14

Moved:       Cr G Dally

Seconded:  Cr M Dean

1.31 pm

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

11.2 - Operational Risk Report November 2020 Confidential

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

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

11.3 - Council Contracts Awarded Or Renegotiated For The Months Of September and October 2020

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

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

 

 

Carried

 

 

 

The Meeting closed at 1:52pm

 

 


Council Meeting Agenda

17 December 2020

 

9.9         Minutes of the Policy Committee Meeting held on 1 December 2020

File Number:           A3945228

Author:                    Carolyn Irvin, Senior Governance Advisor

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

Recommendation

That the Minutes of the Policy Committee Meeting held on 1 December 2020 are confirmed as a true and correct record and the recommendations therein are adopted.

 

 

 

 

Attachments

1.       Minutes of the Policy Committee Meeting held on 1 December 2020 

  


Policy Committee Meeting Minutes

1 December 2020

unconfirmed

   MINUTES OF Western Bay of Plenty District Council
Policy Committee Meeting No. PP20-7
HELD AT THE Council Chambers, Barkes Corner, Tauranga
ON Tuesday, 1 December 2020 AT 9:30am

 

1            Present

Mayor G Webber (Chairperson), Cr G Dally, Cr M Dean, Cr J Denyer, Cr M Grainger, Cr A Henry, Cr C Humphreys, Cr M Lints, Cr M Murray-Benge, Cr J Scrimgeour and Cr D Thwaites.

2            In Attendance

M Taris (Chief Executive Officer), R Davie (Group Manager Policy Planning and Regulatory Services), E Watton (Policy and Planning Manager), J Paterson (Transportation Manager), C Steiner (Senior Policy Analyst), R Woodward (Communications Specialist) K McGinity (Senior Recreation Planner), J Osborne (Governance Support Administrator) and C Irvin (Senior Governance Advisor).

 

OTHER ATTENDEES

One member of the media.

 

COMMUNTIY BOARDS

R Crawford (Chairperson, Te Puke Community Board)

R Goudie (Chairperson, Waihi Beach Community Board)

 

3        APOLOGY

Apology

Resolution  PP20-7.1

Moved:       Cr M Grainger

Seconded:  Cr M Dean

That the apology for absence from Cr K Marsh be accepted.

Carried

4            Consideration of Late Items

Nil

5            Declarations of Interest

Nil

6            Public Excluded Items

Nil

7            Public Forum

Nil

8            Presentations

Nil

9            Reports

9.1         Deliberations on the Draft Speed Limits Bylaw 2020

The Committee considered a report dated 1 December 2020 from the Senior Policy Analyst-Consultant who gave a summary of the report noting the following:

 

·         The draft Speed Limits Bylaw was adopted in July 2020 to go out for consultation.

·         There had been quite a number of community requests for speed limit reductions since 2015, which was the last time Council had made changes.

·         Three Key Issues were involved:

o   The setting of a default speed limit at 50 kilometres per hour in urban areas;

o   A range of changes across the local road network; and

o   The setting of variable speed limits around local schools.

·         The majority of submissions received agreed with Council’s proposed changes.

·         This deliberations report identified five key issues to be worked through, as reflected in the recommendations.

 

The Chairperson advised that, for clarity, the resolutions would be dealt with in parts.

 

Resolution  PP20-7.2

Part 1.

Moved:       Cr M Lints

Seconded:  Cr A Henry

1.      That the Senior Policy Analyst – Consultant’s report dated 1 December 2020 titled ‘Deliberations on the Draft Speed Limits Bylaw 2020’ be received.

Carried

Resolution  PP20-7.3

Part 2.

Moved:       Cr A Henry

Seconded:  Cr M Murray-Benge

2.    That the report relates to an issue that is considered to be of medium significance in terms of Council’s Significance and Engagement Policy.

Carried

 

Resolution  PP20-7.4

Part 3.

Moved:       Cr G Dally

Seconded:  Cr J Denyer

3.    That the Committee receives all written and verbal feedback from the special consultative procedure, 3 August to 4 September 2020, as set out in the document titled “Speed Limits Bylaw Review – Submissions” as circulated separately with this agenda.

Carried

 

Resolution  PP20-7.5

Part 4.

Moved:       Cr M Dean

Seconded:  Cr G Dally

4.    That in relation to Issue 1: Urban Traffic Areas, the Committee resolves (as amended in the draft bylaw) to recommend to Council to include Urban Traffic Areas, which set default speed limits of 50km/hr, in the final bylaw.  

Carried

 

Resolution  PP20-7.6

Part 5.

Moved:       Cr G Dally

Seconded:  Cr M Lints

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

a.       No. 2 Road - 50km/hr from end of 50km/hr zone to Dudley Vercoe Drive, 60km/hr to the current 100km/hr mark on edge of urban limits.

Carried

 

Resolution  PP20-7.7

Part 6.

Moved:       Cr G Dally

Seconded:  Cr M Lints

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

b.       Manoeka Road - 50km/hr from Te Puke Quarry Road up to address No 293 then 60km/hr to the end of Manoeka Road.

Carried

Resolution  PP20-7.8

Part 7.

Moved:       Cr G Dally

Seconded:  Cr M Lints

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

c.       No. 1 Road - 50km/hr from No 27 (current end of 50km/hr) to end of curved section at 15 meters south of boundary between property No 78 and No 93.

Carried

Resolution  PP20-7.9

Part 8.

Moved:       Cr M Lints

Seconded:  Cr M Murray-Benge

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

d.       No. 3 Road - 50km/hr to the existing 70/100 signs at No 106 south of Macloughlin Drive.

 

Carried

 

MOTION

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

e.    Wilson Road South - 50km/hr from north of the railway over bridge to 135m north of No 156 (just before corner).

 

Amendment

 

Moved:  Cr J Scrimgeour

Second: Cr A Henry

 

That sentence ‘e.’ read as follows:

 

           e.  Wilson Road South - 50km/hr from the existing 50km/hr to 135m north of No 156 (just

                before the corner).

CARRIED 

 

The amendment was put, was declared carried and became the Substantive Motion as follows: 

 

SUBSTANTIVE MOTION PP20-7.10

Part 9.

Moved:       Cr J Scrimgeour

Seconded:  Cr A Henry

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

e.       Wilson Road South - 50km/hr from the existing 50km/hr to 135m north of No 156 (just before the corner).

Carried

Resolution  PP20-7.11

Part 10.

Moved:       Cr M Lints

Seconded:  Cr J Scrimgeour

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

f.       Ford Road - 60km/hr from 750m north of Kaituna Road to end of road.

Carried

Resolution  PP20-7.12

Part 11.

Moved:       Cr G Dally

Seconded:  Cr M Lints

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

g.       Arawa Road - 40km/hr and include Penelope Place.

Carried

Resolution  PP20-7.13

Part 12.

Moved:       Cr J Scrimgeour

Seconded:  Cr M Lints

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

h.       Pah Road - 80km/hr for 800m from Te Puke Highway.

Carried

Resolution  PP20-7.14

Part 13.

Moved:       Cr M Murray-Benge

Seconded:  Cr M Dean

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

i.        Joyce Road – 50km/hr from Pyes Pa Road to Harlow Place then 80km/hr for rest of Joyce Road to SH36.

Carried

Resolution  PP20-7.15

Part 14.

Moved:       Cr M Dean

Seconded:  Cr M Murray-Benge

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

j.        Oropi Road - 80km/hr from Wood Road to just south of Castles Road. 

Carried

Resolution  PP20-7.16

Part 15.

Moved:       Cr M Dean

Seconded:  Cr A Henry

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

k.       Oropi Road - 50km/hr from Oropi Village south to 25m south of No 1381 (180m north of McPhail Road).

Carried

Resolution  PP20-7.17

Part 16.

Moved:       Cr M Murray-Benge

Seconded:  Cr D Thwaites

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

l.        Omanawa Road – 80km/hr from SH29 to McLaren Falls Road.

Carried

Resolution  PP20-7.18

Part 17.

Moved:       Cr M Murray-Benge

Seconded:  Cr M Dean

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

m.     Oropi Gorge Road – 60km/hr from 150m west of water tanks access way to Oropi Road.

 

Carried

Resolution  PP20-7.19

Part 18.

Moved:       Cr M Grainger

Seconded:  Mayor G Webber

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

n.       Anderley Avenue – 40km/hr from Omokoroa Road to the end of Anderley Avenue.

 

Carried

Resolution  PP20-7.20

Part 19.

Moved:       Cr D Thwaites

Seconded:  Mayor G Webber

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

o.       Oikemoke Road - 60km/hr to the end of the road, and include Lochhead Road, from Te Puna Road to the end.

Carried

Resolution  PP20-7.21

Part 20.

Moved:       Cr D Thwaites

Seconded:  Cr M Murray-Benge

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

p.       Clarke Road – 80km/hr from SH2 to Te Puna Station Road.

Carried

Resolution  PP20-7.22

Part 21.

Moved:       Cr D Thwaites

Seconded:  Cr M Grainger

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

q.       Snodgrass Road – 60km/hr from 50m south of Borell Road to 1200m north of Borell Road (existing 50km/hr location).

Carried

Resolution  PP20-7.23

Part 22.

Moved:       Cr M Grainger

Seconded:  Cr M Murray-Benge

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

r.       Newnham Road – 60km/hr from Snodgrass Road to end of road.

Carried

Resolution  PP20-7.24

Part 23.

Moved:       Cr D Thwaites

Seconded:  Cr M Murray-Benge

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

s.       I’Anson Road – 60km/hr from Munro Road to end of road.

Carried

Resolution  PP20-7.25

Part 24.

Moved:       Cr D Thwaites

Seconded:  Cr M Murray-Benge

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

t.        Munro Road – 60km/hr from SH2 to Te Puna Quarry Road.

Carried

Resolution  PP20-7.26

Part 25.

Moved:       Cr M Murray-Benge

Seconded:  Cr M Grainger

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

u.       Florence Lane – 60km/hr from Minden Road to end of road.

Carried

Resolution  PP20-7.27

Part 26.

Moved:       Cr M Murray-Benge

Seconded:  Mayor G Webber

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

v.       Crawford Road - 60km/hr up to RP 4190m near Poripori Road.

Carried

Resolution  PP20-7.28

Part 27.

Moved:       Cr D Thwaites

Seconded:  Cr M Murray-Benge

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

w.      Minden Road – 60km/hr from existing 80km/hr sign to existing deregulation sign near Minden lookout.

Carried

Resolution  PP20-7.29

Part 28.

Moved:       Cr M Murray-Benge

Seconded:  Cr M Dean

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

x.       Junction Road – 60km/hr from Minden Road to Crawford Road.

Carried

Resolution  PP20-7.30

Part 29.

Moved:       Cr M Murray-Benge

Seconded:  Cr D Thwaites

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

y.       Te Puna Station Road – 60km/hr from SH2 to 40m west of Clarke Road.

Carried

Resolution  PP20-7.31

Part 30.

Moved:       Cr D Thwaites

Seconded:  Cr M Dean

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

z.       Te Puna Station Road – 80km/hr from 40m west of Clarke Road to Te Puna Road.

Carried

Resolution  PP20-7.32

Part 31.

Moved:       Cr M Murray-Benge

Seconded:  Cr M Grainger

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

aa.     Poripori Road – 80km/hr from SH29 to Crawford Road.

Carried

 

MOTION

 

Moved:       Cr D Thwaites

Seconded:  Mayor G Webber

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend the following amendments for inclusion in the final bylaw:

bb.         Omokoroa Road - 60km/hr from Prole Road to existing 80/60 change point near

Kaimai Views roundabout. Retain existing 60km/hr from Kaimai Views to Tralee Street.  Retain existing 50km/hr from Tralee Street to Esplanade.  Reduce Esplanade to 30km/hr.

 

Amendment

 

The mover and seconder agreed to the following amendment of their motion:

 

That sentences 1, 3  and 4 remain unchanged.

That ‘bb.’ read as follows with the emboldened sentence amended:

 

         bb.        Omokoroa Road – 60km/hr from Prole Road to existing 80/60 change point near

                      Kaimai Views roundabout.  Reduce the existing 60km/hr from Kaimai views to

                      Tralee Street to 50km/hr.  Retain existing 50km/hr from Tralee Street to Esplanade.

                      Reduce Esplanade to 30km/hr.

 

 

CARRIED

 

The motion, as amended, was then put.  Voting was recorded as follows:

For:                   Mayor Webber, Cr G Dally, Cr M Dean, Cr M Grainger, Cr A Henry,

                         Cr C Humphreys,  Cr M Lints, Cr J Scrimgeour, and Cr D Thwaites.

Against:            Cr J Denyer            

Abstained:        Cr M Murray-Benge   

Absent:             Cr K Marsh                

 

The amendment was declared carried and became a Substantive Motion as follows:

 

SUBSTANTIVE MOTION  PP20-7.33

Part 32.

 

Moved:       Cr D Thwaites

Seconded:  Mayor G Webber

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

bb.         Omokoroa Road - 60km/hr from Prole Road to existing 80/60 change point near

Kaimai Views roundabout. Reduce existing 60km/hr from Kaimai Views to Tralee Street.  Retain existing 50km/hr from Tralee Street to Esplanade.  Reduce Esplanade to 30km/hr.

Carried

Resolution  PP20-7.34

Part 33.

Moved:       Cr J Denyer

Seconded:  Cr A Henry

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

cc.     Seaforth Road - No change (retain current limits) from existing 50km/hr sign near Albacore Avenue (150m east of Albacore Avenue) and install 50km/hr advanced warning signage.

Carried

Resolution  PP20-7.35

Part 34.

Moved:       Cr J Denyer

Seconded:  Cr A Henry

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

dd.     Seaforth Road - 50km/hr at RP 4950m to Pio Road roundabout. 

Carried

Resolution  PP20-7.36

Part 35.

Moved:       Cr A Henry

Seconded:  Cr J Denyer

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

ee.     Sharp Road – 80km/hr from SH2 to end of road.

Carried

Resolution  PP20-7.37

Part 36.

Moved:       Cr M Murray-Benge

Seconded:  Cr A Henry

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

ff.      Tetley Road - 60km/hr on Tetley Road from RP 1240m to Wills Road.

Carried

Resolution  PP20-7.38

Part 37.

Moved:       Cr A Henry

Seconded:  Cr C Humphreys

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

gg.     Rereatukahia Road – 60km/hr from Tetley Road to end of maintained section.

 

Carried

 

 

 

Resolution  PP20-7.39

Part 38.

Moved:       Cr J Denyer

Seconded:  Cr A Henry

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

hh.     Rereatukahia Pa Road – 40km/hr from Rereatukahia Road to end of maintained section.

Carried

Resolution  PP20-7.40

Part 39.

Moved:       Cr C Humphreys

Seconded:  Cr A Henry

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

ii.       Lindemann Road – 80km/hr from SH2 to end of road.

Carried

Resolution  PP20-7.41

Part 40.

Moved:       Cr J Denyer

Seconded:  Cr A Henry

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

jj.       Wilson Road, Waihi Beach - 40km/hr on Wilson Road Waihi Beach from RP 690m (near The Crescent) to RP 1000m (near Dillon Street).

Carried

Resolution  PP20-7.42

Part 41.

Moved:       Cr A Henry

Seconded:  Cr J Denyer

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

kk.     Waihi Beach Road – 80km/hr from the district boundary to existing 50km/hr zone.

 

Carried

Resolution  PP20-7.43

Part 42.

Moved:       Cr J Denyer

Seconded:  Cr M Murray-Benge

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

ll.       Beach Road, Waihi Beach – no change, retain current 50km/hr. An annual temporary 30km/hr speed limit to be installed during the summer holiday period.

 

Carried

Resolution  PP20-7.44

Part 43.

Moved:       Cr A Henry

Seconded:  Cr J Denyer

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

mm.  Athenree Road – 50km/hr from 325m west of Koutunui Road intersection to Koutunui Road/Athenree Road intersection.

Carried

Resolution  PP20-7.45

Part 44.

Moved:       Cr M Murray-Benge

Seconded:  Cr J Denyer

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

nn.     Opureora Road – 60km/hr from the Wharf to 55 Opureora Road.

Carried

6.    In relation to Issue 3: Variable Speed Limits, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

Staff responded to questions of clarification around the speed limit amendments for schools as follows:

·         The setting of speed limit rules for schools sets out the maximum amount of time that you can operate variable speed limits for schools.  All of the new speed limits were set for the maximum period of time that is allowed within the central government legislation for school signs.

·         The recommendations came from consultations the Roading Engineer East had with school principals from each of the schools.

 

 

 

Resolution  PP20-7.46

Part 45.

Moved:       Cr M Murray-Benge

Seconded:  Cr A Henry

6.    That in relation to Issue 3: Variable Speed Limits, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

a.       Katikati Primary School and Katikati College – variable speed limit of 40km/hr from Beach Road, Katikati – from 10m east of Carisbrooke Street to 50m west of Fairview Road, and between 8.20am - 8.55am and 2.50pm – 3.10pm during school term.

b.       Waihi Beach School - variable speed limit of 40km/hr from Beach Road, Waihi Beach – 50m north of Wilson Road RAB to 50m south of Browns Drive, and between 8.20am - 8.55am and 2.50pm – 3.10pm during school term.

c.       Oropi School - variable speed limit of 40km/hr from Oropi Road, Oropi Village – from 15m east of Oropi Gorge Road (RP 11.847) to 100m south of Gamman Mill Road (RP 12.206), and between 8.20am - 8.55am and 2.35pm – 2.55pm during school term.

d.       Maketu School – no change to current speed limits on Wilson Road North as the school is not located on this road.

e.       Paengaroa School - variable speed limit of 40km/hr from Old Coach Road, Paengaroa – from 70m south of Wilson Road South (RP 70) to 265m south of Sunset Drive (RP 605), Sunset Drive, Paengaroa – from 70m west of Old Coach Road (RP 200) to Old Coach Road (RP 270), Black Road, Paengaroa – from Old Coach Road (RP 0) to 55m east of Old Coach Road (RP 55), and between 8:20am - 8:55am and 2:50pm - 3:10pm during school term.

f.       Te Puke Intermediate - variable speed limit of 40km/hr from Cameron Road, Te Puke from 145m south of Hookey Drive intersection to No 143 Cameron Road near Kylemore Place intersection, and between 8:05am-8:50am and 2:55pm-3:30pm during school term.

g.       Inclusion of 60km/hr permanent speed limits within 300m either side of the following rural schools (in response to the Waka Kotahi submission):

-     Rangiuru School

-     Pongakawa School

-     Omokoroa No.1 School (Plummers Point Road)

-     Whakamarama School

-     Pukehina School

   

Carried

Resolution  PP20-7.47

Part 46.

Moved:       Cr J Denyer

Seconded:  Cr M Dean

7.    That in relation to Issue 4: Additional areas requested for lower speed limits, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

a.       That the speed limit be reduced to 50km/hr on Pahoia Road near the intersection with Pahoia Beach Road turnoff, and extending to the end of Pahoia Road and to the end of Pahoia Beach Road. 

Carried

Resolution  PP20-7.48

Part 47.

Moved:       Cr J Denyer

Seconded:  Cr J Scrimgeour

8.    That in relation to Issue 4: Additional areas requested for lower speed limits, the Committee notes that all other additional requests (with the exception of resolution 7 above) be deferred for consideration as part of the district wide speed limits review, following proposed legislative changes.  The rationale for this is that the requests have not been consulted on and are made by a few people, therefore this should be tested in terms of wider community feedback through another round of consultation. 

Carried

Resolution  PP20-7.49

Part 48.

Moved:       Cr M Lints

Seconded:  Cr A Henry

9.    That in relation to Issue 5: General comments on draft Bylaw, the Committee notes concerns raised by the community, Waka Kotahi and New Zealand Automobile Association (NZAA), and responds that the bylaw changes are seeking to address locally identified community concerns, rather than applying a generic approach across the District. This recognises the different road environments, use and specific community concerns. 

Carried

Resolution  PP20-7.50

Part 49.

Moved:       Cr M Dean

Seconded:  Cr M Murray-Benge

10.  That the Committee recommends to Council that the Speed Limits Bylaw 2020 be adopted, inclusive of the above amendments, and shall become effective on 29 March 2021.

Carried

Resolution  PP20-7.51

Part 50.

Moved:       Cr J Denyer

Seconded:  Cr M Grainger

11.  That the Committee directs staff to prepare a decision document as the formal response to submitters, in general accordance with the resolutions made in relation to this report, to be adopted at the Council meeting on 17 December 2020, alongside the final bylaw.

Carried

 

 

9.2  Adoption of Lund Road Reserve Concept Plan

The Committee considered a report dated 1 December 2020 from the Senior Recreation Planner.  The report was taken as read.

 

The Chairperson advised that, for clarity, the resolutions would be dealt with in parts.

 

Resolution  PP20-7.52

Part 1.

Moved:       Cr M Grainger

Seconded:  Cr M Dean

1.       That the Senior Recreation Planner’s report dated 1 December 2020 titled ‘Adoption of Lund Road Reserve Concept Plan’ be received.

Carried

Resolution  PP20-7.53

Part 2.

Moved:       Cr A Henry

Seconded:  Cr M Murray-Benge

2.       That the report relates to an issue that is considered to be of medium significance in terms of Council’s Significance and Engagement Policy.

Carried

Resolution  PP20-7.54

Part 3.

Moved:       Cr M Lints

Seconded:  Cr J Scrimgeour

3.       That the Policy Committee receives all written and verbal feedback from the Special Consultative Procedure 24 August to 2 October 2020, as set out in the document titled “Draft Lund Road Concept Plan Submission Pack 2020” (Attachment A of the Agenda report).

Carried

Resolution  PP20-7.55

Part 4.

Moved:       Cr M Dean

Seconded:  Cr M Murray-Benge

4.       That the Policy Committee adopts the Lund Road Reserve Concept Plan as released for community consultation pursuant to section 83 of the Local Government Act 2002 (Attachment B of the Agenda report), inclusive of the following:

Issue 1:

Option A: That the final concept plan confirms the provision of the equestrian car park, location, layout and facilities as proposed in the draft concept plan.

Carried

Resolution  PP20-7.56

Moved:       Cr M Grainger

Seconded:  Cr J Denyer

Part 5.

4.       That the Policy Committee adopts the Lund Road Reserve Concept Plan as released for community consultation pursuant to section 83 of the Local Government Act 2002 (Attachment B of the Agenda report), inclusive of the following:

Issue 2:

Option A: That final concept plan confirms the provision of the mountain bike car park location, layout and facilities as proposed in the draft concept plan.

Carried

Resolution  PP20-7.57

Moved:       Cr A Henry

Seconded:  Cr J Denyer

Part 6.

4.       That the Policy Committee adopts the Lund Road Reserve Concept Plan as released for community consultation pursuant to section 83 of the Local Government Act 2002 (Attachment B of the Agenda report), inclusive of the following:

Issue 3:

Option A: That the final concept plan confirms the provision of the overflow/events car park location, layout and facilities as proposed in the draft concept plan.

Carried

Resolution  PP20-7.58

Moved:       Cr M Murray-Benge

Seconded:  Cr J Denyer

Part 7.

4.       That the Policy Committee adopts the Lund Road Reserve Concept Plan as released for community consultation pursuant to section 83 of the Local Government Act 2002 (Attachment B of the Agenda report), inclusive of the following:

Issue 4:

That the final concept plan confirms the provision of the track and trails plan as proposed in the draft concept plan, being the level of service provided by the Council with scope for development by community groups in the future.

Carried

Resolution  PP20-7.59

Part 8.

Moved:       Cr M Dean

Seconded:  Cr J Denyer

5.       That in relation to Issue 5, the Policy Committee approves the proposed name Waitekohekohe Reserve, as gifted by Ngai Tamawhariua and directs staff to initiate the formal name change process in accordance with Council’s Reserve Management Plan P8 Naming Policy. 

Carried

 

MOTION

6.       That in relation to Issue 6, the Policy Committee approves:

That the Policy Committee direct a member of the Council’s Transportation team undertake a review of Thompsons Track in light of safety concerns raised and monitor the use of the road over time.

Amendment

 

Moved:  Cr J Denyer

Second: Cr A Henry

 

That number ‘6.’ read as follows with the additional (emboldened) wording:

 

6.       That in relation to Issue 6, the Policy Committee approves:

That the Chief Executive Officer direct a member of Council’s Transportation team to undertake a review of the formed road section of Thompsons Track in light of safety concerns raised and monitor the use of the road over time.

CARRIED 

 

 

 

 

The amendment was put, was declared carried and became a Substantive Motion as follows: 

 

Resolution  PP20-7.60

Part 9.

Moved:       Cr J Denyer

Seconded:  Cr A Henry

6.       That in relation to Issue 6, the Policy Committee approves:

That the Chief Executive Officer direct a member of Council’s Transportation team to undertake a review of the formed road section of Thompsons Track in light of safety concerns raised and monitor the use of the road over time.

 

Carried

Resolution  PP20-7.61

Part 10.

Moved:       Cr M Dean

Seconded:  Cr J Denyer

7.       That in relation to Issue 7, the Policy Committee approves staff continuing to work with partners including Community Groups to manage and enhance significant ecological features of the reserve.

Carried

Resolution  PP20-7.62

Part 11.

Moved:       Cr M Grainger

Seconded:  Cr M Dean

8.       That in relation to Issue 8, the Policy Committee notes that the accidental discovery protocol will be utilised should a culturally significant finding be made during the development of the reserve.

Carried

Resolution  PP20-7.63

Part 12.

Moved:       Cr M Lints

Seconded:  Cr A Henry

9.       That in relation to Issue 9, the Policy Committee directs that other matters raised in relation to the operation of the facility are addressed through the Reserve Management Plan and Operational Guidelines of the reserve.

Carried

Resolution  PP20-7.64

Part 13.

Moved:       Cr M Murray-Benge

Seconded:  Cr A Henry

10.     That the indicative costs for implementation of the concept plan be referred to the Long Term Plan 2021-31 (Attachment C).

Carried

Resolution  PP20-7.65

Part 14.

Moved:       Cr J Denyer

Seconded:  Mayor G Webber

11.     That the Policy Committee approves the decision story including amendments as directed for dissemination to those that provided feedback as the response to their feedback, and to be published on the Council’s website (Attachment D of the Agenda report).

Carried

 

 

9.3         Submission to BOPRC Draft Changes 5 (Kaituna River) to the Regional Policy Statement

The Committee considered a report dated 1 December 2020 from the Senior Policy Analyst.  The report was taken as read. 

Resolution  PP20-7.66

Moved:       Cr M Murray-Benge

Seconded:  Cr M Lints

That the report dated 1 December 2020 titled ‘Submission to BOPRC Draft Changes 5 (Kaituna River) to the Regional Policy Statement’ be received.

Carried

 

10          Information for Receipt

 

The Meeting closed at 10.20am

 

Confirmed as a true and correct record by Council on 17 December 2020.

 

 

 

 


Council Meeting Agenda

17 December 2020

 

10          Reports

10.1       Local Government Commission on Boundary Change - Belk Road, Keenan Road and Tara Road Areas

File Number:           A3948179

Author:                    Gillian Payne, Strategic Advisor

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

Executive Summary

This report is to advise Council of a decision of the Local Government Commission (LGC) in relation to the boundaries between Western Bay of Plenty District and Tauranga City in the areas of Keenan Road, Belk Road and Tara Road.

The Local Government Commission has resolved, pursuant to clause 12 of Schedule 3 of the Local Government Act 2002, to prepare and adopt a reorganisation plan for:

•    The transfer of areas at Belk, Keenan and Tara Roads from Western Bay of Plenty District          to Tauranga City; and

•    The transfer of the “Hurst” property from Tauranga City to Western Bay of Plenty District.

 

Recommendation

That the Strategic Advisor’s report dated 17 December 2020 titled ‘Local Government Commission on Boundary Change – Belk Road, Keenan Road and Tara Road Areas’ be received.

 

 

Background

1.       Councillors will recall that an earlier decision was made by LGC to transfer the Tauriko West area to Tauranga City for residential development, as proposed by Western Bay in November 2018.  As part of that process, several submitters to LGC’s Tauriko West consultation process suggested further boundary adjustments around Belk, Tara and Keenan Roads and these eventually became the subject of LGC proposals for public consultation in June 2020.

2.       The attached report form LGC outlines the consultation process they undertook, summarises the submissions and explains the rationale for the decisions taken, according the requirements of Schedule 3 of the Local Government Act 2002.

3.       The next step for LGC is to prepare and adopt a reorganisation plan formally providing for the boundary alterations, followed by the making of an Order in Council to give effect to it. After that the Commission will develop a reorganisation implementation scheme setting out the detailed transitional arrangements. Once the Commission has adopted the scheme this is given effect by an Order in Council.

 

Attachments

1.       Belk, Keenan and Tara Roads Reorganisation - Decision of Submissions  

 


Council Meeting Agenda

17 December 2020

 


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Council Meeting Agenda

17 December 2020

 

10.2       Recommendatory report from Performance and Monitoring Committee - Lease Site for Katikati Avocado Food and Wine Festival Shipping Containers on Uretara Domain

File Number:           A3936394

Author:                    Carolyn Irvin, Governance Advisor

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

Executive Summary

The Committee considered a report dated 24 November 2020 from the Reserves and Facilities Manager.  The focus of the report was on the application and the timing to get the containers in place for an event early in the New Year.  A final decision would be made at the next Council meeting on 17 December 2020.

 

Council is required to consider the recommendations and resolve accordingly.  The following options are available to Council and where appropriate the preferred option has been recommended.

 

Please note the following is a recommendation only.  The Council may resolve to:

 

a.    Adopt as recommended

b.    To modify

c.    Refer to another Committee

d.    To decline (giving reasons) and refer back to the Performance and Monitoring Committee.

 

Recommendation

1.   That the report dated 17 December 2020 titled ‘Recommendatory Report for the Performance and Monitoring Committee – Lease site for Katikati Avocado Food and Wine Festival Shipping Containers on Uretara Domain’ be received.

 

2.   That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

 

3.  That Council exercises its powers conferred on it as the administrating body of the reserve, by delegation from the Minister of Conservation under the Reserves Act 1977, and grants Katikati Funfest Charitable Trust Board the right to lease for up to 25 years for 142m² of land being part of Lot 1 DP15488 to allow for a storage facility situated on Uretara Domain.

 

4.  If approval is given, such approval must not be construed by the applicant, as a guarantee that all other consents required by any policy, by-law, regulation or statute, will be forthcoming.  The applicant is responsible for obtaining all required consents at its own cost.

 

 

recommendation from the performance and monitoring committee on              24 November 2020 

 

Remit No. PM20-7.6:        Lease site for katikati avocado food and wine festival

                                          shipping containers on uretara domain

 

Moved:       Mayor G Webber

Seconded:  Cr M Dean

 

1.    That the report dated 24 November 2020 titled ‘Lease Site for Katikati Avocado Food and Wine Festival Shipping Containers on Uretara Domain’ be received.

2.    That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

3.    That the Performance and Monitoring Committee recommends to Council to exercise its powers conferred on it as the administrating body of the reserve by delegation from the Minister of Conservation under the Reserves Act 1977 and grant Katikati Funfest Charitable Trust Board the right to lease for up to 25 years for 142m² of land being part of Lot 1 DP15488 to allow for the a storage facility situated on Uretara Domain.

4.    If approval is given, such approval must not be construed by the applicant, as a guarantee that all other consents required by any policy, by-law, regulation or statute, will be forthcoming.  The applicant is responsible for obtaining all required consents at its own cost.

 

staff comments

Staff support the recommendation in accordance with the report titled ‘Omokoroa Crown Infrastructure Partners Funded Projects’ as considered by the Performance and Monitoring Committee on 1 September 2020.

 

 

   

 


Council Meeting Agenda

17 December 2020

 

10.3       Recommendatory Report from the Policy Committee - Adoption of Speed Limits Bylaw 2020

File Number:           A3939456

Author:                    Carolyn Irvin, Senior Governance Advisor

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

Executive Summary

Council is required to consider the recommendations and resolve accordingly.  The following options are available to Council and where appropriate the preferred option has been recommended.

 

Please note the following is a recommendation only.  The Council may resolve to:

 

1.  Adopt as recommended;

2.  To modify;

3.  Refer to another Committee; and

4.  To decline (giving reasons) and refer back to the Policy Committee.

w

Recommendation

1.   That the report dated 17 December 2020 titled ‘Recommendatory Report from the Policy Committee – Adoption of Speed Limits Bylaw 2020’ be received.

 

2.   That the Policy Committee recommendations of 1 December 2020 be amended as follows:

 

(a)  Recommendation (II) – Delete the following: An annual temporary 30km/h speed limit has been installed during the summer period.

(b)  Recommendation (g) – Delete and replace with a new recommendation below.

(c)  Recommendation (new) – Alongside this bylaw review, Council is installing advisory active warning signs during 2020/2021 at the following rural schools:

 

·    Rangiuru School

·    Pongakawa School

·    Omokoroa No. 1 School

·    Whakamarama School

·    Pukehina School

 

3.   That pursuant to section 22AB of the Land Transport Act 1998, and effective from 29 March 2021, the Speed Limits Bylaw 2020 (attached) be adopted by Council inclusive of all amendments (as accepted and resolved by the Policy Committee on 1 December 2020), and the recommended amendments outlined above, on the basis that the Speed Limits Bylaw 2020 is the most appropriate way of managing speed limits on roads within the jurisdiction of Western Bay of Plenty District Council.

 

4.   That the report relates to an issue that is considered to be of medium significance in terms of Council’s Significance and Engagement Policy. 

 

5.   That Council adopts the decision document (attached) alongside the final bylaw, to be disseminated as soon as practicable as the formal response to submitters on the draft bylaw.

 

 

recommendation from the policy committee on 1 December 2020

9.1    Deliberations on the Draft Speed Limits Bylaw 2020

The Committee considered a report dated 1 December 2020 from the Senior Policy Analyst-Consultant who gave a summary of the report noting the following:

 

·    The draft Speed Limits Bylaw was adopted in July 2020 to go out for consultation.

·    There had been quite a number of community requests for speed limit reductions since 2015, which was the last time Council had made changes.

·    Three Key Issues were involved:

The setting of a default speed limit at 50 km/hr in urban areas;

A range of changes across the local road network; and

The setting of variable speed limits around local schools.

·    The majority of submissions received agreed with Council’s proposed changes.

·    This deliberations report identified five key issues to be worked through, as reflected in the recommendations.

 

The Chairperson advised that, for clarity, the resolutions would be dealt with in parts.

 

Resolutions:

Resolution  PP20-7.2

Part 1.

Moved:       Cr M Lints

Seconded:  Cr A Henry

1.    That the Senior Policy Analyst – Consultant’s report dated 1 December 2020 titled ‘Deliberations on the Draft Speed Limits Bylaw 2020’ be received.

Carried

 

Resolution  PP20-7.3

Part 2.

Moved:       Cr A Henry

Seconded:  Cr M Murray-Benge

2.    That the report relates to an issue that is considered to be of medium significance in terms of Council’s Significance and Engagement Policy.

Carried

 

Resolution  PP20-7.4

Part 3.

Moved:       Cr G Dally

Seconded:  Cr J Denyer

3.    That the Committee receives all written and verbal feedback from the special consultative procedure, 3 August to 4 September 2020, as set out in the document titled “Speed Limits Bylaw Review – Submissions” as circulated separately with this agenda.

 

Carried

Resolution  PP20-7.5

Part 4.

Moved:       Cr M Dean

Seconded:  Cr G Dally

4.    That in relation to Issue 1: Urban Traffic Areas, the Committee resolves (as amended in the draft bylaw) to recommend to Council to include Urban Traffic Areas,  which set default speed limits of 50km/hr, in the final bylaw.  

Carried

Resolution  PP20-7.6

Part 5.

Moved:       Cr G Dally

Seconded:  Cr M Lints

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

a.       No. 2 Road - 50km/hr from end of 50km/hr zone to Dudley Vercoe Drive, 60km/hr to the current 100km/hr mark on edge of urban limits.

Carried

Resolution  PP20-7.7

Part 6.

Moved:       Cr G Dally

Seconded:  Cr M Lints

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

b.       Manoeka Road - 50km/hr from Te Puke Quarry Road up to address No 293 then 60km/hr to the end of Manoeka Road.

Carried

 

Resolution  PP20-7.8

Part 7.

Moved:       Cr G Dally

Seconded:  Cr M Lints

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

c.       No. 1 Road - 50km/hr from No 27 (current end of 50km/hr) to end of curved section at 15 meters south of boundary between property No 78 and No 93.

Carried

 

Resolution  PP20-7.9

Part 8.

Moved:       Cr M Lints

Seconded:  Cr M Murray-Benge

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

d.       No. 3 Road - 50km/hr to the existing 70/100 signs at No 106 south of Macloughlin Drive.

Carried

 

 

MOTION

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

e.   Wilson Road South - 50km/hr from north of the railway over bridge to 135m north of No 156 (just before corner).

 

Amendment

 

Moved:  Cr J Scrimgeour

Second: Cr A Henry

 

That sentence ‘e.’ read as follows:

           e.   Wilson Road South - 50km/hr from the existing 50km/hr to 135m north of No 156 (just

                 before the corner).

CARRIED 

 

The amendment was put, was declared carried and became the Substantive Motion as follows: 

 

 

SUBSTANTIVE MOTION PP20-7.10

Part 9.

Moved:       Cr J Scrimgeour

Seconded:  Cr A Henry

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

e.       Wilson Road South - 50km/hr from the existing 50km/hr to 135m north of No 156 (just before the corner).

Carried

Resolution  PP20-7.11

Part 10.

Moved:       Cr M Lints

Seconded:  Cr J Scrimgeour

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

f.       Ford Road - 60km/hr from 750m north of Kaituna Road to end of road.

Carried

Resolution  PP20-7.12

Part 11.

Moved:       Cr G Dally

Seconded:  Cr M Lints

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

g.       Arawa Road - 40km/hr and include Penelope Place.

Carried

Resolution  PP20-7.13

Part 12.

Moved:       Cr J Scrimgeour

Seconded:  Cr M Lints

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

h.       Pah Road - 80km/hr for 800m from Te Puke Highway.

Carried

Resolution  PP20-7.14

Part 13.

Moved:       Cr M Murray-Benge

Seconded:  Cr M Dean

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

i.        Joyce Road – 50km/hr from Pyes Pa Road to Harlow Place then 80km/hr for rest of Joyce Road to SH36.

Carried

Resolution  PP20-7.15

Part 14.

Moved:       Cr M Dean

Seconded:  Cr M Murray-Benge

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

j.        Oropi Road - 80km/hr from Wood Road to just south of Castles Road. 

Carried

Resolution  PP20-7.16

Part 15.

Moved:       Cr M Dean

Seconded:  Cr A Henry

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

k.       Oropi Road - 50km/hr from Oropi Village south to 25m south of No 1381 (180m north of McPhail Road).

Carried

Resolution  PP20-7.17

Part 16.

Moved:       Cr M Murray-Benge

Seconded:  Cr D Thwaites

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

l.        Omanawa Road – 80km/hr from SH29 to McLaren Falls Road.

Carried

Resolution  PP20-7.18

Part 17.

Moved:       Cr M Murray-Benge

Seconded:  Cr M Dean

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

m.     Oropi Gorge Road – 60km/hr from 150m west of water tanks access way to Oropi Road.

Carried

Resolution  PP20-7.19

Part 18.

Moved:       Cr M Grainger

Seconded:  Mayor G Webber

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

n.       Anderley Avenue – 40km/hr from Omokoroa Road to the end of Anderley Avenue.

Carried

Resolution  PP20-7.20

Part 19.

Moved:       Cr D Thwaites

Seconded:  Mayor G Webber

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

o.       Oikemoke Road - 60km/hr to the end of the road, and include Lochhead Road, from Te Puna Road to the end.

Carried

Resolution  PP20-7.21

Part 20.

Moved:       Cr D Thwaites

Seconded:  Cr M Murray-Benge

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

p.       Clarke Road – 80km/hr from SH2 to Te Puna Station Road.

Carried

Resolution  PP20-7.22

Part 21.

Moved:       Cr D Thwaites

Seconded:  Cr M Grainger

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

q.       Snodgrass Road – 60km/hr from 50m south of Borell Road to 1200m north of Borell Road (existing 50km/hr location).

Carried

Resolution  PP20-7.23

Part 22.

Moved:       Cr M Grainger

Seconded:  Cr M Murray-Benge

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

r.       Newnham Road – 60km/hr from Snodgrass Road to end of road.

Carried

Resolution  PP20-7.24

Part 23.

Moved:       Cr D Thwaites

Seconded:  Cr M Murray-Benge

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

s.       I’Anson Road – 60km/hr from Munro Road to end of road.

Carried

Resolution  PP20-7.25

Part 24.

Moved:       Cr D Thwaites

Seconded:  Cr M Murray-Benge

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

t.        Munro Road – 60km/hr from SH2 to Te Puna Quarry Road.

Carried

Resolution  PP20-7.26

Part 25.

Moved:       Cr M Murray-Benge

Seconded:  Cr M Grainger

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

u.       Florence Lane – 60km/hr from Minden Road to end of road.

Carried

Resolution  PP20-7.27

Part 26.

Moved:       Cr M Murray-Benge

Seconded:  Mayor G Webber

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

v.       Crawford Road - 60km/hr up to RP 4190m near Poripori Road.

Carried

Resolution  PP20-7.28

Part 27.

Moved:       Cr D Thwaites

Seconded:  Cr M Murray-Benge

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

w.      Minden Road – 60km/hr from existing 80km/hr sign to existing deregulation sign near Minden lookout.

Carried

Resolution  PP20-7.29

Part 28.

Moved:       Cr M Murray-Benge

Seconded:  Cr M Dean

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

x.       Junction Road – 60km/hr from Minden Road to Crawford Road.

Carried

Resolution  PP20-7.30

Part 29.

Moved:       Cr M Murray-Benge

Seconded:  Cr D Thwaites

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

y.       Te Puna Station Road – 60km/hr from SH2 to 40m west of Clarke Road.

Carried

Resolution  PP20-7.31

Part 30.

Moved:       Cr D Thwaites

Seconded:  Cr M Dean

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

z.       Te Puna Station Road – 80km/hr from 40m west of Clarke Road to Te Puna Road.

Carried

 

Resolution  PP20-7.32

Part 31.

Moved:       Cr M Murray-Benge

Seconded:  Cr M Grainger

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

aa.     Poripori Road – 80km/hr from SH29 to Crawford Road.

Carried

 

 

MOTION

 

Moved:       Cr D Thwaites

Seconded:  Mayor G Webber

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend the following amendments for inclusion in the final bylaw:

bb.         Omokoroa Road - 60km/hr from Prole Road to existing 80/60 change point near

Kaimai Views roundabout. Retain existing 60km/hr from Kaimai Views to Tralee Street.  Retain existing 50km/hr from Tralee Street to Esplanade.  Reduce Esplanade to 30km/hr.

 

Amendment

 

The mover and seconder agreed to the following amendment of their motion:

 

That sentences 1, 3  and 4 remain unchanged.

That ‘bb.’ read as follows with the emboldened sentence amended:

 

         bb.         Omokoroa Road – 60km/hr from Prole Road to existing 80/60 change point near

Kaimai Views roundabout.  Reduce the existing 60km/hr from Kaimai Views to Tralee Street to 50 km/hr.  Retain existing 50km/hr from Tralee Street to Esplanade.  Reduce Esplanade to 30km/hr.

                    

 

CARRIED

 

The motion, as amended, was then put.  Voting was recorded as follows:

For:                               Mayor Webber, Cr G Dally, Cr M Dean, Cr M Grainger, Cr A Henry,

                            Cr C Humphreys, Cr M Lints, Cr J Scrimgeour, and Cr D Thwaites.

Against:                         Cr J Denyer

Abstained:           Cr M Murray-Benge   

Absent:                Cr K Marsh                

 

The amendment was declared carried and became the Substantive Motion as follows:

 

SUBSTANTIVE MOTION  PP20-7.33

Part 32.

Moved:       Cr D Thwaites

Seconded:  Mayor G Webber

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

bb.         Omokoroa Road - 60km/hr from Prole Road to existing 80/60 change point near

Kaimai Views roundabout. Reduce existing 60km/hr from Kaimai Views to Tralee Street.  Retain existing 50km/hr from Tralee Street to Esplanade.  Reduce Esplanade to 30km/hr.

Carried

Resolution  PP20-7.34

Part 33.

Moved:       Cr J Denyer

Seconded:  Cr A Henry

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

cc.     Seaforth Road - No change (retain current limits) from existing 50km/hr sign near Albacore Avenue (150m east of Albacore Avenue) and install 50km/hr advanced warning signage.

Carried

 

Resolution  PP20-7.35

Part 34.

Moved:       Cr J Denyer

Seconded:  Cr A Henry

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

dd.     Seaforth Road - 50km/hr at RP 4950m to Pio Road roundabout. 

 

Carried

 

 

Resolution  PP20-7.36

Part 35.

Moved:       Cr A Henry

Seconded:  Cr J Denyer

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

ee.     Sharp Road – 80km/hr from SH2 to end of road.

 

Carried

 

Resolution  PP20-7.37

Part 36.

Moved:       Cr M Murray-Benge

Seconded:  Cr A Henry

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

ff.      Tetley Road - 60km/hr on Tetley Road from RP 1240m to Wills Road.

 

Carried

 

Resolution  PP20-7.38

Part 37.

Moved:       Cr A Henry

Seconded:  Cr C Humphreys

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

gg.     Rereatukahia Road – 60km/hr from Tetley Road to end of maintained section.

 

Carried

 

Resolution  PP20-7.39

Part 38.

Moved:       Cr J Denyer

Seconded:  Cr A Henry

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

hh.     Rereatukahia Pa Road – 40km/hr from Rereatukahia Road to end of maintained section.

 

Carried

Resolution  PP20-7.40

Part 39.

Moved:       Cr C Humphreys

Seconded:  Cr A Henry

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

ii.       Lindemann Road – 80km/hr from SH2 to end of road.

 

Carried

Resolution  PP20-7.41

Part 40.

Moved:       Cr J Denyer

Seconded:  Cr A Henry

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

jj.       Wilson Road, Waihi Beach - 40km/hr on Wilson Road Waihi Beach from RP 690m (near The Crescent) to RP 1000m (near Dillon Street).

 

Carried

Resolution  PP20-7.42

Part 41.

Moved:       Cr A Henry

Seconded:  Cr J Denyer

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

kk.     Waihi Beach Road – 80km/hr from the district boundary to existing 50km/hr zone.

 

Carried

Resolution  PP20-7.43

Part 42.

Moved:       Cr J Denyer

Seconded:  Cr M Murray-Benge

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

ll.       Beach Road, Waihi Beach – no change, retain current 50km/hr. An annual temporary 30km/hr speed limit to be installed during the summer holiday period.

 

Carried

 

Resolution  PP20-7.44

Part 43.

Moved:       Cr A Henry

Seconded:  Cr J Denyer

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

mm.  Athenree Road – 50km/hr from 325m west of Koutunui Road intersection to Koutunui Road/Athenree Road intersection.

Carried

Resolution  PP20-7.45

Part 44.

Moved:       Cr M Murray-Benge

Seconded:  Cr J Denyer

5.    That in relation to Issue 2: Local Road Network, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

nn.     Opureora Road – 60km/hr from the Wharf to 55 Opureora Road.

Carried

 

6.    In relation to Issue 3: Variable Speed Limits, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

Staff responded to questions of clarification around the speed limit amendments for schools as follows:

·    The setting of speed limit rules for schools sets out the maximum amount of time that you can operate variable speed limits for schools.  All of the new speed limits were set for the maximum period of time that is allowed within the central government legislation for school signs.

·    The recommendations came from consultations the Roading Engineer East had with school principals from each of the schools.

 

Resolution  PP20-7.46

Part 45.

Moved:       Cr M Murray-Benge

Seconded:  Cr A Henry

6.    That in relation to Issue 3: Variable Speed Limits, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

a.       Katikati Primary School and Katikati College – variable speed limit of 40km/hr from Beach Road, Katikati – from 10m east of Carisbrooke Street to 50m west of Fairview Road, and between 8.20am - 8.55am and 2.50pm – 3.10pm during school term.

b.       Waihi Beach School - variable speed limit of 40km/hr from Beach Road, Waihi Beach –50m north of Wilson Road RAB to 50m south of Browns Drive, and between 8.20am - 8.55am and 2.50pm – 3.10pm during school term.

c.       Oropi School - variable speed limit of 40km/hr from Oropi Road, Oropi Village – from 15m east of Oropi Gorge Road (RP 11.847) to 100m south of Gamman Mill Road (RP 12.206), and between 8.20am - 8.55am and 2.35pm – 2.55pm during school term.

d.       Maketu School – no change to current speed limits on Wilson Road North as the school is not located on this road.

e.       Paengaroa School - variable speed limit of 40km/hr from Old Coach Road, Paengaroa – from 70m south of Wilson Road South (RP 70) to 265m south of Sunset Drive (RP 605), Sunset Drive, Paengaroa – from 70m west of Old Coach Road (RP 200) to Old Coach Road (RP 270), Black Road, Paengaroa – from Old Coach Road (RP 0) to 55m east of Old Coach Road (RP 55), and between 8:20am - 8:55am and 2:50pm - 3:10pm during school term.

f.       Te Puke Intermediate - variable speed limit of 40km/hr from Cameron Road, Te Puke from 145m south of Hookey Drive intersection to No 143 Cameron Road near Kylemore Place intersection, and between 8:05am-8:50am and 2:55pm-3:30pm during school term.

g.       Inclusion of 60km/hr permanent speed limits within 300m either side of the following rural schools (in response to the Waka Kotahi submission):

-     Rangiuru School

-     Pongakawa School

-     Omokoroa No.1 School (Plummers Point Road)

-     Whakamarama School

-     Pukehina School

   

Carried

Resolution  PP20-7.47

Part 46.

Moved:       Cr J Denyer

Seconded:  Cr M Dean

7.    That in relation to Issue 4: Additional areas requested for lower speed limits, the Committee resolves to recommend to Council the following amendments for inclusion in the final bylaw:

a.       That the speed limit be reduced to 50km/hr on Pahoia Road near the intersection with Pahoia Beach Road turnoff, and extending to the end of Pahoia Road and to the end of Pahoia Beach Road. 

 

Carried

Resolution  PP20-7.48

Part 47.

Moved:       Cr J Denyer

Seconded:  Cr J Scrimgeour

8.    That in relation to Issue 4: Additional areas requested for lower speed limits, the Committee notes that all other additional requests (with the exception of resolution 7 above) be deferred for consideration as part of the district wide speed limits review, following proposed legislative changes.  The rationale for this is that the requests have not been consulted on and are made by a few people, therefore this should be tested in terms of wider community feedback through another round of consultation. 

 

Carried

Resolution  PP20-7.49

Part 48.

Moved:       Cr M Lints

Seconded:  Cr A Henry

9.    That in relation to Issue 5: General comments on draft Bylaw, the Committee notes concerns raised by the community, Waka Kotahi and New Zealand Automobile Association (NZAA), and responds that the bylaw changes are seeking to address locally identified community concerns, rather than applying a generic approach across the District. This recognises the different road environments, use and specific community concerns. 

Carried

Resolution  PP20-7.50

Part 49.

Moved:       Cr M Dean

Seconded:  Cr M Murray-Benge

10.  That the Committee recommends to Council that the Speed Limits Bylaw 2020 be adopted, inclusive of the above amendments, and shall become effective on 29 March 2021.

Carried

Resolution  PP20-7.51

Part 50.

Moved:       Cr J Denyer

Seconded:  Cr M Grainger

11.  That the Committee directs staff to prepare a decision document as the formal response to submitters, in general accordance with the resolutions made in relation to this report, to be adopted at the Council meeting on 17 December 2020, alongside the final bylaw.

Carried

 

staff comments –senior policy analyst

Staff support the recommendations made by the Policy Committee on 1 December 2020, and recommend the proposed amendments set out in the recommendations of this report. These proposed amendments reflect the outcome of further discussions with Waka Kotahi.

It is also noted that the Speed Limits Bylaw has been updated to remove any duplication of information included in the schedules. 

 

SIGNIFICANCE AND ENGAGEMENT

1.       The Local Government Act 2002 requires a formal assessment of the significance of matters and decision in this report against Council’s Significance and Engagement Policy in order to guide decision on approaches of engagement and degree of options analysis.  In making this formal assessment it is acknowledged that all reports have a high degree of importance to those affected by Council decisions. 

2.         In terms of the Significance and Engagement Policy this decision is considered to be of medium significance because of the requirement to undertake consultation on the bylaw, the number of residents affected by the proposals, the spread of proposed speed limit changes across the District and the level of community interest in this review process.

 

Attachments

1.       Final Speed Limits Bylaw 2020 (for Council adoption)

2.       Key Decisions Document - Speed Limits Bylaw Review 2020  

 


Council Meeting Agenda

17 December 2020

 



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Council Meeting Agenda

17 December 2020

 


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Council Meeting Agenda

17 December 2020

 

10.4       Recommendatory Report from Katikati Community Board - 33 Middlebrook Drive - Community Leasing -  November 2020

File Number:           A3937988

Author:                    Pernille Osborne, Senior Governance Advisor - Community Boards

Authoriser:             Jan Pedersen, Group Manager People And Customer Services

 

Executive Summary

At the Katikati Community Board meeting held 25 November 2020 the Board was requested to put forward a recommendation relating to the community leasing of 33 Middlebrook Drive, Katikati.

 

Recommendation

1.    That the Senior Governance Advisor’s report dated 17 December 2020 titled ’Recommendatory Report from Katikati Community Board - 33 Middlebrook Drive – Community Leasing –– November 2020’ be received.

2.    That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

3.    That Council consults with the public in accordance with Section 138 and 82 of the Local Government Act 2002 on leasing the Property to community groups.

4.    That Expressions of Interest be called for from community groups interested in co-locating on the Property.

5.    That the call for Expressions of Interest identify the MenzShed Katikati, Western Bay Museum, Katikati Community Vans and Katikati Community Patrol as interested community groups.

6.    That the users of the Property lease the land on Council’s usual terms and in accordance with Council’s leasing policy.

 

 

Background

Council owns a property at 33 Middlebrook Drive known as Section 8 SO 453028, which a portion is currently leased by the Red Cross (the “Property”).

A number of community groups are interested in leasing the remaining land including MenzShed Katikati, Western Bay Museum, Katikati Community Vans and Katikati Community Patrol (the “Interested Parties”).

A concept plan for development of the Property is shown as Attachment 1, which provides a space for each of the Interested Parties. The development of the Property will be undertaken by the Interested Parties in consultation with the Council. The Interested Parties will seek third party funding to develop the site in general accord with the attached concept design.

Prior to approving the concept, it is good practise to call for Expressions Of Interest from community groups to assess demand for the property proposed, and whether there is opportunity to co-locate other community groups.

Given the history of the land, a severance off Moore Park, it is likely the land is captured by section 138 of the Land Government Act and as such, Council is required to undertake appropriate public consultation in terms of Section 82 of the Act.

 

At the Katikati Community Board meeting held 25 November 2020 the Board adopted the following recommendation:

That it be recommended to Council

1.       That Council consults with the public in accordance with Section 138 and 82 of the Local Government Act 2002 on leasing the Property to community groups.

2.       That Expressions of Interest be called from community groups interested in co-locating on the Property.

3.       That the call for Expressions of Interest identify the MenzShed Katikati, Western Bay Museum, Katikati Community Vans and Katikati Community Patrol as interested community groups.

4.       That the users of the Property lease the land on Council’s usual terms and in accordance with Council’s leasing policy.

1.          

2.         Staff Comments – Strategic Property Manager

3.         Staff support the recommendation in accordance with the report titled “33 Middlebrook Drive – Community Leasing” as considered by the Katikati Community Board on 25 November 2020.

Significance and Engagement

In terms of the Significance and Engagement Policy, this decision is considered to be of low significance.

Engagement, Consultation and Communication

Interested/Affected Parties

Planned Consultation

Name of interested parties/groups

MenzShed Katikati

Western Bay of Plenty Museum

Katikati Community Vans 

Katikati Community Patrol.

Planned

 

Tangata Whenua

 

General Public

General Public will be consulted as part of the consultation required under Section 138 of the Act.

Issues and Options Assessment

Option A

1.       That Council consults with the public in accordance with Section 138 and 82 of the Local Government Act 2002 on leasing the Property to community groups.

2.       That Expressions of Interest be called from community groups interested in co-locating on the Property.

3.       That the call for Expressions of Interest identify the MenzShed Katikati, Western Bay Museum, Katikati Community Vans and Katikati Community Patrol as interested community groups.

4.       That the users of the Property lease the land on Council’s usual terms and in accordance with Council’s leasing policy.

Assessment of advantages and disadvantages including impact on each of the four well-beings

·    Economic

·    Social

·    Cultural

·    Environmental

Opportunity to provide space for 4 community groups for a purpose-built development.

The consultation process could allow other interested community groups to be considered.

The development would support all four of the well-beings.

 

Costs (including present and future costs, direct, indirect and contingent costs).

There would be some incidental costs related to testing ground stability and surveying to support the Proof of Concept process.

Other implications and any assumptions that relate to this option (Optional – if you want to include any information not covered above).

Rental for the property would be assessed in terms of Council’s leasing policy on rents to community groups

Option B

Status Quo

Assessment of advantages and disadvantages including impact on each of the four well-beings

·    Economic

·    Social

·    Cultural

·    Environmental

The land would remain available for alternative use in the event it was required.

Costs (including present and future costs, direct, indirect and contingent costs).

Maintenance costs of the site would continue.

Other implications and any assumptions that relate to this option (Optional – if you want to include any information not covered above).

Nil

Statutory Compliance

Council will comply with Section 138 and 82 of the Local Government Act 2002.

Attachments

1.       Concept Plan for the Property Development

2.       2020-11-11 - 33 Middlebrook Drive Aerial Shot

3.       2020-11-11 - Katikati MenzShed & Museum Store  

 


Council Meeting Agenda

17 December 2020

 








Council Meeting Agenda

17 December 2020

 


Council Meeting Agenda

17 December 2020

 







 


Council Meeting Agenda

17 December 2020

 

10.5       Tourism Bay of Plenty Letter of Expectation

File Number:           A3937682

Author:                    David Pearce, Community Manager

Authoriser:             Miriam Taris, Chief Executive Officer

 

Executive Summary

The purpose of this report is to confirm the Tourism Bay of Plenty (TBOP) Letter of Expectation (LOE) for 2021-2022 from Western Bay of Plenty District Council (WBOPDC) and Tauranga City Council (TCC).

Recommendation

1.    That the Community Manager’s report dated 2 December 2020 titled ‘Tourism Bay of Plenty Letter of Expectation’ be received.

2.    That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

3.    Approves the Letter of Expectation (Attachment 1) from Tauranga City Council/Western Bay of Plenty District Council to Tourism Bay of Plenty, noting that approval of TCC, as joint shareholder, will be sought at their December Council meeting.

 

 

Background

1.    The TBOP Letter of Expectation has been developed in consultation with TBOP. The letter gives guidance to TBOP on what Councils’ expect to see in their 2021-2024 Statement of Intent (SOI).

Legislative requirements for Council Controlled Organisations (CCO)

2.    Part 5 of the Local Government Act 2002 (LGA) sets out the statutory regime for CCOs. The key components are:

a.    appointment of directors/trustees;

b.    consideration of the draft SOI and providing comment;

c.    regularly monitoring CCOs’ performance; and

d.    including the CCOs’ objectives and performance in the council’s long-term plan, annual plan and annual report.

3.    Under the LGA legislative framework, Councils’ have minimal opportunity for input into TBOP (a TCC CCO) planning for the following year until the draft SOI has been completed and submitted to Councils’, at which point Councils’ have two months to respond.

4.    A number of councils take a more proactive approach, working collaboratively with their CCOs and providing them with clear guidance at the early stages of the annual planning process. This helps to ensure that the CCO’s objectives and strategies are aligned with the Council’s and is particularly important when CCOs deliver significant services on its behalf.

5.    With TCC, WBOPDC has worked with TBOP to set clear expectations and to develop expectation documents, in particular the over-arching Enduring Statement of Expectation (ESE) and the annual Letter of Expectation (LOE). The LOE outlines key areas of focus for TBOP for the following year, usually linked to strategic priorities.

 

 

 

Letters of Expectation for 2021-2022

6.    A draft LOEs has been developed by TCC in consultation with TBOP and WBOPDC. The draft letter is provided as an attachment to this report.

7.    You will note the recent feedback, that Council wanted TBOP to focus more on walking and cycling in our District, has been incorporated into the draft Letter of Expectation.

8.    While not a legislative requirement under the Local Government Act (2002), when combined with the Enduring Statement of Expectation, the LOE is a key means of Councils’ providing clear guidance to TBOP.

9.    The LOEs help ensure that TBOP’s objectives and strategies are aligned with Councils’, by providing key areas of focus that the two Councils expects to see reflected in their SOIs.

Significance and Engagement

In terms of the Significance and Engagement Policy this decision is considered to be of low significance as it is consistent with established practice

Engagement, Consultation and Communication

Community consultation or engagement is not required or appropriate for this matter. There are no legal implications or risks.

Funding/Budget Implications

There are no financial considerations.

next steps

10.  Once adopted, the LOEs will be incorporated into an official letter to TBOP, signed by the Mayor/s and delivered to the TBOP Chair.

11.  The LOE for Tourism Bay of Plenty will go for approval by TCC, as joint shareholder, at their December Council meeting.

12.  The LOEs is intended to inform TBOP’s draft SOI document, which is due to the councils’ by 1 March 2021. Councils’ must then provide feedback on the draft SOIs to TBOP by 1 May 2021. The final SOIs must be adopted by the TBOP board and submitted to Councils’ by 30 June 2021.

Attachments

1.       Letter of Expectation from Tauranga City Council and Western Bay of Plenty District Council to Tourism Bay of Plenty for 2021-2022  

 

1.      


Council Meeting Agenda

17 December 2020

 



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Council Meeting Agenda

17 December 2020

 

10.6       Tourism Bay of Plenty Trustee Remuneration

File Number:           A3937683

Author:                    David Pearce, Community Manager

Authoriser:             Miriam Taris, Chief Executive Officer

 

Executive Summary

1.       The purpose of this report is to present the recommendations from a Tauranga City Council (TCC) review of remuneration for trustees and directors of the three TCC Council Controlled Organisations (CCO’s).  As Western Bay of Plenty District Council (WBOPDC) is a partner, with TCC, of Tourism Bay of Plenty (TBOP) this report only relates to the trustees of TBOP and seeks approval for an increase in TBOP trustee fees.

Recommendation

1.    That the Community Manager’s report dated 1 December 2020 titled ‘Tourism Bay of Plenty Trustee Remuneration’ be received.

2.    That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

3.    Agrees to increase the remuneration for trustees of Tourism Bay of Plenty, with the new base fee set at $12,000 per annum.

4.    Agrees to increase the Tourism Bay of Plenty Chair fee to $24,000 per annum.

5.    Agrees to increase the Tourism Bay of Plenty Deputy Chair fee to $15,000 per annum.

6.    Agrees that the increased total cost of trustee remuneration will be funded out of Tourism Bay of Plenty’s current operational funding, with immediate effect. 

 

 

Background

2.       TBOP trustees are jointly appointed with TCC, Councils’ jointly set the level of director remuneration.

3.       Regular reviews of CCO directors’ remuneration are required by the Local Government Act 2002 (LGA). Ensuring that CCO directors’ remuneration is appropriate enables TCC/WBOPDC to attract and retain suitably qualified directors for Tourism Bay of Plenty.

4.       As the major funder of TBOP, Tauranga City Council’s ‘Appointment of Directors to Council Organisations’ Policy states that CCO trustee/director remuneration will be reviewed at least once per triennium.

5.       The last review took place in December 2017, but did not approve a remuneration increase for the trustees of TBOP.  The last fee increase took place in March 2016.

6.       While the Trust Deed for TBOP enables the board to have up to a maximum of eight trustees, TBOP have agreed to limit their board to the current six trustees, which reduces the financial impact.

7.       The review used the same methodology as previous reviews undertaken in 2015/16 and 2017 and included benchmarking and consideration of the recent board performance reviews. The review was supported by the Institute of Directors: Directors’ Fees Report 2020/21.

8.       The review recommends increasing the TBOP trustee fees to better reflect the quality of trustees, the board’s recent performance, and the length of time since their remuneration was last increased.  No extra funding is sought.

9.       The next review of CCO director remuneration will take place in 2023.

10.     The below table shows the current remuneration for CCO directors:

 

Base fee - trustee

Fee - Chair

No. of Trustees

TBOP

$7,500

$15,000

6

 

The review recommends the following new trustee fees:

 

Base fee - trustee

Fee - Chair

Fee - Deputy Chair

TBOP

$12,000

$24,000

$15,000

 

SIGNIFICANCE AND ENGAGEMENT

In terms of the Significance and Engagement Policy this decision is considered to be of low significance.  No community consultation or engagement is required. There are no legal implications of this decision.

Issues and Options Assessment

Option A

Approve the recommended TBOP trustee fee remuneration changes (to $12,000 base fee).

Advantages

 

Increases TBOP’s trustee remuneration to better reflect the quality of trustees on the board. 

 

Fair remuneration for TBOP trustees allows Councils’ to attract and retain suitably qualified trustees. 

 

Qualified trustees are better able to govern and help achieve TBOP’s objectives and contribute to Councils’ wider objectives and strategies. 

 

Fair remuneration for TBOP trustees has a positive effect on Councils’ reputation, particularly in the relevant sector (i.e. tourism).

 

An increase in remuneration may have a positive impact on Councils’ relationship with TBOP trustees as they feel more valued

Disadvantages

 

TBOP trustee remuneration would be taken from the current operating funding.

Option B

Do not approve the recommended changes to TBOP trustee remuneration.

Advantages

 

No financial impact on operational budget.

Disadvantages

Potential negative impact on Councils’ relationship with TBOP trustees, due to a perception that they are under-valued.

Potential reputational issues, leading to difficulty attracting and retaining high-calibre trustees. 

 

   

 


Council Meeting Agenda

17 December 2020

 

10.7       Mayor's Report to Council - 3 December 2020

File Number:           A3931475

Author:                    Charlene Page, Executive Assistant Mayor/CEO

Authoriser:             Garry Webber, Mayor

 

Executive Summary

1.       This report provides the Mayor’s update to Council

Recommendation

1.    That the Senior Executive Assistant’s report dated 3 December 2020 titled ‘’Mayor’s report to Council” be received.

2.    That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

 

Background

2.       Rural and Provincial update

3.       SmartGrowth update

   

 


Council Meeting Agenda

17 December 2020

 

11          Information for Receipt


Council Meeting Agenda

17 December 2020

 

12          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

12.1 - Confidential Minutes of the Council Meeting held on 5 November 2020

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(c)(ii) - the withholding of 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 otherwise to damage the public interest

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

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

12.2 - Confidential Minutes of the Performance and Monitoring Meeting held on 24 November 2020

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

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

12.3 - Chief Executive Information Report

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

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

12.4 - Chief Executive's Confidential Report - Execution of Documents Under Council Seal - December 2020

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(c)(ii) - the withholding of 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 otherwise to damage the public interest

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